Effective Date: 22 April 2022
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Terms of service
1.1. Who we are and how to contact us
Prodigy Finance Limited (“Prodigy Finance”, “we”, “us”, “our”) is incorporated in the United Kingdom (Company Number 05912562) with its registered address at 85 Great Portland Street, London, W1W 7LT, London, W1F 7LD. Prodigy’s main operating address is Hardy House, 16-18 Beak Street W1F 9RD, London, United Kingdom.
Prodigy Finance is authorised and regulated by the UK Financial Conduct Authority (firm registration number 709641) for certain consumer credit activities and for investment activities for investors who have agreed to its terms. Prodigy Finance loans are offered to eligible borrowers who are studying outside of their country of residence and the loans are governed by English law.
We can be contacted by e-mail and telephone.
If you decide to apply for and use any of our Services, the terms set out in Section 2 (Terms of Service) below will also apply, and you will be required to agree to such terms and conditions at the appropriate time of application or usage of our Services.
1.3. What is unacceptable use of our site?
You may use our Site only for lawful purposes. You may not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party; and
- not to attack our Site via a denial-of-service attack or a distributed denial-of service attack.
Any violation of our system or network security may subject you to civil and/or criminal liability. By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
1.4. We may make changes and modifications
Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted and we reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. Although we make reasonable efforts to update the information on our Site, we make no promises that the content on our Site is accurate, complete or up to date.
The content on our Site is provided for general information only. It is not intended to amount to financial advice on which you should rely. You must obtain professional or specialist financial advice before taking, or refraining from, any action on the basis of the content on our Site.
1.5. How you may use material on our site
The Site; its content, including all page headers, custom graphics, button icons, and scripts; any materials downloaded; and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trade marks, and service marks) are owned by Prodigy Finance or third parties. All rights, title, and interests in and to the Site, any content thereon, our Services and the technology related to our Services and any and all technology and content created or derived from any of the foregoing are our or such third-party owner’s exclusive property. All content is protected by trade dress, copyright, patent, and trade mark laws, as well as various other intellectual property and unfair competition laws. All such rights are reserved.
You are authorised solely to view and retain a copy of pages of the Site for your own use. You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Prodigy Finance. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You agree that you will not use, duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Internet, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Prodigy Finance.
Additionally, you agree that you:
- will not remove or alter any author, trade mark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and
- will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Prodigy Finance.
1.6. Rules on linking to and from our site
The Site may contain links to websites controlled or offered by third parties (non-affiliates of Prodigy Finance). Prodigy Finance hereby disclaims liability for any information, materials, products, or services offered or advertised at any of the third-party websites linked to on the Site. By creating a link to a third-party website, Prodigy Finance does not endorse or recommend any products or services offered on or information contained at that website, nor is Prodigy Finance liable for any failure of any products or services offered on or advertised at those websites.
We are not responsible for the information practices employed by websites linked to or from our Site. In most cases, links to other websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their websites, we advise that you review the privacy policies and terms and conditions of these websites prior to providing any personal information.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and have obtained our prior written consent for the link. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If you wish to link to or make any use of content on our Site, please contact firstname.lastname@example.org. We reserve the right to withdraw linking permission without notice.
1.7. Security of site
We make no warranty whatsoever to you, express or implied, regarding the security of the Site, including that the Site will be secure or free from bugs or viruses and with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site or any Service (if applicable).
You are responsible for configuring your information technology, computer programs and platform to access our Site. You acknowledge and agree that you are solely responsible for maintaining and the security of your devices. You should use your own virus protection software.
1.8. System outages, slowdowns, and capacity limitations
At times you may experience difficulty accessing the Site or communicating with Prodigy Finance through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Prodigy Finance’s, can experience unanticipated outages or slowdowns or have capacity limitations. Prodigy Finance is not responsible for any such outages, slowdowns, or capacity limitations.
Terms of service
These terms (“Terms of Service“) are for account holders and loan applicants and are provided on behalf of Prodigy Finance and its affiliates. When you register to apply and use any of the Services offered by Prodigy Finance by accessing the Portal you signify that you have read, understand, and agree to be bound by these Terms of Service. Please read these Terms of Service very carefully. If you do not wish to be bound by these Terms of Service, you should not access the Portal or register for any of our Services.
In addition to these Terms of Service, you may enter into other agreements with us that will govern your use of the Services offered on the Site. If there is any contradiction between these Terms of Service and another agreement you enter into that is applicable to a Service offered on the Site then the other agreement will take precedence as it applies to the Service.
If you are not an account holder or loan applicant this Section 2 does not apply to you.
2.1. Additional terms
The Portal is intended solely for users who are 18 years of age or older, and any registration or use of the Portal by anyone under 18 years of age is unauthorized and in violation of these Terms of Service. By using the Portal, you represent you are 18 years of age or older and that you agree to and will abide by all of the terms and conditions of these Terms of Service. The Portal is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
2.3. Registration and application
You may be presented with the opportunity to register for an account and/or apply to use our Services on the Portal. When you register for an account or apply to use our Services, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel or withdraw your registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Portal and our Services. We reserve the right to reject any registration and/or decline any application for a loan. If you have submitted multiple loan applications with the same or different email addresses and accepted our provisional loan offer for one of the applications, we will automatically withdraw all the other loan applications, as you are only permitted to proceed with one loan application after accepting our provisional loan offer. You agree not to continue with or to actively withdraw from all other loan applications made with the same or other email addresses and otherwise inform us of all the email addresses that you have used to make the loan applications.
2.4. Your content and information sharing
By providing information or content on the Portal or in connection with the Services, you expressly agree to all of the following:
You are solely responsible for the content and information you make available through or in connection with the Portal or Services.
All the information and content posted on the Portal or privately transmitted through the Portal or via other means in connection with the Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.
2.5. Your licence
Subject to these Terms of Service, Prodigy Finance grants you a personal, non-exclusive, non-transferable, limited, and revocable licence to access the Portal for personal, not commercial use (“Your Licence”).
2.6. Restrictions on use
In addition to these Terms of Service, you agree to abide by all applicable laws and regulations in your use of the Portal and Services. In addition, you agree that you will not do any of the following:
register for more than one account or continue with more than one loan application, after you have accepted our provisional offer for a loan, unless instructed to do so by us in connection with a new loan application;
- register for an account, make or submit any loan application or other application to use the Services of Prodigy Finance on behalf of an individual other than yourself or on behalf of any group or entity;
- post or otherwise make available content or take any action on the Portal, that may constitute libel or slander, that infringes or violates someone else’s rights, that violates any copyright or trademark protections, or otherwise violates the law;
- post or otherwise make available content that in our judgement is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, which restricts or inhibits any other person from using or enjoying the Portal, or which may expose us or our users to any harm or liability of any type;
- post or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, or any other form of solicitation;
- use the information or content on our Portal to send unwanted messages to any other user;
- impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- post or otherwise make publicly available on the Portal any personal or financial information of any third party;
- solicit personal information from anyone under 18 years of age or solicit passwords or personal information for commercial or unlawful purposes;
- use the Portal or Services in any manner that could damage, disable, overburden, or impair the Portal, the Site or systems of Prodigy Finance;
- use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Prodigy Finance;
- harvest or collect email addresses or other contact information of our users from the Portal by electronic or other means, including via the use of automated scripts; or
- post or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Portal or any computer software or hardware or telecommunications equipment
2.7. Responsibility for your account
When you successfully register with us you will be required to create an account on the Portal. When you create an account, you can choose your own preferred name, email address and password as part of our security procedures. You acknowledge and agree that you are responsible for maintaining the confidentiality of such information, and to keep it safe and not disclose it to any third party or allow any third party to use your information and access our Portal. Prodigy Finance is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
For your own safety, Prodigy Finance does not have access to your user log-in information. If you have forgotten any of your user log-in information or know or suspect that anyone other than you knows your user identification code or password, you must promptly change your log-in information, by using our reset password functionality on the log-in page or by contacting us at email@example.com to lock your account and/or change your password. We have the right to disable or lock any user profile, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
2.8. Termination of your licence
Prodigy Finance reserves the right, in its sole discretion, to terminate Your Licence or user account, delete your loan listing and any content or information that you have posted on the Portal, prohibit you from using or accessing the Portal or the Services and/or assert legal action with respect to your content or use of the Portal or Services that Prodigy Finance reasonably believes is or might be in violation of the Terms or Service, additional terms and conditions, or other Prodigy Finance policies. Prodigy Finance’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce the Terms of Service or the terms of any Service.
3.1. Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.2. We may transfer this agreement to someone else
We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
3.3. Legal rights
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that the other provisions of the Terms shall remain in full force and effect.
3.4. Changes to these terms
3.5. Law and jurisdiction
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.