1. DEFINITIONS In these conditions, the following words have the following meanings, unless the context requires otherwise:
1.2 "Content" means any File, series of Files (including Microsites) or other material posted on the Site, including the content of any messages sent or received using the messaging function, comments or questions on any file or material posted on the Site, comments provided in discussions and Supplier material, events posted on the Site;
1.3 "Default" means any breach of contract, tortuous act and/ or omission and/ or any breach of statutory duty;
1.4 "File" means any ringtone, screensaver, wallpaper, video, music, image, picture, text file, logo or similar graphical representation which a Subscriber and/ or Visitor is permitted to view, use, copy or download;
1.5 "InformedFunding" shall have the meaning given in clause 2.1;
1.6 "InformedFunding Partner" means any body or organisation associated with InformedFunding which promotes its services or products on the Site with our prior approval, including sponsors;
1.7 "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same;
1.8 "Knowledge Peers" means Knowledge Peers Plc, a company registered in England under number 6384458 with its registered office at 30 Addiscombe Grove, Croydon Surrey CR9 5AY.
1.9 "Microsite" means a specified section of the Site that is dedicated to the services and/or products of a Supplier.
1.10 "Premium Member" means any entity whose registration on the Site has been approved and remains valid for the time being and that either pays a monthly membership fee itself, or a third party pays a membership fee on its behalf. “Premium Membership” shall be construed accordingly;
1.12 "Profile" means the section posted by a Subscriber containing information about itself and the Subscriber's key personnel;
1.13 "Service" means the service provided via the Site to you including, but not limited to, allowing you to browse the Site, search for finance products and services, view Profiles, send messages, post business opportunities, create your own Microsite or comment on Content and discussions;
1.14 "Site" shall have the meaning given in clause 2.1 and any other URLs which forward to such URL or which we may use to provide the Service from time to time;
1.15 "Subscriber" means either a Standard Member or a Premium Member and "Subscriptions"/ "subscribe" shall be construed accordingly;
1.16 "Standard Member" means any entity whose registration on the Site has been approved and remains valid for the time being and that does not pay a monthly membership fee. “Standard Membership” shall be construed accordingly.
1.17 "Supplier" means any Subscriber to the Site who lists their products or services as part of the marketplace function or otherwise promotes their products or services on the Site;
1.18 "User" means a Subscriber or a Visitor;
1.19 "Visitor" means any person who browses the Site without registering as a Subscriber;
1.20 "We/Us" means Knowledge Peers and “us”/ “our” shall be construed accordingly;
1.21 "You" means a User.
2. ABOUT US/THE SITE 2.1 The website hosted at www.informedfunding.com ("the Site") is operated by Knowledge Peers as the InformedFunding platform in order to assist businesses in connecting with finance providers and advisors. For the avoidance of doubt, InformedFunding is not intended for consumers. InformedFunding is a trading name of Knowledge Peers.
2.2 The Site is the exclusive website for InformedFunding. Full access to the site is limited to participants in InformedFunding. The purpose of the Site is to provide InformedFunding participants with a secure platform to:
- network and connect with one another;
- learn from one another;
- find new business opportunities;
- learn about community activities and events;
- source information and intelligence;
- access services and benefits from InformedFunding partners;
3. FINANCE PRODUCTS AND SERVICES 3.1 Our Service allows you to search for and compare various types of finance products and services from different Suppliers.
3.2 You may need to answer a number of questions on the Site in order to search for a finance product or service. These questions are designed to help us provide you with information relating to the products or services in which you are interested. When using the Site, you agree that there may be other finance products and services that are not listed on the Site that may be more suitable for you.
3.3 In order to apply for a finance product or service, you must contact the relevant Supplier.
3.4 Before you apply for any finance product or service, it is very important that you check all of the information held by the Supplier about you to ensure it is correct, complete and accurate. It is your responsibility to identify and correct any mistakes or errors in the information held by the Supplier about you before you apply for any finance product or service.
3.5 If you are in any doubt as to whether any information is relevant or required to be disclosed or that something may be incorrect you should disclose it to your proposed Supplier before you apply for a finance product or service. For the avoidance of doubt, we are not responsible for any information you provide to a Supplier, nor are we responsible for any information a Supplier provides to you.
3.6 It is very important before you apply for any finance product or service that you carefully read the terms and conditions of the product, the Supplier’s terms and conditions and any other documentation that applies to the product. You must familiarise yourself with all the details of the product or service, for example, the interest rate, any early redemption charges, restrictions, exclusions, conditions and obligations which apply to the product or service. It is your responsibility to ensure that the product or service matches your requirements and that you agree to the terms and conditions of the product or service before you apply for it. We accept no responsibility or liability whatsoever for any loss or damage you may suffer or incur in the event that any product or service you apply for does not meet your requirements or is not suitable for you.
4. SUBSCRIPTION 4.1 Standard Membership provides limited access to the Site and is free of charge.
4.2 Premium Membership provides full access to the Site’s functionality and in order to receive this level of membership, you (or a third party on your behalf) agree to pay a monthly fee, which may be varied by us at any time, subject to one month’s notice. Failure to pay the monthly Premium Membership fee shall result in your Subscription being converted to a Standard Membership.
5. SUPPLIERS 5.1 Suppliers that operate their own Microsites on the Site are charged a monthly licence fee that is subject to a separate agreement. We do not receive any other fees or commissions for that Service.
6. TERM 6.1 This Agreement shall begin on the date you complete the online form to register on the Site. Your registration shall not be deemed to have been accepted by us until you have received a confirmation email, upon which you will be considered a Subscriber. This Agreement shall continue until terminated in accordance with these terms.
7. CONDITIONS OF CONTRACT 7.1 You must be a business or charitable organisation to register as a Subscriber or use all of the functionality of this Site. Visitors obtain limited access to certain parts of the Site. By Subscribing to InformedFunding, you represent and warrant that you are acting in a business, and not a personal capacity.
7.2 By using the Site, you represent and warrant that you have the right, authority and capacity to enter into and to abide by the terms and conditions of this Agreement.
7.3 The terms and conditions of this Agreement shall supersede any prior terms and conditions previously notified to you.
7.4 Any use of the Site for purposes other than those set out above is strictly prohibited and a breach of this Agreement.
7.5 Only one account can be created on the Site per Subscriber, which can include details of the Subscriber and key personnel.
7.6 You accept that the purpose of InformedFunding is to promote peer-to-peer networking and access to services and opportunities that will support Subscribers to grow. Management of InformedFunding by Knowledge Peers does not represent financial, management or consultancy advice.
7.7 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Knowledge Peers in writing.
7.8 You acknowledge that you do not rely on any representation and/ or warranty that has not been made in accordance with this Agreement.
7.9 We do not verify the information provided by Subscribers for the purposes of their Microsite and/or Profile and participation in InformedFunding, but reserve the right to monitor and at our option to remove for any reason any information, messages, photographs and/ or other Content posted by you.
7.10 We shall have the right to terminate your Subscription in accordance with the terms of this Agreement.
8. YOUR OBLIGATIONS 8.1 You agree not to, and shall not:
8.1.1 disclose your password to any unauthorised person. You agree to notify us of any unauthorised use of your password, account or other breach of security;
8.1.2 leave your browser logged on to the Site without your attendance so that unauthorised persons might be able to access and/or amend your Profile or Microsite or send messages or make comments without your knowledge;
8.1.3 exit from the Site without properly logging off using the “Sign Out” link;
8.1.4 attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
8.1.5 post and/or reproduce in any way any Files or information and/or material which infringes the Intellectual Property Rights of another party;
8.1.6 copy, store, modify, transmit, distribute, broadcast or publish any part of the contents of the Site, save in accordance with this Agreement;
8.1.7 use the Service to initiate the sending of unsolicited advertising or promotional material, including without limitations, junk mail for commercial or non-commercial reasons;
8.1.8 in any way assign, transfer, part with and/or authorise any other person to use your Subscription;
8.1.9 subject to clause 8.3, permit or create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from another website under your management or control;
8.1.10 copy, modify, reverse engineer/assemble or otherwise attempt to discover/ tamper with any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer, any rights related to the coding of the Site or modify the coding in any manner or form;
8.1.11 use modified versions of the coding for the Site, including (without limitation) for the purpose of obtaining unauthorised access to this Site;
8.1.12 access the Site by any means other than through the interface that is provided by the Site for online access, as displayed to the general public or to Subscribers via the dedicated sign in page;
8.1.13 use the Site for your own commercial purposes or commercial gain in a way that is not associated with the purpose of the Site, or in a way which infringes the rights of others;
8.1.14 use a name so as to infringe our rights, or those of any other person (whether in statute or common law), in a corresponding trade mark or name. You acknowledge that we cannot guarantee that any username you request will be available or approved for use. We reserve the right to require you to select a replacement name and we will suspend our Service to you if, in our sole opinion, there are reasonable grounds for us to believe that your current choice of name is, or is likely to be, in breach of the provisions of this Agreement.
8.3 You may link to the Site provided you do so in a way that is fair and legal and does not damage the reputation of Informed Funding or Knowledge Peers or its members or take advantage of Informed Funding or Knowledge Peers. In the absence of our express written consent, you may not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. You must not establish a link from any website that is not owned by you. You must not establish a link from any website containing offensive or otherwise inappropriate Content. The Site may not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to remove linking permission without notice. You agree to remove any links upon our request or on termination of this Agreement.
9. YOUR PROFILE AND/OR MICROSITE 9.1 You warrant that the information posted in your Profile and/or Microsite is truthful, complete and accurate, not misleading and regularly updated by you as and when necessary.
9.2 We reserve the right to review your Profile and/or Microsite from time to time and to amend and/or delete it if we, in our sole discretion (on reasonable grounds), think that it should be amended and/or deleted.
10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY 10.1 All Intellectual Property Rights in the Service and Site are owned by us absolutely. All intellectual Property Rights in your Content are owned by you absolutely. You hereby grant a non-exclusive licence to us for the purposes of displaying, copying, reproducing, analysing and using your Content as we deem fit.
10.2 You agree that you will keep confidential and not use, except for purposes contemplated by this Agreement, any information relating to the Service which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law.
10.3 We will use our reasonable endeavours to keep all information you provide to the Site, including your personal details such as your surname, e-mail address confidential and will not disclose such information, except where it is public knowledge, is required to be disclosed by law or as a result of a genuine complaint where disclosure is necessary.
10.4 We may use information you supply for the purposes of managing your participation in InformedFunding and in addition, for monitoring and audit purposes, and to refer you to services of value to you.
10.5 We may pass on the information you provide via the Site to InformedFunding Partners who may contact you in respect of related services which we believe may be of benefit to you. We may also pass your details to InformedFunding Partner sponsors in the interests of cost-effective delivery of the service by ourselves or our successors. If you or your employees do not wish your or their details to be passed on, please advise us at firstname.lastname@example.org.
10.7 We do not accept responsibility for you sharing confidential information with other Users of the Site. It is your responsibility to ensure the necessary confidentiality agreements are in place prior to sharing such information.
11. ACCURACY OF INFORMATION 11.1 Any information contained on the Site, and any other websites relating to InformedFunding produced by us, relating to service provision and Suppliers’ details, is provided by the Suppliers. Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such information, products or services.
11.2 The pages of the Site are subject to change without notice. Any reliance you place on any such information is therefore strictly at your own risk.
11.3 We do not warrant that any of the information and/or Content provided as part of the Service is accurate. It is a condition of our allowing you to access the Site and Service that you accept that we will not be liable for any action you take in reliance on the Content contained therein.
11.4 We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to technical issues beyond our control. In particular, errors or conflicts in the software or data may not be correctable.
11.5 You are responsible for obtaining access to the Service via the internet. We cannot assume any responsibility for your failure to access the Site or Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service shall be your responsibility. You are also responsible for any fees or expenses incurred in uploading or downloading Files to or from the Site.
12. UPLOADING CONTENT TO THE SITE 12.1 Should you choose to make use of functionality that allows you to upload Content or make contact with other Subscribers on the Site, you must comply with the following provisions.
12.2 These provisions apply to any Content uploaded to the Site, including that provided via discussion forums and interactive services. Uploads and other contributions must be accurate and fair, comply with applicable laws and must not:
- be defamatory, obscene, offensive, discriminatory, hateful or inflammatory or promote violence or illegal activity;
- be likely to cause annoyance, inconvenience or needless anxiety for any other Users;
- infringe on the copyright or trade mark held by another party;
- be likely to deceive;
- be in contradiction of any legal duty owed to a third party;
- misrepresent your company or yourself; or
- imply any representation by us.
12.3 You agree to notify us as soon as is practicable in the event you believe any Content contained within your account or provided by others on the Site does not comply with the provisions of this clause in order that we may investigate whether it should be removed from the Site or edited.
12.4 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Site.
13. USE OF FILES Use of the Files and any accompanying materials downloaded from the Site is on condition that you will not add, subtract or in any way alter or edit any File (including, for this purpose, any machine-readable code which may be a part of any File), nor will you make any use whatsoever of any File or any other element of our or any third party’s Intellectual Property Rights (including but not limited to our name, whether used in a URL, metatag, hyperlink or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by us in writing.
14. MESSAGING VIA THE SITE 14.1 You are able to send messages to and receive messages from other Users using the messaging functionality on the Site. You are solely responsible for your interactions with other Subscribers and any messages you send via the Site and we accept no liability for the same. 14.2 We reserve the right, but have no obligation, to monitor disputes between you and other Users.
14.3 We may communicate with you via the messaging functionality on the Site or by email.
15.2 We do not verify business services postings by Subscribers and have no responsibility for such postings on the Site.
15.3 Whilst we provide the functionality for users to post business services on the Site, we are not the purchaser or seller of these services. Any agreement entered into by a Subscriber relating thereto is the responsibility of that Subscriber.
16. TERMINATION 16.1 Notwithstanding any other clause of this Agreement, and subject to any Microsite Agreement entered into, either party may terminate this Agreement at any time, for any reason at its absolute discretion. To close your account, please contact us at email@example.com. Termination shall be effective immediately upon our sending an email or letter giving notice of termination to the most recent email address or postal address you have provided to us.
16.2 Termination of this Agreement shall not affect the accrued rights and liabilities of either party.
16.3 Following termination, you agree that we may immediately deactivate your account and all related data in your account and/or bar any further access to the Service. You agree that we shall not be liable to you or any third party for any termination of your access to the Service and shall not be liable to remove data, if requested or demanded by any individual or entity. We shall not be responsible for failure to remove your Profile or Microsite or any other data supplied by you, once the account becomes inactive for any reason, but shall remove it as soon as reasonably practicable after a written request by you.
16.4 We may terminate this Agreement or transfer our rights and obligations under it, together with any Content and/or data we are holding on your behalf or in relation to you, to a replacement provider in the event that InformedFunding is no longer provided by us.
17. LIMITATION OF LIABILITY 17.1 Knowledge Peers and their appointed third parties do not accept any responsibility for liability arising from the Subscriber's choice of Supplier or InformedFunding Partner identified via InformedFunding, nor from any aspect of any work that a Supplier or InformedFunding Partner agrees to undertake. Any service provided by a Supplier or InformedFunding Partner to the Subscriber will be provided subject to the relevant Supplier’s or InformedFunding Partner's normal terms of business. We shall not, under any circumstances, be liable to you, the Supplier, InformedFunding Partner or any third party for any loss, damage, cost or other liability which occurs as a result of, or in connection with the Supplier’s or InformedFunding Partner's provision of services to you.
17.2 Comments and other materials posted on the site by us do not constitute advice and are not intended for use without professional advice.
17.3 Suppliers are aware that registration of their information on this website will in no way guarantee work and we reserve the right to remove Content on reasonable grounds. Such grounds shall include (but not be limited to) improper or unauthorised use of InformedFunding branding; misleading registration; and failure to comply with applicable legal or regulatory obligations. In no event shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the removal of Supplier information from the Site.
17.4 We cannot be responsible for any Files downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will solely be responsible for any damage to your computer system stemming from any losses which might result from the downloading of such material.
17.5 You shall produce to us written evidence of any claim for which it is alleged that we are liable, together with written details of how any loss was caused by us and the steps you have taken to mitigate your loss before we shall have any liability for any claim by you. 17.6 It is possible for other Users and/or third parties to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of such misuse, which is beyond our reasonable control. 17.7 Through the Site you are able to link to other websites which are not under the control of us. We are not responsible for and have no control over the nature, Content and availability of those sites or for any products (including software) or services provided by third parties advertised, sold or otherwise made available on them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. In no event shall we be liable for any losses arising from use of services provided by third parties to which links are provided from the Site.
17.8 Neither party shall have any liability to the other for any:
17.8.1 consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or Service interruptions);
17.8.2 economic and/or other similar losses; and/ or
17.8.3 special damages and indirect losses.
17.9 Each party shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
17.10 You must inform us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or any information on the Site and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
17.11 If you fail to stop the act or acts complained of, we may suspend the Service available to you. If we do so, we will not restore it until we receive an appropriate assurance from you that there will be no further contravention of the terms of this Agreement. 17.12 Our aggregate liability to you under and/or arising under this Agreement in respect of any and all claims shall be limited as follows:-.
17.12.1 in respect of Suppliers, to the Microsite fee; and
17.12.2 in respect of Premium Members, to the Premium Membership fee.
17.13 We shall have no liability to you under and/or arising under this Agreement if you are a Standard Member or a Visitor.
17.14 Nothing in this Agreement shall exclude or limit liability for death or personal injury due to either party’s negligence or fraudulent misrepresentation.
17.15 We shall have no liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/ or matters are due to any event outside our reasonable control, including but not limited to an act of God, war, flood, fire, labour dispute, strike, lock-out, riot, civil commotion, malicious damage, explosion, governmental action or any other similar events.
18. DISCLAIMER 18.1 The contents of this Site, including any Microsites, are for information purposes only and are not an invitation to make an investment, whether in shares, other securities or any other products or services. We do not offer investment advice, nor are we authorised to do so, and accordingly any information contained on this Site should not be construed as investment, legal, tax or any other form of advice. You should always seek appropriate professional advice in relation to such. Please conduct your own due diligence or consult an authorised advisor before making any investment decisions.
19. INDEMNITY 19.1 You agree to indemnify and keep us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses and costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the Service, as a result of any Default by you, including any Content you upload to the Site and activity which you engage in as a result of your use of the Site.
20. GENERAL 20.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement (i.e. no third party shall have any right to enforce this Agreement), save that any assignee of the rights and obligations set out in this Agreement may do so. We may assign this Agreement to any third party without your consent.
20.2 No waiver by us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
20.3 This Agreement constitutes the entire agreement between you and us in respect of your use of the Site. If any provision of this Agreement shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
20.5 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
20.7 This Site is only intended for use by businesses operating the United Kingdom. We make no warranty or representation that any product or service referred to on this Site and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Site from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
21. COMPLAINTS 21.1 Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Services Team by writing to firstname.lastname@example.org.
21.2 We will aim to resolve your complaint within 48 hours. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
21.3 If you are unhappy with any product you have obtained from a third party or Supplier or have any complaint regarding any third party or Supplier, you should address your complaint directly to that third party or Supplier. If you require their contact details, please contact our Customer Services Team who will be happy to assist.
© Knowledge Peers Plc. All rights reserved.
Last updated 20 February 2015