Terms of Service
Introduction
This document, along with our Privacy Policy (collectively referred to as the “Terms”), outlines the general terms and conditions that govern our relationship and specifies the rights and obligations of each party in this context. The Terms provide essential information about our identity and establish the manner in which we will deliver products or services (“Products and Services”) to you.
Our Products and Services are offered to you on a non-advised basis. This means that FOAM will not provide you with any advice or recommendations regarding whether or how you should use our Products and Services. You are entirely responsible for any decisions you make in this regard.
These Terms govern your use of FOAM’s service, which is designed to consolidate all your assets in one place, enabling you to efficiently track and manage your asset portfolio (“the Service”). This may involve FOAM collaborating with other service providers, who are also bound by these Terms.
You must accept these Terms to use any of our Products and Services. Please read them thoroughly and ensure you understand them before proceeding with registration. We reserve the right to modify these Terms periodically. The most current version of the Terms can be accessed on our website at [https://foam-ventures.com/terms-of-service](https://foam-ventures.com/terms-of-service), or you may request a copy at any time.
Please note that these Terms are general in nature and do not apply specifically to any individual Product or Service. Each of our Products and Services may be governed by additional, specific terms that you will need to agree to, and which may override these general Terms.
FOAM Website and App
You can access extensive information about us and our Products and Services on our website, https://foam-ventures.com (“the Site”).
We also offer a mobile application (“App”) available for download on your mobile device. All Products and Services are delivered exclusively through the App, meaning you must install the App to access them.
The use of both the Site and the App is governed by our Terms of Website Use, which are available on the Site. Please take the time to review these terms carefully. The Site and associated mobile applications enable you to consolidate all your non-bankable assets in one place, helping you efficiently track and manage your asset portfolio (“the Service”).
The Service is provided by FOAM Ventures Limited, a company registered in England and Wales (company number 15774266), with its registered office at Tavistock House South Entrance D, Tavistock Square, London, United Kingdom, WC1H 9LG (“we”, “us”, “our”, or “FOAM”). We are registered with the Information Commissioner’s Office (No. xxxx).
If you have any questions or require clarification, please contact us by email at [email protected] or by post to the Chief Executive Officer at our registered address provided above.
The Service Agreement
These terms of use constitute a legally binding agreement between you and us regarding the Service (“the Agreement”). The Agreement outlines the conditions under which we will provide the Service, which is available to individuals (“you”, “your”, “user”) whose registration application we approve. This Agreement applies to you whether you are accessing the Service through our website or other means. If you wish to become a user, you must accept these terms as part of the registration process. Please read this Agreement carefully. We may engage third parties to assist in providing the Service to you, as detailed in these terms and our Privacy Policy.
This Agreement becomes effective on the date we notify you that your registration application for the Service has been approved. The Service will remain available for your use, subject to any cancellation or termination rights outlined below (“Term”).
You have the right to cancel this Agreement within 14 days, starting from the day after you enter into it (“Statutory Cancellation Period”). If you cancel the Agreement during this period, any related agreements you entered into during the Statutory Cancellation Period will also be automatically cancelled. To exercise your right to cancel, you must notify us by email at [email protected].
The information provided through the Service is intended solely for use by individuals. The Service is not intended for distribution to, or use by, any person or entity in jurisdictions where such distribution or use would violate local laws, regulations, or rules.
This Agreement is drafted in the English language, and all communications (including notices or information transmitted) will be in English. If the Agreement is translated into another language (for your convenience or otherwise), the English version shall take precedence.
Before agreeing to this Agreement, you should carefully read both this document and the Privacy Policy. We recommend downloading and retaining a copy for your records.
Service Overview
The Service enables you to consolidate all your assets in one place, facilitating efficient tracking and management of your asset portfolio (“the Service”). Based on this functionality, the Service may provide you with information about products or additional services offered by third-party partners.
To be eligible to use the Service, you must be at least 18 years old.
Users are not permitted to register multiple times on the Service App or register on behalf of another individual without their explicit consent.
We are committed to providing the Service with a reasonable standard of expertise and care, in compliance with all applicable laws and regulations (“Applicable Law”). These measures are implemented to ensure adherence to the relevant legal requirements.
We will make every reasonable effort to ensure the Service is available 24/7, except during scheduled or emergency maintenance periods. However, please be aware that access to the Service is not guaranteed:
- We may occasionally remove or modify any content or services provided without prior notice. This allows us the flexibility to make necessary updates or changes as needed.
- We cannot be held responsible if the Service or any specific content becomes unavailable for any reason, at any time. While we strive to maintain uninterrupted access, temporary unavailability may occur, and we cannot guarantee continuous operation.
- From time to time, we may restrict access to certain parts of the Service, or the entire Service, including for registered users.
Premium Services
We offer enhanced features and functionality (“Premium Services”) for a subscription fee (“Subscription Fee”). If you choose to upgrade to Premium Services, you will be charged according to the payment page, your selected subscription plan, and your chosen payment method (“Payment Method”). All Subscription Fees are payable in advance and will be automatically billed to your Payment Method at the start of the applicable monthly, annual, or relevant billing period. Unless specified as a one-time fee, your subscription will automatically renew until you cancel it.
The renewal Subscription Fees will generally remain the same as the initial charges unless you are notified otherwise in advance. By using the Service, you authorize FOAM to charge your designated Payment Method for the applicable Subscription Fees, as well as any additional purchases you make through the Service. We reserve the right to modify membership fees or introduce new fees, provided we give reasonable advance notice by posting such changes on the Service. If you switch from a monthly to an annual membership, the annual rates will apply from the start of the next billing cycle. Upgrading your membership or adding new service categories to your account may result in a new billing date, effective from the date of the upgrade or addition. Please note that all purchases are final, and no refunds will be issued for unused portions of your initial or renewed membership period.
Regardless of your subscription plan, you may cancel your subscription at any time by providing notice. However, no refunds will be provided for any unused portion of the Premium Service, except during the Statutory Cancellation Period. For example, if you cancel a monthly subscription, your access will continue until the end of the current billing cycle, and no refund will be issued for that month. Similarly, if you cancel an annual subscription, your access will continue until the end of the annual term, and no refund will be issued for the remaining period. If a Statutory Cancellation Period applies, it will begin on the day you enter into the Agreement. During this period, you may cancel your subscription and receive a full refund for the Premium Service.
To maintain access to the Premium Services, you must fulfil your payment obligations by paying the relevant Subscription Fee. If we are unable to process your payment, we reserve the right to suspend your access to the Premium Service until the outstanding payment is made. Once payment is received, your access will be reinstated.
From time to time, we or third parties acting on our behalf may offer trials of Premium Services for a specified duration (“Trial Period”). These trials may be provided free of charge or at a discounted rate. We reserve the right to determine your eligibility for a trial and to withdraw or modify a trial at any time without prior notice and without liability, to the extent permitted by applicable law.
To start a trial, we may require your payment details. By providing this information, you consent to us automatically charging your Payment Method for the Premium Services on the day after the Trial Period ends. These charges will recur monthly or at the interval disclosed to you in advance.
If you do not wish to continue with the Premium Services, you must cancel them through the relevant app store for your mobile operating system before the Trial Period ends. FOAM is not obligated to provide advance notice of the Trial Period’s expiration, and it is your responsibility to cancel before the Trial Period concludes. Once the Trial Period ends, you must cancel your account to avoid charges.
We may generate aggregated market research by removing personally identifiable information. This anonymized data may be sold or used to provide further insights into our business operations. Additionally, we may earn fees or commissions from our partners based on your use of their services or products. The Service is designed to assist you in organizing, managing, and identifying opportunities related to your asset portfolio.
General Information NOT Financial Advice
Please be aware that the content provided within our Service, including contributions, articles, commentary, charts, data visualizations, and other materials (“Content”), is intended solely for general informational purposes. The information offered through our Service is purely informational and should not be interpreted as advice or personal recommendations. We are not authorized to provide advice under the Financial Services and Markets Act 2000. This Content is not intended to serve as financial, legal, or other professional advice. You should not rely exclusively on the Content within our Service as the sole basis for making financial or asset investment decisions. If you have any uncertainties or require clarification, we strongly recommend seeking professional advice from qualified individuals who can offer personalized guidance tailored to your specific needs and circumstances.
If you choose to share this information with your accountant, financial advisor, or other professionals, please note that their services are independent of ours. We are not responsible for how they use the information or any advice they provide based on it. It is always advisable to consult qualified professionals who can take into account your individual requirements and circumstances.
Privacy Policy
We manage your information in line with our Privacy Policy. By using the Service, you agree to the processing of your personal data as described in the Privacy Policy. Additionally, you confirm that all data you provide is accurate and current.
Our Privacy Policy adheres to the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and other applicable laws and regulations governing the use and processing of personal data by entities operating in the UK (“Data Protection Laws”). It provides detailed information about the personal data we collect, the purposes for which we process it, and the legal grounds for such processing.
Use of the Service
Your right to access and use the Service is personal to you and cannot be transferred to any other individual or entity. You agree to provide us with accurate information and not to misrepresent your identity or any user details. You are only permitted to access and use the Service for lawful purposes.
For the purposes of this Agreement, and solely to provide account aggregation and portfolio analytics as part of the Service, you grant us a limited power of attorney to access third-party sites, retrieve, and use your information with the full authority to perform all necessary actions related to these activities, as if you were doing so yourself. You acknowledge and agree that when we access and retrieve account information from third-party sites, we act as your agent, not as an agent of, or on behalf of, the third party whose site we are accessing. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
By submitting permissions, personal information, data, passwords, usernames, PINs, login credentials, materials, or other content to us through the Service, you are licensing that content to us for the purpose of providing the Service and for use in accordance with our Privacy Policy.
Prohibited Usage
You agree to use our Service lawfully and in compliance with the following restrictions. You must not:
- Use the Service in any manner that violates any applicable local, national, or international law or regulation, or in any way that is unlawful, fraudulent, or has an unlawful or fraudulent purpose or effect.
- Use the Service to harm or attempt to harm any individual in any way, or to send, knowingly receive, upload, download, use, or reuse any material that is defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, promotes violence, or discriminates based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Use the Service to transmit, knowingly receive, upload, download, use, or reuse any material that infringes on intellectual property rights, including but not limited to copyright, trademarks, patents, moral rights, design rights, registered designs, service marks, domain names, unregistered designs, or any other intellectual property right (“Intellectual Property Right”) of any person, regardless of location.
- Use the Service to send, knowingly receive, upload, download, use, or reuse any material that includes the private information of a third party, such as addresses, phone numbers, email addresses, National Insurance numbers, credit card numbers, debit card numbers, or other identifiers. Additionally, you must not engage in activities that are likely to deceive, violate legal duties owed to third parties (including contractual or confidentiality obligations), promote illegal activities, threaten, abuse, invade privacy, cause annoyance, inconvenience, undue anxiety, harass, upset, impersonate, misrepresent identity or affiliation, create the impression of originating from us, or advocate, promote, or assist in unlawful acts such as copyright infringement or computer misuse.
- Transmit or facilitate the transmission of any unsolicited or unauthorized advertising, promotional materials, or similar solicitations (spam). You must not harvest or collect email addresses, financial information, personal details, or contact information of other Service users for the purpose of sending unsolicited communications. Furthermore, you must not impersonate any person or entity, or provide false information or misrepresentations regarding your identity, age, financial situation, employment status, personal circumstances, or affiliation with any person or entity.
Malicious Content
You agree not to misuse or abuse the Service, and you must refrain from the following actions:
- Use or attempt to use another person’s account, service, or system without authorization from us. Do not create a false identity in connection with the Service. It is strictly prohibited to solicit personal information from individuals under the age of 18 or to request passwords or personally identifying information from anyone.
- Access, store, distribute, or transmit any inappropriate, harmful, or unlawful content while using the Service or Site.
- Use the Service to intentionally introduce viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful material that could damage, disrupt, or compromise computer software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Service, its servers, or any connected server, computer, or database.
- Attack the Service through denial-of-service or distributed denial-of-service attacks, or engage in any other unlawful activity that could damage, disable, overload, or impair the Service, the Site, or their hosting servers.
- Access or use any part of the Service or Site to develop a product or service that competes with the Service or Site.
- Attempt to obtain unauthorized access to the Service or Site, or assist others in doing so, except as explicitly permitted under this Agreement.
- Exploit any known vulnerabilities in the Service or Site.
Violating these provisions constitutes a criminal offense under the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities, and we will cooperate fully by disclosing your identity. If you breach these terms, your right to use the Service will be terminated immediately.
We will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material as a result of your use of the Service, your downloading of any material posted on it, or your use of any linked website.
External Parties
To deliver the Service, we may engage various external service providers, including 3rd tech companies that enhance the functionality of the Service. These providers are referred to as (“3rd Party Service Providers”). By accessing and using the Service, you grant us and our 3rd Party Service Providers a non-exclusive, royalty-free, worldwide license to use the information, materials, data, and other content you submit through the Service (“Content”). This license allows us and our 3rd Party Service Providers to use, modify, display, distribute, and create derivative works based on the Content solely for the purpose of providing the Service to you.
The Service may include links to websites and integrated functionalities offered by 3rd Party Service Providers. The use of such 3rd Party products or services is subject to the terms and conditions set by the respective providers. It is important to note that we do not control the operations of 3rd Party products and services. As a result, we disclaim any responsibility or liability for the products and services provided by these 3rd Parties.
Connected Accounts
As part of the Service, you may choose to connect your FOAM account to 3rd party (“Third Party Accounts”) held and managed by external 3rd party providers. If this connector is available as part of the Service, it may allow us to access and retrieve data from those accounts to display relevant details within the Service.
By connecting 3rd party accounts through the Service, you grant us and our Data Service Providers ongoing authorization (unless and until you deactivate the connection) to access the respective third-party source on your behalf and as your agent. This authorization permits us to retrieve the information you request or any other data available from the Third Party Account. Please note that the institution providing the Third Party Account(s) may rely on this authorization, and the Service may not be endorsed or sponsored by any Third Party Account provider.
FOAM is not responsible for the accuracy of the data received from Third Party Accounts. It is your responsibility to verify that the data remains accurate. If you decide not to link a Third Party Account, you will no longer receive updates from that account (such as real-time valuations), which may impact certain functionalities of the Service. FOAM is not liable for any inaccuracies resulting from unavailable or outdated data caused by your decision to disconnect a Third Party Account.
Marketing and Advertising
Certain sections of the Service may include links from advertisers, which may be personalized based on information stored within the Service or queries you make through it. We want to emphasize that advertisements will always be clearly identified and not concealed within the Service.
However, we do not endorse, warrant, or guarantee any products or services promoted through these links. We cannot ensure that the terms, rates, or rewards presented by an advertiser for loans, investments, accounts, or other services will be the exact terms offered to you if you choose to proceed. Furthermore, we do not guarantee that these terms represent the best available options or the lowest rates in the market.
User Details
You must notify us if any of your user details, including personal information, change. This includes your home address, email and mobile number. Failure to do so may prevent us from providing you with alerts or notifications and could affect your ability to access the Service if we are unable to verify your details.
To update your information or address security concerns, contact us at [email protected].
For more details on how your User Information is managed, please refer to our Privacy Policy.
Notifications
All required notifications will be delivered electronically to the email address you provide. You will receive notifications in the event of any significant changes to the Service, its Terms, or Policies.
The Service provides alerts related to your account activity, which you can customize, disable, or reactivate based on your preferences. These alerts allow you to receive personalized messages regarding your accounts. We may introduce new alerts periodically or discontinue certain alerts at our discretion.
Alerts will be sent to the primary email address you have provided. Additionally, you may choose to receive alerts on your mobile device. These alerts may include account-related information, such as your account balance or upcoming credit card payment due dates. Please note that anyone with access to your email or linked mobile device may be able to view the content of these alerts.
Posting on Social Media
As part of the Service, users may post content on blogs and other publicly accessible areas. By submitting content, you confirm that you have the necessary rights and grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, modify, display, and perform the content for purposes such as promoting and redistributing the Service. Additionally, users are granted a non-exclusive license to access and use the posted content through the Service.
When posting content, you must not engage in activities such as libel, defamation, invasion of privacy, indecency, obscenity, harassment, threats, hate speech, or any racially or ethnically offensive material. You are also prohibited from violating the intellectual property rights of others, including the unauthorized use of copyrighted text, images, software, trade secrets, confidential information, trademarks, or service marks.
Disrupting the use of the Service by others is strictly prohibited. This includes interfering with discussions, deleting or modifying content posted by others, or taking actions that negatively impact the availability or functionality of the Service.
Unless expressly allowed, you may not post or transmit charity requests, petitions, business opportunities, club memberships, chain letters, pyramid schemes, advertisements, promotional materials, or any other solicitations, except in specifically designated areas where such posts are permitted.
Any employment or business relationships formed through interactions on the Service are strictly between you and the other party, with no involvement or responsibility on our part. Using another user’s personal or business contact details without their consent is prohibited, as is sending unsolicited communications obtained through the Service.
We reserve the right to edit or remove content for clarity, compliance, or any other reason we deem necessary.
Intellectual Property
The content on our website at https://foam-ventures.com (“the Website”), including visual elements such as text, graphics, images, logos, button icons, photographs, editorial content, notices, software, and other materials, is protected by copyright, trademark, and other applicable laws. We either own or hold the necessary licenses for all intellectual property rights in the Service (“FOAM Content”) and the material published on it. Subject to these terms, we grant you the right to access and use the Service.
During the Term, we grant you a non-exclusive, non-transferable, revocable license within the UK to print and download extracts of the FOAM Content for personal or internal business purposes, in accordance with this Agreement. This license is limited to your use and must not benefit any other person or entity. Commercial use or exploitation of the content is prohibited. When printing or downloading materials, you must not alter them in any way, and you must not separate any illustrations, photographs, video or audio sequences, or graphics from their accompanying text. You must always acknowledge our status (and that of any identified contributors) as the authors of the material on our Site.
When you post or upload User Content to the Service (“User Content”), you authorize us to make necessary copies for the publication, display, and storage of the User Content in connection with the Service or on the Site. By posting User Content, you grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute the User Content for any purpose related to the Service or its promotion. This includes the right to create derivative works or incorporate the User Content into other works, and to grant sublicenses of the aforementioned rights. You may remove your User Content from the Service, subject to the terms outlined in this section. If you choose to remove your User Content, the granted license will automatically expire. However, we may retain archived copies of your User Content.
You are not permitted to create a database using material obtained from the Service, except where explicitly allowed under this Agreement. The use of automated scripts to collect Content or interact with the Service or Site is prohibited. You must not transmit, redistribute, copy, or commercially exploit the Content without our prior written consent. Additionally, you must not make the Content accessible through databases or other applications for resale, sub-licensing, transfer, or disclosure, whether electronically or otherwise. Combining the Content with other information or adapting it, in whole or in part, is also prohibited. Furthermore, you must not use the Service to promote goods or services for personal financial gain. For a full understanding of these restrictions and limitations, please review the complete agreement.
Indemnification
If you engage in any actions that violate this agreement, you will be responsible for any resulting claims, losses, damages, expenses, and costs, including legal fees. You agree to indemnify us, meaning you will compensate us for any harm or liability we incur due to your use of the Service, your violation of the agreement, or any infringement on the rights of third parties. However, this indemnification does not obligate us to take similar actions. This clause is a general interpretation, and you should review the full agreement for a complete understanding of the terms and conditions.
Availability of Service
Please be informed that your access to and use of the Service may occasionally be interrupted due to various factors, including equipment malfunctions, system updates, maintenance, repairs, or any other actions we choose to undertake at our sole discretion.
You hereby acknowledge and agree that alerts provided through the Service may be delayed or disrupted by multiple factors. While we will make reasonable efforts to deliver alerts promptly and accurately, we do not guarantee their timeliness or accuracy. Additionally, we are not liable for any delays, failures, or misdirected deliveries of alerts, any errors in their content, or any actions or decisions made by you or others based on the information contained in an alert. For a complete understanding of the terms regarding interruptions, alerts, and liabilities, please refer to the full agreement.
Disclaimer of Representations and Warranties
The content, services, and products associated with or provided through the Service are offered on an “as-is” and “as available” basis. We make no representations or warranties, whether express or implied, regarding the content, functionality, or operation of the Service. We do not guarantee the accuracy, reliability, or completeness of the Service’s content, and we expressly disclaim any warranties of non-infringement or fitness for a particular purpose. Furthermore, we do not represent, warrant, or guarantee that the content available through the Service is free from viruses, malware, or other harmful code or computer programming routines that may have contaminating or destructive properties. We also do not guarantee that such code is not intended to damage, intercept, or expropriate any system, data, or personal information in a surreptitious manner.
Lodging Complaints
If you have a complaint regarding any service provided by FOAM, please contact us via email at [email protected], through the in-app chat, or by writing directly to the Chief Executive Officer, FOAM Ventures Limited, 71-75 Shelton Street, London, England, WC2H 9JQ. In your complaint, please outline the issue and the resolution you seek.
We are committed to addressing all concerns and will make every effort to respond within a reasonable timeframe. Our aim is to provide a reply within 15 Business Days from the date we receive your complaint, using a durable format that allows you to store the response for future reference. In exceptional cases beyond our control, if we are unable to meet this deadline, we will send a holding reply explaining the reason for the delay and specifying a new timeline for resolution. Under no circumstances will the process exceed 35 Business Days in total.
If your complaint relates to how we store or process your personal information, you also have the option to contact the Information Commissioner’s Office. However, we would appreciate the opportunity to address your concerns first.
For complaints regarding financial service products (such as banking, insurance, mortgages, pensions, savings and investments, credit cards, store cards, loans, hire purchase, or financial advice) where FOAM was involved in either selling or introducing you to the product, and neither we nor any associated third party (e.g., product provider or intermediary) can resolve your complaint within 8 weeks, you may escalate your complaint to the Financial Ombudsman Service at:
The Financial Ombudsman Service
Exchange Tower, Harbour Exchange Square
London, E14 9SR, United Kingdom
Limitation of Liability
Each party is accountable for its own breach of contract, negligence, or wilful misconduct. You acknowledge that the Service operates within constraints and limitations imposed by regulatory authorities and applicable laws, and our ability to provide the Service depends on essential components supplied by Third-Party Service Providers, over which we have no control.
Unless otherwise stated, neither party shall be liable to the other for indirect or consequential losses or damages, including but not limited to loss of profits, opportunity, business, reputation, data, goodwill, or contracts, arising from negligence, breach of contract, or any other cause of action related to this Agreement. Our total liability for any damages or losses you incur under this Agreement within a 12-month period shall not exceed the total fees paid by you in the preceding 12 months (or a shorter period if 12 months have not yet passed) prior to the cause of action arising.
We make no representations or warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement, unless explicitly stated in this Agreement. We do not guarantee that the Service will be available without interruption, operate error-free, or that any errors, omissions, or misplacements in any software will be corrected.
Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control. The affected party must promptly notify the other party in writing of the occurrence and cessation of such circumstances.
You are solely responsible for the results obtained from your use of the Service and any conclusions drawn from such use. We shall not be liable for any damage caused by errors or omissions in any Content, instructions, or scripts provided to us by you or any third party in connection with the Service.
Modifications to the Agreement
We reserve the right to amend this Agreement from time to time. Changes may be made by updating the page at https://foam-ventures.com/terms-of-service or by notifying you through the Service or via email. The Agreement will always display the date of the most recent revision. The updated terms, including any modifications, will become effective two months after the notice is provided, unless otherwise stated.
By continuing to use the Service after any changes are posted, you are deemed to have accepted and agreed to be bound by the revised terms. Please note that certain provisions of this Agreement may be superseded by provisions or notices published elsewhere on our Site.
We will only make changes to the Agreement under the following circumstances:
- When we believe the change will clarify the Agreement and not reduce its benefits to you.
- To accommodate new or updated systems, technology, products, services, or business processes.
- To account for changes in our funding or working capital requirements.
- To implement changes necessitated by applicable laws, industry codes or practices, or decisions from courts, arbitrators, or the Financial Ombudsman Service.
Governing Law and Forum for Disputes
This Agreement, along with any disputes or claims arising from or related to it (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
Any claims arising from or related to the use of our Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, we retain the right to take legal action against you for any breach of these terms in your country of residence or any other relevant jurisdiction.
You acknowledge that, in exchange for agreeing to this provision, we are able to provide the Service on the terms set out in this Agreement at no charge to you, and that your consent to this provision is an essential consideration under this Agreement.
Termination of the Agreement
This Agreement remains valid until terminated by either party as described below. If you wish to terminate the Agreement, please email [email protected] with the necessary account details, including your username, email address, mobile number, first and last name, and date of birth. For security purposes, we will send a confirmation email before closing your account. Once confirmed, your account will be closed, and your login access will be deactivated. Please note that, in line with our Privacy Policy, your account data will be deleted. You may terminate the Agreement by providing us with at least one month’s written notice. We reserve the right to terminate the Agreement by providing you with at least two months’ written notice.
Either party may terminate this Agreement immediately if the other party:
- Becomes unable to pay its debts as defined under section 123 of the Insolvency Act 1986, admits its inability to pay its debts, or becomes insolvent in any other way.
- Is subject to any form of distraint, execution, attachment, sequestration, or similar action against it or any significant assets, or if a garnishee order is issued or served upon the party.
- Becomes the subject of a petition, order, or resolution for liquidation, administration, bankruptcy, or dissolution of all or a substantial part of its business, unless it proposes a solvent amalgamation or reconstruction with terms previously approved by the non-terminating party.
- Loses complete and unrestricted control over all or part of its assets due to the appointment of an administrator, receiver, manager, trustee, liquidator, or similar officer.
- Enters into or proposes any composition or arrangement with its creditors (or any class of its creditors).
We may terminate this Agreement immediately at any time:
- If you breach any provision of this Agreement, demonstrate a clear intent not to comply with its terms, or are unable to fulfil your obligations under this Agreement.
- If we believe, at our sole discretion, that we are legally required to terminate the Agreement, such as when providing the Service to you becomes unlawful.
- By notifying you via the email address provided in your user information.
- If there is reasonable suspicion of money laundering or terrorist financing activities involving you or a person associated with you.
- If you violate any provisions regarding the accuracy of the information you have provided to us.
- If a regulatory authority (such as the Financial Conduct Authority) or another government authority requires the termination of the Agreement.
The termination of this Agreement does not affect the rights or remedies that either party has accrued up to the date of termination. Upon termination, you must promptly settle any outstanding amounts owed to us under the Agreement, and we will promptly settle any amounts owed to you. We reserve the right to offset any amounts you owe us against any amounts we owe you.
Entire Agreement
If any part of this Agreement is found to be unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, it will not affect the validity or enforceability of the remaining provisions of the Agreement. Only the specific portion deemed unlawful, void, or unenforceable will be severed from the Agreement.
If we decide not to exercise or enforce any legal right or remedy available under the Agreement, this does not constitute a waiver of those rights or remedies. We retain the ability to exercise such rights and remedies in accordance with applicable law.
All covenants, agreements, representations, and warranties made in this Agreement will continue to remain valid and binding both after your acceptance of the Agreement and following its termination.
This Agreement represents the complete understanding and agreement between you and us concerning its subject matter and replaces all prior agreements, understandings, or arrangements.