Terms of Service
These Terms of Service constitute a legal agreement between you, as the user of the Platform, and Seedrs Limited, as the owner of the Platform. Throughout these Terms of Service we will refer to you as “you”, and we will refer to Seedrs Limited as “we”, “us” or “Seedrs”.
These Terms of Service set out the general terms governing your use of the Platform. They apply to you as soon as you first use the Platform, and you are deemed to have agreed to be bound by them upon your first use of the Platform. If you do not wish to continue to be bound by these Terms of Service, please stop using the Platform now.
2. Relationship to Other Agreements
In addition to these Terms of Service, you and we may enter into several other contracts. For example, by using the Platform, you are deemed to have agreed to our Referral Fee Terms (if applicable) in addition to these Terms of Service. Our Privacy Notice also sets out details of how your personal data will be used. These and other agreements you may enter into, and notices you are provided with, in connection with your use of the Platform are referred to as “Platform Agreements”. The Platform Agreements are intended to be consistent with each other and should be read and interpreted together but, if a conflict arises:
(a) the terms of any Platform Agreement to which you agree or you are provided with after you agreed to these Terms of Service will prevail over the terms of these Terms of Service, and (b) the terms of these Terms of Service will prevail over the terms of any Platform Agreement to which you agreed to or you were provided with before you agreed to these Terms of Service.
3. Intellectual Property
The Platform may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Platform’s page layout, underlying code and software we refer to all of these as “Content”.
All of the Content is the property of Seedrs, our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the “fair use” provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by Seedrs. For the avoidance of doubt, data mining or scraping the Platform without the express written permission of Seedrs is not permitted.
4. Links to Other Websites
The Platform may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Seedrs or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on the Platform, that does not mean that we endorse that other website or in any way recommend that you should use it.
If you choose to agree to the Membership Agreement, you will see that in there – and in other Platform Agreements – we make certain promises to you about what parts of the Platform and its Content we are responsible for and what parts we are not. This means that, if you are a party to one of those agreements and something goes wrong with your use of the Platform, you may be able to hold us responsible depending on the circumstances.
However, with the exception of the specific promises we make in a Platform Agreement to which you are a party, you need to be aware that:
We make no warranty or representation (express or implied) that the Platform 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 make no guarantee of any specific results from the use of the Platform.
No part of the Platform is intended to constitute advice, and the Content of the Platform should not be relied upon when making any decisions or taking any action of any kind.
The Platform 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 accept no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, 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 Platform or any information contained in it, and you use the Platform and its Content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the Platform.
Users should be aware that they use the Platform and its Content at their own risk.
We have made every effort to ensure that these Terms of Service adhere strictly with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed 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 apply only within jurisdictions where a particular term is illegal.
7. 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 you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
From time to time we may update these Terms of Service if there is a valid reason, for example, to reflect changes in the law or changes to our services. If we update these Terms of Service, we will post a new version on the Platform, and as soon as you use the Platform after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms of Service to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.
If you wish to communicate with us about anything related to these Terms of Service, you may do so by sending an email to [email protected] Please note that the webmaster can only respond to questions about these Terms of Service and any technical issues with use of the Platform, and that if you have any other questions about the Platform you should email the appropriate address set out in the “Contact Us” section of the Platform.
If you wish to make a complaint about Seedrs, the process for doing so is set out in the Membership Agreement which can be accessed through your Seedrs profile. If we do not resolve the complaint to your satisfaction, you may have a right to complain directly to the Financial Ombudsman Service. Their address is South Quay Plaza, 183 Marsh Wall, London E14 9SR, and their website is at http://www.financial-ombudsman.org.uk. In addition, the European Commission’s Online Dispute Resolution platform is at http://ec.europa.eu/consumers/odr.
11. Choice of Law
These Terms of Service, and the relationship between you and Seedrs created by it, shall be governed by and construed in accordance with the laws of England and Wales.
You agree to submit to the exclusive jurisdiction of the courts of England and Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.
We have used a few capitalised terms in this agreement, which means that they have specific definitions. In some cases the definition is set out when they are first used, but in a few cases we give the meaning below instead.
Platform means the Seedrs platform, which includes the website currently hosted at the domain http://www.seedrs.com and all pages at sub-domains thereof and may, from time to time and as applicable, include pages hosted at other domains and identified by Seedrs as part of the Platform, and any mobile applications provided by Seedrs;
Privacy Notice means the privacy notice of the Platform, available here;
Referral Fee Terms means the referral fee terms of the Platform, available here;
Seedrs Limited means Seedrs Limited, a private limited company registered in England and Wales under registration number 06848016; and
Website means the website that you are currently using (www.seedrs.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.