Capital One CreditWise Terms and Conditions
1. About us
Capital One (Europe) plc is a public limited company registered in England and Wales under company number 3879023. In these terms and conditions, "we", "us" and "our" refers to Capital One (Europe) plc. Our registered office is at Trent House, Station Street, Nottingham, NG2 3HX. We are authorised and regulated by the Financial Conduct Authority with reference number 204440.
2. CreditWise website
We operate the CreditWise website. By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
We may also provide the site and its services in other online formats, including, for example, our mobile app. Where we do so, these terms will apply but reference to the site can be substituted with the online format used.
3. Our Privacy and Cookies Policies
These terms refer to the following additional terms, which also apply to your use of our site:
4. Changes to the terms or the site
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of our site will confirm your acceptance of the amended terms. These terms were most recently updated on 18th December 2018.
We may also update and change our site and the associated services from time to time to, for example, make updates and improvements to the site or to reflect changes to the products or services offered by our site.
5. CreditWise services
When you successfully register through the site and accept these terms we agree as to provide you with the services set out below.
As your agent and representative, we will obtain and provide to you through our site your credit report and credit score from one or more Credit Reference Agencies of our choosing. The site will have various types of functionality relating to your credit information that may change from time to time. We will obtain your updated credit information every month and may let you know when this is available by sending you notification using the contact information provided to us by you. We may also let you know if there have been changes to your credit information that we consider you should know about. At the date of these terms, credit reports and credit scores will be provided by Equifax Limited, whose registered office is at Capital House, 25 Chapel Street, London NW1 5DS.
When we obtain your credit information, the Credit Reference Agency will make a record of our searches that will leave a "footprint" on your credit file. You'll be able to see the search on your file as "CreditWise from Capital One", but it won't show up to other organisations. This means there is no impact to your credit rating.
We will also identify and tell you about credit products from us and our partners through our site or by sending details to the contact information you provide. These credit products may include, but are not limited to, credit cards that we consider may be suitable and that you have a good chance of successfully applying for. In order to assess your suitability we will use your credit information, as well as that of any financial associates you may have (i.e. a person who you applied for joint credit with), obtained from our own quotation tool - see our quotation search terms and conditions. We will let you know in our communications to you if we will receive any commission if you were to make a successful application for suitable credit products we tell you about, when it is applicable.
Automatic pre-application checks
This section only applies if you're enrolled in automatic pre-application checks.
From time to time, we do automatic pre-application checks to see if you're eligible for a Capital One credit card. These checks may happen as often as monthly (sometimes less often, depending on your circumstances). If you don't want the checks to happen, you can tell us to stop.
Automatic pre-application checks run in the background of CreditWise. For the checks, we use the information you give during registration and do a search of your credit file. Then, we apply our own credit-scoring method and make a decision. If you're eligible, we'll let you know (this may be in the CreditWise tool, or by email or SMS using the details we have for you in CreditWise).
The searches we do of your credit file are often known as soft searches. The credit reference agencies record soft searches by putting a mark on your credit file. You'll be able to see soft searches on your credit file, but other lenders won't see them and they won't affect your credit score.
Any credit product suggestions we make are not offers of credit. If you go on to apply for credit, your application is subject to fraud, identity and other checks.
If you've told us (or tell us in future) not to do automatic pre-application checks, then we may still show you how to do a one-off eligibility check. You may get the results from this in CreditWise.
6. Duration of CreditWise services
The use of the site and associated services will continue unless one of the situations set out below or contrary to these terms occurs.
We may withdraw your use of the site and the associated services where you do not use the site for a period of 12 months.
We may suspend or cancel your registration and use of the site and associated services where we consider it reasonable with no notice to you. This may include where you use them in a way not permitted by these terms or for fraudulent purposes and/or if we consider your login details have been compromised.
You may use our site or call us to tell us you no longer wish to use/receive the services.
7. Registration and use of the site and the services
To use our site and the associated services you must first register through the site. Your registration is subject to passing identity and security checks. The checks include asking you questions about your financial history, with your answers being compared to information held by the Credit Reference Agency. We may ask for you to provide us information and documentation to satisfy the checks.
You must be over the age of 18 and live in the UK to use our site and the associated services.
Our site and the associated services are for your personal use only. You must not use it at any time or in any circumstances for individuals other than yourself.
Use of our site and the associated services are made available free of charge.
We do not guarantee that our site, or the associated services, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site and the associated services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, unless the reason for the unavailability is for us to carry out routine maintenance or improvements.
8. Your login information and security
Your right to access our site and the associated services is personal to you. You must not allow any other person to have access to your account on our site or the associated services using your login information. You must keep your login information confidential. We may suspend or cancel your access to the site and the associated services if we consider you have failed to keep your login information secure.
If you know or suspect that anyone other than you know your login information, you must promptly notify us and reset your login information.
9. Intellectual Property
All copyright, trademarks and all other intellectual property rights in our site and the associated services are owned by us.
You may download or print content or information provided on our site as part of the associated services for your own personal use only. You must not use any part of the content on our site for commercial purposes.
You must not modify, adapt, copy, download or post such content or information from our site in any other website or forum.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. Information on the site, links to third party websites and links to our site
The credit information provided on our site is obtained by us from the Credit Reference Agency. As a result, we cannot accept responsibility in relation to the accuracy, completeness or up to date nature of that content on our site. We also have no control or responsibility over third party sites or resources that are linked to on our site.
If you wish to link to or make any use of content on our site, please contact us.
11. Limitation of liability
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 and for fraud or fraudulent misrepresentation.
We will not be responsible for loss or damage unless it is foreseeable, i.e. it results because of our negligence or a breach of these terms.
We are not responsible for viruses or other malicious or technologically harmful material and any content you download from our site is at your own risk. You are responsible for configuring your information technology and you should use your own virus protection software.
Our liability for any loss or damage is limited to £100.
12. Contact us
You can contact us using the different ways set out on our Contact us page.
If you want to make a complaint, you can write to: Capital One (Europe) plc, PO Box 5281, Nottingham, NG2 3FA. Alternatively, you can find details of how to do it by visiting www.capitalone.co.uk. If your complaint is to do with a Credit Reference Agency or the information we have obtained from them, we may direct it to them when it is appropriate to do so.
If you're unhappy with how we have dealt with your complaint, you also have the right to complain to the Financial Ombudsman Service by writing to: The Financial Ombudsman Service, Exchange Tower, London E14 9SR. You can also contact them by telephone on 0800 023 4567 or email at email@example.com. You can find further information by visiting www.financial-ombudsman.org.ukopens in a new window .
You also have the option of using the online dispute resolution (ODR) platform set up by the European Commission to make a complaint. The ODR platform will direct your complaint to the Financial Ombudsman Service, which may mean it takes longer to resolve than if you complain directly to the Financial Ombudsman Service. You can find more information and access the ODR platform at ec.europa.eu/odropens in a new window .
We shall not be liable for any delay or failure to provide the services or perform any obligation under these terms if the delay or failure is caused by circumstances beyond our reasonable control.
These terms do not give any rights to anyone who is not a party to them. You may not assign your rights or obligations in relation to these terms.
If any provision in these terms becomes invalid or unenforceable the validity or enforceability of the other provisions will not be affected.
If there is any delay by us in enforcing any of these terms, this will not be treated as a waiver by us of that or any other provision of these terms.
Communications we provide to you by us by email or posted on our site will constitute legal service in writing and will be deemed received by you the day after it is sent or posted.
This agreement contains the whole agreement between you and us.
These terms and our site are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English and Welsh courts, unless you're a resident of Northern Ireland where you can also bring proceedings in Northern Ireland, and if you're a resident of Scotland you can also bring proceedings in Scotland.