Customer Terms

  1. ABOUT US
    • Vendigo Finance UK Limited (“Vendigo”, “us”, “we”) is a limited liability company registered in England and Wales with company registration number 10904288. Our registered office address is Broadbent House, 65 Grosvenor Street, London, W1K 3JH. We operate the website www.vendigo.com.
    • Vendigo is authorised and regulated by the Financial Conduct Authority (“FCA”) under Financial Services Register number 796969. We are also registered with the Information Commissioner’s Office under registration number ZA306452.
    • To contact us, telephone our support team at 0203 965 0996 or email at support@vendigo.com.
  2. HOW THE PLATFORM WORKS
    • We provide an online web-based and/or app-based platform that allows merchants, customers and lenders to connect at the point of sale (“Platform”). The Platform enables merchants to offer their customers financing for home improvements at the point of sale to give customers greater purchasing flexibility. Customers are provided with a single application to complete on the Platform and, on completion, Vendigo searches its panel of lenders simultaneously for the best financing offer available to the Customer. The Platform can be accessed via our website https://www.vendigo.com  and/or the Vendigo mobile application service.
    • When using the Platform, Customers are purchasing the Goods/Services from the Merchant; they are not purchasing the Goods/Services from us. Customers should refer to the Merchant for details of any terms or conditions applying to the purchase from the Merchant, including their statutory right to cancellation and a refund.
    • If an application for credit made using the Platform is successful, and the offer of credit is accepted, Customers will receive credit from a lender on our panel; Customers do not receive finance from us. Please refer to any Credit Agreement you enter into with a Lender for the terms and conditions of the borrowing and repayment.
  3. CUSTOMER TERMS
    • These terms and conditions (“Customer Terms”) apply to the Customer (“you”, “your”) who is using the Platform to arrange financing for the purchase of Goods/Services from a Merchant.
    • In order to become a Customer, you must accept and agree to be bound by these Customer Terms, which shall apply to and govern your relations with us. Paragraph 7 below explains in more detail how you may become a Customer.
    • By agreeing to these Customer Terms, you are bound by them in their entirety. If you do not agree to them, you must not sign-up to become a Customer. If you refuse to accept these Customer Terms, Vendigo will not arrange Credit Facilities for you.  Please read these Customer Terms carefully and print a copy for your future reference.
    • Your attention is particularly drawn to the following:
      • How we use your personal information (see Paragraph 4);
      • Our complaints handling policy (see Paragraph 15);
      • Our limitation of liability to you (see Paragraph 18); and
      • Your liability to us (see Paragraph 18).
    • References in these terms and conditions to “you” and “your” are to you in your capacity as a Customer. Capitalised terms are defined in Paragraph 29. These Customer Terms are made only in the English language.
    • These Customer Terms were last updated on 12 April 2018.
  4. PERSONAL INFORMATION
    • Your use of the Platform and any services you access via the Platform are subject to our Privacy Policy. Please read our Privacy Policy carefully as it contains important information about your personal information.
    • By accepting these Customer Terms, you consent to us obtaining information from credit reference agencies, fraud prevention agencies and other third parties about you.
  5. AMENDMENTS TO THE CUSTOMER TERMS
    • We expect to need to amend these Customer Terms from time to time to:
      • comply with law or regulations; or
      • meet our changing business requirements.
    • We may make such amendments without your specific agreement, but only where those updates are required to comply with law or regulations or are of an immaterial and routine nature. We will give you prior notice of such amendments.
    • We may also need to amend these Customer Terms for other reasons, including to:
      • change the pricing basis on which Credit Facilities are provided to Customers; and/or
      • change the structure, features or other terms of Credit Facilities,

in which case we will give you at least 30 calendar days’ written notice of the proposed amendments. You will be asked to accept such amendments the next time you log into the Platform and the amended Customer Terms will govern our relations from such time.  You will be unable to submit a new request for a Credit Facility unless you agree to be bound by our updated Customer Terms.

  1. HOW TO BECOME A CUSTOMER
    • You may only access the Vendigo Services if you register as a Customer.
    • In order to become a Customer, you must complete the online registration process found at https://www.vendigo.com and accept these Customer Terms and our Privacy Policy. You are solely responsible for ensuring that the information provided by you during this process is complete and accurate.
    • By accepting these Customer Terms, you agree and confirm to us that:
      • all the information you have provided to us and the Merchant is accurate and correct and you are the person whose details you have provided;
      • you can enter into a legally binding agreement with us;
      • you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
      • you are over 18 years of age and under 75 years of age and capable of taking responsibility for your own actions;
      • you hold a current account at a UK bank or building society;
      • you are a resident of the United Kingdom (excluding the Channel Islands and Isle of Man);
      • you are employed to work at least 16 hours a week, or be in receipt of a private or company pension;
      • you have a good credit history with no late payments, debt relief orders, county court judgments, individual voluntary arrangements or bankruptcies; and
      • you understand that Vendigo may receive a fee directly from the lender, which will not affect your credit profile, for the arrangement of the Credit Agreement once you have contractually accepted and signed the Credit Agreement.
    • Upon receipt of your application to register as a Customer, we will:
      • assess your application to become a Customer on the Platform in accordance with our internal policies and procedures; and
      • confirm or refuse your application to register as a Customer on the Platform, in our absolute discretion.
    • The decision to register you as a Customer is final and at the sole discretion of Vendigo.
    • If your application to become a Customer on the Platform is successful, we will provide you with a user account which allows you to access all information regarding your use of the Platform and allows us to populate forms with your information on record for future Credit Applications (your “Vendigo Account”).
    • When you create a Vendigo Account, you will be asked to set a password. You agree to keep your password and Vendigo Account information strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would detail of your bank account or your bank cards. Any failure to do so will be at your sole risk and expense.
    • Customers may only use the Platform for personal, non-business use.
  2. CREDIT APPLICATIONS, CREDIT FACILITIES AND DEPOSITS
    • Once you are registered as a Customer, you can use the Platform to apply for credit in connection with a Sale Agreement by making a Credit Application via the Platform or by telephone.
    • When you make a Credit Application, we will submit a request for credit (a “Credit Request”) to certain lenders who fit the relevant product criteria.
    • Each such lender will conduct a soft search of your credit profile, in addition to identification checks, anti-money laundering checks and financial sanction checks, and provide one of the following three responses to such Credit Request via the Platform:
      • accept the Credit Request;
      • request additional documentation from you via the Platform before a final credit decision is made; or
      • decline the Credit Request.

By making a Credit Request you consent to the relevant lenders making such searches and checks.

  • If a Credit Request is accepted by a Lender, such Lender will provide all relevant pre-contractual documentation, a Credit Agreement signed by such Lender and a direct debit form directly to you.
  • You acknowledge and agree that each Lender in its sole discretion has the right to decline or not continue with any Credit Application for any reason and/or to attach any conditions to the entry into any Credit Agreement as it considers appropriate.
  • You have thirty (30) calendar days from the date a Lender approves a Credit Application to accept the relevant Credit Facility and enter into the Credit Agreement unless the Lender withdraws its offer of a Credit Facility within that period.
  • When a Customer contractually accepts a Credit Agreement, the Merchant shall become the agent of the Lender who provided such Credit Agreement (in respect of that Credit Agreement only), and you acknowledge and accept such appointment subject to the terms and conditions contained in these Customer Terms and the Credit Agreement.
  • Once you have made a Credit Application, any Deposit required shall be paid directly by you to the Merchant. No Deposit shall be financed by the proceeds of a Credit Facility.
  1. RELEASE OF FUNDS
    • You must confirm to us that the Merchant has delivered or completed the Goods/Services by completing a Customer Satisfaction Note on the Platform within 90 days of entering into the Credit Agreement. If a Customer Satisfaction Note is not provided to us within such period, the Credit Agreement will lapse and, if you still require credit, you will be required to complete a new application.
    • If you provide a Customer Satisfaction Note within the relevant period, the Lender will pay the amount borrowed under the Credit Facility directly to the Merchant, provided that you have complied with the terms of the Credit Agreement.
  2. REPAYMENT
    • You must repay the total amount payable under a Credit Agreement to the Lender in accordance with the repayment schedule in the Credit Agreement.
  3. CLAIMS, DISPUTES AND COMPLAINTS
    • We ask that you direct all claims, disputes or complaints in relation to the Goods/Services you receive from a Merchant directly to the Merchant. However, you may direct any claim to us in the following circumstances, and we will investigate your claim:
      • if you believe that you have a claim for misrepresentation or breach of contract against the Merchant and the claim relates to any single item to which the Merchant has attached a cash price exceeding £100 but not exceeding £30,000; or
      • if you believe that you have a claim for breach of contract against the Merchant and the cash value of the Goods/Services exceeds £30,000 and the amount of credit provided under the Credit Agreement does not exceed £60,260 (and you have not entered into the Credit Agreement wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by you) and:
        • the Merchant cannot be traced;
        • you have contacted the Merchant but the Merchant has not responded;
        • the Merchant is insolvent; or
        • you have taken reasonable steps (which need not include litigation) to pursue your claim against the Merchant but you have not obtained satisfaction for your claim.
  1. FEES
    • No fees are payable by you to use the Platform as a Customer. You may be charged default fees by the Lender if you do not repay amounts you owe under your Credit Agreement on time.
  2. REFUNDS AND CANCELLATIONS
    • These Customer Terms do not affect any contractual or other rights you may have to cancel or terminate your purchase of Goods/Services from the Merchant. Please refer to the Merchant and/or to the Sale Agreement for information about these rights.
  3. YOUR VENDIGO ACCOUNT
    • You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and Vendigo Account are made by you, and that all correspondence and instructions posted by us via your Vendigo Account have been received by you. You agree to inform us immediately (via the Platform, by e-mail or by telephone) if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.
    • We have the right to disable your Vendigo Account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Customer Terms.
    • You agree to inform us as soon as possible if any information provided by you or contained in your Vendigo Account changes and/or if you become aware of any errors with respect to your Vendigo Account and/or if you lose access to your Vendigo Account for any reason whatsoever.
  4. COMPLAINTS
    • We consider a complaint as being defined as an expression of dissatisfaction made by you in relation to any of the services we provide. In the event that you make a complaint, we will make every effort to rectify the problem as soon as practicably possible. If you have any complaint about this Platform or any of the services we provide, you should contact our complaints department via email at support@vendigo.com, by phone at 0203 965 0996, or by post at 65 Grosvenor Street, London, W1K 3JH, United Kingdom; and we will try and resolve it as soon as possible.
    • If you feel that your complaint or grievance has not been dealt with satisfactorily, you have the right to take your complaint to the Financial Ombudsman. If you have not received a final response letter from us within eight weeks of raising your complaint, or the final response letter has been received but is not satisfactory to you, you will need to bring your complaint to the Financial Ombudsman within six months. You can contact the Financial Ombudsman at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or by calling them on 0800 023 4567.
    • If you do refer your complaint to the Financial Ombudsman Service, this will not affect your right to take legal action.
    • The Merchant is solely responsible for resolving all claims, disputes or complaints relating to the Goods/Services and the Sales Agreement, including disputes relating to the delivery or non-delivery of such Goods/Services.
  5. PLATFORM ACCESS
    • You are granted a non-exclusive and non-transferable right to access the Platform solely for the purpose of arranging credit in connection with a Sale Agreement.
    • We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis and we may need to suspend access to the Platform, or any part of it, without notice where we are required to do so by Applicable Law or where the Platform is unavailable through no fault of our own. In other circumstances we will give you at least 7 calendar days’ prior notice by posting such notice on the Platform before it will be unavailable. We do not guarantee that the Platform will be secure or free from bugs or viruses.
    • You undertake not to:
      • license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available in any way to any third party the Platform or any data, content, software and other material making up the products and services made available via the Platform;
      • deploy within the Platform any bot, spider, web crawler or other automated query program at any time for any reason including all scraping, crawling, caching or otherwise accessing any content on the Platform;
      • introduce any data to the Platform that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form the Platform or any data, content, software and other material making up the products and services made available via the Platform, except as may be allowed by any Applicable Law;
      • disguise or interfere in any way with the IP address of the computer you are using to access the Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Platform; or
      • attempt to obtain or assist others in relation to any of the activities at sub-paragraphs (a) to (e) inclusive above.
    • You acknowledge and agree that the features, availability, operation and/or look and feel of the Platform may be modified at any time.
    • Although we make reasonable efforts to update the information on the Platform, we make no promises that the content on the Platform is accurate, complete or up to date.
    • The Platform may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party Platform will be governed by the terms and conditions of that third party Platform.
    • You are responsible for ensuring that all of your user ID and passwords are kept secure and for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.
  6. INTELLECTUAL PROPERTY
    • We are the owner or the licensee of all intellectual property rights in the Platform and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
    • Vendigo and the Vendigo logo are trade-marks of Vendigo Finance UK Limited. You will not make any unauthorised use of the Vendigo trade-marks and any unauthorised use can result in legal action being taken against you.
    • vendigo.com is our uniform resource locator (“URL“). You will not make any use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
    • Your registration on and use of our Platform does not transfer any rights to the content and related intellectual property rights contained in our Platform. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Platform, including without limitation, any price data without our prior consent. Any unauthorised use or reproduction can be prosecuted.
    • Any data licensed to Vendigo from third parties is provided for use on the Platform only and may not be used for any commercial purposes without the consent of such third parties.
  7. YOUR LIABILITY TO US
    • You will be liable to us for any loss or foreseeable damage suffered by us as a result of:
      • any breach by you of these Customer Loans, any Credit or any privacy policy you agree with us;
      • your negligence or wilful default;
      • any fraudulent use by you of the Platform; and
      • any and all misuse of your username, password, the Platform or your Vendigo Account.
    • You will not be liable to us for any loss or damage which is not foreseeable.
  8. OUR LIABILITY TO YOU
    • We will be liable to you for any foreseeable loss or damage suffered by you as a result of:
      • any breach by us of these Customer Terms (including any breach or negligence committed by any of our officers, employees or agents);
      • our negligence or wilful default; or
      • fraud committed by us or our employees.
    • We will not be liable to you for any loss or damage that was not an obvious consequence of Vendigo’s breach or that was not contemplated by Vendigo and you at the time you accepted these terms and conditions, nor for a Lender refusing a Credit Application which you submit to us
    • Nothing in these Customer Terms will exclude or limit our liability for death or personal injury caused by our negligence or fraud, or for any other liability that cannot lawfully be excluded or limited under applicable laws and regulation.
    • We use industry standard techniques to protect our Platform from viruses and attacks but cannot guarantee that our Platform will be free from viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any Platform linked to it.
    • To the maximum extent permitted by law, the Platform and the Vendigo Services are provided “as is” and “as available”. Vendigo hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Vendigo does not warrant that the Platform will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Platform at your own discretion and risk.
  9. LINKING
    • We can link to other websites which are not within our control. Once you have left our Platform, we cannot be responsible for the content of other websites or for the protection and privacy of any information which you provide on these websites. Please note that these websites have their own privacy policies and website terms and conditions. We do not accept any responsibility or liability for these policies, nor do we endorse the content of these websites. Please check their privacy policies and their website terms and conditions when you visit them and before you submit any personal data to these websites.
    • You may link to this Platform from another website without our consent in writing if you:
      • link only to the homepage of the Platform at www. vendigo.com;
      • do not relate frames or any other border around the Platform;
      • comply with all laws and regulations applicable to the website or platform you are linking from; and
      • do not imply that we endorse or are associated with your (or any other) website, product or service.
    • You may not link to this Platform from another website which contains inappropriate or distasteful content which reflects badly on us.
    • We reserve the right to withdraw linking permission without notice.
  10. CONFIDENTIALITY
    • Vendigo and you will keep confidential and will not disclose to any third party any information that is marked or otherwise indicated as being confidential, except information that any of us is bound to disclose under any Applicable Law or by order or request of any regulatory authority or by a court of law, or to our respective professional advisers for the purposes contemplated in these Customer Terms, or in our case, where disclosure is necessary to exercise any of our rights or perform any of our obligations under these Customer Terms (including disclosure to any Lender).
  11. TERMINATION
    • We can terminate your Vendigo Account by notice in writing to you at any time in the event that:
      • you are in material breach of any term of these Customer Terms; and/or
      • you breach any term of any Credit Agreement or related agreement to which you are a party; and/or
      • we suspect that you have used the Platform, or intend to use the Platform, for the purpose of an illegal activity; and/or
      • you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; and/or
      • you apply for bankruptcy or become subject of a bankruptcy petition or order.
    • You can terminate your Vendigo Account by providing 7 calendar days’ written notice to us, provided you have no Credit Agreements outstanding at the time of your request.
    • On termination of your Vendigo Account:
      • all rights granted to you under these Customer Terms shall cease and you must immediately cease all activities authorised by these Customer Terms, including your use of the Platform; and
      • any paragraph of these Customer Terms which is expressly or by implication intended to come into or continue in force on or after termination shall remain in full force and effect.
    • Termination of your Vendigo Account shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Customer Terms which existed at or before the date of termination or expiry.
  12. FORCE MAJEURE
    • We shall not be liable for a breach of these Customer Terms directly or indirectly caused by circumstances beyond our or their reasonable control including but not limited to any natural disaster, war, terrorist attack or similar actions, non-performance by suppliers or sub-contractors (including our or their agents or suppliers), and interruption or failure of any utility service.
  13. NOTICES
    • Any written notice may be delivered in person, by email or sent by first-class post:
      • in the case of the Customer, to the Customer at the address or email address provided by the Customer during the on-boarding process or such other address as may be notified by the Customer in writing from time to time; and
      • in the case of Vendigo, to Customer Support Team at Vendigo Finance UK Ltd, Broadbent House, 65 Grosvenor Street, London, W1K 3JH; or via email to support@vendigo.com.
    • Notices by post shall be deemed duly given forty-eight (48) hours after posting by first class post or seventy-two (72) hours if sent by airmail. Notices by email shall be deemed duly given when delivered.
    • You agree that we may act on email notices or instructions that reasonably appear to emanate from you.
    • If the function is available, a written notice may be served on us or you through the Platform, and such notice shall be deemed duly given when sent through the Platform.
  14. SEVERANCE

If any provision, or part of a provision, of these Customer Terms is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable (a “Void Provision“):

  • such invalidity, illegality or unenforceability shall not affect the other provisions of these Customer Terms, which shall remain in full force and effect;
  • if a Void Provision would be valid, legal and enforceable if some part of it were deleted, that Void Provision shall apply with such modification as may be necessary to make it valid, legal and enforceable;
  • if a Void Provision cannot be made valid, legal and enforceable under Paragraph (b) above, the Parties shall negotiate in good faith to amend the Void Provision to be valid, legal and enforceable whilst achieving, to the greatest extent possible, the Parties’ original commercial intention; and
  • if a Void Provision cannot be made valid, legal and enforceable under Paragraph (b) or (c) above, the Void Provision shall be deemed to be deleted.
  1. THIRD PARTIES AND TRANSFER
    • No term of these Customer Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than us or you.
    • These Customer Terms shall be binding on, and benefit, us, you and our and your respective personal representatives, successors and permitted assigns, and references to us or you shall include our or your respective personal representatives, successors and permitted assigns.
  2. NO WAIVER

A failure to exercise, or delay in exercising, a right, power or remedy provided by these Customer Terms or by law does not constitute a waiver of that, or any other, right, power or remedy and shall not, and nor shall any single or partial exercise of any such right, power or remedy, preclude the further exercise of that, or any other, right, power or remedy. Any waiver of any right under these Customer Terms is only effective if it is in writing and it applies only to the person to whom the waiver is addressed and to the circumstances for which it is given.

  1. ASSIGNMENT
    • You shall not assign, transfer, mortgage, charge, sub­contract or deal in any other manner with any or all of its rights and/or obligations under these Customer Terms without our prior written consent.
    • We may at any time assign, transfer, mortgage, charge, sub-contract or deal in any other manner with any or all of its rights and/or obligations under these Customer Terms without your consent.
  2. ENTIRE AGREEMENT
    • These Customer Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  3. GOVERNING LAW AND JURISDICTION
    • These Customer Terms and any dispute or claim arising out of or in connection with any of them or their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and we and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
    • If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
  4. DEFINITIONS & INTERPRETATION
    • In these Customer Terms the following words and expressions shall have the following meanings:

“Agents” mean Vendigo’s employees, officers, representatives, agents, contractors or subcontractors;

“Applicable Law” means all laws, rules, regulations, policies, guidance or industry codes, rules of court or directives or requirements or notice of any Regulatory Body, delegated or subordinate legislation which are relevant and applicable to the performance of obligations under these Customer Terms;

Credit Agreement” means a credit agreement between a Lender and you for a Credit Facility entered into, or to be entered into, via the Platform in such form as may be required by such Lender from time to time;

“Credit Application” means an application submitted by you, or to be submitted by you, via the Platform for a Credit Facility in such form as may be required by Vendigo from time to time;

Credit Facility” means a credit facility provided by a Lender to you under a Credit Agreement to be applied in payment (or part-payment) of the relevant Goods/Services;

“Customer” means you, a person introduced to the Platform by a Merchant, who has registered as a customer on the Platform and entered into, or wishes to enter into, a Credit Agreement with a Lender using the Platform;

Customer Satisfaction Note” means a confirmation from a Customer made through the Platform that the Goods/Services have been provided to their satisfaction;

Deposit” means, in respect of each Credit Agreement, the deposit collected by the Merchant from the Customer (if any) for the Goods/Services;

FCA” means the Financial Conduct Authority, or any successor Regulatory Body;

“Goods/Services” means the products and/or services to be supplied by the Merchant to the Customer under the applicable Sale Agreement and which were, or are to be, financed using the Credit Facility;

Lender” means the lender providing or which offers to provide a Credit Facility to you;

Merchant” means the seller or provider of the Goods/Services;

Platform” has the meaning given in paragraph 2.1;

“Regulatory Body” means those government departments and regulatory, statutory and other entities, committees and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in these Customer Terms or any other affairs of the Parties or either of them (including the FCA);

Sale Agreement” means an agreement entered into by you and a Merchant for the supply of the Goods/Services (whether or not in writing);

Vendigo Services” means the services offered by Vendigo via the Platform; and

“Working Day” means a day (other than a Saturday, a Sunday or a public holiday in England) on which banks in London are open for business.

  • In these Customer Terms:
    • references to Paragraphs are to Paragraphs of these Customer Terms;
    • references to a “person” shall be construed to include any individual, firm, company, government, state or agency of the state or any joint venture, association or partnership (whether or not having separate legal personality);
    • a reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted;
    • any words following the terms “including”, “include”, “in particular” or any similar terms shall be construed as illustrative only and shall not limit the sense of the words preceding those terms;
    • use of the singular includes the plural and vice versa;
    • any obligation on us or you not to do something includes an obligation not to allow that thing to be done;
    • any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal terms in that jurisdiction;
    • where a Lender is a peer to peer lending platform, references to such Lender include such Lender acting on behalf of lenders acting through a peer to peer lending platform; and
    • headings to Paragraphs are for convenience only and shall not affect the interpretation of these Customer Terms.