Terms and conditions

 

BOFIN APP END-USER LICENSE AGREEMENT

 

1.   THESE TERMS

 

1.1  What these terms cover and don’t cover. This comprises the end-user license agreement or EULA. The EULA consists in terms and conditions which cover your use of the Bofin App or the App. The Bofin App provides access to a range of banking-style products, including e-money and payment services, which are provided by regulated e-money issuers, payment initiation service providers, account information service providers and payment service providers. Bofin is therefore procuring these products and/or services from these service providers for you by means of the Bofin App. You will in each instance directly contract with the service provider, depending on which service in the Bofin App you decide to use. That means that the provision of (regulated) services as between you and the service provider is dealt with under that separate agreement, i.e. not by these terms. Bofin is a technology platform which, through the above-mentioned service providers, facilitates your access to banking-style products. As such, Bofin has no role in carrying out any regulated services. It is therefore not licensed or authorized by the FCA.

     1.2  App store terms. The ways in which you can use the Bofin App may be controlled by the  Apple App Store’s, Google Play’s or other app store’s rules and policies.

1.3  Why you should read these terms. Please read these terms carefully before you download and use the Bofin App. These terms tell you who we are, how we enable your access to useful financial services, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please click on Chat-Support in your Bofin mobile app to speak to a Bofin live advisor.

 

2.   INFORMATION ABOUT US AND HOW TO CONTACT US

 

     2.1   Who we are. We are the Bofin Group which consists of a number of companies. Aside from contracting with one or more of our partners depending on which service you choose, for each respective Bofin service, a specialist company within the Bofin Group will contract with you for the its relevant part of the service delivery. The company which provides the mobile application is: Bofin Tech Services Limited, a company registered in England and Wales. Our company registration number is 11281283 and our registered office is at 154 Bishopsgate, London, United Kingdom, EC2M 4LN. By downloading and using the Bofin mobile application, you agree to the terms herein with this company. Below we describe separate services which may be provided by a different specialist company within the Bofin Group. Where that is the case, we will clearly say so below.

2.2  How to contact us. If you have an enquiry regarding the Bofin App, please contact our customer service team by Bofin App: click on Chat-Support in your Bofin mobile app to speak to a Bofin live advisor.

2.3  How we may contact you. If we have to contact you, we will do so through the Bofin App – we recommend that you log in at least once a week so that you don’t miss important communications from us. You must tell us if your contact details change. If you don’t tell us, we will not be responsible if we cannot contact you or we use out of date contact details when attempting to send you information. We may also email or phone you using the details you submit to us on signing up.

2.4  “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and SMS messages and messages we send to you through the Bofin App.

3.   OUR CONTRACT WITH YOU

Use of the Bofin App. By registering to use the Bofin App, signing in and each time you use the Bofin App, you agree to these terms and conditions.

These terms do not govern the underlying financial services which are rendered to you. As mentioned previously, you enter directly into a relationship with each financial service provider, consistent with your choice of services and/or products.

4.   CHANGES TO THESE TERMS

 

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

4.2  We will give you at least 30 days’ notice of any change notifying you of the change when you next start the Bofin App.

 4.3  If you do not accept the notified changes you will not be permitted to continue to use the Bofin App.

5.   TECHNICAL REQUIREMENTS

 

5.1  The Bofin App requires a smartphone or other device capable of internet connectivity (for example, a tablet) with sufficient memory, running the Android or iOS operating system.

5.2  The Bofin App may not function correctly if you are not running the latest version of your device’s operating system or if your device is outdated.

 5.3  If you choose not to install Bofin App updates, or if you opt out of automatic updates, you may not be able to continue using the Bofin App.

 5.4  Bofin cannot be held responsible in the event your device does not possess the requisite system requirements.

 6.   THE BOFIN SERVICES

 

 6.1 To reiterate, Bofin’s role is not to provide financial and/or regulated services. These services are provided by authorized and/or regulated institutions from whom Bofin has procured the services and/or products. Bofin packages the total offering in respect of these institutions by providing and maintaining a customer user interface in the Bofin App which is made available to you under the terms herein. Bofin therefore enables your access to financial services provided by its partners. To this end, Bofin collects and sends data submitted via the Bofin App to the foregoing institutions (who are, among others, responsible for fulfilling payment instructions) through API calls. As and when required Bofin will also store tokenized payment card details. Although the regulated institutions are responsible for complying with regulations concerning anti-money laundering and payment services, Bofin may perform certain customer due diligence checks as part of its services. This does not detract from the regulatory responsibility of the financial institutions providing the underlying products and/or services.

 Though Bofin connects and enables access to financial services, it does not itself render or offer any financial services. Bofin under no circumstances acts as the merchant of record for goods sold or services rendered because it does not own, create, sell, resell, offer, manage, control, deliver, provide or supply any of the services or products provided by its suppliers, but merely facilitates access to them.

 6.2 Through the Bofin App, you will be able to top-up the account provided by the regulated institution. In this way you may deposit funds into your current account through your Mastercard card. Bofin Tech Services Limited, with registered address 154 Bishopsgate, London, United Kingdom, EC2M 4LN and registration number 11281283 is the company charging for this service whereby amounts are pulled from you card on your instruction.

 

 6.3 Bofin Tech Services Limited (details above) has procured account information services from registered institutions tailored to provide a dashboard function whereby you are able link or aggregate your third-party accounts and view transactions from these external accounts all within the Bofin App. These services are provided by third party partners who are authorized to do so. Additional terms between such parties and you may apply.

 

 6.4 Bofin has innovative agreements in place with regulated account providers whereby it is able to procure and reserve an account for you, in the name of Bofin Tech Service Limited, before you have even gone through the onboarding and know-your-customer procedure. Once the account is activated and transactions commence the know-your-customer process will have to be completed. On using the account for executing payment transactions, you will be subject to compliance with the account provider’s due diligence requirements. The responsibility for compliance with due diligence rules, anti-money laundering rules, and regulations aimed at combating the financing of terrorism sits with the regulated institution who will lay out these procedures in their agreement with you. Any personal information we collect will be processed in accordance with our privacy policy (accessible here).

 

7.   UPDATE TO THE BOFIN APP AND CHANGES TO ITS FEATURES

 7.1  From time to time we may automatically update the Bofin App and change its features to improve performance, enhance functionality, reflect changes to the operating system, make necessary legal changes or address security issues. Alternatively we may ask you to update the Bofin App for these reasons.

 7.2  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Bofin App.

 7.3  The Bofin App will always match the description provided to you when you downloaded it.

8.   IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

 

If you download the Bofin App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

9.   WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

 By using the Bofin App you agree to our collecting and using technical information about the devices you use the Bofin App on and related software, hardware and peripherals to improve our products and to provide any services to you.

 

10.   WE COLLECT LOCATION DATA

 10.1   The Bofin App will make use of location data sent from your devices. You consent to our and our affiliates’ and licensees’ transmission, collection, retention,

 

maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

11.   SECURITY 

11.1   When you register as a user of the Bofin App, you will choose a security code and provide other security details which you will need to provide when you log-on to the Bofin App in the future. You must keep this security information secret because, as long as the correct security information has been used to log-in, we will assume that you are the person using the Bofin App. We may carry out additional checks if we think it is necessary to confirm that it is you using your security information to log-in to the Bofin App.

 11.2   You must tell us as soon as possible if you think that someone else knows your security information or is impersonating you on the Bofin App. Until you tell us, we will not be responsible for any instructions we follow or unauthorised access to confidential information about you through the Bofin App.

 11.3   You may not transfer the Bofin App to anybody else. If you sell, loan or give away any device on which the Bofin App is installed, you must first remove the Bofin App from it.

 11.4   You agree that we may use software and other technology to detect viruses or malicious software on the device you use to access the Bofin App. You also agree that we may use software and other technology to determine whether your device has been altered through ‘jailbreaking’ or ‘rooting’ and if we determine that your device has been altered by these means, or if we detect viruses or malicious software, we may suspend, restrict or block your access to the Bofin App from that device.

12.   INTELLECTUAL PROPERTY

 12.1   “Bofin.com,” “Bofin” and all logos related to the Bofin App are trade marks of Bofin Tech Services Limited. All right, title and interest in and to the Bofin App is the exclusive property of Bofin Tech Services, its parent, subsidiaries or affiliates.

 

12.2   Except as permitted in these terms, you may not use, copy, reproduce, incorporate, distribute, sublicense, adapt, enhance, modify, decompile, reverse engineer, display, or provide any of the intellectual property owned by Bofin Tech Services Limited, its parent, subsidiaries or affiliates as set out in paragraph 12.1 above.

13.   LICENCE RESTRICTIONS

 You agree that you will:

 

 13.1   not rent, lease, sub-license, loan, provide, or otherwise make available, the Bofin App in any form, in whole or in part to any person without prior written consent from us;

 13.2   not copy the Bofin App or any related documentation, except as part of the normal use of the Bofin App or where it is necessary for the sole purpose of back- up or operational security;

 13.3   not translate, merge, adapt, vary, alter or modify, the whole or any part of the Bofin App nor permit the Bofin App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Bofin App on devices as permitted in these terms;

 13.4   not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Bofin App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Bofin App to obtain the information necessary to create an independent program that can be operated with the Bofin App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and (b) is not used to create any software that is substantially similar in its expression to the Bofin App; (c) is kept secure; and (d) is used only for the Permitted Objective; and

 13.5   comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Bofin App.

 

14.   ACCEPTABLE USE RESTRICTIONS

 You must:

 

 14.1   not use the Bofin App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Bofin App or any operating system;

 14.2   not infringe our intellectual property rights or those of any third party in relation to your use of the Bofin App (to the extent that such use is not licensed by these terms);

 14.3   not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Bofin App; or

 14.4   not use the Bofin App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

15.   WHEN WE CAN RESTRICT YOUR USE OF THE BOFIN APP.

 

15.1   We may suspend, restrict, or stop your use of the Bofin App at any time, without advance warning if we reasonably think this is necessary because, for example:

 15.1.1   we discover you have knowingly given us false information;

 15.1.2   the security of the Bofin App is at risk;

 15.1.3   we suspect unauthorised or fraudulent use of the Bofin App;

 15.1.4   a device is used that we do not recognise or is used in an unusual way;

15.1.5   we have to comply with any legal or regulatory requirement; or

 15.1.6   you have breached these terms – if what you have done can be put right we will give you a reasonable opportunity to do so.

 15.2   If we suspend, restrict or stop your use of the Bofin App, you will not be able to use any services or products until we restore your access to the Bofin App.

 15.3   If we end your rights to use the Bofin App: 

15.3.1   You must stop all activities authorised by these terms, including your use of the Bofin App and the related services. 

15.3.2   You must delete or remove the Bofin App from all devices in your possession and immediately destroy all copies of the Bofin App which you have and confirm to us that you have done this. 

15.3.3   We may remotely access your devices and remove the Bofin App from them and cease providing you with access to the underlying services.

 15.4   Where possible we will contact you before suspending, restricting or blocking your access to tell you that we are doing so and why. We may do this by displaying a message the next time you try to log on or perform an action on the Bofin App. However, we may not always be able to contact you, for example, because of legal or regulatory restrictions.

16.   IF THERE IS A PROBLEM WITH THE BOFIN APP

 16.1   How to tell us about problems. If you have any questions or complaints about the Bofin App, please contact us by clicking on Chat-Support in the Bofin App. You can send us a message through the Bofin App.

16.2   All complaints we receive are handled in accordance with our complaints procedure, which we can provide to you upon request.

17.   OUR LIABILITY

17.1   You should be able to use the Bofin App at all times but we won’t be liable if you suffer any losses if it is unavailable because of: 

17.1.1   scheduled or emergency repairs, updates or maintenance; 

17.1.2   the failure of data processing systems; or 

17.1.3   events, circumstances or causes beyond our reasonable control. 

17.2   We will not be liable if you cannot use any of the services, provided by our partners and/or regulated institutions whose services we have procured for you, at any time or if any third party breaks their agreement with you. 

17.3   We warrant to provide the Bofin App to you with reasonable care and skill and within a reasonable amount of time in accordance with the information we provide to you, and we are responsible if we fail to provide the Bofin App to you in accordance with this paragraph 17.3. 

17.4   We are responsible to you for foreseeable loss and damage caused by Bofin. Loss or damage is foreseeable if it is obvious that it will happen, or if you and Bofin both knew it might happen at the time the contract was made, for example if you discussed it with us before downloading and registering to use the Bofin App.

17.5   We are not liable for business losses. We only supply services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.6   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; or for fraud or fraudulent misrepresentation.

17.7   When Bofin is liable for damage to your property. If use of the Bofin App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, Bofin will not be liable for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised to you in paragraph 5 above.

 

17.8   Limitations to the Bofin App. The Bofin App is provided for general information purposes only, we do not use it to offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from your use of the Bofin App. Although Bofin makes reasonable efforts to update the information provided through the Bofin App, Bofin makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

18.   HOW WE MAY USE YOUR PERSONAL INFORMATION 

18.1   How we will use your personal information. We will use the personal information you provide to us in accordance with our privacy policy (accessible here).

18.2   We will:

 

18.2.1   implement appropriate technical and organisational measures to protect any of your personal data against unauthorised or unlawful processing and accidental loss or damage;

 18.2.2   only transfer your personal data to countries outside the European Economic Area that ensure an adequate level of protection for the rights of data subjects after written authorisation may be granted subject to such conditions as you deem necessary;

 18.2.3   take all reasonable steps to ensure that your information is kept secure against unauthorised access, loss, disclosure or destruction;

 18.2.4   take reasonable precautions to preserve the integrity of any data which we process and to prevent any corruption or loss of the data; and

 18.2.5   in the event that we are responsible for any corruption or loss of personal data, promptly restore the data at our own expense. 

18.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Bofin App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

19.   OTHER IMPORTANT TERMS

 

 19.1   We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 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.

19.2   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 to this in writing.

19.3   Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19.4   If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5   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 will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.6 Which laws apply to this contract and where you may bring legal

proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. If you live in any other EU member state, you can bring legal proceedings in respect of the services in either that EU member state’s or the English courts

 

19.7   Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.