1. Who we are and how to contact us
- 1.1 www.fibr.com is a platform site operated by Lendflo Limited (“We” “us” “our”). We are registered in England and Wales under company number 10861934 and have our registered office at Ingestre Court, Ingestre Place, London, England, W1F.
- 1.2 We are a limited company in the business of providing online credit facilities to businesses.
- 1.3 To contact us, please email email@example.com (for visitors) or firstname.lastname@example.org (for customers) or telephone our customer service line on +44117325 7531
2. By using our platform you accept these terms
- 2.1 By using our platform, you confirm that you accept these terms, including any acceptable use policy and other documents referenced herein, and that you agree to comply with them. You also warrant that you are a legal entity and that you are authorised to bind your company to these terms.
- 2.2 If you do not agree to these terms, you must not use our platform.
- 2.3 This platform, and the services provided by us, are intended for business purposes only, and you may not use our platform or our services for any other reason than for your internal business purposes. This platform and our services are not intended to be used by individual consumers or minors.
- 2.4 We recommend that you print a copy of these terms for future reference.
3. There are other terms that may apply to you
- 3.3 Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our platform. When using our platform, you must comply with this Acceptable Use Policy.
- 3.4 If you purchase any products or services from us through our platform, you will also be required to enter into the relevant Financing Agreements (as applicable to the product or service purchased), and all subsidiary documentation, with us, the terms of which shall govern the supply of the products and services from us to you, as well as these terms.
4. We may make changes to these terms
- 4.1 We amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 10th September 2020.
5. We may make changes to our platform
- 5.1 We may update and change our platform from time to time to reflect changes to our products or sevrices, our users’ needs and our business priorities or due to a change in legislation or regulation. We will try to give you reasonable notice of any major changes.
6. We may suspend or withdraw our platform
- 6.1 Our platform is made available free of charge. Any products or services provided by us shall be charged in accordance with the charges detailed in any Finance Agreement.
- 6.2 We shall use all reasonable endeavours to make our platform available for use 24/7 however we do not guarantee that our platform, or any content on it, will always be available or be uninterrupted.
- 6.3 If you are receiving any products or services from us under a Finance Agreement, such products and services shall be provided during normal Business Hours on Business Days. Business Days is defined as any day which is not a Saturday or a Sunday or a bank holiday in England and Wales. Business Hours are between the hours of 9am to 5pm GMT (or BST as applicable).
- 6.4 We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons, or to carry out planned maintenance outside of normal Business Hours, or unscheduled maintenance performed during Business Hours. We will try to give you reasonable notice of any suspension or withdrawal.
7. You must keep your account details safe
- 7.3 If you know or suspect that anyone other than you knows your Security Credentials, you must immediately notify us email@example.com.
8. How you may use material on our platform
- 8.1 We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 8.2 You acknowledge and agree that we, and our licensors, own all intellectual property rights in the services and documents that we provide to you in accordance with any Finance Agreement that you have entered into. These terms nor any Finance Agreement do not grant you any rights to any copyright, data base right, trade secrets, trade names, trade marks (registered or unregistered) or any other rights or licences in respect of any services or documentation.
- 8.3 You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others within your organisation to content posted on our platform.
- 8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 8.5 Our status (and that of any identified contributors or licensors) as the authors of content on our platform must always be acknowledged.
- 8.6 You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us by entering into a Finance Agreement with us, or from our licensors by entering into a direct agreement with them.
9. Do not rely on information on this platform
- 9.1 The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. Nothing contained on our platform constitutes investment advice, legal advice, compliance advice or an assurance or guarantee as to the expected outcome of using the platform. You agree that you will not rely on the contents of the platform and that you will take all steps you deem necessary, at your own expense to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform, or prior to entering into any transactions.
- 9.2 Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
- 9.3 We do not warrant that your use of any of the products or services that we provide to you, or the functionality of our platform will meet your requirements, or meet your business purposes, and it is for you to ascertain whether the services that we provide are suitable for your purposes.
- 9.4 The Customer will agree that it will not reply on the contents of the platform and that it will take all steps it deems necessary, at its own expense, including obtaining independent professional advice, to arrive at its independent opinion and its decision whether or not to enter into transactions.
10. We are not responsible for websites or platforms we link to
- 10.1 Where our platform contains links to other websites, platforms or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or platforms, or information you may obtain from them.
- 10.2 We have no control over the contents of such websites, platforms or resources.
11. User-generated content is not approved by us
- 11.1 This platform may include information and materials uploaded by other users of the platform, our licensors including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.
- 11.2 If you wish to complain about content uploaded by other users or our licensors please contact us on firstname.lastname@example.org
12. Our responsibility for loss or damage suffered by you
- 12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- 12.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in any Financing Agreement (including and subsidiary documentation) entered into by you prior to the receipt of such products or services.
- 12.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it.
- 12.4 We will not be liable to you 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:
- 12.4.1 use of, or inability to use, our platform; or
- 12.4.2 use of or reliance on any content displayed on our platform.
- 12.4.3 Use of the services provided by us to you through the platform.
- 12.4.4 Any inaccurate, incomplete or incorrect data provided by you.
- 12.5 In particular, we will not be liable for:
- 12.5.1 loss of profits, sales, business, or revenue;
- 12.5.2 business interruption;
- 12.5.3 loss of anticipated savings;
- 12.5.4 loss of business opportunity, goodwill or reputation;
- 12.5.5 any indirect or consequential loss or damage;
- 12.5.6 loss of data; or
- 12.5.7 any delays delivery failures, or any other loss or damage resulting from transfer of data over communications networked and facilities, including the internet, and you acknowledge that any services provided by us maybe subject to limitations, delays and other problems inherent in the use of such communications facilities.
13. How we may use your personal information
- 13.1 To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors or partners of your business and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions for services.
- 13.2 To assist us with meeting our obligations, we will carry out an electronic verification check and credit reference check via third party providers in order to verify your or your shareholders or officers or partners, identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent of each individual officer and shareholder to such checks being carried out.
- 13.5 We will use your personal information, and any other information you provide to us, to ascertain whether we can provide services to you. We may ask for more information if required to adequately follow our risk assessment process, however we are under no obligation to provide services to you, and we reserve the right to decline any application for services based on the information you have provided to us, without reason.
14. Uploading content to our platform
- 14.1 Whenever you make use of a feature that allows you to upload content to our platform, or to make contact with us or other users of our platform, you must comply with the content standards set out in our Acceptable Use Policy.
- 14.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- 14.3 You warrant that any data or information uploaded into our platform or made available to our licensors or third parties through the use of the platform, is complete, accurate and correct in all respects, and you shall bear full responsibility for the accuracy of the data provided to us and any third parties through the use of our platform. We shall be excluded from any liability of omission in content, errors or false statements made by you, and you shall fully indemnify and hold harmless us, in relation to any costs which arise as a result of the same.
- 14.4 Any content you upload to our platform will be considered non-confidential and non-proprietary, unless it is provided to us as part of the products or services which we provide to you under any Financing Agreement (“Confidential Information”). Confidential Information does not include information that (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) is independently developed by the receiving party, which independent development can be shown by written evidence; or (v) the disclosing party has consented to such disclosure.
- 14.5 Both you and we will be given access to each others Confidential Information in order to perform services under a Financing Agreement, and both you and we shall hold each other’s Confidential Information in confidence and not make each other’s Confidential Information available to any third party, or use the Confidential Information for any purpose other than as required for the proper performance of the Financing Agreement. Both you and we shall take all reasonable steps to ensure that each other’s Confidential Information to which we both have access is not disclosed or distributed by our or your employees or agents in violation of these terms.
- 14.6 We may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, we shall give you as much notice of such disclosure as possible and, where notice of disclosure is not prohibited, we shall take into account your reasonable requests in relation to the content of such disclosure.
- 14.7 We are also obliged to report any reasonable suspicions about instructions received, transactions and activities to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- 14.8 You retain all of your ownership rights in your content, but you are required to grant us, and any relevant licensors (for the purposes of providing services to you) a licence to use, store, reformat, distribute and otherwise process and copy that content and to distribute and make it available to third parties as necessary for the proper performance of the services to you. The rights you license to us are described in Rights you are giving us to use material you upload as set out below.
- 14.10 We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
- 14.11 You are solely responsible for securing and backing up your content.
- 14.12 We do not store terrorist content.
15. Rights you are giving us to use material you upload
- 15.1 When you upload or post content to our platform, you grant us the following rights to use that content:
- 15.1.1 To perform services to you in accordance with any Financing Agreement (and all subsidiary documentation) entered into by you;
- 188.8.131.52 Initiate payment orders with respect to a payment account held by you with other payment service providers;
- 184.108.40.206 To access and share account information;
- 220.127.116.11 To carry out (i) identity record checks (ii) document checks (iii) facial similarity checks; and (iv) watch list report checks; for the purpose of confirming your identity, verifying that documents submitted are genuine and ascertaining that you are not listed as an international PEP or held on the sanctions list.
16. We are not responsible for viruses and you must not introduce them
- 16.1 We do not guarantee that our platform will be secure or free from bugs or viruses.
- 16.2 You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.
- 16.3 You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 platform and receive our services will cease immediately.
17. Rules about linking to our platform
- 17.1 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.
- 17.2 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.
- 17.3 You must not establish a link to our platform in any website that is not owned by you
- 17.4 Our platform must not be framed on any other website or platform, nor may you create a link to any part of our platform other than the home page.
- 17.5 We reserve the right to withdraw linking permission without notice.
- 17.6 The website or platform in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
- 17.7 If you wish to link to or make any use of content on our platform other than that set out above, please contact email@example.com
18. Which country’s laws apply to any disputes?