Terms of Service
These terms of service (“Terms”) which incorporate, by reference, our Privacy Policy, apply to and govern any visitors’ use of www.finzent.net, any associated subdomains and services available via the platform (the “Services”). You should read these Terms in full prior to using our website and your use of our website shall signify your acceptance of these Terms in full, in whatever capacity you access and use the Services, where you are accessing the Services on behalf of your organisation, have been invited to access the Services by a client of ours, or otherwise. Finzent Marketplace Limited is a limited company registered in England and Wales under company number 14459013 and registered address at 11 Ruston Mews, London W11 1RB (“Finzent”, “our, “we”, or “us”).
Finzent reserves the right to amend these Terms. If we do, we will bring it to your attention by placing a notice on the www.finzent.net website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Services
Finzent makes the platform available, in its sole discretion, to qualified investors (“Lenders”); European companies/funds seeking to raise debt capital (“Borrowers”), their advisors; and other relevant parties. The platform automatically matches Borrowers to Lenders based on loan and investment criteria uploaded by both parties. In addition, Borrowers upload company and financial information and share this information with Lenders. Users are also able to utilise any analytics or reporting tools.
Finzent is a provider of a platform and information and is not a lender. Finzent does not perform any investment advisory services. In particular, no investment recommendations are made nor is tax or legal advice provided.
Certain Services are provided to users for a fee which shall be set out in a separate agreement with Finzent.
Registration
Registration by all users is required where a username and password is selected in order to access Services. The registration requires all requested data to be provided completely and truthfully. Moreover, the user is required to keep their registration data updated at all times. Upon successful registration, an agreement for the use of the Services becomes effective on the basis of the Terms.
Registration is subject to meeting the certain eligibility requirements and the user and its business or organisation passing certain identity and credit checks. If Finzent decides, in its sole discretion, to accept you and your business or organisation on the platform, we will open an account in your name.
General duties of users
You are obliged to keep the password for your Finzent account secret and to carefully safeguard access to your Finzent account. You are obliged to immediately inform Finzent of any evidence of misuse of your account, of any actual or suspected violation of these Terms by third parties, or of any other misuse of the Services in general.
Unless we otherwise agree, you will only use the Services for your internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your using the Services in any way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account..
If you have designated sub-users (also known as guest users) and granted them authorisation, such sub-users will be deemed to be authorised to act on your behalf when using and gaining access to the user account, website and/or Finzent Services. Finzent is not responsible for and shall have no liability for verifying the validity of authorisation of any user. Finzent may, however, in its sole discretion, request additional information in relation to a user.
You may not, without Finzent’s prior written consent, access the Finzent platform (i) for purposes adverse to Finzent’s economic interests, (ii) if you are, or are employed by a competitor of Finzent, (iii) to monitor the availability, performance or functionality of the Finzent Services or (iv) for other benchmarking or competitive purposes.
You will be obliged to notify Finzent if a transaction has been successfully concluded through the platform.
Confidentiality
The information contained on the Finzent platform is confidential. As a condition to receiving access to the platform, you agree to treat all information which is contained herein as confidential, unless and until such information has been made generally available to the public or unless the relevant owner of the information agrees in writing to remove this restriction. The information contained on the platform may not, in whole or part, be reproduced or distributed to others save as expressly permitted in these Terms.
Furthermore, you agree that the information included herein shall be used solely for the purpose of evaluating the transaction you are concerned with. Nothing herein shall limit or impair your right to disclose information, if legally required to do so, in any judicial, administrative or governmental proceeding, subject to your prior notification of the relevant owner of the information.
You may be required to enter into separate and additional obligations of confidentiality and non-disclosure with other parties and nothing in this platform will be deemed to supersede or modify your obligations under that agreement, and in the event of any conflict between the terms set forth herein and those of such separate agreement, as between you and the party to that agreement, such latter terms will control.
Rights in Content
You are solely responsible for the data, information or other content you input or upload into the Service (“User Content”). Some User Content may be viewable by other users. For all User Content, you hereby grant Finzent a license to translate, modify and reproduce and otherwise act with
respect to such User Content, in each case to enable us to operate the Services. This is a license only and your ownership in your User Content is not affected.
If you store User Content in your own personal Finzent account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Finzent the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share User Content only in a manner that only certain specified users can view (for example, a private message to one or more other users, or by accepting a request from a user to view such User Content) (a “Limited Audience User Submission”), then you grant Finzent the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You are solely responsible for deciding on which users to grant access to your Limited Audience User Submissions.
If you share User Content publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Finzent the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Finzent users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Finzent’s business for any purpose, provided that Finzent will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Finzent account, we will stop displaying your User Content (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Finzent’s records, and that your User Content may remain viewable elsewhere to the extent that they were copied or stored by other users.
Representations and Warranties
You represent, warrant and covenant that:
- you have all rights necessary to provide the User Content, and to grant the foregoing licenses, to Finzent;
- all User Content complies with all applicable laws (including data protection laws), rules and regulations, and does not infringe any third party’s intellectual property or other rights; and
- providing the User Content to Finzent is compliant with all applicable law, Including all data protection laws with respect to the transfer of personal data (where applicable).
The data and material, including trademarks, service marks, pictures, graphics, illustrations, designs, symbols, photos, Finzent’s derivative works from User Content, texts and other images (“Content”)
on the Services are protected by copyright law, trademark law, data protection law and/or other laws of intellectual property.
Any display, reproduction, sale, resale, lease, license, sublicense, distribution, disclosure, or divulgence of the Content outside of the Services for the benefit of third parties without the prior written consent of Finzent constitutes a violation of the Terms and is prohibited except as provided otherwise in these Terms.
Availability
To the extent it is technically feasible and commercially reasonable, Finzent will endeavour to offer an unrestricted availability of the Services subscribed to. However, Finzent does not guarantee the latter. In particular, maintenance works, security and capacity reasons, technical circumstances as well as events outside of Finzent’s control may lead to temporary inaccessibility to the Services.
Termination
Either party may terminate these Terms at any time by giving the other party 2 weeks’ notice by email. Following termination of these Terms, without prejudice to any accrued rights and obligations of the parties, we will provide you with limited access to the Service and your user account for a period of seven (7) days to download any of your User Content. Upon the expiry of that seven (7) day period, your access to your account will be terminated.
Disclaimer
The content of the Services is intended solely for information purposes.
The information provided may depict an analysis of selected time periods (including potential future projections). It is not to be construed, under any circumstances, by implication or otherwise, as a prediction of future performance. Past performance may not be indicative of future results. The content may no longer be reflective of current positions given a variety of factors, including changing market conditions.
ALL INFORMATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND (WHETHER EXPRESS OR IMPLIED). FINZENT DISCLAIMS LIABILITY FOR ANY INFORMATION NOT BEING COMPLETE, ACCURATE, SUITABLE OR RELEVANT FOR YOU. Some information is provided directly by third parties, or is based on information provided by such third parties. While the information provided is believed to be accurate, it may include errors or inaccuracies.
No information provided by Finzent forms a fiduciary relationship between it and the recipient, nor does it constitute advice. No information should be construed as an invitation or inducement to engage in investment activity (unless expressly provided otherwise).
Limitation of Liability
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 the Terms, negligence, wilful default, fraud or misconduct.
To the extent permitted by applicable law, our liability to you in respect of your use of the Services shall be limited to the amount paid to us in the preceding twelve (12) months in relation to any such use.
Except to the extent prohibited by applicable law, neither party will be liable for any indirect, incidental, special, punitive, or consequential damages, loss of business, loss of profits, loss or corruption of data, loss of goodwill or reputation caused by any act or omission by it under the Terms.
Nothing in the Terms shall limit our or your liability for personal injury or death, or for any other liability which may not be excluded by applicable law.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
No party shall be liable for any failure or delay in the performance of any obligation under the terms (except any payment obligation) by reason of any act, event or omission that is beyond the reasonable control of a party including but not limited to strike, lock-out, labour dispute, act of God, war, riot, civil commotion, act of terrorism, military operations, malicious damage, compliance with a law or governmental order, rule, regulation or direction, restrictions due to the spread or possible spread of disease among humans or animals, accident, breakdown of plant or machinery, fire, flood, storm any cyber-attack or similar assault on the technology of either party.
Indemnity
You agree to indemnify and hold us, our subsidiaries and affiliates, and our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees and expenses, and all registration fees and duties, arising out of or in connection with any of your User Content or other use of the Service, your conduct in connection with the Service or with other users of the Service, and any breach by you of these Terms or of any applicable law or the rights of any third party.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Finzent’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Law
These Terms (including any disputes or claims arising out of or in connection with its subject matter or formation including non-contractual disputes or claims) shall be construed in accordance with and governed by the laws of England & Wales. All disputes, claims or proceedings between the parties relating to the validity construction or performance of these Terms shall be subject to the exclusive jurisdiction of the courts of England & Wales to which the parties hereto irrevocably submit.
These Terms were last updated on 20 April 2023.