Wiserfunding Terms and Conditions
Who we are
Wiserfunding Limited is incorporated in England & Wales with its registered office at 2nd Floor Regis House, 45 King William Street, London, United Kingdom, EC4R 9AN (company number 10149809) and registered with the Information Commissioner's Office (reference number 00011987648). We are an SME risk assessment platform. We do not assess private individuals, but only companies based on public data. Our risk assessment does not affect your personal credit score or that of your business. General conditions To support usage of our Service, we must expressly exclude liability for any inaccuracies, service failures or errors to the fullest extent permitted by law. Accordingly, we cannot provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information offered through the Service. 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 willful misconduct). 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. The Service is not intended as advice or to be relied upon by you in any way, including as the basis for making or not making any decision, and 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. You use and download information from the Service at your own risk and should use software to detect and disinfect viruses in any information you use and download. The availability of third party 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. We reserve the right to change any aspect of the Service at any time without notice or to suspend access to the Service, or end it.
Limitations of what we offer
Our Service is intended for your own business-related purposes only. We do not provide debt counselling or debt advice. If you'd like support in this area, we suggest you contact Business Debtline. We cannot guarantee that our Service will be successful for you, neither are we obliged to provide our Service to you. Our Service is based on information from third parties over which we have no control, and may contain inaccuracies or errors. Where you have not made us aware of your specific needs, it is your responsibility to ensure that any recommendations made through the Service meets your requirements. Content and information provided as part of the Service may not be timely or correct, and will change without notice, meaning that it is for your general information and use only.
Access to the platform
Warranties and liabilities
Subject to the payment of the Fees and the Lender complying with the other terms and conditions of this agreement, Wiserfunding hereby grants to the Lender a non-exclusive, non-transferable right to permit the Authorised Users to use the Platform and the Documentation during the Subscription Term solely for the purpose of the Lender and its employees internal use as set out in this Agreement. In relation to the Authorised Users, you undertake that: (a) each Authorised User shall create a strong password for his use of the Platform and keep it secure; (b) it shall notify Wiserfunding when it would like to terminate an Authorised User’s right to access the Platform, for example when that Authorised User’s employment has ceased. Wiserfunding shall then terminate such Authorised User’s access to the Platform accordingly; (c) it shall notify Wiserfunding as soon as is practicable when it reasonably believes that there has been unauthorised access to the Platform; and (d) it shall be responsible for informing Authorised Users as to your policies and other user guidance with which it requires that such Authorised Users must comply (e.g. confidentiality including in relation to price sensitive information, systems, social media). You shall not access, store, distribute or transmit any Viruses, or use of Platform: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm others including minors in any way or seek to groom or seek to influence minors inappropriately; (d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (f) to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. Lender must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, Lender may commit a criminal offence under the Computer Misuse Act 1990. Supplier will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Lender’s identity to them. Wiserfunding reserves the right, without liability or prejudice to its other rights to the Lender, to disable the Lender's access to any material that breaches the provisions of this clause. You shall not: (a) reproduce, duplicate, copy or re-sell any part of the Platform, Score, Documentation, Wiserfunding application program interface, or any information provided to the Lender in connection with processing any Lead, in contravention of the provisions of this agreement; (b) access without authority, interfere with, damage or disrupt: (i) any part of the Platform; (ii) any equipment or network on which the Platform is stored; (iii) any software used in the provision of the Platform; or (iv) any equipment or network or software owned or used by any third party. (c) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under this agreement, attempt to create derivative works from, or distribute all or any portion of the Platform and/or Documentation (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (d) access all or any part of the Platform and Documentation in order to build a product or service which competes with the Platform and/or the Documentation; (e) use the Platform and/or Documentation to provide services to third parties (other than as permitted by this agreement); (f) charge a Customer for using a Score or Lead generated by the Platform;
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Wiserfunding. The rights provided under this clause 2 are granted to you only, and shall not be considered granted to any subsidiary or holding company your organisation. Platform You shall, during the Subscription Term, provide the Platform and make available the Documentation to you on and subject to the terms of this agreement. Wiserfunding reserves the right, but shall not be obliged, to update and/or make changes to the Platform from time to time as set out in this clause 3. We shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for: (a) planned maintenance as notified to the Lender from time to time; and (b) unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give you notice in advance.
Provision of Scores
4.1. We will provide rating scores for Customers; (a) that have registered via our platform (b) that are your customers where you have requested a Score via the platform. Wiserfunding’s obligations We will undertake that the Platform will perform materially in accordance with the Documentation and with reasonable skill and care. The undertaking at clause 4.1 shall not apply to the extent of any non-conformance which is caused by use of the Platform contrary to our instructions, or modification or alteration of the Platform by any party other than ours or our duly authorised contractors or agents. (a) we do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, Documentation and/or the information obtained by you through the Platform will meet the your requirements; and (b) we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Lender acknowledges that the Platform and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. This agreement shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement. Wiserfunding warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement. In the event that Wiserfunding reasonably believes that there has been unauthorised access to the Platform by someone on behalf of you, it shall notify you as soon as is reasonably practicable and may suspend the individual’s access to the Platform pending confirmation from you.
Your usage and responsibilities
By using the Service, you agree to notify us promptly of any changes in the details you have provided to us. You shall ensure that all information you provide to us is complete, true, up-to-date and accurate in all respects. You are solely responsible at your own cost and expense for creating backup copies and replacing any information you provide via the Service. You agree to keep your username and password secure and when they are used to log-in we will assume that you are the person giving instructions and you will be liable for them unless and until you notify us that this is no longer the case. You are responsible for any activity through the Service arising out of any failure to keep your password secure. We may refuse or disable your access at our sole discretion without notice or explanation where it is lawful to do so. If at any time you wish to cease using the Service, you may contact us to request deactivation of your account. Within a reasonable time of this notification, we will remove any third-party data access you may have given us. Historical data will be maintained by us as described below. You agree not to use the Service in a way that harms our reputation, and you agree to comply with all applicable laws and regulations, including the General Data Protection Regulations (GDPR). 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 your breach of these terms. We will make reasonable efforts to provide support for the Service during office hours by email on email@example.com.
Our intellectual property
If you want to make a complaint you can email firstname.lastname@example.org with brief details of your complaint and your reference. We will acknowledge your complaint within one Business Day, then investigate and send you an initial response within another three Business Days. We will aim to resolve the matter within four weeks of receiving your complaint.
If within eight weeks after receiving a complaint we are still not able to resolve the matter, we will send you a final response. If you don’t agree with our final response you may be entitled to refer your complaint to the Financial Ombudsman Service, who can be contacted by telephone on 0800 023 4567 or at www.financial-ombudsman.org.uk. You may also have the right to make a complaint directly to the Financial Ombudsman Service.
We reserve the right to vary these terms and conditions at any time, including assigning these terms. We may send any notices to you by email to the address provided when you signed up to the Service, or otherwise as updated by you through the Service. You agree that we may send you notices via email or via alerts within the service. 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. 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. Clear, fair and not misleading. – if you have any questions please get in touch with us.