These terms apply between Portify Limited, trading as Portify ("We"), and you as a Portify user.
We care deeply about making flexible work as financially secure and fulfilling as traditional work. To take advantage of our services, you have to be a Portify User. As a Portify User, We license you to use:
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We do not and cannot access your bank accounts directly. As part of our provision of the Service we use third parties, currently Salt Edge Inc. and TrueLayer Limited whose technology enables us to receive the data from those accounts. In order to use the App and the Service effectively, you will therefore need to agree to:
Truelayer is an authorised account information service provider registered with the FCA as an Authorised Payment Institution (reference number: 793171).
For information regarding the types and models of devices and/or browsers you need to download, access or operate the App and our Service, please contact [email protected].
Support. If you want to learn more about the App or the Service or have any problems using them please contact us at [email protected].
Contacting us (including with complaints). If you think the App or the Service are faulty or miss-described or wish to contact us for any other reason please email our customer service team at [email protected].
How we will communicate with you. If we have to contact you we will do so by email, telephone or by SMS, using the contact details you have provided to us.
For complaints related to the provision of account information services, please contact TrueLayer directly by emailing: [email protected].
Should you wish to raise a complaint in relation to the service with your ASPSP or your Provider, please refer to the complaints policy of your ASPSP and/ or Provider. You have the right to raise complaints with the Financial Ombudsman Service and with TrueLayer, where your Provider is an appointed agent of TrueLayer.
In return for your agreeing to comply with these terms you may:
You must be aged 18 or over to accept these terms and use the App. Your employer or other organisation may pay for your use of the App. Otherwise, you shall pay any fee due to us for such use.
You agree that you are responsible for all activities that occur under your account. You may only register using your own details. All information you provide to us on registration must be accurate and complete and we ask that you keep your information up to date by making any necessary changes within your account. You must keep confidential your password to access the App, and if you believe that there has been any unauthorised use of your account, please contact us immediately.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for other reasons.
We will give you at least 30 days’ notice of any change by sending you an SMS, email or in-app notification with details of the change or notifying you of a change when you next start the App or access the Service.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
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 App and the Service.
By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any benefits to you.
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
You may obtain discount vouchers through the App. We have no responsibility for the fulfilment of the discount voucher, which may be subject to third party terms and conditions. We are not responsible for the products or services purchased with a discount voucher. We do not recommend or endorse any third party provider of goods and services notwithstanding that we supply a discount voucher for their goods and/or services. You may not resell any discount voucher.
Any content on the App, such as our tax calculator, is for information only. The tax calculator is a generic tool and it may be that your particular situation and finances cannot properly be reflected within the tax calculator. You should obtain professional advice if you require advice on your tax or financial affairs.
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.
We warrant that the App the Documentation and the Service will be of satisfactory quality, fit for purpose and as described. Otherwise, the App and the Service are provided to you on an “as-is” and “as available” basis. You agree that the App and the Service have not been created specifically for you.
We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the App or the Service We make no representation, warranty or guarantee that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, software, data or personal information.
We shall only be liable to you for any direct damages that you can evidence were caused by our demonstrable failure to comply with these Terms and Conditions. If there is a problem with the App that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the App.
To the extent permitted by law, we shall not be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; or (vii) special, indirect or consequential damage arising in whole or in part from your access to the App and the Service, your use of them or these Terms and Conditions, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary in these Terms and Conditions, our liability to you will at all times be limited to £1,000.
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.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and, if appropriate receive a refund for any benefit you have paid for but not received.
There may be occasions when access to the App or the Service may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We may end your rights to use the App and the Service if you are in breach of any of these Terms and Conditions.
If what you have done can be put right we will give you a reasonable opportunity to do so.
We may also terminate your rights to use the App and Service if your employer or other organisation who pays for your use of the App ceases to do so. In such circumstances, we shall notify you and offer you the opportunity to continue the payment. If you do not set up payment within 10 days of such a notification, we shall end your rights to use the App and Service within a further 10 days.
If we end your rights to use the App and Service:
You can stop using the App at any time by deleting it from your device, but:
If you wish to continue to use any vouchers, then you must copy the voucher code and other information before deleting the App.
If you owe sums under the Flex Finance product you must not delete the App without our consent. However, we may disable all other activities under your account.
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.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
These Terms and Conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
Each of the paragraphs of these Terms and Conditions 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.
Even if we delay in enforcing these Terms and Conditions, 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.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
If there is any issue that you are not able to resolve with our team you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
Portify Limited, trading as Portify, is a British company registered at Evolution House Iceni Court, Delft Way, Norwich, Norfolk, United Kingdom, NR6 6BB.
Questions, comments and requests regarding these terms are welcomed and should be addressed to [email protected].
Last updated: 31/01/2019