Funding Xchange Ltd. Terms For Business

Last Amended:      September 30, 2021

Thank you for visiting www.fundingxchange.co.uk, a referral platform for businesses and financial service providers (“the Service”), operated by Funding Xchange Limited whose details are given below (“we”, “us”, “our”). These terms and conditions (“Agreement”) govern the use of the Service by any business registered with us (“the Business”, “you”, “your”). We are a credit broker and not a lender and do not provide advice or recommendations.

Please read this Agreement carefully before you register for the Service. By clicking “Accept” during the registration process, you agree to the provisions of this Agreement. In additional to consenting to this agreement, you must also read and consent to our Privacy Policy, which governs how we process any personal information we collect.

This Agreement shall commence on the date when we notify you that we have opened an Account in our systems under Clause 2.1 and continue thereafter unless and until it is terminated in accordance with Clause 12 (“the Term”).

Capitalised terms shall have the meaning given to them where they first appear.

1. Information about us

Funding Xchange Limited is a limited company registered in England and Wales with Company No. 09228134 whose registered office is at Winnington House, 2 Woodberry Grove, North Finchley, London, United Kingdom N12 0DR.  We are registered with the Office of the Information Commissioner (No. ZA093024). Funding Xchange Limited is authorised and regulated by the Financial Conduct Authority (reference number: 685043). Funding Xchange is also regulated as a Payment Services Firm (reference number: 793402).

2. Eligibility and Registration

2.1 If you meet the eligibility requirements below and you successfully complete our registration process, we will open a data account in your name in our systems (“Account”). Notwithstanding the above, we reserve the right, in our sole and absolute discretion, to refuse to register you or any Business to use the Service.

2.2 To be eligible for an Account with features relevant to a Business (“Business Account”), you must be:

(a) an individual who has an address in the United Kingdom of Great Britain and Northern Ireland, excluding the Channel Islands and the Isle of Man (“UK”) who is at least 18 years old and acting for purposes within your trade, business or profession; or

(b) either:

(i) a company or limited partnership with an address in the UK which is not owned or controlled by a public authority; or

(ii) a partnership comprising individuals or entities mentioned above which is not owned or controlled by a public authority.

2.3 If you register multiple Businesses within one Account or operate an Account for them (for which you must have their prior express written authority in each case), you and they must notify us if you are no longer authorised to act on their behalf.

2.4 Each time you seek to access your Account, we will check your identity by asking for your user identification code and password (“Passcodes”).  As long as your correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in Clause 2.6. If you disclose the Passcodes to any person whom you authorise to access and operate your Account on your behalf, you are also responsible and liable for any access, use, misuse or disclosure of your Passcodes or your Account by that person. 

2.5 Unless and until you tell us that you believe that someone else, who is acting without your authority, knows the Passcodes or can use the Service by impersonating you:

(a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and

(b) we will not be responsible for any unauthorised access to confidential information about you in your Account.

3. The Service – Our Role

3.1 The Service provides you with access to data on both unregulated financial products and certain credit products within the scope of the Consumer Credit Act 1974 (“Product Data”) that are advertised or otherwise displayed on the Service by the providers of those products (“Finance Providers”) and enables you to post information on the Service about your financial requirements (“Finance Requests”) and receive personalised quotes (“Indicative Offers”) from Finance Providers. Please note that an Indicative Offer is not an actual offer of finance. We are a credit broker and not a lender.

3.2 As an “Account Information Services Provider” registered with the FCA we may provide “Account Information Services” in accordance with the Payment Services Regulations 2017 (“PSRs 2017”). This allows us, at your instruction, to collect certain banking transaction data and use such data to assist us in providing the Services. You acknowledge that we may use and provide this data to interested Finance Providers as set out in clause 4 below.

4. Finance Requests

4.1 As a Business, you may submit a Finance Request at any time by following the instructions on the Service.

4.2 You may withdraw a Finance Request at any time.

4.3 In order to assist us in measuring the success of the Service and receive Commission owed to us by Finance Providers, you agree that we may request the terms of any finance agreement you enter into with a Finance Provider directly from the relevant Finance Provider and hereby authorise us to do so.

4.4 We reserve the right, in our sole and absolute discretion, to remove a Finance Request for any reason at any time.

4.5 By submitting a Finance Request to the Service, you agree that we may carry out identity and credit checks on each Business, to help detect and prevent fraud. These checks may include credit checks on the Business and the Business owners or directors which are visible on your credit report but do not impact your credit rating. You agree that we may use the data provided by you for these purposes, on the basis more fully described in the Privacy Policy.

4.6 You also agree that we may provide Finance Providers – if you choose to progress with Indicative Offers from these Finance Providers – with access to your Finance Request and related data collected by us, solely to enable those Finance Providers to determine whether to issue to you a statement of the terms. Please note that Indicative Offers are not an actual offer of finance.

4.7 To issue a statement of terms, Finance Providers may undertake their own credit searches and carry out other identity and fraud checks on the Business and the Business owners or directors. By proceeding with an Indicative Offer you are providing your consent for this additional information to be gathered. Your data will be managed according to the Finance Provider’s business processes and on the basis described in the Finance Provider’s Privacy Policy which can be found on each Finance Provider’s website or we can provide to you if you request them by contacting us via support@fundingxchange.co.uk.

4.8 You acknowledge that credit reference agencies link together the records of you and anyone that you have advised is a financial associate (e.g. someone with whom you have a joint credit account) including previous and subsequent names of parties to the account. Links between financial associates will remain on your, and their, credit reference files until such time as you or your associate successfully files for a disassociation with the credit reference agencies. We may take into account information about your financial associates in your credit reference.

4.9 Finance Providers are obliged to destroy your Finance Requests and related data to which we have granted them access:

(a) within three (3) months after issuing Indicative Offers if negotiations on those Indicative Offers fail or do not proceed; or

(b) within six (6) months if you do not respond to any Indicative Offers

subject to any record-keeping obligations under applicable law. 

4.10 We will retain each Finance Request and related data collected or received by us as long as your Business Account is active and, subject to the provisions of Clause 12.4 and any record-keeping requirement under applicable law.

5. Costs

5.1 We do not charge any fee to any Business for the use of the Service.  

5.2 Finance Providers pay us commission for introducing Businesses. This commission varies by Finance Provider depending on the financing facility you may arrange with them. The commission may be a fixed fee or a fixed percentage of the amount you borrow. The commission may impact the cost to you of the funding you receive.

6. Representations and Warranties

6.1 By agreeing to the terms of this Agreement, you represent and warrant to us that:

(a) all information you provide to us is complete, true, up-to-date and accurate in all respects;

(b) you are entering into this Agreement as principal and not on behalf of any third party without that party’s express written authority.

7. Intellectual property rights

7.1 We are either the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 You may print and may download extracts of any page(s) from the Service for your own internal business purposes.

7.3 You must not use any text, numerical information, graphics, still and moving images on the Service, including User Content as defined in Clause 9.1 (“Service Information”) for external commercial purposes or exploitation without obtaining an explicit written licence to do so from us or our licensors.

7.4 If you use, copy or store any Service Information in breach of this Agreement, your right to use such information will cease immediately and you must, at our option, return or destroy such information.

8.  User Content

8.1 You are solely responsible for the data, information or other content you input or upload into the Service (“User Content”). You understand and agree that we may, but are not obligated to, make changes to the Service and may delete or remove (without notice) any User Content in our sole and absolute discretion, for any reason or no reason, including without limitation User Content that in our own absolute discretion violates any provision(s) of this Agreement.  

8.2 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, your listing of any Finance Requests 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 this Agreement or of any applicable law or the rights of any third party.

9. Service Disclaimers

9.1 The Service Information may contain basic information about types of products, as well as commentary and other materials, to help you understand your needs and/or the Product Data, but such information is not intended to amount to advice or to be relied upon to make any decision. If you are uncertain about the meaning of any information on the Service, we recommend that you obtain independent financial and/or legal advice about it. We shall not be liable or responsible for any loss or damage arising from any reliance placed on the Service Information by you or any other users, or by anyone who may be informed of any of such information.

9.2 Owing to the number of third-party sources from which the Service Information is obtained and the nature of distribution of Information via the Internet, we cannot guarantee, warrant or represent that:

(a) the Service Information is complete, true, accurate, up-to-date or error-free;

(b) the Service or website is virus free or that their operation will be continuous, uninterrupted or error-free.

9.3 Although we provide rules for user conduct and postings, we do not control and are not responsible for User Content, including any that breaches or is of a kind that might breach any provision of this Agreement. We are not responsible for the conduct of any user, whether on or outside the Service. Neither the Service nor the Service Information can be relied upon by you or any third party as a guarantee of any particular result, nor does the Service or any Service Information constitute any form of advice, recommendation or endorsement by us. Neither the Service nor the Service Information is intended by us to be relied upon by you as the basis for making (or refraining from making) any specific decision.

10. Liability

10.1 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 this Agreement, negligence, wilful default, fraud or misconduct.

10.2 To the extent permitted by applicable law, our liability to you in respect of your use of the Service and any Service Information shall be limited to the amount paid to us in the preceding twelve (12) months in relation to any such use.

10.3 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 this Agreement.

10.4 Nothing in this Agreement shall limit our or your liability for personal injury or death, or for any other liability which may not be excluded by applicable law.

10.5 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.

10.6 No party shall be liable for any failure or delay in the performance of any obligation under this Agreement (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.

11. Termination

11.1  Either party may terminate this Agreement at any time.

11.2 Following termination of this Agreement, without prejudice to any accrued rights and obligations of the parties, we will provide you with limited access to the Service and your 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.

12. Complaints

12.1 If you wish to make a complaint about us or the Service you can email complaints@fundingxchange.co.uk, or contact us on 020 3695 9206 with details of your complaint. Please see our Complaints Policy for further details.

13. Notices

13.1 Except as otherwise expressly provided in this Agreement, any communication in writing may be given:

(a)        by post to the last known postal address that we hold for you or you hold for us;

(b)        by email to the email address last notified by you to us or by us to you.

13.2 Unless prohibited by applicable law, we may communicate with you by posting information in your Account or on the Service.

13.3 To the extent we are required to make communications under the PSRs 2017, we shall do so as set out at 13.1.

13.4 In the event of suspected fraud, we shall contact you using the contact telephone number provided by you during the registration process.

13.5 You agree that, unless and until you withdraw this consent by email to us, we may use your telephone, SMS, email and postal address to alert you to information about our products and services as it is in our legitimate interest to do so.

14. General

14.1 This Agreement is governed by English law and the courts of England and Wales will have exclusive jurisdiction to settle any disputes that may arise in relation thereto.

14.2 Nothing in this Agreement is intended to confer any benefit on any person who is not a party to this Agreement, and no third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

14.3 If any part of this Agreement is found to be illegal, invalid or unenforceable by any court of competent jurisdiction or regulatory authority, the remainder shall continue in full force and effect. No single or partial exercise, or failure or delay in exercising any right, power or remedy by either you or us shall constitute a waiver by us of, or preclude any further exercise of, that or any right, power or remedy arising under this Agreement or otherwise.

14.4 We may assign our respective rights and obligations under this Agreement.