Terms of Use

These Terms of Use govern your access to and use of the Buildfund website, applications and related services.

By accessing or using our platform, you agree to these Terms. If you do not agree, you must not use the platform.

1. Who we are

Bare Capital Ltd, trading as Buildfund, operates this platform. Registered in England and Wales under company number 10311473.

Registered office: Black Bull House 353-355 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6EE

Operational office: 6 Dole Lane, Chorley, Lancashire, PR7 2RL

Contact email: info@buildfund.co.uk

Contact telephone: 0161 54262996

References in these Terms to "we", "us" and "our" mean Bare Capital Ltd. References to "you" mean the person or organisation using the platform.

2. About the platform

The platform is a technology service that helps users submit, organise, manage and share information relevant to funding, lending, property finance and related transactions, and may facilitate introductions to third-party lenders, brokers, advisers, service providers or counterparties.

Unless expressly stated otherwise in writing, we do not lend money, guarantee funding, make lending decisions, act as your agent, provide legal, tax, investment or financial advice, or assess the suitability of any product or lender for your circumstances.

Any funding decision is made solely by the relevant lender or provider.

3. Regulatory status

We are not authorised or regulated by the Financial Conduct Authority unless expressly stated otherwise on a specific page or in a separate written agreement.

The content and services provided on the platform are for information, workflow management and introductions only. Nothing on the platform constitutes regulated advice, legal advice, tax advice, investment advice or a recommendation.

You are responsible for obtaining independent professional advice where appropriate.

4. Eligibility and account registration

You may use the platform only if you are legally capable of entering into a binding agreement on behalf of yourself or the organisation you represent.

You must ensure that all information you provide is accurate, complete and not misleading, your login credentials are kept confidential, you notify us promptly of any unauthorised use of your account, and your use of the platform complies with applicable law and regulation.

We may suspend or terminate accounts where we reasonably believe there has been misuse, fraud, unlawful activity, breach of these Terms or a security risk.

5. Your responsibilities

You are responsible for reviewing all lender terms and transaction documents carefully, carrying out your own due diligence, ensuring that documents and information uploaded to the platform are accurate and lawful, obtaining any necessary consents from individuals whose personal data you upload, and ensuring you have authority to act for any business, borrower, lender or third party you represent.

You must not rely on the platform as a substitute for professional advice.

6. No guarantee of outcome

We do not guarantee that you will obtain finance, that any lender will respond, the speed of any application, the availability of any funding product, that any offer will be made on terms acceptable to you, or uninterrupted or error-free access to the platform.

Lenders and other third parties may withdraw, amend or refuse offers at any time.

7. Third-party services and content

The platform may contain links to, integrations with, or content from third parties, including lenders, communications tools, document providers, analytics providers and identity verification services.

We are not responsible for the content, availability, terms, privacy practices or acts or omissions of third parties. Your use of third-party services is governed by their own terms and policies.

8. Fees and commissions

Where applicable, fees, commissions or commercial arrangements connected with introductions or platform usage will be disclosed separately in writing, within the platform, or in the relevant commercial agreement.

Unless expressly agreed otherwise, you are responsible for your own costs and expenses in relation to any transaction.

9. Intellectual property

All intellectual property rights in and to the platform are owned by or licensed to Bare Capital Ltd, including the website and platform design, front-end and back-end software, source and object code, user interface, page layouts, branding, names, logos, text, graphics, icons, documents, databases, data compilations, functional workflows, operating methods, process logic, case management structures, lending and deal workflow structures, CRM workflow structures, proprietary know-how and all related materials.

You may use the platform only for its intended internal business purpose. Except to the extent permitted by law or expressly authorised in writing, you must not copy, reproduce, adapt, modify, distribute, republish, display, frame, mirror, scrape, extract, reverse engineer, decompile, disassemble or create derivative works from any part of the platform or its content.

You must not use the platform, its content, outputs, structure, workflows, platform logic or data to build, benchmark or support a competing product or service, or to train, fine-tune or develop any automated model, software or data product, without our prior written consent.

All rights not expressly granted are reserved by Bare Capital Ltd.

copy the structure, layout, workflow or business logic of the platform,
reproduce or commercialise any part of the platform,
scrape, mine, index, harvest or extract platform data,
use screenshots, copied text or recreated flows for competing purposes,
reverse engineer source code, object code, system logic or interface behaviour,
use platform content, data or outputs to train models or automated systems without written consent.

10. User content

You retain ownership of content and documents you upload, subject to the rights necessary for us to host, process, display, share and transmit that content to operate the platform and provide the services.

You confirm that you own the content or have the right to use it, it does not infringe third-party rights, and it is not unlawful, defamatory, misleading, harmful or malicious.

We may remove content that we reasonably believe breaches these Terms or creates legal, regulatory or security risk.

11. Data protection and privacy

Our collection and use of personal data is explained in our Privacy Notice and Data Protection Notice.

By using the platform, you acknowledge that we may process personal data in accordance with those notices.

12. Confidentiality

You must treat as confidential any non-public information obtained through the platform relating to us, other users, lenders, transactions or service providers, and must not disclose it except where lawfully permitted and strictly necessary.

This clause does not apply to information that is already public, lawfully obtained from another source, or required to be disclosed by law or court order.

13. Service changes and availability

We may update, modify, suspend or discontinue any part of the platform at any time. We may also impose limits on features, storage or usage where reasonably necessary for security, maintenance, operational or legal reasons.

14. Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under English law.

Subject to that, we exclude, to the fullest extent permitted by law, all implied warranties, representations and conditions.

We will not be liable for any indirect or consequential loss, loss of profit, revenue, business, opportunity or anticipated savings, loss of data, goodwill or reputation, decisions taken by lenders or other third parties, losses arising from your reliance on information provided through the platform, or losses caused by events outside our reasonable control.

Our total aggregate liability arising out of or in connection with the platform or these Terms shall not exceed the greater of the amount paid by you to us in the 12 months preceding the claim, or GBP 1,000.

15. Indemnity

You agree to indemnify and keep us indemnified against claims, losses, liabilities, costs and expenses arising out of your breach of these Terms, your unlawful or improper use of the platform, your infringement of third-party rights, or any inaccurate, unlawful or misleading information or content you submit.

16. Suspension and termination

We may suspend or terminate your access immediately where we reasonably believe you have breached these Terms, there is fraud, money laundering, sanctions risk or other criminal or regulatory concern, continued access poses a risk to users, lenders, our systems or our business, or we are required to do so by law.

On termination, your right to use the platform will cease immediately. Clauses intended to survive termination will continue in force.

17. Complaints

If you have a complaint, please see our Complaints Policy or contact us at:

Email: info@buildfund.co.uk

Post: Black Bull House 353-355 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6EE

18. Changes to these Terms

We may update these Terms from time to time. The latest version will be posted on the website with the updated date. Continued use of the platform after changes take effect constitutes acceptance of the updated Terms.

19. Governing law and jurisdiction

These Terms and any non-contractual disputes arising out of or in connection with them are governed by the law of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction, unless mandatory law requires otherwise.