Terms and Conditions

1. “Additional Services” means the additional services provided other than the Investment Services, as set out more fully in the “Our Services” section below.
2. “FCA” means the United Kingdom’s Financial Conduct Authority.
3. “Force Majeure” means any delay or interruptions in fulfilling our obligations under these terms and conditions if the circumstances are beyond our reasonable control or the control of WealthKernel, or any third party. This includes problems with your telecommunications services, internet service provider, computer hardware and/or software, or difficulties in sending or receiving emails.
4. “Loss” means any allegation, claim, cost, expense, damage or other loss of whatever nature, and howsoever arising.
5. “Minimum Cash Balance” means the minimum cash that must be held as part of your Available Funds for the purpose of paying any fees, costs and/or charges owed to us.
6. “Propelle“, “we“, “our” or “us” means Propelle (Network) Limited, our details are set out in the “About Us” section below.
7. “Propelle Account” means a personal record on the Propelle Platform that will: (i) contain a summary of your Orders that you have placed using the Propelle Platform and details regarding the Products you have invested in; and (ii) display the amount of your Available Funds. 
8. “Propelle Platform” means a customer user interface which enables you to submit instructions via our app or website in order to invest in Products and to take action in relation to Products that you have invested in.
9. “Services” means the Additional Services that we will provide to you through the Propelle Platform, as set out more fully in the “Our Services” section below.

When we use the term “including” or where we give examples, that does not mean that the specific items we mention are an exhaustive list or that we only mean those specific items.

4. About Us
   
   1. Propelle is a limited company incorporated in England (registration number 12106229), with registered address at 36 Scotts Road, Bromley, England, BR1 3QD.
   2.  
5. Our Services

Additional Services

5. In addition to the Investment Services, we will provide the following additional services (“Additional Services”):
   1. access to a community based, financial technology platform that provides financial education content, community features and introductions to third party companies and individuals;
   2. information (but not provide any advice or any form of express or implied opinion, as further explained this agreement) in respect of certain Products;
   3. introductions to our property partner, Simple Crowdfunding, who are a property project platform and will allow us to provide access to their deals to our customers.
6. Further information and terms regarding the Additional Services are set out at section 15 below. In addition, the Additional Services do not involve the provision by us of any financial planning, accounting, investment advisory or tax advisory or planning advice. If you need financial advice please contact an independent financial advisor.   
7. No investment or other advice
   7. We do not provide or offer any investment or other advice, including advice on the suitability of any particular investment or investment strategy. 
   8. We do not offer tax advice. Please consult an independent tax adviser should you require any such advice. 
   9. You agree that, by using the Propelle Platform, you are responsible for your own investment decisions and investment strategy and that you have sufficient knowledge and experience to make those decisions, taking into account the risks associated with investments generally or those specific to a particular Product. If you are unsure of any investment or investment decision, you should seek the services of appropriately qualified and regulated financial adviser before you proceed with the investment or decision.
   10. You confirm that for every Order that you place through the Propelle Platform, we will be entitled to assume that you have considered the risks and merits of the proposed Order and taken independent advice where necessary.
   11. We may from time to time publish general or specific information or commentary on the Propelle Platform, in the general press, through communications with you or otherwise. You agree that none of that information or commentary will ever constitute investment advice by us, and you should never treat it as such.

9.  
10. Additional Services
    9. In respect of the Additional Services provided on the Propelle Platform, and as described in section 4, these Additional Services do not involve the provision by us of any financial planning, accounting, investment advisory or tax advisory or planning advice. If you need financial advice please contact an independent financial advisor.

Free Services and Trials 

16. Your right to access and use any free Propelle Platform features is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate your use of any free versions of any Platform features by any individual or entity. If you are using the Propelle Platform on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Propelle Platform will terminate (i) at the end of the Trial Period stated in any order that you place with us, (ii) if no date is specified, 30 days after your initial access to the Propelle Platform, or (iii) upon your conversion to a paid subscription, whichever is earliest. During the Trial Period, to the extent permitted by law, we provide the Propelle Platform “As Is” and without warranty or indemnity, and all other terms otherwise apply. We may modify or discontinue any trials or promotions at any time without notice.

Beta Services

16. We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available (“Beta Services”). You understand and agree that the Beta Services may contain bugs, errors and other defects, and use of the Beta Services is at your sole risk. You acknowledge that your use of Beta Services is on a voluntary and optional basis, and we have no obligation to provide technical support and we may discontinue the provision of Beta Services for business or operational reasons at any time in our sole discretion and without prior. We will try to give you reasonable notice to youof any suspension or withdrawal of the Beta Services. These Beta Services are offered “As-Is”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us and acknowledge that opting out may result in cancellation of your access to the Beta Services. If you provide feedback (“Feedback”) about the Beta Service, you agree that we own any Feedback that you share with us. For the Beta Services only, these Terms and Conditions supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve conflict. You grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Feedback in connection with the Propelle Platform and across different media, including to promote the Propelle Platform forever. 

Third-party links, sites and services

16. Our Platform may contain links to third-party web sites or services that are not owned or controlled by Propelle. These links are provided for your information only. Propelle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Propelle 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 such content, goods or services available on or through any such web sites or services. 
17. The content on the Propelle Platform is provided for general information purposes only and although we make reasonable efforts to update the information on the Propelle Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date. The content made available through the Propelle Platform is not intended to amount to financial or other professional advice on which you should rely. You must obtain financial or other professional advice if you require it before taking, or refraining from, any action on the basis of the content on the Propelle Platform. 

Market data

16. As part of our Additional Service, the Propelle Platform will display real-time or near real-time market data to you, including the then-current market price for various Products. This data will be displayed on the Propelle Platform exactly as we receive it from third party providers of that data. This type of data is subject to constant change and will be updated frequently. This data may be delayed, and should not be solely relied on for your investment decisions.
17. The market data displayed is highly confidential and made available to you on the condition that you will not use that data for any purpose other than in connection with investment in the Products via the Propelle Platform. In particular, but without limitation, you hereby agree not to:
    1. use any of the data that we provide for commercial purposes;
    2. make that data available to any other person (whether for free or otherwise);
    3. publish that data anywhere; or
    4. provide access to that data to anyone else through your account.
18. Use of the Propelle Platform
    
    7. Investing through the Propelle Platform is available to individuals only (and not companies, partnerships or other entities), who are over 18 years and who trade for their own account. Investing in funds will only be available to UK tax residents.
    8. By using the Propelle Platform, you expressly confirm and warrant to us as follows:
       1. you are doing so in your personal capacity, 
       2. you will use our Services only for your own account and not for, or for the benefit of, anyone else, 
       3. you are over 18 years of age, 
       4. you will immediately stop using the Propelle Platform if you are no longer doing so in your personal capacity, or you wish to use the Propelle Platform for the benefit of someone else.
    9. Propelle will perform certain customer due diligence checks on you prior to providing you with the Investment Services and access to the Propelle Platform and, at our discretion, on subsequent occasions. 
19. Warranty, Indemnification and Limitation on Liability
    7. The Propelle Platform is provided “as is”, and we can’t guarantee it will be safe or secure or will work perfectly all the time. 
    8. To the extent permitted by applicable law, we disclaim all warranties, whether express or implied. Without limiting the generality of the forgoing, although we make reasonable efforts to update the information on the Propelle Platform, we do not make any representation or warranty of any kind relating to the accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement of the Propelle Platform. Access and use of the Propelle Platform may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. 
    9. We only provide our service for domestic and private use. You agree not to use our Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    10. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    11. We cannot guarantee that the Propelle Platform or its content is free from any virus, distributed denial-of-service attack, or other technologically harmful material. [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 may infect your computer equipment, computer programs, data or other proprietary material due to use of our Platform or to your downloading of any content on it, or on any website linked to it.
    12. You are responsible for all losses, legal claims and demands that may arise in connection with your use or misuse of the Propelle Platform in breach of this Agreement including those suffered by Propelle and its affiliates unless it is caused by Propelle or its affiliates. We reserve the right to select our own legal counsel.
20. Propelle is not liable for any damages that may occur to you as a result of your misuse of the Propelle Platform.
21. Confidentiality and data protection
    7. Propelle will take all reasonable steps to ensure that your personal information is handled securely and in line with our privacy policy, a copy of which can be found here. We will record and store all communications with you. Any personal information that we collect will be processed in accordance with our privacy policy. We may collect personal information for the purposes of conducting customer due diligence checks and may send any data (including personal information) that you submit via the Propelle Platform to WealthKernel in order to provide our Investment Services to you which include arranging for the execution of your Orders and for the safeguarding of your investments in the Products and money. WealthKernel’s privacy policy can be found here. 
    8. By continuing to use our website and web application, you agree to our use of cookies. For more information about cookies and how to manage your preferences, please refer to our Cookie Policy here.
22. Changes to our Services
    7. Our Services and access to them through the Propelle Platform may change from time to time. These changes could include, by way of example: (i) adding and/or removing certain features or functionality to the Propelle Platform; (ii) changing the design of the Propelle Platform; (iii) changing the way in which we deliver our Services through the Propelle Platform; (iv) changing the systems that we use to deliver the Propelle Platform; and (v) changing the third parties we use or rely on to be able to deliver the Services through the Propelle Platform. This is not an exhaustive list of the types of changes that we may make.
    8. We will provide you with 30 calendar days’ notice of any material changes to our Services and/or the Propelle Platform. You will not necessarily be notified of any immaterial changes before we make them, or before they take effect, so you should always make sure that the Propelle Platform remains suitable to your specific needs and circumstances, and to stop using the Propelle Platform if that is no longer the case.
    9. If we do make changes and, as a result, we are no longer able to offer our Services and/or the Propelle Platform to you, we will notify you of this (by email, through the Propelle Platform or through other means) at least 30 days before the change takes effect. 
    10. Your right to use the Propelle Platform will cease immediately and automatically from the moment that our Services are changed in such a way that we can no longer provide them to you. In such an event, we may freeze your access to the Propelle Platform (which means that you will no longer be able to issue Orders to us) and/or your Propelle Account (please refer to the section on Consequences of Termination for further details).
23. Availability of Services
    7. While we aim to have the Propelle Platform available without interruption, we cannot guarantee that it will always be accessible and available.
    8. We may, from time to time, suspend the Propelle Platform to perform routine or emergency maintenance or to upgrade or replace our systems. Where this is the case, we will use reasonable endeavours to notify you of any planned downtime, however we may not always be able to provide you with advance notice.
24. Technical requirements 
    7. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
25. Account security
    7. You are responsible for ensuring that your login and password details for accessing the Propelle Platform and Propelle Account cannot be accessed by third parties. We are entitled to assume that any instruction received by us through the Propelle Platform is a valid instruction, issued by you – even if the instruction was issued by someone who gained unauthorised access to your Propelle Account.
    8. You must keep your login details and passwords that you use to access the Propelle Platform and Propelle Account, safe and secure and not allow any other person to know or obtain those details. If you have lost your login or password details, or you suspect your login or password details have been compromised, you should immediately inform us and change your details via the Propelle Platform.
    9. We recommend that you use appropriate, up-to-date security software and definitions to reduce the risk that your system will be susceptible to unauthorised access and intrusion.
    10. You must install the latest version of any mobile applications that we publish from time to time. These updates often include improved security or fixes for recently discovered vulnerabilities.
    11. We will take reasonable steps consistent with our legal duties to protect your Propelle Account and secure it, however we are not liable for security breaches that may occur where we have complied with those obligations.
26. Your general obligations
    7. You agree that you will use the Propelle Platform in accordance with all applicable laws and regulations at all times. You will, in particular, but without limitation, not:
       1. personal circumstances that we request in order to provide you with access to the Propelle Platform;
       2. use the Propelle Platform in an unlawful manner or for an unlawful purpose, in a manner inconsistent with these terms or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data into the Propelle Platform or any operating system;
       3. use the Propelle Platform in a way that could damage, disable, overburden, impair or compromise our systems or Productor interfere with other users;
       4. attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
27.  
28. Getting in touch with us
    7. If you need to get in touch with us about anything, you can email us at support@Propelle.io  We do not currently offer a dedicated phone helpline.
    8. We will do our best to respond to any emails as soon as we are able to, and aim to reply to all emails within five business days. However, there may be times when it takes us longer to reply to email, and sometimes emails get delayed or lost through no fault of ours, so if your query is urgent please use our chat function instead (or in addition to an email).
    9. You can make a complaint by email at support@Propelle.io. We will acknowledge your complaint within 24 hours and investigate your complaint and endeavour to respond to you within three business days. Where we are unable to respond within this timeframe, we will notify you of the longer procedure within three business days and will aim to complete our investigation within eight weeks. We will then provide you with a written response. You can find additional information in our complaints policy.
29. Changes to this Agreement
    7. We may, from time to time, update or make other changes to the terms and conditions of this agreement. We will provide you with 30 days’ notice of any material changes, which may include notifying you by email or through the Propelle Platform. If you do not agree with those changes, you should stop using the Propelle Platform and terminate this agreement. We will assume you agree with changes to this agreement if you continue to use the Propelle Platform after those changes have taken effect.
30. Liability
    7. We do not guarantee the performance or profitability of any Products that you invest in through the Propelle Platform. 
    8. We will not be liable to you for any Loss which you may suffer that:
       1. relates to the investment in any Products which were Ordered and subsequently executed using the Propelle Platform, including for any market movements in price between the time that an Order was placed and the time it was executed;
       2. are business losses rather than personal losses;
       3. arise from any act or omission caused by circumstances beyond our control, including unavailability of the Propelle Platform caused by disruption to or failure of market infrastructure, communications networks or technology systems;
       4. arises from any Force Majeure;
       5. are caused by a third party;
       6. are caused by your own failure to comply with your obligations under this agreement; or
       7. are caused by any of our acts or omissions necessary under applicable law or regulation.
    9. Nothing in this agreement limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) our own fraud; or (iii) Loss that we cannot limit or exclude under applicable law and regulation.
    10. You agree that we will under no circumstances be liable for any: (i) consequential, indirect, incidental or special Loss; or (ii) economic loss, loss of profit, loss of business, loss of revenue or trading losses of whatever nature, in each case that result from or relate to your use of the Propelle Platform, even if you have advised us of the possibility of such Loss. 
31. Whole Agreement
    7. This Agreement constitutes the entire agreement between you and us, to the exclusion of any warranties, conditions or terms implied by applicable law.