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Last Revised: August 28, 2022
Welcome to Finblu, an online sanctions compliance tool provider designed for businesses, professionals and organisations.
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR SERVICE. By accessing or using the site or services, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to these terms, do not use the site or any services.
The Terms and Conditions (“Terms”) apply to your access to, and use of, the site or services of Finblu Ltd residing at 86-90 Paul Street, London, United Kingdom, EC2A 4NE with company registration number 13285664 (“Finblu”, “we”, “our” or “us”), including www.finblu.co.uk together with all other materials (or websites, mobile applications and services operated by or on behalf of Finblu (collectively, the “Services”).
By accessing or using the Services you agree to be bound by the Terms and all additional terms and conditions incorporated by reference (this “Agreement”). These Terms apply to all users of the Services, without limitation. If you do not agree to the Terms, then do not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
By using or accessing the Services, you agree to comply with all applicable laws, rules and regulations in connection with your use of any or part of the Services, the Finblu Materials or any content made available therein.
We reserve the right to update, change or replace any part of these Terms at any time without specific notice to you. We will change the “Last Revised” date at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Any new features or tools, which may be added to the Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.
By accessing or using the Services you affirm that you have not been suspended from the Services. You affirm that you will not use the Services if the laws of your jurisdiction prohibit you from doing so in accordance with these Terms.
Please refer to our Privacy Policy for information about how Finblu processes personal information.
Unless otherwise indicated all content as well as all copyrights, including without limitation, the Finblu logo and designs, text, documents, data, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content and the selection and arrangement thereof (collectively, the “Finblu Materials”) are the property of Finblu or its licensors or users and are protected by UK and international copyright laws.
Subject to these Terms, you are granted a limited, non-sublicensable licence to access and use the Services. Except as expressly permitted, in these Terms or otherwise in writing by Finblu, such licence does not include:
1
modifying or otherwise making any derivative uses of the Services and the Finblu Materials, or any portion thereof;
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any resale or sublicense of the Services or Finblu Materials;
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the distribution, public performance or public display of any Finblu Materials;
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use of any data mining, robots or similar data gathering or extraction methods;
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disabling, damaging or altering the functioning or appearance of the Services;
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"framing" or "mirroring" any part of the Services;
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reverse engineering, disassembling, or decompiling the Services or applying any other process or procedure to derive the source code of any software included in the Services; or
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any use of the Service other than for its intended purpose.
Any use of the Services or the Finblu Materials other than as specifically authorised herein, without the prior written permission of Finblu, is strictly prohibited and will terminate the licence granted herein. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any licence to intellectual property right, whether by implication or otherwise.
The Services may include interactive areas or features (collectively, “Interactive Areas”) in which you or other users may create, post, send or store messages, information, data, text, links, or other information (collectively “User Content”). By using the Interactive Areas, you agree not to create, post, send or store any of the following:
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User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
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User Content that could infringe any copyright, trademark, tradesecret, patent or other intellectual or proprietary right of any party;
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User Content that is unlawful, defamatory[c], obscene, pronographic, indecent, suggestive, harassing, threatening, abusive, fraudulent, false, misleading or otherwise objectionable;
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Viruses, corrupted data or other harmful, disruptive or destructive files; or
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User Content that, in the sole judgement of Finblu, is objectionable or which inhibits or restricts any other user from enjoying the Interactive Areas, the Services, or that which may expose us, to any harm or liability of any type.
By posting, uploading or transmitting an User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
Finblu does not control, take responsibility for or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Finblu is not liable for any user conduct or mistakes, defamation, obscenity, pornography or profanity you may encounter.
Except as otherwise provided herein, on the Services or in a separate agreement, Finblu claims no ownership or control over any User Content. We may, in appropriate circumstances and at our discretion, suspend or terminate users' use of or access to the Services who infringe the intellectual property rights of others.
By participating in the Interactive Areas, you understand that certain information and content you choose to post may be displayed to select users. You are solely responsible for your use of the Services and the Interactive Areas and use them at your own risk.
To access some of the Services you will have to register for an account. By registering you understand and agree to the following:
1
you are responsible for all activities that occur under your account, regardless of whether the activities are authorised by you or undertaken by you, your employees or a third party;
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Finblu or our affiliates are not responsible for unauthorised access to your account;
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you are responsible for properly configuring and using the Services and otherwise taking the appropriate action to secure, protect and backup your accounts and any User Content;
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the Services do not generally store User Content results generated, you are therefore required to store results independently should you require any such evidence;
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you may never share your account username, password, or knowingly provide or authorise access to your account;
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you may never use another user’s account;
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we reserve the right to limit the frequency of accessing certain features if your usage exceeds account usage allowance;
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you will provide and maintain accurate and complete information regarding account details throughout your use of the Services; and
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you will be liable for any use made of your account or password and the losses of Finblu or others due to such unauthorised use.
Any use of the Services in violation of these Terms may result in, among other things, the suspension or termination of your rights to use or to access the Services or any portion thereof.
Our subscription plans typically have both a fixed cost and variable usage cost component. The fixed cost component provides access to the services while typically also allowing for a set usage profile. We calculate and bill fees and charges in line with the subscription term length agreed on your account page. Any usage above the set usage allowance will be billed on a monthly basis.
All fees and charges are due within 30 days of the date of all invoices. We may change billing frequency if the activity of your account moves above your account usage allowance. All amounts payable by you under these Terms will be paid to us without setoff or counterclaim, and without any deduction or withholding.
There will be no refund or credit for any part of a subscription term. Fees are chargeable and shall be payable until an account is terminated, even if you never use the Services.
If you upgrade from a free account to a fee paying account the trial period will end and your paid subscription will start. Your first fees and charges for the fixed cost component will be invoiced at the time of such upgrade.
All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases made under these Terms, except when Finblu is legally obliged to pay or collect Taxes for which you are responsible.
Finblu reserves the right to revise or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We may elect to charge you interest at a rate of 5% per month (or the highest rate permitted by law, if less) on all late payments.
The duration of any subscription to the Services offered (the “Term”) will commence from the date of registration of the subscription and will remain in effect until the end of the subscription period chosen on the account page. Subscriptions are automatically renewed for an equal Term until terminated under this Section.
We reserve the right to suspend your account upon notice to you.
Termination of this Agreement for convenience:
1
You may terminate this Agreement by using the termination feature on your account page on the Services or via email to us. Emails to us regarding termination are to be directed to billing@finblu.co.uk. The date on which the termination takes effect (the, “Termination Date”) shall be at the end of the current Term provided that termination through your account page occurs before the next Term begins or if terminating by email within 5 working days of the next Term beginning; or
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We may terminate this Agreement by providing you with at least 30 days’ advance notice.
Termination of this Agreement for cause:
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Either party may terminate this Agreement for cause and/or and/or if the other party is in material breach of this Agreement.
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We may also terminate this Agreement immediately upon notice to you:
a
if our relationship with a third-party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services; or
b
in order to comply with the law or requests of governmental entities.
Upon Suspension or Termination the following is applicable:
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you will no longer have access to or use of the Services;
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you remain responsible for all fees and charges you have incurred throughout the subscription period;
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you will immediately return or, if instructed by us, destroy all Finblu Materials in your possession; and
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Section "Survival" will continue to apply in accordance with its terms.
Finblu and its users may provide you with access to third party content or tools (collectively, the “Third Party Content”) on the Services and may provide links to web pages and content that is not owned or controlled by us as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and will make no representation or warranties of any kind regarding its accuracy and completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content.
Users use such Third Party Content entirely at their own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not responsible or liable for any loss or damages of any sort incurred related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Content. Your business dealings or correspondence with any third parties, and any terms, conditions, representations or warranties associated with such dealings are solely between you and such third parties. We recommend you carefully review the third party's policies and terms and make sure you understand them before you engage in any transaction.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas or other information, regarding Finblu or the Services (collectively, the Feedback) provided by you can be used by us without restriction. You hereby irrevocably assign to us all exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You agree to defend, indemnify and hold harmless Finblu, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Finblu provides no guarantee as to the performance or the uninterrupted availability of the Services or the Finblu Materials. The Services and Finblu Materials are (except as expressly stated by us) provided on an “as is” and “as available” basis without any representation, warranties or conditions of any kind, either express or implied. Finblu disclaims all warranties, express or implied, without limitation, conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement as to the Services and the information, content and materials contained therein.
Finblu does not represent or warrant that the Finblu Materials or the Services are accurate, complete, reliable, current or error-free. While Finblu attempts to make your access and use of the Services safe, Finblu cannot and does not represent or warrant that the Services or its server(s) are free of viruses or other harmful components; therefore you should use industry recognised software to detect and disinfect viruses from any download.
Finblu does not represent or warrant that the Finblu Materials or the Services are accurate, complete, reliable, current or error-free. While Finblu attempts to make your access and use of the Services safe, Finblu cannot and does not represent or warrant that the Services or its server(s) are free of viruses or other harmful components; therefore you should use industry recognised software to detect and disinfect viruses from any download.
Finblu provides no guarantee as to the performance or the uninterrupted availability of the Services or the Finblu Materials. The Services and Finblu Materials are (except as expressly stated by us) provided on an “as is” and “as available” basis without any representation, warranties or conditions of any kind, either express or implied. Finblu disclaims all warranties, express or implied, without limitation, conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement as to the Services and the information, content and materials contained therein.
Finblu does not represent or warrant that the Finblu Materials or the Services are accurate, complete, reliable, current or error-free. While Finblu attempts to make your access and use of the Services safe, Finblu cannot and does not represent or warrant that the Services or its server(s) are free of viruses or other harmful components; therefore you should use industry recognised software to detect and disinfect viruses from any download.
Finblu reserves the right to change or remove features of the Services or parts thereof temporarily or permanently at any time and we will notify users on a best effort basis.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Finblu.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
You understand that use of the Services does not imply any advice to act or not act in any way. You agree that no outcome or information obtained by use of or inability of use of the Services constitutes a recommendation that any particular transaction is deemed to be in accordance with sanctions legislation and is suitable or recommended. You understand that carrying out any activities or behaving in a certain way is subject to a number of risks, and that the Services does not mention any risk factors. Should you be unsure you should consult a professional for assistance.
You understand that the Services uses third party data sources for which we are not responsible or liable for.
In no event will Finblu, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of use, loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether in an action in contract, tort (including but not limited to negligence), strict liability or otherwise, arising from the use of or inability to use the Services, the Finblu Materials or the content or the materials contained in or accessed through the Services including, but not limited to, any damages caused by or resulting from the reliance by the user on any information obtained from Finblu, or that result from mistakes, errors, omissions, interruptions, deletion of files or emails, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Force Majeure Event (see section, Force Majeure) theft, destruction, communications failure, or unauthorised access to Finblu’s records, programs or Services. In no event will the aggregate liability of Finblu, whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services exceed any amounts paid to Finblu for access to or use of the Services. Furthermore In no event will the aggregate liability of Finblu, whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services exceed amounts covered Finblu insurance.
We reserve the right to modify or discontinue, temporarily or permanently, the Services, the Finblu Materials or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
We will endeavour to make the Services available to the users without interruption. Some unavailability of the tool is to be expected during maintenance or upgrade activities of which we will endeavour to notify users in advance, however we shall not be liable for the simple fact that for any reason the Services are unavailable at any time or for any period.
We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined in Section 16 Force Majeure).
In case of any consolidation or merger of Finblu with or into another corporation (other than a consolidation or merger in which Finblu is the continuing corporation), or in case of any sale or conveyance to another corporation of the property of Finblu, as substantially as, an entirety (other than a sale/leaseback, mortgage or other financing transaction), or any change of name or other transfer of securities of Finblu resulting in a change of control (voting, management, board or otherwise) of Finblu, the terms and provisions in these Terms shall remain effective in relation to Finblu, or its legal successors, subsidiaries and affiliates.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of public or private telecommunications networks or the serious disruption thereof; or (e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues. We will, within reason, endeavour to bring the Force Majeure Event to an end or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The Terms and use of the Services will be governed and construed in accordance with the laws of the United Kingdom. You and Finblu agree to submit to the personal and exclusive jurisdiction of London, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
These terms, together with all Finblu policies referred to herein, constitutes the entire agreement between you and Finblu relating to your use of our Services.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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