fibodo Terms of Use – Users

1. Information About Us

fibodo.com is a website operated by fibodo Limited (we, us, our). We are a company registered in England and Wales with company number 08904097 and have our registered office at 3rd Floor, 207 Regent Street, London, W1B 3HH.

2. Terms of Use

2.1 This page (together with the documents referred to on it) sets out the Terms of Use on which users (you, your or User) may make use of fibodo.com and the fibodo mobile applications (together with any other software, provided to you by, or on behalf of, us, including both local and remotely accessed software and any update and/or upgrade to any of them) (together and separately, the Site).

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Site (the Privacy Policy) and that you agree to abide by them.

2.2 Your use of the Site is subject to your compliance with these Terms of Use. By using the Site, you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use in full (together with the documents referred to herein), you must not use the Site. A breach of these Terms of Use may result in your access to the Site, your account and the services provided thereunder being revoked.

2.3 We may update these Terms of Use from time to time, and you agree that you will be bound by the Terms of Use published using the Site when you use the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site.

3. Age

  1. 3.1.1 16 years old or over; or
  2. 3.1.2 13 years old to 15 years old (inclusive) with the consent of your parent or legal guardian.

Please also note that Users may add an ‘under 13’ profile to their account. This profile will have restricted functionality and the User accepts responsibility for all activity under their account, including activity on any ‘under 13’ profile.

3.2 If you do not satisfy the above eligibility requirements, you must not use the Site. By using the Site you represent that you comply with the above eligibility requirements.

4. Users and Services

4.1 Our Site is available for those individuals seeking sport and activities online, seeking information about such activities, and connecting those interested in such activities with the providers of said activities (Providers).

4.2 Our Site provides a platform for the introduction of Providers and for Users to book and pay for services and activities organised and delivered by Providers (Provider Services). Any agreement for the Provider Services is between the Provider and User only. We do not offer any services, including any Provider Services, apart from the use of the Site. Our service to you is the provision of access to the Site, any related customer support in relation to the Site, and to facilitate the booking and payment of Provider Services only. Users and Providers acknowledge and agree that we are not responsible for providing the Provider Services.

4.3 Both Users and Providers are required to register with the Site in order to utilise our services. These Terms of Use shall apply to Users unless the context implies otherwise and a separate set of terms of use shall apply to Providers.

4.4 Our Site enables Users to:

  1. 4.4.1 customise a profile for use on the Site;
  2. 4.4.2 add family members to your profile, so group booking can be made;
  3. 4.4.3 create and join groups and follow other Users with similar interests;
  4. 4.4.4 search for Providers and activities organised or shared by Providers by location, activity and availability;
  5. 4.4.5 message Providers;
  6. 4.4.6 book and pay for service and activities run by or shared by Providers and save this to a personal planner;
  7. 4.4.7 rate Providers and Provider Services; and
  8. 4.4.8 use other services which may be added to the above from time-to-time.

4.5 Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence to use the Site for your personal use, and only in accordance with these Terms of Use.

4.6 You agree that we may suspend access to the Site or close the Site indefinitely without notice.

4.7 We make no attempt to, and you agree that we have no responsibility to, confirm the identities of Users of the Site.

4.8 You agree that you will not use the Site for any purpose other than those set out in paragraph 4.4 above and finding and contracting for Provider services.

5. Account Security

5.1 Users will be responsible for all activities which occur under their account on the Site (your account). It is your responsibility to keep your account safe and secure. Please do not share the password to your account with anyone and always ensure that you log-off when not using the Site and ensure that devices which you use to access the Site are securely locked when not in your possession.

5.2 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use. You may not use another person's account at any time without the express permission of the account holder.

5.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

6. Safety and Feedback

6.1 At all times when using our Site, we recommend exercising caution, particularly when messaging Providers on the Site and meeting other Users during activity engagement.

6.2 We maintain a feedback system on the Site which allows Users to give feedback about Providers which will be accessible by Users. Please be aware that good feedback should not be taken as a guarantee of quality, reliability or trustworthiness of any Provider. You are responsible for ensuring your own safety when using our Site and for carrying out any safety checks or verifications in relation to the Providers.

6.3 You acknowledge that we are not responsible and we are not liable for any online or offline interactions with other Users, any Providers or any other third party.

7. User Accounts

7.1 Users may use the Site to create a user account free of charge. Users agree to disclose true and complete information during the account registration process, and to update user information promptly in the event that it changes. Users agree not to select a username which is offensive, misleading or otherwise inappropriate.

7.2 We reserve the right to refuse access to the Site to anyone at our sole discretion without giving a reason.

8. Booking Provider Services

8.1 Users should follow the onscreen instructions on the Site to make a payment for Provider Services.

8.2 You agree that you have the permission of the appropriate person to purchase the Provider Services if payment is not made on your credit or debit card.

8.3 Users will be asked to provide certain information to allow us to process an order on behalf of a Provider (including your selected payment method and card details).

8.4 We may change the payment methods that we accept at our sole discretion at any time without notice.

8.5 Users will receive an order confirmation on screen and/or by email (provided that a valid email address is supplied) acknowledging that the Provider has received the booking confirmation for the Provider Services. An order confirmation received by a User represents confirmation that the Provider Services have been booked (a Booking Confirmation).

8.6 At the point a User receives the Booking Confirmation payment will be taken from the User.

8.7 By booking Provider Services using the Site or the Services you expressly give us permission to use your payment and credit/debit card details to make a payment to our account for the Provider with whom you have booked Provider Services using the Site.

8.8 You give us permission to check that any payment and credit/debit card details you record using the Site are valid from time to time and when you make a booking for Provider Services.

8.9 If a booked Provider Service is cancelled by a Provider, you will be provided with either (i) a full refund within fourteen (14) days; or (ii) a voucher or credit to be used against the booking of product or service which can be redeemed by the User at a later date.

8.10 Discounts

  1. 8.10.1 Package Rates: where a User books a package of Provider Services the rates may be expressed as “X for Y” (e.g. “4 for 3”) so that the package is priced below the cost of X number of Provider Services if booked individually.
  2. 8.10.2 Discounted Services: discounted rates may apply where a User books a Provider Service at short notice prior to the relevant Provider Service.

8.11 By booking Provider Services using the Site, you agree to the payment conditions set out in Schedule 1 (User Payment conditions).

9. Prices and Payments

9.1 Unless otherwise stated on the Site we accept Visa and MasterCard debit and credit cards for payment. Prices which appear on the Site are inclusive of VAT unless otherwise stated.

9.2 Prices for Provider Services may change at any time by posting new prices on the Site, but changes will not affect orders for which Booking Confirmations have already been sent. Where prices are incorrect and you decide not to proceed, the Provider shall offer either (i) a full refund within fourteen (14) days; or (ii) a voucher for the equivalent product or service to be redeemed later.

9.3 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear as a fibodo debit, with the booking reference code.

9.4 We will place a temporary £1.00 authorisation hold on your card the first time you provide payment card information. The hold will be removed after verification and your card will not be charged for this £1.00 verification.

9.5 We may use third-party vendors (such as payment gateway providers). Our gateway encrypts your card data in transit and we use up to date encryption technologies to protect your details and log in information.

10. Cancellations and Refunds

10.1 You may cancel within fourteen (14) days of booking (cooling off period) without giving any reason, provided cancellation is not within 48 hours of the activity start date/time (the “Refund Window”). You may elect to receive credit or alternative Provider Services instead of a refund.

10.2 Where you cancel after the Refund Window, we are under no obligation to refund you and any alternative service or credit will be at the Provider’s discretion.

10.3 If the Provider cancels or Provider Services were not provided, you must notify us within three (3) days of when they were due to take place. We will issue a refund or you may elect credit or alternatives if available.

10.4 If you receive Provider Services within fourteen (14) days of ordering, you acknowledge you no longer have the right to cancel those Provider Services. Where multiple services have been ordered and some have been received and accepted (no complaint within 48 hours), there will be no refund for cancellation of those Services not yet received.

10.5 To cancel, use “my bookings” on the Site. If the Site is not working, contact customer services immediately by email at contactus@fibodo.com or by telephone on 0207 043 0043 (or such other number as may be published on the Site).

10.6 If a transaction is reversed or charged back (Chargebacks), fibodo may be obliged to investigate and this may result in administrative costs and/or withholding of payments to the Provider. If the User makes a Chargeback fraudulently or mischievously, fibodo may claim losses and expenses from the User and may terminate the User’s account.

10.7 You will assist us when requested, at your expense, where investigation is required. You permit us to share information about any Chargeback with the Provider, the Provider’s financial institution, and your financial institution.

11. User Obligations

  1. 11.1.1 You will not use the Site to procure or attempt to procure any services which are controlled, regulated or banned by law.
  2. 11.1.2 We take no responsibility for the quality of Provider Services offered by any Provider through the Site.
  3. 11.1.3 We do not conduct due diligence on Providers and you rely on feedback at your own risk.

11.2 Users agree not to void or try to avoid paying us our fee in respect of any services which a Provider provides after introduction through use of the Site.

11.3 Users agree not to invoke Chargebacks unless fraud is genuinely suspected.

12. Acceptable Use Policy

12.1 All Users agree that:

  1. 12.1.1 they will not decrypt, extract, disassemble, reverse-engineer or decompile the Site;
  2. 12.1.2 they will not use the Site other than as a single product;
  3. 12.1.3 the right to use any upgraded or updated version replaces the right to use the version being upgraded;
  4. 12.1.4 the Site contains confidential, proprietary information and trade secrets owned by us or our licensors;
  5. 12.1.5 they will not use the Site unlawfully or fraudulently;
  6. 12.1.6 they will not:
    • (a) remove proprietary or copyright notices;
    • (b) include any portion of the Site in any other software program; or
    • (c) develop methods enabling unauthorised parties to use the Site.
  7. 12.1.7 they waive rights inconsistent with these Terms to the extent permitted by law;
  8. 12.1.8 they will not create modifications or derivative works, and any such works vest in us on creation;
  9. 12.1.9 they will not transmit viruses or harmful code;
  10. 12.1.10 they will not damage, interfere with or disrupt the Site;
  11. 12.1.11 they will not send spam or unsolicited promotions;
  12. 12.1.12 they will not infringe rights, harass, harm, or restrict others’ use of the Site;
  13. 12.1.13 they will not impersonate others or misrepresent affiliation;
  14. 12.1.14 they will not post comments about themselves that are not in good faith and in accordance with their honestly held belief;
  15. 12.1.15 they will not harm or attempt to harm minors; and
  16. 12.1.16 they will not use contact details obtained via the Site to harass any person.

13. Our Liability

13.1 We do not review listings or content posted by any Provider and have no control over or liability for accuracy, fairness, or quality. We are not a party to Provider–User transactions and have no liability for Provider actions or performance.

13.2 We will supply the Site using reasonable skill and care but provide it on an “as is” basis. We have no liability for:

  • (a) actions of other Users;
  • (b) interruption of the Site;
  • (c) lawfulness of listings/services; or
  • (d) accuracy of information provided by Providers or Users.

13.3 To the extent permitted by law, we exclude all implied terms, warranties and conditions.

13.4 We are not liable for indirect or consequential losses (including data, revenue, profits, opportunity, goodwill or reputation).

13.5 Information on the Site is not advice; we are not liable for reliance placed on it.

13.6 Our liability is limited to £100 (one hundred pounds sterling). We are not liable for Provider Services not provided where you have not notified us of them not being provided.

13.7 Nothing excludes liability that cannot be excluded, including death/personal injury by negligence or fraudulent misrepresentation.

14. Indemnity

14.1 You agree to indemnify us and our affiliates, directors, officers, employees and agents (and their licensors and suppliers) against claims and losses arising from third-party claims related to your access or use of the Site.

15. Content

15.1 The Site and material published through it are protected by copyright and intellectual property laws.

15.2 You agree not to reproduce, distribute, copy or publicly display content that is not your own, except as needed to use the Site in accordance with these Terms.

16. Privacy

16.1 You agree that we and Providers may process personal information about you in accordance with our Privacy Policy (available at www.fibodo.com).

16.2 You agree not to use contact details or personal information obtained through the Site except for receiving Provider Services or as explicitly agreed by the data subject.

16.3 You agree that we may disclose your identity to parties asserting rights infringement or to public authorities on request.

17. Suspension and Termination

17.1 We may suspend or terminate your account/access at any time for any reason without notice.

17.2 We are not liable for any suspension/termination.

17.3 You may stop using the Site at any time, but remain liable for Provider Services you have agreed to provide or procure (as applicable).

17.4 Termination does not affect accrued rights or liabilities.

18. Linking

18.1 You may link to the home page of the Site if done fairly and legally and without implying endorsement without consent.

18.2 Third-party links are for information only; we are not responsible for external content or losses from use.

19. Access

You agree that you will not use any scraper, spider, robot, harvesting bot or other automated means to access the Site without our express written consent, and you will not interfere with the operation of the Site or place an undue strain on our infrastructure.

20. Other Important Terms

20.1 We may assign/transfer our rights and obligations; you may not without consent.

20.2 If any term is invalid, the remainder remains in force.

20.3 Failure to enforce a right is not a waiver.

20.4 These Terms confer rights only on you and us (unless expressly stated).

20.5 These Terms are the entire agreement and supersede prior terms and representations to the fullest extent permitted by law.

20.6 Subject to clause 13.7, you confirm you have not been induced by prior representations not reproduced in these Terms and waive claims relating to them.

20.7 “Including” does not limit preceding categories.

20.8 Nothing creates employment, agency, partnership, joint venture or profit sharing.

20.9 These Terms are governed by the laws of England and Wales, with proceedings brought in England and Wales or the jurisdiction you live in.

21. Contact Us

If you have any concerns about material which appears on the Site, please contact us by email at contact@fibodo.com.