Peblo Terms of Use

Peblo Platform Terms of Use

Please read these Terms of Use carefully before using our Platform or the Services.

“Confidential Information”

means all non-public information relating to Peblo or you, documentation, technical information, software, business information, feedback, pricing, reports, trade secrets or know-how or other materials of a confidential nature disclosed by one Party to the other Party and in connection with these Terms of Use or the Services;

“Customer”, "you", or "your"

means you, the Customer, or a user of our Platform or the Services;

“Customer Agreements”

means any agreement entered into between a Peblo group company and a customer for any of the Services;

"Customer Information”

means the personal, company and service provider information as required by Peblo in its sole discretion during Onboarding and any follow-up or other further information requested from time to time;

“Funding Services”

means the provision of funding services, including but not limited to the purchase of invoices and / or any other financial services provided by us from time to time;

“Onboarding”

means the process of setting up an account on the Peblo Platform as set out in these Terms of Use;

“Partnership Site”

means a website offering the Peblo Services operated by Peblo in partnership with one of our commercial partners from time to time;

“Party”

means either you or Peblo, as applicable (and together the “Parties”);

“Peblo”, “we” or “us”

means Chamberlain Media Limited trading as “Peblo”, registered in Ireland under company number 675567 and with our registered office at 111 Lower Baggott Street, Grand Canal Dock, Dublin 2, Ireland, and companies within the Wayflyer group, depending on the context; and

“Services”

means the Funding Services, and any other services, materials, tools or functions which may be provided by Peblo from time to time.

Our Platform and Services
1. These Terms of Use (together with the documents referred to in it) set out the terms and conditions on which you may make use of any websites, applications (including mobile applications) operated by Peblo, including www.getpeblo.com, the Peblo mobile application and/or any Partnership Site (either technology being referred to as "our Platform"), whether as a guest or a registered user. Use of our Platform includes accessing, browsing, creating an account with us or otherwise registering to avail of our Services.
2. Please read these Terms of Use carefully before you start to use our Platform, as these will govern your use of it.
3. Our Platform and the Peblo Services are intended for business use and are not directed towards individual consumers.
4. By using our Platform and/or Services, you confirm that you accept these Terms of Use and that you agree to comply with them.
5. If you do not agree to these Terms of Use, you must not use our Platform or Services.
6. In addition to these Terms of Use, you may enter Customer Agreements with us (including, but not limited to, our Peblo Customer Agreement, or agreements in respect of any other services offered by Peblo) from time to time. If there is any conflict between these Terms of Use and such other Customer Agreement, the latter will take precedence.
7. These Terms of Use, the Customer Agreements and any other documents or communications relevant to the Services will be provided to you electronically and it is a condition of your use of the Services that you accept them in that format. You further accept that all such documentation is "in writing" for the purposes of the European Communities (Directive 2000/31/EC) Regulations 2003 or similar in another jurisdiction. By accepting these Terms and Conditions, you agree that you are willing and able to receive communications in electronic form, and consent to receive communications in electronic form.
8. We recommend that you print a copy of all documentation received from us for future reference.
Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of our Platform and the Services:
1. Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;
2. Our Cookie Notice, which sets out information about the cookies on our Platform; and
3. If you are using a Partnership Site, or accessing the Services through any third party, the Terms of Use and privacy notices of those websites will also apply to you and your use of the relevant site.
Changes to these Terms of Use
1. We may revise these Terms of Use at any time by amending this page and will notify you of this accordingly by placing a notice on our Platform. If you continue to use our Platform after any changes or revisions to these Terms of Use, this will indicate your agreement with the revised Terms of Use.
2. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
Changes to our Platform
1. We may update our Platform or Services from time to time, and may change the content at any time. However, please note that any of the content on our Platform may be out of date at any given time, and we are under no obligation to update it.
2. We do not guarantee that our Platform, or any content on it, will be free from errors or omissions.
Accessing and using our Platform
1. Our Platform is made available free of charge, on an "as is" and "as available" basis.
2. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted and access to our Platform is permitted on a temporary basis only. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
3. You will not access, or post, transmit or otherwise make available information on our Platform or use the Services for any purpose or in any way that is criminal, fraudulent, unlawful, infringes anyone’s right, is offensive, inappropriate, involves any form of solicitation, interferes with our Platform or Services, restricts or inhibits anyone’s use of our Platform or Services, or is otherwise prohibited by these Terms of Use.
4. You will not sublicense, resell, lease, transfer or otherwise commercially exploit our Platform or Services or compete in any way with our Platform or Services.
Onboarding
1. Login and Password
  1. To use our Services you must register an account on our Platform . You will be asked to either set a password or use an existing Gmail account and password as part of our security procedures; you must treat this password as confidential. You must not disclose it or your other login details to any third party.
  2. 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 of Use
  3. If you know or suspect that anyone other than you knows your user login details or password, or if you see any unauthorised activity or transaction using your login you must promptly notify us at info@getpeblo.com.
Customer Information and Verification
1. To avail of our Services we will require you to provide the following at Onboarding:
  1. Customer Information; and
  2. each time you request Funding Services, (i) all other information that is, in our sole discretion, relevant to the Funding Services requested; and (ii) access to your bank accounts.
2. You will notify us of any changes to this information throughout the period you are a customer of ours. You acknowledge that a failure to do so may adversely affect our ability to provide the Services to you. We may also need to make enquiries about you and your company such as credit checks, identity confirmation and the like. You hereby authorise us to make any checks necessary to enable us to provide the Services to you.
3. If we cannot make the verifications required we may refuse or discontinue your use of the Services.
4. You warrant that all data provided by you is accurate.
5. You will indemnify us against any loss we suffer as a result of your failure to comply with this clause 6.
Use of Your Content
1. A customer who successfully creates and maintains an account may, from time to time, apply for Funding Services from Peblo or any other service that Peblo may offer.
2. In the event that any application for any Funding Services is unsuccessful, we will retain your Customer Information for a period of two years, in case you have any queries.
3. We may also use your non-identifiable/aggregated business data for our business purposes, including for use in marketing material, benchmarking or similar services to improve our Services to you and others.
4. By providing your content to us in accordance with clause 7 you hereby grant us a non-exclusive, perpetual, royalty-free licence to use that content for the purposes of providing the Services.
5. You agree that we may disclose such content to third parties who work with us to provide the Services, such as (by way of example only) financial institutions and reference agencies.
6. Any personal data which you may provide to us is shared on a controller to controller basis, and our use of it will be governed by the Privacy Notice.
7. If you do not consent to any of the uses outlined in this clause 7 you should delete your account with us, in which case you will no longer be eligible to receive the Services.
Qualification for Services
1. You hereby warrant and represent that:
  1. you are not accessing our Platform or using the Services in a personal or consumer capacity;
  2. you will not use our Platform or use the Services in a manner intended to replicate its functionality or provide similar services to third parties;
  3. you will provide all information reasonably requested by Peblo in a timely manner;
  4. you have requisite power and authority and have obtained all necessary consents, approvals and authorisations to provide all the information required and to contract on behalf of your company or other legal entity;
  5. all information that you provide is accurate and up to date and that you will notify us of any changes to such information provided or any change to the circumstances of your company;
  6. the company is duly incorporated and validly existing under the laws of its jurisdiction and no judgments have been registered against the company;
  7. the company's bank account is in the company's jurisdiction; and
  8. the business is compliant with all applicable law, and the use of the Services and entry into any Customer Agreements will not give rise to a breach of applicable law .
    
    You warrant that you have the required power and authority on behalf of the company and have obtained all necessary consents, approvals and authorisations to make use of the Services and to enter into any Customer Agreements in connection with them and that the criteria set out in clause 8.1 are all true in respect of your company.
Provision of the Services
1. The promotion of the Services, the creation of an account by you, meeting the qualification criteria in clause 8, or any subsequent communication from us does not oblige us to provide any Services to you. All Services are provided at our sole discretion.
2. You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the use of our Platform and the Services.
3. Before applying for or accepting any Services you should take independent legal, financial and tax advice.
4. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use.
Confidentiality
1. Each Party ("Receiving Party") acknowledges that in the course of performing its duties under these Terms of Use and in discussions or communications relating to the provision of the Services, it may obtain Confidential Information from the other Party ("Disclosing Party").
2. The Receiving Party will treat all Confidential Information as secret, confidential, and proprietary, and will not disclose or use the same without the prior written consent of the Disclosing Party, other than to the Receiving Party’s employees and contractors on a need to know basis for the purpose of performing its obligations under these Terms of Use, or as required by law. The Receiving Party will implement such procedures as it considers reasonably necessary (and in any event, procedures at least as stringent as it would apply to its own Confidential Information) to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, nothing in these Terms of Use will prevent the disclosure by the Receiving Party or its employees of information that:
  1. prior to its disclosure to the Receiving Party, was in the public domain or of general public knowledge or becomes, subsequent to its disclosure to the Receiving Party, a matter of general public knowledge other than as a consequence of a breach by the Receiving Party of any obligation under these Terms of Use;
  2. was independently developed by the Receiving Party without use of the Confidential Information received under these Terms of Use; or
  3. is received in good faith from a third party having the right to disclose it, who, to the Receiving Party’s knowledge, did not obtain such information from the Disclosing Party and who imposes no obligation of secrecy on the Receiving Party with respect to such information.
3. The rights and obligations under these Terms of Use with respect to any Confidential Information will apply for a period of three years after disclosure. Except to the extent required by applicable law, the Receiving Party will, upon request by the Disclosing Party, destroy or return all Confidential Information.
4. The Parties acknowledge that nothing in these Terms of Use requires the Parties to proceed with any transaction or relationship and monetary damages may not be a sufficient remedy for any breach
5. In some instances, customers may be referred to Peblo by a referral or other commercial partner, in exchange for a commission or fee paid by Peblo to that partner. Peblo may be required to share information about your transactions with such referral partner, so that performance of the partnership can be measured, and commission payments can be audited and you agree to such information being shared on this basis.
Intellectual Property Rights
1. We are the owner or the licensee of all intellectual property rights in our Platform and Services, in the material published on it and the Services. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
2. You may print off a reasonable number of copies and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others to content posted on our Platform.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status and that of any identified contributors, as the authors of content on our Platform must always be acknowledged.
5. You must not reproduce, duplicate, copy, sell, resell, exploit or otherwise use any part of the content on our Platform for commercial purposes.
6. You must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Platform.
7. If you print off, copy or download any part of our Platform in breach of these Terms of Use, your right to use our Platform and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No Reliance on Information
1. The content on our Platform and provided to you in the course of any of the Services 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 on our Platform or in relation to the Services.
2. Although we make reasonable efforts to update the information on our 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.
Liability for Breach
1. If you breach any provision of these Terms of Use we may:
  1. close, suspend or limit your access to our Platform; or
  2. decline to process any request for Services or terminate any Services we are providing to you.
2. You hereby indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's fees and expenses) incurred in connection with any claim related to:
  1. your breach of any provision of these Terms of Use;
  2. your use of the Services; and
  3. the Customer Information, or any other information you supply to us.
Limitation of Liability
1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.
3. We will not be liable to you 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:
  1. use of, or inability to use, our Platform;
  2. use of the Services; or
  3. use of or reliance on any content displayed on our Platform or Services.
4. Subject to clause 14.1, we will not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
  1. any economic losses (including loss of revenues, profits, contracts, business or anticipated savings);
  2. any loss of goodwill or reputation; or
  3. any special or indirect or consequential losses in any case, whether or not such losses were within the contemplation of the Parties at the date you registered on our Platform, or subscribed for the Services, or were suffered or incurred by you arising out of or in connection with the provision of the Services.
5. Subject to clause 14.1, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the operation of our Platform, or will be limited in any 12 month period (the first of which will commence on the date you first register on our Platform and subsequently on each anniversary thereof) to an amount equal to any fees paid by you to us during that 12 month period. Liability in relation to the performance or contemplated performance of the Services will be subject to the terms of Customer Agreements specifically relating to the relevant Services.
6. 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 your use of our Platform or to your downloading of any content on it, or on any website linked to it.
7. We assume no responsibility for the content or practices of websites linked on our Platform. Such links should not be interpreted as an endorsement by us of those linked websites and we make no warranties, including implied warranties of merchantability and fitness for a particular purpose, in respect of the offerings of those third parties. We will not be liable for any loss or damage that may arise from your use of them.
Viruses
1. We do not guarantee that our Platform will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programs and platform in order to access our Platform. You should use your own virus protection software.
3. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather our content or reproduce or circumvent our navigational structure or presentation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
Third-Party Links and Resources in our Platform
1. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information or convenience only.
2. We have no control over, and assume no liability or responsibility for the contents or practices of those sites or resources.
3. We may use third-party tools (including, but not limited to),
  1. Plaid https://plaid.com/
  2. Hubspot https://www.hubspot.com/
  3. Lever https://www.lever.com/
  4. Ocrolus https://www.ocrolus.com/
  5. Slack https://slack.com/
  6. Google https://workspace.google.com/
  7. SendGrid https://sendgrid.com/
  8. to assist with accessing your data and providing the Services if required. By using our Platform and Services, you agree to such third party service providers accessing and transmitting your data (which may include personal data). In particular, you agree to applicable third party service providers accessing and transmitting your financial information from the relevant financial institution. You agree to ensure that you have made all appropriate disclosures and obtained any necessary or appropriate consents from your end-customers as required for this purpose.
Use of the Services is subject to the Terms of Use and privacy policy of such third parties.
General
1. Our remedies under these Terms of Use are cumulative and will not exclude any other remedies to which the Party may be lawfully entitled.
2. Our failure to insist on strict performance of any provision of these Terms of Use will not be a waiver of our right to demand strict compliance therewith in the future.
3. Notices will be provided electronically.
4. In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.
Entire Agreement
1. These Terms of Use and any other documents referred to herein constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between you and us relating to its subject matter.
2. You acknowledge that in accepting these Terms of Use you do not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
3. Nothing in this clause will limit or exclude any liability for fraud
Applicable Law

These Terms of Use are governed by Irish law. You hereby submit to the exclusive jurisdiction of the Irish courts.
Contact Us

To contact us, please email info@getpeblo.com

Effective Date 30 August 2022