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Terms & conditions

These Terms of Service constitute a legal document between you, as the user of the Website, and Equfund (IPS) Limited, as the owner of the Website. Equfund (IPS) Limited is a Community Benefit Society registered under the Co-operative and Community Benefit Societies Act 2014 (registration number: 29088R). Throughout these Terms of Service references to we/our/us are to Equfund (IPS) Limited and references to you/your are to you as the user of the Website.

1. Application

These Terms of Service set out the general terms governing your use of the Website. They apply to you as soon as you first use the Website, and you are deemed to have agreed to be bound by them upon your first use of the Website. If you do not wish to continue to be bound by these Terms of Service then please stop using the Website immediately.

2. Intellectual Property

The Website may include at any given time text, graphics, images, logos, icons, sound clips, video clips, artwork and data compilations, and together with the Website’s page layout, underlying code and software, are referred to as “Content”.

All of the Content is the property of Equfund (IPS) Limited, our affiliates or third parties with whom we do business. As such, the Content is protected by the United Kingdom and international intellectual property laws, and other relevant laws. In addition and except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (which contains what are generally known as the “fair use” provisions for copyright materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Equfund (IPS) Limited.

3. Relationship to Other Agreements

In addition to these Terms of Service, our Privacy Policy applies to you and everyone else who uses the Website. Both the Terms of Service and Privacy Policy are together referred to as the “Website Agreements”.

There are a number of other documents that you may choose to be bound by during the course of your use of the Website. We refer to these documents as the “Offer Documents”. The Offer Documents set out the terms that govern your loan and your relationship with us, and our affiliates. These Terms of Service however govern your technical use of the Website.

The Website Agreements will continue to apply to you even after you have agreed to the Offer Documents. If there is a conflict between the Offer Documents that you have agreed to and the Website Agreements, the Offer Documents will take precedence.

4. Your Use of the Site

The information contained in this Website is directed at persons resident in the UK, Channel Islands and the Isle of Man only and is not to be regarded as an offer to buy or sell or a solicitation to buy or sell investments in any jurisdiction other than the UK, Channel Islands or the Isle of Man. By using this Website you will be taken to have agreed to be bound by these conditions of use and you will have been deemed to have confirmed that you are resident in the UK, Channel Islands or the Isle of Man.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Equfund (IPS) Limited or others.

5. Disclaimers

Except as explicitly stated in the Offer Documents, you need to be aware that:

  • Whilst we take all reasonable steps to ensure that the information contained on the Website is accurate and up-to-date, no liability can be accepted for any errors or omissions.
  • The information contained within the Website should not be viewed as indicating any guarantee of return from an investment.
  • We make no guarantee of any specific results from entering into an investment, including any net income and/or the capital return realised.
  • The investments on this Website may not be suitable for all investors and if you are in any doubt as to the suitability of the investments, you should seek independent financial advice.
  • No part of this Website is intended to constitute investment, legal or tax advice, and it is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making a loan/investment.
  • We endeavour to make sure the Website is correct but you should not rely on any of the information on the Website for advice or as a recommendation that a product or investment is suitable for you or your clients.
  • Some of the information, tools and articles presented on the Website are provided by third parties and do not represent the views or opinions of Equfund (IPS) Limited. We are not responsible for the validity or accuracy of such publications and all publications are provided for information purposes only.
  • Where specific investments are mentioned, it should not be construed as that these are recommendations to buy or sell those investments.
  • Past performance is not a guide to future performance. The value of investments and the income from them may go down as well as up and investors may not get back the amount invested.
  • Movements in the rates of currency exchange may cause the value of investments to go up or down.
  • In order to satisfy the requirements of the anti-money laundering regulations, documentation confirming identification will be required if an investment is made.
  • The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults.
  • We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
  • We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, to the maximum extent permitted by law.
  • You use the Website and its Content at your own risk. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.
  • This Website may contain links to other independent third-party Web sites (“Linked Sites”.) These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
  • The above Disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

6. Revisions

We reserve the right to change, modify, add or remove portions of these Terms of Service from time to time to reflect any changes in law or for any other reason. If we do update these Terms of Service, we will upload a new version to the Website and as soon as you use the Website after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms of Service that you have, or deemed to have, agreed to. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If there is a conflict between any versions of the Terms of Service to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.

7. Severability

We have made every effort to ensure that these Terms of Service adhere with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, if any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.

8. No Waiver

In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.

9. Communications

If you wish to contact us about these Terms of Service, you may do so by sending an email to contact@equfund.com.

10. Governing Law

These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of England and Wales. In addition you and we hereby submit to the exclusive jurisdiction of the courts of England and Wales.

11. Definitions

We have used a few defined terms in these Terms of Service, some of which are not set out when first used. These include:

  1. Website which means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms of service.
  2. Terms of Service refers to this document.
  3. Privacy Policy means the privacy policy of the Website (available at https://equfund.com/privacy-policy.

Last updated: 10th October 2018