Abound's terms of use

These terms explain what you can expect from us and what we expect from you if you want to access the Platforms. By accessing or using the Platforms through any means, you are agreeing to be bound by these Terms of Use.
Version 1 (23 SEPT 2022)

1. Introduction

1.1 These Terms of use forms a legally binding agreement made between the user ("You") and Fintern LTD (collectively, the "Company", "Abound", "us", "we" or "our").

1.2 Fintern LTD is a limited liability company registered in England & Wales No 12472034, located at 86-90 Paul Street, London, EC2A 4NE, United Kingdom. Abound is a trading name of Fintern LTD.

1.3 Fintern LTD is authorised and regulated by the Financial Conduct Authority, firm reference number (929244). Fintern LTD is a member of Cifas – the UK's leading anti-fraud association, and are registered with the Information Commissioner's Office (ICO) in compliance with the Data Protection (Charges and Information) Regulations 2018 under registration ZA747930.

1.4 These Terms of use apply to you accessing and using Abound's website https://getabound.com (the "WebsiteSite") and/or the Abound web application journey https://apply.getabound.com (the "Web App") (together "the Platforms"). The terms in this document explain what you can expect from us and what we expect from you if you want to access the Platforms. By accessing or using the Platforms through any means, you are agreeing to be bound by these Terms of Use.

1.5 The supplemental policies set out in Section 1.11 below, as well as any supplemental terms or documents that may be posted on the Platforms from time to time, are expressly incorporated by reference.

1.6 We may make changes to these Terms of use at any time. The updated version of these Terms of use will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of use to stay informed of updates. Your continued use of the Platforms represents that you have accepted such changes.

1.7 We may update or change the Platforms from time to time to reflect changes to our products, our users' needs, and/or our business priorities.

1.8 Our Platforms are directed to people residing in United Kingdom. The information provided on the Platforms are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.9 If you want to apply for an Abound loan through the Abound Web App, there are some eligibility criteria that you will need to meet in order for us to consider your application. You must:  Be, at least, 18 years old at the time of application;Have a valid residential UK status and address. This includes, for example, UK citizens, permanent residency, work permit or other long-term visa holders. Customers who hold a foreign passport must also upload their Biometric Residence Permit or valid visa evidencing their residence status during our ID verification process;Have, at least, one valid UK account from a bank, building society or credit union that provides Open Banking access. The account needs be, at least, three months old;Have regular income received into your bank account and evidenced via Open Banking.The purpose of a loan must not include business financing, investment, stocks and share dealing, gambling, illegal activities such as drugs and money laundering, or paying interest on any other credit facility.

1.10 Additional policies which also apply to your use of the Platforms include: our Privacy Notice and Cookie Policy  https://getabound.com/privacy , which contains details of how we collect, use, store and share your information. You should read the Privacy Policy carefully before completing your registration or application. By using our Platforms, you will be regarded as having read and accepted the Privacy Notice and Cookie Policy. If you do not wish to be bound by the terms of the Privacy Notice and Cookie Policy, you should not use our Website or Web App.

1.11 Please bear in mind that if you decide to use one of our products or services you will need to agree to the specific terms for these too (for example, if you take out a loan with us) ("“Service Terms"”). We will walk you through this at the time. These terms of use will be deemed incorporated into those Service Terms. If there is a conflict between these terms and the Service Terms for one of the products or services you have taken out with us, those Service Terms will prevail.

1.12 If you have any questions about these Terms, please contact our Customer Services team by email at contact@getabound.com or telephone 020 3443 8881.

2. Acceptable Use Policy

 2.1 Our Acceptable Use Policy, sets out most of the permitted uses and prohibited uses of the Platforms.

2.2 All rights including copyright, branding, or imaging related to the Platforms belong to Fintern LTD.

2.3 You may not use our Platforms for any unlawful purposes or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with activities set out in section 2.4.1 and 2.5.1.

2.4 Use of the Abound Website

2.4.1 As a user of the Abound Website (the "“Website"”), you agree not to:

-Use our WebsiteSite in any way that breaches any applicable local, national, or international law or regulation; In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
-Make improper use of our support services, such as using the Website to simulate communications from us in order to collect identity information, authentication credentials, or other information ('‘phishing'’); or submit false reports of abuse or misconduct;
-Systematically retrieve data or other content from the Website without prior written permission from us;
-Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website;
-Gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website by any means Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, data mining, robots, scrapers, offline readers, or similar data gathering and extraction tools;
-To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
-Copy or adapt the Website's software, including but not limited to HTML, JavaScript, or other code;
-Reverse engineer or decompile (whether in whole or part) any software available through the Website;
-Delete the copyright or other proprietary rights notice from any of the content;
-Harass, abuse, intimidate, or threaten any of our employees, agents, or other users;
-Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
-Use the Website or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise without our explicit prior written permission;
-Interfere with, disrupt, or create an undue burden on the WebsiteSite or the networks and services connected to the Website;
-Falsely imply a relationship with us or another company with whom you do not have a relationship; or Do anything similar to any of the actions set out above.

2.5 Use of the Abound Web App

2.5.1 As a user of the Web App, you agree not to:

-Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
-Hack, make unauthorised alterations to, gain unauthorised access to, or introduce any kind of malicious code to the Web App by any means;
-Modify, copy, or reproduce the contents of this application or related functionality without the written permission of Abound;
-Impersonating another person or log into an account which you are not authorized to access;
-Use or attempt to use another user'’s account without authorisation authorization from the user;
-Interfere or attempt to interfere with service or any user, host, or network, including by way of introducing a virus, overloading, "“flooding"” or crashing, or sending unsolicited email, promotions, or advertisements;
-Reverse engineering, decompile, or disassemble any aspect of the Web App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Web App;
-Developing third party apps that interact with the Web App without our prior written consent, including any scripts designed to scrape or extract data from the Web App;
-Disrupt our service or operation in any way; or Do anything similar to any of the actions set out above.

2.5.2  If you choose, or you are provided with, a user pin, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user pin or password, whether chosen by you or allocated by us, at any time, if, in our opinion, you have failed to comply with any of the provisions of these terms of use.

2.5.3 Abound will strive to provide a reliable, stable Web App and related service. However, the real-time data service may become unavailable at any time, and without notice. If this happens, FinternAbound will endeavour to restore the real-time data service within a reasonable period of time.

2.5.4 Security of the device used by the user to access the Platforms is not Abound'’s responsibility. It is the user'’s responsibility to safeguard against the risks of hacking, viruses, eavesdropping, and all other such hazards. Abound is not liable for any kind of loss or damage whatsoever.

 2.5.5 The network response speed and method of operation differs depending upon the mobile device and the internet connection being used. Abound is not responsible for hardware performance or responsiveness.

2.6 Any material or conduct that in our judgment violates this policy in any manner may result in suspension from the Web App.

2.7 We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. A version number of the latest Terms of Use and its published date will be shown on the Website for your reference.

2.8 You should inform us as soon as possible if any information provided by you or in your account changes or if you become aware of any errors. You can also update your information in your profile on the Web App.

3. Our content

3.1 Unless otherwise indicated, the content of the Platforms including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platforms ("Our Content") are owned by us or licensed to us, and are protected by copyright and trade mark laws.

3.2 Except as expressly provided in these Terms of use, no part of Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.3 Provided that you are eligible to use the Platforms, you are granted a limited licence to access and use the Platforms and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  

3.4 You shall not (a) try to gain unauthorised access to the Platforms or any networks, servers or computer systems connected to the Platforms; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Platforms or Our Content, including the modification of the paper or digital copies you may have downloaded.

3.5 We shall (a) prepare the Platforms and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Website that contains viruses.

3.6 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action based on the content on the Website. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

3.7 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Website is accurate, complete, or up to date.

4. Link to third-party content

4.1 The Platforms may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operators. We are not responsible for and do not endorse any third-party websites or applications or their availability or content. Please note that these Terms and the Privacy Notice only apply to the use of our Services. When you use third-party services, their own terms and privacy notices will govern your use of those services.

5. Platforms Management

5.1 We reserve the right at our sole discretion, to (1) monitor the Platforms for breaches of these Terms of use; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms of use; (3) refuse, restrict or suspend access to or availability of, or disable (to the extent technologically feasible) any of your contributions if we consider it reasonable to do so, e.g. you breach these terms; (4) remove from the Platforms or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Platforms in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platforms and Services.

5.2 Although we endeavour to protect the security of the Platforms, we do not guarantee that the Platforms will be free from bugs or viruses.

5.3 You are responsible for configuring your information technology, computer programs and similar hardware and/or software to access the Platforms. In particular, you should take steps to protect your devices from viruses and you should use your own virus protection software.

6. Modifications to and availability of the Platforms

6.1 We reserve the right to change, modify, or remove the contents of the Platforms Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

6.2 We cannot guarantee the Platforms, or any content on them, will always be available or be uninterrupted. From time to time, we may experience hardware, software, unforeseen circumstances, other problems or need to carry out planned maintenance related to the Platforms, resulting in interruptions, restrictions, suspensions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platforms during any downtime or discontinuation of the Platforms or Services.

6.3 There may be information on the Platforms that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

7. Disclaimer/Limitation of Liability

7.1 The Platforms and Services are provided on an as-is and as-available basis. You agree that your use of the Platforms and/or Services will be at your sole risk except as expressly set out in these Terms of use. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Platforms and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

7.2 We make no warranties or representations about the accuracy or completeness of the Platforms' content and are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Platforms or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platforms by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms of use if such delay or failure is caused by an event beyond our reasonable control.

7.3 The scope of our liability for loss or damage suffered by you is as follows:  We will not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with our Platforms or in connection with the use, inability to use, or results of the use of our Platforms, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; We will not be liable for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this term shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above;We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

7.4 Exclusion of Liability

To the fullest extent permitted under applicable law, in no event  shall Abound be liable to you for any loss incurred or harm suffered by you in connection with the user of the Platforms and/or be liable to you for any direct, indirect, special, or consequential damages including, without limitation, damages for loss of goodwill, lost profits,  financial loss , theft or corruption of your information, the inability to use the Platforms, or device failure or malfunction.  Abound shall not be liable even if it has been advised of the possibility of such damages, including, without limitation, damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

8. Term and Termination

8.1 These Terms of use shall remain in full force and effect while you use the Platforms or Services or are otherwise a user of the Platforms, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at contact@getabound.com or by telephone on 020 3443 8881.

8.2 Without limiting any other provision of these Terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platforms and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms of use or of any applicable law or regulation.

8.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

9. Intellectual Property Rights

9.1 Subject to any other provisions of these Terms, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the URLs https://getabound.com, https://apply.getabound.com,  Replace with link to Abound website , the Platforms and the material published on them.

9.2 If and to the extent that any such intellectual property rights vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

9.3 You shall retain ownership of all copyright in data you upload or submit to the Platforms. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner and in accordance with these Terms and our Privacy Notice.

9.4 We do not warrant or represent that the Platforms, or the contents thereof, do not infringe the rights of any third party.

10. General

10.1 Visiting the Platforms, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platforms, satisfy any legal requirement that such communication be in writing.  You hereby agree to the use of electronic signatures, loan agreements, and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Web AppApp. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10.2 These Terms of Use and any policies or operating rules posted by us on the Platforms or in respect of the Services constitute the entire agreement and understanding between you and us governing the use of the Platforms.

10.3 Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision and shall not inhibit our right to exercise or enforce such right at a later date.

10.4 We may assign any or all our rights and obligations to others at any time, and the same terms will apply to any assignees we have chosen.  1110.5 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

10.6 If any provision or part of a provision of these Terms of use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of use and does not affect the validity and enforceability of any remaining provisions.

10.7 There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms of use or use of the Platforms or Services.

10.8 The following are trademarks of Fintern LTD, trademarked in the United Kingdom. You are not permitted to use them without our approval, unless they are part of material our Platforms Site explicitly statestates that you are permitted to use:  ”Fintern”, UK00003455306, trademarked in United KingdomTrade Mark Number UK00003455306, the Fintern logo, Trade Mark Number UK00003737124, “Abound” Trade Mark Number UK00003749639.

10.9 Except as stated in these Terms of Useunder the App section, a person who is not a party to these Terms of use shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of use.

10.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at contact@getabound.com or by post to:
Abound,
Fintern Ltd 3rd Floor,
86-90 Paul Street London,
EC2A 4NE United Kingdom

11. Changes to these terms of use

We can update these Terms of Use at any time and will keep them under regular review. These Terms of Use were updated on 23 SEPT 2022. 86-90 Paul Street London, EC2A 4NE United Kingdom  1112. Changes to these terms of use  We can update these Terms of Use at any time and will keep them under regular review. These Terms of Use was were updated on 23 SEPT 202201 FEB 2021.