Business Agent Limited
Website use and privacy terms and conditions
These terms and conditions set out the terms on which we, Business Agent Limited, collect, store and use personal information through our website at www.businessagent.com (the "Website"), and the terms on which you will be permitted to use the Website.
Please read these terms and conditions carefully and keep them in a safe place for future reference.
These terms and conditions apply to any person using the Website. You must not use the Website unless you agree with all of these terms and conditions.
If you wish to invest in equity crowdfunding through the Website, then you will also have to adhere to the Business Agent Investor Terms and Conditions, which are available here: [insert link].
If you are a business that issues equities or debt-based securities to raise finance through crowdfunding and you wish to "claim your pitch" through the Website, then you will also have to adhere to the Business Agent Issuer Terms and Conditions, which are available here: [insert link].
We receive fees from crowdfunding platform operators, business sellers and issuers of investments subject to separate agreements. You will not become a client of Business Agent merely by viewing its content and, accordingly, we do not accept any liability towards you in respect of your use of the Website other than any liability imposed by law or accepted by us pursuant to separate terms and conditions.
Business Agent Limited is a company registered in England and Wales (registration number: 08819159), whose registered office is at 7 Peerglow Centre, Marsh Lane, Ware, Hertfordshire, SG12 9QL.
We respect your right to privacy and will only process personal information you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.
If you have any questions about how we collect, store and use personal information, or if you have any other privacy-related questions, you can contact us by phone at: [01920 486440], by post at: [7 Peerglow Centre, Marsh Lane, Ware, Hertfordshire, SG12 9QL] or by email at: [firstname.lastname@example.org].
What information will we collect?
We may collect the following data about you provided when you access and browse the Website, or submit personal information to us through data entry fields on the Website):
(a) such contact information and identification details as we require, including your name, date of birth, postal address, phone and e-mail details. If you are a company we may also ask for information about your business such as company name and details about the company's directors;
(b) details of a bank account for making and receiving payments;
(c) information that you provide to us when you write to us (including by email);
(d) information that you provide to us when we speak to you by telephone. We may make and keep a record of the information you share with us;
(e) information that you provide to us by completing surveys on the Website; and
(f) details of any transactions which you or any directors or shareholders of your business carry out through the Website.
We do not and will not knowingly collect information from anyone under the age of 18. If you are under the age of 18, you will not be allowed to register through the Website.
How will your information be used?
We (or third party data processors acting on our behalf) may collect, store and use your personal information listed above for the following purposes:
(a) to allow you to access the Website and to enable you to register for a Business Agent online account;
(b) to make the Website available to you and to provide you with content which is tailored to your individual preferences;
(c) to let you know about our fees and charges;
(d) to enable you to make applications to become an issuer, investor, lender or borrower, or to obtain a listing on our Website;
(e) where you have given us your consent, to contact you with investments and services which we think may interest you; and
(f) to disclose your personal information to carefully chosen third parties so that they may contact you with products and services which they think may interest you. We will only disclose your personal information where we have obtained your consent in advance, and only to third parties which we have selected as suitable for you.
We will never disclose, sell or rent your personal information to any third party without your consent.
If you do consent but later change your mind, you may contact us and we will cease any such activity. However, if a third party acquires all (or substantially all) of our business and/or assets, we may disclose your personal information to that third party in connection with the acquisition.
We may also disclose your personal information where we are required to do so by applicable law, by a governmental body or by a law enforcement agency, and you acknowledge and consent to us doing so.
We may also collect details about you in order for us to prepare reports or compile statistics. However, no single individual will be identifiable from the anonymised details we collect for these purposes.
Access to information
You may, at any time, ask us to update or correct out-of-date or incorrect personal information that we hold about you free of charge.
You have the right to ask us to provide you with copies of personal information that we hold about you at any time, subject to a fee specified by law (currently £10).
You may also opt out of any marketing communications that we (or any third party to whom we have disclosed your personal information with your consent) may send you.
If you wish to exercise your rights in relation to any of the points in this section, please write to us (either by post or by e-mail) at the address specified above.
Third party websites
The Business Agent Website may link to other websites or resources on the internet, and other websites or resources may contain links to our Website. These terms and conditions only apply to the personal information that we collect and not to third party websites accessed through links on our Website.
Furthermore, some of the material on our Website is provided by third parties independent of us and we shall not be held responsible for any such third-party material. We disclaim any responsibility for or liability related to such third party material. Any question, complaints or claims related to any services should be directed to the appropriate third party. We shall not be liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of third party websites or resources.
Accuracy of data
We use reasonable endeavours to ensure that the data on our Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on our Website and you should be aware that such information may be inaccurate, incomplete or out of date.
To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Business Agent Website will be fault free and do not accept liability for any errors or omissions.
The copyright in the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
Product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
We will not have any ownership rights over your User Content. In order for us to perform and market the services we provide through the Website on your behalf and on behalf of our other Website users you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence to use, copy, distribute, publish and transmit such User Content in any manner.
You may not use content from the Website unless you obtain permission from its owner or are otherwise permitted by law. You shall not be granted any right to use any brands or logos mentioned on the Website.
We shall not be held liable for any copied content from other crowd funding websites as it is the sole responsibility of the entity that makes it available and not us. We may remove or refuse to display content and User Content that we reasonably believe violates our policies or the law.
Your responsibilities and rights
We accept no liability for data supplied by any person using the Website for display on the Website (the "User Content").
If you submit User Content for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
If you submit User Content for display on the Website you are also responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
You warrant that you have taken all reasonable precautions to ensure that any User Content you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this section.
Subject to the Contracts (Rights of Third Parties) Act 1999, this section may be enforced by the following people in their own right:
(a) any third party with whom we contract for content or advertising; and
(b) our employees or agents at the time of any failure to observe.
You will pay all royalties and other amounts owed to any person or entity based on your User Content.
We cannot guarantee the identity of any other persons with whom you may interact while using the Website.
Additionally, you shall not:
(a) take any action that imposes or may impose (as determined by our sole discretion) an unreasonable or disproportionately large load on the Website or its third-party providers’ infrastructure;
(b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
(c) bypass any measures we may use to prevent or restrict access to the services we provide through the Website (or other accounts, computer systems, or networks connected to the Service);
(d) run Maillist, Listserv, or any form of auto-responder or "spam" on the Website; or
(e) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
The content of the Website is for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website.
We accept no liability for any services provided by or investments made in third parties to whom information contained on the Website relates. Any services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those services before contracting with the supplier. In particular, we rely on regulated third party crowdfunding website operators to approve the content of materials that constitute financial promotions for the purposes of the rules of the Financial Conduct Authority.
We shall not be liable for any investment decisions made based upon such User Content. You agree that any reliance upon any User Content or information distributed through, posted on or accessed from the Website is at your sole risk.
Whilst we take appropriate technical and organisational measures to safeguard the personal information that you provide to us, please be aware that the transmission of information over the internet can never be guaranteed to be secure. Consequently, please note that we cannot guarantee the security of any personal information that you transfer to us over the internet.
We may transfer personal information that we collect from you to third party data processors located in countries that are outside of the European Economic Area or to members of our group of companies in connection with the above purposes. Please be aware that countries which are outside the European Economic Area may not offer the same level of data protection as the United Kingdom, although our collection, storage and use of your personal data will continue to be governed by these terms.
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