Terms of use

Introduction
We are Spark Finance Ltd (“we”, “us”, “our”, “Spark”) and are in business as an intermediary/broking service to provide SME businesses with debt. We host the website www.sparkfinance.co.uk (the “Website”). Our company number is 10128297 and our registered office is: 18 John Stow House, London, England, EC3A 7JB.

This page (together with the documents referred to on it) informs users of the Website of our terms of use (“Terms of Use”) on which you may make use of our website (which includes any subsections of this website which are hosted within our web environment).
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These Terms of Use also apply to your use of any electronic system or interface that we provide to you through our Website (the “Online Platform”). References to Borrower Data in these Terms of Use has the meaning prescribed in our Terms of Service, available to registered borrowers and lenders of Spark.
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Please read these Terms of Use carefully before you start to use our Website. By using our Website including, without limitation, our Online Platform you indicate that you accept these Terms of Use and that you agree to abide by them.

If you do not agree to these Terms of Use, please refrain from using our Website.

If you have any concerns about material which appears on our Website, please contact us at info@sparkfinance.co.uk.
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Access
We offer access to the Website on a temporary basis, and we reserve the right to withdraw or amend the Website and the Online Platform without notice (see below). We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We will not be liable if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements to ensure have access to our Website.
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Subject to your compliance with these Terms of Use, we grant you permission to use our Website, provided that:
- use of our Website is solely for your use, and you are not permitted to resell or charge others for use of or access to our Website, or to use our Website in any other manner inconsistent with these Terms of Use;
- you will not duplicate, transfer, give access to, copy or distribute any part of our Website in any medium without our prior written authorisation; and
- you will otherwise comply with these Terms of Use and our privacy & cookies policy.

If you are accessing our Website on behalf of an organisation, these Terms of Use will apply to and be binding on your organisation.
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If you are an individual you confirm that you are over 18 years of age and are fully competent to enter into and comply with these Terms of Use and our privacy policy.

In the event that we terminate a customer account, you will no longer be able to access our services through the Website or Online Platform. However, we will continue to maintain records regarding you and the business to the extent that we are required by law to do so.
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Intellectual property
We are the owner of all intellectual property rights in our Website and Online Platform, and in the material published on it (with the exception of Borrower Data). You must not use any part of our Website for commercial purposes without obtaining a licence to do so from us. The content on our Website is for your individual use and is not intended for distribution to or sharing with others.
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You are permitted to print and download material from the Website or Online Platform for the purpose of using it for bona-fide business purposes. You may not copy, reproduce, transmit, store, process or change any representation or contents without the prior written consent of Spark.
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Links
Links to other websites are provided solely for your convenience, and if you use them, you leave the Website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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You are allowed to provide links from another website to the home page of our Website, but you may not include a link to any page that is not the home page. Incoming links to our Website must be fair and legal and must not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
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Our liability
Except as explicitly stated in these Terms of Use, we do not give any warranties, representations or undertakings in relation to our Website. You agree that the material downloaded, viewed or otherwise accessed through the use of our Website is obtained entirely at your own risk and that you will be completely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.
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To the extent permitted by law, we hereby expressly exclude our liability under or in connection with these Terms of Use and/or your use of our Website whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out below.
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Nothing in these Terms of Use shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law.

Any content uploaded to the Online Platform will comply with the Terms of Service, and for the avoidance of doubt must be accurate, up-to-date, complete, clear and not misleading.
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User name and password
When you register as a user of the Online Platform, you will choose, or be provided with, a user name and password. Such information is confidential and you must not disclose it to any third party.

We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us.

We may refuse to act on any instruction that we believe:
- was not submitted by the registered user;
- might cause us to breach a legal, regulatory or other duty; or
- suggests that our Website is being used for an illegal purpose or a purpose that is in breach of our regulatory obligations.

Use of material on the website
We provide various information, guidance, documents and tools on our Website (“the Materials”), including news articles,financial calculators and a ‘Wizard’ which allows you to anonymously enter some details on your business to determine the best source of financing.

The Materials are not intended to amount to advice on which reliance should be placed and in most circumstances,professional advice should be sought. The Materials are provided without any guarantees, conditions, representations or warranties as to its accuracy. We disclaim all liability and responsibility arising from reliance placed on the Materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Any of the Materials may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our Website, or any of the Materials, will be free from errors or omissions.

Malicious activity
In the event that you knowingly place viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful on to our Website, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Other applicable terms
These Terms of Use refer to our Privacy &Cookies Policy, which also applies to your use of our Website. By using our Website, you consent to the terms and conditions of our privacy policy and you warrant that all data provided by you is accurate.

Jurisdiction, applicable law and rights
The English courts have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Variations
We may revise the Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.