Lotus Finance (UK) Ltd ("Lotus Finance (UK) Ltd " or "we" or "us") provides the services available at this site (the "Site") to you, subject to the following terms and conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time at www.lotuscommercialfinance.co.uk. In addition, when using a particular service in this Site, guidelines or rules may be posted which are applicable to such service. You and Lotus Finance (UK) Ltd shall be subject to any such guidelines or rules that may be posted from time to time on the Site, and all such guidelines or rules are hereby incorporated by reference into this agreement. By using this Site, you are agreeing to be bound by all of the terms and conditions of the most current version of the user agreement and any guidelines and rules posted on this Site. If you do not agree to be bound by this agreement, do not use this Site. If the user is not an individual, then "you" shall mean your company, its officers, members, agents, successors and assigns.

1 Overview: This Site was created for the purpose of providing SMEs with information about the services Lotus Finance (UK) Ltd provide to our clients.

2 Eligibility: This Site is intended for use by persons and entities who can form legally binding contracts under English law. You represent and warrant that you will not make offers for services for sale or request quotations through the Site unless you have the legal capacity, bona fide intention and ability to deliver or accept and pay for such services on the terms stated.

3 Payment of fees to Lotus Finance (UK) Ltd: Buyers do not pay any fees for using the Site. On completion of a transaction, fees will be payable by the Vendor to Lotus Finance (UK) Ltd in accordance with the terms of the Pricing Policy posted on the Site. When it has been agreed in writing between Lotus Finance (UK) Ltd and you we will charge a fee based on the service provided.

4 Compliance with laws: You shall comply with all applicable laws and regulations of the United Kingdom and European Union and other foreign authorities relating to the purchase of services on the Site or otherwise relating to your use of this Site.

5 Conduct: You agree
(i) not to use this Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software;
(ii) not to interfere or disrupt this Site or any networks connected to this Site;
(iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site;
(iv) not to take any action that imposes an unreasonable or disproportionately large load on Lotus Finance (UK) Ltd’s infrastructure;
(v) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site;
(vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
(vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on this Site. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.

6 Intellectual property: All information and material including data, images, text and audio on the Site is the property of Lotus Finance (UK) Ltd and/or its licensors and is subject to copyright. All trade marks on the Site are the property of Lotus Finance (UK) Ltd and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.

7 Links: This Site may provide links to other Internet sites. Lotus Finance (UK) Ltd is not responsible for the availability of such other Sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. You further acknowledge and agree that Lotus Finance (UK) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

8 No warranties: This Site, all services obtained through this Site and all information contained on this Site is provided on an "as is" basis from Lotus Finance (UK) Ltd. Lotus Finance (UK) Ltd make no representations or warranties of any kind, express or implied, relating to this agreement, the performance under this agreement, the availability of this Site, the services available on this Site, the operation of the software available on this Site, the quotes delivered from Vendors to Buyers on the Site, the transactions performed on this Site or as a result of quotes or other information obtained from this Site, or the information and/or content on this Site. To the extent permissible by applicable law, Lotus Finance (UK) Ltd disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or non-infringement. Without limiting the foregoing, Lotus Finance (UK) Ltd does not make any warranty that
(i) the services offered on this Site will meet your requirements,
(ii) the services offered on this Site will be uninterrupted, timely, secure or error-free,
(iii) the results that may be obtained from the use of the services will be accurate or reliable,
(iv) the content or information available on this Site is complete, accurate or available, or
(v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Lotus Finance (UK) Ltd or through this Site shall create any warranty not expressly made herein.

9 Limited liability: Lotus Finance (UK) Ltd and its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services provided on this Site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the case of Vendors, you further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments you made to Lotus Finance (UK) Ltd within the six-month period prior to the event or action giving rise to such loss. Nothing in this agreement excludes a party's liability for death or personal injury caused by negligence.

10 Indemnity: You shall indemnify, defend, and hold harmless Lotus Finance (UK) Ltd and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from
(i) your use of the software available at this Site,
(ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services,
(iii) your use of the content available on this Site in any way contrary to this agreement
(iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services),
(vi) any taxes attributable to the services or due on the purchase or sale of the services,
(vii) any dispute between you and a Vendor or Buyer arising out of a transaction initiated on the Site,
(viii) alleged errors or omissions or misrepresentations in the information provided by you to Lotus Finance (UK) Ltd here under or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Lotus Finance (UK) Ltd shall have the right to conduct any litigation, with counsel of its choice, at your expense.

11 Monitoring: You acknowledge that Lotus Finance (UK) Ltd or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. Lotus Finance (UK) Ltd, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Lotus Finance (UK) Ltd in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of this Site, authorised or unauthorised, constitutes consent to such monitoring.

12 Provision of data: In order to participate in the services offered at this Site, you must provide certain current, complete, and accurate information about you as prompted to do so by the registration form and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorised to provide such data. If any registration data that you provide is untrue, inaccurate, not current or incomplete, Lotus Finance (UK) Ltd retains the right, in its sole discretion, to suspend or terminate your account and rights to use the services. Registration data and certain other information about you is subject to our Privacy Policy. Solely to enable Lotus Finance (UK) Ltd to use information you supply us with, you grant Lotus Finance (UK) Ltd a non-exclusive licence to
(i) convert such information into digital format such that it can be read, utilised and displayed by Lotus Finance (UK) Ltd’s computers or any other technology currently in existence or hereafter developed capable of utilising digital information,
(ii) use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing the Site or Lotus Finance (UK) Ltd’s services, and
(iii) combine the information with other content provided by Lotus Finance (UK) Ltd, in each case by any method or means or in any medium whether now known or hereafter devised. The foregoing licences shall include the right to grant sublicences to the users of the Site to print all or any portion of the information for internal business purposes. Lotus Finance (UK) Ltd retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Lotus Finance (UK) Ltd to any information provided by you. Upon request by you, Lotus Finance (UK) Ltd shall have up to seven (7) days to remove any of your information or proprietary names from the Site Lotus Finance (UK) Ltd will only use the information in accordance with our Privacy Policy and as contemplated by this agreement. Except as otherwise stated herein or under our Privacy Policy, any material, information or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Lotus Finance (UK) Ltd will have no obligations with respect to the Communications. Lotus Finance (UK) Ltd and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

13 General: This Site is created and controlled by Lotus Finance (UK) Ltd in the United Kingdom and the laws of England and Wales govern this agreement and you and Lotus Finance (UK) Ltd agree to submit to the exclusive jurisdiction of the courts of England and Wales. Any waiver of any right or provision of this agreement will be effective only if signed by Lotus Finance (UK) Ltd and the failure of Lotus Finance (UK) Ltd to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. If any provision of this agreement is 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 the other provisions of this agreement shall remain in full force and effect. Lotus Finance (UK) Ltd reserves the right to make changes to this Site and this agreement at any time. Lotus Finance (UK) Ltd reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Lotus Finance (UK) Ltd may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Lotus Finance (UK) Ltd receives complaints from users of the Site regarding listed services. The rights and limitations in this agreement are for the benefit of Lotus Finance (UK) Ltd and a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. You are not permitted to assign any of your rights under this agreement without the prior written consent of Lotus Finance (UK) Ltd. You may not issue press release or make any public statement regarding your use or participation in the Site without the prior written permission of Lotus Finance (UK) Ltd. You and Lotus Finance (UK) Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Lotus Finance (UK) Ltd is intended or created by this agreement.