MAJI INDIVIDUAL TERMS AND CONDITIONS
1. These terms
1.1 These are the terms and conditions governing your personal account subscription to the Maji financial wellbeing platform available on the website: www.maji.io or via the Maji app (the “Maji Platform”).
1.2 Please read these terms carefully before you sign up and apply to register your account (the “Personal Account”) for the Maji Platform with us. These terms tell you who we are, the benefits of your subscription, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if anything is unclear, please contact us to discuss this further. Please pay particular attention to clause 7 (Data Protection).
1.3 These terms together with any documents mentioned in them (e.g. our Privacy Policy (https://maji.io/privacy-policy/) and our Website Terms of Use (https://maji.io/terms-of-use/) constitute the entire agreement between us in relation to your subscription and the agreement supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the agreement. You agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) which is not set out in this agreement. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement and that the only remedy available shall be for breach of contract. You confirm that you have not relied on any representations made by us when entering into this agreement other than as set out expressly in the agreement.
1.4 A Personal Account on the Maji Platform may be linked to a third party such as an employer or distributor of Maji (“Administrator Account”). By signing up and applying to register a Personal Account you are confirming your agreement to be bound by these terms and conditions (“Personal Ts and Cs”) for as long as you maintain your Individual Account with Us.
1.5 If the employer or distributor that your Personal Account is connected to close their Administrator Account, your Personal Account will become unlinked and will no longer be connected to this Administrator Account.
1.6 If your Employer has an Employer Account, your account will be linked to your employer’s Employer Account. If you cease to be an Employee or your Employer closes its Employer Account, your Personal Account will become unlinked and will no longer be connected with an Employer Account.
2. Information about us and how to contact us
2.1 We are Maji Financial Wellbeing Services Limited, registered in England Wales as a company under company registration number 11937232 and our registered office is at 37 Oakfield Gardens, Beckenham, England, BR3 3A, United Kingdom. Our registered VAT number is 339566854. (“We”, “Us”, “Our” and “Ourselves”)
2.2 Further information about Us and Our purpose can be found here.
2.3 You can contact Us by e-mailing connect@maji.io
2.4 If We have to contact you then We will do so by writing to you at the e-mail address you have provided to Us in your application or through the Maji Platform.
2.5 When We use the words “writing” or “written” in these terms, this includes by fax and e-mail.
2.6 Unless the context otherwise requires, words in the singular shall include the plural and those in the plural shall include the singular.
2.7 Clause headings shall not affect the interpretation of these terms and conditions.
2.8 References to clauses are (unless otherwise provided) references to the clauses of these terms and conditions.
2.9 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
2.10 Any words following the terms: including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.11 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
3. Our contract with you
3.1 If you are creating a Personal Account, you must provide Us with the information We request on the registration form including your name and e-mail address. If your account is connected to an Administrator Account, you will need to register using the link in the communication sent to you by your Employer or Maji distributor.
3.2 A contract will come into existence between you and Us when We e-mail you a welcome e-mail confirming your registration (the “Commencement Date”). Please refer to Clause 5 regarding subscription fees.
3.3 When you sign up for a Personal Account, you are confirming that you are at least 16 years old.
4. Term of Agreement
4.1 This agreement shall commence on the Commencement Date and shall continue, unless cancelled or terminated earlier in accordance with clause 8, until you close your Personal Account (the “Term”).
4.2 If your Personal Account is linked to an Administrator Account and you subsequently cease to be connected to them, or they or cancel their subscription:
(a) then they are under an obligation to notify us and We will contact you by e-mail to notify you that your account will no longer be linked to an Administrator Account,
(b) the relevant sections of these terms and conditions will then apply, including subscription fees (please refer to clause 5).
5. Subscription Fees
5.1 We do not charge a fee to create a Personal Account, but subscription fees will become due if you choose to upgrade your Personal Account. Details of the levels of service available for you to choose from and the applicable subscription fees are provided on the Maji Platform. If you choose to upgrade your Personal Account, a fee will become payable to Us at the time of your subscription to that service and thereafter at the start of every month (each a “Renewal Date”).
5.2 If your account is connected to an Employer or Maji distributor, they might already have taken out a subscription for you and you will therefore not need to pay any subscription fees to access the services which they have paid for, unless you wish to upgrade your subscription to a different service.
5.3 If your Personal Account is not linked to an Employer or Maji distributor or if they have not agreed with Us to pay subscription fees on your behalf, any subscription fees due will be payable by you in accordance with this clause 5.
5.4 If any fees are payable by you, you will need to pay for your subscription by choosing an available payment method and entering the details on the payments page of the Maji Platform at the time of your subscription. Payments for subscriptions are due at the time of subscription and on each Renewal Date thereafter (the “Due Date”). Your subscription will automatically renew and payment will be taken from your card on each Due Date unless you tell us that you wish to cancel your subscription prior to a Due Date. If you wish to cancel your subscription, please refer to clause 8.
5.5 You must pay all amounts due to Us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.6 If any fees are payable by you and if you do not make any payment to Us by a Due Date, then unless you either make payment or tell us that you wish to cancel your subscription, We will cancel your subscription within 14 days and you will only be entitled to access free services through your Personal Account.
5.7 If your Personal Account ceases to be connected to an Employer or distributor of Maji and you wish to continue with your current subscription, then a subscription fee may become payable by you in accordance with clause 5.3. Alternatively, you may continue to use your Personal Account to access the free services provided on the Maji Platform without paying a subscription fee.
5.8 Some Maji Platform services might be subject to additional fees. In the event that additional fees are or become payable in connection with this agreement, We will notify you of such additional costs before you sign up for them on the Maji Platform.
6. Maji Platform
6.1 Once your registration has been confirmed and you have created a Personal Account, you will have access to the Maji Platform in accordance with these terms and conditions and Our Website Terms of Use.
6.2 We agree to perform Our obligations and provide any services to You under this agreement with reasonable care and skill.
6.3 By creating a Personal Account with Us, you will be providing Us with information about yourself in order to enable Us to provide you with Our services.
6.4 If your Personal Account is linked to an Administrator Account, and your Employer or Maji distributor has chosen to share details about your company pension via the Maji Platform:
a) they will provide us with information about you and your Employer’s pension scheme from time to time which we will use to keep your information up-to-date and to provide you with personal illustrations of your Employee pension;
b) you may be able to request changes to your Employer’s pension such as changes to your contribution rate, opting in or out of your scheme or in or out of a salary exchange scheme through the Maji platform and your Employer can approve those changes through their Administrator Account portal. We are not responsible for any errors or omissions on the part of any third partyin relation to changes made to Employee pensions.
6.5 When you create your Personal Account with Us, you have the option to provide Us with information about your financial accounts. If you have log-in details for certain financial accounts, you may be able to enter your log-in details on the Maji Platform in order to gain access to additional services delivered through the Maji Platform. All log-in details and additional services accessed this way are provided by third-party service providers (please refer to our Privacy Policy) and are not stored by Us nor are we responsible for their accuracy.
6.6 We sometimes work with third parties (“External Providers”) to provide some of the services made available on the Maji Platform. We are not endorsing the services, competence, skill or other suitability of such External Providers and their products and services and it is your responsibility to ensure that you review the suitability of such products and services together with any External Providers’ terms and conditions (including payment terms) before accepting any products or services from them. Where you have subscribed to Maji for shopping discounts we do endorse the competence, skill and suitability of our partner.
6.7 You agree that We are not responsible for any losses or damage you may suffer as a result of your dealings with an External Provider and You hereby indemnify Us, our officers, agents, and employees from from all legal costs, claims, demands and damages (actual, consequential, special or otherwise) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any use of the Maji Platform or disputes resulting from the same.
6.8 We are not authorised to give, and do not so give, any financial, legal or other regulated advice through the Maji Platform or otherwise.
6.9 You agree that as part of the Maji service and as an existing customer, We may periodically send you details about similar products or services using the contact details which you have provided unless you have opted-out of receiving such details at the time of completing our registration form when setting up your Personal Account or you subsequently choose to opt out at any time by e-mailing us at connect@maji.io.
6.10 We reserve the right to amend this agreement and the Maji Platform without notifying you although any material changes will be notified to you. You should also refer to Our Website Terms of Use. We may also change the services provided through the Maji Platform at any time, although We will not change any services for which you or your Employer or Maji distributor have paid a subscription fee without giving you one month’s prior notice.
7. Data Protection
7.1 This clause sets out the framework in respect of how we process your personal data.
7.2 For the purposes of this clause 7:
(a) “Agreed Purposes” means for the purposes of:
(i) providing you with the Maji Platform services, including to enable Us to provide you with educational information and guidance about your finances
(ii) providing you with access to third party services and such other purposes as are set out in our Privacy Policy and updated from time to time, and
(iii) contacting you in accordance with clause 6.9
(b) “Controller”, “processor”, “data subject”, “personal data”, “processing”, “personal data breach” and “appropriate technical and organisational measures” have the meanings generally given to them under Data Protection Legislation in force at the time.
(i) the information We request from you in accordance with clause 6.3 namely your first name, middle names (if applicable) and last name, work e-mail address, personal email address, gender, date of birth and account information. Note that if you were introduced to Maji by your Employer or a Maji distributor, when you share this data with Maji, you do so at your own discretion, and We shall be the data controller.
(ii) and/or information that may be provided to us by an Employer or Maji distributor in accordance with Clause 6.4, namely your first name, middle names (if applicable) and last name, work e-mail address, personal e-mail address, address and postcode, gender, date of birth, national insurance number, Employee reference number, gross annual salary, gross pensionable salary, pension contribution basis, daily pay rate, and contracted hours. Note that if a third party shares this data with us, they are the controller of this data and We are the processor, until such point as you create a Personal Account, at which point, we become the data controller.
(c) “Data Protection Legislation” means any data protection and privacy laws, enactments and regulations in force in the UK from time to time as subsequently amended, extended, re-enacted or replaced from time to time (“UK Data Protection Legislation”) including (i) the Data Protection Act 2018 (“DPA”) and the Privacy and Electronic Communications (EC Directive) Regulations (2003/2426) (“PECR”) (ii) any legislation incorporating, transposing or preserving the General Data Protection Regulation (EU) 2016/679 (“EU GDPR”) and any other directly applicable European Union regulation relating to privacy (to the extent that such law and regulations had legal effect in the UK prior to 2300 hours on 31 January 2020 (“EU Data Law”)) into law in force in the UK including the European Union (Withdrawal Agreement) Act 2020 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 No. 419 (“DPPEC”) and (iii) any mandatory guidance or codes of practice issued by the ICO or any other regulator that has jurisdiction in the UK from time to time.
(d) “Your Personal Data” means:
(i) the information We request from you in accordance with clause 6.3 namely your first name, middle names (if applicable) and last name, work e-mail address, personal email address, gender, date of birth and account information. Note that if you were introduced to Maji by your Employer, when you share this data with Maji, you do so at your own discretion and We shall be the data controller.
(ii) and/or information that may be provided to us by an Employer in accordance with Clause 6.4, namely your first name, middle names (if applicable) and last name, work e-mail address, personal e-mail address, address and postcode, gender, date of birth, national insurance number, Employee reference number, gross annual salary, gross pensionable salary, pension contribution basis, daily pay rate, and contracted hours. Note that if your Employer shares this data with Us, they are the controller of this data and We are the processor, until such point as you create a Personal Account, at which point, We become the data controller.
7.3 You acknowledge that in creating a Personal Account you and, if applicable, your Employer or Maji distributor, will regularly disclose to Us certain of Your Personal Data for the Agreed Purposes. Once you have created a Personal Account, We will handle Your Personal Data as a data controller for the Agreed Purposes in accordance with these Individual T&Cs and our Privacy Policy https://www.maji.io/privacy-policy/. In the event of any inconsistency between these terms and our Privacy Policy, the latter shall prevail.
7.4 In addition to the Agreed Purposes, We will anonymise all Your Personal Data that We receive and aggregate it with the anonymised personal data of other account holders for operational purposes to enable Us, e.g. to perform statistical analyses and to improve the Maji Platform. We may also share such anonymised data with third parties for the purposes of statistical analysis. Such anonymised data is not subject to the Data Protection Legislation.
8. Cancellation or Termination
8.1 You may close your Personal Account or change or cancel a subscription at any time during the Term via the Maji Platform. A change to your subscription fee will be activated at the start of the following month.
8.2 We will acknowledge your written notice by e-mail within 24 hours and confirm the closure of your Personal Account or alteration or cancellation of your subscription, as applicable.
8.3 If your account is connected to an Employer or Maji distributor, and they cancel their subscription or you cease to be an Employee during the Term, then clause 4.2 and clause 5.7 will apply.
8.4 We may terminate this agreement with immediate effect at any time by writing to you if:
(a) your continued access to and use of the Maji Platform is in Our reasonable opinion likely to damage Our reputation or the reputation and goodwill associated with Maji;
(b) you fail to log into your Personal Account for a period of at least 180 consecutive days;
(c) a subscription fee or any part of it remains unpaid in accordance with Clause 5.6;
(d) you breach our Website Terms of Use.
8.5 Cancellation of a subscription will result in the automatic withdrawal of any benefits available to you as part of that subscription, although you may continue to hold a Personal Account and access the free services available on the Maji Platform or change your subscription to a different subscription. Closure of a Personal Account will result in the deletion of your Personal Account and the deletion of any personal data subject to clause 7.4 and our Privacy Policy.
8.6 Anything in this agreement that expressly or by implication is intended to come into or continue in force on or after cancellation, termination or expiry of this agreement shall remain in full force and effect.
8.7 If We terminate this agreement under clause 8.4 above, all of your rights under this agreement will terminate. For further information please refer to the Website Terms of Use or contact Us.
9. Technical support
9.1 We shall at no additional cost to you, provide you with technical support during the hours of 9.30 a.m. to 4.30 p.m. Monday to Friday, excluding bank holidays
9.2 We shall use commercially reasonable endeavours to make the Maji Platform available, except for unscheduled maintenance at any time, provided that We shall use reasonable endeavours to give you at least 6 hours’ notice in advance. However, We do not warrant that your use of the Maji Platform will be uninterrupted or error-free and you are responsible for procuring and maintaining adequate network connections and telecommunications links to access the Maji Platform and for testing the Maji Platform to ensure that it meets your requirements.
10. Our responsibility for loss or damage suffered by you
10.1 We will be responsible to you for reasonably foreseeable loss and damage caused by Us. If We fail to comply with this agreement, We are responsible for loss or damage you suffer that is a reasonably foreseeable result of Our breaching this contract or Our failing to use reasonable care and skill in the provision of services to you under this agreement, but We are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious to a reasonable person that it will happen or if, at the time the contract was made, both We and you knew it was likely to happen, for example, if you discussed it with Us before signing up to the Maji Platform.
10.2 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors (as applicable) or for fraud or fraudulent misrepresentation.
10.3 Save as otherwise set out in this clause 10, We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us, and Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid by you or your Employer/Maji distributor on your behalf, as applicable, in the relevant year for your subscription to the Maji Platform.
10.4 Facilities provided via the Maji Platform, including the chat feature, enable you to ask Us questions relating to your personal finances and the functionality of the Maji Platform. We do not provide advice via the Maji Platform and nothing imparted by Us shall be construed as advice relating to your particular circumstances.
11. Complaints
11.1 We hope you never have cause to complain about Maji’s services. We recognise, however, that there may be times that we have made a mistake. Our aim is to always learn from our mistakes and work together with you to find solutions.
11.2 We take all complaints very seriously while investigating them promptly and fairly. If you would like to make a complaint please contact connect@maji.io
11.3 We will acknowledge any complaints made within 72 hours.
11.4 We have a maximum time limit of eight weeks to resolve your complaint, but we will work hard to resolve any complaints much sooner than this.
11.5 We will investigate and assess your complaint, and send you a response setting out our decision with regard to the complaint.
11.6 We will assume your complaint is resolved unless we hear from you otherwise.
12. Notice
12.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by e-mail to connect@maji.io, if to Us, or, if to you, to the e-mail address provided to Us in your application or otherwise notified to Us for the purposes of communicating with you.
12.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day (i.e. a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business) after posting or at the time recorded by the delivery service; and
(c) if sent by e-mail, at the time of transmission, or, if this time falls outside Business Hours (i.e. the period from 9:30 am to 5:00 pm on any Business Day), at 9:30 am on the next Business Day after transmission.
12.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
13. Intellectual property and confidential information
13.1 You acknowledge and agree that Maji owns all intellectual property rights in the Maji Platform. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Maji Platform. We confirm that we have all the rights in relation to the Maji Platform which are necessary to grant all the rights which we purport to grant under, and in accordance with, the terms of this agreement.
13.2 You will not attempt to copy, modify, create derivative works from, download, display, transmit, distribute, reverse engineer or disassemble all or any portion of the Maji Platform. You will not access all or any part of the Maji Platform in order to build a product or service which competes with the Maji Platform. Unless authorised in writing by Us, you will not use the Maji Platform to provide services to third parties other than as expressly envisaged by this agreement
13.3 You undertake that you shall not at any time disclose to any person any confidential information concerning Our business, affairs, customers, clients or suppliers.
13.4 Except as otherwise permitted by this agreement neither party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this agreement, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent
14. Other important terms
14.1 We may transfer Our rights and obligations under these terms to another organisation as part of a transfer of the Maji business or any part of it to that organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the agreement.
14.2 We may need to transfer data to a new service provider in order for you to continue to access the Maji Platform. We will always do so in accordance with our Privacy Policy and further information is available in our Website Terms of Use.
14.3 You may not transfer your rights or your obligations under these terms to another entity.
14.4 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent Us from taking steps against you at a later date.
15. Force majeure
15.1 We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of Our obligations under this agreement if such delay or failure result from events, circumstances or causes beyond Our reasonable control.
16. Entire agreement
16.1 This agreement shall be governed by and construed in accordance with the laws of England and Wales including in respect of any non-contractual obligations. All claims, disputes or other matters in question between the parties related to or arising out of this agreement, including in relation to any non-contractual obligations, shall be subject to the exclusive jurisdiction of the English Courts.
