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Terms and conditions of use
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  Empowered Finance Limited,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  Empowered Finance Limited  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  Empowered Finance Limited  and accessing the Website in connection with the provision of such services.
Intellectual property and acceptable use
1.   All Content included on the Website, unless uploaded by Users, is the property of  Empowered Finance Limited,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. Â Â You may, for your own personal, non-commercial use only, do the following:
a.  retrieve, display and view the Content on a computer screen
b.  print one copy of the Content
3.   You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  Empowered Finance Limited.Â
Prohibited use
4. Â Â You may not use the Website for any of the following purposes:
a.  in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b.  in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c.  making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5.   This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  Empowered Finance Limited  or that of our affiliates.
6. Â Â We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. Â Â The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
8.   Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.empowered.finance/policies and www.empowered.finance/policies.
Availability of the Website and disclaimers
9.   Any online facilities, tools, services or information that  Empowered Finance Limited  makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Empowered Finance Limited  is under no obligation to update information on the Website.
10.        Whilst  Empowered Finance Limited  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11.         Empowered Finance Limited  accepts no liability for any disruption or non-availability of the Website.
12.         Empowered Finance Limited  reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
13. Â Â Â Â Â Â Â Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. Â Â Â Â Â Â Â We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15.        To the maximum extent permitted by law,  Empowered Finance Limited  accepts no liability for any of the following:
a.  any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b.  loss or corruption of any data, database or software;
c.  any special, indirect or consequential loss or damage.
General
16. Â Â Â Â Â Â Â You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. Â Â Â Â Â Â Â These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
18.        These terms and conditions    together with the Privacy Policy and Cookies Policy  contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
19.        The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. Â Â Â Â Â Â Â If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
21. Â Â Â Â Â Â Â Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
22.        This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
 Empowered Finance Limited  details
23.        Empowered Finance Limited is a company incorporated in England and Wales with registered number 11935464 whose registered address is Glove Factory Studios, 1 Brook Lane, Holt, Wiltshire, BA14 6RL and it  operates the Website www.empowered.finance.  The registered VAT number is 321792116.Â
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You can contact Empowered Finance Limited by email on mike@empowered.finance.
Privacy policy
This privacy policy applies between
you, the User of this Website and Empowered
Finance Limited, the owner and provider of this Website. Empowered Finance Limited takes the
privacy of your information very seriously. This privacy policy applies to our
use of any and all Data collected by us or provided by you in relation to your
use of the Website.
This privacy policy should be read
alongside, and in addition to, our Terms and Conditions, which can be found
at: www.empowered.finance/policies.
Please read this privacy policy carefully.
Definitions
and interpretation
1.
In this privacy policy, the
following definitions are used:
Data |
collectively
all information that you submit to Empowered Finance Limited via the
Website. This definition incorporates, where applicable, the definitions
provided in the Data Protection Laws; |
Cookies |
a
small text file placed on your computer by this Website when you visit
certain parts of the Website and/or when you use certain features of the
Website. Details of the cookies used by this Website are set out in the
clause below ( Cookies); |
Data Protection Laws |
any
applicable law relating to the processing of personal Data, including but not
limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR,
and any national implementing laws, regulations and secondary legislation,
for as long as the GDPR is effective in the UK; |
GDPR |
the
General Data Protection Regulation (EU) 2016/679; |
Empowered Finance Limited, |
Empowered Finance Limited, a company
incorporated in England and Wales with registered
number 11935464 whose registered office is at Glove Factory
Studios, 1 Brook Lane, Holt,
Wiltshire, BA14 6RL; |
UK and EU Cookie Law |
the
Privacy and Electronic Communications (EC Directive) Regulations 2003 as
amended by the Privacy and Electronic Communications (EC Directive)
(Amendment) Regulations 2011; |
User or you |
any
third party that accesses the Website and is not either (i) employed by Empowered Finance Limited and
acting in the course of their employment or (ii) engaged as a consultant or
otherwise providing services to Empowered
Finance Limited and accessing the Website in connection with the
provision of such services; and |
Website |
the
website that you are currently using, www.empowered.finance, and any
sub-domains of this site unless expressly excluded by their own terms and
conditions. |
2.
In this privacy policy, unless the context requires a different
interpretation:
a.
the singular includes the plural
and vice versa;
b.
references to sub-clauses,
clauses, schedules or appendices are to sub-clauses, clauses, schedules or
appendices of this privacy policy;
c.
a reference to a person
includes firms, companies, government entities, trusts and partnerships;
d.
“including” is
understood to mean “including without limitation”;
e.
reference to any statutory
provision includes any modification or amendment of it;
f.
the headings and sub-headings
do not form part of this privacy policy.
Scope of
this privacy policy
3.
This privacy policy applies
only to the actions of Empowered
Finance Limited and Users with respect to this Website. It does not
extend to any websites that can be accessed from this Website including, but
not limited to, any links we may provide to social media websites.
4.
For purposes of the applicable
Data Protection Laws, Empowered
Finance Limited is the “data controller”. This means
that Empowered Finance Limited determines
the purposes for which, and the manner in which, your Data is processed.
Data collected
5.
We may collect the following
Data, which includes personal Data, from you:
a.
name;
b.
job title;
c.
contact Information such as
email addresses and telephone numbers;
d.
IP address (automatically
collected);
e.
web browser type and version
(automatically collected);
f.
operating system (automatically
collected);
in each case, in accordance with
this privacy policy.
How we
collect Data
6.
We collect Data in the
following ways:
a.
data is given to us by
you ; and
b.
data is collected
automatically.
Data that
is given to us by you
7.
Empowered Finance Limited will
collect your Data in a number of ways, for example:
a.
when you contact us through the
Website, by telephone, post, e-mail or through any other means;
b.
when you elect to receive
marketing communications from us;
in each case, in accordance with
this privacy policy.
Data that
is collected automatically
8.
To the extent that you access
the Website, we will collect your Data automatically, for example:
a.
we automatically collect some
information about your visit to the Website. This information helps us to make
improvements to Website content and navigation, and includes your IP address,
the date, times and frequency with which you access the Website and the way you
use and interact with its content.
b.
we will collect your Data automatically
via cookies, in line with the cookie settings on your browser. For more
information about cookies, and how we use them on the Website, see the section
below, headed “Cookies”.
Our use of
Data
9.
Any or all of the above Data
may be required by us from time to time in order to provide you with the best
possible service and experience when using our Website. Specifically, Data may
be used by us for the following reasons:
a.
internal record keeping;
b.
improvement of our products /
services;
c.
transmission by email of
marketing materials that may be of interest to you;
in each case, in accordance with
this privacy policy.
10.
We may use your Data for the
above purposes if we deem it necessary to do so for our legitimate interests.
If you are not satisfied with this, you have the right to object in certain
circumstances (see the section headed “Your rights” below).
11.
For the delivery of direct
marketing to you via e-mail, we’ll need your consent, whether via an opt-in or
soft-opt-in:
a.
soft opt-in consent is a
specific type of consent which applies when you have previously engaged with us
(for example, you contact us to ask us for more details about a particular
product/service, and we are marketing similar products/services). Under
“soft opt-in” consent, we will take your consent as given unless you
opt-out.
b.
for other types of e-marketing,
we are required to obtain your explicit consent; that is, you need to take
positive and affirmative action when consenting by, for example, checking a
tick box that we’ll provide.
c.
if you are not satisfied about
our approach to marketing, you have the right to withdraw consent at any time.
To find out how to withdraw your consent, see the section headed “Your
rights” below.
Keeping
Data secure
12.
We will use technical and organisational
measures to safeguard your Data, for example:
a.
access to your account is
controlled by a password and a user name that is unique to you.
b.
we store your Data on secure
servers.
13.
Technical and organisational
measures include measures to deal with any suspected data breach. If you
suspect any misuse or loss or unauthorised access to your Data, please let us
know immediately by contacting us via this e-mail address: mike@empowered.finance.
14.
If you want detailed
information from Get Safe Online on how to protect your information and your
computers and devices against fraud, identity theft, viruses and many other
online problems, please visit www.getsafeonline.org. Get Safe Online is
supported by HM Government and leading businesses.
Data
retention
15.
Unless a longer retention
period is required or permitted by law, we will only hold your Data on our
systems for the period necessary to fulfil the purposes outlined in this
privacy policy or until you request that the Data be deleted.
16.
Even if we delete your Data, it
may persist on backup or archival media for legal, tax or regulatory purposes.
Your
rights
17.
You have the following rights
in relation to your Data:
a.
Right to access – the right
to request (i) copies of the information we hold about you at any time, or (ii)
that we modify, update or delete such information. If we provide you with
access to the information we hold about you, we will not charge you for this,
unless your request is “manifestly unfounded or excessive.” Where we
are legally permitted to do so, we may refuse your request. If we refuse your
request, we will tell you the reasons why.
b.
Right to correct – the right
to have your Data rectified if it is inaccurate or incomplete.
c.
Right to erase – the right
to request that we delete or remove your Data from our systems.
d.
Right to restrict our use of your Data – the right to “block” us from using your Data or
limit the way in which we can use it.
e.
Right to data portability –
the right to request that we move, copy or transfer your Data.
f.
Right to object – the right
to object to our use of your Data including where we use it for our legitimate
interests.
18.
To make enquiries, exercise any
of your rights set out above, or withdraw your consent to the processing of
your Data (where consent is our legal basis for processing your Data), please
contact us via this e-mail address: mike@empowered.finance.
19.
If you are not satisfied with
the way a complaint you make in relation to your Data is handled by us, you may
be able to refer your complaint to the relevant data protection authority. For
the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact
details can be found on their website at https://ico.org.uk/.
20.
It is important that the Data
we hold about you is accurate and current. Please keep us informed if your Data
changes during the period for which we hold it.
Links to
other websites
21.
This Website may, from time to
time, provide links to other websites. We have no control over such websites
and are not responsible for the content of these websites. This privacy policy
does not extend to your use of such websites. You are advised to read the
privacy policy or statement of other websites prior to using them.
Changes of
business ownership and control
22.
Empowered Finance Limited may,
from time to time, expand or reduce our business and this may involve the sale
and/or the transfer of control of all or part of Empowered Finance Limited. Data provided
by Users will, where it is relevant to any part of our business so transferred,
be transferred along with that part and the new owner or newly controlling
party will, under the terms of this privacy policy, be permitted to use the
Data for the purposes for which it was originally supplied to us.
23.
We may also disclose Data to a prospective
purchaser of our business or any part of it.
24.
In the above instances, we will
take steps with the aim of ensuring your privacy is protected.
Cookies
25.
This Website may place and
access certain Cookies on your computer. Empowered Finance Limited uses
Cookies to improve your experience of using the Website. Empowered Finance Limited has
carefully chosen these Cookies and has taken steps to ensure that your privacy
is protected and respected at all times.
26.
All Cookies used by this
Website are used in accordance with current UK and EU Cookie Law.
27.
Before the Website places
Cookies on your computer, you will be presented with a message bar requesting
your consent to set those Cookies. By giving your consent to the placing of
Cookies, you are enabling Empowered
Finance Limited to provide a better experience and service to you.
You may, if you wish, deny consent to the placing of Cookies; however certain
features of the Website may not function fully or as intended.
28.
This Website may place the
following Cookies:
Type of Cookie |
Purpose |
Strictly
necessary cookies |
These
are cookies that are required for the operation of our website. They include,
for example, cookies that enable you to log into secure areas of our website,
use a shopping cart or make use of e-billing services. |
Analytical/performance
cookies |
They
allow us to recognise and count the number of visitors and to see how
visitors move around our website when they are using it. This helps us to
improve the way our website works, for example, by ensuring that users are
finding what they are looking for easily. |
Functionality
cookies |
These
are used to recognise you when you return to our website. This enables us to
personalise our content for you, greet you by name and remember your preferences
(for example, your choice of language or region). |
29.
You can find a list of Cookies that we use in the Cookies Schedule.
30.
You can choose to enable or
disable Cookies in your internet browser. By default, most internet browsers
accept Cookies but this can be changed. For further details, please consult the
help menu in your internet browser.
31.
You can choose to delete
Cookies at any time; however you may lose any information that enables you to
access the Website more quickly and efficiently including, but not limited to,
personalisation settings.
32.
It is recommended that you
ensure that your internet browser is up-to-date and that you consult the help
and guidance provided by the developer of your internet browser if you are
unsure about adjusting your privacy settings.
33.
For more information generally
on cookies, including how to disable them, please refer to aboutcookies.org.
You will also find details on how to delete cookies from your computer.
General
34.
You may not transfer any of
your rights under this privacy policy to any other person. We may transfer our
rights under this privacy policy where we reasonably believe your rights will
not be affected.
35.
If any court or competent
authority finds that any provision of this privacy policy (or part of any provision)
is invalid, illegal or unenforceable, that provision or part-provision will, to
the extent required, be deemed to be deleted, and the validity and
enforceability of the other provisions of this privacy policy will not be
affected.
36.
Unless otherwise agreed, no
delay, act or omission by a party in exercising any right or remedy will be
deemed a waiver of that, or any other, right or remedy.
37.
This Agreement will be governed
by and interpreted according to the law of England and Wales. All disputes arising
under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to
this privacy policy
38.
Empowered Finance Limited reserves
the right to change this privacy policy as we may deem necessary from time to
time or as may be required by law. Any changes will be immediately posted on
the Website and you are deemed to have accepted the terms of the privacy policy
on your first use of the Website following the alterations.
You may contact Empowered Finance Limited by email
at mike@empowered.finance.