End User Terms of Use

Last updated: 15 May 2024


1. AGREEMENT TO TERMS

You agree that by accessing the Diesta Platform, you have read, understood, and agree 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”). 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

In consideration of you agreeing to abide by the terms of these Terms of Use, Diesta hereby grants to you a non-exclusive, 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. 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 unauthorized 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 unauthorized script or other software.
    • Make any unauthorized 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 pretenses.
    • 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 endeavor 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

We care about data privacy and security. Please review our Privacy Policy. By using the Diesta Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Diesta Platform is hosted in the United Kingdom. If you access the Diesta Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Diesta Platform, you are transferring your data to the United Kingdom and you agree to have your data transferred to and processed in the United Kingdom.


8. 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.


9. 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.


10. 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.

11. CONTACT US

In order to resolve a complaint regarding Diesta or to receive further information regarding use of Diesta, please contact us at: hello@diesta.co.uk