Legals

This website ("Website") is owned and provided by UP Investments Limited (registered in England and Wales with company number 8548999) whose registered address is at Mendip Court, Bath Road, Wells, BA5 3AA

In these Terms, "we", "our" and "us" means UP Investments Limited and "you" and "your" means any person who accesses and uses this Website.

General

By accessing and using this Website you will be bound by, and act in accordance with, these Terms and our Privacy Policy. If you do not wish to be bound by these Terms or our Privacy Policy then you should cease such access and/or use immediately. If you breach any term of these Terms then your right to access and use this Website shall cease immediately.

This Website is directed at residents of the United Kingdom. We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Website from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws.

Access to the company loans available through using the Website may be subject to restrictions regarding certain people or in certain countries. None of the company loans may be acquired by a person if the laws or his/her country of origin or any other country affecting him/her prohibits it. Nevertheless, it is the responsibility of any persons interested to check beforehand with their usual sources of advice that their legal and fiscal status allows them make company loans through using this Website.

We give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.

We may from time to time amend the content on this Website without notice.

We reserve the right to amend these Terms from time to time without notice by amending this page. The amended Terms will be effective from the date they are posted on this Website. As these Terms may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms.

Our Services

We provide an independent online service which enables you to research, compare, access and administer company loans provided by crowdfunding platforms whilst using this Website. Our comparison, execution and administration service is free for you to use.

Nothing on this Website is, or shall constitute, financial, investment or other advice or a recommendation or endorsement by us in respect of any company loan. Information contained on this Website may be provided by crowdfunding platforms and is provided for general information purposes only so that you can consider which company loan you feel is most appropriate for you. You should always check the suitability of any company loan that is of interest to you and the decision whether or not to obtain any company loan is your decision solely. We suggest that you take independent professional advice before make any company loan through using this Website if you are in any doubt as to the suitability for you of the loan.

Nothing on this Website is, or shall constitute, an offer by us (or by any third party) to invite or induce you to make any company loan or to enter into any contract with you in respect of any company loan. By submitting your details and completing our registration process, you are making an offer to make the relevant company loan through the relevant crowdfunding platform on its own terms and conditions (as appropriate). Such offer may be accepted or rejected. The loan will only be made once your offer has been accepted.

Permitted use

You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek to make a company loan directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.

You are not permitted to use this Website:

  • in any unlawful, fraudulent or commercial manner;
  • to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
  • to create, check, confirm, update, modify or amend your own or another person's databases, records or directories;
  • to tamper with, modify, reverse engineer or amend any part of this Website; in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; and
  • using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.

Intellectual property rights

The copyright in the information, content, material and data displayed on this Website belongs to us or the relevant crowdfunding platform. Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s). You may temporarily print, copy, download or store extracts of information, content, material and data displayed on this Website for your own personal use, provided that:

  • it may not be used for any commercial purposes or sold or transferred to any third party;
  • the copy retains any copyright or other intellectual property notices contained in the original material and the status of us or the relevant crowdfunding platform as the author of such information, content, material or data is acknowledged;
  • it may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent;
  • you must not modify the paper or digital copies of such information, content, material or data; and
  • no logos, trademarks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.

All Intellectual Property Rights belong to us or the relevant crowdfunding platform and all such rights are reserved. “Intellectual Property Rights” means, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including the content displayed on it).

Limitation of liability

Nothing in these Terms excludes or limits our liability for any loss or damage directly caused by our negligence or wilful default, nor for any matter for which it is not permitted by law to exclude or limit liability.

Whilst we endeavour to ensure that all content on this Website is accurate, we are not responsible or liable for any loss or damage which you may suffer or incur in respect of any content displayed on this Website or any crowdfunding platform’s website. Such content may be inaccurate, incomplete or out of date and it is your responsibility to check that such content is accurate, complete and up to date.

Any views, opinions, advice, reviews, ratings or comments on this Website or any crowdfunding platform’s website which are made by any person other than ourselves do not represent our views, opinions or advice. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such content.

We do not warrant or guarantee that this Website, any crowdfunding platform’s website or any content on this Website or any crowdfunding platform’s website is free from viruses, spyware, malicious software, trojans, worms, logic bombs or anything else which may have a harmful effect on any technology. You should use appropriate virus checking software. We are not responsible or liable for any loss or damage which you may suffer in this regard where caused by a third party.

Subject to the first paragraph above, we are not responsible or liable for any loss or damage which you may suffer from:

  • your use of this Website which is caused by any event beyond our reasonable control (including the electronic transmission of content over the internet and the interception or decryption of it by others);
  • your use of this Website (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue);
  • use of this Website which was not foreseeable by us when you used this Website; or
  • your inability to access and use this Website for any reason.

Exclusion of liability

The company loans made available to you through using this Website are provided by independent crowdfunding platforms. It is your responsibility to satisfy yourself that you wish to make any company loan before doing so. We are not responsible for any loss or damage which you may suffer in connection with any company loan you make through using this Website or for any acts, omissions, errors or defaults of any third party in connection with any such company loan.

You should carefully read our P2B Lender Terms and Conditions and all the features and terms and conditions of any company loan before applying to make it. For all company loans available through this Website which you decide to make you will be contracting with a crowdfunding platform which will provide that company loan to you on its own terms and conditions, and you will make the loan on the terms and conditions of the loan itself. It is your responsibility to ensure that you understand and agree with all those terms and conditions before making the company loan. We are not responsible for any loss or damage which you may suffer in connection with the terms and conditions applying to any such crowdfunding platform or company loan or for any acts, omissions, errors or defaults of any third party in connection with any such company loan.

Any crowdfunding platform websites accessed by you via links on this Website are owned and operated by persons over whom we do not have control. You access and use these websites at your sole risk and discretion. You are solely responsible for any use of these websites and for any decision whether or not to obtain any of the company loans available on such websites. Any links to these websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such crowdfunding platforms, or their services, or any company loans they make available, or for any information, opinions or views given or advice provided by such crowdfunding platforms(whether on their websites or otherwise). We are not responsible for any loss or damage which you may suffer in connection with your use of any of these websites or for any acts, omissions, errors or defaults of any crowdfunding platform in connection with its website.

Your use of any crowdfunding platform website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any such website before using that website. We are not responsible for any loss or damage which you may suffer in connection with such terms and conditions or privacy policy or for any acts, omissions, errors or defaults of any crowdfunding platform in connection with those terms and conditions and/or privacy policy.

Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible for any loss or damage which you may suffer in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

There may be company loans available elsewhere than this Website which may be more appropriate or suitable for you.

Your responsibilities

You must take all reasonable precautions (including the use of appropriate virus checking software) to ensure that any information, content, material or data which you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.

You must ensure that all material you provide is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility for any loss or damage which you may suffer if any information, content, material or data you provide is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

Before you make any company loan, you must check all of the material held by us about you to ensure that it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in such material before you make any company loan. Failure to do so could invalidate the company loan. We do not accept any responsibility for any loss or damage which you may suffer if any material held by us about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.

You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

You are solely responsible and liable for your conduct on this Website and you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website.

Privacy

We process information about you in line with our Privacy Policy. By using this Website, you are consenting to the way in which we process and deal with your personal information.

We may disclose your personal information if required to do so by law, any court, the Financial Conduct Authority or any other applicable regulatory, compliance, governmental or law enforcement agency.

Complaints

If you are unhappy with our service for any reason then please contact our Client Resolution Team by email to support@investup.co.

If you are unhappy with company loan you have made or have any complaint regarding any crowdfunding platform or any company borrower then you should address your complaint directly to that platform or borrower. If you require their contact details, please contact our Client Resolution Team who will be happy to assist.

Severability, entire agreement and no waiver

If any provision of these Terms is held to be unlawful, invalid or unenforceable then that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

These Terms constitute the entire agreement between you and us in respect of your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).

No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any partial exercise by us of any right preclude any further exercise of any right.

GOVERNING LAW, JURISDICTION AND LANGUAGE

These Terms and your access to and use of this Website, along with any non-contractual obligations arising out of or in connection with these Terms, shall be governed by and interpreted in accordance with English law.

Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).

All communications by us in connection with these Terms will be in the English language.

This Privacy Policy governs the manner in which UP Investments Ltd collects, uses, maintains and discloses information collected from users (each, a "User") of the www.investUP.co website ("Site"). This privacy policy applies to the Site and all products and services offered by UP Investments Ltd.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

UP Investments Limited may collect and use Users personal information for the following purposes:

  • To improve customer service
    Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To process payments
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To send periodic emails
    We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. We will share your information with your payment service provider and electronic money issuer, Leetchi Corp. SA, where this is necessary to enable it to provide its services, and it may share this information with its own subcontractors and business partners for the same purposes. We will also share your information with any other third party for the purposes of the provision of our services or for ancillary purposes, including (without limitation) for credit enquiries or credit assessments or with any companies in which you have invested (or their agents) in connection with our nominee services. We will not disclose your information under any other circumstances, except:

  • where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over us or any associate;
  • to investigate or prevent fraud or other illegal activity;
  • if it is in the public interest to disclose the information; or
  • at your request or with your consent.

Changes to this privacy policy

UP Investments Ltd has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting UP

Under data protection legislation, you are entitled, on payment of a prescribed fee, to a copy of the information we hold about you.

You should let us know if you think any information we hold about you is inaccurate, so that we may correct it. However, please note that we are required by law and regulation to retain your records for a minimum period of six years following the termination of any relationship with you. Recordings of telephone conversations may have to be retained for longer.

If you wish to contact us as above, or have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact our Data Protection Officer by email at support@investup.co.

This document was last updated on October 22, 2015