These terms were last updated March 2017
Who we are and how to contact us
www.moneything.com is a website operated by MoneyThing Capital Limited (“We”). We are registered in England and Wales under company number 5254797 and have our registered office at 39 Church Crescent, Whetstone, London NC20 0JR.
We are authorised and regulated by the Financial Conduct Authority and entered on the Financial Services Register under firm number 703549.
We are a limited liability company.
We provide a platform (the “Platform”) via www.moneything.com (the “Site”). The purpose of the Platform is to facilitate the arrangement of secured credit agreements for UK business borrowers. Lenders may be individuals or corporate bodies. Borrowers may not be individuals.
To contact us, please email email@example.com.
By using our site you accept these terms
If you do not agree to these Terms or to any changes to them, you must not use our Site, and the Platform.
We recommend that you print a copy of these Terms for future reference.
There are other terms that can apply to you
These Terms refer to the following additional terms, which also apply to your use of our Site:
Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We can make changes to our site
We can make changes to these Terms, the Lender Terms, any other terms or policies that may apply, and/or the way we operate the Site and Platform from time to time and will take reasonable steps to bring any material changes to your attention.
We can suspend or withdraw our site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will be compatible with any hardware or software that you may use, will always be available or uninterrupted, or will always be accurate and up to date. We can suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our Site is directed to businesses in the United Kingdom, however it may be used by people residing elsewhere.
The Platform opening hours are decided by us and can be varied without notice.
We do not represent that content available on or through our Site is appropriate for use or available anywhere other than the UK.
You must keep your account details safe
Secure access to the Platform is provided by way of your username and password. These login credentials are unique to you and are our primary method of securely identifying you when delivering our services to you. It is therefore extremely important that you keep your username and password secure at all times and do not store them on a device or computer that would permit someone else to impersonate you.
You confirm that you will not provide your username and password to any third parties. If you breach this clause then you shall be responsible for any actions performed on your account by the third party.
We have the right to disable any username or password or any other piece of information, 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.
If you know or suspect that anyone other than you knows your username or password or any other piece of information, you must promptly notify us at firstname.lastname@example.org.
Use of this Site
You will not access or use the Site or the Platform except for their intended purpose and will not attempt to:
You will not disguise or interfere in any way with the IP address of the computer you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Site.
You are responsible for any telecommunication costs, broadband fees or data charges that you incur though your access to the Site or Platform.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and Platform and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. “Money Thing” is a UK registered trade mark used under licence from and registered to Triskele Limited, a company incorporated in the Isle of Man, of 3rd floor, St James’s Chambers, 64a Athol Street, Douglas, Isle of Man, IM1 1JE. You will not make any unauthorised use of the MoneyThing trade mark and any unauthorised use can result in legal action being taken against you.
www.moneything.com is the uniform resource locator (“URL”) of our company. You will not make any use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
We own all rights in any price data and related content on the Platform. Your registration and use of our Platform does not transfer any rights to the content and related intellectual property rights contained in our Platform. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Platform, including without limitation, any price data without our prior consent. Any unauthorised use or reproduction can be prosecuted.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
Except as otherwise permitted by law, you shall not monitor, use or copy our web pages or any content on the Site, including without limitation any price data for commercial purposes without obtaining a licence to do so from us or our licensors. Any unauthorised use or reproduction can be prosecuted.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
You agree to inform us as soon as possible if any information provided by you or contained in your account changes and/or if you become aware of any errors with respect to your account.
We reserve the right to remove from the Platform any loan commitments which are the subject of any error or for any other reason.
User-generated content is not approved by us
This Site can include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
We are not responsible for websites we link to
The Site can contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site. We have no control over the contents of those sites or resources.
Once you have left our Site, we are not responsible for the content of other websites or for the protection and privacy of any information which you provide on these websites. We do not accept any responsibility or liability for the privacy policies and website terms and conditions of these websites. Please check any privacy policies and website terms and conditions before you submit any personal data to such websites.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
You may not link to this Site from another website which contains inappropriate or distasteful content which reflects badly on us. The website in which you are linking must comply in all respects with the content standards set out below in the section “Uploading content to our Site”.
If you wish to link to or make any use of content on our Site other than that set out above, please contact email@example.com.
Your MoneyThing account
By making an application to borrow or registering as a lender on the Platform, you agree and confirm:
You must provide us with all information requested during the application process and comply with all our identification and anti-money laundering requirements to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Platform.
We reserve the right, in our sole discretion, to refuse to register you as a member of the Platform for any reason.
When you register as a lender or apply to borrow on the Platform you will be given a MoneyThing account (“MoneyThing Account”) and asked to set a password. You agree to keep your password, user name and MoneyThing reference number (MT Reference Number) strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.
You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your user name and reference are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.
We have the right not to act on your instructions under the following circumstances:
We have the right to disable any MoneyThing Account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Terms.
Our responsibility for loss or damage suffered by you
except where such liability arises as a result of our breach of contract, negligence or fault.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out below.
The content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out above.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our Site, you grant us the following rights in relation to that content:
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We can terminate the Terms by notice in writing to you at any time in the event that:
You can terminate these Terms by providing 7 days’ written notice to us, provided you have no Loans or Loan Commitments (each as defined in the Lender Terms) outstanding or borrowers’ requests to borrow money via the Platform open to offers on the Platform at the time of your request.
On termination of these Terms, any of your funds linked to your MoneyThing Account will, subject to any restriction under Applicable Law (defined below), be returned to you.
Following termination of these Terms, we will provide you with limited access to the Site and your MoneyThing Account for a period of 7 days to download any of your user content or information relating to loans made by or to you via the Platform. Upon the expiry of that 7 day period, your access to your MoneyThing Account and the Platform will be terminated and we will have no obligation to store or provide you with access to any information relating to your activity on the Platform.
We shall be obliged to disclose to you any information, consider or to take into account any information or other matters which come(s) to our notice or the notice of any of our employees, directors, agents, or associates:
You and MoneyThing will keep confidential and will not disclose to any third party any information that is marked or otherwise indicated as being confidential, except information that any of us is bound to disclose under any related amendment, re-enactment, subordinate legislation and regulations (“Applicable Law”) or by order or request of any regulatory authority or by a court of law, or to our respective professional advisers for the purposes contemplated in these Terms, or in our cases, where disclosure is necessary to exercise any of our rights or perform any of our obligations under these Terms.
In the event that you make a complaint, we will make every effort to rectify the problem as soon as practicably possible. If you have any complaint about this Site or any of the goods or services we provide, you should contact firstname.lastname@example.org and we will try and resolve it as soon as possible.
If you feel that your complaint or grievance has not been dealt with satisfactorily, you have the right to take your complaint to the Financial Ombudsman. If you have not received a final response letter from us within eight weeks of raising your complaint, or the final response letter has been received but is not satisfactory to you, you will need to bring your complaint to the Financial Ombudsman within six months. You can contact the Financial Ombudsman at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or by calling them on 0800 023 4567.
If you do refer your complaint to the Financial Ombudsman Service, this will not affect your right to take legal action.
The provisions of these Terms are personal to you and you shall not be entitled to assign or transfer any of your rights or obligations under these Terms.
We can assign our respective rights and obligations under these Terms.
If any provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the legality, validity or enforceability of any other provision of these Terms.
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
These Terms apply howsoever you decide to access the Platform (including through the Site or through any mobile device application).
If you have any questions about these Terms, please contact our Customer Services team on 0800 066 3344 or by email at email@example.com.
Which country’s laws apply to any disputes?