FINBOGO PLATFORM USER TERMS

These Terms & Conditions (the Terms) govern your use of the Platform, your Account and use of the FinBoGo Services. Please read these terms carefully before setting up your Account.

1. IMPORTANT INFORMATION

1.1 By registering with us for your Account and clicking to confirm you accept the Terms and/or continuing to use the FinBoGo Services following our notification of any changes to these Terms, you are agreeing to comply with them.

1.2 If you do not agree to these Terms, you may not access or use the Platform or the FinBoGo Services and any documents relating to the same.

1.3 These Terms tell you:

• 1.3.1 who we are;
• 1.3.2 the terms on which you may use, and we provide, the FinBoGo Services;
• 1.3.3 how changes can be made to your Account, the FinBoGo Services and these Terms;
• 1.3.4 how to close your Account; and
• 1.3.5 what to do should you have a problem and other important information.

2. WHO WE ARE

We are Finbogo Limited (FinBoGo, we, us or our). We are a private limited company registered with company number 15397665. Our registered office is Fernhill Estate Office, Fernhill Road, Sutton, Newport, Shropshire TF10 8DJ.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

3.1 These Terms refer to the following additional terms, which will also apply to your use of the Platform and the FinBoGo Services:

• 3.1.1 our General Platform Privacy Policy, which sets out details of how we collect, use and look after User Personal Data when you use the FinBoGo Services (whether you are a Client or a Representative who accesses the Platform on behalf of a Client);
• 3.1.2 our Client Specific Privacy Notice, which sets out details of how we collect, use and look after User Personal Data where this data is special category personal data (e.g. health data) when you use the FinBoGo Services and/or the Professional Services (whether you are a Client or a Representative); and
• 3.1.3 our Cookies Policy, which sets out information about the cookies on the Platform.

3.2 Please note that where you make a booking for Professional Services via the Platform, the provision of such Professional Services will be subject to the terms and conditions of the third party professional providing such services to you. You should review these carefully prior to making a booking to ensure that you agree to them.

4. DEFINITIONS AND INTERPRETATION

4.1 In these Terms, the following words and expressions shall have the following meanings:

• Account: the personal account created within the Platform and which is used by the User to access and use the FinBoGo Services;
• Client: an individual (who may also be a User) in respect of whom a booking for Professional Services is made via the Platform;
• Condition: a condition of these Terms;
• Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;
• FinBoGo Services: the services, functionality, facilities and technologies available via the Platform including the Professional Service, the User Record, and other services made available by us from time to time;
• Intellectual Property Rights: any and all copyrights, moral rights, related rights, patents, supplementary protection certificates, petty patents, utility models, trade marks, trade names, service marks, design rights, database rights, website rights, semi-conductor topography rights, domain name rights, rights in undisclosed information, rights in get up, goodwill or to sue for passing off, unfair competition rights, and other similar intellectual property rights (whether registered or not) and applications for any such rights as may exist anywhere in the world;
• Platform: the FinBoGo online booking platform, and the data supplied with the platform software, as updated or supplemented by us from time to time;
• Professional Service: any of the services or information provided by third party professionals which are made available via the Platform, as further described in Condition 11.1, and Professional Services shall be construed accordingly;
• Representative: an individual who accesses the Platform on behalf of a Client, who is the parent, guardian, carer of or is otherwise acting on behalf of a Client (including under a power of attorney) and is to represent or act in that Client's best interests;
• User Data: any data in any form provided by you to us, including your own data, or data you have provided on behalf of a Client;
• User Personal Data: any personal data comprised in the User Data;
• User Record: the record created by a User through using the Platform, as further described in Condition 6.1;
• User, you, your: the individual who creates an Account in order to access and use the FinBoGo Services, and more particularly, access the Professional Service (whether on their own behalf or acting as a Representative on behalf of the Client);
• VAT: value added tax chargeable under the Value Added Tax Act 1994 or any other equivalent applicable sales tax in force from time to time;
• Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

4.2 The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

4.3 A reference in these Terms to:

1. 4.3.1 a person shall include an individual, company, limited liability partnership, corporate firm, partnership, joint venture, association, trusts or unincorporated bodies and associations (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns;
2. 4.3.2 the singular shall include the plural and vice versa and a reference to one gender shall be a reference to the other gender and matter and vice versa;
3. 4.3.3 a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and such statute or statutory provision shall include any subordinate legislation made from time to time under that statutory provision;
4. 4.3.4 writing or written excludes fax;
5. 4.3.5 include, including and in particular or anything similar are illustrative only and none of them shall limit the sense of the words preceding or following them and each of them shall be deemed to incorporate the expression without limitation.

4.4 If you are accessing the FinBoGo Services as a Representative, where these Terms refer to something you will do or will not do, such references should be taken to mean that you will (or, as applicable, will not do) that thing on behalf of your Client, and that you will ensure that the Client will do or will (or, as applicable, will not do) that thing.

5. SETTING UP YOUR ACCOUNT

5.1 These Terms will come into effect at the time you click the button confirming your acceptance to the same and will continue until your Account is deactivated in accordance with Condition 15. Once you have submitted the required information, we will send you an email requiring you to verify your email address and activate your Account by following the instructions set out in the verification email.

5.2 By registering for your Account, you are warranting that:

• 5.2.1 you are legally capable of entering into a contract with us;
• 5.2.2 you are at least 18 years old, (please note, where you are under the age of 18, your Representative will be required to set up the Account and manage all use the Platform on your behalf); and
• 5.2.3 you are resident in the UK.

6. USER RECORD

6.1 As part of your Account, you are able to submit information and documents relating to the Professional Services such as general personal details or notes for yourself (or on behalf of a Client) in order to create an easily accessible record (the User Record).

6.2 The User Record functionality is provided to allow you to create one easily accessible place to hold all such information you may require. Any information and/or data which you submit to the User Record regarding your (or a Client's) health, medication or medical treatment is for your information purposes only.

6.3 The information and/or data you submit to the User Record is visible by you only, and no third party will have any visibility or access to such information and/or data, unless and to the extent that you decide to share part or all of the User Record with another user (including a third party provider of the Professional Services). Where you have provided your consent, we may access the User Record for the purpose of recommending other Professional Services to you.

7. ACCEPTABLE USE

7.1 You agree to:

• 7.1.1 use the Platform and the FinBoGo Services in accordance with these Terms;
• 7.1.2 keep a secure password for your access to and use of the Platform and your Account; and
• 7.1.3 do all you can to prevent any unauthorised access to, or use of, the FinBoGo Services and, if you become aware of any such unauthorised access or use, you will promptly notify us.

7.2 In return for you agreeing to comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferrable and non-sub-licensable licence to use Platform and the FinBoGo Services for your personal non-commercial use only.

7.3 You agree that you will:

• 7.3.1 not use the Platform or FinBoGo Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently, dishonestly or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform;
• 7.3.2 not infringe our Intellectual Property Rights or those of any third party (including our other users) in relation to your use of the Platform or FinBoGo Services;
• 7.3.3 ensure that any information, materials, or User Data submitted on the Platform are accurate, complete and not misleading (in each case, in all material respects);
• 7.3.4 not transmit any material that is defamatory, slanderous, insensitive, offensive or otherwise objectionable in relation to your use of the Platform or the FinBoGo Services;
• 7.3.5 not distribute, sub-license, sell, rent, lease, loan, provide or otherwise make available the Platform or the FinBoGo Services in any form, in whole or part, to any person without our prior written consent.

8. UPDATES

8.1 We may amend or update these Terms from time to time to reflect changes in relevant laws, regulatory requirements, best practice or to deal with additional features which we may introduce to the FinBoGo Services. We will notify you by email or through your Account that our Terms have been updated and will aim to give you reasonable notice of any changes and we will also notify you when you next login to your Account following any changes. You are responsible for reviewing these Terms and ensuring that you understand the basis upon which we provide the FinBoGo Services to you, therefore please check them regularly.

8.2 By continuing to use the Platform and/or the FinBoGo Services following our notice of any update to these Terms, you agree to such update and to comply with these Terms as updated or amended. If you do not agree to such update then please do not continue to use the Platform, access your Account and/or the FinBoGo Services and take the steps set out in Condition 15 to deactivate your Account.

8.3 We may at our sole discretion update, modify, suspend or discontinue the FinBoGo Services at any time. We may automatically update the Platform and/or FinBoGo Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

9. USER PRIVACY

9.1 Under Data Protection Legislation, we are required to provide you with certain information about who we are, how we process the User Personal Data (and for what purposes) and your rights in relation to the User Personal Data and how to exercise them. This information is provided in our General Platform Privacy Policy and our Client Specific Privacy Notice and it is important that you read this information.

9.2 Where you are a Representative, in order to enable us to comply with Data Protection Legislation and protect the User Personal Data in relation to your use of the Platform, you confirm to us and agree that you:

• 9.2.1 (where the Client is deemed to have capacity to understand and retain information that is provided to them) have explained the functionality of the Platform to the Client, including the fact that their personal data will be used in the Platform, and have obtained their consent; or
• 9.2.2 (where the Client is deemed not to have capacity to understand and retain information that is provided to them) are authorised to, and have provided, consent on behalf of the Client.

10. LIMITATIONS TO THE FINBOGO SERVICES

10.1 You acknowledge and accept that:

• 10.1.1 the FinBoGo Services:
  • (a) are provided on an “as is” and “as available” basis only:
  • (b) have not been developed to meet your individual requirements and you should check that the FinBoGo Services meet your requirements;
  • (c) may not be error, fault, virus or bug free or free from malicious code or compatible with any third-party software or equipment; and
  • (d) may be subject to limitations, user parameters, delays and other problems inherent in the use of the Platform and/or the FinBoGo Services.

10.2 You agree that you are responsible for:

• 10.2.1 your use of the Platform, your Account and/or the FinBoGo Services;
• 10.2.2 your content, User Data and any other information you upload through the Platform, the FinBoGo Services and/or your Account; and
• 10.2.3 ensuring that any Professional Service which you purchase via the platform is suitable and appropriate for you.

10.3 We may have to suspend your use of the Platform, your Account, and/or the FinBoGo Services to:

• 10.3.1 deal with technical problems, make technical changes or for maintenance;
• 10.3.2 update the Platform, your Account and/or the FinBoGo Services to reflect changes in relevant laws and regulatory requirements.

10.4 Subject to the express terms set out in these Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by English law, excluded from these Terms.

11. PROFESSIONAL SERVICES

11.1 The Platform may enable you to access services and websites that we do not own or operate (each a Professional Service).

11.2 We are not responsible for examining or evaluating the content or accuracy of these Professional Services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

11.3 You must not use the Professional Services in any way that:

• 11.3.1 is inconsistent with these terms or with the terms of the Professional Service; or
• 11.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.

11.4 From time to time, we may change or remove the Professional Services that are made available through the Platform.

12. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in the Platform, your Account and the FinBoGo Services throughout the world belong to us (or our licensors) and you are granted a limited right to use the same solely for the purpose of using your Platform, your Account and the FinBoGo Services in accordance with these Terms. These rights are licensed and not sold to you. You have no Intellectual Property Rights in, or to, the Platform, your Account or the FinBoGo Services.

13. OUR LIABILITY TO YOU

13.1 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Platform, your Account and the FinBoGo Services and your use of the same.

13.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

13.3 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.

13.4 We shall not be liable for the success, efficacy, or suitability of any Professional Service that you book via the Platform or otherwise take part in. All Professional Services on the Platform are provided by third parties and therefore FinBoGo has no control or responsibility over the quality or suitability of such Professional Services. You remain responsible at all times for seeking independent advice and satisfying yourself that any Professional Service you take part in is suitable for your requirements and needs.

13.5 We are not liable for business losses. The Platform, your Account and the FinBoGo Services are for domestic and private use by you. If you use the Platform, your Account and the FinBoGo Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.6 If your use of the Platform, your Account and the FinBoGo Services is delayed by an event outside our control then we will use reasonable endeavours to 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.

14. RESTRICTING YOUR ACCESS TO THE FINBOGO SERVICES

14.1 We may (at our discretion) deactivate or suspend (for such time as we may consider appropriate) your access to your Account and/or access to all/or part of the FinBoGo Services at any time if you are in breach of these Terms and if such breach can be remedied, fails to remedy the same when given a reasonable opportunity to do so.

14.2 We may also suspend your Account and/or your access to the FinBoGo Services:

• 14.2.1 to deal with technical problems, make technical changes or for maintenance;
• 14.2.2 to update the Platform and/or the FinBoGo Services to reflect changes in relevant laws and regulatory requirements.

15. CLOSING YOUR ACCOUNT

15.1 You can close your Account by adjusting the relevant settings within your Account.

15.2 On the deactivation of your Account, all licences and rights granted to you under these Terms shall immediately cease and automatically terminate and, while you will retain the ability to access the Platform and view available bookings, you will no longer be able to use the FinBoGo Services unless you reactivate your Account.

15.3 Deactivation and closure of your Account shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date your Account was closed, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination and any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after closure of your Account shall remain in full force and effect.

16. SUPPORT AND CONTACT

16.1 We can help you if you are having any issues with the Platform and we always welcome feedback from our users. If you need to get in touch with us, you can use any of the following methods:

16.2 If we need to get in touch with you, we will do so by email or an in-Platform notification.

16.3 While we always use reasonable efforts to ensure that your experience as a User of the Platform is a positive one, we nevertheless want to hear from you if you have any cause for complaint. All complaints are handled in accordance with our complaints handling procedure in force from time to time. If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided above.

17. GENERAL

17.1 Events outside our control. We shall not be deemed to be in breach of these Terms or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under these Terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

17.2 Assignment. 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 these Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

17.3 Entire Agreement. These Terms and any documents expressly referred to in them contains the entire agreement between you and us and supersedes and extinguishes any previous agreement, understanding, assurances, promises, warranties and representations between us (whether written or oral) relating to the subject matter of these Terms. You agree that you shall have no remedies in respect of any statement, representation, assurance, promise or warranty (whether made innocently or negligently) that is not set out in these Terms.

17.4 Third Party rights. No one other than us or you has any other right to enforce the Terms.

17.5 Waiver. Even if we delay in enforcing these Terms, 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 breach of these Terms, 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.

17.6 Severance. Each of the Conditions and sub-Conditions of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining Conditions and sub-Conditions will remain in full force and effect.

18. NOTICES

18.1 If we are providing notice to you, we shall send such notice to the email address registered to your Account. If you are providing notice to us, in connection with these Terms it shall be sent to us via your Account or by email to requests@finbogo.com.

18.2 Any notice shall be deemed to have been received the next working day.

18.3 This Condition 18 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

19. APPLICABLE LAW

19.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the English law.

19.2 You can bring proceedings in the English Courts or the:

• 19.2.1 Scottish Courts if you live in Scotland; or
• 19.2.2 Northern Irish Courts if you live in Northern Ireland.