PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES
Clause 16 of these Terms contains important restrictions on our liability to you which we ask you to review carefully.
- Who we are and what we offer
- [https://storfund.com] is a website (the “Site”) operated by Stor Services Ltd (“we“, “us“, or “our“), a company registered in England and Wales under company number 11135497 having its registered office at 14 Old Queen Street, London, SW1H 9HP, United Kingdom.
- We offer our services to retailers who meet our eligibility criteria (the “Sellers”) who sell their goods on online shopping sites and platforms (the “Online Platforms”). For details of Storfund’s eligibility criteria, please click here.
- Any rights conferred on us in these Terms shall be interpreted as being conferred on any of our affiliates. We can exercise any of our rights under these Terms by ourselves or through any affiliate and we can assign, transfer or novate these terms to an affiliate. In these terms “affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with another entity or to whom an entity has an interest in.
- These Terms (together with the documents referred to in them) set out the terms and
conditions on which you
- use of our Site, any sub-domain and any online service provided by us on the Site; and
- access on behalf of an eligible Seller our services (“Access”) including the minimum eligibility criteria which you must meet in order to gain make such an Access.
- References to “you” in these terms includes you and the corporate entity on whose behalf you are using the Site and, if different, you and the corporate entity on whose behalf you seek Access.
- Please read these Terms carefully before you start to use our site or seek Access. You may wish to download and save a copy of these Terms for your ease of future reference.
- By using our site or taking the steps required to gain Access, you confirm that you accept these Terms and will comply with them. If you do not agree to these terms, you must not use our site.
to be incorporated into these Terms and by using the Site and taking the required
steps to seek Access you
process personal data through
your use of this Site, including any data you may provide through this Site, how we
look after your personal
data when you visit our Site (regardless of where you visit it from) and tell you
about your privacy rights
and how the law protects you; the terms on which we process personal data, or that
you provide to us. By using
our site or seek an Access, you consent to such processing and you warrant that all
data provided by you is
complete, true and accurate in all respects.
Subject to you having been granted an Access by us in accordance with these Terms, we (or one of our affiliates) will enter into a separate agreement with you which sets out the terms and conditions of factoring between you and us and, if we (or one of our affiliates) the security that you are required to provide to us (or one of our affiliates) (“Legal Documentation”). These Terms are, to the extent applicable, incorporated into any such Legal Documentation. However, in case of any conflict between these Terms and the Legal Documentation, the Legal Documentation shall prevail.
- These Terms (together with the documents referred to in them) set out the terms and conditions on which you may:
- Changes to these Terms
We may revise and/or update these Terms at any time at our sole discretion by amending this page. All changes are effective immediately on posting on the Site and will apply to the use of the Site (including any Access) from that time onwards. If you do not agree to such amended terms please stop using the Site and inform us of the same.
- Reliance on information and changes to our Site
- The information presented on or through the Site is made available for general information purposes and will not form the legal basis of any transaction or dealings between us or give rise to any contractual dealings.
- This Site includes (and may in the future include) content provided by third parties (including the users of the Site, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All such content and/or the opinions expressed in them, other than the content provided by the us, are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or the accuracy of any information provided by any third parties on our Site.
- We may update or change our Site from time to time and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it, nor do we make any representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
- Accessing our Site
- This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Any person or entity in respect of whom such prohibitions apply must not access the website.
- Nothing contained on website constitutes investment or other advice, nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before deciding whether you should or are permitted to use our services.
- Nothing on this website should be construed as a solicitation or offer, or recommendation, to engage in any transaction.
- We reserve the right to suspend, withdraw, discontinue or change all or any part of our Site in our sole discretion and without notice. We do not undertake that our Site, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. We reserve the right to restrict access to some parts (or the whole) of our Site from time to time to all users.
- We do not warrant or represents that the Storfund’s Site is, or will be, secure or free from errors, omissions, bugs or viruses and will accept no liability for any resulting losses. You should use your own virus protection software.You are responsible for:
- making all arrangements necessary for you to have access to our Site and to obtain Access; and
- to comply with all regulatory requirements applicable to you; and/li>
- ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
- You acknowledge and agree that this Site is not intended for distribution to, or use by, certain persons or entities in jurisdictions where such distribution or use would be contrary to applicable law or regulation. You acknowledge that to be able to access our services and to gain Access, you will be asked to provide registration details and/or other information.
- French Residents may only access the website and the Storfund service if:
- You are accessing this site on your own initiative and not as a result of any solicitation activities in France by Storfund;
- You fall within an exemption as set out in L.341-2 of the French Financial and Monetary Code; or/li>
- You are a “qualified investor” (as defined in Article L441-2 of the French Monetary and Financial Code)
- Account security
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures (the “Security Details”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with your Security Details. To the extent that you authorise any employee, contractor or agent to access the Site using your Security Details, then you will be responsible for their activity on the Site. You agree to notify us immediately of any unauthorised access to or use of your Security Details or any other breach of security at email@example.com.
- You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- We have the right to disable any Security Details, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have been in breach of any provision of these Terms. We also reserve the right not to act on your instructions or suspend your access to our Site or any part of it where we suspect that the person logged into the Site (or the Online Platform) using your Security Details is not you, or someone authorised by you, or we suspect illegal or fraudulent activity or unauthorised use.
- Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We accept no responsibility for such messages and will not be liable to you or anyone else for any loss or damage or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet. We will never contact you by email or otherwise to ask you to validate your Security Details. If you receive such a request, please let us know immediately by contacting us at firstname.lastname@example.org.
- Intellectual property rights and confidentiality
- Our Site, its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws anywhere in the world. All such rights are reserved.
- These Terms permit you to use the Site for your personal and commercial use only in
order to receive the
Services. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly
perform, republish, download, store or transmit any of the material on our Site,
unless it is permitted in the
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- temporarily storage of copies of materials in RAM incidental to your accessing and viewing those materials;
- storing files that are automatically cached by your Web browser for display enhancement purposes;
- printing or downloading one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- if we provide desktop, mobile or other applications for download, downloading a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user licence agreement for such applications.
- You agree and undertake that you will not:
- modify copies of any materials from our Site;
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Site;
- access or use for any commercial purposes other than those provided by us any part of our Site or any services or materials available through the Site.
- If you are in breach of the provisions in this section 7 or provide any other person with access to any part of our Ste, your right to use our Ste will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No right, title or interest in or to our Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these Terms is a breach of these Terms and may constitute an infringement of copyright, trademark and other laws.
- Access to our Services and eligibility
- In order to be granted Access you must meet the minimum eligibility criteria set out on our Eligibility Criteria.
- If you fulfil the minimum criteria set out above and wish to gain Access then go to Apply Now and follow the instructions. You will be asked to request an authorisation token from the operator of the relevant Online Platform (the “Token”) and may be asked to provide certain information which may include, without limitation, your name, email address, the name of the corporate entity on whose behalf you are acting and a phone number we can contact you on. Once we receive your request for Access we may also subsequently ask you to provide additional information relating to the corporate entity on whose behalf you request the Access and its affiliates including, without limitation, copies of relevant passports or other identification documents of key individuals. If you do not provide all requested information (together, “KYC Information”) promptly upon request, we may not be able to grant you an Access.
- By submitting the Token for the purposes of gaining Access, you warrant that:
- you are duly authorised to submit a request for an Access and provide any KYC Information on behalf of the corporate entity on behalf of which you act;
- all the KYC Information is complete, true and accurate in all respects and you will update us if any such information changes;
- you will fully disclose to us any circumstances of which you are aware (including without limitation any claims, liabilities, litigation, arbitration, court proceedings or investigations, whether current, threatened or pending) which could reasonably be considered relevant to our decision as to whether provide our services to you or which might result in a material adverse change in your financial condition, business, assets or prospects;
- you will immediately notify us if you are or become aware of any circumstance (including without limitation any claims, liabilities, litigation, arbitration, court proceedings or investigations, whether current, threatened or pending) which means that you will cease to meet the eligibility criteria specified in section 8.2 or which could otherwise result in a material adverse change in your financial condition, business, assets or prospects, and you will indemnify us and hold harmless against any loss we (or any third party) may suffer as a result of or in connection with any breach of this warranty.
- You acknowledge and agree that by you requesting an Access and submitting the Token (even if you meet all of the eligibility criteria set out in section 8.2), we (including our affiliates) have no obligation whatsoever to consider or grant you an Access or to enter into any Legal Documentation with you. Our (including our affiliates) decision to enter into any Legal Documentation with you is in our (including our affiliates) sole and absolute discretion and we (including our affiliates) shall have no obligation to provide any reasons to you or justify our decision.
- The use of our Site or an Access may not be legal by certain persons or in certain countries, therefore you use our Site on your own initiative and risk and will be responsible for compliance with local laws which may apply in the country of your residence.
- Disabling your Access
- We reserve the right to disable your Access (without prejudice to our rights set out
in section 6.4) if:
- you breach these Terms and/or any term of the Legal Documentation;
- the Legal Documentation is terminated or expires (in whole or in part);
- we believe that you may be using our Site or your Access in a fraudulent manner or have been involved in money laundering or other criminal activities;
- we believe that you may be using the site in any way that causes, or is likely to cause, the Site or your Access to it to be interrupted or damaged in any way; and/or
- your Security Details are inactive for 3 months or more.
- The validity of any Loan Documentation and any of your obligations under or in connection with such Legal Documentation shall not be affected if you cease to be entitled to use our site and/or if your Security Details are suspended or disabled.
- We reserve the right to disable your Access (without prejudice to our rights set out in section 6.4) if:
- Limitation of our liability
- Notwithstanding any other provision, nothing in these Terms excludes or limits our liability to you for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law or any applicable law.
- To the extent permitted by applicable law and save in the case of fraud, we exclude all conditions, warranties, representations or other terms (whether express or implied) which may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort
breach of statutory duty, or otherwise, even if foreseeable, arising under or in
- the use of, or inability to use, our Site or the use of and reliance on any content displayed on it;
- our decision to deny an Access to you for whatever reason;
- any business interruption; and/or
- loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill, reputation and/or any indirect or consequential loss or damage;
- Without prejudice to the foregoing in this section 10, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
- To the extent that we are found to be liable to you for any loss or damage arising under or in connection with these Terms, our total liability to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise, even if foreseeable, shall not under any circumstance exceed US$ [insert amount] in aggregate.
- Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- The Legal Documentation will contain separate limitations and exclusions of liability in respect of any liability arising under or in connection with such Legal Documentation.
- Use of our Site
- You may use the Site only for lawful purposes and in accordance with these Terms.
- You must not misuse our Site and agree that you will not use the Site:
- in any way that is in breach of any applicable law or regulations, including without limitation share anything that is unlawful, misleading, discriminatory or fraudulent;
- for the purpose of:
- exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- hate speech as a direct attack by use of violent or dehumanising speech, statements of inferiority, or calls for exclusion or segregation on people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity and serious disability or disease;
- to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate Storfund, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or our business or users of the Site or expose them to liability;
- in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
- any device, software or routine that interferes with the proper working of the Site;
- to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- to attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; and/or
- to attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- 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. Unless we inform you otherwise, 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.
- Unless we inform you otherwise, you must not establish a link to our site in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice.
- Third party links and resources on our Site
- Where our Site contains links to other websites and resources provided by third parties, such links are provided for your convenience only and may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources.
- If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Entire Agreement
- These Terms, the Legal Documentation (and the documents referred to in them) constitute the entire agreement between us and you in relation to your use of our Site and the Access. It replaces and extinguishes all prior agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and undertakings of any nature made by us, whether oral or written in relation to your use of the Site and the Access.
- You acknowledge and agree that by accepting these Terms you have not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by us or on our behalf in relation to your use of our Site.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms.
- Applicable law and jurisdiction
These Terms (and any non-contractual disputes or claims arising in relation to them) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
These Terms are personal to you and you shall not assign, transfer or novate or deal in any other manner with any of your rights and obligations under these Terms without our express written consent.