Terms & Conditions

Fundbird Terms and Conditions

Top Prime Impact Media LTD (“Fundbird”) connects and matches small and medium sized businesses to financial products and services (the “Services”) through its platform located at www.fundbird.co.uk (the “Site”).

The Site and Services are provided to you subject to the following terms and conditions which should be read carefully by you in their entirety prior to your acceptance of these terms of use, which constitute a legally binding contract between you and Fundbird (the “Terms and Conditions” or “Terms”). If you have any doubts about any of your rights and obligations resulting from entering into this agreement, please consult legal counsel in your jurisdiction.

By accessing and using the Site and Services, you acknowledge that you have read and agree to be bound by the Terms and Conditions of this Agreement, and our Privacy Policy, incorporated by reference and located at www.fundbird.co.uk/privacy-policy/

If you do not agree with any of the provisions of these Terms and Condition, do not use the Site and immediately leave it.

  1. Fundbird Services

1.1       Fundbird is an online marketplace that connects and matches small and medium businesses (“SMBs”) with funding options and other financial products with absolutely no fee of any kind whatsoever to you. Our smart technology and algorithm analyzes your business, its needs and credentials, and matches your business with the most appropriate financial solution. Our network of lenders and financial products are prescreened and approved to provide the most relevant financial options for SMBs through our Site (“Funding Provider”). Our goal is to easily and efficiently help you, a small or medium business owner, discover and connect with our new and innovative Services.

1.2       Fundbird uses your Account information and criteria mutually agreed upon by each Funding Provider and Fundbird which, if met, would provisionally pre-qualify the user to receive funding under such Funding Provider’s terms and conditions, which are subject to modification at any time (the “Prequalification Criteria“). You may request provisional prequalification for funds using the Services at any time by providing Fundbird the information and documents, including but not limited to business name and address, amount and intended purpose of funding sought, certain financial information regarding the business, and certain information regarding your business owner (the “Application Information“). You agree to provide true, accurate, current and complete Application Information when you register your Account on the Site. By providing the Application Information to Fundbird, you authorize Fundbird to obtain information, including from third party sources, to allow you to verify certain fields of your Application Information. If any of the Application Information does not match information we obtain from third party sources pursuant to this clause, you may elect to modify any of the Application Information. You also agree that we may contact you, including by telephone, to verify the Application Information or to provide additional Application Information.

1.3       If your Application Information meets the Prequalification Criteria set by one or more Funding Providers, we may identify such Funding Provider(s) to you (each one, a “Matched Funding Provider“), along with data regarding each Funding Provider’s use of the Services, including general details regarding amount of funding provided, interest rate, time between application for funding and fulfillment, and timing of repayment of funding (the “Funding Provider Details“). We may limit the number of Funding Providers we identify to you based on our determination of which Funding Providers may be the best match for you based on our analysis of the Application Information. You may instruct us to identify you to one or more Matched Funding Providers, in which case we will identify you to such Matched Funding Providers and furnish them with your Application Information on your behalf (each such identification, a “Referral“). You acknowledge and agree that a Referral does not guarantee that you will receive funding from any Matched Funding Provider. You further acknowledge and agree that the Funding Terms may differ from the terms and conditions that apply to funding you ultimately receive from a Matched Funding Provider.

1.4      Once we make a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. You acknowledge and agree that Fundbird has no role in a Matched Funding Provider’s decision to provide or not provide funding to you.

  1. Registration and Account Security

2.1       In order to use the Services you will need to fill out the Application Information for your Account registration on the Site.

2.2       Your Account information is confidential and you must not disclose such information to any other person. Only you may access and use your Account. You must not permit or enable any other person to access or use your Account.

2.3       If you know or suspect that anyone other than you knows your username, password or other security information, or has accessed your Account, you must promptly notify us at [email protected]

2.4       At any time, we may disable any username, password or other security information, whether chosen by you or provided by us, and disable access to your Account, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

  1. Permitted Use of the Site, Services and Content

3.1       We hereby grant you permission to access and use the Site and the Services, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site or Services without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site or Services; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access and/or use the Site or Services; (v) use the communications systems provided by the Site or Services to send unsolicited or unauthorized commercial communications; (vi) use the Site or Services for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security related features of the Site or Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or Services. We reserve all rights of any kind whatsoever not expressly granted in and to the Site and Services.

3.2       The Site and Services content, including without limitation, the text, documents, descriptions, products, technology, software, graphics, photos, sounds, videos, interactive features, domain names, URL, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of Fundbird and/or its licensors and may be protected by applicable copyright, trademark, patent or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site, Services, and Content. The Site, Services, and Content are provided to you “AS IS” for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Fundbird”, Fundbird logo, and other marks are Marks of Fundbird or its affiliates. All other trademarks, service marks, and logos used by the Site or Services are the trademarks, service marks, or logos of their respective owners.

  1. Third party links

The Site and Services may contain links to third party websites and/or mobile device applications that are not owned or controlled by Fundbird. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or mobile device applications. You expressly release Fundbird from any and all liability arising from your use of any third party website or mobile device application. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website or mobile device application that you may choose to visit.

  1. Your Responsibilities

5.1       You are solely responsible to determine whether the access and use of the Site and/or the Content by you, and the use of the Services, are permitted under any applicable laws, rules and regulations.

5.2       You will only use the Site or Services for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

5.3       You agree to abide by all applicable local and international laws, rules and regulations, including without limitation with regard to copyright and intellectual property rights, and privacy laws.

5.4       You are solely responsible for all acts or omissions associated with your access and use of your Account, the Site and the Services, and the access and use of all three by anyone on your behalf.

5.5       You shall not transfer in any way whatsoever your rights under these Terms and Conditions, without our prior written consent, which may be given in our sole discretion.

5.6       You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Site. We will not be liable in any way whatsoever for any losses caused to you by the internet or any telecommunication service provider which you have engaged in order to access the Site.

5.7       You will not commit any acts or engage in any conduct that is or that could be reasonably expected to be damaging to our reputation.

5.8       You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless on demand from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with (a) access and use of your Account, the Site, and the Services by you or by anyone else on your behalf; or (b) breach by you of any of the provisions of these Terms and Conditions.

  1. Limitation of liability; No Warranty

6.1       We attempt to be as accurate as possible, however, we cannot and do not warrant that the Services available through the Site is accurate, complete, reliable, current, or error free. We reserve the right to make changes in or to the Services, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Services. You are solely responsible and liable for any use of the Services, or any part thereof.

6.2       Fundbird disclaims any and all warranties, expressed or implied, in connection with the Site and the Services which are provided to you “AS IS” and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Site or Services will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site and Services shall be free from viruses, bugs or other contaminants.

6.3       Fundbird reserves the right to suspend, discontinue, modify, remove or add to the Site and Services in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Fundbird in this regard.

6.4       Fundbird does not warrant, endorse, or guarantee any third party content, product, or service that is featured or advertised through its Site or Services.

6.5       Under no circumstances, including negligence, shall Fundbird or any of its affiliates be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Site and the Services even if Fundbird and/or its affiliates had prior knowledge of the possibility of such damages.

6.6       Without derogating from any of the foregoing, the maximum aggregate liability of Fundbird for any liability arising under or in connection with this Agreement, to you or any third party howsoever arising (including by way of negligence or any other theory of law), shall be limited to the aggregate Fee paid by you for the provision of the Services directly giving rise to such liability.

  1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Israel and the parties hereby submit to the exclusive jurisdiction of the Tel Aviv courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions.

  1. Miscellaneous

8.1       Fundbird may, at its sole discretion, refuse to provide access to its Site or Services to any individual or company.

8.2       If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

8.3       No waiver by Fundbird of any breach of any provision of these Terms (including the failure of Fundbird to require strict and literal performance of or compliance with any provision of these Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms and Conditions.

8.4       We reserve the right, at our discretion, to change these Terms at any time, and if so we will notify you by email, to your designated email address, and we will post the revised Terms and Conditions on our Site. Any such change shall become effective ten (10) days following our notification, and your continued use of the Site or Services thereafter means that you accept the updates to the Terms and Conditions. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against Fundbird in such regard.

8.5       If you have any questions or concerns regarding these Terms and Conditions you may email us at [email protected]o.uk We will do our best to respond in a timely manner.

 

These Terms and Conditions are effective as of December 1, 2014.