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These Terms of Use describe your right to use the Services, your content, your account and eligibility, conditions of use, and liabilities. When we refer to “FundApps”, we mean the FundApps entity that acts as the controller or processor of your information, as described in the FundApps affiliates section.
Valid as of [Insert Date]
Please read the following Terms carefully before using this Website (FundApps.co) and our Platform (the "Services"). By using the Services, you confirm that you have read, understand and agree to be legally bound by these Terms. If you do not agree with these Terms, you should not use the Services.
1.1 FundApps is owned and operated by FundApps UK Limited ("FundApps" "we", "us" or "our"). We provide an online platform (the "Platform") to enable organisations to automate their regulatory compliance ("Clients").
1.2 Your access to the Services are made available to you subject to these terms and conditions (these "Terms"). The Terms constitute a binding legal contract between you and us.
1.3 We may amend these Terms from time to time. If we do, we will publish the amended Terms or the changes to them on the Services and the amended Terms will take effect 30 days from the date on which we publish the amendments. Your access to the Services may be restricted or prevented unless and until you have agreed to such amended Terms.
1.4 We will not amend the Terms in such a way that would cause material detriment to you.
2.1 FundApps grants you a nonexclusive limited right to access and use the Services for your own internal business use only, subject to your compliance with these Terms.
2.2 We may change the Services from time to time. When we do, we will inform you via the Services. If you are not happy with the changes, then you must stop using the Services.
3.1 As part of your use of the Website, you may upload content to our Community pages or interact with other customers ("Content"). Unless otherwise agreed in writing, you grant us:
(a) a non exclusive licence (including the right to sub licence third parties) to use the Content and other information as necessary to perform the Services and to allow you to access and use the Services and any features or services connected with the that you request from us from time to time; and
(b) permission to disclose the Content to other users of the Services where you authorise or request us to do so using the available functionality of the Services.
3.2 We may any appropriate action against you for any Content you upload which breaches these Terms, including removal of such Content.
4.1 As part of the Services you may have a user account. You must:
(a) be an authorised user as granted by your employer to create a user account and use the Services;
(b) provide accurate information to us and keep it updated;
(c) use your real name and contact details to set up your account;
(d) keep your user account password a secret and not share it with anyone;
(e) inform us as soon as possible if you believe your account credentials have been compromised; and
(f) use the Services honestly and with integrity.
5.1 You must not misuse the Services. In particular, you must not:
(a) use the Services for any fraudulent or unlawful purpose or causes us to breach any laws;
(b) impersonate any person, to create a false identity, or to falsely state or otherwise misrepresent your identity or your affiliation with any person;
(c) create or set up an account for anyone other than yourself, even if they have given you permission to do so;
(d) upload or transmit anything that is obscene, defamatory, abusive, threatening or that infringes any other persons rights or interferes with their access to the Service;
(e) disclose information using the Services that you are not entitled or do not have consent to disclose (such as confidential information of others);
(f) permit any third party to access or use the Service except as provided for in the Terms;
(g) upload any sensitive personal information.
5.2 You must not breach our security or do anything that could harm our Services. In particular, you must not:
(a) interfere with or disrupt the operation of the Services or access to it;
(b) transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
(c) access another persons account on the Platform without their permission;
(d) restrict or inhibit the ability of any other person to access or use the Platform or the Services; or
(e) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Service.
5.3 You must not infringe our rights. In particular, you must not:
(a) do anything this is likely to bring us into disrepute during the course of your use of the Services;
(b) copy, modify, adapt, translate or create derivative works of the Platform or the Services or any information, content, material or data on the Platform except as permitted by these Terms;
(c) monitor the Platform or its availability, performance or functionality for any competitive purpose;
(d) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Platform;
(e) scrape the Platform or use any software, devices, robots, scripts or other means or processes to scrape the Platform or extract information from the Platform or the Services;
(f) imply or state that you are affiliated or endorsed by us without our express consent; or
(g) engage in framing, mirroring, or deep linking of the Platform.
5.4 We may temporarily or permanently limit or restrict your access and use of the Platform or the Services if we consider that:
(a) you have breached, or we reasonably suspect you have breached, any provision of these Terms; or
(b) it is reasonably necessary from time to time in connection with any actual or perceived security threat to the Platform or the Services.
6.1 Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.
6.2 Unless otherwise agreed in writing, the Services are made available to you on an "AS IS and "AS AVAILABLE" basis. It is your responsibility to ensure that the Services are suitable for your intended purposes.
6.3 Unless otherwise agreed in writing, we give no warranties, assurances or guarantees:
(a) that access to and use of the Platform or the Services will be uninterrupted or error free;
(b) that the Platform or the computer servers from which the Services are made available, are free of viruses or other harmful components. You are responsible for implementing appropriate processes, systems and procedures to protect yourself and your devices from these types of issues; and
(c) as to the accuracy, content, timeliness, completeness, reliability, quality or suitability of the Platform, the Services, and any other information, materials or content accessed via the Platform or otherwise made available in connection with the Services.
6.4 Except as otherwise set out in these Terms, all warranties, terms, conditions and undertakings, whether expressed or implied by common law, statute, course of dealing or otherwise in relation to the Platform and the Services are excluded to the fullest extent permitted by law.
6.5 You acknowledge and agree that the operation of the Platform and the Services is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and we do not guarantee and will not be liable for these in any way.
(a) Subject to clause 6.1, we will not be liable to you for any losses incurred as a result of your use of the Services including: for any special, indirect or consequential loss;
(b) for any loss of profits, data, revenues, business, employment or goodwill (whether such losses are direct or indirect); and
(c) any Content uploaded to the Services by you or any other users.
For information about our processing of personal data relating to you please see our privacy notice. Additionally, our Services may use cookies and other similar technologies.
9.1 Illegality/Severance: If any provision of these Terms is declared by any competent court or body to be illegal, invalid or unenforceable under the law of any jurisdiction, or if any enactment is passed that renders any provision illegal, invalid or unenforceable under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability of the remaining provisions.
9.2 Waiver: If we fail to insist that you meet your obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and it does not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you. Even if we delay in enforcing our rights under these Terms, we may still enforce our rights later.
9.3 Entire Agreement: These Terms constitute the entire agreement and understanding between you and us relating to your access to and use of the Services. Nothing in these Terms shall operate or be construed to exclude or limit any liability of any person for fraudulent misrepresentation.
9.4 No reliance: You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by us or any other person except as expressly set out in these Terms, in respect of which your sole remedy shall be for breach of contract.
9.5 Assignment and subcontracting: we may assign our rights and/or subcontract our obligations under these Terms to any other person at any time. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
9.6 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the Services (including non contractual disputes or claims) shall be governed by English law. The parties submit to the exclusive jurisdiction of the English courts for all purposes relating to and in connection with these Terms and any such dispute or claim
