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Great ideas need shouting about. Here’s a selection of published pieces that are all about Kuflink.
Investor now have the option of spreading their risk through pool-funded investment or to fund specific deals via Kuflink Bridging’s new P2P arm.July 07, 2016
Kuflink offer a broader lending proposition as it expands its business via its new P2P platform.July 07, 2016
Kuflink work with some of the leading organisations in finance and property. Here are just of few of our partners.
Kuflink Ltd is authorised and regulated by the Financial Conduct Authority (FCA) (Registration Number 665279).
Kuflink Ltd is not covered by the Financial Services Compensation Scheme.
Kuflink Ltd has its registered office at 12 Helmet Row, London, EC1V 3QJ.
Past returns are not necessarily a guide to future returns.
1.2. Once you have confirmed electronically on the site that you agree to the terms and conditions and we have notified you that your application to use the Platform has been approved, the Agreement will come into effect. This Agreement will continue thereafter, unless it is terminated in accordance with the provisions Clause 15 (Termination).
1.3. The purchase and sale of receivables between Sellers and Purchases is facilitated by the Platform. The receivables relate to loans (“Loans”) concluded off the Platform and made a lender wishing to sell its rights to receivables under the Loan (“Seller”) and a commercial borrower (“Borrower”).Loan agreements between the Sellers and the Borrowers (“Loan Agreements") set out the terms of such loans.
1.4. Each borrower, including one or more third parties, has entered into one or more security arrangements (each a “Security Document”) in respect to a property owned by the Borrower (“Property”) with Kuflink to to secure and/or guarantee the Borrower’s repayment of the Loans to the Seller. The benefit of such Security Documents is held by Kuflink in trust for each Seller only, and in the event of the Borrower failing to fulfil its obligation under the Loan Agreement you will have no rights of recourse against the Seller or the Borrower.
1.5. You must comply with the terms of the Agreement if you with to become a member of Kuflink, and purchase receivables through the Platform.
1.6. The activities we carry out in relation to the Loan Agreements are not regulated by the Financial Conduct Authority. Furthermore, none of the numbers, graphics, text, audio or moving images, whether in physical or electronic form (“Information”) on the Platform and/or by Kuflink has been, nor needs to be, approved within the meaning of the Financial Platforms and Markets Act 2000. By lending on the Platform, whether or not in reliance on any such Information, you have acknowledged that you may be exposed to a risk of losing monies paid out in connection with a Receivables Purchase Agreement.
1.7. You agree to only use the Platform to apply to become a Purchaser and to purchase receivables from a Seller in connect with a Receivables Purchase Agreement. You further agree that you will not make contact with any Borrower, Seller, intermediary, solicitor or valuer concerning a Loan Agreement, Loan, Offer, Security Deposit or Information regarding them or any Property on the Platform without prior written consent. This excludes your own solicitor or professional advisors.
1.8. If receive information from, or otherwise contacted by, any person in connection to a particular Loan, Property, Loan Agreement, Security Document or Offer outside the platform, you must promptly notify us. You must also promptly notify us if you have a pre-existing relationship with the Borrower, Seller, or any intermediary, solicitor, law firm or valuerwhom you are aware is involved. If any person makes, or attempts to make, contact with you regarding these documents, then you must direct them to contact us.
1.9. The Information on the Platform is only intended for use inside the United Kingdom, and therefore, no such Information constitutes on offer or solicitation to anymore in any jurisdiction where such an odder is not lawful, or to anyone whom it is unlawful to make such an offer or solicitation.
1.10. Information which has been obtained by you through your User Account and Information we have disclosed directly to you, including Receivables Purchase Agreement, each Offer and/or Information regarding any Seller, Borrower, grantor of any Security Document, Due Diligence (as defined below), Property, Loan Agreement and/or Security Document (“Confidential Information”) must be kept strictly confidential by you. This Information shall not be disclosed by you in whole, or in part, directly or indirectly to any third party and must be used only for the purpose of making an Offer to purchase receivables via the platform only, given that:
1.10.a. So long as you have ensured that such employees and professional advisors have entered into enforceable undertakings with you, at least as strict as this Clause 1.10 and have agreed that such undertakings are enforceable by us. You may disclose such Information, if appropriate, for the purpose of working with you in connection with your decision to make an Offer via the Platform;
1.10.b. Confidential information may not include Information that:
1.10.b.i. had been in your lawful possession before it was disclosed, without confidentiality restrictions;
1.10.b.ii. you have obtained from a third party on an unrestricted basis other than through breach of this User Agreement, or breach of any other obligation of confidentiality on you or the third party;
1.10.b.iii. has been developed by you independently of us, and any Information received by you from us;
1.10.b.iv. you have been required to disclose in accordance with Applicable Law, as defined below, provided that you give us as much advance written notice of such a requirement as it is reasonably practicable, in the circumstances.
2.1. You must not have previously entered into a Loan Agreement as a Borrower with a Seller to be eligible to apply to use the Platform as a Purchaser, and you must be either:
2.1.a. a corporation or limited liability partnership incorporated or established with a bank account at a building society or bank;
2.1.b. or an individual who:
2.1.b.i. is 18 years old, or older;
2.1.b.ii. and has a bank account at a building society or bank.
2.2. You must be able to provide us with all of the required information of which we have requested during the application process, and comply with all of our identification and anti-money laundering requirements to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Platform (“Applicable Law”).
2.3. We reserve the right to refuse to register you as a member of the platform for any reason.
2.4. Once we are satisfied with all of the verification checks, and you have been accepted by us, the registration will be complete and we will open a data account in your name on our systems allowing you to access and use the Platform in accordance with the provisions of this User Agreement (“User Agreement”). This User Account does not hold any funds. When approving your application for User Account, you may be asked to choose a user name and password (“Access Codes”). We will ask you to verify your identity by providing these Access Codes every time you attempt to enter your User Account. Unless you notify us in accordance with Clause 2.5, we will assume that it is you accessing your account and making instructions once your correct Access Codes are entered, thus making you liable for those instructions made. In order to prevent others from impersonating you, you are required to keep the Access Codes secure, and not stored in a way that enables others to access your User Account. Additionally, if you disclose your Access Codes to another person whom you authorise to access your User Account, you are responsible and liable for any access, use, misuse, or disclosure of your Access Codes and/or your User Account by such person.
2.5. If you discover, or suspect, that the security of your Access Codes may have bee breached then you must notify us immediately. If we either deem ourselves that the security of your Access Codes may have been breached, or we receive notification from you that this is the case, you will be unable to access the Platform until measure have been undertaken to verify your identity.
2.6. Until you inform us that you believe someone else knows your Access Codes, and can use the Platform by impersonating you:
2.6.a. you will be held responsible for all instructions which we receive and act on, even if it was not given by you;
2.6.b. we will not be responsible for unauthorised access to your User Account, or access to the information available on it.
2.7. We withhold the right to refuse to act on any instruction that we believe be to:
2.7.a. was unclear;
2.7.b. not given by you;
2.7.c. might cause us to breach a legal or other duty;
2.7.d. if we believe the Platform is being used for an illegal purpose.
2.8. We do not guarantee that there will be sufficient Sellers or sufficient Loan Agreements available on the Platform despite providing you with the Platform to enable you to purchase receivables in accordance with the terms of the Agreement.
3.1. We are not duty bound to disclose any Information which we have received in the course of providing the Platform, including, without limitation to the generality of the foregoing, to any Seller or Borrower.
3.2. You agree that we do not provide any financial, accounting, taxation or legal advice in relation to any Offer, Receivables Purchase Agreement, or this User Agreement. Therefore, you are solely responsible for making your own independent appraisals and investigation into the risks of making a Purchase Request, and you are encouraged to obtain your own legal, accounting, tax and/or financial advice in relation to such matter which you consider necessary.
3.3. Except as may be expressly provided herein, nothing in this User Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, or to constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
4.1. All Sellers must notify us if they wish to make an offer to sell receivables through the Platform relating to a Loan Agreement between a Borrower and the Seller (“Offer”). Which receivables are for sale, and the amount of capital and interest due in respect of such receivables will be set out in specific terms in each Offer.
4.2. We will carry out the following due diligence on each underlying Loan Agreement and Offer (“Due Diligence”) and review the resulting Information internally (“Due Diligence Information”) for the purpose of deciding whether or not to make a Purchase Request in relation to an offer:
4.2.a. a professionally qualified valuer who is a member of the Royal Institution of Chartered Surveyors, as chosen by Kuflink (“Valuer”), will undertake a Valuation of the Property;
4.2.b. information about the property including leases, tenants, and covenants given by any tenants, including the Certificate of Title and our solicitors’’ report on the Certificate of Title;
4.2.c. information regarding the Borrower and its property experience, including credit reference Information about both the Borrower and each of its directors;
4.2.d. information regarding any person, or corporate, guarantors including credit reference checks and identity checks;
4.2.e. any other Information of which Kuflink reasonably deems necessary.
4.3. We will arrange for the details of the Offer to be published on the Platform, and be made available to potential Purchases once we have satisfactory completed our Due Diligence in relation to the proposed Offer.
4.4. We, or the Seller, reserve the right to withdraw an Offer from the Platform at any time before it is fully funded.
4.5. We reserve the right, in our sole and absolute discretion, to reject an Offer for any reason and at any time.
5.1. You will be able to view Offers through the Platform and submit requests to purchase receivables (“Purchase Request”) once you have registeres as a member of the Platform and have been provided with your User Account details.
5.2. Prior to making a Purchase Request, you must agree to transfer sufficient fund into our segregated bank account held at a duly authorised UK credit institution for the purpose of holding and disbursing funds paid by Purchasers (“Kuflink User Funds Account”) using a specified payment method, registered in your name. In accordance with Clause 8, these funds will be held by us, on trust for you. Additionally, you must register with us the details of a building society account or bank account based in the United Kingdom and opened with your name (“Nominated Bank Account”). If we intend to charge you for transaction costs, or propose to charge in respect of a transfer of funds to or from your Nominated Bank Account or otherwise, we will notify you in advance. Such charges and costs will be debited by us, from your User Account, and the corresponding amount will be deducted from funds held by us for you in the Kuflink User Funds Account.
5.3. Valid Purchase Requests made in relation to your cleared funds will be accepted in he order in which they are entered on the Platform, provided you are logged into your User Account and you have transferred funds into our Kuflink User Funds Account equivalent to the value of the Purchase Request you wish to make. We withhold the right, at our complete discretion, to accept or reject a Purchase Request at any time, for any reason.
5.4. Once a Purchase Request has been made, the amount specified in that Purchase Request (the “Purchase Amount”) will immediately be shown as reserved in your User Account. Any reserved money will not be available to be allocated to other Purchase Requests, or withdrawn from the Kuflink User Funds Account for period of time ending on the earlier of:
5.4.a. Purchase Requests being received from Purchasers representing the entire amount of receivables specified in the Offer (“Sale Target”) and subsequent execution of the Receivables Purchase Agreements in respect of such Purchase Requests;
5.4.b. or, the date upon which the Offer is withdrawn, or otherwise terminates in accordance with the terms of this User Agreement.
5.5. If the Offer is withdrawn in accordance with the terms of this User Agreement or if the Sales Target is not met, the Purchase Amount will no longer be reserved in your User Account and you, as a Purchaser, will be free to allocate that amount to another Purchase Request.
5.6. Under this User Agreement, there will not be a statutory right to cancel any Purchase Requests made under this User Agreement.
5.7. You are required to carefully consider the terms of an Offer before making a Purchase Request, as we shall not be responsible for the suitability of any Offer for you or any purpose for which you make a Purchase Request.
5.8. As a purchaser, you acknowledge and agree that:
5.8.a. you have read and understand the terms of the Due Diligence information and of the Offer in relation to which you are making the the Purchase Request, including any related risk disclosure documentation and the Receivables Purchase Agreement;
5.8.b. and if details of your Offer are published by us on the Platform, this does not constitute any approval or endorsement of the offer, or any representation by us that the Due Diligence Information accuratelyreflects the risks associated with the Offer;
5.8.c. we do not warrant that the use of any of the documents supplied as part of the Platform are suitable or appropriate for your needs and you must take your own independent legal and other advice on the terms of such documents, including, without limitation to the generality of the foregoing, any Receivables Purchase Agreements;
5.8.d. as a purchaser, you choose the amount of money that you want to offer for the Receivables, which tranche of Receivables you wish to acquire, the rate of interest you wish to receive and over what term. These preferences should be specified in your Purchase Request;
5.8.e. expected bad debt estimated are provided on an “as is” basis for information purposes, and thus are for general guidance only. We do not warrant their accuracy or reliability;
5.8.f. security Documents entered into between the Borrower and Kuflink, or between one or more third parties and Kuflink in favour of Kuflink as appropriate, will secure the performance of each Borrower’s obligations to the Seller under the Loan Agreement. For the perpetuity period of 125 year, Kuflink will hold the rights, interests and entitlements created by the Security Documents in a trust for the relevant Seller to that Borrower.
6.1. Once the Sale Target for an Offer on which you have made a Purchase Request has been reached, we will notify you. Through the platform, we will provide you with a Receivables Purchase Agreement, which you will be required to sign electronically by clicking to ‘accept’ the relevant terms and conditions for that Purchase Request.
6.2. We will show the Purchase Amount as having been debited from your User Account once you have signed the Receivables Purchase Agreement, and transfer the same amount from the Kuflink Funds User Account into the Seller’s account.
6.3. The Seller will collect the receivables and pay them into a trust account as soon as practicable after the receipt subject to the Borrower making the repayments due to the Seller under the underlying Loan Agreement. The name of the account shall make it clear that the accounts are held for the benefit of the Purchaser and that the proceeds of the accounts should not be paid out to general creditors of the Seller in the event of its insolvency.
6.4. Until the specified repayment dates set out in the Receivables Purchase Agreement, the Seller will hold the receivables on trust for you. Any capital repayments due under the Loan Agreement will be paid to you within three Business Days of receipt from the Borrower. Any interest repayments will be paid to you on the first business day after each month end (pro rata for the first and last month). We will deduct our fees from the interest payments before they are paid to you. Further details regarding repayment dates and the amount of repayments due will be set out in the Receivables Purchase Agreement. Interest will be earned from the next day for any purchases of the receivables by you after 3pm.
6.5. The rights, interests and entitlements created by the Security Documents will be held on trust for you by the Seller (in proportion to the Loan). They will be held on trust for you until such Loan has been repaid or enforced in accordance with the Receivables Purchase Agreement.
6.6. The Seller shall, at its discretion, be responsible for collection and enforcement in respect of the receivables if the Borrower misses a payment or only partially pays the amount due to the Seller under the Loan Agreement.
6.7. You agree to join any action proposed by the Seller and authorise the Seller to take all action and execute such deeds and documents as the Seller determines necessary in connection with such enforcement, if requested to do so by the Seller.
6.8. You acknowledge that until the Seller receives such sums from the Borrower, the Seller shall not be obliged to pay you all or any part of the receivables due under the Receivables Purchase Agreement.
6.9. You acknowledge that, in the event of the Borrower failing to fulfil its obligations under the Loan Agreement, you have no right of recourse to the Seller or the Borrower.
6.10. It is possible that the proceeds recovered as a result of any recovery and enforcement undertaken by the Seller under the Loan Agreement may not be sufficient to repay the entire amount of the receivables due to you under the Receivables Purchase Agreement. If so, you acknowledge that you will only be entitled to recover a share of any receivables, less the costs of recovery, according to the proportion that the purchase price paid for your proportion of the receivables represented to the total Loan amount borrowed by that Borrower (both of which are set specified in the Receivables Purchase Agreement).
7.1. If you are a purchaser who makes exclusive use of one or more means of distance communications for the purpose entering into this User Agreement up to, and including, the time at which this User Agreement is entered into, you shall be entitled to cancel this User Agreement within the 14 day period that begins on the day after you enter into it (“Statutory Cancellation Period”) by emailing us to that effect at email@example.com. If you make a Purchase Request during the Statutory Cancellation Period, you will no longer be able to cancel this User Agreement, nor that Purchase Request.
8.1. Any money you transfer to the Kuflink User Funds Account will be held on trust for you by us for the perpetuity period of 125 years. When interest is earned on any amounts held in the Kuflink User Funds Account, we will not keep any interest earned for our own accounts but we shall distribute such interest amongst the Purchasers on whose money this interest has accrued by crediting their respective User Accounts accordingly on a monthly basis.
8.2. We shall be entitled to take steps as we considered appropriate if there has been no activity on your User Account for a period of at least 18 months, which shall include transferring funds from your Kuflink User Funds Account to your Nominated Bank Account or sending a cheque to your last known place of residence or business, if appropriate.
8.3. As long as your funds have not been reserved for a Purchase Request made by you under Clause 5.4, you may request us to transfer your funds from the Kuflink User Funds Account to your Nominated Bank Account.
9.1. You will be charged an administration fee for purchasing receivables through the Platform. Depending on the terms of the underlying Loan, the amount of fees chargeable will vary, and will be set out in more detail on the Kuflink website.
9.2. We withhold the right to waive or offer discounts to any person on any of our fees, in our sole and absolute discretion.
9.3. We will give you at least 30 days’ notice if we are to change any of our fees, in accordance with Clause 18. We may change any of our fee rates from time to time to reflect cost increases or reductions in operating the Platform, or new features or services. Any such changes will only affect Purchase Requests, Offers, Receivables Purchase Agreements made on, and after, the date of which you have been informed the fee change will take effect.
9.4. All fees are exclusive of any applicable Value Added Tax or other taxes, for which the person who is obliged to pay the relevant Fee shall be liable.
10.1. By reading and agreeing to the terms of this Agreement, you signify to us that:
10.1.a. you have understood and acknowledged that neither we, nor any of our directors or employees, make any representation or warranty, expressed or implied, as to the accuracy or completeness of such Information despite our efforts to make reasonable endeavors to ensure the accuracy of the Information that we provide to you, or which has been provided to us to provide to you;
10.1.b. you are entering into this User Agreement and any Receivables Purchase Agreement not on behalf of any third party, but as a principle;
10.1.c. any law, ordinance, charter, by-law or rule applicable to you or the grantor of the same, or any other agreements by which you or such grantor are bound or by which any of your assets are affected will not be violated by the execution, delivery and performance of this User Agreement and any Receivables Purchase Agreement;
10.1.d. you will solely send funds to the Kuflink User Funds Account through the payment methods specified by us, and will not request that funds be sent to another bank other than your Nominated Bank Account from the Kuflink User Funds Account;
10.1.e. you will not use the Information provided on the Platform for any other purpose other than for researching the Offers listed on the Platform, and making Purchase Requests;
10.1.f. Information provided to us by you (“User Information”) is accurate, up to date and complete.
11.1. This Platform is provided “as is”; no representations or warranties of any kind are made by us, whether expressed, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform, or any part or use of it, will be interrupted, free of errors, free of harmful components, or that any information will be secure, accurate, reliable, up-to-date, timely or not otherwise lost of damaged. We exclude all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment and warranties arising out of any course of dealing or usage of trade, except to the extent prohibited by law.
11.2. You acknowledge and accept that limited investigation of Offers is undertaken by us, as the platform operates as a platform intended to introduce Purchasers and Sellers. Therefore, it is your responsibility to make your own assessment of the viability of each Offer, and if you are in doubt and require any assistance in making such an assessment, it is up to you to consult professional advisors.
12.1. “Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and related rights, service marks, trade marks, trade, domain names, business, rights in trade dress or get-up, rights in goodwill or to sue passing off, rights in designs, unfair competition rights, rights in computer software, semi-conductor rights, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in case case whether unregistered or registered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world, for the purposes of this User Agreement.
12.2. During your Term to access and use the Platform solely in accordance with this User Agreement, we grant you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to do the following; you may only print, display or download temporary copies of the content to your own computer solely for your own use in complete accordance with this User Agreement. You may not make permanent copies or reproduce any Information taken from the Platform in any form, nor reproduce or incorporate any Information or content take from the Platform into another website or material.
12.3. You obtain no rights from us or our licensors, including any rights related in, or related to, any Intellectual Property except as expressly provided in this User Agreement.
12.4. You will not assert, authorise, assist, or encourage any third party to assert against us, or our licensors, any patent infringement or other Intellectual Property Rights infringement claims regarding the Platform during, and after, the Term.
12.5. You undertake, warrant and represent that none of your User Information will infringe the rights of any third party. This included Intellectual Property Rights, publicity, privacy or other personal or propriety rights; or that it will contain defamatory or otherwise unlawful material.
12.6. You undertake not to:
12.6.a. use the Platform to:
12.6.a.i. for the purpose of sending unsolicited communications or inviting any person to invest outside of the platform through harvesting or collecting email addresses or other financial, personal or general contact Information of other users from the Platform by electronic or other means;
12.6.a.ii. download, or otherwise extract, Information from the Platform to create a database except to the extent expressly permitted in this User Agreement;
12.6.a.iii. re-circulate or transmit to any third party any Information that has been obtained from the Platform, except where on the Platform or expressly permitted by us.
12.6.b. damage, disable, overload or impair the Platform or the servers or which it is hosted, through using the Platform in an unlawful manner or another manner;
12.6.c. collect information from the platform using automated scripts, or otherwise use these automated strips to interact with the platform;
12.6.d. post, publish, transmit, share, upload, store, display or otherwise make accessible any information on the Platform which we deem:
12.6.d.i. to be invasive of privacy or publicity rights, fraudulent, obscene, vulgar, harassing, inflammatory, abusive, infringing on any intellectual property rights, defamatory, libellous, unlawful, threatening, harmful, misleading;
12.6.d.ii. and/or containing computer codes, software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer, hardware or telecommunications equipment;
12.6.d.iii. to be unauthorised advertising, solicitations, promotional material, “spam”, “chain letters”, “junk mail”, “pyramid schemes” or any other material we consider to be unsolicited;
12.6.d.iv. any third party Information, including, but not restricted to, addresses, phone numbers, National Insurance numbers, email addresses, or other identifiers, debit or credit card numbers;
12.6.d.v. an attempt to promote goods or services for your own financial benefit;
12.6.e. an attempt to register on the Platform as somebody other than yourself, without written authorisation from that entity, or register more than once;
12.6.f. falsely impersonate another person or entity by misrepresenting yourself, your age, your financial employment, or personal circumstances or your affiliation with any other person or entity;
12.6.g. falsely create an identity in relation to the Platform, or use/attempt to use another person’s User Account without authorisation from Kuflink.
12.6.h. Solicit any of the following: personal information fro anyone under 18 years of age, passwords or personally identifying Information for unlawful or commercial purposes;
12.6.i. use the Platform in such a way as to remove the trade makr or copyright notices from any copies of Information made in accordance with this User Agreement.
12.7. You understand that you are solely responsible for your User Information and therefore you may not post, share, or transmit User Information on the Platform or otherwise which you have not created yourself or you do not have permission to publish, display or post. You accept that we are not obligated to, but may, review the Platform, removing any User Information which which view, in our sole and absolute discretion, violates any provision(s) of this User Agreement without notice, for any reason, or no reason. Therefore, it is your sole responsibility to create backup copies and replace any User Information.
12.8. At the time you post your User Information, you authorize and allow us to make copies of it as and when we believe it is necessary in order to enable the publication, visualization and retention of the User Information as it relates to the Platform. By posting your information to the Platform, on any part of it, you, by default, grant, warrant and allow that you award us an irreversible, permanent, limited, transferable, entirely indemnified, global license (including the permission to sublicense) to utilize, copy, perform, display or use in any way we reasonably see fit, either in whole or in part and disburse that User Information for any purpose, insofar as it relates to the Platform or promotion of the Platform. You consent to our compiling or incorporating this User Information in conjunction with any other information and you grant and license any sublicenses. You may delete your User Information in any part, quantity or entirety from the Platform as you see fit, subject to the requirements of Clause 5. If you choose to do so, the above license will be waived, although you must accept we are permitted to retain archived versions of your User Information.
12.9. You agree to compensate and protect from loss, claims, damages, liabilities, expenses and costs, including from reasonable legal fees and expenses, and all registration fees and duties: us, our affiliates and subsidiaries, our directors, partners, agents, officers, employees, from any matter arising from or relating to:
12.9.a. any part of your User Information;
12.9.b. your Purchase Requests or any other use of the Platform;
12.9.c. your behavior relating to the Platform or in conduit with other users of the Platform;
12.9.d. any breach of this User Agreement by you or any infringement of Intellectual Property Rights or any other rights of any third party.
12.10. You and you alone bear responsibility for your communications with other users of the Platform. We hold the right to monitor disputes between you and other users, but are under no obligation to do so.
12.11. As stated in this User Agreement, we do not hold responsibility for third party Information partaken of or any User Information which is made public by other users of the Platform.
12.12. We are happy for you to ‘link’ to the home page of the Platform, but not to‘deep link’. This means you may not link to any page of the Platform other than home page. You may not show the contents of the Platform (including any part of it) or allow it to be displayed in any manner without our prior written consent.
12.13. The Information provided via the Platform is solely intended for the use of organisations and persons meeting the eligibility criteria set out in Clause 2 above. The Platform shall not be distributed to, or used by, any person or entity in any jurisdiction where the given distribution or use would in dispute with regulations or Applicable Law.
13.1. Kuflink is incorporated in England and Wales (registry number 08460508) to the address 12 Helmet Row, London, England, EC1V 3QJ.
14.1. You will be liable to Kufflink for any damage or loss we suffer as a result of your breaching this User Agreement, or for any negligence or wilful misconduct on your behalf.
14.2. We will be liable to you only for any loss or damage which occurs directly from our breaching this User Agreement, or wilful misconduct, negligence, or fraud.
14.3. While Kuflink takes all precautions to make sure that the standard of our Platform stays high and to retain the continuity of the Platform, the Internet is not necessarily a consistently stable medium, and as such, omissions, errors, service interruptions and delays can occur at any point. Accordingly, we accept no ongoing responsibility or obligation to operate the Platform or any of its component parts.
14.4. In respect of any Receivables Purchase agreement, our liability to you will be restricted to the amount paid by you relating to any such Receivables Purchase Agreement.
14.5. We shall not be liable for any incidental, indirect, particular, punishable or consequential damages, loss of profits, loss of business, corruption or loss of data, loss of reputation or goodwill that may arise as a result of any omission or act by us under this User Agreement.
14.6. This User Agreement does not limit any party’s liability for death or personal liability, nor for any other liability which is not excluded by Applicable Law.
14.7. Any failure or delay to perform the obligations laid out by this User Agreement (except any payment obligation), shall not see any party held liable, so long as its reason is a cause beyond the reasonable control of that party.
15.1. We may terminate this User Agreement by serving written notice you at any time, in the event that:
15.1.a. you are in appreciable breach of any term of this User Agreement;
15.1.b. you break any term of any Receivables Purchase Agreement which you are a party to;
15.1.c. we believe you have used the Platform, or purport to use the Platform, for the perpetration of an illegal activity.
15.2. You may terminate this User Agreement by serving us with 7 days’ written notice, as long as you have no Purchase Requests or Receivables Purchase Agreements standing against you at the time of your request.
15.3. Upon termination of this User Agreement, any funds you have remaining in the Kuflink User Funds Account will, allowing for any restriction under Applicable Law, be transferred to the Bank Account you have nominated or be credited to you by way of a cheque sent to your declared place of business or last known residence (whichever is most appropriate).
15.4. Once this User Agreement is terminated, we shall provide you with some limited access to the Platform including your User Account for a 7 day period so you can download any User Information relating to Purchase Requests made or Receivables Purchase Agreements entered into by you. Once that 7 day period has expired you will no longer be allowed access to your User Account and the Platform shall be terminated. We will have further no duty to store or furnish you with access to any Information relating to your activity on the Platform.
16.1. If you wish to complain about us you may email firstname.lastname@example.org, listing a brief summary of your complaint alongside your account number. Our staff shall email acknowledging your complaint within one Business Day (a “Business Day”, used throughout this User Agreement, refers to any day (excluding Saturdays and Sundays) where clearing banks are open for business in London). We shall then proceed to investigate and will send you an initial response once we’ve had access to an officer holding the authority to resolve the complaint (including, if appropriate, a redress offer). If appropriate, the investigative member of staff shall not be a staff member who was directly involved in the matter of the complaint. This will normally take no longer than five Business Days, but the majority of complaints could be resolved by End of Day on the Business Day following receipt of the complaint. Should the complaint not be resolved by End of Day on the Business Day following the receipt of complaint, we will send you a copy of our complaints handling procedure. If you are unsatisfied with our response, you are obliged to contact our Client Services Manager, who has five further days in which to respond via email.
16.2. In the case that you are dissatisfied with the response our Customer Platforms Manager gives you, you can email email@example.com, attaching the prior responses you have received. Your email will then be referred to our Chief Operating Officer, who will respond via email within a further and final five Business Days.
16.3. We will either send you a final response or a response which explains why we are unable to resolve the complaint and offering you a timeframe in which we will make further contact. You will be furnished with this within five working days.
17.1. Unless otherwise expressly stated within this User Agreement, any written communication may be sent via post to the last postal address which we hold for you or you hold for us. Alternatively, we will email the last email address you provided or we provided to you.
17.2. Communications sent:
17.2.a. via post shall be considered received by you three Business Days after they are posted;
17.2.b. via email shall be treated as received as soon as they are sent, so long as we do not receive a message of failure to send or non-receipt.
17.3. If allowed to do so by Applicable Law, we may communicate with you by sending Information to your User Account or via the Platform. In this case the Information shall be considered to be received by you once it is posted by us.
17.4. Any communication you send to us shall be considered to be received only upon actual receipt by us.
18.1. Allowing for the provisions of Clause 9 (Fees), we can amend this User Agreement as long as we give you notice via your User Account and the Platform.
18.2. We shall only make changes:
18.2.a. if we believe that a change shall make this User Agreement more comprehensible and equally favourable to you;
18.2.b. in order to introduce new technology or systems;
18.2.c. to introduce new services or products;
18.2.d. to apply changes mandatory to Applicable Law.
18.3. We shall furnish you with 30 days’ notice of any change with the exception of changes which we consider a requirement under Applicable Law. If you are unhappy with changes to this User Agreement, you can terminate this User Agreement, conforming with Clause 15.
19.1. This User Agreement is provided in English. All communications (including but not limited to any documentation or communications passing between all or part of us prior to entering into a contract) shall be provided in English.
19.2. No third party has any rights to enforce any of the terms of this contract, under the Contracts (Rights of Third Parties) Act 1999. No part of this User Agreement is intended to bequeath any benefit on any person who is not party to the Agreement.
19.3. Should any part of this User Agreement be demonstrated to be invalid, illegal or unenforceable by any court of capable jurisdiction or regulatory authority, the other parts of this agreement shall continue in in all parts and effects regardless. No delay or failure in operating any power, right or remedy and no partial or single exercise by either you or by us shall aggregate a waiver by us of, or prevent any future exercise of, each and every power, right or remedy accounting under this User Agreement or otherwise.
19.4. The specifications of the User Agreement are particular to you. You shall not be allowed to allocate or transfer all or any of your rights and duties under this User Agreement.
19.5. We can transfer our various rights and duties under this User Agreement.
19.6. All records held by us in the Platform will be unambiguous in the facts and issues they record, unless in the case of a clear mistake.
19.7. English law presides over this User Agreement and the courts of England and Wales have unconfined jurisdiction to settle disputes arising from the Agreement, as long as, should you breach this User Agreement in your country of residence or any other country, we retain the right to bring proceedings against you.
1. “Kuflink”, “we”, “us”, “our” refers to Kuflink Ltd.
2. “Kuflink Group” refers to us, our holding companies, our subsidiaries, and any subsidiaries of our aforementioned holding companies within the United Kingdom.
3. “You” and “your” refers to a user of our website and a user of the services we provide through it.
1. We may collect information from you through our application and verification process, when you access this website, browse this website, submit personal information to this website through data entry fields and through your continual use of this website. This extracted information may include:
1.1. Your name.
1.2. Your current and previous addresses.
1.3. Your phone, fax and email details.
1.4. Your date of birth.
1.5. Your passwords and answers to security questions that have beensubmitted on our website.
1.6. The comments you make on discussion forums and blogs on our website.
1.7. Email or post correspondence with Kuflink.
2. We may also collect
2.1. Financial information that has been used in relation to our services such as bank or building society account details and debit cards.
2.2. Sensitive information, such as any medical information you disclose – we will always ask for specific permission to record this type of information.
2.3. Information you have provided in our registration or application process including the following: whether you are a borrower, investor or agent, any personal, identity, contact and financial information regarding directors, partners, members, shareholders, beneficial owners and guarantors.
2.4. Your IP address, your operating system and your browser types and other data regarding your activity on theKuflink website and other interactions. Please see our Cookies Policy below for further information regarding this.
3. We withhold the right to gather information about you from third parties; we may obtain information from marketing databases, commercial databases, tracing agents, insolvency practitioners, debt advisors, fraud pretention agencies, credit reference agencies and other publically available information sources, including information regarding your business or company – these may be previous credit applications, fraud prevention information, electoral register and personal credit information.
4. We will record any false or inaccurate information that we perceive to be fraud.
5. If false or inaccurate information is provided and fraud has been identified, we will pass on any relevant information to fraud prevention agencies.
1. The information that you give us will be used to provide you with: information that we believe to be of interest to you, information and services that you request from us, and other legitimate business purposes. Therefore, it will be used in the assessment of tour application, opening and maintain accounts, verifying your identity and transferring or receiving money. If you are a borrower, we will additionally use your information when enforcing loan provisions or tracing you in the case of a default.
2. We may also use your information to contact you about services and products that we believe to be of interest to you, and may provided your details to carefully selected third parties for the same purpose, if you have consented for us to do so.
3. To prevent fraud and money laundering, Kuflink and other organisations may also access and use this information to:
3.1. Check details on applications for credit and credit related accounts or other facilities.
3.2. Manage credit and credit related accounts or other facilities.
3.3. Recover debt.
3.4. Check details of employees and job applicants.
3.5. Check details on proposals and claims for all types of insurance.
4. We, and other organisations, withhold the right to access and use information from other countries recorded by fraud prevention agencies.
5. For the purpose of calculating referral frees, reporting purposes, and aggregate statistics, we may also collect data about those visiting our website. However, this data will remain anonymised, thus no single individual will be identifiable from the information we collect or disclose.
1. We may share the information you provide with the Kuflink Group and our selected service providers.
2. If you have consented us to do so or if we are under legal, regulatory or professional obligation to do so, we may share your information with selected third parties.
3. We may disclose information to successors of the business where we merge, reorganise, or transfer all of part of our business.
1. If you have provided us with information about other people, e.g. directors, partners, members, shareholders or beneficial owners other than yourself, you have confirmed that:
1.1.They have consented for you to provide us with this information.
1. If a Credit Reference Agency receives a search from us, they will:
1.1. Place a credit search “footprint” on your company credit file, regardless to whether your application proceeds. The record of the search may be seen by other organisations when your business applies for credit in the future if the search was for a credit application. However, the name of the organisation that carried it out will not be visible.
1.2. Place enquiry searches; enquiry searches will be placed on the personal credit card files of any director, owner, or partner, and associate searches will be placed on your financial partner’s personal credit card file. These enquiry searches will not be visible to any other organisation if any director, owner, or partner applies for credit in the future.
1.3. Link together the previous and subsequent names, advised by you, of anyone who is a party to the said account.
1.4. Place an identification or enquiry search on the record of any shareholder who is a beneficial owner, and who we have previously checked.
1.5. If there is not one already, produce records of the name and the address of your business and its proprietors.
2. Credit Reference Agencies provide us with the following information:
2.1. Information regarding your company or business: previous credit applications and the conduct of this account and personal credit information that is in your name, and in the name of your business partner/s.
2.2. County Court Judgements and bankruptcies and other public information
2.3. You, and your business partner’s, electoral information
2.4. Fraud protection information
2.5. Confirmation that the addresses on the restricted register held at Companies House (under section 243 of the Companies Act) match those residential addresses provided by the directors. Or that the residential addresses match those on the credit reference agency’s proprietary business directory.
3. Records of outstanding debt, whether it was settled or defaulted will remain on the credit reference agency files for six years after they are closed.
4. Credit reference agencies will not use your information to create a blacklist, or to make a decision.
5. The information received by credit reference agencies and fraud prevention agencies from us and other agencies in regards to you, your business partners and details about your business may be supplied by the aforementioned agencies to other organisations and used by them to:
5.1. Prevent fraud, money laundering, and crime by checking details provided on applications for credit and credit related accounts or other facilities.
5.2. Check credit and credit related accounts’ operations.
5.3. If you or your business partner applies for other facilities, this information will be used to verify your identity.
5.4. Use the information about you and/or your business partner or your business to make decisions on credit and credit related services.
5.5. Manage your personal, your business partner’s, and your business’s credit or credit related services.
5.6. If you owe debt, this information may be used to trace your whereabouts and recover any debt.
5.7. This information may be used to conduct other checked to prevent or detect fraud.
5.8. This information may be used for statistical analysis and system testing.
5.9. The information recorded by fraud prevention agencies may be accessed by organisations in other countries.
1. You retain all your rights to access your information that we hold.
2. Please contact us if you would like to request a copy of the information or change the information we hold about you.
1. Cookies are data files placed on your computer by this website in order to collect personal information about you/
1. These are the cookies we use on our website:
1.1. Necessary cookies: these cookies are required for the overall operation of our website. These include cookies that enable secure log ins, and do not collect information about you that could be used for marketing purposes.
1.2. Analytical cookies: these cookies allow us to collect information in regards to how you browse and use our website, allowing us to note glitches and errors. These cookies only collect anonymous data, and are only used to help us improve the way our website works, to see what interests our uses, and to measure how effective our advertising is.
1.3. Functionality cookies: these cookies have the ability to recognise each user when they return to the site, enabling us to personalise content, greet you by name and remember your personalised preferences.
2. Necessary operational cookies expire once you have left our site. Other cookies may be more permanent unless you actively delete them.
1. You are able to change your web browser settings if you wish to reject any of the cookies that we use.
1. We accept no liability if communications are intercepted by third parties, incorrectly delivered, or not delivered as we take all the appropriate technical and organisational measure to ensure we have safeguarded the personal information that you have provided for us.
1. If you wish to opt-out of receiving promotional emails from Kuflink Limited, follow the instructions included at the bottom of the emails.
2. If you wish to change your permissions regarding our ability to share your information to our selected third party organisations for our operational purposes or their marketing purposes, please email firstname.lastname@example.org
3. Opt-out requests do not apply to transactional service messaging and messages about your current Kuflink Limited services