Policies, Terms & Conditions
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Customer Terms and Conditions
Welcome to our website, www.ffrees.co.uk (the “Website”). If you choose to open a Ffrees Account through us, you will be able to operate it in accordance with these Customer Terms and Conditions and the Terms and Conditions relating to the Ffrees Account you have chosen. , You will also be able to use the Website to view promotions made available by our Partners through which you will be able make purchases of goods and/or services from those Partners and earn rewards on your purchases. We do not, and the Website itself does not, sell goods and/or services to you – by making the Website available, we allow you to connect to our Partners in order to purchase goods and/or services from them.
This webpage (together with the documents referred to on it) tells you the terms and conditions (these “Customer Terms”) on which you register on the Website to be able to earn rewards when you purchase goods and/or services from our Partners. Please read these Customer Terms carefully before submitting your details to the Website to open a Ffrees Account through us. You should understand that, by submitting your details to the Website to open a Ffrees Account, you agree to be bound by these Customer Terms and the Terms and Conditions relating to the Ffrees Account you choose.
You should print a copy of these Customer Terms for future reference.
If you have any comments or suggestions, we would be pleased to hear from you. To contact us just click on the Contact Us tab on the Ffrees website.
1. ABOUT US AND THESE CUSTOMER TERMS:
1.1 About us: “We”, “us” or “our” means U Holdings Limited, a company registered in England and Wales under company number 11898861 and with registered office at Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ.
1.2 These Customer Terms: These Customer Terms govern the way in which you will be able to use the Website to open a Ffrees Account and view promotions made available by our Partners through which you will be able make purchases of goods and/or services from those Partners and earn rewards on your purchases. By submitting your details to us to open a Ffrees Account through us you agree to be legally
1.3 Definitions and interpretation: In these Customer Terms:
1.3.1 “Additional Card Holder” as defined in separate Ffrees Account Terms and Conditions
1.3.2 “Contis” means Contis Financial Services Ltd, a company registered in England and Wales under company registration number 6085862 whose registered office is at Navigation House, Belmont Wharfe, Skipton, North Yorkshire, BD23 1RL who are the third party provider of Ffrees Cards, Ffrees Accounts and with whom we have a contractual relationship.
1. 3.3 “Event Outside Our Control” has the meaning given to it in Clause 15.2;
1.3.4 “Ffrees Points” or “Ffrees Points” means the rewards to which you become entitled to receive from us, under the terms of a promotion made available to you through us by one of our Partners, each time you purchase goods and/or services from those partners; each individual Ffrees Savings Point shall have the value of £1 and may be referred to in denominations of “ff”, so, for example, if you have 100 Ffrees Points, that may be referred to as “ff100”;
1.3.5 “Ffrees Account” or “Account” means the account established by Contis (and subject to terms and conditions put in place by Contis) in your name at your request, the payment into which by you enables you to use your Ffrees Card to purchase goods and services and earn rewards for such use, where there may be different levels of such account, available subject to different subscription criteria, through which you can earn different levels of rewards depending on the level of account for which you have subscribed;
1.3.6 “Ffrees Card” means a debit card made available by Contis, where the primary such card shall be issued to you when your application to open a Ffrees Account is accepted by us and Contis (subject to separate Ffrees Account Terms and Conditions);
1.3.7 “Ffrees Account Terms and Conditions” means the terms and conditions put in place by Contis from time to time relating to each level of Ffrees Account available at that time;
1.3.8 “Ffrees Account Holder” means a member of the public that applies through the Website to open a Ffrees Account;
1.3.9 “Partner” means a third party seller of goods and/or services that are listed on the Website as part of a promotion, with whom you can enter into a legally binding contract for the supply of such goods and/or services, and with whom we have a contractual relationship such that, for any such purchases that you make, we may issue to you rewards;
1.3.10 “Promotion” means a particular offer made available by one of our Partners to you, where you may purchase from that partner goods and/or services and receive rewards from us for such purchase;
1.3.11 “Relevant Transaction” means your completed purchase from a Partner of goods and/or services that are the subject of a Promotion and for which you may be rewarded with Ffrees Points;
1.3.12 “Services” means the services that may become available to you once you open a Ffrees Account through us, including the use of Ffrees Accounts, and Ffrees Cards, and the ability to make purchases in respect of Promotions and earn Ffrees Points;
1.3.13 “you”, “your” or “Ffrees Customer” means a member of the public that opens a Ffrees Account through us, by which:
220.127.116.11 that member of the public is able to purchase goods and/or services from our Partners under the terms of certain promotions;
18.104.22.168 that member of the public may earn rewards from us for making those purchases from those Partners;
22.214.171.124 such rewards shall be held by us;
1.3.14 references to “Clauses” are to clauses of these Customer Terms;
1.3.15 headings are for ease of reference only and shall not affect the interpretation or constructions of these Customer Terms;
1.3.16 when we use the words "writing" or "written", this will include e-mail (except in under Clause 15); and
1.3.17 references to “includes” or “including” or like words or expressions shall mean without limitation.
1.4 Copyright: These Customer Terms are our copyrighted material, and any use of these Customer Terms by third parties for commercial purposes is not permitted. We reserve the right to take legal action in respect of any infringements.
1.5 Changes to these Customer Terms: We reserve the right to amend these Customer Terms at any time. All amendments will be posted on the Website and you will be notified by email. Continued use of the Website will be considered to be an acceptance by you of the new Customer Terms.
2. YOUR STATUS
2.1. Your age and where you are: By applying to open a Ffrees Account through us you warrant that you are:
2.1.1. at least 18 years old; and
2.1.2. resident in the United Kingdom.
2.2. Additional Card Holder: By submitting an application for an Additional Card Holder, you warrant that the proposed Additional Card Holder is:
2.2.1. at least 13 years old; and
2.2.2. resident in the United Kingdom
3.1. Application: These Customer Terms shall apply to your opening of a Ffrees Account and your access to the Services to the extent that those Services are provided by us; where any Services are provided by a third party, that third party’s terms and conditions for the relevant part(s) of the Services shall apply. These Customer Terms also apply to any Additional Card Holder.
3.2. Acceptance: When you submit your details to open a Ffrees Account through us, this shall in any event constitute your unqualified acceptance of these Customer Terms. When an application is submitted for an Additional Card, that shall constitute your and the proposed Additional Card Holder’s unqualified acceptance of these Customer Terms. Nothing in these Customer Terms shall affect your or any Additional Card Holders’ statutory rights.
3.3. Any other terms: These Customer Terms shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether orally, in writing or by email, are expressly waived and excluded.
3.4. Changes: No other terms or changes to these Customer Terms shall be binding unless agreed in writing by us.
4. THE WEBSITE AND EARNING FFREES POINTS
4.1. What the Website does: By operating the Website, we introduce you to our Partners, and, following such an introduction, you have the opportunity to purchase goods and/or services from those Partners and be rewarded with Ffrees Points.
4.2. Earning Ffrees Points: We award Ffrees Points to you when a Partner tells us that you have completed a Relevant Transaction with them. The number of Ffrees Points that you can earn from a Relevant Transaction is dependent on our agreement with the relevant Partner and the type of Ffrees Account that you have at the time of the Relevant Transaction. If you do not have a Ffrees Account, you cannot earn Ffrees Points. The Ffrees Points for which you are eligible can be viewed at the Website.
4.3. Pending Ffrees Points and confirmed Ffrees Points: Ffrees Points with which you have been rewarded will appear in the Ffrees Account section of the Website as ‘Pending’ Ffrees Points when we are informed by the relevant Partner that you have entered into a Relevant Transaction. The Website will show ‘Confirmed’ Ffrees Points after a certain period, normally up to 90 days following your completion of a Relevant Transaction and the relevant Partner has confirmed to us that the Ffrees Points should be confirmed; this period allows for the completion of any returns or refunds that may be made in relation to the products and/or services that you have purchased. In certain circumstances such as an offer from a Partner that requires a regular monthly payment or where you have signed a contract, a Partner may have a longer claw-back period, and in such circumstances Ffrees Points may not be confirmed until that longer period has ended.
4.4. Our role: We act as an introducer of you to Partners by listing Promotions on the Website. If you are interested in any of the Promotions, you should click on the relevant hyperlink in the Promotion, and in doing so you shall be able to access further information about the Promotion. We have no obligation to record Ffrees Points on the Ffrees Account section of our Website. We do not award Ffrees Points to you unless we are instructed to do so by the relevant Partner and, subject to Clause 13.1, we shall not have any liability if a Partner fails to instruct us to award Ffrees Points to you following the completion of a Relevant Transaction.
4.5. What we do not do: We do not provide, and nor do we purport, represent or offer to provide, any of the goods and/or services included in any of the Promotions on the Website. Our role does not extend beyond introducing you to Partners.
4.6. Ownership of Ffrees Points: Ffrees Points are not your property until they are withdrawn in accordance with Clause 6.
5. OPENING A FFREES ACCOUNT
5.1. Need to open a Ffrees Account: You may browse the Website without opening a Ffrees Account through us, but, to access the Services, you must open a Ffrees Account through us.
5.2. If you have not opened a Ffrees Account: If you have not opened a Ffrees Account, in order to access the Services, you will need to open a Ffrees Account through us on the Website. To open a Ffrees Account, you need to supply us with your name, date of birth, email address, address, telephone number(s), a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website. You should select your Ffrees Account type from those available at the time you apply.
5.3. Valid email address: You must provide us with a valid personal email address that you access regularly, so that, amongst other things, administration emails can be sent to you. Any Ffrees Accounts with someone else’s email address or with a temporary email address may be closed.
5.4. Verification of email address: We will need to verify the email address that you supply to us once you have submitted your details to us, and we will email that address with a message containing a hyperlink to validate your application if you do not validate your application using that hyperlink, you will not have completed the application process and you may need to apply again in order to access the Services. We may also require you to validate your email address if we believe that you have been using an invalid email address.
5.5. Acceptance of registration: We may accept or reject your application for a Ffrees Account at our absolute discretion. Your application may not be successful if we are unable verify your identity at the address you have provided to us.
6. FFREES POINTS
6.1. Ffrees Points: Ffrees Points with which you have been rewarded will be shown in the Ffrees Account section of the Website in accordance with Clause 4.3. Ffrees Points remain the property of U Holdings Limited until they have been released to you in accordance with this Clause 6.
6.2 Transferring Ffrees Points to your Ffrees Account: Every month, we shall transfer the value of your confirmed Ffrees Points to your Ffrees Account, at a date chosen by us. The Ffrees Points transferred will have an equivalent rate of £1.00 for each Ffrees Savings Point. If you have not earned any confirmed Ffrees Points no transfer will be made. If, exceptionally, you do not have a Ffrees Account, you may request us to send you a cheque, which we shall do, having deducted £2.50 to cover administration expenses.
6.3 No other use: Other than as set out in these Customer Terms, neither Ffrees Points nor any equivalent cash value are transferable by you, except in accordance with Clause 6.4
6.4 Additional Card Holders: When you have Additional Card Holders, each Additional Card Holder will have their Ffrees Points held by us in your name and will be shown in the Frees Account section of the website. All Ffrees Points shown in the Ffrees Account section of the website in your name will be transferred to the Ffrees Account in your name each month.
7. FFREES AND REGULATED FINANCIAL SERVICES
7.1 Regulated financial services: Some of our Partners (“Regulated Partners”) provide services which constitute regulated activities for the purposes of the Financial Services and Markets Act 2000 and the FCA Handbook. We act as an “Introducer Appointed Representative” (as defined in Section 12.2.8 of the Supervision Handbook of the FSA Handbook) to some of the Regulated Partners of users of the Website that register with us and, as such, our role in respect of these Regulated Partners is strictly limited to:
7.1.1 effecting such introductions to Regulated Partners or other members of their respective corporate group; and
7.1.2 listing Promotions on the Website which relate to the products and/or services available from or through certain Regulated Partners or other members of their respective corporate groups. Where we are acting as an Introducer Appointed Representative in connection with a Regulated Partner, we shall say this on the Website in relation to that Regulated Partner and the Promotions that may be made available by it.
7.2. Ffrees Accounts and Ffrees Cards
7.2.1 Application for a Ffrees Account is subject to the separate Ffrees Account Terms and Conditions relevant to the level of Ffrees Account for which you are subscribing. The Ffrees Account and the Ffrees Card enable you to make certain purchases from our Partners and be rewarded with Ffrees Points
7.2.2 The Ffrees Card and Ffrees Accounts are managed by Contis, which is also one of our Partners and may make Promotions available to you through the Website.
7.2.3 The different levels of Ffrees Account are set out on the Website, and we may increase or decrease the number of such levels, and the specifications of such levels, from time to time. Each level of Ffrees Account and Ffrees Card is subject to the Ffrees Account Terms and Conditions relevant to that level.
7.2.4 You may upgrade your Ffrees Account at any time by logging in to the Website and following the steps set out there. We will action your request, and your Ffrees Account upgrade will take effect, on the date you have selected for the upgrade to occur. If you choose to upgrade your package in between billing cycles, the monthly management fee for the upgraded Account will be calculated pro rata. Some levels of Ffrees Account may be subject to monthly fees and different charges, which are listed on the Website and in the relevant Ffrees Account Terms and Conditions, and which may change at any time. We shall email you about any such change and give you 60 days’ notice before such change takes effect. If you disagree with any such change, you may exercise your right to terminate under Clause 13.2
7.2.5 You may downgrade your Ffrees Account by logging in to the Website and following the steps set out there. We will action your request, and your Ffrees Account downgrade will take effect, on the date you have selected for the downgrade to occur. You will be subject to the tariff of charges (if any) for your new selected Ffrees Account from the time at which the downgrade takes effect.
7.2.6 By upgrading or downgrading your Ffrees Account you accept that there is a period of 30 days following this change before you have the option to change your Ffrees Account again,
7.2.7 If you fail to pay any amount due under the Ffrees Account Terms and Conditions, including any monthly subscription fees that you agree to pay in subscribing for a particular level of Ffrees Account, your level of Ffrees Account may be downgraded.
8.1 Information about a Promotion: In order to find out more information about a Promotion, you must click on the hyperlink text of the Promotion, which will take you to the relevant webpage of the Partner in respect of that Promotion. If you have not registered with us and you click on that hyperlink, you will be taken to a webpage asking you to register with us.
8.2 Content of Promotions: We are not responsible for the information provided on the Website in respect of Promotions; this information has been provided to us by the relevant Partner. Subject to Clause 12.1, we shall have no liability in respect of such information and we make no representation, warranty or undertaking to you or any Additional Card Holder in respect of such information.
8.3 Introduction only: Once we have introduced you to a Partner in respect of a Promotion in accordance with Clause 8.1, we shall play no further part in the relationship and communication between you and the Partner. However, as part of the Terms and Conditions of a specific Promotion, you may authorise us to share some or all of your Ffrees Account and transaction information with the Partner. Following that introduction, you and/or an Additional Cardholder will need to complete a Relevant Transaction, using a valid Ffrees Card as necessary, in order to be rewarded with Ffrees Points, where such reward is subject to that Partner’s terms and conditions relating to that Promotion. We will not be a party to, nor, subject to Clause 13.1, have any liability under or in respect of, any agreement entered into between you and a Partner in respect of a Promotion, and we will not be responsible for assisting you with the negotiation, administration or processing of any such agreement. You will be responsible for the payment of any amounts due to a Partner.
8.4 Partner terms and conditions: By clicking on the hyperlink on the Website in respect of a Promotion made available by a Partner, or, if earlier, by entering into a Relevant Transaction, you agree to the terms and conditions of that Partner.
8.5 Promotion withdrawal: A Promotion may be withdrawn or amended by us or the relevant Partner at any time.
8.6 Currency: All monetary amounts included in any Promotions shall be in Pounds Sterling unless otherwise indicated.
8.7 Complaints relating to Relevant Transactions: Any complaints as to the quality of the goods and/or services purchased pursuant to a Promotion must be directed to the relevant Partner from whom you purchased such goods and/or services.
8.8 Changing our Partners and Promotions: We reserve the right to change our Partners and the Promotions listed on the Website at any time and without notice to you.
9. FEES AND CHARGES
9.1 Charges: Access to certain Services and parts of them, where they are provided by third party providers, may have charges attached to them. Please check the terms and conditions of those third party providers, particularly the Ffrees Account Terms and Conditions relating to the different levels of Ffrees Account.
10. INFORMATION AND NEWSLETTERS
10.1 Our mailing list: When you register with us on the Website, we will add your details to our mailing lists to send you details of products or services provided by us or our Partners that we think will be of interest to you. Our use of your personal data shall be in compliance with our Privacy and Cookies Policy.
10.2 Unsubscribing from our mailing list: When we contact you in accordance with Clause 10.1, we will give you relevant information so that, if you want to, you can unsubscribe from our mailing list. Alternatively, to unsubscribe you can login at our Website and follow the instructions.
11. YOUR OBLIGATIONS
11.2 Login details: When you open a Ffrees Account through us, you will be asked to create a password for accessing your Ffrees Account and other services available when you login. You must keep that password confidential and notify us immediately if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or the Services or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your registration and the Services that can be access through it. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
12. LIMITATION OF LIABILITY
12.1 Liability that we do not limit: Nothing in these Customer Terms shall exclude or limit:
12.1.1 our liability for (i) fraud (ii) death or personal injury caused by our negligence; or (iii) any other liability which cannot be excluded or limited by applicable law; or
12.1.2 your statutory rights as a consumer.
12.2 Our liability: We will only be liable to you if you suffer a loss as a result of our breach of these Customer Terms. If you suffer a loss as a result of our breach of these Customer Terms, our entire liability will be to credit you with any Ffrees Points that:
12.2.1 should have been credited in accordance with these Customer Terms but were not so credited; or
12.2.2 were wrongly deducted
12.3 Our disclaimer: We are not selling goods and/or services to you through the Website; rather, the Website is a forum through which you can connect with Partners, view Promotions and undertake a Relevant Transaction, thereby earning Ffrees Points. Subject to Clause 13.1:
12.3.1 we shall accept no liability in relation to Ffrees Cards and Ffrees Accounts, which are provided by Contis. The Ffrees Accounts Cards are subject to separate terms and conditions;
12.3.2 we shall accept no liability in relation to any goods and/or services you purchase from a Partner or in relation to any Relevant Transaction;
12.3.3 we do not warrant, and exclude all liability in respect of, the accuracy, completeness or legality of any information accessed through the Website in relation to Promotions; that information is provided to us by the relevant Partner; and
12.3.4 you should not rely on any information access through the Website to make a purchasing decision in relation to a Promotion; you should make your own enquiries before forming your own opinion and taking any action based on any such information.
13.1 Amendment and Removal of the Website: We may change or remove the Website or any part of it, change or remove the Services, or change or stop issuing Ffrees Points at any time at our absolute discretion, with immediate effect. Without notice to you, subject to your Ffrees Account Terms and Conditions, we may advise Contis to terminate your Ffrees Account at any time without notice to you if we have reason to believe that:
13.2.1 you are under 18 years’ of age;
13.2.2 an Additional Card Holder is under 13 years’ of age;
13.2.3 you are not resident in the United Kingdom;
13.2.4 an Additional Card Holder is not resident in the United Kingdom.
13.2.5 your email address that you provide to us is not valid;
13.2.6 there has been fraud or misuse of your Ffrees Card or Ffrees Account, if we have any other security concerns or we need to do so to comply with the law. If we do this, we will tell you as soon as we can or are permitted to do so. In these circumstances, you must tell us what you want us to do with any unused funds within 3 months of the date we tell you that your Ffrees Card and Ffrees Account is cancelled. We may also advise termination of the Ffrees Account of any Additional Card Holder
13.3 Event Outside Our Control: We may terminate your registration with us in accordance with Clause
13.4 Termination by you: You may request termination of your Ffrees Account through us at any time by emailing us at firstname.lastname@example.org or such other email address as we may list on the Website from time to time. We shall transfer any confirmed Ffrees Points to your Ffrees Account before it is closed.
13.5 Rights and remedies: Termination of your Ffrees Account shall be without prejudice to any accrued rights or remedies of either us or you.
13.6 Following termination: Following termination of your Ffrees Account for any reason, you will not be able to access our Services or use the Ffrees Card or Ffrees Account or receive payment for any Ffrees Points, or in general access any of the Services. 14.7 Clauses surviving termination: Clauses 1, 3, 9, 12, 13.5, 13.6, 13.7, 14, 15.4, 16 and 18 shall survive termination of the registration with us for any reason.
14.1 Giving a notice: Any notice given to either us or you by the other under or in connection with these Customer Terms shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.
14.2 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 14.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
15. EVENTS OUTSIDE OUR CONTROL
15.1 No liability: Subject to Clause 12.1, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Customer Terms that is caused by an Event Outside Our Control.
15.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under these Customer Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under these Customer Terms, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.
15.4 Cancellation following an Event Outside Our Control: You may cancel your registration with us if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.
We value your satisfaction with the Website and your registration with us. You may contact us at any time using the contact details given at the beginning of these Customer Terms. We will try to address any concerns you may have as soon as reasonably possible and we will contact you when we receive any relevant enquiry or complaint from you.
17. DATA PROTECTION
Please see our Privacy and Cookies Policy which forms part of these Customer Terms.
18.1 Contact: We will correspond with you to the email address you provide to us as part of the registration process, or as subsequently amended by you at our Website. If you wish to contact us, you should email us at email@example.com or such other email address as we may list on the Website from time to time.
18.2 Third party rights: A person who is not us or you shall not have any rights under or in connection with these Customer Terms.
18.3 Transfer by you: These Customer Terms are personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, these Customer Terms or any right, benefit or interest under them, nor transfer, novate or sub-contract any of your obligations under them, without our prior written consent (such consent not to be unreasonably withheld or delayed).
18.4 Transfer by us: We may transfer our rights and obligations under these Customer Terms to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under these Customer Terms.
18.5 Waiver: If we fail to insist that you perform any of your obligations under these Customer 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Severance: Each of the provisions of these Customer Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
18.7 No partnership: Nothing in these Customer Terms shall constitute a partnership or employment or agency relationship between us and you.
18.8 Governing law: These Customer Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
18.9 Jurisdiction: You submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Customer Terms or their subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction
Ffrees Account Terms & Conditions
These Terms & Conditions apply to your Ffrees Account and Ffrees Visa Debit Card. Please read them carefully. You can download a copy of these Terms & Conditions at any time from our website(www.ffrees.co.uk).
If you have any questions you can contact Customer Services by:
- Telephone: 0333 202 3640 (calls are charged at standard geographic rates);
- Online: log in to your Ffrees Account at www.ffrees.co.uk and click on Help to send us a secure message. If you do not have a Ffrees Account just click on the Help option on the Ffrees website
- Post: 1st Floor, Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL.
Your Ffrees Card is issued by Contis Financial Services Limited, Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL, which is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered number 900025) as an e-money issuer.
What is a Ffrees Account and Card?
A Ffrees Visa Card (“Ffrees Card”) is a Visa Debit Card that can be used worldwide wherever Visa is accepted. It can be used online or offline, to pay for something or withdraw cash from an ATM.
You can use your online Ffrees Account to make transfers to other bank accounts and set up standing orders.
You can only spend money that you have paid into your Ffrees Account, so before making transfers or using your Ffrees Card you need to make sure there are enough funds in your Ffrees Account. Monies in the Ffrees Account are not bank deposits and do not earn interest.
Who can apply for a Ffrees Account?
You must be at least 18 years old and a UK resident to apply for a Ffrees Account and be issued with a Ffrees Card.
Can I order an extra Ffrees Card on my account for someone else?
You can request another Ffrees Card for an additional cardholder and you may be charged a fee as detailed in the Fees and Limits table (section 33). Additional cardholders must be at least 13 years old. By requesting an additional cardholder, you agree for us to issue them a card and for them to authorise transactions on your behalf. The additional cardholder shares the balance on the Ffrees Account.
You agree to honour all transactions carried out by any additional cardholder and that you will be responsible for the use of the additional card and for any applicable fees and charges the additional cardholder may incur.
How can I apply for the Ffrees Account?
You can apply on our Website (www.ffrees.co.uk ).
Before we can open a Ffrees Account for you and issue you a Ffrees Card we may require evidence of your identity and residential address and we may also need to carry out checks on you electronically.
How do I get started?
As soon as you receive your Ffrees Card you must sign the signature strip on the back.
You will then need to activate your card. You can do this:
- by logging into your Ffrees Account; or
- by calling our Customer Services team on 0333 202 3640 and choosing option 2.
You also need to obtain your PIN to authorise chip-and-pin transactions and ATM withdrawals. You can get your PIN by calling Customer Services when you activate your Ffrees Card or through your Ffrees Account.
By activating your Ffrees Card you are agreeing to these Terms & Conditions. Your Ffrees Card must be activated within 3 months of it being issued or it will be automatically cancelled and your Ffrees Account will be closed.
If you have ordered a Ffrees Card for someone else, it is your responsibility to give them the information required to activate the Ffrees Card and retrieve the PIN. If they start using the Ffrees Card we will take this as confirmation that you have communicated these Terms & Conditions to them and that they have accepted them.
What if I want to change my PIN?
If you want to change your PIN, you can do so at any ATM with the Visa logo in the UK. You can get a reminder of your PIN through your Ffrees Account at www.ffrees.co.uk or by calling Customer Services.
How do I pay-in to my Ffrees Account?
You may pay in to your Ffrees Account by cash at selected retail outlets, transfers from a bank account, using your existing UK issued debit card and any other method notified on our website from time to time. You cannot pay into your Ffrees Account by a balance transfer from a credit card. You may only pay in funds up to your maximum account balance.
A fee may apply for each payment into your Ffrees Account through a PayPoint retailer or using a debit card, please refer to the Fees and Limits table (section 33). Certain minimum and maximum limits and usage requirements apply to your Ffrees Account and Ffrees Card; such limits and requirements are detailed in the Fees and Limits table. We reserve the right to refuse to accept any particular payment if we suspect any fraudulent activity or in the event of other exceptional circumstances.
When you pay in, the funds will be credited to your Ffrees Account at the times set out in the Website for the different ways you can pay in.
There may be occasions when we delay the funds reaching your Ffrees Account for up to three working days, this may happen when you first pay in to your Ffrees Account with a new debit card or where we need to confirm the transaction with the sending bank.
You may transfer funds to your Jam Jars within your Ffrees Account, details are available at the Website (www.ffrees.co.uk).You are responsible for ensuring there are enough funds in your available balance for us to authorise your transactions or enough funds in your Jam Jars to pay any future standing orders you have set up.
You can request to receive an SMS notification when funds are paid in to your Ffrees Account, a fee applies, please refer to the Fees and Limits table (section 33).
How do transactions work?
The first step will be to follow the instructions of the merchant or ATM to authorise a transaction. A transaction is authorised when you:
- enter your PIN or provide any other security code;
- sign a sales voucher;
- provide your Ffrees Card details and/or any other details as requested; or
- wave or swipe the Card over a card reader.
Like other payment cards, we cannot guarantee a retailer or ATM will accept your Ffrees Card.
As soon as a transaction is authorised we will deduct the value of your transaction from the balance on your Ffrees Account. At the same time we will deduct any fees that apply to the transaction. See the Fees and Limits table (section 33) for more information.
Once we have received authorisation for a transaction we will transfer funds to the retailer within 3 days. A transaction will be received as follows:
- for purchases and ATM transactions, at the time we receive the transaction instruction from the retailer or ATM operator;
- for other transactions that are communicated directly to us, at the time you ask us to complete the transaction or if after 2.30pm for same day bank transfers (CHAPS) and 5pm for other bank transfers the instruction will be deemed to have been received by us on the following business day.
Can I cancel a transaction I have made?
Generally, authorisation for a transaction may not be withdrawn by you. However, you may be able to withdraw your authorisation where you have authorised a transaction which will take place on a future date. In this situation, to withdraw your authorisation, you must notify the retailer before the close of business on the business day before the day on which the transaction was due to take place and provide us with a copy of the notice. We may charge you an Administration Fee if a transaction is revoked by you under this paragraph (see the Fees and Limits table (section 33)).
Can I pay for things in a foreign currency?
Your Ffrees Card is denominated in British Pounds Sterling. If you make a purchase or an ATM withdrawal in any other currency we will convert the sum into Pounds Sterling using the exchange rate set by Visa on the day they process the transaction. An international transaction fee will apply to each of these transactions (see the Fees and Limits table (section 33).
Any changes to the exchange rate used to convert foreign transactions will be made immediately. You can find the exchange rate for a transaction made in a currency other than British Pounds Sterling on a given date at: http://www.visaeurope.com/en/Cardholders/exchange_rates.aspx.
Is there anything I can’t buy with my Ffrees Card?
You may not use your Ffrees Card for illegal purposes. It also cannot be used for a limited number of specified transactions. Please see our website for details.
How can I check my Ffrees Account?
You can check your Ffrees Account by accessing it through our website (www.ffrees.co.uk). Your statement will show:
- information on the payee of each transaction;
- the amount of the transaction shown in the currency in which the transaction was paid or debited to the account;
- the amount of charges for the transaction; and
- the date the transaction is authorised or posted on to the account.
Paper statements are available on request and are subject to a fee (see the Fees and Limits table (section 33).
You can also choose to use our SMS service to request your balance on your mobile phone and set-up SMS notifications for when money is paid in to your Ffrees Account and when you have made a purchase or ATM withdrawal. Additional SMS services will be set out on our website when they become available. The SMS balance for registered cardholders is 07770 500500; standard mobile phone charges apply and a fee is charged for each SMS message that we send. Please refer to the Fees and Limits table (section 33). You agree that you have permission from the bill payer to access our SMS services.
How long will the Ffrees Card last?
Your card will be valid for 3 years. You will not be able to use your Ffrees Card after its expiry date. This agreement shall terminate when your card is cancelled or expires and is not replaced.
Does the Ffrees Card have spending limits?
You can only spend the money that is paid into your Ffrees Account. Limits also apply to daily ATM withdrawals, and other limits may be applied to the amount of spend and the number of transactions you can perform. See the Fees and Limits table (section 33) and our website for further details.
If, for any reason, the transaction is completed when there are insufficient funds on your Ffrees Account then you will have to reimburse the shortfall to us, unless it is due to an error by the retailer with whom you made the transaction.
We may collect this shortfall from any card you have with us or from any funds which you subsequently pay into your Ffrees Account. We may suspend your cards until the negative balance is restored and charge you an Administration Fee (see the Fees and Limits table (section 33) for transactions that you make using your Ffrees Card that results in a negative balance or increases the negative balance on your Ffrees Account.
What if I have been overcharged or charged for transactions I didn’t make?
We recommend that you check the balance and any recent transactions on your Ffrees Card regularly through your Ffrees Account or by contacting Customer Services on 0333 202 3640.
If you dispute a transaction that has been processed on your card you should contact the merchant first as this may lead to the quickest resolution. If the dispute cannot be resolved with the merchant you should contact us as soon as possible and at least within 13 months of the date of the transaction. We will refund the amount of any transactions that our investigations show were not authorised by you, provided you have acted with reasonable care, kept your card secure, not disclosed your PIN or security details to anyone else and not acted fraudulently. We may charge you an Administration Fee for charging the transaction back to the retailer through the Visa system.
You may be entitled to claim a refund in relation to transactions where:
- the transaction was not authorised under this agreement;
- we are responsible for a transaction which was incorrectly executed by us; or
- a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a supplier is more than you could reasonably have expected, taking into account normal spending patterns on the card or the circumstances of the transaction. A claim for a refund in these circumstances will not be accepted if the amount of the transaction was made available to you at least 4 weeks before the transaction date or if the claim is made more than 8 weeks after being charged to your account.
What about security?
You should treat your Ffrees Card like cash. If it is lost or stolen, you may lose some or all of your money on your Ffrees Card, in the same way as if you lost cash in your wallet or purse. Therefore, you must keep your Ffrees Card safe and not let anyone else use it. You must keep your PIN secret at all times; never disclose your PIN or security information to anyone. Security information includes your login and password details used to access your Ffrees Account or any other website where your Ffrees Card details are stored. We also recommend that you check the balance on your Ffrees Account regularly through logging onto your Ffrees Account or by contacting Customer Services.
What if my Ffrees Card is lost or stolen?
If you lose your Ffrees Card or it is stolen, or you suspect that someone else has found out your PIN or password, you must tell us immediately by calling us or logging onto your Ffrees Account and notifying us. Your card will be cancelled immediately. We run a dedicated line for lost or stolen cards; the number is 0333 202 3640 and calls are charged at the standard geographical rate. If, after reporting a lost card, you subsequently find the card you must not use it. Cut it in half through the signature box, magnetic strip and chip.
If you ask us to do so, and provided that you provide information and assistance that we request from you, we will investigate any disputed transaction or misuse of your card.
If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your card, security details or PIN secure or by failing to notify us without delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the card), then we will not refund the transaction amount and will charge you a fee of up to £50 for any loss we suffer because of the use of the card. If the investigations show that you have not acted fraudulently or with gross negligence, your maximum loss or liability to us for any unauthorised transaction will be limited to £50 and we will refund the amount of any transactions entered into after we receive your notification.
Will you ever block a transaction without me asking?
We may refuse to pay a transaction:
- if we are concerned about security of your Ffrees Card or Ffrees Account or we suspect your Ffrees Card or Ffrees Account is being used in an unauthorised or fraudulent manner;
- if sufficient funds are not paid in to your Ffrees Account at the time of a transaction to cover the amount of the transaction and any applicable fees;
- if there is negative balance on your Ffrees Account;
- if we have reasonable grounds to believe that you are not using the Ffrees Card or Ffrees Account in accordance with these Terms & Conditions;
- if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
- because of errors, failures (whether mechanical or otherwise) or refusal to process a transaction by merchants, payment processors or payment schemes such as Visa, BACS or CHAPS.
If we refuse a transaction, we will tell you why immediately, if we can, unless it would be unlawful for us to do so. You may correct any information we hold and which may have caused us to refuse a transaction by contacting Customer Services.
Can I close my Account and cancel my Ffrees Card?
You have a legal right to close your Ffrees Account and cancel your Ffrees Card up to 14 days from the date you apply for a Ffrees Account without incurring any penalty and we will refund any card issue fees. You can also close your Account and cancel your Ffrees Card any time after the 14 day period subject to a Redemption Fee (the Fees and Limits table (section 33) by contacting Customer Services. You should also cut your Ffrees Card in half through the signature box, magnetic strip and chip.
You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the Ffrees Card or Ffrees Account before the card is cancelled or expires.
Could my Ffrees Account be closed and Card be cancelled?
We may close your Ffrees Account and cancel your Ffrees Card and this agreement by giving you at least 2 months’ notice. Reasons for closure may include:
- if this agreement or your Ffrees Card expires;
- if you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner;
- if you act in a manner that is threatening or abusive to our staff, or any of our representatives; or
- if you fail to pay fees or charges that you have incurred or fail to pay back any negative balance on your card.
We may also close your Account and cancel your Card immediately if we:
- suspect fraud or misuse of your card;
- have any other security concerns; or
- need to do so to comply with the law.
If we close your Ffrees Account and cancel your Ffrees Card immediately, we will tell you as soon as we can if we are permitted to do so.
In these circumstances, you must tell us what you want us to do with any unused funds. You must do this within 3 months of the date we tell you that your Ffrees Account is closed and your Ffrees Card is cancelled.
Can I get money back once I have paid in?
You can clear the balance on your Ffrees Account through spending, ATM withdrawals, or transfers to other bank accounts. See the Fees & Limits table (section 33) for the fees that would apply.
Alternatively, you may request a refund of the funds on your Ffrees Account by contacting Customer Services and confirming that your Ffrees Card has been destroyed by cutting it up. We will transfer your funds back to you at no cost to you, unless:
- you are requesting redemption before termination or expiry of this agreement;
- you cancel this agreement before any agreed termination or expiry date; or
- you request redemption more than one year after the date of termination or expiry of this agreement.
If one of these situations does apply then we will charge a Redemption Fee (see the Fees and Limits table (section 33).
We will not redeem the value of the funds on your Ffrees Account to you if your request for redemption of the funds is more than six years after the date of termination or expiry of this agreement.
All funds will be returned to a bank account in your name. We reserve the right to see proof of your ownership of the bank account before transferring the funds to it. To enable us to comply with our legal obligations, we may ask you to provide us with certain information such as identification documents before we can process your refund request.
Please also refer to section 29 below for the circumstances in which we do not give you a refund.
Is money on my Ffrees Account protected like my bank account?
The Ffrees Card and associated Ffrees Account is an electronic money product and although it is a product regulated by the Financial Conduct Authority, it is not covered by the Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with the Ffrees Card and associated Ffrees Account. We will however ensure that any funds received by you are held in a segregated account so that should we become insolvent your funds will be protected against claims made by our creditors.
What if I have a complaint?
If you are unhappy in any way with your Ffrees Card and Ffrees Account or the way it is managed, you can contact Customer Services so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly.
If we are unable to resolve your complaint to your satisfaction you may contact the Financial Ombudsman Service at Exchange Tower, London, E14 9SR. Telephone: 0800 023 4 567 from landlines, 0300 123 9 123 from mobile phones or +44 20 7964 0500 for calls from outside the UK and e-mail: firstname.lastname@example.org.
What if I change my details?
You must let us know as soon as possible if you change name, address, telephone number, mobile number or email address. If we contact you in relation to your Ffrees Account we will use the most recent contact details you have provided to us. Any e-mail or SMS text message sent to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us.
What will happen to my personal information?
We will process and retain personal data in order to open, administer and run your Ffrees Account. We will transfer your personal data within our groups of companies and to other third parties in order to issue a Ffrees Card and run your Ffrees Account.
We will transfer your personal data, including details of your transactions, within our group of companies and to third parties who may distribute the card to you on our behalf, in order to carry out, monitor and analyse our relevant business. If we transfer your information to third parties outside the European Union we will take steps to ensure that the third party agrees to apply the same levels of data protection that apply in the UK.
If you have agreed, we or other third parties may also contact you to let you know about services that are of interest to you. You can contact us if you don’t want to receive any marketing materials from us or other third parties.
We may check personal information with fraud protection agencies and other organisations and we may get information about you from recognised agencies to verify your identity. A record of such enquiries may be left on your file. We will tell fraud prevention agencies if you give us false or inaccurate information and we suspect fraud.
We may monitor and/or record telephone calls we have with you to help us maintain and improve the quality of the service we provide to you.
Will these Terms & Conditions ever change?
We may change these Terms & Conditions by notifying you by e-mail or other agreed means at least 60 days before the change is due to happen. We will assume that you agree with the change. If you do not agree with the change you must tell us before the change happens and we will close your account immediately. If you close your Account and cancel your Ffrees Card in this way then we will return any balance on the card to you and you will not be charged a Redemption Fee.
An up-to-date version of the Ffrees Account Terms & Conditions, as well as any notices of future changes will always be available on our website, www.ffrees.co.uk . You should check our website regularly for such notices and changes.
When may use of the Ffrees Card and Ffrees Account be interrupted?
From time to time, your ability to use your Ffrees Card or Ffrees Account may be interrupted, e.g. when we carry out maintenance. If this happens, you may be unable (a) to use your Ffrees Card to pay for purchases or obtain cash from ATMs and/or (b) to obtain information about the funds available in your Ffrees Account and/or about your recent transactions.
In addition, like other payment cards, we cannot guarantee a merchant will accept your Ffrees Card, or that we will necessarily authorise any particular transaction. This may be because of a systems problem, something outside our reasonable control, to comply with legal and regulatory requirements, or because we have suspended, restricted or closed your Ffrees Account and your Ffrees Card or refused to replace it in accordance with these Terms & Conditions.
What is our responsibility?
If we incorrectly deduct funds from your Ffrees Account, we will refund them. If unauthorised transactions occur after you have notified us of the loss, theft or unauthorised use of your Ffrees Card or Ffrees Account, and you have not acted fraudulently or in breach of these Terms and Conditions, then we will be liable.
We will not be liable:
- in any event that a merchant refuses to accept your Ffrees Card;
- for refusing to authorise a transaction;
- for closing or suspending use of your Ffrees Card or Ffrees Account;
- for any loss arising from your inability to use your Ffrees Card or access your Ffrees Account due to interruptions;
- for any direct or indirect loss or damage you may suffer including loss of revenue, goodwill, opportunity or anticipated savings as a result of your total or partial use or inability to use your Ffrees Card or Ffrees Account or the use of your Ffrees Card or Ffrees Account by any third party (unless otherwise required by law);
- for the quality, safety, legality or any other aspect of any goods or services purchased with your Ffrees Card.
For the SMS services we offer, we are not responsible for lost, late or undelivered text messages, notifications or communications. We accept no responsibility for any technical, computer, online, telephone, cable, electronic, software, hardware, transmission, connection, internet, website or other access issue which may hinder your ability to access the SMS services.
When can I be charged (other than the fees in section 33)?
We may charge you for any reasonable costs that we incur in taking action to stop you using your Ffrees Card or Ffrees Account and to recover any monies owed as a result of your activities if you:
- use your Ffrees Card or Ffrees Account fraudulently;
- do not use your Ffrees Card or Ffrees Account in accordance with these Terms & Conditions; or
- have been grossly negligent, for example by failing to keep your Ffrees Card or PIN secure or by failing to notify us without delay after your Ffrees Card is lost, stolen, or used by someone else.
In these circumstances we will not refund transactions and we reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using your Ffrees Account and to recover any monies owed as a result of your activities.
If you have not been fraudulent, or grossly negligent, and have used your Ffrees Card and Ffrees Account in accordance with these Terms & Conditions, your maximum liability for any unauthorised transactions before you notify us will be £50.
Who is the data controller?
Contis Financial Services Limited is a data controller of your personal data and will always process your personal data in accordance with the Data Protection Act 1998.
Can I assign my rights or obligations under these Terms and Conditions?
You may not transfer or assign any rights or obligations you may have under these Terms & Conditions to any other person without our prior written consent. We may assign the benefit and burden of these Terms & Conditions to any other person at any time on giving you two months prior notice of this. If we do this, your rights will not be affected.
This Agreement is concluded in English. All communications with you will be in English. These Terms & Conditions will be construed in accordance with English law and the exclusive jurisdiction of the English courts.
What are the fees and limits?
All current Ffrees Current Accounts are listed below, any previous current accounts that are not listed in the below list are no longer on sale. If you currently have a Ffrees Current Account that is not listed below and you decide to choose one of the below products you agree to these Ffrees terms and conditions and that you cannot change your account to a Ffrees product that is not in the below list.
UK Debit card transactions- this is a charge for any UK transaction where you pay for something using your Ffrees Card. The UK debit card transaction charge will be applied to all UK debit card payments regardless of how the transaction takes place (e.g. online, over the phone or in-store). This charge only occurs when you pay for things using your Ffrees Visa Debit card and does not apply to ATM withdrawals or other account related transactions. Please refer to the below pricing for information on non UK transactions.
Transaction Charges(Includes ATM withdrawals, BACs Payments, Non UK debit card transactions
50p (Freebie option of either 10 free ATM or free BACS)
10 free ATM Withdrawals (25p thereafter), Free BACs payments out.
*£2 dormancy fee will be charged on accounts that have been inactive for 60 days
Below is a list of all other charges and limits which is the same charge regardless of which Ffrees Current Account you have chosen:
Next-Day Payment Out
Pay in with PayPoint (Per Transaction)
Debit Card Payment In
Non-UK ATM withdrawals
Non-UK Foreign Currency Exchange Rate
Standard International Payment Out
Urgent International Payment Out
Lost/Stolen or Damaged Cards
Account Closure/Fee Redemption
Maximum Account Balance £8,000 Minimum Payment In £10 Maximum PayPoint Payment In £249 per transaction Maximum Payment In using Debit Card £300 daily
£500 per week
£2000 per month
Ffrees Card Expiry Your Ffrees Card is valid for 36 months ATM withdrawal limit £250
Please note that some ATM providers may charge an additional fee and should advise you before you confirm the transaction.
Standard operator SMS charges apply for balance requests and additional charges may apply to receive SMS information outside of the UK.
- Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.
YOUR USE OF THE WEBSITE
You shall not use the Website for, or send to the Website, anything which, in any way:
- is not in our best interests;
- involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
- is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;
- is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;
- is misrepresentative or impersonates another person or organisation;
- is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue;
- is not accurate or outdated; or
- If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
- We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
- You shall comply at all times with our instructions for use of the Website.
- You shall not use the Website for, or send to the Website, anything which, in any way:
AVAILABILITY, ACCURACY AND SECURITY OF THE WEBSITE
- The Website is made available free of charge.
- The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
- From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
- We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 4.1 below, we shall not have any liability if the Website is unavailable for any period or at any time.
- Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
- We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
- We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
- It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website, and, subject to paragraph 4.1 below, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
- Subject to paragraph 4.1 below, we shall not have any liability for the actions of third parties.
- We accept liability for:
- death or personal injury caused by our negligence;
- our fraudulent misrepresentation; and
- any other liability that we cannot exclude or limit at law.
- Subject to paragraph 4.1 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific customer (which shall be governed by separate contractual terms of engagement):
- our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) in relation to your use or inability to use of, or delay in use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material, shall be £100; and
- we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any:
- indirect or consequential losses, damages, costs or expenses;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of use of money;
- loss of anticipated savings;
- loss of revenue;
- loss of goodwill;
- loss of reputation;
- loss of business;
- ex gratia payments;
- loss of operation time;
- loss of opportunity;
- loss caused by the diminution in value of any asset; or
- loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred.
- For the avoidance of doubt, 126.96.36.199 to 188.8.131.52 (inclusive) of this paragraph 4.2.2 apply whether such losses are direct, indirect, consequential or otherwise.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
- We accept liability for:
- We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- All names, logos and related names, design marks and slogan used by us are trademarks or service marks of us or our licensees.
- Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together "Materials") on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
- your use of the Website and any Materials is for your internal, personal, private use only;
- except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
- you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
- except as we expressly permit, you must not in any way modify any Materials on the Website;
- our copyright notice (e.g. © Frees Family Finance Limited 2016) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
- when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
YOUR ACCOUNT AND LOGIN DETAILS
- You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.
- When you choose a username, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- You should not choose a password which can be guessed easily. Minimum requirements for a password are stipulated on our website.
- If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.
- You shall be responsible for all use of the Website made under your login details.
- We may require that you change your password from time to time.
MARKETING and contact preferences
- When you register for the Website or subscribe for our mailing lists, you agree that we will be entitled to contact you according to your contact preferences, this includes via email, post, telephone, SMS, or by other electronic means such as via social and digital media. We may contact you in connection with:
- “Marketing” which includes updates about our business, products, services, and offers that may be of interest to you.
- “Account Updates” which include essential notices of information about the account, our business, or service that are used to provide you with an account.
- Incomplete Applications” where you express interest in our services over the course of an account application, to follow up to market our account and similar services or request information about why you did not complete your registration.
- Our use of your personal data shall be in compliance with our Privacy and Cookies Policy.
- You can opt-out of Marketing by unticking the relevant box situated within your account’s contact preferences, unsubscribing in the electronic communication, or Contact Us and request this.
- We may need to contact you with essential Account Updates regardless of your Marketing preferences.
- You can opt-out of Incomplete Application messages by unsubscribing in the electronic communication, or Contact Us and request this.
- When you register for the Website or subscribe for our mailing lists, you agree that we will be entitled to contact you according to your contact preferences, this includes via email, post, telephone, SMS, or by other electronic means such as via social and digital media. We may contact you in connection with:
THIRD PARTY WEBSITES
- We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 4.1 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.
- Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
- We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
- you shall not establish a link to the Website on any website that is not owned by you;
- you shall not say anything that is false, misleading, derogatory or offensive about us or our services;
- you shall not make any warranties or representation about us or our services without our prior written consent;
- you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
- you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph 8.3, you agree that any such fee that you have received shall become immediately payable by you back to such third party. We reserve the right to withdraw this linking permission without notice.
- We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
Contis Financial Services Limited ("we", “us" or “our") is committed to protecting and respecting your privacy.
We will be the data controller of your personal data which you provide to us or which is collected by us about you. This means that we are responsible for deciding how we hold and use personal data about you and that we are required to notify you of the information contained in this policy. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
If you have any queries, you can contact us using the details provided at the end of this policy in the “Contacting Us" section.
Ensuring the lawful use of your personal data
We will only use your personal data where we have a lawful basis to do so. We will usually only use your data:
- where it is necessary for us to enter into and/or perform a contract with you (for example, to create your account and provide our services to you).
- in a way which might reasonably be expected as part of running our business and which does not materially impact your interests, rights or freedoms. For example, we might collect technical information about you when you visit our Website to improve your experience on our Website. Please contact us using the details below if you would like further information about this.
- to comply with our legal obligations. For example to pass on details of people who are involved in fraud and to carry out anti-money laundering checks.
- In some cases, where you have consented to us using your data, for example, where you subscribe to our email newsletter.
Further details of how we will use your personal data are provided below.
What information we collect from you and how we use it
When you apply to create an account
When you apply to create an account on our Website, we will need to collect the following details about you:
- Residential addresses (current and previous)
- Date of birth
- Email address
- Telephone numbers
- ID document numbers such as passport, driving licence or ID card.
We will use this information for the purposes of processing your application and, if your application is successful, creating and managing your account and providing any products or services you request to you. If you have consented, we will also send our newsletter to you by email.
You will not be able to apply to create an account or order products or services from us without providing this information.
Fraud and money laundering checks
In order to process your application and before we fulfil your order and provide services, goods or financing to you, we will use the information you provided to create your account to undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. This may involve sharing your personal data with fraud prevention agencies. We will continue to carry out these checks on a regular basis while you are a customer of ours.
When we and fraud prevention agencies process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
We, and fraud prevention agencies, may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk if:
- our processing reveals your behaviour to be consistent with that of known fraudsters or money launderers; or is inconsistent with your previous submissions; or
- you appear to have deliberately hidden your true identity.
You have rights in relation to automated decision making: if you want to know more please contact us using the details below.
Consequences of processing
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.
Other than the automated processing set out above, we shall not carry out solely automated decision-making using your personal data.
When you contact us
When you contact us, we will need to collect personal data about you to verify your identity before we disclose any information to you for data security purposes. We will be unable to deal with your query unless you provide the information we request. We may also collect any other personal data you choose to provide to us when communicating with us. We will only use that personal data for the purposes of dealing with your enquiry.
Other uses of our Website
We will also collect any other personal data that you provide to us when you use our Website, such as when you participate in discussion boards, social media functions or competitions.
Each time you visit our Website, we may automatically collect the following information:
- Technical information: including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, operating system and platform; and
- Information about your visit, including the URL clickstream to, through and from our site (including date and time); pages, resources and/or products you viewed or searched for; page response times, errors, length of visits to certain pages, page interaction, and methods used to browse away from the page.
When we communicate with you by email, we may automatically collect the following information:
- Information about your interaction with our emails, including whether you have opened the email, the number of times the email is accessed, and your interaction with email content including the links you have clicked.
We will use the above information in order:
- to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes to comply with our legal obligations;
- to improve our Website to ensure that content is presented in the most effective manner for you and for your computer / device;
- as part of our efforts to keep our Website safe and secure to comply with our legal obligations;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
- to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.
The information we receive from other sources
We are also working closely with third parties (including, for example identity verification agencies, marketing agencies and fraud prevention agencies) and we may receive information about you from them for the purposes of identity verification, marketing and fraud prevention.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will usually notify you and we will explain the legal basis which allows us to do so.
Disclosures of your information
We will disclose your information to:
- Fraud prevention agencies, identity verification services and other organisations for the purposes of preventing fraud and money laundering. For example, we share your personal data with CIFAS when we carry out our fraud prevention and anti-money laundering checks and if we suspect that you have committed fraudulent activity;
- Our group companies, for the purposes of processing transactions and providing services relating to your account;
- Third party service providers and agents, such as
- IT companies eg CHESS who provide local IT support for our UK offices;
- telephony companies eg PRS Telecom who provide our telephone systems;
- payment schemes eg Visa who are our card payment provider;
- card manufacturers eg TAG who are one of our approved card manufacturers;
- auditors eg ECSC who audit our compliance to PCIDSS standards
in order to allow us to manage our business and to provide the products and services to you.
- Other third parties, with your consent, who may contact you by email to provide you with information about their products and services which may be of interest to you. For example, People Value who provide our rewards programme on your account;
- In the event that we sell or buy any business or assets, to the prospective seller or buyer of such business or assets;
- If Contis Financial Services or substantially all of its assets are acquired by a third party, to the acquiring third party; or
- A third party if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property, or safety of Contis Financial Services Limited, our customers or others.
Protecting your information
Your data is secured by encryption, firewalls and Secure Socket Layer (SSL) technology. This is industry standard encryption technology which manages the security of messages transmitted across the internet. When we receive your data, we store it on secure servers which can only be accessed by us. We store your passwords using one way encryption which means we do not know what your password is.
Storing your data within and outside the EEA
Our third party data host provider uses servers located in the US to store personal data. As a result, when you use our Website, your personal data will be transferred to the US which is located outside of the European Economic Area and so is not governed by European data protection laws.
However, we have entered into the standard contractual clauses (Model Clauses) adopted by the European Commission with OrcsWeb Inc, in order to safeguard personal data when it is accessed from outside of the European Economic Area (article 46 of the GDPR).
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy when it is transferred, stored or processed in this way.
Whenever fraud prevention agencies transfer your personal data outside of the European Economic Area, they impose the standard contractual clauses (Model Clauses) adopted by the European Commission on the recipients of that data in order to safeguard personal data when it is accessed from outside of the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.
More information about the Model Clauses is available here http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087.
If you connect or integrate any social media services with services we provide, you may receive social notifications either from us or from third party companies providing social media services on our behalf. You can manage these social notifications through changing your privacy settings on the relevant social media site or discontinuing any interaction. If you register and provide information to a forum or blog on our Website, the information you provide will be published and will be publicly available on our Website. It may also be used to address any concerns or complaints about our services directly with you if you are an account holder.
Any changes we make to our policy will be put on our Website, where appropriate, notified to you by e-mail. Please check for updates from time to time.
Retention of your Data
We will retain your personal data for as long as you continue to use our services. Thereafter, we may retain your information for an additional period as is permitted or required under applicable laws. For example:
- If you hold an account with us, your personal data will be retained for five years after the closure of your account to comply with our obligations under anti-money laundering regulations;
- If you make a complaint, your personal data relating to that complaint will be retained for five years from the resolution of that complaint to defend against legal claims; and
- If you make any transactions on your account, your personal data relating to that transaction will be retained for seven years from the date of the transaction to comply with taxation and accountancy legislation.
Data protection laws provide you with the following rights to:
- request access to your personal data (commonly known as a “data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
- request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
- request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below);
- request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it; and
- request a copy of your personal data which you have provided to us, in a structured, commonly used and machine-readable format and the right to transfer it, or to require us to transfer it directly, to another controller.
You also have the right to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights above). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Where we rely on your consent to process your personal data, for example if we need your consent to send you any direct marketing, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using any of the details set out below in the “Contacting Us" section. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you are unhappy about how your personal data has been used please refer to our complaints procedures, details of which can be found in your account Terms and Conditions. You also have a right to complain to the supervisory authority, which in the United Kingdom is the Information Commissioner's Office https://ico.org.uk/, which regulates the processing of personal data.
If you have any questions about this policy, you can contact us by using the ‘Contact us’ facility on our Website or in the following ways:
By post at:
Data Protection Officer
Contis Financial Services
By email at: DPO@contis.com
By telephone at: 01756 693245
MAKING A COMPLAINT
We think people deserve something different. Instead of a bank designed by bankers for bankers, Ffrees is designed by people for people.
Ffrees sees engagement with customers as a fundamental element to the success of the business and one of the things we pride ourselves in.
We try to do things right 100% of the time, but sometimes things can go wrong and we might not deliver on this or fall short of your expectation.
We would really like you to tell us of the experience you have had so we can put things right.
Please contact us via:
- Secure Message: Log into your Ffrees Account and click "Help" to send us a secure message. If you do not have access to your Ffrees Account or are not a Ffrees Customer please visit www.ffrees.co.uk and click on "Contact Us" link.
- Telephone 0333 202 3640 office hours are 8am – 4pm Monday – Saturday.
- Post Ffrees Family Finance, Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ, UK.
Please tell us your name, your Ffrees Account number (if applicable) and the reason for your concern and as much relevant information as possible to help us look into this for you. We’ll try to resolve your problem whenever possible within 2 working days.
If we‘re unable to resolve your complaint within 2 working days we’ll record your concern as a formal complaint within our internal complaints procedure to be dealt with as follows:
- We’ll issue a prompt acknowledgement if we’re unable to respond in full within five working days from the day we received the complaint.
- Based on the nature of your concerns and the information provided we’ll use all the information at our disposal to investigate and resolve your complaint. We may need to contact you for further information as part of this process if it will help us to resolve the matter.
Resolving your complaint
A full and final response will be issued within 8 weeks from the date we receive your initial complaint, setting out our understanding of your concerns and a possible resolution.
If we’re unable to issue our full and final response within 8 weeks we will write to you to update you on the progress of your complaint and the expected resolution date.
We’re committed to ensuring all complaints are fairly addressed. However, if you’re still unhappy with the outcome of our full and final response, or if 8 weeks have passed and we have been unable to respond, you have the following options:-
- If you prefer, or if you feel you have additional information to support your complaint, let us know as we would welcome the opportunity to help resolve the matter in full.
- Alternatively you may choose to refer your complaint to the Financial Ombudsman Service for an impartial review and would need to do so within 6 months of our final response:
Financial Ombudsman Service
Telephone: 0800 023 4567 or 0300 123 9123