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Terms and Conditions

1. Welcome to www.gfaexchange.com. These are our Terms of Use ("Terms")
1.1 GFA Exchange is a licence-based and monthly subscription service provided by Growth Finance Analytics Limited t/a GFA Exchange ("us", "we") at www.gfaexchange.com ("GFA Exchange"). GFA Exchange is an artificial intelligence engine that allows businesses to measure the performance and profitability of their customers and clients, through the analysis of financial metrics, and benchmarking and performance scoring.
Users of GFA Exchange include:
a) a person or organisation who holds a GFA Exchange so they can provide access to their client’s data securely, perform financial metric benchmarking and receive tailored business results and insights (a "Client/Partner");
b) customers of a Client, who provide data to formulate business and performance insight ("Users");
c) partners or advisers (such as banks, accountants, franchisors or industry bodies) who use GFA Exchange to upload and analyse industry and network data and/or Client-specific data and/or data relating to their clients (where permitted to do so) ("Stakeholders"); and
1.2 These Terms apply to use of GFA Exchange by Clients, Users, Stakeholders and other users or visitors (each, "you") and any free demonstration or trial of GFA Exchange. By accessing and/or registering with GFA Exchange, you accept and agree to be bound by these Terms. If you do not accept these Terms, you must not use GFA Exchange.
1.3 GFA Exchange collects information provided by Clients and Users, and (after removing any identifying information) provides anonymised financial results and benchmarking marketplace information about various business profiles and industry sectors to all parties.
Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. You should read our Privacy Policy carefully.
2. We can amend these Terms
2.1 We can amend these Terms at any time. Amendments will be effective immediately once posted on ​www.gfaexchange.com​. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use GFA Exchange, you agree to be bound by the Terms as amended (whether or not you have received any amendments).
3. How you should use GFA Exchange
3.1 You agree to use GFA Exchange only in a way that complies with these Terms, all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of GFA Exchange.
3.2 Without limiting clause 3.1, in particular, you agree not to:
a) use GFA Exchange to upload, view, access or retrieve any data or information relating to a person or Client except where (and only to the extent that) you have the permission of that person or Client to do so;
b) submit false or misleading information to GFA Exchange;
c) damage or harm GFA Exchange, or any underlying or connected network or system;

d) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access GFA Exchange or any data, information or content featured on it for any purpose; introduce any viruses, content or code to GFA Exchange that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of GFA Exchange;
e) use GFA Exchange to do anything unlawful, misleading, malicious, or discriminatory; or f) facilitate or encourage any violations of these Terms,
or attempt to do any of the above.
3.3 We are not obliged to monitor your use of GFA Exchange (including any comments made on, or content posted or uploaded to GFA Exchange). However, we may remove, modify or decline to publish, comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms.
3.4 You are responsible for all activity resulting from your use of GFA Exchange. You indemnify GFA Exchange, its subsidiaries, affiliates, officers, agents, representatives, members, principals, employees and partners, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of GFA Exchange or your breach of these Terms.
3.5 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
a) limit your activities on GFA Exchange;
b) issue a warning to you;
c) suspend or cancel your access to GFA Exchange; and/or
d) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms.
4. Fees for using GFA Exchange
4.1 GFA Exchange may offer a Demonstration which provides GFA Exchange service functionality free of charge.
4.2.If you wish to use certain features such as receiving uploading customer and financial data, uploading financial metric data, retrieving insight results, receiving industry data information, comparing your own or your Clients/Customers/Users performance against other Clients/Customer/Users in your industry, or viewing a Clients/Customers/Users business information, then you must create a paid account.(“Paid Plan”).
4.3 We charge monthly and annual licence fees for our GFA Exchange core account plans ("Paid Plan"). We also charge a commission fee informing of lending opportunities agreed.
4.4 The fees charged for our Paid Plans are as set out at ("Fees"). You must provide us with a valid credit card number and/or electronic payment details before you can sign up to a Paid Plan.
4.5 Fees are charged in advance on a monthly or annual basis and are non-refundable dependent upon the chosen plan. An invoice will be emailed to you each time your credit card is charged.

4.6 Fees are subject to change at any time, however we will give you 30 days' notice of Fee changes by posting any changes on ​www.gfaexchange.com​. We will not be liable to you or any third party for any changes to Fees.
4.7 Fees are exclusive of all taxes and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any tax or levy, and any penalties and/or interest.
4.8 If Fees are not paid, all functionality, results and benchmarking information on your account will be suspended. This data will not be deleted immediately but will remain inaccessible until Fees are paid.
4.9 We may cancel your account if Fees remain unpaid 1 month after the date of suspension.
5. Your free trial
5.1 From time to time we may offer you a free trial of our Paid Plans. If you carry out a free trial, the free trial will begin on the day you activate the offer and it will end on the day communicated in our offer to you (the "Free Trial Period").
5.2 At the end of the Free Trial Period, you will need to provide a valid credit card number and/or electronic payment information, in order to continue to use that Paid Plan.
5.3 We can terminate your free trial without reason at any time by giving 7 days’ notice to you.
6. Your account information and access to your account
6.1 You warrant that you have provided complete, accurate and current personal and business information such as your full legal name and email address when registering an account ("Account Information") and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.
6.2 You may grant access to your staff members by creating user accounts for those staff members ("Staff Accounts") with separate login details and may, at any time, restrict staff access to certain features.
6.3 You are responsible for any Staff Accounts created, and must delete the Staff Account if the staff member leaves the organisation. GFA Exchange takes no responsibility for the level of access granted to staff members, or for the deletion of Staff Accounts.
6.4 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. However, you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to GFA Exchange and that we may do so without further enquiry.
6.5 You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.

6.6 You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your Account Information, please contact us here ​support@gfaexchange.com
7. You can upgrade or downgrade your account
7.1 You can upgrade your account from Demonstration to a Paid Annual or Monthly License Plan at any time by following the instruction by GFA Exchange. Your credit card will be charged at the time you request an upgrade, and the upgrade will become effective once payment is received.
7.2 You can downgrade your account from Paid to Demonstration, at any time by following the instruction by GFA Exchange. The downgrade will become effective on the next billing date.
7.3 Downgrading your account may cause the loss of content, features or capacity of your account. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, content, features or capacity.
8. We can both cancel your account.
8.1 You can cancel your account at any time by contacting us via email at support@gfaexchange.com​.
8.2 If you cancel your account before the end of your current prepaid period, your cancellation will take effect at the end of the current prepaid period and you will not be charged again. You will not be entitled to a refund for any fees that you have already paid.
8.3 We reserve the right to decline to register, suspend, modify or cancel your account and your use of GFA Exchange if we consider (in our absolute discretion) that you have breached any of these Terms. If we suspend or cancel your account, you must not create another one without our prior approval. No refund or other credit is payable to you on cancellation unless we agree otherwise.
8.4 All of your data and content may be deleted from our systems or anonymised immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of the cancellation of your account, and it is your responsibility to keep copies of any information that you may wish to retain.
8.5 You agree that you cannot transfer, sell, lease, assign, lend or trade your account without our prior written consent.
9. We own GFA Exchange information, any and all insight generated and all its content
9.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in GFA Exchange, including all of the content of GFA Exchange (such as text, data, graphics, logos, icons and sound recordings), all software code underlying and forming part of GFA Exchange technologies, any data insight, trends, analysis and scoring created and developed, profiles, improvements, enhancements, modifications or adaptations to GFA Exchange.

9.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of GFA Exchange; or
b) commercialise, copy or on-sell any information or materials obtained from any part of GFA Exchange.
9.3 We grant you a non-exclusive, revocable, worldwide licence to use GFA Exchange for its intended purposes.
9.4 We grant you a non-exclusive, revocable, worldwide licence to use GFA Exchange brand, branding or logos as they appear in the reports generated by GFA Exchange. You may not otherwise publish or use GFA Exchange brand, branding or logos without our prior permission.
9.5 In return, you grant to GFA Exchange a non-exclusive, royalty-free, perpetual, irrevocable, transferable licence to use, modify, reproduce, anonymise, transmit, display, exhibit, distribute, index, store, comment on or otherwise exploit the content uploaded for all purposes including, but not limited to, the operation and promotion of GFA Exchange, and any analytical or data aggregation services we provide, provided that where we display or distribute your content to any third party it shall be on an anonymised and aggregated basis and with the permission of the person/s or organisations whom the originating data belongs.
9.5 We will not be liable to you or to any person claiming through you for any exploitation or disclosure of any content submitted or uploaded to GFA Exchange by you or with their permission.
9.5 Any personal information collected from you will only be used in accordance with our Privacy Policy ​(available here).
9.6 GFA Exchange offers the ability for Clients to share their results with selected Partners. In all cases the Client shall retain control over the Partners with whom information is shared.
10. Suspect that intellectual property infringement is occurring on or through GFA Exchange?
10.1 We take intellectual property rights very seriously and we expect you to do the same. You warrant that any content you upload to GFA Exchange does not contain anything which breaches any obligations of confidentiality or proprietary rights of any third party and that you own any intellectual property rights in such content.
10.2 Before you submit or provide content to GFA Exchange, you must ensure that you hold the copyright or are otherwise licensed or authorised to use that content. Before you access, view or retrieve any other person's data or information on or through GFA Exchange, you must ensure you have that person's consent to do so.
10.2 We will investigate all notices of infringement. If you believe that your work has been used, accessed or copied in a way that constitutes infringement and such infringement is occurring on or through GFA Exchange, please contact us here ​support@gfaexchange.com​.
11. We welcome your feedback, but you won't get intellectual property rights as a result
11.1 We welcome your feedback and ideas on how to improve GFA Exchange. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.

12. GFA Exchange links to other services, websites and apps
12.1 GFA Exchange may enable you to access other applications and websites that are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
12.2 Your use of and access to third party applications and websites will be governed by their terms and conditions and privacy policies. When accessing a third-party website or application, we recommend that you read their terms and conditions and privacy policy.
13. GFA Exchange might not always be in final form, with options for continual development
13.1 GFA Exchange is provided on an "as is" and "as available" basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with GFA Exchange, however there may be times when GFA Exchange is inaccessible.
13.2 From time to time, we may issue an update to GFA Exchange which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
13.3 To the maximum extent permitted by law, we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that:
a) GFA Exchange will meet your specific requirements
b) GFA Exchange (or any third party platform with which GFA Exchange connects) will be available, uninterrupted, timely, secure, or error free;
c) the results that may be obtained from the use of GFA Exchange will be accurate or reliable;
d) the quality of any products, services, information or other material purchased or obtained by you through GFA Exchange will meet your expectations;
e) any errors in GFA Exchange will be corrected; or
f) GFA Exchange will continue to connect with any particular third party platform(s), application(s) or website(s).
13.4 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, GFA Exchange.
13.5 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide GFA Exchange services and support.
13.6 The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
13.7 In any event, you agree that GFA Exchange maximum aggregate liability under or in connection with these Terms will not exceed £100 in any circumstances.

14. Information on GFA Exchange should be treated as a guide only
14.1 The information and tools provided on GFA Exchange should not be your only source of information when you are making business decisions. We rely on other people and companies to provide us with information, which may not always be accurate or reliable. In particular, financial metric data and specific business industry data and insight is based on information that other Clients, Partners and third parties give to us. This information should only be treated as a guide.
14.2 We do not warrant the accuracy of any feedback or benchmarks provided on GFA Exchange. Use GFA Exchange as a starting point and then seek independent professional advice where you deem necessary and useful to do so.
15. This is a legal agreement, so some general provisions apply
15.1 These Terms are governed by English law, and you submit to the exclusive jurisdiction of the English courts for any matter or dispute arising in relation to these Terms.
15.2 These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of GFA Exchange.
15.3 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is to be limited or eliminated to the minimum extent, so that these Terms otherwise remain in full effect.
15.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
15.5 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
16. Contact us
16.1 If you have any questions about these Terms, the practices of GFA Exchange, or if you would like to give us feedback or notice, you can contact us on ​support@gfaexchange.com​.

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