Terms of Service

Regulatory status. The Float Instalment Plan described in these Terms of Service is an unregulated payment arrangement and is not regulated by the Financial Conduct Authority. This means you do not have access to the Financial Ombudsman Service in respect of disputes arising solely from the Float Instalment Plan. Nothing in this statement affects your statutory rights against the Merchant under applicable consumer law.

1. FLOAT SERVICE
   1. This Terms of Service governs your use of Float to pay in instalments (“Float Instalments”) and use the proprietary software products (the “Float Platform”) (collectively the “Float Services”). Float Services may only be used to accept payment for Goods within the United Kingdom (“UK”).
   2. You will buy goods or services (“Goods”) from the person offering them (“The Merchant”) via their e-commerce website and/or the physical location(s) at which the Merchant conducts business (“Merchant Site”) and in accordance with the Merchant terms and conditions of sale (collectively the “Sale”) coupled with this Terms of Service.
   3. By selecting to pay in Float Instalments and using the Float Services, you agree that we can take payment in the number of periodic instalments that you have selected (“Instalments”) for the full purchase price of the Sale (inclusive of any VAT) from your eligible UK issued Visa or Mastercard credit card (“Credit Card”). If your request for Float Instalments is approved, we will pay to the Merchant the purchase price for the Sale.
   4. Float does not impose any interest or additional charges to you for selecting to pay in Float Instalments. Your standard Credit Card terms and conditions will still apply.
   5. In order to pay in interest-free Instalments using the Float Services, you agree to the number, schedule and amount of each Instalment, the Authorisation and capture of an amount up to the outstanding balance of the Sale amount on your Credit Card, and other matters detailed in the Terms of Service (collectively the “Instalment Plan”). The number, schedule and amount of each Instalment that will be charged to your Credit Card will be displayed to you before you complete the Sale.
   6. After you have successfully set up an Instalment Plan, we will email you a receipt confirming your Instalment Plan details, including the amounts, dates, and stored Credit Card details (“Instalment Plan Receipt”). The Instalment Plan Receipt forms part of this Terms of Service. We will also notify you by email 7 days before each Instalment.
   7. At the time of purchase, the first Instalment is charged, and the remainder of the purchase amount is Authorised on your Credit Card. The remaining Instalments will be charged in the agreed schedule until your purchase is fully paid.
   8. An Authorisation means that a portion of your available credit limit on your Credit Card will be temporarily on ‘hold’ to ensure that the outstanding balance is available within your existing credit limit (“Authorisation”). You will not be able to spend an amount that is on ‘hold’ and this amount may appear as “pending” in your Credit Card statement. The amount may remain on ‘hold’ for up to 30 days, but may be released sooner, depending on your Credit Card issuer. However, even if this amount is released back into your credit limit, it is your responsibility to ensure the outstanding balance is available and that your Credit Card is valid at all times during the Instalment Plan.
   9. If applicable to your Instalment Plan and agreed by you before completing the Sale, we may periodically renew the Authorisation for the outstanding balance of the Sale amount, using the Credit Card linked to your Instalment Plan. We will also notify you by email 7 days before we attempt to renew any Authorisation.
   10. If any Instalment or Authorisation fails, we will notify you by email. We will continue attempting to obtain the Instalment or Authorisation at intervals for the following 7 days. You can provide us with a valid alternative Credit Card to link to your Instalment Plan. We will then submit any Instalments or Authorisations and any subsequent settlement requests against this Credit Card instead.
   11. If, after 7 days from the initial failed attempt, we are still not able to obtain an Instalment or Authorisation, we will submit a payment request against the last Authorisation we held against your Credit Card for payment of the outstanding balance of the Sale.
   12. We will process the Instalment Plan from the Credit Card you submitted at the time of the Sale being successfully concluded, unless you have subsequently provided us with a valid alternative Credit Card, in which case, we will process the Instalment Plan using that Credit Card instead. It is your responsibility to ensure that, until the last Instalment is paid:
       1. the Credit Card provided to us remains valid and is not cancelled or expired; and
       2. the outstanding balance of your Instalment Plan remains available in your Credit Card limit at all times.
   13. If your Credit Card is replaced, cancelled, expired, or otherwise is no longer valid for any reason, we will need to process the Instalment Plan from an alternative Credit Card. We will contact you by email and you must log on to the Float Platform and provide a valid alternative Credit Card for future Instalment payments. If you do not provide an alternative means of payment within 7 days of us notifying you, all amounts owed under this Terms of Service will become immediately due and payable.
   14. You may make an ad‑hoc payment at any time by emailing support@choosefloat.com. Payments are allocated based on whether any Instalments are overdue or not. If not overdue, we will allocate payment to the last Instalment. If an overdue Instalment is settled, we will allocate payment to the earliest dated overdue payment and cancel any scheduled retry attempts. We will email you an updated Instalment Plan schedule after any ad‑hoc payment is made.
   15. In order to pay in interest-free Instalments using the Float Services, you authorise us to arrange for a PCI DSS certified provider to store your Credit Card data and provide us with a payment token. Whilst we do not store your Credit Card data, we will use that payment token to submit any Instalment or Authorisation requests (including any retries described in this Terms of Service). This consent remains in effect until your Instalment Plan is closed. If we make a material change to how your Credit Card details are stored, we will notify you in advance via email.
   16. We do not guarantee access to our Float Platform and reserve the right to decline your request to use our Float Services at our sole discretion, even if you have previously used the Float Services and paid your Instalments in full and on time for other Instalment Plans. Our discretion will be exercised reasonably.
   17. The purchase of the Goods comprising the Sale is governed solely by the Merchant’s terms and conditions, and policies, strictly between you and the Merchant. Float will not be liable for any loss arising from the Merchant’s failure to fulfil its obligations to you. Your agreement with Float relates solely to the Float Instalment Plan and Float Services and is separate from the agreement of the Sale with the Merchant.
   18. We do not guarantee or endorse and have no responsibility for:
       1. the suitability, quality or delivery of any Goods purchased by you from the Merchant; or
       2. the availability of any Goods, all of which are the responsibility of the Merchant.
   19. Once you have entered into this Terms of Service, we cannot amend or cancel amounts owed on the Instalment Plan without written confirmation from the Merchant in accordance with clause 7 (Refund Arrangements).
   20. Nothing in these Terms of Service reduces or removes your statutory rights against the Merchant (including rights under the Consumer Rights Act 2015 or under the Consumer Contracts Regulations regarding distance contracts). If you validly cancel or return Goods in accordance with applicable law, your Instalment Plan will be adjusted, paused or refunded to reflect that cancellation or return once Float is instructed by the Merchant or otherwise verifies the Merchant’s refund/return.
   21. This Terms of Service will terminate upon completion of your Instalment Plan. However, you may request to terminate this Terms of Service and your Instalment Plan at any time by emailing support@choosefloat.com. Upon termination, the full outstanding balance of your Instalment Plan will become immediately due and payable, and you authorise Float to capture this amount from your Credit Card. Once the outstanding balance has been successfully captured, the Instalment Plan will be closed. This clause does not affect your statutory rights, including any rights to cancel your underlying Sale between the Merchant.
2. SHOPPER OBLIGATIONS
   You acknowledge and agree that –
   1. You have the legal capacity to enter into this Terms of Service, and you:
      1. are over 18 years of age;
      2. have the mental capacity to understand the nature and effect of this Terms of Service;
      3. are acting on your own behalf and are not subject to any legal order or restriction that prevents you from entering this Terms of Service; and
      4. have used a valid Credit Card issued by a UK-regulated bank or financial institution in your (Shopper’s) name.
   2. You will provide us with complete and accurate billing and contact information, including a valid email address, and maintain and update such information when necessary. By doing so, you warrant that the information provided is correct.
   3. You will make Instalment payments in terms of this Terms of Service on the due dates as per the Instalment Plan without any deductions or setoff irrespective of any dispute with respect to the Instalment Plan or Sale between the Merchant.
   4. We are entitled to process transactions to your Credit Card account in accordance with the Instalment Plan.
   5. You are liable for any fees or costs that your bank may charge you when payment is made using your Credit Card.
   6. You agree to have sufficient funds and/or credit available in your Credit Card account to cover all Instalments and Authorisations when due, in full.
   7. You accept all risk and liability related to the Sale by the Merchant and agree that we are not responsible for the delivery, suitability or quality of any Goods you have selected to purchase comprising the Sale. You agree to contact and claim against the Merchant in the event of any issue with the Goods or if you wish to return any Goods.
   8. Any dispute that you have about the Sale (including but not limited to the suitability, quality or delivery or return of goods) must be resolved directly with the Merchant to the exclusion of Float.
   9. You may not withhold any payments to us due to any dispute between you and a Merchant. Please note that even in the event of you having a dispute with a Merchant, you may not instruct us to (i) withhold payment to the Merchant or (ii) reverse a payment already made to the Merchant for Goods purchased by you.
   10. You agree to keep your account details and password private and confidential. You are responsible for any orders placed using your account, including any unauthorised or fraudulent use, except to the extent that applicable law limits your liability.
   11. You must contact us immediately if you reasonably suspect that your account may have been used or will be used by an unauthorised third party, or if you suspect fraudulent activity. Failure to notify us timeously may affect your liability for unauthorised transactions.
   12. If we suspect unauthorised or fraudulent activity on your account, or if required by law, we may immediately suspend your account without notice. You are responsible for any losses we incur that result from your own fraudulent or intentional misuse, breach of these Terms of Service, or other unlawful activity.
3. CHANGES TO THESE TERMS OF SERVICE
   1. You must email support@choosefloat.com immediately if any of your contact details linked to your Instalment Plan change, or if your circumstances change in a way that may affect your ability to comply with these Terms of Service.
   2. We may update these Terms of Service from time to time by giving you 30 days’ prior written notice for any of the following reasons:
      1. To comply with law, regulation or industry guidance.
      2. To maintain security, prevent fraud, or address misuse of the service.
      3. To reflect changes to our services arising from technology, systems or third‑party providers, or to align with market practice and consumer usage.
      4. To ensure our services are provided on a prudent and sustainable basis, including reasonable adjustments to features, pricing or eligibility.
      5. To correct a clear error or to make a change that may be beneficial to you.
   3. If the revised version does not include a material change, we may make it immediately and notify you within 30 days. The most current version will be available on our website.
   4. Your continued use of the Float Service after any change takes effect will be seen as your acceptance of the updated Terms of Service. If you object to any change before it takes effect, you may inform us by email at support@choosefloat.com. Terminating these Terms of Service does not alter any obligations under any existing Instalment Plan, which must be repaid in full.
4. FEES AND PAYMENT TERMS
   1. The Instalment Plan Receipt provided to you will serve as the account for the instalment payments required under these Terms of Service and will indicate the due date for each Instalment to be made.
   2. No fees or interest will be charged by Float in respect of these Terms of Service. Please note that your bank may apply interest or other charges in line with the terms and conditions of your agreement with them.
   3. No fees will be charged to open or use Float Instalments or the Float Services.
5. OVERDUE AMOUNTS
   1. We reserve the right to:
      1. Try and recoup any outstanding Instalments or the full outstanding balance of the Instalment Plan, at any later date, at our sole discretion.
      2. Engage the services of a third party to assist in the collection of any outstanding amounts due. To the extent permissible in law, you may be charged collections costs incurred by the third party.
   2. If you do not pay an overdue amount, we may approach a court to take judgment against you. If we do, we may provide account statements or other documentation showing the amounts owed as part of our evidence. You have the right to review and dispute any amounts we claim under these Terms of Service.
   3. The email and physical/billing address that you gave us when completing the Sale is the address that you choose where legal documents may be served on you. If you wish to change your e-mail or physical/billing address you must give us written notice and any such change will take effect 7 business days after we receive such notice.
6. COMPLAINTS
   1. If you have any questions, concerns, or complaints about the purchase of Goods from a Merchant using a Float Instalment Plan, or if you want to request a refund from a Merchant due to dissatisfaction, defect, or non-delivery of goods or services, please contact the Merchant directly. The Merchant will explain your rights and the process to follow.
   2. Float may, at our discretion, try and help you and the Merchant to resolve problems you have, but this does not change your obligation to make payments to us under the Instalment Plan, except as allowed in these Terms of Service.
   3. If you have any questions, concerns, or complaints about Float, or any Instalment Plan, please contact our customer services team at support@choosefloat.com as soon as possible. We take all complaints seriously and will try to put things right. We may ask you to provide additional information or assistance to help resolve your complaint.
7. REFUND ARRANGEMENTS
   1. Any full or partial return of the Sale (“Refund”) is subject to the Merchant’s returns policy and applicable laws and must be settled with that Merchant directly.
   2. We will only process a Refund comprising any Instalments and amend an Instalment Plan once the Merchant has requested us to do so in writing. When we have received the Merchant’s written request, we will deal with the Refund as follows:
      1. for full refunds, the refund amount will be equal to the sum of the Instalments paid to date.
      2. if the refund amount is greater than the Instalments still due, then we will refund you the difference by crediting your Credit Card account.
      3. if the refund amount is less than the instalments still due, then we will adjust the Instalment Plan accordingly to reflect the revised amount still due. We will apply the refund amount first to the last instalment then to the second last etc., working backwards to the first instalment.
   3. We will email you an updated Instalment Plan schedule after the Refund has been processed by us.
   4. If a Merchant refunds you directly in cash, vouchers or the like, you will remain responsible for payment of the Instalment Plan, notwithstanding such refund.
   5. If you believe Float has charged you in error (including duplicate or incorrect amounts), email support@choosefloat.com without undue delay. Float will promptly investigate and, where appropriate, correct or refund any proven erroneous charge in accordance with applicable law.
8. INTELLECTUAL PROPERTY
   1. License
      1. All intellectual property in our Float Platform, including any content, images, logos or graphics are owned by us. You must obtain our written permission if you wish to use any such intellectual property. Float grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the Float Platform solely in connection with the Float Instalments; and (ii) access and use any content, information and related materials that may be made available through the Float Platform, in each case solely for your personal, non-commercial use. Float reserve any rights not expressly granted herein.
   2. Restriction
      1. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Float Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Float Platform except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Float Platform; (iv) link to, mirror or frame any portion of the Float Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Float Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Float Platform; or (vi) attempt to gain unauthorised access to or impair any aspect of the Float Platform or their related systems or networks.
9. MISCELLANEOUS
   1. Limitation of Liability
      1. If we breach these Terms or fail to use reasonable care and skill, we’ll be responsible only for losses that were foreseeable when the Sale was concluded, and our liability will not exceed the purchase price of the Sale. This includes legal and other professional fees, loss of profit, revenue, anticipated savings, business transactions, goodwill or other contracts, to the extent these are not foreseeable or caused by our breach or failure to use reasonable care and skill.
      2. Without limiting the above, we will not be responsible to you for any indirect or consequential losses, claims, liabilities, damages, losses, fines, penalties and expenses arising from our delay or failure caused by events outside our reasonable control, including:
         1. force majeure events;
         2. failures or malfunctions in the Float Platform that are caused by such events; and/or
         3. delays or failure in electronic communication or supporting networks that are caused by such events.
      3. The limitations and disclaimer in this clause 8 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
   2. Indemnification. You are responsible for any losses we incur that result directly from your own fraudulent or intentional misuse of the Float Service, your breach of these Terms, or other unlawful activity.
   3. Assignments and Transferability. You may not cede your rights or delegate your obligations or otherwise assign, novate or transfer your rights and obligations under this Agreement, the Instalment Plan or any Instalment without our consent, which may be withheld in our absolute discretion. We may cede our rights and delegate our obligations or otherwise assign this Agreement, any right in this Agreement, or any Instalment Purchase Agreement or any Instalment Payment to a third party without your consent.
   4. All notices to you shall be given electronically, sent to the electronic mail address provided by you whilst completing the Sale and/or updated after in the Float Platform and shall be effective upon transmittal and/or updating. All notices to Float must be sent via email to support@choosefloat.com. Such written notice will be deemed given upon confirmation of receipt.
   5. The failure of any Party to insist on or enforce strict performance of any provision of this Terms of Service or to exercise any right or remedy under this Terms of Service or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either Party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself.
   6. Governing Law; Jurisdiction. This Terms of Service (and any non-contractual obligations arising out of or in connection with the same) shall be governed by and interpreted in accordance with the laws of the United Kingdom and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise in connection with this Terms of Service and/or the Float Instalments provided hereunder (including in relation to any non-contractual obligations).
   7. Legal Fees. Each party bears its own costs unless a court orders otherwise.
   8. Dispute Resolution
      1. a dispute arises in respect of this Terms of Service, the Parties will use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute being raised in writing.
      2. If the dispute is not resolved after the 7 days have passed, the Parties will, within 10 (ten) days of either Party requesting it in writing, attempt to agree the appointment of a suitably qualified mediator and participate in good faith.
      3. If mediation is unsuccessful or has not taken place within 30 (thirty) days of a request for mediation, either Party may propose that the dispute be referred to arbitration. Any such arbitration shall only proceed if the shopper provides their consent to arbitration.
      4. If the parties agree to arbitrate a dispute, the arbitration shall be held –
         1. in London or at another venue agreed in writing;
         2. in English; and
         3. with a view to being completed promptly.
      5. The Parties irrevocably agree that the decision in arbitration proceedings:
         1. shall be final and binding upon them;
         2. shall be carried into effect;
         3. may be made an order of any court of competent jurisdiction.
      6. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the dispute.
   9. Third party rights. Nothing in this Terms of Service confers or is intended to confer a benefit enforceable by a person who is not a party to it.
   10. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Terms of Service.
   11. If any provision of this Terms of Service or portion thereof is held to be unenforceable, such a determination will not affect the remainder of this Terms of Service.
   12. Entire Agreement. This Terms of Service together with all of our policies referenced herein sets forth the entire understanding and agreement of the Parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the Parties, as to the subject matter of this Terms of Service. You acknowledge that this Terms of Service reflects an informed, voluntary allocation between Float and you of all risks (both known and unknown) associated with the Float Instalments.
   13. Single Agreement. You and Float agree that, in order for the rights and obligations of the Parties to be fairly and equitable administered, the various transactions contemplated under this Terms of Service and the Instalment Plan shall constitute a single, integrated transaction, and not a series of separate or discrete transactions.