Terms and Conditions

Basics

Finfluence is a tool to help you find people that are proven to be successful (“Influencers”) in using media to promote financial brands.

These terms (“Terms”), together with our Privacy Policy (available here) tells you information about Finfluence and the terms and conditions on which you can access and use Finfluence.

By using Finfluence, you agree to accept the following terms and conditions without modification and you agree to comply with them in full when accessing, browsing or otherwise using Finfluence. Please read these Terms carefully and make sure that you understand them before using Finfluence.

Finfluence is operated by Cognito Europe Limited (company number 03684146) of Salisbury House, London Wall, London EC2M 5QQ (“Cognito” or referred to in these Terms as "our", "us" or "we"), and licenses to allow use of it can be refused or withdrawn without Cognito being obliged to provide an explanation or notice.

Cognito reserves the right to change these Terms from time to time. Please check these Terms regularly to ensure you understand the terms which apply at that time. These Terms were last updated in December 2020.

Accounts

Accounts are approved for specific users and you may not assign or otherwise transfer your account to any other person or entity. You agree to accept responsibility for all activities that occur under your account or password. Should you become aware that your access details have been or may be compromised, you agree to immediately change your access password and notify Cognito.

Reliance on content and availability of Finfluence

The content on Finfluence is provided for general information only. Cognito provides no warranty regarding the Influencers nor accepts any liability for the action or inaction of Influencers that can be found on Finfluence. If you decide to engage with an Influencer directly, rather than through Cognito, you are responsible for making all contractual arrangements.

Cognito reserves the right to change the content of Finfluence at any time. Cognito makes reasonable efforts to update the information on Finfluence but makes no representations, warranties or guarantees, whether express or implied, that the content on Finfluence is accurate, complete or up to date and accepts no liability where this is not the case. It is your responsibility to ensure that content is accurate and up to date before relying on it in any way or entering in to any commitment based upon it.

Finfluence is provided on an "as is" and "as available" basis without any warranties. Cognito does not accept any liability arising from any interruption to your use of Finfluence nor where Finfluence is unavailable for any period for any reason.

Cognito reserves the right to withdraw or suspend Finfluence (or any part of it) at any time without notice where Cognito deem this to be necessary. Cognito does not accept any liability for such withdrawal or suspension of Finfluence or any of its content.

Links to third party websites

Finfluence includes links to third party websites (“Linked Sites”). The Linked Sites (except for cognitomedia.com) are not under the control of Cognito and Cognito is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cognito will not be liable for any loss or damage that may arise from your use of them.

The inclusion of these links is for your information only and inclusion of such links should not be interpreted as an endorsement by Finfluence of those linked websites or the information you may obtain from them, nor is any association with Cognito implied.

Finfluence uses YouTube API Services to access some of the data provided by Finfluence, as such, by agreeing to these Terms you confirm that you have read and understood YouTube's Terms of Service (available here: https://www.youtube.com/t/terms) and agree to comply with those terms and conditions.

Finfluence uses Twitter API Services to access some of the data provided by Finfluence, as such, by agreeing to these Terms you also confirm that you have read and understood Twitter’s Terms of Service (https://twitter.com/en/tos) and agree to comply with those terms and conditions.

Acceptable Use

You agree not to use Finfluence:

• in any way that might harm any person or infringe an individual’s privacy or other rights;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any content made in accordance with these Terms;
• to transmit or re-circulate any material obtained from Finfluence to any third party, except where expressly permitted by Finfluence;
• to send to us or disseminate any unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation;
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from Finfluence;
• for any purpose that is unlawful (including fraudulent), malicious or prohibited by these Terms or in any way that might bring us or any of our associates into disrepute;
• in any manner which could damage, disable, overburden, or impair Finfluence or interfere with any other party’s use and enjoyment of Finfluence;
• to misrepresent your identity, or claim any false relationship of endorsement or partnership between you and us (which would include using Finfluence or any of its content to promote or encourage the sale of your goods/services without our prior written agreement);
• to harm Finfluence or disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise to hack (or attempt to hack) into Finfluence; or
• to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Finfluence.

Copyright and trade marks

Cognito is the owner or the licensee of all intellectual property rights in Finfluence, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms shall be construed as conferring any licence to use or reproduce any content included on Finfluence, which you may only use in accordance with the information provided by us on Finfluence itself, or other information which Cognito may provide separately. You will not modify, publish, transmit, distribute, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Finfluence. You may not use any of our business names (including “Cognito”, and “Finfluence”) or logos and/or other trade marks (whether registered or unregistered) without our prior written agreement, which Cognito may give or withhold in our sole discretion.

In the event of any use of content in breach of these Terms, your right to access and use Finfluence will cease immediately and you must return or destroy any copies of the content you have made.

Cookies

Finfluence uses cookies (small text files placed on your device) to ensure the functionality and security of the site. These include session cookies, which ensure you stay logged in for each browsing session and do not get disconnected inappropriately, and security cookies within web forms to help reduce the risk of the site being hacked. Finfluence does not use third party cookies or similar tracking technologies.

If you log in to the user management section of Finfluence, your IP address will be captured and treated as personal information in accordance with our Data Privacy Statement found here: www.cognitomedia.com/privacy

Privacy

These Terms refer to our Privacy Policy (available here), which sets out the terms on which Cognito processes any personal data it collects from you, or that you provide to Cognito through use of Finfluence. By using Finfluence, you confirm that you have read and understood our Privacy Policy.

Viruses and Malware

Cognito will use reasonable endeavours to ensure that Finfluence does not contain or propagate any bugs, viruses or other malicious code. However, Cognito does not guarantee that Finfluence will be free from bugs, viruses or malicious code. It is recommended that you should virus check all materials downloaded from Finfluence and regularly check for the presence of viruses and other malware.

Transmission of information

Cognito will take reasonable steps to protect your personal data but Cognito does not (and cannot) guarantee the security of information transmitted to Finfluence; any transmission is at your own risk. Once Cognito has received your information, Cognito will use appropriate technical and organisational measures to ensure that it is adequately protected, in accordance with our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless Cognito, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use Finfluence or services, any user postings made by you, your violation of any these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cognito reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cognito.

Liability

To the extent permitted by law, Cognito exclude all conditions, warranties, representations or other terms which may apply to Finfluence or any content on it, whether express or implied. Cognito will not be liable to any user 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: the use of, or inability to use, Finfluence; or the use of or reliance on any of Finfluence’s content.

Cognito is not liable for something caused by an event beyond its reasonable control, including a natural disaster, disease outbreak, war, riot, terrorist action, civil commotion, malicious damage, government action, industrial action or dispute, fire, flood, storm, or failure of third-party telecommunications services.

General

These Terms are available only in the English language. Users of Finfluence hereby agree that these Terms shall be governed by and interpreted in accordance with English Law, and hereby submit to the exclusive jurisdiction of the English Courts.

These Terms are in lieu of all warranties, conditions, terms and obligations implied by statute, common law, custom, trade practice, course of dealings or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

If any of the terms, conditions or provisions of these Terms shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions or provisions which shall continue to be valid to the fullest extent permitted by law.

Neither party shall in any way represent itself as being the other or an agent, partner, employee or representative of the other and shall not hold itself out as having any authority to incur any obligation of any nature whether express or implied on that other's behalf.

If Cognito fails to insist that you perform any of your obligations under these Terms, or if Cognito does not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If Cognito does waive a default by you, Cognito will only do so in writing, and that will not mean that we will automatically waive any later default by you. These Terms, together with any documents referred to in it, constitute the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter provided that this clause shall not operate to exclude either party's liability to the other for fraudulent misrepresentation.