Website terms and Conditions

 

  1. WEBSITE terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR SUBSCRIBING FOR ANY SUBSCRIPTION

  1. What’s in these terms?

These terms and conditions (the “Terms”) apply to your use of our website Home (fintelsustain.com), any material on it, any social media channels or messaging services operated by us (the “Website”) and any subscription services for our Platform (as defined at Clause 10.1.1.2 below) (a “Subscription”) or other FiNTEL services that you have access to. 

  1. Who we are 

Our Website is operated by FiNTEL Sustain Limited (“FiNTEL”, "we", “us”, “our”). 

  1. Contact us

To contact us, please use the email contact on this website.

  1. By using our Website you accept these terms
    1. By using our Website or agreeing to subscribe for any Subscription, you confirm that you accept our Terms and that you agree to comply with them.
    2. If you do not agree to the terms, you must not use our Website or subscribe for any Subscription.
    3. You may wish to print a copy of these terms for future reference.
    4. There are other terms that may apply to you
      1. These Terms refer to the following additional terms, which also apply to your use of our Website and our Platform:
        1. Our Privacy Notice: refer to website link
        2. Our Cookies Policy: refer to website link
    5. Variation to these Terms
      1. We may amend these Terms from time to time. Every time you wish to use our Website or our Platform, please check these Terms to ensure you understand the Terms that apply at that time. 
      2. These terms were most recently updated on 3rd October 2024.
    6. We may make changes to our Website
      1. We may update and change our Website or our Platform or other available products from time to time, including to reflect changes to our users’ needs, and our business priorities.
      2. We will try to give you reasonable notice of any major changes to our Website or to our Platform.
    7. We may suspend or withdraw our Website
      1. We do not guarantee that Website, or any features or content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website, including for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
      2. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
    8. We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

  1. Licence and use of Website
  2. Licence
    1. Grant of licence
      1. We grant to you a non-exclusive, non-transferable licence to access our Website and any publicly available material on it in accordance with these Terms.
      2. If you subscribe for a Subscription, we grant to you a non-exclusive, non-transferable licence to use the sustainability rating platform comprising of software and publicly available data that is available through our Website (the “Platform”) in accordance with these Terms. 
      3. You have no intellectual property rights in, or to, the Website or the Platform other than in accordance with these Terms.
        1. We are the owner or the licensee of all intellectual property rights in our Website and the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
        2. Except as expressly set out in these Terms or as permitted by any local law, you undertake:
          1. not to copy any material on our Website or in the Platform, except where such copying is incidental to normal use of the Website or the Platform;
          2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Website or the Platform nor permit the Website or the Platform or any part of it to be combined with, or become incorporated in, any other programs;
          3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website or the Platform nor attempt to do any such things; 
          4. to include our copyright notice on all entire and partial copies of the Website in any form;
          5. not to provide, or otherwise make available, the Website or the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; and
          6. to comply with all applicable technology control or export laws and regulations.
      4. No text or data mining, or web scraping
      5. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website, the Platform or any services or features provided via, or in relation to, our Website or the Platform. This includes using (or permitting, authorising or attempting the use of):
        1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or the Platform or any data, content, information or services accessed via the same; and
        2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
      6. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
      7. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
      8. Do not rely on information on the Website or in the Platform
        1. The content on our Website is provided for general information only. It is not intended to amount to advice, whether financial or otherwise, on which you should rely, and it is not intended for form part of any investment strategy. 
        2. The data in our Platform: 
          1. does not endorse any product, strategy, or project through provision of the rankings;
          2. should not be relied upon and is not intended to amount to advice, whether professional, financial or otherwise, and is not intended for form part of any investment strategy;
          3. is not an indicator of economic or financial performance, obligation or creditworthiness; 
          4. is based on open-source publicly available data that is subject to continuous change;
          5. is not subject to regulatory approval from any regulatory bodies; and
          6. is no indicator of future performance.
        3. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or our Platform.
        4. Although we make reasonable efforts to update the information on our Website and in our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and Platform is accurate, complete or up to date.
      9. We are not responsible for websites we link to
        1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
        2. We have no control over the contents of those sites or resources and accept no liability for any opinion or information on such third-party sites.
      10. User-generated content is not approved by us

The Website may include information and materials uploaded by other users of the Website. To the extent it does so, this information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

  1. Acceptable use policy
    1. This policy sets out the content standards that apply when you upload content to our Website (to the extent you do so), link to our Website, or interact with our Website in any way, including through your use of the Platform.
    2. You agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our Website or the Platform in contravention of the provisions of these Terms; and
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of our Website or the Platform;
        2. any equipment or network on which our Website or the Platform is stored;
        3. any software used in the provision of our Website (including but not limited to the Platform); or
        4. any equipment or network or software owned or used by any third party.
        5. You may not use our Website or the Platform:
          1. in any way that breaches any applicable local, national or international law or regulation;
          2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
          3. for the purpose of harming or attempting to harm minors in any way;
          4. to bully, insult, intimidate or humiliate any person; 
          5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
          6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
          7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar code designed to adversely affect the operation of any software or hardware; or
          8. to upload terrorist content.
        6. The content standards below apply to any and all material which you contribute to our Website or the Platform, to the extent you can do so (“Contribution”), and to any interactive services associated with it. We will determine, in its discretion, whether a Contribution breaches the content standards. 
        7. A Contribution must:
          1. be accurate (where it states facts);
          2. be genuinely held (where it states opinions); and
          3. comply with all applicable law in any jurisdiction that you are located in and all law applicable in England and Wales.
        8. A Contribution must not:
          1. be defamatory of any person;
          2. be obscene, offensive, hateful or inflammatory;
          3. bully, insult, intimidate or humiliate;
          4. promote sexually explicit material;
          5. include child sexual abuse material;
          6. promote violence;
          7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
          8. infringe any copyright, database right or trade mark of any other person;
          9. be likely to deceive any person;
          10. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
          11. promote any illegal content or activity;
          12. be in contempt of court;
          13. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
          14. be likely to harass, upset, embarrass, alarm or annoy any other person;
          15. impersonate any person or misrepresent your identity or affiliation with any person;
          16. give the impression that the Contribution emanates from us, if this is not the case;
          17. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
          18. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
          19. contain any advertising or promote any services or web links to other sites.
    3. Fees
      1. Unless your Subscription is a free beta or test subscription, the fees to access the Platform through a Subscription are as set out on Website, or as otherwise agreed between us from time to time (the “Fees”). All Fees are billed at the commencement of the subscription and on a periodic basis agreed between us thereafter (each a “Subscription Period”) and are exclusive of all sales tax unless otherwise stated.
      2. Your Subscription will automatically renew at the end each Subscription Period unless you cancel it 30 days prior to the end of your current Subscription Period.
      3. We may change the price for the Subscriptions from time to time, and will communicate any price changes to you in advance.
    4. Limitation of liability
      1. No limits on liability
        1. Nothing in these Terms limits our liability for:
          1. death or personal injury caused by our negligence;
          2. fraud (including fraudulent misrepresentation); or
          3. any other liability that cannot be limited by law.
      2. Our liability

Subject to Clauses 12.1 and 12.3, our aggregate liability for all claims and losses in relation to the Platform is limited to the value of your Subscription.

  1. Exclusions
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website, the Platform or any content or features on them.
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our Website or the Platform; or
      2. use of or reliance on any content displayed on our Website or the Platform.
        1. In particular, we will not be liable for:
          1. loss of profits, sales, business, or revenue;
          2. business interruption;
          3. loss of anticipated savings;
          4. loss of business opportunity, goodwill or reputation; or 
          5. any indirect or consequential loss or damage.
    3. Uploading content to our Website
      1. To the extent that you make use of a feature (including social media platforms) that allows you to upload content to our Website or the Platform, or to make contact with other users of our Website or subscribers to the Platform, you must comply with the content standards set out in our Acceptable Use Policy (see Clause 10.9).
      2. 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.
      3. Any content you upload to our Website or the Platform 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 and other users of our Website or subscribers to the Platform 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 in Clause 14.
      4. 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 Website or the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
      5. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see Clause 10.9).
      6. You are solely responsible for securing and backing up your content.
      7. We do not store terrorist content.
    4. Rights you are giving us to use material you upload
      1. To the extent that you upload or post content to our Website or the Platform (including via social media platforms), you grant us the following rights to use that content:
        1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website or the Platform and across different media including to promote the Website, the Platform or the service forever; and
        2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.
    5. We are not responsible for viruses and you must not introduce them
      1. We do not guarantee that our Website or the Platform will be secure or free from bugs or viruses.
      2. You are responsible for configuring your information technology, computer programmes and platform to access our Website and the Platform. You should use your own virus protection software.
      3. You must not misuse our Website or the Platform 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 Website or Platform, the servers on which our Website and Platform is stored or any server, computer or database connected to our Website. You must not attack our Website and Platform via a denial-of-service attack or a distributed denial-of service attack. 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 Website and Platform will cease immediately.
    6. Rules about linking to our Website
      1. You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
      2. 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.
      3. You must not establish a link to our Website in any website that is not owned by you.
      4. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
      5. We reserve the right to withdraw linking permission without notice.
      6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see Clause 10.9).
      7. If you wish to link to or make any use of content on our Website other than that set out above, please Contact Us (see Clause 3).
    7. Termination
      1. If you print off, copy, download, share or repost any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made
      2. We may terminate your access to the Platform and/or the Website immediately if: 
        1. you commit a material or persistent breach of these Terms; or
        2. in accordance with Clause 15.3.
      3. Upon termination for any reason, including if the term of the Subscription for the Platform should expire without renewal:
        1. all rights granted to you under these Terms shall cease;
        2. you must cease all activities authorised by these Terms; and
        3. you must destroy or return to us (at our option) all copies of any materials from the Platform then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
    8. Confidentiality
  2. You agree to keep confidential all information disclosed by us to you (whether before, on, or after the date of the commencement of your Subscription) that is marked as or has been otherwise indicated to be confidential, which either derives value to us from being confidential or would be regarded as confidential by a reasonable business person, except if that such information (i) is already in the public domain at the time of disclosure or (ii) enters the public domain other than by a breach of any obligation of confidentiality by you or your employees, officers, representatives, or advisers (the “Confidential Information”), unless otherwise agreed in writing. 
  3. You are not allowed to disclose Confidential Information to any third party except as otherwise permitted in these Terms.
  4. You may disclose (but not publicly communicate) Confidential Information to your professional advisers but may not disclose the Confidential Information to your employees, officers, sub-contractors, and agents unless such individuals:
    1. need to know it for the purpose of it exercising or performing its rights and obligations under these Terms; 
    2. have been informed the Confidential Information is confidential and the purpose for which it may be lawfully used; and 
    3. agree to act in compliance with the confidentiality requirements of these Terms, on the condition that you shall remain responsible for their compliance. 
      1. You will not be in breach of these Terms (even if there is a contrary provision) if you disclose any Confidential Information pursuant to a court order or a binding request from a governmental or regulatory authority with jurisdiction or any other third party with power to require the disclosure of such information, on the condition that (if it is permitted to do so) you give reasonable notice of such disclosure to us.
    4. Force majeure
  5. For the purposes of this Clause 19, a “Force Majeure Event” shall mean any circumstances beyond our reasonable control, including: (i) any avalanche, drought, earthquake, fire, flood, hurricane, landslide, lightning strike, storm, tornado, tsunami, volcanic eruption; (ii) any epidemic or pandemic; (iii) any war, civil war, armed conflict, terrorist attack, riot or civil commotion, any threat of or preparation for any of those things, or any breaking-off of diplomatic relations; (iv) the imposition of any sanctions, any embargo or any import or export quota, restrictions, or prohibition; (v) the collapse of any buildings, or any fire, explosion, or accident; (vi) any sonic boom or nuclear, radiological, chemical, or biological contamination; (vii) any act of God; (viii) any action taken by any government, international organisation or public authority or the passing of any law; (ix) any strike, lock-out, overtime ban or call-out ban, go-slow, work-to-rule or other labour, trade or industrial dispute or action; (x) any interruption, failure, or unavailability of any transport links, any telecoms links, the internet, or any utility; and (xi) any other circumstance that is beyond our reasonable contemplation.
  6. If we are prevented, hindered, or delayed in or from performing some or all its obligations under these Terms because of a Force Majeure Event:
    1. we will not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations; and
    2. the time for performance of such obligations shall be extended accordingly.
  7. We shall:
    1. within five business days of its start, notify you in writing of the Force Majeure Event and: 
      1. the date on which it started and its estimated duration;
      2. the affected obligations by reference to the relevant provisions of these Terms; and
      3. an explanation as to why that event is preventing, hindering, or delaying the performance of the affected obligations identified; and
        1. use reasonable endeavours to:
  8. mitigate the consequences of the relevant prevention, hindrance, or delay;
  9. identify a way to perform the affected obligations notwithstanding the Force Majeure Event; and
  10. resume such performance as soon as reasonably possible after the end of the cause of the delay, hindrance, or prevention.
    1. Third party rights

No third party may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  1. Which country’s laws apply to any disputes?

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Any dispute arising out of or in connection with these Terms (including regarding its existence, validity, interpretation, performance, or termination) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

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