terms & conditions

terms & conditions

Welcome to the Bofin App, a virtual marketplace for financial products and services provided by Bofin Tech Services Limited (Bofin, we, us, our).

This document describes the terms and conditions applicable to your access and use of the web and mobile applications, sites, and platforms made available by Bofin (the Services).  Please read these Terms and Conditions carefully.  By using our Services, you signify your agreement to be bound by these Terms and Conditions.

For the purposes of these Terms and Conditions, Applicable Law means applicable laws, rules, codes, regulations, formal regulatory guidelines and standards, made by a regulator, legislature or other public authority with binding effect in force from time to time (construed having regard to related guidance and codes of practice issued or approved by a regulator or other public body) and applicable to a party and relevant to these Terms and Conditions.

For information regarding the use of your personal data, please refer to our Privacy Notice.

You can contact Bofin at support@bofin.com or the live chat via our website www.bofin.com .

1. Your USER PROFILE

You need to create your own user profile in order to gain full access to the Services.  To use our Services, you will be required to be logged into the user profile and have a valid payment method associated with it.

All user profile information you provide to us must be complete, accurate and truthful at all times.  You must update this information whenever it changes.

You may only open one user profile.  Your user profile is only to be accessed and used by you.  You will not sell, lease or otherwise grant any other persons access to your user profile.  You are responsible for maintaining the confidentiality of your user profile and password, and for restricting access to your computer and/or mobile devices.  You should take all necessary steps to ensure that the password is kept confidential and secure, and you should inform us immediately if you have reasons to suspect that your password has become known to anyone else, or if the password is being or likely to be used in an unauthorised manner.  To the extent permissible under Applicable Law, you agree to accept responsibility for all activities that occur under your user profile, and all activities carried out under your user profile shall be considered activities carried out by you.

2. Identity Verification

In order to successfully set up a user profile, you will be required to complete a ‘Know Your Customer’-procedure.  This allows Bofin to verify your identity and suitability with regard to the Services.  For more information on how Bofin processes your personal data, please consult our Privacy Notice.

3. Acceptable Use

You may only use the Services for lawful purposes.  You may not use the Services in any way that:

  • violates any law, statute, ordinance or regulation;
  • relates to transactions involving stolen goods, including digital or other illegal activity, narcotics, steroids, certain controlled substances, drug paraphernalia, sexually-oriented materials or services, certain weapons or knives regulated under Applicable Law or other products that present a risk to consumer safety;
  • encourages, promotes, facilitates or instructs others to engage in violence, racial intolerance, the financial exploitation of a crime or other illegal activity;
  • misrepresents your identity or affiliation with any person or entity;
  • infringes or violates the intellectual property or privacy rights of any third party;
  • supports pyramid or ponzi schemes, matrix programs, other “get rich quick”-schemes or certain multi-level marketing programs;
  • is associated with the purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
  • is associated with the sale of certain items before the seller has control or possession of the item;
  • is associated with the sale of traveller’s checks, money orders, currency exchanges or check cashing;
  • involves illegal gambling, gaming and/or any other activity with an entry fee and prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes unless you have obtained prior approval from us and you and the relevant customer for the transaction are located exclusively in jurisdictions where such activities are permitted by law;
  • involves offering or receiving payments for the purpose of bribery or corruption;
  • harms, disrupts or otherwise engages in an activity that diminishes the Services;
  • modifies, translates, adapts, edits, copies, decompiles, disassembles or reverse engineers any software used or provided by us in connection with the Services;
  • transmits unsolicited email (“spam”), email bombing or email forging;
  • causes any kind of network attack, including but not limited to denial of service (DOS) attacks, crawling external networks and intentional overloading of other networks;
  • collects, sales or processes personal information without explicit permission of that person(s);
  • involves the distribution of inappropriate, false, inaccurate, misleading, defamatory or libellous content; or
  • interferes with any other party’s ability to use the Services.

We reserve the right to refuse access [to your user profile or the Services], terminate your user profile, and remove or edit content if we believe that you are in breach of Applicable Law, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.

Additionally, we reserve the right to modify or terminate all or part of the Services and/or to cease providing all or part of the Services to anyone for any reason and/or period, at our discretion.

4. Intellectual Property

Bofin owns, or is the licensee to, all right, title and interest in and to all content made available through the Services.  All content made available through the Services embodies intellectual property rights protected under international copyright, author’s rights and database rights laws.  All title, ownership and intellectual property rights in the content made available through the Services shall remain with Bofin, our affiliates or licensors, as the case may be.

You may not extract and/or re-utilise parts of the content of the Services without our express written consent.  In particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract for re-utilisation any substantial parts of the content of the Services, without our express written consent.  You may also not create and/or publish your own database that features substantial parts of our Services (eg our prices and listings) without our express written consent.

Bofin (registered under trade mark number UK00003277447) and related icons and logos are registered trademarks or trade dress of Bofin.  Bofin’s trademarks and trade dress may not be used in connection with any product or service that is not Bofin’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Bofin.  All other trademarks not owned by Bofin that appear in the Services are the property of their respective owners, who may or may not be affiliated with or connected to Bofin.

5. Information and Content

Subject to what is determined in our Privacy Notice with regard to personal data, when providing us with information, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such information), irrevocable, royalty-free and sublicensable right to use, copy, distribute, modify, and create derivative works on the information, and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the information.  To the fullest extent permitted under Applicable Law, you waive your moral rights in such information and promise not to assert such rights or any other intellectual property rights you have in such information against us, our sublicensees our assignees.

While we try to offer reliable data, Bofin does not guarantee that any of the content provided through the Services is accurate, complete or up-to-date.  Bofin is not responsible for examining or warranting the listings or content provided by third parties through the Services.  You agree that you will not attempt to hold Bofin liable for inaccuracies.

The hyperlinks made available through the Services directing users to websites of third parties do not engage Bofin’s liability for the content of such websites.  Bofin has no control over the content of any third part’s website, which remains entirely independent of Bofin.  The existence of a link between a website operated by Bofin and a third party’s website does not mean that Bofin approves of the content of such third party’s website and, in particular, the potential use of the content on such third party’s website.  You will bear all risks associated with the use of such third party’s website and you will be responsible for complying with the third party’s terms of use.

6. Bofin’s Role

Via its web and mobile applications, Bofin allows third parties to offer their financial products and services to potential customers.  Bofin does not have possession of anything listed or offered through the Services, and is not involved in the actual transaction between provider and customer.  Any contract for the provision of products or services is directly between provider and customer.  Bofin is not a party in this contract nor assumes any responsibility arising out of or in connection with it, nor is it the provider’s agent.  The provider is responsible for the provision of the product or service and for dealing with any customer claims or any other issue arising out of or in connection with the agreement between provider and customer.

7. Purchase Conditions

When using our Services to order a product or service, you agree that:

  • you are responsible for reading all of the documentation included in the listing in full before making a commitment to accept the offer;
  • you will only accept an offer if you meet the provider’s terms as set out in the listing;
  • you enter into a legally binding contract to order a product or service when you accept an offer; and
  • you will pay the due amount directly to the provider of the product or service, in accordance with the provider’s terms and conditions.

8. Your Responsibilities

By using the Services, you represent, warrant and agree that:

  • you have full power and authority to accept these Terms and Conditions and to perform the obligations thereunder;
  • any information you provide to us about you, your entity and your business as a part of your registration process or throughout your use of the Services is true, accurate, current and complete, and you will maintain and promptly amend all information and material to keep it true, accurate, current and complete; and
  • you are solely responsible for obtaining all necessary third party licences and permissions regarding any information that you submit.

When providing us with information, you agree to ensure that such information will:

  • be true, accurate, complete and lawful;
  • not be false, misleading or deceptive;
  • not infringe or violate any copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party;
  • not contain information that is defamatory, libellous, threatening, obscene, offensive, sexually explicit, harmful to minors or otherwise inappropriate;
  • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • not violate these Terms and Conditions or any other applicable agreements, guidelines or policies; and
  • not violate any Applicable Laws (including without limitation rules governing export control, consumer protection, unfair competition, price gouging or false advertising) or promote any activities which may violate Applicable Law.

9. Breaches

Without prejudice to any other remedies available to Bofin, if we have reasonable grounds to believe that you are in breach of any of these Terms and Conditions, we retain the right to take action as we deem appropriate, including:

  • suspending or terminating your user profile; and
  • imposing other restrictions on your use of the Services, at our sole discretion.

Bofin reserves the right to cooperate fully with governmental authorities, law enforcement bodies and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  To the extent permitted by Applicable Law and policies, Bofin may disclose your identity and/or information relating to your user profile, transactions or activities if requested by a governmental authority or an injured third party or as a result of legal action.  Bofin shall not be liable for damages arising from such disclosure, and you agree not to bring any action or claim against Bofin for such disclosure.

10. Liability

The Services and all of its components are provided “as is” without any warranty, neither express nor implied, of any kind whatsoever.

To the maximum extent permitted by Applicable Law, and except for damages resulting from Bofin’s fraud or wilful misconduct, Bofin (including its affiliates, directors, agents and employees) shall not be liable, in contract, tort (including negligence) or otherwise, for any losses or damages resulting from:

  • glitches, bugs, delays or disruptions in the Services;
  • viruses or other malicious software obtained by using the Services;
  • inaccuracies, errors or omissions in the information made available through the Services;
  • any defect in goods or services ordered or obtained from any third party through the Services;
  • unauthorized access or modification by third parties of any content or information stored on our websites or applications; and
  • any matters relating to the Services, your access to and use of the Services or your inability to use or access the Services.

Although we have processes in place aimed at verifying the accuracy of information provided by our users, Bofin is not responsible for ensuring the accuracy, truthfulness of users’ purported identities, or the validity of the content that they provide.

Bofin shall not be liable for any special, incidental, indirect, punitive or consequential loss or damage whether arising from negligence, breach of these Terms and Conditions or otherwise, including without limitation loss of revenue, loss of profits, loss of opportunities, loss of anticipated savings and loss of reputation.

Regardless of the preceding paragraphs, if we are found to be liable, our liability to you or any third party is limited to £25.00.

Nothing in these Terms and Conditions shall limit or exclude Bofin’s liability for fraudulent misrepresentation, for death or personal injury resulting from the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

11. Indemnification

To the extent allowed under Applicable Laws, you agree to compensate us (and our affiliates, directors, agents and employees) in full for any losses or costs, including reasonable legal fees, incurred as a result of:

  • your breach of these Terms and Conditions;
  • your improper use of the Services; or
  • your breach of any Applicable Law or the rights of any third party.

12. Alterations to the Terms and Conditions

We reserve the right to make changes to these Terms and Conditions from time to time.  In such case, we will notify you [30] days prior to the amended Terms and Conditions coming into force.  Your continued use of the Services after this notice period will be deemed to constitute acceptance of the amended Terms and Conditions.

13. Termination and Suspension

We may end this agreement, and close your user profile or any service associated with it, for any reason by giving you two months’ prior notice.

You may terminate this agreement and close your user profile by giving us fifteen days’ prior notice.  If you choose to do so, please contact support@bofin.com.

You may not use any part of the Services, including the Bofin App, after our agreement has ended.

We may suspend your user profile immediately and without notice if we reasonably suspect that:

  • you are in breach of these Terms and Conditions; or
  • the security of your user profile is compromised.

14. Severability

If any provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, this shall not affect the validity of any other provision in these Terms and Conditions.  In case any provision of these Terms and Services is or becomes invalid as a result of changing legislation, the validity of the remaining provisions shall not be affected thereby.

15. Assignment

You may not transfer or assign any of your rights and obligations under this agreement without our prior written consent.

Bofin reserves the right to transfer, assign or novate this agreement or any right or obligation under this agreement, at any time and without your consent and if permissible by Applicable Law.  This does not affect your right to terminate your user profile in accordance with article 13 (Termination and Suspension).

16. Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  Any waiver of any right or provision of these Terms and Conditions shall be effective only if in writing and signed by Bofin’s authorized representative.

17. Complaints

We have an internal complaints handling procedure.  If you have any complaints regarding the Services, please contact complaints@bofin.com.

18. Governing Law and Jurisdiction

Any claim or dispute arising under or in connection to these Terms and Conditions shall be governed and construed in all respects by the laws of England and Wales.  If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by the mandatory provisions of the law of your country of residence.  You and Bofin agree to submit to the non-exclusive jurisdiction of the English courts, meaning you may bring a claim to enforce your consumer protection rights in England or in the EU country in which you reside.  English law will apply in all cases.

Bofin Tech Services Ltd is a company registered in England and Wales (No. 11281283) Registered Address: Kemp House, 152-160 City Road, London, England, EC1V 2NX
All financial products and services available on the Bofin app are provided to you directly by financial institutions in accordance with their regulatory obligations.

The Proto, Meliora and Raris Accounts are operated by AF Payments Limited, which is Authorised by the Financial Conduct Authority as an Authorised Electronic Money Institution (FRN 900440). Registered in England and Wales with Company Number 09356276. Registered Office address, 33 Lowndes Street, Knightsbridge, London SW1X 9HX, England. The Proto, Meliora and Raris Mastercard cards are issued by AF Payments Limited pursuant to a license by Mastercard International. Mastercard and the Mastercard brand mark are registered trademarks of Mastercard International.