Terms & Conditions

Introduction

These terms & conditions (“Terms & Conditions”) which incorporate, by reference, our Privacy Policy apply to and govern any visitors’ (“You”) use of www.fundonion.com and any associated subdomains. You should read these Terms & Conditions in full prior to using Our website and Your use of Our website shall signify your acceptance of these Terms & Conditions in full.

FundOnion Limited is a company incorporated in England & Wales, having company number 12743839 and registered address at 128 City Road, London, United Kingdom, EC1V 2NX (“FundOnion”, “Our, “We”, or “Us”).

Provision of website

Our website is provided on an information-only basis and nothing within the site, including but not limited to its contents, materials, or otherwise, is to be construed or considered as any kind of advice or recommendation to any party. FundOnion is provided on an “as-is” basis and without any representations, warranties, guarantees, or any other kind of liability as to accuracy, completeness, suitability, or any other purpose or potential use of purpose of the information and/or content included within the website. Our website is not intended to act as advice to any individual person (including non-natural persons) and You should always consult with an appropriate financial advisor, tax advisor, accountant, solicitor or other suitably qualified person prior to making any decision in respect of finance or any other matter. Your use of Our website is at your own risk in terms of any website or internet security and You should take appropriate steps to protect yourself and any operating system online.

FundOnion is a comparison website and where You make an enquiry or contact with one of our partners (including lenders and non-lender partners) (“Partners”), We may receive commission from any relevant Partner for introductions which we make to them.

FundOnion expressly reserves the right to change any aspect of our website at any time without notice, to suspend access to our website without notice, or to close our website without notice and, at all times, with no liability.

Your use of our website does not guarantee the occurrence of any particular outcome, including any successful application for funding or otherwise. Our website does not carry out credit checks or identity verification on You, however when you enquire with a Partner they may carry out their own credit checks, identity verification, or other processes and You should familiarise Yourself with such processes in their own terms and conditions.

How we handle data

By using our website, You hereby expressly consent to us providing Your details to relevant Partners and we are authorised to do so by Your use of the website and including (but not limited to) the creation of an account on our website. Where we share such data with relevant Partners, those Partners may share information with us regarding any applications, enquiries, cases, and outcomes of those interactions including (but not limited to) applications for funding.

We take privacy seriously and you can read our Privacy Policy in full here.

Intellectual property

Within these Terms & Conditions, “Intellectual Property” shall mean (without limitation), unregistered and registered design rights, copyright, publication right and database rights, inventions and discoveries (whether patentable or not) patents and rights in utility models, trade marks (whether registered or unregistered), logos and trade names, domain names, rights in confidential information (including, without limitation, know-how and trade secrets) and any and all other intellectual property rights and sui generis rights and other similar rights (whether now subsisting or in the future created) created in any of the countries of the world for the full period for which those rights subsist (including any and all extensions, renewals and all vested, future and contingent rights and rights under licences) and all applications for the foregoing and the right to sue for and to recover damages for past infringement of such rights. For the avoidance of doubt, any content, materials, designs, or otherwise hosted on our website shall constitute Intellectual Property.

You agree that any and all Intellectual Property of FundOnion and www.fundonion.com shall be the exclusive property of FundOnion and You, and no third party, shall have any grant of any intellectual property right or rights to our Intellectual Property. You, and no third party, shall be permitted in any way to reproduce, copy, distribute, or otherwise disseminate any FundOnion Intellectual Property without our express written consent.

Brokerage Services

By signing up to FundOnion.com you may be offered additional brokerage services (“Brokerage Services”) by FundOnion in order to help you access funding through our panel of lenders. In this event, FundOnion shall look to work with You and Your business in order to assess the availability of funding and We may request information including, inter alia, financial accounts, bank statements, and other relevant information in order that We may make appropriate proposals to our lender panel. Upon submission of an application or enquiry, the relevant lender(s)shall conduct their own assessment as to whether or not to provide funding toYour business and this is not within the control of FundOnion or any FundOnion personnel. Relevant lender(s) may conduct either soft or hard credit checks during this process and by engaging with FundOnion for Brokerage Services you hereby explicitly agree to the provision of such information to relevant lender(s) and such checks and processes and hereby hold FundOnion harmless for any impact this may have on Your or Your business’ credit file should you either be successful or unsuccessful in any application for funding. FundOnion will receive a commission for assisting in the provision of funding for Your business via the Brokerage Services and this will vary on a case-by-case basis and You can request details on Your particular case from FundOnion. FundOnion is not regulated by the Financial Conduct Authority and is a broker not a lender.

Limitation of liability

FundOnion shall not be held responsible for any loss, damage, costs or compensation (whether direct or indirect) suffered by You arising out of any use of the website by You, and in particular, FundOnion shall not be liable to the You whether under contract or tort (including negligence) for breach of statutory duty, or otherwise for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; and (vii) any indirect or consequential loss.

FundOnion hereby disclaims all warranties whether express, implied, statutory or otherwise, with respect to the website including, without limitation, all implied warranties or title, non-infringement, merchantability, fitness for a particular purpose or satisfactory quality, and warranties implied from any course of dealing or usage of trade.

Entire agreement

These Terms & Conditions (together with any policies, documents or forms referred to in it), constitutes the entire agreement between the parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter save that nothing in this clause operates to limit or exclude any liability for fraud.

Third party rights

No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms and the rights of the parties to terminate, rescind, or agree any variation, waiver or settlement under these Terms & Conditions are not subject to the consent of any other person under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Miscellaneous

We reserve the right to vary these Terms & Conditions from time to time (including the assignation of these terms).

You shall not assign, transfer, sub-contract or in any other manner make over to any third party any benefit and/or burden of these Terms & Conditions without the prior written consent of the Company. Any purported breach of this clause shall be void.

Nothing herein contained shall be construed to create a partnership, joint venture or agency between the parties and neither party shall not be permitted to bind the other party or purport to act on behalf of the other party in any respect without the express prior written approval from the other party.

No failure to delay on the part of either party hereto to exercise any right or remedy under these Terms and Conditions shall be construed or operated as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be. The rights and remedies provided in these Terms & Conditions are cumulative and are not exclusive of any rights or remedies provided by law.

Except as expressly provided in these Terms & Conditions, the rights and remedies provided under these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law or equity and the parties shall be entitled to remedies of injunction, specific performance, or other equitable relief as applicable for any threatened or actual breach of these Terms and Conditions.

Nonperformance of respective obligations under these Terms & Conditions by either party will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.

If any provision or term of these Terms & Conditions or any part thereof shall become or be declared illegal invalid or unenforceable for any reason whatsoever then such terms or provisions shall be severed from these Terms and Conditions and shall be deemed to be deleted from these Terms & Conditions in the jurisdiction in question provided always that if any such deletion substantially affects or alters the commercial basis of these Terms & Conditions the parties shall negotiate in good faith to amend and modify the provisions and terms of these Terms and Conditions as may be necessary or desirable in the circumstances.

These Terms and Conditions (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 and Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales to which the parties hereto irrevocably submit.