These terms of use apply to your access and use of our website, www.smecapital.com (the Website), together with our Privacy Policy and Cookies Policy.

Please read these terms carefully. By continuing to use the Website, you agree to be bound by them. If you do not accept these terms, you should not visit or use the Website.

Information about us

The Website is operated by SME Platform Ltd. (t/a SME Capital), a company registered in England and Wales with company number 9321861, whose registered office is at 4th Floor, 7 Old Park Lane, London, W1K 1QR (we, us, our). Our VAT number is: 229 9216 84.

Changes to these terms

We may change these terms at any time by updating them, so please ensure that you check them regularly. By using the Website after any such changes have been made, you will be deemed to have accepted the amended terms.

Accessing the Website

Most of the areas on the Website 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 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 revealed to anyone else. 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 Website is currently available free of charge, but we reserve the right to charge a registration fee in the future.

We try to make the Website available 24 hours a day, but we do not guarantee that the Website or any content on it will always be available or that your use of the Website will be uninterrupted.

You are responsible for making all necessary arrangements for accessing the Website. Access to the Website 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 Website at any time, for any period of time, and for any reason without telling you beforehand and without liability.

Accuracy of the information on the Website

Some of the information available on the Website has been provided to us by third parties and we make no representation as to its accuracy or that it is up to date.

Computer viruses

We will try to ensure that the Website is free from viruses and other technically harmful material but unfortunately, due to the inherent risks associated with using the internet, we cannot guarantee this. Although we may carry out security measures for your protection, you acknowledge that it is your responsibility to carry out sufficient procedures and checks (including anti-virus and other security checks) to meet your needs.

Your right to use the Website

You may only use the Website for lawful purposes and in accordance with these terms of use.

We are happy for you to print or download/save as many copies of each page of the Website as are required for the purpose of placing business orders through the Website. You may also draw the attention of others within your organisation to material posted on our Website.

Links to the Website

You can create links to the Website but you should:

  • only create links from websites owned by you;
  • only create the link in a way that is fair and lawful and does not damage, cause likelihood of damage to, or take advantage of, our reputation;
  • not suggest any form of association, approval or endorsement on our part where none exists;
  • not imply that any content on the Website is your own or that you are licensed to use it; and
  • not frame the Website on any other site.

Links to other websites

We may provide links to websites of third parties that we believe will be of interest and relevant to you. These links are provided solely for your convenience. If you use these links, you leave the Website. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Each third party will have its own policies on how you can use their website, how they use your personal data and how they use cookies. Please read the privacy statement and other policies on any website you have accessed in this way.

What you cannot do with the Website

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

You must not use any illustrations, photographs, video or audio sequences or any graphics from our website separately from any accompanying text, or remove any indications of ownership. Some of the material published on the Website (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 Website 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 Website (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 website that are not intended for public use;
  • to access or monitor the Website or any of its content other than using the Website'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 Website, or its supporting computer systems;
  • to attempt to disrupt or interfere with the Website in any way or with another person's use of the Website, or use the Website as a means of disrupting or interfering with other websites;
  • to probe, scan or test the vulnerability of the Website or any network connected to it;
  • to willfully corrupt any data, documents or material available on the Website 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 Website, us or other users or which is likely to bring the Website or us into disrepute;
  • to reproduce, duplicate, copy scrape, or re-sell any part of our website 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 Website is stored or which is used or owned by the Website 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 the Computer Misuses Act 1990.

Intellectual property rights

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

Our rights are subject only to your rights stated in the “Your right to use the Website” paragraph above.

Breach of these terms

If we think that you have breached these terms, 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 Website;
  • we may temporarily or permanently prevent you from using your account on the Website;
  • 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.

Our Liability

The material displayed on our Website is provided without guarantees, conditions or warranties as to its accuracy. Subject to any rights that we afford in any other applicable terms and conditions, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by law.

We will not be liable for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill; or
  • wasted management or office time.

To the extent that you are a business user, we will not be liable for any direct, indirect or consequential loss or damage incurred in connection with your use, inability to use, or results of using the Website or any websites linked to it.

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

Neither we nor you will be responsible if we are unable to perform our obligations under these terms of use due to events which are genuinely beyond your or our reasonable control (as applicable).

These terms are governed by, and shall be interpreted in accordance with, the laws of England and Wales. Where you are a consumer, the courts of England and Wales shall have non-exclusive jurisdiction over any claim arising from, or related to, your use of the Website. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction. Where you visit the Website in the course of your business, the courts of England and Wales shall have exclusive jurisdiction.

If you have any concerns about the materials which appear on our Website, please contact +44 (0)20 3873 6983.