Terms of Use
Effective Date: February 2025
Thank you for taking the time to read our Terms of Use.
1. Agreement to Terms
You agree that by clicking to accept the terms of these Terms of Use during the sign-up process and/or by accessing the Diesta Platform, you have read, understood, and agreed to be bound by these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE DIESTA PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Diesta Limited ("Diesta”, “we, " “us, " or “our”), concerning your access to and use of https://portal.diesta.co.uk as well as any other media form, media channel, mobile web or mobile application related, linked, or otherwise connected thereto (collectively, the “Diesta Platform”) pursuant to the agreement between us and your employer or the party to whom you are providing your services (the “Enterprise Level Agreement”).
These Terms of Use (or any provisions of these Terms of Use) may be supplemented or superseded from time to time by provisions or notices published elsewhere on the Diesta Platform or by the Enterprise-level Agreement. If you have any questions regarding whether your use of the Diesta Platform is in accordance with the Enterprise-level Agreement, we strongly recommend you contact your systems administrator for more information.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any material changes by either notifying you via the Diesta Platform or via email. You waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Use every time you use the Diesta Platform so that you understand which terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Diesta Platform after the date such revised Terms of Use are posted.
2. Intellectual Property Rights
Subject always to the provisions of the Enterprise-level Agreement and your ongoing compliance with the terms of these Terms of Use, Diesta hereby grants to you a limited, non-exclusive, non-sublicensable, non-transferable license to use the Diesta Platform.
You acknowledge that all intellectual property rights in the Diesta Platform throughout the world belong to us, that rights in the Diesta Platform are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Diesta Platform other than the right to use the Diesta Platform in accordance with the terms of these Terms of Use and the terms of the Enterprise-level Agreement. You acknowledge that you have no right to have access to the Diesta Platform in source code form other than as expressly provided in this License.
3. Your Representations
By using the Diesta Platform, you represent and warrant that:
you have the legal capacity and you agree to comply with these Terms of Use;
you are not under the age of 18;
you will not access the Diesta Platform through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Diesta Platform for any illegal or unauthorised purpose; and
any information you provide to Diesta is true, accurate, current and complete.
4. Prohibited Activities
You may not access or use the Diesta Platform for any purpose other than that for which we make it available.
As a user of the Diesta Platform, you agree not to:
Systematically retrieve data or other content from the Diesta Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Diesta Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Diesta Platform and/or the content contained therein.
Do anything unlawful or fraudulent or that has any unlawful or fraudulent purpose or effect.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Diesta Platform.
Use any information obtained from the Diesta Platform in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Diesta Platform in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Diesta Platform.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Diesta Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Diesta Platform.
Engage in any automated use of the Diesta Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, other than data access specifically provided for by the Diesta API.
Delete the copyright or other proprietary rights notice from any content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Diesta Platform or the networks or services connected to the Diesta Platform.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Diesta Platform to you.
Attempt to bypass any measures of the Diesta Platform designed to prevent or restrict access to the Diesta Platform, or any portion of the Diesta Platform.
Copy or adapt the Diesta Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Diesta Platform.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Diesta Platform, or using or launching any unauthorised script or other software.
Make any unauthorised use of the Diesta Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Diesta Platform as part of any effort to compete with us or otherwise use the Diesta Platform and/or the content for any revenue-generating endeavour or commercial enterprise.
5. International Use
The information provided to Diesta is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Diesta Platform from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
6. Open Banking
Diesta Limited is an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information services through Diesta Limited as its agent.
Your use of open banking will also be governed by Plaid’s terms and conditions and Privacy Policy which can be found at https://plaid.com/legal/#consumers.
7. Privacy Policy
By accepting the terms of these Terms of Use, you agree that any personal information you provide to us may be held and used by us to provide our services under the Enterprise Level Agreement and to provide you with access to the Diesta Platform.
For more information on our policies and practices relating to personal data, please see our Privacy Policy.
8. Limitation of Liability
Nothing in these Terms of Use limits or excludes Diesta’s liability for:
death or personal injury caused by its negligence;
fraud or fraudulent misrepresentation; or
any other act, omission, or liability which may not be limited or excluded by applicable law.
Subject to the foregoing, Diesta shall not in any circumstances be liable to you whether in contract, tort (including for negligence), breach of statutory duty (howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise.
Diesta expressly disclaims all implied warranties and conditions including warranties and conditions of satisfactory quality, fitness for a particular purpose and non-infringement relating to the Diesta Platform.
9. Suspension
We may suspend your access to the Diesta Platform should you fail to comply with your obligations under these Terms of Use or any applicable law.
If we suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party until approved by Diesta.
10. Governing Law & Jurisdiction
This agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English and Welsh law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
11. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Diesta Platform or in respect to the Diesta Platform constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. You may not assign any of your rights and obligations without our written consent.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of Diesta.
12. Contact Us
In order to resolve a complaint regarding Diesta or to receive further information regarding use of the Diesta Platform, please contact us at hello@diesta.co.uk.
