Prograd terms and conditions

Use of the Services

We only provide the Services for your non-exclusive personal use. You agree not to use our Services for any commercial or business purposes.

ou must not use our Services in: (a) any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (b) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below); or (c) any way that breaches any applicable laws, regulations, or codes of practice. In particular, you must not access without authority, interfere with, damage or disrupt any part of our Website, including but not limited to, that you must not: (a) misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or (b) attempt to gain unauthorised access to our Services, the server on which our websites are stored or any server, computer or database connected to our Services. Additionally, you must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorising or attempting the use of): (a) any 'robot', 'bot', 'spider', 'scraper' or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. This clause shall not apply to the extent that we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Important Note. The value of any investment can go down as well as up. We do not provide investment advice and any information included as part of the Services is provided to help you make your own informed decisions. If you are unsure whether an investment listed as part of the Services with a third party is suitable for you, you should contact an independent financial adviser for advice. You are also solely responsible for taking your own tax advice in relation to any investment.

Partners

As part of the Services, Prograd provides website links and details of products and services that may be available from various third party businesses ("Partners"). The operation and content of any websites, and any products and services from Partners, are determined by Partners and will be governed by their separate terms and conditions. If you purchase a new product or service from Partners because of Prograd, we may receive a payment, however, as we are not responsible for the products and services provided to you, or websites provided by those Partners. We make no representations, warranties or guarantees, whether express or implied regarding the same.

The use of Partners' products and services may be subject to terms and conditions and where you decide to procure services or products from any Partners it is your responsibility to: (a) check the suitability and adequacy of the product or service that is of interest to you (and if in any doubt, then you should seek independent professional advice before making a purchase or signing up); (b) read and ensure you understand the terms and conditions of their website and of any product or service you may be signing up to or purchasing; and (c) read and comply with the applicable terms and conditions.

We will use reasonable endeavours to check that Partners are regulated in the provision of offering regulated, i.e. credit-related, products, however if you wish to check this yourself you can do so by checking the Financial Services Register on the Financial Conduct Authority's (FCA) website.

We are not directly regulated by the FCA and do not provide any Services as an FCA regulated firm. Only when providing consumer credit brokering to you we will do that as the appointed representative of Consumer Credit Compliance Limited, which is authorised and regulated by the FCA (reference no. 631736). Consumer Credit Compliance Limited accepts full regulatory responsibility for consumer credit brokering and any associated activities that we are permitted to carry on its behalf.

Open Banking / Connecting Your Personal Accounts

To access the Open Banking feature of our Services, you will need to connect your online personal accounts, such as your current accounts and credit cards.

This is done via regulated Open Banking technology provided by TrueLayer Limited (an FCA regulated provider under FCA reference no. 901096) (TrueLayer) to access information about your balances and transactions. You will be asked to accept TrueLayer's terms and conditions when you decide to use the Open Banking feature of our Services and you will need to provide your explicit consent to your personal account provider before Truelayer can access this information. You can withdraw your consent to connect to Open Banking at any time.

Intellectual Property

All information, data and copyright material contained in our Services, including any trade marks (whether registered or unregistered), trade names, brands and logos belong to us or its licensors who have given us permission to use them. Prograd and its licensors are and shall remain the owner or licensee of all intellectual property rights in the Services and the material or content published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Prograd grants you a non-exclusive and non-transferable licence to use the Services for your personal use only and we reserve the right to revoke your licence if you do not comply with these Terms. Unless expressly provided under these Terms, we do not grant to you any rights in the Service which shall at all times remain the sole and exclusive property of us or our licensors.

Our status (and that of any identified contributors) as the authors of content contained in our Services must always be acknowledged (except where there may contain user-generated content). You must not use any part of the content in our Services for commercial purposes without obtaining a licence to do so from us or our licensors.

Data Protection

Prograd collects your personal data for specific purposes including to tailor our Services to your needs and preferences. We are ISO27001 certified and your privacy is our main priority, we will only use your personal data as set out in our Privacy Policy. We will comply with all applicable data protection legislation from time to time in force in respect of the personal data we collect from you.

Security

You must treat any information you are provided, such as your account details, including passwords as confidential. You must not disclose it to any third party.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your account details, you must promptly notify us at ethan@prograd.uk.

Notices and Complaints Procedure

We always aim to provide a high standard of service to all of our customers. However we acknowledge that things may occasionally go wrong. If it does, then we will ensure that we settle any complaint in a quick and fair manner.

If you have a complaint, please send us a message via email to ethan@prograd.uk. We will get back to you with a full response to your complaint as soon as we can, but will always aim to do so within fourteen (14) business days of receiving it and do our best to resolve the issue.

For any other correspondence you wish to send us regarding the Services, including if there are a changes to your contact details, please send us a message via email to info@prograd.uk

Service Availability and Liability

You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. We do not guarantee that the Services will always be available or be uninterrupted. We may also modify or withdraw, temporarily or permanently, the Services (or any part of it) with or without notice to you for any reason (this includes but is not limited to the right to suspend or restrict access to the Services if we reasonably believe that you are in breach of the Terms or applicable law) and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Services.

Where you elect, in your sole capacity, to engage with one of the Partners listed on our website, you will be bound by the terms applicable to dealing with that particular Partner. We recommend that you read such terms and conditions carefully as they will detail the responsibilities of such Partner and the rights that you have in relation to any arrangement you enter into with them.

We are responsible for losses you suffer caused by us breaking the Terms, unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before signing up to our Services meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the necessary steps to deliver our Services to you as set out in these Terms, we are not responsible for delays outside our control.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own Content or device, which was caused by digital content we supplied and which you could have avoided by following any advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• Business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited. Specifically, Prograd will not, under any circumstances, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (a) any loss of profit, sales, revenue; (b) any loss of business, business interruption, business opportunity; (c) loss of anticipated savings; (d) loss of or damage to goodwill; (e) loss of agreements or contracts; and (f) loss of use or corruption of software, data or information.
  Subject to applicable law, you agree that your sole and exclusive remedy with respect to the Services is to stop using the Services, otherwise, our maximum aggregate liability for all claims arising out of or relating to these Terms shall not exceed £100. We do not exclude liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
• Recommendation algorithm/engine.Our platform (Prograd) uses a recommendation algorithm that utilizes information obtained from and not limited to: your sign-up details, on-site browsing history, and behavior (i.e. clicks on the website) to suggest offers that we deem to be more pertinent to your current needs. This may result in some offers being given a higher or lower placement on the site.
• Sponsorship. From time to time, we may establish partnerships with select companies that may provide us with additional remuneration for specific campaigns, which we will clearly identify on site as "Sponsor". These companies may offer compensation to us to enhance their ranking or visibility on our website and to reach a broader audience. We will always disclose the presence of sponsored offerings on our website. These offers may enjoy a higher ranking on our website for a specified or an indefinite period and may rank higher than they would through our standard recommendation algorithm.

Changes to these Terms

We may amend these Terms from time to time. We may make minor changes to our Terms which we will implement immediately unless we are required by law to give notice to you. For any significant changes to our Terms we shall use reasonable endeavours to give you 30 days prior notice of such changes. If you do not agree to these changes, you can choose to end your Prograd account by emailing us at ethan@prograd.uk. If you continue to use the Services this means and we will assume that you agree to the updated Terms.

Governing Law

If any provision of these Terms are held by a competent authority to be invalid or unenforceable, the remaining provisions of these Terms will not be affected and will remain valid.

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

ProPeople Community

The proPeople community is an online space for people to interact with each other while learning through posted content.

You will be asked to accept CircleCo, Inc's (Circle) terms and conditions if you decide to sign up and register for an account through the ProPeople Community. Circle is the provider we use to host the ProPeople Community page and your personal data will be shared with them (please see our Privacy Policy for more information). Please make sure you read their terms and conditions and privacy policy carefully before signing up.

Through the ProPeople Community, you can upload content or material pertaining to your use of our Services. In accessing this feature, you must comply with the content standards set out below. These content standards apply to any and all material which you contribute the ProPeople Community ('Contributions') and to any other interactive services associated with it.

A Contribution must be accurate (where it states facts) and genuinely held (where it states opinions, and it must comply with all applicable laws. A Contribution must not, in particular: (a) be defamatory of any person; (b) be obscene, offensive, hateful or inflammatory; (c) bully, insult, intimidate or humiliate or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; (d) promote sexually explicit or abusive material; (e) promote terrorism, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) amount to or promote, or incite any party to commit or assist, any unlawful or criminal act; (g) be likely to deceive any person; (h) breach any legal duty owed to a third party; or (i) consist of an impersonation of any person or misrepresentation of your identity.

Any Contribution you upload to the ProPeople Community will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you are required to grant us a limited licence to use, store and copy that Contribution and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to the ProPeople Community constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make if, in our opinion, your post does not comply with the content standards set out above. We also reserve the right to temporarily or permanently suspend your account and access to the ProPeople Community page.

If you wish to contact us in relation to a Contribution uploaded to the ProPeople Community, please contact ethan@prograd.uk.

THE CONTENT ON THE PROPEOPLE COMMUNITY IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT.