Terms of Service
These Terms of Service constitute a legal agreement between you, as the user of the Platform, and Vested Impact Limited, as the owner of the Platform. Throughout these Terms of Service we will refer to you as "you", and we will refer to Vested Impact Limited as "we", "us" or "Vested".
These Terms of Service set out the general terms governing your use of the Platform. They apply to you as soon as you first use the Platform, and you are deemed to have agreed to be bound by them upon your first use of the Platform. If you do not wish to continue to be bound by these Terms of Service, please stop using the Platform now.
2. Relationship to Other Agreements
In addition to these Terms of Service, A Privacy Notice also sets out details of how your personal data will be used. Together, these are the "Platform Agreements".
During the course of your use of the Platform, you may choose to agree to be bound by certain other agreements: for example, if you wish to sign up to Vested, you will need to agree to a Membership Agreement, and if you wish to invest in a financial instrument offered through Vested, you will need to agree to the relevant Investment Agreement. We refer to all of these other agreements as the "Platform Agreements", because rather than just governing your technical use of the Platform, they set out the substantive terms that govern your relationship with us when you make use of our platform.
The Platform Agreements will continue to apply to you even after you have agreed to a Platform Agreement. However, if it turns out that there is a conflict between the Platform Agreements and a Platform Agreement that you agree to, the Platform Agreement will take precedence.
3. Intellectual Property
The Platform may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Platform's page layout, underlying code and software we refer to all of these as "Content".
All of the Content is the property of Vested, our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the "fair use" provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by Vested. For the avoidance of doubt, data mining or scraping the Platform without the express written permission of Vested is not permitted.
4. Links to Other Platforms
This Platform may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Vested or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on this Platform, that does not mean that we endorse that other website or in any way recommend that you should use it.
If you choose to agree to the Membership Agreement, you will see that in there – and in other Platform Agreements – we make certain promises to you about what parts of the Platform and its Content we are responsible for and what parts we are not. This means that, if you are a party to one of those agreements and something goes wrong with your use of the Platform, you may be able to hold us responsible depending on the circumstances.
However, with the exception of the specific promises we make in a Platform Agreement to which you are a party, you need to be aware that:
We make no warranty or representation (express or implied) that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.
We make no guarantee of any specific results from the use of the Platform.
No part of this Platform is intended to constitute advice, and the Content of this Platform should not be relied upon when making any decisions or taking any action of any kind.
The Platform is provided "as is" and on an "as available" basis, and we give no warranty that it will be free of defects and / or faults.
We accept no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Platform or any information contained in it, and you use the Platform and its Content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the Platform.
Users should be aware that they use the Platform and its Content at their own risk.
We have made every effort to ensure that these Terms of Service adhere strictly with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This clause on "Severability" shall apply only within jurisdictions where a particular term is illegal.
7. No Waiver
In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
From time to time we may update these Terms of Service to take account of changes in the law or for any other reason. If we update these Terms of Service, we will post a new version on the Platform, and as soon as you use the Platform after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms of Service to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.
If you wish to communicate with us about anything related to these Terms of Service, you may do so by sending an email to firstname.lastname@example.org.
If you wish to make a complaint about Vested, the process for doing so is set out in the Membership Agreement which can be accessed through your Vested profile. If we do not resolve the complaint to your satisfaction, you may have a right to complain directly to the Financial Ombudsman Service. Their address is South Quay Plaza, 183 Marsh Wall, London E14 9SR, and their Platform is at http://www.financial-ombudsman.org.uk. In addition, the European Commission's Online Dispute Resolution platform is at http://ec.europa.eu/consumers/odr.
11. Choice of Law
These Terms of Service, and the relationship between you and Vested created by it, shall be governed by and construed in accordance with the laws of England and Wales.
You agree to submit to the exclusive jurisdiction of the courts of England and Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.
We have used a few capitalised terms in this agreement, which means that they have specific definitions. In some cases the definition is set out when they are first used, but in a few cases we give the meaning below instead.
Privacy Notice means the privacy notice of the Platform
Vested means Vested Impact Limited, a private limited company registered in England and Wales under registration number 11804130; and
Platform means the Platform that you are currently using (www.vestedimpact.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.