Website terms and conditions

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Website terms and conditions

Introduction

1. These terms and conditions (Website Terms) set out the terms and conditions on which you may access and use www.sharecredit.co.uk, including any sub-site, mobile site or app (the Website). If you do not agree with these Website Terms you must stop using the Website. By using the Website, you agree to be bound by these Website Terms.

2. In addition to the Website Terms you will be bound by:

• a. our Privacy Policy which sets out how we collect, store and process personal data provided by our users and how we utilise cookies (see link);
• and, if you become a registered user (User), the following will also apply:
• b. our Platform terms and conditions (Platform Terms) (link);
• c. the specific terms and conditions of any agreement that you may enter into with any other User through the Website, whether as lender, borrower, donor or donee.

3. ShareCredit is a trading name of Share Credit Limited, a limited company incorporated in England and Wales with registered number 09540341 and with its registered address at 18/F, 40 Bank Street, London E14 5NR (ShareCredit, we and us).

4. ShareCredit operates a lending platform for personal and business lending through the Website together with any such ancillary or other services as we may offer from time to time (our Services).

5. In offering our Services, we act as an intermediary. Unless it is clearly marked (in which case we shall disclose all relevant information about our interest), we do not buy, sell or resell any product, service, or property listed on the Website. We never provide advice or make recommendations to any user.

6. We will update the Website Terms from time to time so please review this page regularly. If you disagree with any subsequent change you must immediately stop using the Website.

7. These Website Terms and other documents on our Website may appear in translation in languages other than English as a matter of convenience. It is agreed that the English version of these Website Terms and all other documents on our Website shall in the event of any conflict with versions in languages other than English, shall prevail.

Your promises to us

8. You promise, represent and warrant, by accepting these Website Terms, that all information you have provided or will provide when you register an Account is true, complete, up to date and correct. You agree to notify us if any of your information changes.

User content

9. Any content uploaded to the Website including, but not limited to, details of Offers or comments posted by Users in relation to any Offer is User Content.

10. The User who uploads User Content retains all Intellectual Property Rights in that User Content and grants an irrevocable, worldwide, transferable, perpetual, royalty- free, sub- licensable, non-exclusive licence to ShareCredit to use, modify, publish, distribute, translate and display any or all such User Content whether in public, in any medium in any jurisdiction now and in the future (the ShareCredit Licence) The ShareCredit Licence shall extend to User Content which includes any mark, trademark, images, likenesses and/or biographical materials.

11. ShareCredit shall have no obligation to identify any User or acknowledge their ownership of any User Content but may do so if it wishes.

12. ShareCredit grants an irrevocable, perpetual, worldwide, royalty-free licence to each User to view, download, distribute (subject to the below) and otherwise use any User Content for the purposes of taking advantage of the Services (the User Licence) on condition that the use of such User Content by any User is limited to non- commercial use and any distribution of such User Content contains a clear and unequivocal acknowledgement that such User Content is owned by the relevant User and licensed from ShareCredit.

13. ShareCredit and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of ShareCredit. They may not be used without our prior express written permission.

14. All other trademarks not owned by ShareCredit that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ShareCredit.

Restrictions on what User Content is allowed

15. Each User hereby represents and warrants to ShareCredit and to all other Users that in all matters uploaded by them to the Website and/or transmitted to any User through or by the Website that:

• a. a such User has the right to publish such material,
• b. with regards to any Offer, such User Content uploaded by a User relates solely to the User or their business;
• c. the publication of such User Content on the Website is not likely to bring the reputation of ShareCredit into disrepute; and
• d. such User Content:
1. i. is accurate and is not misleading;
2. ii. is not illegal in any jurisdiction in which such User Content might reasonably be expected to be viewed;
3. iii. does not promote any illegal activity;
4. iv. does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
5. v. does not encourage or promote any political cause or affiliation;
6. vi. is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
7. vii. does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
8. vviii. does not contain libellous or otherwise untrue statements about any person living or dead;
9. ix. does not harass or advocate the harassment of any person;
10. x. does not depict any person less than 18 years of age;
11. xi. is not likely to cause offence to any viewer of such User Content;
12. xii. does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
13. xiii. is not likely to lead a viewer to assume that the User is related to, authorised by or otherwise represents ShareCredit.

Policing of User Content

16. ShareCredit shall be entitled to remove any User Content without notice and without giving any reason.

17. ShareCredit may provide information about the origin of any unlawful or potentially unlawful User Content to any police or judicial authority in any country in which such User Content has been viewed and is illegal and each User hereby irrevocably authorises ShareCredit to provide such information.

18. If you view any User Content on the Website that you believe breaches any of the above restrictions, you agree to report such User Content to ShareCredit as soon as possible.

Responsibility and User Content

19. ShareCredit is not responsible for User Content on the Website; ShareCredit makes no representation and gives no warranty about any User Content and will not be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of any User Content listed on or referred to on the Website.

20. Each User is fully responsible for the accuracy of all User Content it uploads and unconditionally accepts such responsibility. Users cannot require that ShareCredit deletes, amends or removes any User Content after it has been published. ShareCredit reserves the right to amend, delete or remove some or all User Content.

Copyright in Website content

21. All content contained on the Website or in any communication, or post on any social media platform belongs to ShareCredit or has been licensed to ShareCredit by third parties.

Your right to use the Website and conditions that apply to it

22. ShareCredit grants you a limited, terminable, non-transferable, revocable licence to use and display content:

• a. for personal use;
• b. for the purposes of using the Services as contemplated by the Website Terms; and
• c. by downloading such ShareCredit Website content to one computer, and/or printing one copy of such ShareCredit Content; and/or viewing any video or image on one computer, in each case on condition that the format and display of any ShareCredit Content is not altered and any copyright notice and disclaimer or risk warning notice contained on the version of such ShareCredit Content found on the Website remains clear and visible.

23. By using the Website, you acknowledge and agree that ShareCredit may preserve or disclose User Content, as well as your information, if required to do so by law or in the belief that preservation or disclosure is necessary to:

• a. identify copyrighted work or other Intellectual Property Rights that you (or any other person) claim has been infringed;
• b. identify any User Content that you (or any other person) claim is infringing, with enough detail so that we may locate it on the Website;
• c. confirm a statement by you (or any other person) that User Content displayed is not authorised by the copyright owner, its agent, or the law; and
• d. confirm a statement by you (or any other person) declaring:
1. i. the above information is accurate; and
2. ii. that you are (or any other person is) the owner of the copyright interest involved or that you are (or any other person is) authorised to act on behalf of that owner.

24. You must not infringe or try to infringe the privacy or rights of other Website Users or obtain and/or store personal information about them.

Ownership of Website

25. ShareCredit is the sole owner of the Website, which includes any software, domains, design, text, graphics and the sole and exclusive licencee of all software and source code connected with the Website other than User Content. ShareCredit grants you a limited licence to use the Website solely as set out in the Website Terms.

26. The Website is protected by UK and international copyright, trademark, patent and other intellectual property laws. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without ShareCredit's prior express written consent.

Offers on the Website

27. The inclusion of an Offer on the Website does not imply any recommendation by ShareCredit or that ShareCredit believes that the Offer will succeed or prove a suitable investment, sound loan or borrowing opportunity. You must exercise your own skill and judgment in deciding whether to make a participate in any Offer.

28. We do not provide advice about Offers and, if you are unsure, you should obtain independent advice from a qualified person before making a decision on any Offer or if you have any questions or do not understand the Offer.

29. You acknowledge and agree that you are responsible for your own due diligence when considering making a Commitment to any Offer.

Exclusions from liability

30. We do not exclude liability for death or personal injury caused by any gross negligence, fraud or fraudulent misrepresentation on the part of ShareCredit.

31. We are not liable for or responsible for:

• a. any errors or omissions on the Website;
• b. any fault relating to any device used to access the Website;
• c. any bandwidth restriction that restricts or prevents access to the Website;
• d. any failures (including without limitation the ability to access the Website), delays or interruptions on the Website;
• e. any losses or damages arising from the use of the Website and/or the Services;
• f. any conduct by Users of the Website; and
• g. any use of third party software or services.

32. Neither ShareCredit, its shareholders, directors, officers, employees nor agents shall be liable to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or the Website Terms whether or not you have advised us of the possibility of damage.

33. You acknowledge and agree that ShareCredit is not responsible for the accuracy of any information published on the Website by Users and does not warrant that any information appearing on the Website is accurate, true or complete. ShareCredit specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.

34. The Website and any User Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of ShareCredit and are not endorsed by ShareCredit. ShareCredit shall not be liable in the event that any User Content is defamatory, misleading, incomplete or incorrect. Similarly, ShareCredit shall not be liable in the event that any fact is incorrect or misleading.

Security

35. We use technical and other measures to secure your personal information and User Content from unauthorised use, but we do not guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and User Content at your own risk.

Electronic communications and writing

36. By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from ShareCredit. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including where such communications must be in writing.

Third party software

37. You may need to download and activate certain third party software in order to use certain ShareCredit content provided on the Website. Such third party software will be clearly notified to you. In order to use such third party software, you will have to accept the terms of the provider of such third party software. You acknowledge that we have no responsibility or control over such third party software.

Third party links from the website

38. The Website may contain links to third party websites. The inclusion of any links on the Website does not constitute a recommendation of such third party website or a warranty that such third party website is free of viruses and safe to use. If you decide to visit or access any third party website or services, you do so entirely at your risk.

39. Please note that any personal information you provide to a third party website will be processed in accordance with the privacy policy of that website. Please ensure that you have read their privacy policy before disclosing any personal information.

Linking to the website

40. You may link to the Website on condition that:

• a. you do not display any page of the Website in frames or cut or otherwise alter the appearance of the Website; and
• b. you do not misrepresent any relationship you have with ShareCredit and in particular you do not claim a relationship with us or claim to be endorsed by ShareCredit without our prior written consent.

41. ShareCredit reserves the right to withdraw any consent to link to the Website at any time by notice.

Complaints

42. If you have any complaints about the provision of the Services, please contact us using the contact form provided on the Website or at support@sharecredit.co.uk.

43. If you have any complaints about any other User, please contact us using the contact form provided on the Website or at support@sharecredit.co.uk.

44. Depending on the type of Service you are using, you may have additional rights including rights to compensation. You will not normally be entitled to compensation under the Financial Services Compensation Scheme and will not be entitled to compensation solely because a company making an Offer subsequently fails or becomes insolvent.

Proper law and jurisdiction

45. Any claim, dispute or controversy arising out of or in connection with the Website Terms, the specific terms and conditions that apply to the Services being used or their subject matter or formation (including non-contractual disputes or claims), the Website. ShareCredit's advertising or any related transaction between you and ShareCredit shall be governed by and construed in accordance with English law.

46. Any dispute or claim arising out of or in connection with such matters (including non- contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Termination of your right to use the website

47. ShareCredit may change or discontinue your use of the Website and/or any of the Services at any time without prior notice. ShareCredit reserves the right to terminate your use of the Website at any time, for any reason, and without notice.

48. In the event of termination, ShareCredit has no obligation to transfer to you or allow you to view any User Content uploaded by you to the Website.

49. In the event of termination, any payments due to be paid by a User to any other User of the Website and its Services shall be paid.

Third party rights

50. The Website Terms are agreed between you and ShareCredit. No other person shall have any rights under or in connection with the Website Terms under the Contracts (Rights of Third Parties) Act 1999.

Other provisions

51. If any court or competent authority decides that any term of the Website Terms or the specific terms and conditions that apply to the Services being used is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

52. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

53. ShareCredit’s failure to enforce any provision of the Website Terms or the specific terms and conditions that apply to the Services being used shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

54. You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the Website Terms or the specific terms and conditions that apply to the Services being used.

55. The Website Terms and the specific terms and conditions that apply to the Services being used set forth the entire understanding and agreement between you and ShareCredit with respect to the Website Terms.

Definitions

56. The following words or phrases shall have the following meanings:

• Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
• Offer: an offer listed on the Website by an Offer or as a borrower (in respect of an offer soliciting a loan) or as donee (in respect of an offer soliciting donations).