Terms & Conditions

Introduction

The Folio app (the “App”) is a mobile platform that enables users (“you”, and “your”) to use the Folio service (the “Service”). The App is provided by Folio Technologies Limited (“we”“us”“Folio” and “our”), a company registered in the United Kingdom (Company No. 9035691) whose registered office is at 88 Baker Street, London W1U 6TQ, United Kingdom.

These Terms and Conditions (“Terms”), together with the Privacy Policy constitute a binding legal agreement that governs your access to, and use, of the Service. You should print or otherwise save a copy of this document for your records. You can find full versions of our Privacy Policy at https://www.folioltd.com/policy.

By using the App, you agree to be bound by these Terms and the Privacy Policy. Your usage creates a binding legal contract between you and us. If you do not agree to the Terms, please do not press to accept them and you will not be able to use the Service. To use the Service, you must be 18 or older.

Changes

We may occasionally make changes to the Service, these Terms and the Privacy Policy. If we do, we will notify you. By continuing to use the Service after we notify you, you are expressing acceptance of these changes. You will always be able to find the latest version of these Policies at https://www.folioltd.com/policy.

From time to time updates to the App may be issued. The App is currently available on the iOS and Android platform[s] and is available in the Appstore [and in the Google Play Store]. The requirements for these systems (as well as any other platform the App becomes available on) could change in the future and you may need to download the updates to the App in order for the app to continue functioning. Folio makes no guarantee that updates will be available or that the App will function with the iOS/Android version that you have installed on your device(s). By using the Service, you acknowledge that any system requirement, be it hardware or software, is your responsibility.

Your Use of the Service

By using the App or any of the Services, you consent to us collecting and using technical information about your mobile device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

We retain ownership of the Service and content and its associated intellectual property anywhere in the world, including, for the avoidance of any doubt, all trade marks, branding and get up.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

We grant you a non-exclusive, non-transferable right to use the Service’s features solely for your own personal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you by us in these Terms are reserved by us.

You agree: (a) that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the Service;
(b) not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
(c) to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
(d) not to attempt to allow any other person to use or access your account.

Privacy statement

Find our full Privacy Policy at https://www.folioltd.com/policy.

By using the App, you: (i) agree to be bound by our Privacy Policy; (ii) specifically consent to the data gathering of Personal Information (including Sensitive Personal Information), the analysis process of that data as specified in clauses 2 and 3 of the Privacy Policy; and (iii) attest to the fact that you have the legal right to enter into such an agreement on behalf of any individual (irrespective of their age) who will be subject to the App being active on your device’s profile.

By using the App or any of the Services, you consent to provide Biometric Data and for that Biometric Data to be processed by Folio (https://www.folioltd.com). Furthermore, by using the App you agree to also sign up for the Folio service. Folio makes it easier to be you online by safeguarding your personal information and putting you in charge of what you want to share when you transact with Folio enabled websites.

Certain Services will make use of location data sent from your mobile device. You can turn off this functionality at any time by turning off the location services settings for the App on your device. If you use these Services, you consent to us 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. You may withdraw this consent at any time by turning off the location services settings on your device.

Suspension and Termination

We may terminate these Terms and the Services and close your account at any time without notice.
You may stop using the Service at any time by closing your account.

We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.

At any time the Services are terminated by you or by us, you shall cease to be entitled to any benefits which you may have accumulated in using the App, such as discount codes. It shall be entirely at the discretion of the retailer or service provider offering the benefit as to whether the benefit will be honoured and this is not a matter within our control.

Limitation of Liability

DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, Folio AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Folio OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Folio AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS (WHETHER SUCH DAMAGE OR LOSSES WERE FORSEEN, FORESEEABLE, KNOWN OR OTHERWISE)

You agree to defend, indemnify and hold Folio, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
(a) the actions or omissions of other users of the Service;
(b) any indirect or consequential loss or damage, which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
(c) any violation by you of these Terms.
(d) any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).

You acknowledge that you are responsible for all use of the Service. You agree to comply with these Terms and to defend, indemnify and hold us harmless from and against any and all claims and demands arising from usage of the Service, whether or not such usage is expressly authorized by you.

You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.

Taking this into account, we give no warranty that your use of the Service will be uninterrupted or error free. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.

We warrant that we will we will provide the Service with reasonable care and skill.

Nothing in this clause 6 seeks to exclude any statutory rights that cannot be excluded by law.

Third party services

We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third party service providers.

Contacting Us

If you need to contact us, please email us at [email protected] or mail us at Folio Technologies Limited, 88 Baker Street, London W1U 6TQ, United Kingdom

Disputes

Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.

Other Important Legal Terms

We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.

If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.

The illegality, invalidity or unenforceability of any provision in these Terms will not affect the legality, validity or enforceability of the remainder of these Terms.

These Terms are not intended to give rights to anyone except you and us.

Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the Service.