Terms of Service

Benne Fin BSC Closed, is a company incorporated in Kingdom of Bahrain under license number CR 158875-1, and operates the Website www.bennefin.com (BenneFin, we, us, our). The terms of service set out in this Website applies to you as a user (you, your) of the Website including the services/products/information/tools (Collectively referred to as Service) of BenneFin.

You may use the website including the services/products/information/tools provided by BenneFin, affiliated companies, subsidiaries, employees, officials, directors, representatives, consultants, agents – (Collectively referred to as BenneFin, we, us, our) only if you agree that you have read, understood and agree to comply to this legally binding Terms of Service.

We reserve the right to change the terms of service or any other content of the Website and Service. You are advised to check on these Terms of Service from time to time to ensure awareness and compliance. We shall indicate on the Website when there is a change in Terms of Service and you accept that it is enough notice. You agree to comply with the changes by continued usage of the Website and all changes are binding on the users.

If you become a lender or borrower on BenneFin, you agree to comply with our Borrower terms, Investor terms and Transaction Agreement. Terms of Service shall apply additionally with Borrower terms, Investor terms and Transaction Agreement, Cookie, Privacy and Security Policy.

  1. Access to Website
  2. Registration on the website
  3. Availability of the Website
  4. Usage of website
  5. Restrictions on use of Website
  6. Disclaimer and Risk Warning
  7. Disclaimer of Liability and Warrantee
  8. Limitation of Liability and Indemnity
  9. Breach and controls
  10. Account Suspension and Deletion Policy
  11. Confidentiality
  12. Intellectual Property Rights
  13. Disputes and governing laws

1. Access to Website

  1. The Website is intended to be access using conventional web browser.
  2. The Website consists of certain parts that require you to Login to gain access. You must not attempt to obtain unauthorised access to access-controlled parts of the Site,
    through unauthorised means.
  3. By accessing the Website you agree that you are atleast twenty-one (21) years old as per Gregorian calendar and have legal capacity, experience and knowledge to do so.

2. Registration on the Website

  1. To become a borrower or investor on the platform, you need to register on the Website. And we reserve the right to accept/reject an application to register.
  2. To register, some basic details like name and contact details are submitted on the register section of Website.
  3. Once registration is approved, you will receive an email to login and set a password. You will then submit detailed information and submit proof of identity and address in line with our AML guidelines. BenneFin might ask for further documents based on its sole discretion. Applications will be subject to an approval process and may be accepted or rejected by BenneFin at its sole discretion.
  4. You agree to provide complete and truthful information. In case of any impersonation, or infringement, we reserve the right to cancel your registration and legal liable. You shall be responsible for your password and do not share it with others.

3. Availability of the Website

  1. We reserve the right to limit the availability of the site based on persons or location.
  2. Though BenneFin shall take due care, electronic services may be subject to unexpected disruptions or breakdown. You agree that access to Website and Services shall be on ‘as is’ and ‘as available’ basis.

  3. We may, for security, technical or any other reasons, or due to any breach of Terms of Service, withdraw the Website or your access to the Website, or suspend such access, without notice to you, at any time.

4. Usage of Website

  1. You may login to the website using the user id and password. You will be responsible for all information and activity on the Website under your user id and password. The user id is only for your usage and is no to be shared with anyone else.
  2. In case your user id is disclosed or stolen or used without authorisation by anyone, you need to inform us on Customer.service@bennefin.com immediately.
  3. You are not allowed to transfer or resell your user id or password to a third party or for use it for the benefit of a third party. In case you authorise an employee or an agent to use your login details, you will be responsible for their activity on the Website.

5. Restrictions on use of Website

  1. You agree to use the Website and our services in a legally lawful manner complying with any applicable laws or any party’s rights or legal entitlements under any applicable laws.
  2. You agree not to use tools like robot/screen scrapper or any other tool to copy/monitor/process or extract any content from the Website.
  3. You agree not to use any automation to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted through the platform
  4. You agree not to take any action that imposes an unreasonable large load on the infrastructure of or bandwidth connecting to the Website
  5. You agree not to try to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
  6. You agree not to reproduce, copy, modify, or publish, any part of any content from the Site without our prior written permission.

6. Disclaimer and Risk Warning

  1. We, at BenneFin evaluate every request-for-funding before listing a crowd funding offer. We take due caution to list only genuine businesses. We will be listing SMEs including some early stage businesses. The risk band classification we provide is only a guideline and you will need to evaluate the creditworthiness of a Business.
  2. It is imperative to note that you will be lending to SMEs and need to be aware of risk of default, that could lead to potential loss of all or part of your investment and delays in repayment/exit. The information provided on the platform are verified or checked on the best efforts basis without guarantying any accuracy in the data/information verification.
  3. Any investment decision taken by the lender based on this information is at discretion of the lender and BenneFin does not guarantee that the loan amount will be recovered back from the borrower fully or partially. The risk is entirely on the lender. BenneFin will not be responsible for the full or partial loss of the principal and/or interest of lenders’ investment. As a lender, kindly choose investment as per your risk appetite.
  4. You agree that no content published on the Site constitutes a recommendation of a specific transaction. You also understand that neither we nor any of the information providers, their affiliates nor any third parties will advise you personally on the transaction.
  5. When you agree to finance using the Website you will be entering into a contract directly with that third party. Any arrangement made between you and any third party is at your sole risk and responsibility.
  6. You agree that rates and fees displayed on the Website are indicative and are subject to change due to factors outside of our control and we do not guarantee that the rates and fees will be available to you at all times.

7. Disclaimer of Liability and Warranties

  1. The website is made available “as is” and BenneFin does not warrant its accuracy, completeness or reliability.
  2. We shall take due care in ensuring availability of the Website. However, we do not warrant that the Website will be available in an uninterrupted and error-free manner or be timely and non-infringing. There may also be any temporary defect including virus or other harmful components, beyond our control affecting the site. We hereby disclaim any and all such express or implied warranties.
  3. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses) which you may incur as a result of using the Website, or as a result of the Website or any part of it being unavailable at any time for any reason.
  4. We accept no liability if communications sent via the Website are intercepted by third parties, delayed or incorrectly delivered or not delivered while it pass over public telecommunications networks.

8. Limitation of Liability and Indemnity

  1. You agree to use the Website solely at your own risk. We or any of our agents, officers, employees, affiliates, and suppliers will not be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless any damages as a result.
  2. You agree that the services offered by us may not be construed as a recommendation, marketing, solicitation or endorsement of a particular offer. We shall not be responsible for any investment decision based on the content, services provided by BenneFin. The content available is for informational purposes only, and cannot be operated or relied on alone without expert advice. You agree that BenneFin will not held responsible for the financial or emotional or commercial outcomes of your decision on the platform.
  3. You agree that BenneFin will not be liable for damages, losses, liabilities, claims or expenses, including, without limitation, any direct, indirect or any other type of damage, loss or injury resulting from use of the content or the Website, in whole or part, whether caused by negligence or contingencies beyond its control in its content or otherwise.
  4. In all cases, the total liability of the platform, its employees, agents and representatives with respect to the content and services provided shall not exceed the amount of registration fees and user fees paid for using the service.
  5. You agree to indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us or any third parties as a result of or in connection with such use.

9. Breach and controls

  1. You agree to inform us immediately in case of any suspicious activity on your login or any other breach of this terms of Service.
  2. BenneFin would store and retain record of activity as per regulations and has the right to reject any content which is not in line with the policies.

10. Account Suspension and Deletion Policy

  1. In case of any breach in terms of service or any suspicious activity, we may terminate or block your log-in details and your access to the Site for any or no reason. You agree that this may be done at any time, with or without notice to you and without incurring any liability to you, for any liability in any form.
  2. You may also request us on customer.service@bennefin.com. We shall assist you in the same subject to all internal and regulatory requirements.
  3. All restrictions and all disclaimers and exclusions and limitations of our liability and indemnity shall continue to remain in force during suspension and will survive any termination.

11. Confidentiality

  1. You agree that you after you have registered on our Website shall maintain the confidentiality of the information and data received from any party through the Website. All information including commercial, financial or personal should be kept confidential.
  2. The users of the Website and services shall not disclose, distribute or share such information in any other way with a third party.
  3. You shall further agree that you shall keep your login credentials safe and do not divulge it to others. You shall notify us immediately in case of any compromise.

12. Intellectual Property Rights

  1. BenneFin is the owner of all present and future content including the design, text and data on our Website and Services provided by it.
  2. You agree that while doing any submission to BenneFin that the you have full right to distribute or publish the submitted content.
  3. You undertake that in event of any dispute by a third party you indemnify Bennefin for all damages.
  4. You shall retain ownership of copyright in data you upload or submit to BenneFin, However, you grant us a international, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any form or manner.

13. General Terms, Disputes and Governing law

  1. No delay on the part of BenneFin in exercising any right, power, or privilege shall operate as a waiver thereof, nor shall any waiver of any right, power, or privilege operate as a waiver of any other right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or of any other right, power, or privilege.
  2. We may perform any of our duties or exercise any of our rights partially or fully under this terms through a third party or assign the duties or rights under these terms to a third party.
  3. If any provision of these terms shall be held or deemed to be, or shall in fact be, illegal, inoperative, or unenforceable, the same shall not affect any other provision contained herein, or render the same invalid, inoperative, or unenforceable to any extent whatsoever, which provisions shall remain in full force and effect. If any of the provisions in these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
  4. All disclaimers, indemnities and exclusions in these terms shall survive termination of the terms or any contract, and shall continue to apply during any suspension or during the time which the Website or the service is not available for you to use for any reason.
  5. Terms of Service and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Website and the services provided through the Website and supersede any and all prior or contemporaneous representations, communications or agreements -written or verbal made between you or us.
  6. Terms of Service shall be governed by the rules and laws of the Kingdom of Bahrain. Courts of Bahrain shall have exclusive jurisdiction on any dispute arising out of these Terms of Service.

14. Our Contact

In case of any questions about these Terms of Service, please contact us on details provided on www.bennefin.com/faq/

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