Terms of Use and Sale

Fundability Ltd ("Fundability”, "we" or "us") provides registered users with the ability to directly purchase services via it’s website. These services and use of this website as a whole are provided subject to the following terms of use and sale.

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If you are accessing or using the Services on behalf of your company, you represent that you are authorised to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.

Fundability permits customers to purchase subscriptions to online software-as-a-service products and other services pursuant to Fundability ordering documents, online registration, order descriptions or order confirmations referencing this Agreement (“Order Form(s)”) and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer.

The “Effective Date” is the date which is the earlier of (a) Customer’s initial access to any Service through any online provisioning, registration or order process or (b) the effective date of the first Order Form.
 

PLEASE READ THE TERMS OF USE AND SALE INCLUDING THE WARRANTIES AND DISCLAIMER SECTIONS CAREFULLY BEFORE USING THIS SITE AND/OR SUBMITTING AN ORDER. By registering for an account, using this Site and submitting an order, you agree to the following terms of use and sale (the "Terms of Use and Sale") and our Privacy Policy. If you do not agree to these terms, you may not use this Site or submit an order.

Modification
Fundability reserves the right to modify, alter, or update these Terms of Use and Sale from time to time. By accepting these Terms of Use and Sale, you agree to be bound by modifications, alterations, or updates.

General
This page states the Terms of Use and Sale (“Terms”) under which you may use https://www.fundability.org.uk (the “Site”). Namely, to find information on Fundability’s products and services and purchase those of interest, if applicable. Also to discover and purchase products and services via hyperlinks to the websites of third party suppliers. These Terms include Fundability's Privacy Policy which is incorporated into these Terms by reference. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Site for any reason. 
 

Eligibility
By visiting the Site and accepting these Terms, You represent and warrant to Fundability that You have the right and authority to agree to and abide by these Terms. You also represent and warrant to Fundability that You will use the Site in a manner consistent with any and all applicable laws and regulations.
 

Your Personal Information
Please review our Privacy Policy to understand our privacy practices. We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.

Fundability's partners and third party sellers may access and process personal information via the Site, (for example, buyer name, email address, and delivery address) and are considered separate and independent data controllers of personal information under EU law. That means that each party is responsible for the personal information it processes in providing it’s services and Fundability is not responsible for any unauthorised disclosure of personal information by any of it’s partners and / or third party sellers. If, however, Fundability, it’s partners and /or third party sellers are found to be joint data controllers of personal information, and if Fundability is sued, fined, or otherwise incurs expenses because of something that it’s partners and /or third party sellers did as a joint data controller of personal information, then Fundability will not accept any liability in respect of their breaches.
 

Your Account with Fundability
To purchase products and service on the Site, you’ll need to create an account with Fundability and agree to the following rules:

A. You must be 18 years or older to use our Services.
B. You agree to provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Fundability

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Each registered User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information. You are responsible for paying all fees for products or services purchased from Fundability. This includes paying any applicable taxes for any purchases you make through our Services such as the correct amount of value-added tax or VAT, if applicable.

Terms of Sale
The following sets out the terms and conditions upon which we supply products or services to you. If you purchase products or services after following a hyperlink on our Site to a third party website, their terms and conditions will apply. Nothing in these terms affects your legal rights, and we only have a legal duty to supply products that conform to the contract between us, not between a third party supplier and you.  
 

Order Acceptance
If we accept your order, we will send you a confirmation of this by email. The receipt of an email order confirmation from you constitutes our acceptance of your order and the conclusion of a contract between us to sell the products or services you have ordered, subject to these terms (the "Contract"). You should retain that email for your records. Whereas, following such acceptance, we will always seek to meet the requirements of your order, there may be circumstances following confirmation where we are unable to provide products or services due to unavailability (of which we were not aware at the time of confirmation of the order). If that is the case, we will notify you as soon as possible and will refund the money for the unavailable products back onto your card. If the payment process has not begun at that time, the money for such products will not be taken out of your account or from your card. Our acceptance does not guarantee and is subject to the availability of products following the receipt of confirmation email from you.
 

Our Products and Services
Prices and availability of products and services listed on the Site are subject to change without notice. While we endeavour not to make any errors on the Site and to ensure the descriptions, details and features of our products, prices and other information about us or our products, are accurate and up to date, errors can occur. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). If we identify an error that materially impacts your confirmed order, we will notify you as soon as possible and provide you with the option of cancelling your order in full or the part(s) of your order affected by the misinformation. If you make a cancellation, the money for the cancelled part of your order will be refunded to your account or onto your card (or will not be taken at all if the payment process has not begun at that time). This does not restrict or limit your ability to return goods in line with our returns policy.
 

Prices and Payment
The price of the product will be as shown on the order pages when you place your order. Payment for the product or service is required upon order. Where payment has not been received, we are under no obligation to deliver the product or service to you. Our invoice(s) for the price of the products you purchase are set out in the email order confirmation we send to you. You can review and print these invoices at any time. You should retain copies of the invoices for your records.
 

Termination
You may terminate your account with Fundability at any time. Terminating your account will not affect the availability of your content prior to termination and you will still have to pay any outstanding bills. Fundability may terminate or suspend your account (and any accounts it determines are related to your account) and your access to the Site and Services should we have reason to believe you or your use of the Services violate our Terms. Fundability  will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or Fundability terminate your account, you may lose any information associated with your account. Fundability also reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you.
 

Intellectual Property
Users are prohibited from making any derivative use of the Site or its Content; downloading or copying any account information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Fundability, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Fundability. Any unauthorised use terminates the permission or license granted by Fundability and may result in both civil and criminal liability.
 

Site Restrictions
Users may not use the Site in order to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorised to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission granted by Fundability and may result in civil and/or criminal liability.
 

Prohibited Uses
You may not frame or utilise framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of Fundability or other organisations mentioned on the Site without express written consent. You may not use any meta tags or any other “hidden text” utilising Fundability's name or trademarks without the express written consent of Fundability. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of Fundability in any other manner that is likely to cause confusion among consumers, that disparages or discredits Fundability or its licensors, that dilutes the strength of Fundability’s or its licensor’s property, or that otherwise infringes Fundability’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Fundability creates to generate or display any Content of the pages making up the Site is also protected by Fundability’s copyright, and you may not copy or adapt such code. Fundability has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms or any law please contact Fundability as set forth below. If notified by a User of any materials which allegedly do not conform to these Terms, Fundability may in its sole discretion investigate the allegation and determine whether to take any actions or remove or request the removal of the Content. Fundability has no liability or responsibility to Users for performance or non performance of such activities.

 

Electronic Communication
When you visit the Site or send emails or messages to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.
 

Copyright
All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of Fundability,  it’s partners or third party sellers mentioned on the Site and is protected by United Kingdom and international copyright laws. All software used on this Site is the property of Fundability or its third party partners and protected by U.K. and international copyright laws.
 

Trademarks
The domain name fundability.org.uk, related Fundability pages, and other Fundability graphics, logos, page headers, icons, images, and service names are trademarks or tradenames of Fundability in the UK. All trademarks not owned by Fundability that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fundability.

Reviews and Comments
Registered Users of the Site may post reviews and comments on a product or service mentioned on the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise mislead as to the origin of the remarks. Fundability reserves the right (but is not obligated) to remove or edit such Content, but does not regularly review posted Content. If you post a review or submit comments, and unless Fundability indicates otherwise, you grant Fundability a non exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant Fundability the right to use your name in connection with such Content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Fundability for all claims resulting from Content You supply. Fundability has the right but not the obligation to monitor and edit or remove any activity or Content. Fundability takes no responsibility and assumes no liability for any content posted by You or any third party.
 

Third Party Services
Our Services include links to third-party websites or services that we don’t own or control. We make no claim or representation, and accept no responsibility, regarding the quality, nature, or reliability of any external or third party sites accessible by hyperlinks from this Site, or any external or third party sites linking to this Site. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Fundability is not a party to those agreements; they are solely between you and the third party.
 

Disclaimer of Warranties and limitation of liability
The Site acts as a venue for Users to purchase products or services from Fundability, it’s partners and / or via links to the websites of other organisations. Neither Fundability nor the Site has control over the quality or fitness for a particular purpose of any product or service. Fundability has no control over the quality, accuracy, reliability, completeness, or timeliness of any product or service mentioned on the Site, does not accept any liability for any third party product or service mentioned on the Site.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR VIA THIS SITE ARE PROVIDED BY FUNDABILITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUNDABILITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUNDABILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNDABILITY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM FUNDABILITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDABILITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL FUNDABILITY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED £100.

 

Indemnity
You agree to defend, indemnify, and hold harmless Fundability, its partners, suppliers, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Fundability shall provide notice to You promptly of any such claim, suit, or proceeding.

Disputes
If you’re not satisfied with any of Fundability’s services, please let us know by contacting us at the address below. Fundability will attempt to resolve disputes in good faith based solely on our interpretation of our policies. In our sole discretion; we will not make judgments regarding legal issues or claims. Fundability has no obligation to resolve any disputes. Any dispute relating in any way to Your visit to the Site or to services obtained from Fundability through the Site shall be adjudicated in a UK court and You consent to exclusive jurisdiction and venue in such courts. If you find yourself in a dispute with a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Fundability will not accept any claims, demands, or damages arising out of disputes with other parties.
 

Site Policies and Modification
Please review our Privacy Policy also posted on the Site. This policy also governs your use of the Site and is incorporated by reference as part of the Terms of Use for the Site. Fundability reserves the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
 

Applicable Law
By using the Site, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and Fundability.
 

Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at Fundability Ltd, 128 City Road, London EC1V 2NX or via email at support@fundability.org.uk.

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Fundability’s ICO registration number is: ZB758818.