Terms of use

This website that appears at www.smecapital.com and our platform (the “Platform”) (i.e. the private site for our Users as defined below) that appears at app.smecapital.com (together the “Sites”) are provided by SME Services & Holding Limited and its subsidiary undertakings (“SME Capital”, “we”, “us”, “our”), a company registered in England and Wales with company number 12579992, whose registered office is at 5th Floor, 101 Wigmore Street, London W1U 1QU and VAT number is 229 9216 84.

Please read these terms carefully. By using the Sites you (the “User”, “you”, “your”) accept these terms which are supplemental to our Privacy Policy, Cookie Policy and the terms and conditions (together the “Terms of Use”).

Changes to these terms

SME Capital reserves the right to amend, suspend and/or withdraw the Sites and to amend the Terms of Use from time to time. Where the User uses the Sites on behalf of a third party, including an employer (the “Borrower”), the User represents and warrants that it is authorised by such Borrower to access and use the Sites and to agree to these terms on the Borrower’s behalf. If you have not been authorised to use the Sites you must exit immediately.

Accessing the Sites

Most of the areas on the Sites are accessible only once you have registered your details with us. You will need to provide personal information and/or confirm your suitability before you may open an account with us or proceed to seek or make any application for a loan. You should note that we only offer business to business services and do not offer any personal loans.

If you register an account with us, you must ensure that all of the data you provide to us is accurate and up to date. You must ensure that your login details (including any user ID, password or other piece of information that forms part of our security measures) are treated as confidential and are not shared with anyone else in accordance with our Privacy Policy. Please ensure that no one has access to your account login details. Where you suspect that anyone else knows your login details or has used your account, please let us know straight away by calling us on +(44) 203 873 6983. We reserve the right to suspend or disable any account for any reason.

You are only allowed to register for one account with us. We reserve the right to delete, at our sole discretion, any additional account(s) which we believe to have been registered by the same person.

Access to the Sites is currently available free of charge, but we reserve the right to charge a registration fee in the future.

You are responsible for making all necessary arrangements for accessing the Platform. Access to the Sites is granted on a temporary basis and we can change the arrangements for access to, deny access to, close or suspend part or the whole of the Sites at any time, for any period of time, and for any reason without telling you beforehand and without liability.

Accuracy of the Sites and Computer Viruses

The Sites are provided “As is” and SME Capital makes no representations or warranties of any kind whatsoever regarding the accuracy or completeness of (i) the Sites; (ii) the results to be obtained by the User/Borrower or any other person from the use of the Sites; and (iii) any third party content accessible on or through the Sites. Save where required by law and to the extent permitted by law, SME Capital (i) disclaims any and all express or implied warranties and conditions including without limitation warranties and conditions as to merchantability and fitness for a particular purpose and (ii) does not warrant that the Sites, any content (including any third party content) and services offered therein will be uninterrupted or error free, that defects will be corrected or that the Sites, the servers from which it is made available or any connected site are free of viruses or other harmful components.

What you cannot do with the Website

You must not copy, scrape, distribute, reproduce or modify any material printed or downloaded from the Sites.

You must not use any illustrations, photographs, video or audio sequences or any graphics from the Sites separately from any accompanying text, or remove any indications of ownership. Some of the material published on the Sites (such as product descriptions and brand logos) are not owned by us and you will need to obtain the consent of the owner before using any such material.

You must not publish any copies of materials from the Sites in any public forum (whether online or offline), or make any statements or take any actions that could result in liability for us.

You must not, and must not attempt to, use the Sites (including by uploading or submitting any designs, images or reviews):

• to carry out or assist any unlawful or criminal activity;
• to receive, access or transmit material which is defamatory, obscene, offensive or sexually explicit or which contains or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• in any way that infringes any third party's intellectual property rights or data protection or privacy rights and or breaches any contractual duty or duty of confidence;
• to be threatening or harassing to any other person or to cause annoyance to, inconvenience or needless anxiety, upset, harm or embarrassment to any other person;
• to impersonate any person, or to misrepresent your identity or affiliation with any person;
• to access parts of our Sites that are not intended for public use;
• to access or monitor the Sites or any of its content other than using the Site's navigational structure or for any purpose other than that expressly permitted in these terms;
• to do anything which places an unreasonably large load on the Sites, or its supporting computer systems;
• to attempt to disrupt or interfere with the Sites in any way or with another person's use of the Sites, or use the Sites as a means of disrupting or interfering with other Sites;
• to probe, scan or test the vulnerability of the Sites or any network connected to it;
• to willfully corrupt any data, documents or material available on the Sites or insert or knowingly or recklessly transmit or distribute a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful into our network and computer systems so as to cause harm to the Sites, us or other users or which is likely to bring the Sites or us into disrepute;
• to reproduce, duplicate, copy scrape, or re-sell any part of our Sites in contravention of the provisions of these terms;
• to access without authority, interfere with, damage or disrupt any equipment, network or software on which the Sites is stored or which is used or owned by the Sites or that of a third party; or
• to assist, encourage or permit any other person to do any of the acts described above.

All of the above are forbidden regardless of the means used and some of these acts constitute offences under various laws and regulations, including but not limited to the Computer Misuses Act 1990 (as amended from time to time).

Intellectual property rights

Unless otherwise stated, we are the owner or licensee of all intellectual property rights in the Sites and the material published on it (including the “look and feel” of the Sites). These rights are protected by laws and treaties around the world and all of our rights are reserved.

Breach of Terms of Use

If we suspect or have reasonably grounds to believe that you have breached these Terms of Use, we may take such action as we consider appropriate in the circumstances, including, but not limited to all or any of the following actions:

• we may remove or suspend the Sites;
• we may temporarily or permanently prevent you from using your account on the Sites;
• we may issue a warning to you;
• we may take legal proceedings against you and may seek reimbursement of any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of these terms on an indemnity (pound for pound) basis;
• we may require that you return or destroy copies of materials you have made in breach of these terms; and/or
• we may disclose such information to law enforcement authorities as we feel is necessary and, where the breach concerns a third party’s intellectual property rights, we may disclose your details to any third party claiming that you have infringed their intellectual property rights.

Liability

Use of the Sites is at the User/Borrower’s own risk and the User/Borrower assumes full responsibility and risk of loss resulting from use of or access to the Sites. SME Capital shall not be liable for loss or damage of any kind arising as a result of (i) content of the Sites, including third party content; (ii) any errors in or omission from the Sites; or (iii) use of or access to the Sites (except in the case of wilful misconduct, fraud or negligence by SME Capital).

SME Capital shall have no liability arising from (i) the User/Borrower’s inability to access or use the Sites for any reason; and (ii) any failure by the Sites to transmit, or any delay in the transmission or the receipt by SME Capital of any information and/or instructions, any rejection or non-execution of any information and/or instructions or any failure of the Sites to transmit, or any delay in the transmission or the receipt by the User/Borrower of any notification that any information and/or instructions have or have not been sent or executed.

To the extent permitted by law, SME Capital shall not be liable for any loss of profits, sales, business or revenue, loss of goodwill or reputation or damage, including damage to data, or indirect or consequential loss arising from the User/Borrower’s use of or access to the Sites or the User/Borrower’s inability to access or use the Sites. SME Capital shall not be liable for any failure to perform any obligation under these terms or from any delay in the performance thereof due to causes beyond its control. Nothing in these terms excludes or limits the SME Capital’s liability for fraud or for personal injury or death caused by SME Capital’s negligence.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.

General

These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these terms or its subject matter.

If you have any concerns about the materials which appear on the Sites, please contact +(44) 203 873 6983.