Terms and Conditions

Background

These Terms and Conditions apply as between BusinessFunding.co.uk and Users and as between BusinessFunding.co.uk and Customers. A User’s agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon the User’s first use of the Web Site. If a User does not agree to be bound by these Terms and Conditions, the User should stop using the Web Site immediately. These Terms and Conditions are incorporated into a Customer’s Access Agreement. A Customer’s agreement to comply with and be bound by these Terms and Conditions is deemed to occur on the date of its Access Agreement.

1. Definitions and Interpretation

In this agreement the following terms shall have the following meaning:

“Access Agreement” means an Access Terms Summary that specifies, without limitation, the Customer, the Period, the Fee and any Special Conditions, and which has been acknowledged by a User on behalf of a Customer by ticking the checkbox marked “I agree to the BusinessFunding.co.uk Terms & Conditions” on the Access Terms Summary and proceeding to the next stage of the system;

“Access Period” means the period of time specified in an Access Agreement;

“Access Terms Summary” means the web page entitled “Confirm account details” making an offer of an Access Agreement;

“Account” means the credentials, including but not limited to email address and password, that are used by a Registered User to access Paid Content;

“Activation date” means the date on which the first Account is set-up pursuant to an Access Agreement;

“Customer” means an Organisation that has entered into an Access Agreement. For the avoidance of doubt a Customer may be the same as a Registered User;

“Content” means any text, graphics, logos, icons, images, sound clips, video clips, software, data compilations, page layout, underlying code, software and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Fee” means the sum of money specified in an Access Agreement;

“Free Content” means Content that is accessible to all Users;

“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;

“Marks” means any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans whether or not registered;

“Organisation” means a legal entity including, for the avoidance of doubt, an individual;

“Output” means any output including, without limitation, any short list or report of funders and/or funds and any details of funders and/or funds produced by, or exported from, the Web Site;

“Paid Content” means Content that is accessible only to Registered Users;

“Registered User” means any User with an Account;

“Service” means collectively any online facilities, tools, services or information that BusinessFunding.co.uk makes available through the Web Site either now or in the future;

“Special Conditions” means any conditions in an Access Agreement that are marked as Special Conditions. Any such conditions take precedence over the terms of these Terms and Conditions;

“Termination Date” means the date an Access Agreement expires and is calculated by reference to the Activation Date and the Access Period;

“BusinessFunding.co.uk” means Business Funding Research Ltd trading as BusinessFunding.co.uk having registered company number 07312969 and its Registered Offices at 45A Station Road, Willington, Bedford, Bedfordshire, MK44 3QL, UK;

“User” means any party that accesses the Web Site. For the avoidance of doubt User includes, without limitation, any Registered User; and

“Web Site” means the website www.BusinessFunding.co.uk.co.uk and any sub-domains of this site.

2. Intellectual Property

Users and Customers acknowledge and agree that BusinessFunding.co.uk and/or its licensors own all Intellectual Property Rights in the Services, the Web Site, the Content, BusinessFunding.co.uk’s Marks and any Outputs. Except as expressly stated herein, this agreement does not grant any User or any Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, the Web Site, the Content, BusinessFunding.co.uk’s Marks and any Output.

3. Third Party Intellectual Property

Where expressly indicated, certain parts of the Services, the Web Site, the Content, and any Output and the Intellectual Property Rights subsisting therein may belong to other parties (the “Third Party Material”). This Third Party Material, unless expressly stated to be so, is not covered by any permission granted by Clauses 4 and 9 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Use of Free Content

A User may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for any purpose unless either:

4.1 otherwise indicated on the Web Site; or

4.2. directly given express written permission to do so by BusinessFunding.co.uk.

In particular, without limitation, a User may not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, or for creating any aggregated data derived from the Free Content, unless given express written permission to do so by BusinessFunding.co.uk.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of BusinessFunding.co.uk. BusinessFunding.co.uk assumes no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them and BusinessFunding.co.uk makes no representation about such sites, any materials found there or any results obtained from using such site. Users and Customers acknowledge that, if they view advertisements and/or click out on advertisements/links to other sites, BusinessFunding.co.uk may receive payments as a result.

6. Links to this Web Site

6.1. Users and Customers are encouraged to place links to the Web Site from their own website and may do so without prior permission provided that any such links do not:

6.1.1 in any way suggest that BusinessFunding.co.uk is endorsing any products or services other than its own; or

6.1.2 misrepresent the relationship between the linker and BusinessFunding.co.uk nor present any other false information about BusinessFunding.co.uk; or

6.1.3 distort or change any of BusinessFunding.co.uk’s Marks without express written permission from BusinessFunding.co.uk; or

6.1.4 display or use a link in a manner that causes the Web Site or any portion of its Content to display within a frame or border, be associated with any advertising or sponsorship not part of the Web Site, or otherwise incorporate Content into a third-party website; or

6.1.5 alter, block or otherwise prevent display of any content of the Web Site; or

6.1.6 link to the Web Site if the linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the linker’s website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

6.2 BusinessFunding.co.uk reserves the right to revoke the right to link to the Web Site granted under Clause 6.1 at any time.

7. Subscriptions

7.1 An Access Agreement entitles a Customer to set up, have set up, delete or have deleted, an Account for a Registered User.

7.2 Customers are responsible for ensuring that their Registered User complies with these Terms and Conditions.

7.3 A Customer will pay the Fee on the Activation Date.

7.4 The Customer and the Registered User will keep confidential the Access Agreement.

7.5 BusinessFunding.co.uk reserves the right to change Fees from time to time and reserves the right to make any special offers to any customers.

8. Use of Paid Content

8.1 Until termination howsoever caused a Registered User and a Customer is granted a non-exclusive, royalty free, licence to use Paid Content for the purpose of producing Outputs.

8.2 Without limitation, a User may not print, reproduce, copy, distribute, store or in any other fashion re-use Paid Content from the Web Site for any purpose other than the production of Outputs. Specifically a User may not systematically copy Paid Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, or for creating any aggregated data derived from the Paid Content, unless given express written permission to do so by BusinessFunding.co.uk.

9. Accounts

Sharing of Accounts is not permitted unless expressly authorised in writing by BusinessFunding.co.uk. Registered Users are required to keep their Account details confidential.

10. Termination of Subscriptions

10.1 An Access Agreement will automatically terminate on the Termination Date.

10.2 A Customer may terminate its Access Agreement at any time. In such circumstances the Customer will not be entitled to any refund.

10.3 BusinessFunding.co.uk may terminate an Access Agreement with no notice if a Customer and/or its Registered User is in breach of these Terms and Conditions. This shall be without prejudice to any other action BusinessFunding.co.uk may be entitled to take against a Customer and/or a Registered User.

10.4 BusinessFunding.co.uk may terminate an Access Agreement by giving notice of no less than the greater of (a) the period for which a Fee has already been paid by a Subscribing Organisation or (b) three months.

10.5 Upon termination of an Access Agreement, howsoever caused, BusinessFunding.co.uk will remove all Accounts set up by, or on behalf of, the Customer.

10.6 Upon termination of an Access Agreement, howsoever caused, the Customer will not be entitled to any refund.

11. Termination of Accounts

11.1 Registered Users may terminate their Account at any time.

11.2 BusinessFunding.co.uk may terminate an Account if requested to do so by the Customer.

11.3 BusinessFunding.co.uk may terminate an Account if either the associated Access Agreement is terminated pursuant to Clause 10.1–10.4.

11.4 Termination pursuant to Clause 11.3 shall be without prejudice to any other action BusinessFunding.co.uk may be entitled to take against a Registered User or the associated Customer.

11.5 Upon termination of an Account a Registered User will cease to have access to Paid Conten

12. Privacy

Use of the Web Site is also governed by the Web Site’s Privacy Policy which is incorporated into these terms and conditions by this reference.

13. Disclaimers

13.1 BusinessFunding.co.uk makes no warranty or representation that the Web Site or any Output (the “Material”) will meet the requirement of a User or a Customer, that it will be of satisfactory quality, that the Material will be fit for a particular purpose, that the Material will not infringe the rights of third parties, that it will be compatible with all systems, or that the Material will be secure.

13.2 Whilst reasonable endeavours have been made to ensure that all information provided on this Web Site will be accurate and up to date, BusinessFunding.co.uk makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of the Services.

13.3 No part of the Web Site is intended to constitute advice and neither the Content nor any Output should not be relied upon when making any decisions or taking any action of any kind.

13.4 Commercial use of the information on this Web Site is permitted, however BusinessFunding.co.uk makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.5 Whilst every effort has been made to ensure that all descriptions of services available from BusinessFunding.co.uk correspond to the actual services available, BusinessFunding.co.uk is not responsible for any variations from these descriptions.

14. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. BusinessFunding.co.uk gives no warranty that the Service or any Output will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. BusinessFunding.co.uk accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability

BusinessFunding.co.uk’s liability to a Customer for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a Customer’s current Fee.

For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, BusinessFunding.co.uk accepts no liability. Users should be aware that they use the Web Site and its Content or any Output at their own risk. BusinessFunding.co.uk shall have no liability whatsoever to anyone not subject to these Terms and Conditions or to anyone subject to these Terms and Conditions prior to them becoming bound by these Terms and Conditions. Nothing in these Terms and Conditions excludes or restricts BusinessFunding.co.uk’s liability for death or personal injury resulting from any negligence or fraud on the part of BusinessFunding.co.uk.

Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17. Updating Terms and Conditions

BusinessFunding.co.uk reserves the right to update these terms and conditions from time to time and without notice. If BusinessFunding.co.uk does so the updated terms and conditions will take effect for Customers and Registered Users after their Termination Date. For all other Users the updated terms and conditions will take effect immediately and their agreement to comply with and be bound by the updated terms and conditions will be deemed to occur their first use of the Web Site after the update. In the event of any conflict between the updated Terms and Conditions and any prior versions thereof, the provisions of the updated Terms and Conditions shall prevail unless it is expressly stated otherwise.

18. Assignment

The Customer may not assign or transfer any of its rights or obligations under a Subscription Agreement without the prior written consent of BusinessFunding.co.uk. BusinessFunding.co.uk may assign or transfer its rights under a Access Agreement without consent, provided that it gives advance notice to the Customer.

19. Third party rights

These Terms and Conditions are made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.

20. Notices

All notices/communications shall be given to BusinessFunding.co.uk either by post to BusinessFunding.co.uk’s Registered Offices or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21. Law and Jurisdiction

These Terms and Conditions and the relationship between BusinessFunding.co.uk and a Customer or User shall be governed by and construed in accordance with the Law of England and Wales, BusinessFunding.co.uk, Customers and Users agree to submit to the exclusive jurisdiction of the Courts of England and Wales.