Please read these terms of use carefully before you start to use our Website. By using our Website, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using our Website.
1. Introduction
- These Terms and Conditions apply between you, the User of this Website and Funding Xperts, the owner and provider of this Website.
- These Terms and Conditions (together with the documents referred to in it) explain the terms on which you may use our Website, available at fundingxperts.co.uk whether as a registered User or Guest. Use of our site includes accessing, browsing, or registering to use our site (where applicable). Please read these Terms and Conditions carefully before using our Website.
- By using our Website, you accept, understand and agree to abide by the Terms and Conditions. If you do not accept the Terms and Conditions outlined on this page, please do not use our Website.
- These Terms and Conditions refer to the following additional terms, which also apply to your use of our site:
Our Privacy and Cookie Policy are available at www.fundingxperts.co.uk/privacy-policy/and www.fundingxperts.co.uk/cookie-policy/, which sets out: (i) the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate; and (ii) information about the cookies on our site.
2. Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
- “Data” means collectively all information that you submit to FundingXperts via the Website FundingXperts.co.uk. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
- “FundingXperts Ltd” is a UK Limited company registered in England and Wales under company number 11384238, with a registered office address at 104 Roebuck Road, Chessington, KT9 1EU, United Kingdom. FundingXperts Ltd can be contacted by telephone at +44 (0) 207 183 8251 or by email at applications@fundingxperts.co.uk.
- “User” means any third party that accesses the Website and is not employed by FundingXperts Ltd and acting in the course of their employment. A User would include but not be limited to an Introducer, a Lender or a Business;
- “Website” means the website that you are currently using FundingXperts.co.uk and any sub-domains of this site;
3. Scope of Terms and Conditions
- These Terms and Conditions apply only to the actions of FundingXperts Ltd and Users with respect to this Website. It does not extend to any website that can be accessed from this website FundingXperts.co.uk.
4. Use of Our Website
- Our site is made available free of charge. You have permission for temporary use of our Website, but we can suspend, withdraw, discontinue or change our service at any time without telling you and without being legally responsible to you. Our lenders will not carry out any credit checks until you have given signed permission to do so but even at an early stage, when discussing your business case in general terms, it is important to build the confidence of lenders by providing as much information as clearly and completely as possible. For this reason, information that you provide to us via our website for the purposes of Funding Xperts helping you to find, compare and apply for business finance should be complete and accurate as we will use this information when discussing your case with our panel of Lenders. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site.
- You must treat all information, including but not limited to email addresses, passwords, user identification codes and other security and personally identifiable information as strictly confidential. You must not disclose it to any third party. If we think you have failed to keep confidentiality, we are allowed to disable and prevent your access to our Website. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by telephone at +44 (0) 2071838251 or by email at applications@fundingxperts.co.uk.
- If you allow anyone else to use or access our Website, you are responsible for ensuring that they read these Terms and Conditions and other applicable terms and conditions first, and that they accept, understand and agree to abide by them.
- You can only use our Website as allowed by law and these Terms and Conditions. If you fail to abide by this, we are allowed to disable or prevent your access to our Website or suspend or limit your usage.
- We frequently update our Website and make changes to it, but we do not have to do this, and material on our Website may be out-of-date, not free from errors or not suitable for your purposes.
- The content on our Website is provided for general information only. No material on our Website is intended to contain advice, and you should not rely on it for any purpose. We exclude all legal responsibility and costs for reliance placed on our Website or any content displayed on it by anyone. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site.
- We have strict data security and privacy policies in place, which are described on our Privacy and Cookie Policy, which you can read at www.fundingxperts.co.uk/privacy. By using our Website, you agree to the terms of our Privacy and Cookie Policy, to us handling this information and confirm that the data you provide is accurate, true, up-to-date and free from error.
5. Intellectual Property Rights
- We are the owner or licensee of all intellectual property rights in our Website, including but not limited to the copyright and any rights in the designs, graphics, text, illustrations, video, audio, photographs and in any of the material posted on our Website, excluding material sourced from third-party service providers. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You are allowed to print one copy and download extracts of any page on our Website for your personal reference, but not for commercial use without a license or written permission from us. You must not alter anything, or use any designs, graphics, text, illustrations, video, audio, photographs or any of the material posted on the Website separately from the text that goes with them. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. Material displayed on our Website that has been sourced from third-party service providers is subject to the Terms and Conditions of the said service providers and is not within the scope of this clause.
- If you breach this clause, your right to use our Website will cease immediately, and you must, at our option, destroy or return any copies of any designs, graphics, text, illustrations, video, audio, photographs or other material you have made, in printed or electronic form.
6. Our Legal Responsibility to You and Limitation of Our Liability
- Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
- As far as legally possible, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website;
- use of or reliance on any content displayed on our Website;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage
- We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
7. Uploading To Our Website
- If you contact other Users of our Website via our Website or upload any type of material or Data to our Website, you must follow our Privacy and Cookie Policy, which you can read at www.fundingxperts.co.uk/privacy. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
- Any type of material that you upload to our Website or any communications that you initiate, engage in or upload to our Website will be regarded as non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the service provided by the Website and across different media. This means that we can use, store, copy, distribute and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can provide them your identity as the User that uploaded the said material to our Website.
- We will not be legally responsible to anybody for any material or the accuracy of material that you upload to our Website, and we can remove it at any time if we think it does not follow our Privacy and Cookie Policy or for any other reason.
- The views expressed by other users on our Website do not represent our views and values.
8. Computer Offences
- If you partake, support, encourage or are aware of anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use our Website may be restricted, suspended or terminated from immediate effect. We are allowed to report you to the relevant authorities and give them your identity if deemed necessary.
- Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material onto our Website, or engaging in unethical practices that would either directly impact or facilitate a negative impact on our Website or our company’s operations.
- You, or any other User that you make our Website aware to, must not try to access our Website, server, source code, databases, intellectual property or operational procedures to initiate or help facilitate an ‘attack’ on our Website or engage in computer misuse, as outlined above.
- We will not be legally responsible to you for any personal, financial or other damage incurred by you as either a direct or indirect result of computer misuse, including but not limited to viruses, worms, Trojans or other technologically harmful or damaging material, software, programs, tools or applications.
9. Links To Our Website
- You are allowed to make a legal link to our Website’s homepage without our written permission, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We are allowed to end this permission at any time without notice.
- If you make a legal link to our Website’s homepage, you must not suggest that you are working in partnership with us, are associated with us or are related in any other way, unless we have agreed in writing to any of these relationships outside of these Terms and Conditions. In the latter case, you must receive written permission from us to express, either verbally or in writing, an existence of a partnership, association or relationship between ourselves and yourself.
- You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
10. Links from Our Website
- Links from our Website to other websites, documents or any third-party destination are only for informational purposes, and do not necessarily represent an existence of any form of endorsement, support, relationship or partnership.
- We do not accept responsibility for other websites, documents or third-party destinations or for any personal, financial or other loss you suffer from accessing, using or engaging with them. In addition, we do not accept responsibility for any loss of income, profit, business, data, contracts, goodwill or savings from your use of any website, document or third-party destination that you visit as an indirect or direct result of a link on our Website. We have no control over the contents of those sites or resources.
11. Changes to these Terms and Conditions
- FundingXpertsLtd reserves the right to change these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on our Website and you are deemed to have accepted the terms of the Terms and Conditions on your first use of our Website following the alterations. By continuing to use our Website at any time after we have posted change(s) to these Terms and Conditions, you are confirming that you have accepted, understood and agreed to abide by the updated Terms and Conditions.
12. Applicable Law
- These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims relating to them or the Website) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
13. Contact Us
- FundingXperts Ltd can be contacted by telephone at +44 (0) 207 183 8251or by email at applications@fundingxperts.co.uk. Please refer to our contact page available at fundingxperts.co.uk/contact or more information.
Information about us
We are a Limited company registered in England and Wales at Companies House under the FundingXperts Ltd (we, us, our, and FX). Our registered office is at 104 Roebuck Road, Chessington, KT9 1EU and our company number is 13384238.
If you have any queries about the Website or any information contained on it, please contact us at 104 Roebuck Road, Chessington, KT9 1EU or by telephone on +44 (0) 207183 8251; or by email at gerhard@fundingxperts.co.uk.
Accessing our website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some or all of our Website. We will not be liable if for any reason our Website is unavailable at any time or for any period.
If you breach these Terms of Use, your permission to use the Website terminates immediately and you must immediately destroy any downloaded or printed extracts from the Website.
You are responsible for making all arrangements necessary for you to have access to our Website.
By accessing our Website any person using your computer agrees to be bound by these Terms of Use. You are responsible for ensuring that all persons who access our Website through your internet connection and on your computer are aware of these Terms of Use and that they comply with them. You are also responsible for the use of our Website by any person using your computer.
Disclaimer
Nothing on this Website is intended, nor should it be taken, to create any legal or contractual relationship. Any transmission, downloading or sending of any information from the Website does not create any contractual relationship.
The content of the Website is designed for information purposes only. Neither the information nor any opinions stated in the Website constitute a solicitation or offer by FX to buy or sell any securities or other financial instruments or to provide any investment advice.
The provision of investment services may be restricted in certain jurisdictions. It is your responsibility to acquaint yourself with any local laws and restrictions on the usage of this Website and the availability of any services described on it. The information on this Website is not intended for distribution to or use by any personal entity in any jurisdiction or country where such distribution would be contrary to local law or regulation. The Services are available only to persons in the United Kingdom. The Services are not available to United States persons directly, unless introduced to FXby a FINRA registered broker or their United States attorney.
Nothing in this Website may be published in the press or elsewhere without permission of FX.
FX does not provide legal or tax advice. Clients of FXand viewers of this Website are encouraged to consult their own legal and tax advisers before making any investment decision. Private companies in all jurisdictions and potential investors should take independent legal and taxation and investment advice before proceeding with any type of fundraising activity.
While we endeavour at all times to ensure the information on our Website is clear, fair and not misleading at the date of publication, we do not hold the information as impartial and it should not be viewed as wholly objective. Information on this Website is based on sources that we believe to be reliable, but we give no undertaking that it is accurate or complete and FX cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose or at all.
Any opinions are subject to change without notice and FX is under no obligation to report or keep information accurate.
This Website is controlled and operated by FX in the United Kingdom. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all applicable laws.
Intellectual property rights
This Website, its contents, any materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by or licensed to us and/or from third parties and all rights, title and interest in them shall remain the property of FX and/or such third parties (collectively, the Content).
The Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You are permitted to print copies and download extracts of the content on the Website for your own personal use for information purposes only, and may draw the attention of others within your organisation to material posted on the Website, subject to the following conditions:
- our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged;
- you must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text;
- you must not duplicate, copy, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute, redistribute or exploit the Website, or any portion of the Website, for any public or commercial use without our express prior written consent;
- you must not otherwise use any part of the Website in contravention of these Terms of Use.
If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made.
Unlawful or prohibited use
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, trojans, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
You must not misuse our Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
Any such unauthorised use of our Website may give rise to a claim for damages and/or be a criminal offence under the Computer Misuse Act 1990. We will report any such activity to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and without further notice.
Privacy
Our Privacy Policy applies to use of our Website, and its terms are made a part of these Terms of Use by this reference.
Additionally, by using our Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Website may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. We are not responsible for any messages which are lost, altered by third parties or intercepted and we will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or by us to you via the internet.
Our Website makes use of cookies. Cookies are files which our server uses to identify your computer. Cookies cannot identify which person is using the computer. The cookies we use record which parts of our Site are being visited and for how long.
The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 requires that cookies can only be placed on a computer where the user has given their express consent. You can choose to accept or decline cookies when you first access our Site. We require you to indicate your choice via an automated “pop-up” box, which explains the cookies we use and what we use them for. Most web browsers automatically accept cookies, but you can also usually modify your browser setting to decline cookies if you prefer. If you decline to accept our use of cookies or set your web browser to decline their use, you will have only limited functionality in the use of our Site. Our Privacy Policy contains further guidance on our use of cookies.
Exclusion of liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, originality or completeness. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
In jurisdictions which do not allow the exclusion or limitations of certain types of liability, FX‘s liability will be limited to the maximum extent permitted by law.
Nothing in these Terms of Use limits or excludes our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
Indemnity
By using our Website, you agree to indemnify and hold harmless FX from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that FX may become obliged to pay, arising or resulting from your use of our Website, the Content, or your breach of these Terms of Use. FX reserves the right to assume or participate, at your expense, in the investigation, settlement and defence of any such action or claim.
Links to third-party websites
Our Website may contain links to websites and resources maintained by third parties. These links are provided for your information only. We have no control over the contents of those websites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for the content, availability or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
Please note that other websites and resources linked to on our Website may be governed by separate terms and conditions, including privacy policies. You should refer to the applicable terms and conditions of those websites and resources before using them and you should direct any questions or comments about the linked website or resource to the appropriate website provider.
Linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Website other than that set out above, please address your request to gerhard@fundingxperts.co.uk
Revision of terms
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Miscellaneous
Any failure by FX to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.
If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.
These Terms of Use (together with any documents referred to in them) constitute the entire agreement between you and FX with regard to your use of our Website, and any and all other written or oral agreements or understandings previously existing between you and FX with respect to such use are superseded and cancelled.
Your concerns
If you have any concerns about any material which appears on our Website, please contact gerhard@fundingxperts.co.uk.