LICENSE AGREEMENT
If you agree to this license agreement you may use our logo on your financial promotions.
This page gives you an overview of, in everyday language of the main points the license
covers. The terms you agree to follow this overview, are definitive and take precedence
over anything written in this overview.
1 – We agree to let you use our trademark for one purpose only: for indicating to your
customers where they can get information to help them become more financially capable.
This is as detailed in the rules that the FCA have made and you have to follow regarding risk
warnings when marketing your products and services. We won’t charge you for this use, but
we might ask you at any time to stop using our trademark.
2 – You aren’t allowed to trade off the back of our trademark or use it to raise the value of
your business.
3 – You shall not change or alter our trademark, or create a new work based on our
trademark.
4 - You shall not make unauthorised copies of our trademark.
5 – You shall not display our trademark in a way that is disrespectful, may cause us damage
or use our trademark for any other purpose than that mentioned above.
6 – You shall not use our trademark to say, or imply, that we are working together in some
way, or that we recommend you or your products or services.
7 – If you breach any of these rules, and especially if another organisation claims against us
about how you are using our trademark, you agree to cover all our damages and costs.
MAS RESTRICTED - LICENSING AGREEMENT
TERMS AND CONDITIONS
1.
DEFINITIONS
1.1
Save where the context requires otherwise, the following terms shall have the
following meanings:
“Claim”
has the meaning given to it in section 4.1.
“Electronic
Communication”
means e-mail and electronic facsimile.
“including”
means including without limitation.
“Intellectual
Property”
is intellectual property including any, trade-marks, service marks,
registered design, copyright, design right, any publication right,
extended or revived copyright, internet domain names, rights
protecting goodwill and reputation, or any similar rights exercisable
in any part of the world and shall include any applications for the
registration of any marks, patents or registered designs or similar
registerable rights in any part of the world.
“Laws”
means all laws, statutes, enactments, orders, regulations and similar
instruments, the requirements of any court with relevant jurisdiction
and any local, national or supranational agency, inspectorate,
minister, ministry, official or public or statutory person of the
government of the United Kingdom, the European Union or any other
relevant jurisdiction.
“Licensed Material”
means The Money Advice Service trade mark with community trade
mark registration number EU009695909.
“Party”
means either you or The Money Advice Service, and “Parties” means
both you and The Money Advice Service.
“Terms”
means the terms and conditions stipulated herein, as amended from
time to time.
“Risk Warning”
means text which states: “Warning: Late repayment can cause you
serious
money
problems.
For
help,
go
to
moneyadviceservice.org.uk” that you are obliged to display in any
financial promotion as required by the Consumer Credit
(Designation) Instrument 2013 and any subsequent modifications and
amendments published in the Consumer Credit sourcebook by the
Financial Conduct Authority.
“The Money Advice means The Money Advice Service (a company registered in England
Service” or “we” or with Company Number 07172704) whose registered office is at 120
“our”
Holborn, EC1N 2TD and includes any successors and assignees of The
Money Advice Service.
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK
1.2
Headings are for ease of reference only and shall not affect construction.
1.3
Words importing one gender shall be treated as importing any gender, words importing
individuals shall be treated as importing corporations and vice versa, words importing
the singular shall be treated as importing the plural and vice versa, and words
importing whole shall be treated as including a reference to any part thereof.
1.4
A reference to a statute or a statutory provision is a reference to it as amended,
extended or re-enacted from time to time.
1.5
These terms and condition take precedence over any other document, including the
overview sheet, concerning the content hereof.
2.
LICENSED MATERIAL, LICENSES, OWNERSHIP AND INTELLECTUAL PROPERTY
2.1
You understand and agree that all Intellectual Property rights in the Licensed Material
are the property of The Money Advice Service.
2.2
The Money Advice Service retains all right, title, and interest in and to the Licensed
Material (including all right, title and interest in and to any goodwill subsisting or
residing in the Licensed Material). You shall not acquire any rights to any other
Intellectual Property owned or licensed by The Money Advice Service, whether
pre-existing or subsequently created, unless expressly agreed between the Parties in
writing.
2.3
The Money Advice Service hereby grants you a non-exclusive, limited, revocable,
non-transferable, non-sublicensable and royalty-free licence, to:
2.3.1
display the Licensed Material next to any and all Risk Warnings you publish in
either electronic or tangible format;
2.3.2
solely for the purpose of indicating to your publication users where they can
access financial information and materials to assist them in building their
financial capability.
2.4
For the avoidance of doubt, the Licensed Material is being made available to you free
of charge.
2.5
The Money Advice Service retains the right, without any obligation or prior notice, to
modify, update, withdraw, disable, disconnect or deny access to the Licensed Material
at any time, and may suspend or terminate access indefinitely.
2.6
You agree that any goodwill derived from the use by you of the Licensed Material (if
any) shall accrue to The Money Advice Service. The Money Advice Service may at any
time call for a confirmatory assignment of that goodwill, and you shall immediately
execute it and do all and any other required acts to complete such assignment.
2.7
Your license rights are limited to those expressly granted herein, and The Money
Advice Service reserves all other rights.
2.8
You shall not and shall not allow any third party to:
2.8.1 modify or adapt the Licensed Material;
2.8.2 create derivative works based in whole or in part on the Licensed Material;
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK
2.8.3 make unauthorized copies of the Licensed Material or any part of it;
2.8.4 display the Licensed Material in any context that could reasonably be inferred
to bring The Money Advice Service into disrepute or damage the reputation,
goodwill or brand of The Money Advice Service; or,
2.8.5 do any act that will or may weaken, damage or be detrimental to the Licensed
Material or the reputation or goodwill associated with the Licensed Material or
The Money Advice Service, or that may invalidate or jeopardise any registrable
rights of the Licensed Material; or,
2.8.6 use any of the constituent elements of the Licensed Material for any purpose
outside of the that described in clause 2.3;
2.8.7 display the Licensed Material:
2.8.7.1 in a context from which it may be reasonably inferred that The Money
Advice Service is promoting or recommending:
2.8.7.1.1 any of your, or any third party’s financial products or
services; or,
2.8.7.1.2 that a person take a specific course of action including, but
not limited to, the purchase of any financial service or
product. For the avoidance of doubt, the Licensed Material
may not be displayed in such a way such that a person could
infer that The Money Advice Service is recommending that
they undertake any action and that by taking such action the
person shall remedy any specific financial concern or
problem that he has, or believes he has.
2.8.8 apply for or obtain registration of any registerable rights to the Licensed
Material for any goods or services in any country; or,
2.8.9 reproduce the Licensed Material for direct or indirect financial gain; or,
2.8.10 apply for or obtain registration of any trade or service mark in any country
which consists of, or comprises, or is confusingly similar to the Licensed
Material.
2.10 You shall refrain from all activities that may, by operation of law or equity expand the
limited license in sections 2.3, or infer or give the impression that the license is larger
than the limits stated therein.
2.11 You shall fully and promptly comply with all instructions of The Money Advice Service
regarding the use and display of the Licensed Material, including instructions to
remove Licensed Material from, or amend the way in which Licensed Material is
presented in your publications at any time.
3.
WARRANTIES AND REPRESENTATIONS
3.1 You warrant and represent that you have full capacity, authority and all necessary
consents to enter into these Terms, and that, where applicable, the Terms are
accepted by your duly authorised representative.
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK
3.2
The Money Advice Service provides no warranty of any kind, express or implied with
regard to the Licensed Material.
3.3 You warrant and represent that:
3.3.1 you will refrain from all activities that actually, or could reasonably be
predicted and inferred to cause any form of reputational damage to The Money
Advice Service; and,
3.3.2 you will not represent yourself, or any of your financial products or services as
being recommended by The Money Advice Service, a representative or agent
thereof or as being engaged in any form partnership or joint venture with The
Money Advice Service.
4.
INDEMNITIES
4.1
You agree to indemnify and hold The Money Advice Service harmless against all
liabilities, costs, expenses, damages and losses (including any direct, indirect or
consequential losses, loss of profit, loss of reputation and all interest, penalties and
legal and other reasonable professional costs and expenses) (each a “Claim”) suffered
or incurred by The Money Advice Service arising out of or in connection with your
exercise of your rights under these Terms or any breach by you of these Terms,
including the following:
4.1.2 any Claim arising out of, or in connection with any breach of any warranty in
these Terms; and,
4.1.3 any Claim arising out of, or in connection with any breach or alleged breach of
any applicable Law, including, but not limited to, the Consumer Credit Act 1974
and all secondary legislation issued thereunder.
5.
FREEDOM OF INFORMATION
5.1
The Licensee acknowledges that The Money Advice Service may become subject to the
Freedom of Information Act 2000 (“FOIA”) and the Environmental Information
Regulations 2004 (or such changes or additions to legislation which may be new or
replace the foregoing from time to time), in which case the remainder of this section
shall apply. The Licensee shall assist and co-operate with The Money Advice Service
(at The Money Advice Service’s expense) to enable The Money Advice Service to
comply with these information disclosure requirements in relation to disclosure
requests relating to these Terms.
5.2
Upon receiving any request for information from The Money Advice Service or any
relevant statutory authority, you shall transfer all requested information to The Money
Advice Service as soon as practicable after receipt and in any event within any
reasonable time period specified by The Money Advice Service
and provide all
necessary assistance as reasonably requested by The Money Advice Service to enable
The Money Advice Service to respond to a request for information within the time for
compliance set out in section 10 of the FOIA or regulation 5 of the Environmental
Information Regulations 2004.
5.3
The Money Advice Service shall be responsible for determining at its absolute
discretion whether the information:
5.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or the
Environmental Information Regulations 2004; or
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK
5.3.2 is to be disclosed in response to a request for information, and in no event shall
the Licensee respond directly to a request for information from a third party
unless expressly authorised to do so by The Money Advice Service.
5.4
The Licensee shall ensure that all information produced in the course of this
Agreement or relating to these Terms is retained for disclosure and shall permit The
Money Advice Service to inspect such records as requested from time to time.
6.
LIMITATION OF LIABILITY
6.1
Save for damages flowing from a breach by you of any part of section 2, and your
liability under any indemnity in these Terms, neither Party will be liable for any:
6.1.1 lost data; or
6.1.2 lost profits; or
6.1.3 business interruption damage or liability; or
6.1.5 indirect, special, incidental or consequential damages (including loss of profits)
of any kind.
6.3
Nothing in these Terms shall limit, or be interpreted as limiting either Party’s liability
for death, personal injury or fraudulent misrepresentation, or any other liability which
cannot be excluded or limited under applicable Law.
8.
GENERAL
8.1
You may not assign or transfer, in whole or in part these Terms without the prior
approval of The Money Advice Service.
8.2
We may at any time and without your consent assign or transfer the whole or any part
of our rights or obligations under these Terms, provided that we shall notify you as
soon as possible after any such dealing.
8.3
Each Party confirms that it is acting on its own behalf and not for the benefit of any
other person.
8.4
A person who is not a Party to these Terms cannot enforce, or enjoy the benefit of, any
provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.
8.5
The failure of either Party to enforce any provision of these Terms shall not be
construed as a waiver or limitation of that Party’s right to subsequently enforce and
compel strict compliance with every provision of these Terms.
8.6
These Terms set forth the entire understanding between the Parties and supersede all
prior agreements, arrangements and communications, whether oral or written, with
respect to the subject matter hereof.
8.7
The Terms may be modified or amended by us from time to time.
8.8
If any provision of these Terms shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of these Terms is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK
8.9
Without prejudice to any other rights or remedies that we may have, you acknowledge
and agree that damages alone would not be an adequate remedy for any breach of the
provisions of these Terms by you. Accordingly, we shall be entitled, without proof of
special damages, to the remedies of injunction, specific performance or equitable
relief for any threatened or actual breach of any provisions of these Terms.
8.10 These Terms shall for all purposes be governed and construed in accordance with the
laws of England and Wales, and the Parties hereto irrevocably submit to the exclusive
jurisdiction of the English Courts.
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MONEY ADVICE SERVICE LICENSE AGREEMENT FOR USE OF MARK