We recommend reading these terms before using Sustainably

Sustainably is our app and the services we provide you. We help you give to causes and increase your impact with match donations from your employer and the places you shop.

It’s free for individuals to sign up and use Sustainably. We use a regulated payments firm called Stripe to collect donations. If you want to change the world every time you shop, you can round up your spending by securely connecting your bank account with TrueLayer.

Some of the things we do are regulated by the Financial Conduct Authority but using Sustainably to make donations is not.

None of our services are covered by the Financial Services Compensation Scheme.

We hope that you love using Sustainably but if you don’t you can stop using it at any time by cancelling your account.

Who we are and what these terms do?

We are Sustainably Ltd. We are a company registered in Scotland, company number SC521865. Our registered address is at Bright Red Triangle, 10 Colinton Road, Edinburgh EH10 5DT.

Round Ups require access to account information from your bank and Sustainably (FRN:827631) is acting as an agent of TrueLayer who is providing the regulated Account Information Service and who is authorised by the FCA as an Authorised Payment institution (reference number: 901096). You can check this information on the Financial Services Register. These terms set out the basis on which you can use Sustainably (by which we mean our website and any mobile application), our services, and the content provided to you.  

How to tell us about problems

Contacting us (including with complaints).

If you think something has gone wrong, or wish to contact us for any other reason you can contact us through Sustainably, write to us at our registered address or email us at support@sustainably.co.

If you have a complaint, we will provide you with a final response within 15 business days. With specific reference to complaints in relation to Account Information Services (AIS)  provided by TrueLayer, you can contact TrueLayer directly because they are our Principal provider of AIS. However, the easiest way to manage this is to contact us and we will contact TrueLayer on your behalf.

If we, or TrueLayer are unable to resolve your complaint satisfactorily, you can refer your complaint to the Financial Ombudsman Service. For more details you can visit their website at www.financial-ombudsman.org.uk.

How we will communicate with you.

If we need to contact you, we will do so by email. All communications between us will be in English.

About you

Age: You must be 18 or over to use Sustainably.

Where you live: Sustainably is currently only available in the United Kingdom.

Gift aid: If you want to add Gift Aid to your donations, you must be a UK taxpayer and complete the Gift Aid declaration within Sustainably.

Updates to Sustainably and changes to our services

We may update Sustainably and change our services to improve performance, enhance functionality, or address security issues.

We are not responsible for charity content and other websites you link to.

Sustainably includes content from our charity, employer, and retail partners and may contain links to their websites. Those sites are not under our control. We are not responsible for the content they produce or their privacy policies (if any).

Acceptable use restrictions

You must not:

• use Sustainably for unlawful purposes, fraudulently or maliciously;

• use Sustainably to send any material that is defamatory, offensive or otherwise objectionable;

• disassemble or attempt to reverse engineer our software, except as permitted by law and provided you do not attempt to create any software that is substantially like the app;

• attempt to hack into, or insert malicious code (such as viruses) into, the app or our servers or connected databases;

• use Sustainably in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

• infringe our intellectual property rights or those of any third party using the app; or

• collect information or data from our systems or attempt to decipher any transmissions to or from the servers running our services.

Intellectual property rights

Our rights – All intellectual property rights in the app and the services belong to us. Sustainably is a registered trademark in the UK and USA.

TrueLayer’s rights – All intellectual property rights in the TrueLayer service belong to TrueLayer Limited.

Third party content – All intellectual property rights to third party content provided by a charity, employer, or retailer belongs to the organisation or business producing that content.

You have no intellectual property rights in, or to, Sustainably, the services, the TrueLayer service, or any third-party content, other than the right to use them in accordance with these terms.

Round Ups

To use Round Ups on Sustainably you must enter into an agreement with TrueLayer. They provide account information services. Their address is 1 Hardwick Street, Islington, London, United Kingdom, EC1R 4RB.

TrueLayer is a secure FCA authorised service that acts as a messenger between Sustainably and your bank. Through TrueLayer’s interface, you can securely provide your explicit consent to enable Sustainably ‘read-only’ access to information about your bank account and your transaction spending. TrueLayer will provide information to you through Sustainably and enable us to calculate your Round Ups. TrueLayer gets ‘read only’ access to your account and uses bank grade encryption to enable access to your account. They will never share your data with anyone apart from the company you have authorised.

After 90 days , you must renew your consent for TrueLayer to keep working. You can withdraw (or fail to renew) your consent at any time, but we will no longer be able to provide Round Ups if you do. Pausing Round Ups will not cancel your account.

Donations

We use secure payment platform Stripe to process payments from your registered debit or credit card. Instant and regular donations will be taken on the day when they are made or scheduled. Round Up donations will be processed when they reach a total of £5.00 and this will be done on a rolling basis every time your Round Ups reach £5.00 up to your maximum monthly limit.

Round Ups are automated calculations based upon your transaction information and are not tied to individual purchases. We will process a Round Up even if you later return the item which you purchased or get a refund. However, you can manage your donations through Sustainably and pause donations at any time.

Our liability if something goes wrong

We are responsible to you for foreseeable loss caused by us. If we fail to comply with these terms, we are responsible for loss you suffer if it is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

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 fraud or fraudulent misrepresentation.

We are not liable for business losses. Sustainably is for personal use. If you use Sustainably for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to Sustainably and the services. We do not guarantee that Sustainably, or any content on it, will always be available or free from bugs, errors or omissions. Although we make reasonable efforts to update the information provided, we make no representations that such information is accurate, complete or up to date.

We are not responsible for events outside our control. If our ability to perform the services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

We are not responsible for charities’ actions. We take care to only list registered charities, but we have no control over their actions and have no liability for what they do or do not do.

You may cancel your account at any time

If you want to stop using Sustainably you can tell us at any time by emailing support@sustainably.co. Please see our data privacy notice for what happens to your data after you stop using Sustainably.

We may cancel your account if you break these terms

We may end your right to use Sustainably at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

Changes to these terms

We may need to change these terms to reflect changes in law, best practice or to deal with additional features which we introduce.

If we make changes that are clearly in your favour, or really don’t matter, we will tell you once we have made them. If the changes relate to the terms on which you receive account information services from TrueLayer, we will give you at least two months’ notice. Otherwise we will give you at least 30 days’ notice of any change.

If you don’t agree to the changes, you can let us know and we will cancel your account.

General

We may transfer this agreement to someone else. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.  No rights for third parties – This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Even if we delay in enforcing this contract, we can still enforce it later

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 breaking this contract, that does not mean that you do not have to do those things.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by Scottish law and you can always bring legal proceedings in respect of our services in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the products in either the English or the Scottish courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Version 1.2

These terms were last updated on 4 February 2021.