1.1 These terms apply to your use of the Portify app (“App”), website and the services offered through them by us (“Services”).
1.2 When we refer to Portify, us or we, we mean Portify Limited, company registration number: 10780281. Our registered Address, and principal place of business is: 31 Great Sutton Street, London, United Kingdom EC1V 0NA. Portify Limited is authorised and regulated in the United Kingdom by the Financial Conduct Authority to conduct credit broking business and to arrange transactions with FCA Firm Registration Number 828125. Portify Limited is also registered with the Financial Conduct Authority under the Payment Services Regulations 2017, as a Registered Account Information Service Provider, with FCA Firm Registration Number 826665.
2.1 Most of the App is provided free of charge but there are some Services that are only available on a paid for subscription basis. Details of the pricing and services included in any subscription are available to you in the App or on our website and will be confirmed to you when you make any purchase. Services may provide you with access to competitions from time to time in which case they will be subject to separate additional competition terms and conditions.
2.2 If you choose to sign up to any subscription service, then you have the right to change your mind, cancel and obtain a refund within 14 days of entering into it with us. The cancellation period expires on the 14th calendar day after the conclusion of these Terms. You are able to exercise your right to cancel by sending us a written cancellation notice to the following - Email: [email protected], Address: 31 Great Sutton Street, London, United Kingdom EC1V 0NA.
2.3 Once the cancellation period in 2.2 has passed, you can still choose to cancel any subscription at any time on giving not less than 30 days’ notice in advance in which case the subscription will then terminate at the end of the relevant subscription term. For example, if you have a 12 month contract and give notice of termination in month 6, the contract will end at the end of the 12 month period.
2.4 Subscriptions are managed on a rolling basis (usually annually and with monthly payments) but we will always notify you in advance before the expiry or rollover of any renewal term.
2.5 If you don’t have any subscription service with us, then you can simply choose to stop using the App or any free services at any time.
2.6 Portify does not provide you with any investment advice or any advice in relation to any consumer credit product. Any decision by you to obtain any financial services product must be made by you having obtained appropriate advice from a person authorised and regulated by the Financial Conduct Authority.
2.7 For details of operating models and technical specifications for our App, please see the details in the appstore listings or you can contact us for details at any time.
3.1 You will have a separate contract direct setting out these terms which comes into effect if and when any request you make for Flex Finance through the App is accepted (“Portify Plus Terms” and the "Credit Agreement").
3.2 Portify will notify you if your request has been successful or not through the App. If you wish to make changes to the request (or to cancel it before it has been accepted and approved), please contact us as soon as possible. You will be able to contact us for these purposes on the following Address: 31 Great Sutton Street, London, United Kingdom EC1V 0NA, Email: [email protected]
3.3 We, may require further information from you in order to approve your request or during the period your subscription subsists. If additional information is required, we will contact you to request the required information. If you do not provide us with the required information within a reasonable period of time we, may decline your request.
3.4 Termination by Portify or you of the Portify Plus Terms should be managed in accordance with the terms of those Portify Plus Terms. Similarly, your cancellation rights in respect of Flex Finance are set out in those Portify Plus Terms.
3.5 When we provide you with access to the App and services this is on a licence basis for your own personal use but all intellectual property rights remain with us.
4.1 You can reach us via email at [email protected] or via the in-application messaging service. We will communicate with you via the App and/or via the email address and contact information that you have provided to us. These Terms and correspondence are only available in English.
5.2 You must make sure that all personal information you provide to subscribe for and access any services is true and accurate. Personal information means any information relating to you including, but not limited to, your name, email address, date of birth, address, current employer details, employment details and hours worked, average monthly savings and income and debt obligations, and bank account information. You should promptly notify us of any changes.
6.1 You must be 18 to use our App or Services.
6.2 You agree that you will:
6.2.1 only use the App and Services for your own personal use (and you can make one back up copy of any materials for such purposes) and not resell any vouchers offered through the App or Service;
6.2.2 not rent, lease, sub-licence, loan, provide or otherwise make available the App or services to any person without our consent;
6.2.3 not use the App or Service for any unlawful activity or in any manner that may cause offence or harm to any person or which may infringe the intellectual property or other rights of us or any third party;
6.2.4 not do anything that may disable, modify or harm our App or Service.
6.3 You are responsible for all activities which happen under your log in details so make sure you keep your password and log in details safe and secure.
6.4 We may terminate these Terms with you and your access to the App or any Services if you are in breach of (or we reasonably suspect you to be in breach of) these Terms.
6.5 We may also terminate these Terms with you if your employer or other organisation who pays for your use of the App or Service ceases to do so. In such circumstances, we shall notify you and offer you the opportunity to continue the payment and if you do not do so within 30 days of such notification, your access will be terminated.
6.6 Termination of these Terms with you for any reason will not affect any liability you have for repayments under the Portify Plus Terms.
7.1 We are not liable for:
(a) any damage or loss caused to you while using the Subscription Service or any of our other services in breach of these Terms including where you are using services for purposes other than your own personal, non-commercial use;
(b) any loss of data that results from your use of our services;
(c) any loss of income, revenue, business, profits or contracts that result from your use of the services;
(d) any failure, suspension and or termination of access to services in connection with or arising out of an event which is outside our reasonable control (including strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers and where they are beyond our reasonable control, any other accidents, acts or omissions);
(e) third party products and services which are mentioned or linked via the App (including Flex Finance) or any vouchers for third party products or services and we do not endorse any third party products or services;
(f) any claims brought against you by a third party except as stated in these Terms; and/or
(g) any damage or loss caused to you where such damage or loss: (i) is not reasonably foreseeable to you and us when you use the services; or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the services; in both cases including where the damage or loss results from our breach of these Terms.
7.2 We can’t promise that the App and Services will always be available. We may need to make changes or conduct maintenance from time to time.
7.3 Nothing in these Terms will:
(a) restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
(b) limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law or applicable FCA rules.
8.1 Each of the clauses of these Terms operate separately. If any court or competent authority decides that any of the clauses are unlawful or unenforceable for any reason, the remaining clauses will remain in full force and effect to the fullest extent intended and permitted.
8.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
9.1 If you are dissatisfied with the App or any Services you can lodge a complaint directly to us in writing using the following details - Email: [email protected] (please include the term “Complaint” in the subject heading), Address: 31 Great Sutton Street, London, United Kingdom EC1V 0NA. To the extent that any service is subject to regulation by the Financial Conduct Authority if you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service. Contact details for the Financial Ombudsman are:
Financial Ombudsman Service
London E14 9SR
Tel: 0800 023 4567
9.2 We are also covered by the Financial Services Compensation Scheme (‘FSCS’). You may be entitled to compensation from the scheme if we cannot meet our obligations in relation to any activity performed by us which is subject to regulation by the Financial Conduct Authority. The extent of any compensation available depends on the type of business and the circumstances of the claim. Contact details for the Financial Services Compensation Scheme are:
Financial Services Compensation Scheme
15 St Botolph Street
London EC3A 7QU
0800 678 1100
9.3 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
9.4 These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.