The following sets out the terms and condition for use of the Firef.ly website, mobile application and our services.

    1. INTRODUCTION

      1. These are the terms of use, including the terms and conditions of supply (Terms), for *.firef.ly and the Firef.ly application. For the purposes of these Terms, both the website(s) and application shall be referred to as the "App". The App is operated by Firefly Experience Limited trading as Firef.ly (we, us and our). We are a limited company, registered in England. Our registered company number is 8533338, and our registered office is at Adam House, 1 Fitzroy Square, London W1T 5HE. Our VAT registration number is 209 9580 77.
      2. Your use of the App and your Purchase of any of the products or services offered via our App is subject to these Terms and by placing an order for any products or services you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted via this App is governed by our privacy policy.
      3. We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms. These Terms were last updated on 23 June 2015.
      4. As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general UK law (your "non-excludable statutory rights"). For more information, please contact your local Citizens Advice Bureau, phone numbers can be found on their national website at www.nacab.org.uk.
      5. In these Terms we use various capitalised terms (they are "defined"). This means they have special meanings, found in the Definitions section of these Terms.

    2. Using the app

      1. You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and, subject to section 4, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
      2. To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
      3. We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms.
      4. We reserve the right to prevent you using the App or making Purchases, however we will honour Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
      5. We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
      6. We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.

    3. Registering a Firef.ly account

      1. You need an account in order to make Purchases, view your past Purchases, and modify your preferences to name a few reasons. We reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).
      2. To register an account you will need to fill out a form on the mobile app or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updating your account details at any time). The personal information you give us is governed by our privacy policy.
      3. In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorised to act as your agent to use the App and make Purchases via your account. You will not be responsible to pay for Purchases made after you have notified us of a password change or that security has been compromised.
      4. One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts.

    4. What you are not allowed to do

      1. Except to the extent expressly set out in these Terms, you are not allowed to:
        1. store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
        2. remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
        3. You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
        4. All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").

    5. Intellectual Property Right

      1. All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
      2. You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or noncommercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
      3. You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.

    6. External links

      1. The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

    7. Your personal information

      1. Use of your personal information submitted via the App is governed by our privacy policy.

    8. Price and payment

      1. The price of goods or services offered by us is as quoted on the App from time to time. Prices include VAT, if applicable. Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
      2. Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the App or as part of the booking process.
      3. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

    9. Our Refunds Policy

      1. We want you to be happy with your purchase. If you're not, just return the product to us, and we'll exchange or refund it to the credit or debit card of the person who originally placed and paid for the order. Please see below for products excluded from this policy.
      2. Products we're unable to cancel, refund or exchange. We can't offer refunds or exchanges, unless faulty or not as described, on the following items:
        1. products which have been personalised for you, such as posters, stationery or gifts
        2. made to measure items
        3. products that have been specially ordered for you, unless faulty.
      3. You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against us arising out of the Purchase for which you received the credit or refund.
      4. Your legal rights. Nothing in these Terms limits or takes away from your legal rights under general law. For more information, please contact your local Citizens Advice Bureau, phone numbers can be found on their national website at www.nacab.org.uk.

    10. Our service standards

      1. We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
      2. Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.

    11. Our liability

      1. Nothing in these Terms shall limit or exclude our liability to you:
        1. for death or personal injury caused by our negligence;
        2. for fraudulent misrepresentation;
        3. for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
        4. under Part I of the Consumer Protection Act 1987; or
        5. for any other liability that may not, under English law, be limited or excluded.
      2. Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Product or service. Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

    12. Suspension and termination

      1. We may suspend or terminate all or part of your use of the App and your account if you use (or permit anyone other than you to use) the App or your account in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
      2. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.

    13. General

      1. These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
      2. All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
      3. If we fail to enforce any of our rights, it does not result in a waiver of that right.
      4. If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
      5. These Terms may not be varied except with our express written consent.
      6. These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
      7. All provisions of these Terms apply equally to and are for our benefit, that of our group members (which means, any "group undertaking" as defined in section 1161 of the Companies Act) and that of the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
      8. These Terms (and all non-contractual relationships between you and us) shall be governed by English law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in England and Wales (nearest to where you reside).

    14. Dispute resolution

      1. In the first instance we request that you contact us if you have a complaint against us and we shall try to resolve it.
      2. Nothing limits your right to bring a complaint against us by applying to your nearest court in England and Wales.

    15. Additional terms relating to Apple

      If you download, access and/or use the App on Apple’s iOS operating system:
      1. The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
      2. You acknowledge and agree that:
        1. Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please Contact Us, not Apple, using the details in these Terms;
        2. Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
        3. In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
        4. Although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;
      3. You represent and warrant that:
        1. You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
        2. You are not listed on any United States Government list of prohibited or restricted parties; and
      4. If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.

    16. Definitions

      1. "Merchant" means a third party partner of Firef.ly who sells the products and services for which a Purchase can be made.
      2. "Purchase" or "Purchased" means the purchase of goods or services.

    17. Contact us

      18. Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to hello@firef.ly or write to us at:
      Firef.ly
      ℅ Microsoft Ventures
      Central Working City
      4 Crown Place
      London
      EC2A 4BT
      United Kingdom

Privacy Policy and Cookie Policy

This is the privacy and cookies policy for *.firef.ly (including subdomains of firef.ly) and the Firef.ly application. For the purposes of this privacy policy, both the website and application shall be referred to as the "App". The App is operated by Firefly Experience Limited, trading as Firef.ly (we, us and our). For the purposes of the Data Protection Act 1998, we are the data controller.

We are committed to protecting your privacy online. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have. By using the App, you consent to the collection and use of information in accordance with this privacy policy. We reserve the right to change this privacy policy from time to time by changing it on the App. This privacy policy was last updated on 23 June 2015. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Information we may collect from you

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

How we use your information

We will also use information you provide to us for the purposes of contacting you with information or offers regarding products, services or surveys. This shall only be done with your consent and our direct marketing policy which is explained in full below.

Additional information we collect

When you visit the App, we may automatically collect additional information about you, such as the type of phone or operating system you use and, if you came to the website, the type of internet browser you use and the website from which you have come to the site. Also, depending on whether you access Firef.ly on your PC or via your mobile device, we will collect your IP address (the unique address which identifies your home computer on the internet) or the unique identifier (which is linked to your mobile device) which are automatically recognised by our servers. You cannot be identified solely from this information and it is only used to assist us in providing an effective service on the App and to collect broad demographic information for aggregate use.

The website uses cookies to store certain information. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Although they do identify a user's device, cookies do not personally identify users. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the internet.

For more information about how we use cookies and other tracking devices, please refer to our Cookie Policy.

Information sharing

We may disclose aggregate statistics about visitors to the App, customers and sales in order to describe our services to prospective partners, advertisers, potential merchants and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

We may disclose your personal information to any of our affiliates, merchants, or to our agents or contractors who assist us in providing the services we offer through the App, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.

In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.

We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the App or enforce the terms under which you transact with us or enforce the rights, property or personal safety of any person.

External links

The App may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

Payment processing

Payment details you provide will be encrypted using industry standard 128 bit secure sockets layer (SSL) technology before they are submitted to us or our payment partners over the internet. Payments made on the App are made through our payment solutions providers (PSP). You will be providing credit or debit card information directly to the PSP which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. We do not store your credit card number or security code on our servers, though it may transit through our servers as it passes to PSP. Information which you supply to our PSP is not within our control and is subject to PSP's own privacy policy and terms and conditions.

Marketing to you

We may send you information we think you may find useful or which you have requested from us by push notification and/or (if you provide us with your e-mail address) by e-mail, provided you have indicated that you do not object to being contacted for these purposes and we will always give you the option to opt-out of receiving further e-mails or push notifications by following the unsubscribe instructions on any communications sent to you.

Additionally we may allow our merchants, and if you consent by opting-in to receive such information and offers, other carefully selected third parties, to send you information directly which you may find useful regarding their products and services.

You can tell us not to contact you with information regarding the products or services of third parties, or to share your details with third parties so that they can directly send you information regarding their products and services, either at the point such information is collected on the App (by checking the relevant box), or where you do not wish us to continue to use your information in this way by following the unsubscribe instructions on any communications sent to you.

You can also exercise this right at any time by contacting us using the contact details at the end of this privacy policy.

Your location data

The App deals with location, and in order to get the most out of our service and to allow us to provide you with tailored offers, we need to process your location from time to time. The types of location data that will be processed are your latitude, longitude, cell tower ID, etc. This data is stored on our servers separately from any personal information we may hold, and every care is taken to ensure there is no way to link any personal identifiable information we may hold with your location data. Essentially your location data is anonymised before being sent to our servers, and your personal information can never be linked to this location data.

Also, the App uses your mobile device’s ‘background location’ to provide our services, including to send you notifications of tips/friends/plans/interesting things etc. near you. If you have ‘background location’ turned on, the App will, from time to time, tell us about your device’s location even if you are not directly interacting with the application.

You can choose not to allow us to process your location at the time you connect to the app, or any time after that either by changing the settings on your mobile device or by contacting us using the contact details at the end of this privacy policy. Please note that if you choose not to allow us to process your location data, we will not have enough data in order to provide you with the full benefit of our service (e.g. tracking your firef.ly trail, saving moments into your trail based on your location, or making recommendations based on your location).

Security

We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the App whilst it is in transit over the internet and any such submission is at your own risk.

Storage of your information

Information that you submit via the App is sent to and stored on secure servers located in the United Kingdom and other European Economic Area countries. This is necessary in order to process the information. Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside the European Economic Area and may be processed by staff operating outside the European Economic Area. By submitting information via the App, you agree to this storing, processing and/or transfer.

Your rights

You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding £10. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@firef.ly. We will delete such information from our files within a reasonable time.

Cookie Policy

When you interact with the App, we try to make that experience simple and meaningful. When you visit our App our web server sends a cookie to your computer or mobile device (depending on how you access the site). Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your App. These are known as session cookies. Other cookies are used to remember you when you return to the App and will last for longer. These are known as persistent cookies.

Some of the cookies used by our App are set by us, and some are set by third parties who are delivering services on our behalf. For example, social networking sites.

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on the site you may not be able to take full advantage of the App if you do so.

In addition to cookies, Tracking Gifs may be set by us or third parties in respect of your use of the site. Tracking Gifs are small image files within the content of our site or the body of our newsletters so we or third parties can understand what parts of the website are visited or whether particular content is of interest.

Please also look at our Privacy Policy which gives details about how we use any personal information you give us.

Contacting us

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to privacy@firef.ly, or write to us at:

Firef.ly
Microsoft Ventures
Central Working City
4 Crown Place
London
EC2A 4BT
United Kingdom