Terms & Conditions
1.1 Divido.com is a sited operated by Divido Financial Services Limited, incorporated and registered in England and Wales under company number 09259397, with registered address at Office 7 35-37 Ludgate Hill, London, EC4M 7JN, United Kingdom (in these terms referred to as “Divido”, “we”, “us” and “our”). To contact us, please email firstname.lastname@example.org.
1.2 Divido provides software, service and technologies (the “Divido Platform”) to Merchants and Lenders (as defined below), to enable them to connect at the point of purchase, to offer and provide end customers access to point-of-sale finance. Consequently, your purchases from a Merchant may, upon your request and application, be financed by a Lender, over the Divido Platform.
1.3 Note that when you are purchasing goods or services (the “Product”) from a merchant that uses the Divido Platform (the “Merchant”), you are contracting with them and not Divido. We do not accept or take any money from you in relation to such purchase. Please refer to the Merchant for details of any terms or conditions applying to your purchase, including your statutory right to cancellation and a refund.
1.4 In the same way, when you are applying for, or receiving, finance from a lender that uses the Divido Platform (the “Lender”), you are contracting with them and not Divido. Please refer to the Lender’s terms and conditions regarding your finance application and any finance that may be provided to you by the Lender.
2. APPLICATION OF TERMS
3. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Divido Platform and in our Website, and any services and/or materials provided to you by Divido or accessed by you through our Website, when receiving customer support, or otherwise under these Terms. Such products, services, content and materials are protected by laws on intellectual property, including copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal, non-commercial use, and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
4. DATA PROTECTION AND COOKIES
5. AVAILABILITY OF OUR WEBSITE AND SERVICES
We do not guarantee that our Website or customer support will always be available, or is available without restrictions. We may suspend or withdraw or restrict the availability of all or any part of our Website and customer support for business and operational reasons.
6. NO RELIANCE ON INFORMATION
The content on the Website is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or other information displayed to you. We make no representations, warranties or guarantees that the content on this Website is accurate, complete or up-to-date.
7. NO WARRANTIES
We do not warrant that the Website or the customer support will be complete, timely, error free or that access thereto will be continuous or uninterrupted.
To the maximum extent permitted by law, our Website and customer support is provided “as is” and “as available”. We hereby disclaim all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
8. THIRD PARTY WEBSITES
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents 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.
9. ACCEPTABLE USE
You may use our Website and customer support only for lawful purposes. You agree not use the Website or the customer support in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website.
10. LIMITATION OF LIABILITY
10.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or the customer support, whether express or implied.
10.2. Divido 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:
(a) Use of, or inability to use, the Website or the customer support;
(b) Use of or reliance on any content displayed on the Website;
(c) Any breach by the Merchant, including any failure or fault in the Product purchased from the Merchant or any failure to deliver or delay in delivery of the Product; and
(d) Any breach by the Lender, including any failure to make payment to the Merchant, or any rejection of your application for finance by the Lender.
10.3 Further, Divido shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect or consequential loss or damage, loss of profit, sales, business or revenue, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or business interruption, arising under or in connection with these Terms.
11. CHANGES TO OUR WEBSITE AND SUPPORT
We reserve the right to make changes to the Website and the customer support at any time, for any reason, at our sole discretion.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
13. THIRD PARTY RIGHTS
13.1 These Terms are an agreement between you and Divido. No other person shall have any rights to enforce any part of these Terms.
13.2 Nothing in these Terms affects the liabilities, rights and obligations of you, the Merchant and/or the Lender, under the applicable terms between you and the Merchant and you and the Lender.
14. GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction over such disputes or claims.
Divido Financial Services Limited is authorised and regulated by the Financial Conduct Authority, Permission Number 628253.
Last Updated: July 3, 2019