1.1 Your access to and use of FBTC ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes. Back to top
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. Back to top
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. Back to top
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will FBTC be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. Back to top
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. FBTC will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Back to top
- 6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- 6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- 6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- 6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- 6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- 6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- 6.2.7 collect or store personal information about others, including email addresses;
- 6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
- 6.2.9 impersonate any person or entity for the purpose of misleading others;
- 6.2.10 violate any applicable laws or regulations;
- 6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
- 6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- 6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
- 6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.Back to top
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services. Back to top
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that FBTC is not responsible for the content or availability of any such sites. Back to top
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet. Back to top
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. Back to top
10.2 FBTC does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services. Back to top
You agree to indemnify and hold FBTC harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against FBTC by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by FBTC in consequence of your breach of these Terms and Conditions. Back to top
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Back to top
12.2 To the extent permitted by law, FBTC will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services. Back to top
12.3 FBTC makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. Back to top
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of FBTC for death or personal injury as a result of the negligence of FBTC. Back to top
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer. Back to top
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. Back to top
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts. Back to top
Last Updated: 5th October 2023
- 1.1. The App allows users to log expenses and income.
- 1.2. The App is owned and operated by FBTC, which is the trading name of RDS Driving Services Limited, a company registered in England and Wales under company number 07372476 and with our registered office at Pavilion 6 Coxwold Way, Belasis Hall Technology Park, Billingham, England, TS23 4EA (“FBTC”, “we”, “us” or “our”). RDS Driving Services is a subsidiary company of the group of companies headed by Hamilton TOPCO Limited.
- 1.3. These Terms apply to all uses of the App and form a legal agreement between you and us.
- 1.4. You must be at least 18 years of age to have an account in the App. By logging into your account using the App you understand and accept these Terms, and you agree to be bound by them.
- 1.5. We may make alterations to these Terms from time to time.
2.1. Before you install, and use the App, please ensure that your device: (i) has sufficient memory to use and store the App and meets the system requirements specified by us in connection with the App; and (ii) has Internet access. Please also ensure that your device and Internet access meet the applicable operating requirements.
2.2. By using the App, you confirm that you have the necessary device, hardware, software, and Internet capability required to do so and that we shall have no liability in relation to any device, hardware, software, or anything else required to make use of the App.
3.1. You will need to be registered with the FBTC Accountancy service who will provide you with an account to use the App (“Account”), for which you will require a contract to FBCT’s services.
3.2. You warrant and undertake that all information supplied during Account registration is truthful, complete, and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs, and liabilities (including legal fees), as set out in CLAUSE 7.
3.3. You are obliged to ensure all information held about you by us is up to date. You can amend your Account registration details at any time through the App.
3.4. The username chosen by and issued to you upon registration with us is personal to you and is for your use of and access to the App and shall not be disclosed to any third party.
3.5. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.
3.6. You are solely responsible for maintaining the confidentiality of your password and username.
3.7. You are responsible for anything that happens through your Account, and you understand that you are solely liable for all use of your Account undertaken by use of your username and password whatsoever, whether such use was authorised by you.
3.8. We may remove or reclaim any usernames at any time and for any reason, including without limitation claims that a username violates a third party’s rights.
3.9. We may suspend or terminate your Account if we are notified of or suspect fraudulent, abusive, or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms or you or FBTC terminate your client contract.
4.1. FBTC or any applicable third-party licensor reserves all their intellectual property rights in the App and any content available via the App.
4.2. Using the App does not give you any ownership in the App or the content or information made available through the App.
4.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the App and any content available via the App belong to and vest in us or are licensed to us.
4.4. All third-party trade names and trademarks are the property of their respective owners, and we make no warranty or representation in relation to them.
4.5. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights or is any way unlawful and you wish us to remove it or suspend/disable access to it, please send a notice by email to email@example.com with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
- 4.5.1. Details of the content you claim is infringed, together with a description of where the material that you claim is infringing is in the App (and such description must be sufficient to enable us to find the alleged infringing material);
- 4.5.2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
- 4.5.3. A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
5.1. You agree to comply with these Terms and all rules applicable to the use of the App.
5.2. You will not (other than to the extent permitted by law):
- 5.2.1. hack, modify, reverse engineer, or create derivative works of the App or any part of it;
- 5.2.2. gain unauthorised access to any part of the App;
- 5.2.3. remove, modify, or obscure any copyright, trademark, or other proprietary notices in the App;
- 5.2.4. create software which replicates or mimics the data or functionality in the App;
- 5.2.5. make any part of the App available to a third party who does not agree to these Terms;
- 5.2.6. copy or exploit any part of the App or the content it contains;
- 5.2.7. use the App or any part of it unfairly or for any illegal or immoral purpose; or
- 5.2.8. attempt to do any of the acts listed above.
6.1. We provide and maintain the App on an “as is” and “as available” basis and are liable only to provide our services with reasonable skill and care.
6.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the App links, or that other users of the App may link to via their public profile.
6.3. We give no other warranty in connection with the App and to the maximum extent permitted by law, we exclude liability for:
- 6.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware and including any losses you may incur as a result of any financial investment made by you as a result of your use of the App;
- 6.3.2. the accuracy, currency or validity of information and material contained within the App;
- 6.3.3. any interruptions to or delays in updating the App;
- 6.3.4. any incorrect or inaccurate information on the App;
- 6.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through use of the App;
- 6.3.6. the availability, quality, content, or nature of External Sites;
- 6.3.7. any transaction taking place on External Sites;
- 6.3.8. any transaction with a third-party retailer taking place on the App;
- 6.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by any other person accessing, using, or downloading the App or any part of it;
- 6.3.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
6.4. We do not warrant that the operation of the App will be uninterrupted or error free.
6.5. We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
6.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory, or otherwise, and all those terms and conditions are hereby excluded to the maximum extent permitted by law.
6.7. You must not use the App in any way which is:
- 6.7.1. unlawful;
- 6.7.2. may give rise to civil or criminal liability for us; or
- 6.7.3. which might call us into disrepute.
6.8. The App is provided as a tool to assist in your preparation of your accounts only To the maximum extent permitted by law our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) in respect of your use of the App will not exceed the total amount of one hundred pounds (£100.00).
7.1. You agree to compensate us and keep us compensated from and against all claims, damages, expenses, costs, and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
8.1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the iOS version of the App (Apple iPad, iPhone etc.):
- 8.1.1. You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the App and the content thereof.
- 8.1.2. Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- 8.1.3. We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- 8.1.4. You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to:
- 188.8.131.52. product liability claims;
- 184.108.40.206. any claim that the App fails to confirm to any applicable legal or regulatory requirement; and
- 220.127.116.11. claims arising under consumer protection or similar legislation.
- 8.1.5. You acknowledge that in the event of a third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property right infringement claim, and not Apple.
- 8.1.6. You confirm that:
- 18.104.22.168. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
- 22.214.171.124. you are not listed on any US Government list of prohibited or restricted parties.
- 8.1.7. You acknowledge and agree that Apple are third party beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
9.2. The App includes information provided by third parties. We do not have control over the content of this information, and, subject to clause 6 we disclaim all liability in respect of the accuracy or completeness of that information.
10.1 These Terms take effect upon your download, installation and/or use of the App and remain effective until terminated by either of us. You may terminate these Terms at any time by removing all copies of the App from devices on which you have installed it. These Terms shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the App and delete all copies of the App. We may suspend or terminate your access to the App if you do not comply with these Terms, or if you do not comply with our policies as notified to you from time to time.
10.2 We may temporarily discontinue the Website or App, at any time for the purposes of upgrades, maintenance, or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
10.3 Without prejudice to the other provisions in these Terms, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
- 10.3.1 if your use of the App was provided to you free of charge, you will not be entitled to any compensation or any refund; and
- 10.3.2 if you paid for the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the App, we may offer you a partial or full refund.
11.1. These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
11.2. These Terms constitute the entire agreement between you and us relating to your use of the App, to the exclusion of any other terms.
11.3. Failure to enforce any term does not constitute a waiver of that term.
11.4. If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
11.5. The App is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the App complies with the laws of any other country.
11.6. These Terms are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
11.7. We will be entitled to assign and otherwise transfer the agreement under these Terms by giving you reasonable notice, which may include notice given via the App or via the email you have used to register for your Account. You may not assign, sub-licence, transfer or dispose of the rights licensed under these Terms.
11.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.
FBTC is a division of RDS Driving Services Limited, Pavilion 6, Coxwold Way, Belasis Technology Park, Billingham, TS23 4EA. Registered in England and Wales 07372476
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