Terms of Service

INTRODUCTION 

This document sets out our general terms of service provided by Funding Friends Ltd. It is different to our “Terms of Business” which are issued to clients on a transaction-by-transaction basis.  

This Terms of Service is put in place because some rights and or obligations may apply pre-contract between Funding Friends Ltd and people or businesses who engage with us. 

This “Terms of Service” should be read in conjunction with our Privacy Policy, Cookie Policy, Data Policy, Complaint Policy, Treating Customers Fairly and any other documents, controls, systems, policies or processes We implement from time to time 

Our Terms of Service govern the use of the broking service “Service” provided by Funding Friends Limited “We”, “us”, “our” to any business engaging with us “you”, “your”. 

1 Who We are 

1.1 Funding Friends Limited is registered in England and Wales (Company No. 12693505) and has its Registered Office at Office 4, 219 Kensington High Street, Kensington, London, W8 6BD. 

1.2 Funding Friends Limited is registered with the Information Commissioner’s Office (ZA794106). 

1.3 Funding Friends Limited is authorised and regulated by the Financial Conduct Authority (935775). 

1.4 We are a broker, not a lender.  

2 Limitations of what We offer  

2.1 Our Service is intended for business-related purposes onlyWe do not broker personal finance but may be able to direct you to third parties who do so. 

2.2 We do not normally provide specific debtcounselling or debt advice as a service, however where a business seeks to restructure it’s debts including debt aggregation or refinancing We do provide these services. 

2.3 As a broker We are not lenders and are reliant on Third Parties and therefore cannot guarantee that our Service will be successful for you. 

2.4 Our Service is based on information, content and services provided from third parties, usually but not exclusively lendersWe have no control over this information and it may contain inaccuracies, errors or omissions, it may also not be timely or correct, and could change without notice. Therefore We cannot provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information offered through the Service. 

2.5 We will usually advise on an appropriate product or solution, however it is your choice to proceed with any options presented to you and it is your responsibility to ensure that any options presented to You through the Service meet your requirements.  

2.6 You are not obliged to take our advice or continue with our Service or take any products or services through Us. 

2.7 We expressly exclude liability for any inaccuracies, service failures or errors to the fullest extent permitted by law.  

2.8 To the extent permitted by applicable law, each party shall only be liable to the other party for any loss or damage which results as a directly foreseeable consequence of its breach of this Agreement or negligence (except in the case of fraud or wilful misconduct). 

2.9 Nothing in these terms shall seek to exclude or limit liability for death or personal injury or any other liability that cannot be lawfully excluded or limited. 

2.10 We may receive commission from Lenders or Third Parties for introductions We make to them. This is normally disclosed in our Terms of Business or Suitability Letter, however in any event if you would like to know what commission we are likely to receive or have received as a result of providing our Service, or by referring you to a third party, please ask us in writing and we will disclose this to you. 

2.11 As a result of the provision of The ServiceWe will normally make a recommendation to You with regard to a Product or Service however you should obtain your own independent financial, accounting, tax and/or legal advice concerning your activities in connection with the Service and any finance application and/or agreement. 

2.12 The Service is used by You at your own risk and if you download information You should use software to detect and disinfect viruses in any information you use and/or download.  

2.13 The availability of thirdparty sites, links, services or information via the Service does not constitute any recommendation, advice, endorsement or publication by us and We are not responsible for any such sites, links, services or information provided by any third party.  

2.14 We are not obliged to provide our Service to you and We reserve the right to change any aspect of the Service at any time without notice or to suspend access to the Service, or to end it for any or no reason. 

3 Your usage and responsibilities  

3.2 You acknowledge that You have been advised by Us to seek independent advice before signing any agreements either with Us or any third parties We introduce;  

3.3 When instructing UsYou must confirm the Terms of Business and information in the Suitability Letter is accurate and correct; 

3.4 You acknowledge that We source funding and services from a panel of lenders and service providers which may change from time to time and will not consist of all lenders at all times; 

3.5 You agree to pay the Fees which may become due and payable through the provision of this Service. 

3.6 You agree to act with the utmost good faith in the provision of information to Us so as to enable Us to accurately complete any the Lending Proposal or documentation required. 

3.7 You acknowledge that the Lender or Service Provider is likely to make a Finance Offer or provide a Service relying on the information which is submitted to Them by Us, such information being given to Us by You 

3.8 Should such information be false, it may render any Finance Offer void and any Finance Agreement entered into terminated or Service revoked. 

3.9 You will not withhold any information from Us that You know, or ought reasonably know, would affect Lender or Service provider’s view of the Lending Proposal, Service Proposal or You. 

3.10 The duty not to withhold information from Us as set out in the clause above is continuous and applies to all the information You provide, whether We asked for it or whether You provided it voluntarily.  

3.11 You agree to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by a Lender or Service provider. 

3.12 You agree to notify Us if at any time You intend to appoint an additional or alternative broker or intermediary to obtain an offer of finance for them whereupon We will be entitled, but not obliged, to terminate this Agreement forthwith.  

3.13 If You fail to notify Us that You intend to appoint an alternate or additional Broker or intermediary prior to doing so and if an offer of finance is then put forward by a Lender with whom We have a relationship or to whom We have already submitted a Lending Proposal to on behalf of YouYou will pay Us the Fees normally payable to Us as detailed in the Terms of Business we agree. 

3.14 By using the Service, You agree to notify Us promptly of any changes in the details You have provided to Us. 

3.15 You shall ensure that all information you provide to Us is complete, true, up-to-date and accurate in all respects.  

3.16 You are solely responsible at your own cost and expense for creating backup copies and replacing any information you provide Us.  

3.17 You agree that We and the Lenders or Service Providers We work with may carry out identity verification and credit checks on You and your owners or directors.  

3.18 You and your owners or directors acknowledge that credit reference agencies link together the records of you and anyone that you have advised us is a financial associate (e.g. someone with whom you have a joint credit account) including previous and subsequent names of parties to the account. Links between financial associates will remain on yours and their credit reference files until such time as You or your associate successfully files for a disassociation with the credit reference agencies.  

3.19 We and any Finance Provider may take into account information about yours and your owners’ or directors’ financial associates in yours or their credit reference.  

3.20 If at any time you wish to cease working with Us, please notify Us and we will cease our provision of services to You.  We will maintain historical data as described in our Data Policy.  

3.21 You agree not to use our Services in a way that harms our reputation, and you agree to comply with all applicable laws and regulations. 

3.22 You agree to indemnify and hold us, our staff, officers, group companies and partners harmless from loss, damage or claim, made by third parties and/or incurred as a result of your breach of these terms.  

4 Our intellectual property  
 
4.1 All Content included on the Website or provided to you in the course of our Service, unless uploaded by Users, is the property of Funding Friends Limited, our affiliates or other relevant third parties.  

4.2 In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website or Service, including any such content uploaded by Users.  

4.3 By continuing to use the Website or our Service you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission 

4.4 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  Funding Friends Limited.  

5 Our management of data  

5.1 Our Data Protection policy is detailed in full at www.fundingfriends.co.uk/dataprotection. 

5.2 Our Privacy Policy is detailed in full at www.fundingfriends.co.uk/privacypolicy   

6 Client money  

6.1 Funding Friends Limited does not hold or in any way handle any client monies whatsoever.  

6.2 Any payments for the provision of loans or services provided by Lenders or other Third Parties should be made directly to them. 

6.3 The only time We should receive monies from You is when you pay an invoice issued by Funding Friends Limited for a payment to Funding Friends Limited.  

6.4 If you are asked by anyone to send money to us other than to pay a legitimate invoice please let us know at hello@fundingfriends.co.uk. 

7 Complaints  

7.1 Our complaints policy is detailed in full at www.fundingfriends.co.uk/complaints 

8 Other terms  

8.1 We reserve the right to vary these terms and conditions at any time, including assigning these terms.  

8.2 We may send any notices to you by email to the address you provided when you signed up to the Service, or initially engaged with Us. 

8.3 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain enforceable. Failure to exercise or enforce rights or provisions shall not constitute a waiver.  

8.4 Your use of the Service is subject to English law, and We both agree to submit to the jurisdiction of the English courts to settle any dispute that might arise. 

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