1. Who we are
We are: Fea Card Limited (“we”, “us”, “our”)
Companies House number: 11620703.
Registered address: Hallswelle House, 1 Hallswelle Road, London, England, NW11 0DH.
2. Licence terms
These licence terms (the “Terms”) apply to your use of our free Bits - Build Credit mobile application software and any updates or supplements to it (the “Bits App”).
2.1 Age and residence
You must be at least 18 years old and live in the United Kingdom to download and use the Bits App.
2.2 Mobile app store terms may also apply
The ways in which you can use the Bits App may also be controlled by the Google Play Terms of Service (here) (“Google Terms”) or Apple Media Services Terms and Conditions (here) (“Apple Terms”) (depending on where you downloaded the Bits App from). The Google Terms or Apple Terms (whichever is applicable) will apply instead of these Terms where there are differences between them.
2.3 Other important information
2.3.1 Our Privacy and Cookies Policy: Our Privacy and Cookies Policy can be accessed here. You should read it as it explains how we use your personal data and the cookies (and similar technologies) that we process when you use the Bits App.
2.3.2 Our Bits Store and Card Terms & Conditions: Please note that these Terms relate to your use of the Bits App only. The Bits Store and Card Terms & Conditions govern the services we provide (i.e. our main monthly service, the Bits Store and Bits Rewards that you buy, or subscribe to, as appropriate), which can be accessed below. We’ll refer to our services as the “Bits Services” throughout these Terms, where appropriate.
2.4 Operating system requirements
In order to download the Bits App, you’ll need a Google Android or an Apple device. If you’re downloading the Bits App on a Google Android device, you’ll need a minimum of 46MB of memory. If it’s an Apple device, you’ll need at least 24.9MB. You’ll also need either the Google Android 5.0 operating system (or above) or Apple iOS 11.0 (or above).
2.5 How to contact us
If you want to learn more about the Bits App or have any problems using it please take a look at the FAQ section on our website. If you wish to contact us, we can be reached on the contact details listed in Section 1 (Who we are), above.
2.6 How you may use the Bits App
In return for your agreeing to comply with these Terms you may:
2.6.1 download a copy of the Bits App onto your phone or device and view, use and display the Bits App on such devices for your personal purposes only; and
2.6.2 receive and use any free supplementary software code or update of the Bits App incorporating "patches" and corrections of errors as we may provide to you.
2.7 Own phone or device
You must only download the Bits App onto a phone or other device that you own.
2.8 You may not transfer the Bits App to someone else
We are giving you personally the right to use the Bits App, as set out at Section 2.6 (How you may use the Bits App) above. You may not otherwise transfer the Bits App to someone else, whether for money, for anything else or for free. If you sell any device on which the Bits App is installed, you must remove the Bits App from it.
2.9 Changes to these Terms
Will tell you about any changes to these Terms via email at least 30 days before we make the changes (unless the changes are to your advantage, in which case we may give you less notice). The email we send you will let you know when the changes will start to apply to you. During that 30-day period, you can close your account with us without incurring any new charges. To close your account, please contact us at firstname.lastname@example.org.
2.10 Updates to the Bits App
2.10.1 From time to time we may automatically update the Bits App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Bits App for these reasons.
2.10.2 If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the Bits App.
2.10.3 The Bits App will always match the description of it provided to you when you downloaded it.
2.11 We’re not responsible for other websites you link to
The Bits App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
2.12 Licence restrictions
You agree that you will:
2.12.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Bits App in any form, in whole or in part to any person without prior written consent from us;
2.12.2 not copy the Bits App, except as part of the normal use of the Bits App or where it is necessary for the purpose of back-up or operational security;
2.12.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Bits App or Bits Services, nor permit the Bits App or Bits Services to be combined with, or become incorporated in, any other programs, except as necessary to use the Bits App or Bits Services on devices as permitted in these Terms;
2.12.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Bits App or Bits Services nor attempt to do any such things (except to the extent that you are permitted under applicable law).
2.13 Acceptable use restrictions
You must not:
2.13.1 use the Bits App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Bits App or any operating system;
2.13.2 infringe our intellectual property rights or those of any third party in relation to your use of the Bits App (to the extent that such use is not licensed by these Terms);
2.13.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Bits App;
2.13.4 use the Bits App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
2.13.5 collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running our systems.
2.14 Intellectual property rights
All intellectual property rights in the Bits App throughout the world belong to us (or our licensors) and the rights in the Bits App are licensed (not sold) to you. You have no intellectual property rights in, or to, the Bits App other than the right to use them in accordance with these Terms.
2.15 Our responsibility for loss or damage suffered by you
2.15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if at the time you accepted these Terms, both we and you knew it might happen.
2.15.2 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 any liability for fraud or fraudulent misrepresentation.
2.15.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
2.15.4 We are not liable for business losses. The Bits App is for domestic and private use. If you use the Bits App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
2.15.5 We are not responsible for events outside our control. If our provision of (or support for) the Bits App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Bits Services that you’ve signed-up to and receive a refund for any Bits Services you have paid for but not received.
2.15.6 Limitations to the Bits App. The Bits App is provided so that you are able to sign-up to and access the Bits Services we provide. As we discuss at Section 2.3.2 of these Terms, above, the Bits Services are provided in accordance with our Bits Store and Card Terms & Conditions.
2.16 We may end your rights to use the App if you break these Terms
2.16.1 We may end your rights to use the Bits App at any time by contacting you if you have broken these Terms or the Bits Store and Card Terms & Conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
2.16.2 If we end your rights to use the Bits App:
You must stop all activities authorised by these Terms, including your use of the Bits App.
You must delete or remove the Bits App from all devices in your possession and immediately destroy all copies of the Bits App which you have and confirm to us that you have done this
Your account (that you use for the Bits Services) will be cancelled in accordance with the Bits Store and Card Terms & Conditions. This is because you can’t use the Bits Services without the Bits App.
2.17 We may transfer these Terms to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
2.18 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
2.19 No rights for third parties
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
2.20 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
2.21 Even if we delay in enforcing these Terms, we can still enforce them later
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
2.22 Which laws apply to these Terms?
These Terms are governed by English law.
2.23 Where can you bring legal proceedings?
You can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.