1.2 Please note that this agreement does not cover the services that are provided to you through the platform by Pynk Invest Limited or Wealthkernel Limited, which are governed by a separate agreement which can be found here. Further information relating to the services provided by Crowdsense Limited can be found here.
1.3 In these Terms:
1.3.1 “we”, “our” or “us” means Crowdsense Limited trading as Pynk, a company incorporated in England and Wales under number 11339494 whose registered office is at 20-22 Wenlock Road, London, N1 7GU, United Kingdom.
1.3.2 “you” or “your” means you, and if you are using our services on behalf of a legal person, business or other organisation (“Organisation”) includes you and also such Organisation. By using our Services on behalf of any organisation, you represent and warrant that you have all necessary capacity and authority to enter into these Terms on behalf of such organisation as a legally binding contract between such organisation and us in all applicable jurisdictions and that the organisation enters into such contract.
We may update these Terms or any of the policies or other documents referred to in them from time to time by posting a notice of the update on our website or by notifying you by any other reasonable means. Please check our website regularly for details of updates. If you do not agree to any such update, you should stop using our Services before the update takes effect.
1.4 To contact us, please email us at firstname.lastname@example.org. For more information on contacting us, please see pynk.io/help-resources.
2.1 We may provide you with any or all of the following services (jointly “the Services”) in accordance with these Terms:
2.1.1 access to our websites, platforms and communities to make predictions relating to certain financial assets;
2.1.2 the ability to:
(a) carry out tasks that earn Crowd Points;
(b) those Crowd Points can then be used to make predictions which earn Wisdom Points;
2.1.3 the ability to participate in the Fantasy Fund Manager tool;
2.1.4 access to content published on our websites, platforms and communities by us and other users (including user-generated prediction data relating to financial assets and articles relating to financial assets) and the ability to publish content; and
2.1.5 the ability to participate in reward programmes from time to time.
3.1 We do not guarantee that our Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but are not required to do so.
3.2 You are also responsible for ensuring that all persons who access our Services through your account are aware of these Terms and other applicable policies, terms and conditions, and that they comply with them.
4.1 In order to register for our Services, you must be
4.1.1 at least eighteen (18) years of age; and
4.1.2 not resident in one in a UN Sanctioned country.
4.2 Where you are required to provide us with personal information in order to register for our Services, you agree that any personal information you provide will be accurate, complete and current. You agree you will only use and maintain one single account to access or otherwise utilise our Services, and your creation and/or use of any subsequent accounts may result in our disabling all of your accounts and withdrawing your access to our Services.
4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information used as part of our security procedures, you must treat such information as confidential. You must not disclose these to any third party. You accept full responsibility for any actions taken by anyone using your account details.
4.4 If you know or suspect that anyone other than you knows your user identification code, password or other account details to access the Services, you must contactus immediately through Hello@pynk.io. We may share such notification with Pynk Invest Limited and Wealth Kernel Ltd.
4.5 We have the right to disable any user identification code and/or password, whether chosen by you or allocated by us, at any time, if:
4.5.1 in our reasonable opinion you have failed to comply with any of the provisions of these Terms;
4.5.2 you inform us or Pynk Invest Ltd, or we reasonably believe, those details have been compromised;
4.5.3 we identify that any of the personal information you have provided is false, misleading and/or incomplete;
4.5.4 Pynk Invest Ltd elects to disable your account in accordance with clause
[4.6] of Pynk Invest Ltd’s terms and conditions; and/or
4.5.5 We believe that your account is being used for fraudulent and/or illegal purposes.
6.1 Crowd Points are earned through completing tasks as specified on the website. The website shall specify how many Crowd Points each task is worth and the conditions that must be fulfilled to complete the task. The website shall also specify if a task can be completed more than once and/or if there are any restrictions applicable to each specific task.
6.2 When you earn Crowd Points, these will automatically be added to the balance held in your account with us. We will notify you by app notification each time Crowd Points have been added to your account. You will be able to check your current balance of Crowd Points via the app as soon as you receive this notification.
6.3 All users’ balances of Crowd Points are reset to [zero][the same value] at the end of the last business day of each month. Any Crowd Points that were in excess of this level immediately prior to the reset date shall be cancelled and cannot be staked on future predictions.
6.4 Where you have accumulated Crowd Points, we may at any time review your activities in engaging with our Services, and at our absolute discretion, we may withhold or recover Crowd Points if we suspect, or have reason to suspect you are using our Services illegally, fraudulently, or otherwise in breach of these Terms.
6.5 Additionally, we reserve the right to audit your Crowd Point balance and any records relating to Crowd Points without notice so as to check for compliance with these Terms and any other applicable rules, regulations or terms and conditions. During an audit, you may be unable to receive and/or redeem Crowd Points and, if we discover a discrepancy in your balance/our records, your Wisdom Point balance may be amended following the conclusion of our audit.
6.6 In cases of dispute about the issue of Crowd Points to you, we may require proof of you having fulfilled the criteria necessary to be issued with Crowd Points and/or evidence of their issuance. Failure to provide such evidence within a reasonable time period of it being requested, or failing to provide evidence which satisfies us of the legitimate issuance of the relevant Crowd Points, may result in us rejecting your complaint at our absolute discretion.
6.7 Crowd Points have no monetary value associated with them and cannot be redeemed in any manner other than to stake them as part of predictions.
6.8 Except as we may otherwise provide and communicate to you, Crowd Points are not transferable between users or to any other person in any manner. Any purported purchase, sale, transfer, unauthorised use (including bartering), procurement or redemption of Crowd Points issued or awarded to another personor any other use of Crowd Points contrary to these Terms will be a breach of these Terms and may result in the suspension and/or termination of your account and the cancellation or forfeiture of the relevant Crowd Points.
6.9 You will be able to use Crowd Points to submit predictions on the price at a specified point in time of certain financial assets we make available via the prediction tool which can be found in the app.
6.10 You can submit one prediction on each financial asset we make available everyday whilst UK markets for that particular financial asset are open. When making a prediction you must specify how many Crowd Points you wish to stake on the accuracy of that prediction. You must stake at least one Crowd Point per prediction, but may stake more based on your confidence in the accuracy of the prediction. Where an asset’s market is currently closed, the prediction tool will not accept a prediction for that asset.
6.11 When making a prediction, you must not submit a prediction, or predict in a manner, which:
6.11.1 in any way breaches any applicable local, national or international law orregulation;
6.11.2 in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.11.3 manipulates, or is intended to manipulate, the price and/or market insuch asset;
6.11.4 breaches, or is intended to breach, any local, national or international restrictions on market conduct;6.11.5 breach any legal duty owed to a third party, such as a contractual duty ora duty of confidence; and/or
6.11.6 is not a genuinely held prediction of the price of the asset that is the subject of the prediction;
6.12 By staking a number of Crowd Points as part of a prediction, you agree to that amount of Crowd Points being deducted from your current balance of CrowdPoints. You may not stake an amount of Crowd Points which is in excess of your current balance of Crowd Points.
6.13 The total number of Crowd Points staked by all users of the website (“predictors”) in a defined period for a particular asset will partially influence the variable number of Wisdom Points that you earn by making predictions.
6.14 In addition to the restrictions above, you agree that any predictions submitted by you or on your behalf complies with domestic and international laws, rules and regulations regarding the unlawful dissemination of inside information and other offences relating to market abuse and market manipulation, including but not limited to Market Abuse (Amendment) (EU Exit) Regulations 2019 (SI 2019/310), the Market Abuse Regulation (EU) 596/2014, the Criminal Justice Act 1993, the Financial Services Act 2012, the Securities Act of 1933, and the Securities Exchange Act of 1934 (“Inside Information”). Inside information includes, amongst other things, information not publicly known relating directly or indirectly to financial instruments or issuers of financial instruments which, if publicly known, would belikely to significantly effect the price of those financial instruments. An unlawful dissemination of Inside Information occurs for example when a person who possesses Inside Information shares that information to any other person otherthan in the course of their employment or profession. Any breach or suspected breach of these laws, rules or regulations may result in the immediate, temporaryor permanent withdrawal of your right to use our Services, as well as legal ramifications against you by financial regulation and law enforcement authorities.
7.1 We will issue Wisdom Points to you in the following three circumstances:
7.1.1 A set number of Wisdom Points will be issued each time you submit aprediction through the platform in accordance with these Terms. The exact number of Wisdom Points to be issued will be disclosed on thewebsite and may vary according to the type of prediction and/or the asset class to which the prediction is made. We may change the number ofpoints issued for a prediction from time to time in our absolute discretion.
7.1.2 In addition a variable number of Wisdom Points will be issued to you depending on how accurate a prediction you make is.
These points will be issued according to a formula set by us, in our absolute discretion, taking into account the number of predictions made, the total number of Crowd Points staked, the variance between the actual price/index of an asset class and the value you forecast [for the same point][at the relevant time] and your relative accuracy compared to other predictors for the same asset class. We may vary the formula from time to time as we see fit.
Your entitlement to such Wisdom Points will be calculated immediately after the close of your prediction (i.e. just after the specified point in time that your prediction related to) and will be issued as soon as possible upon calculation.
7.1.3 As rewards for participation in specified events, for completing specified tasks (for example, participating in forecasts) and/or winning competitions. In relation to clause 7.1.3, each method of earning rewards will be subject to the terms and conditions that relate to the relevant method (the “Reward Terms”), in the event of a conflict, the Reward Terms take precedence over these Terms.
7.2 It is not possible to acquire Wisdom Points in any other manner, and you are not able to receive Wisdom Points in exchange for cash payments.
7.3 When you earn Wisdom Points, these will automatically be added to the balance held in your account with us. We will notify you by app notification each time Wisdom Points have been added to your account.
7.4 Where you have accumulated Wisdom Points, we may at any time review your activities in engaging with our Services, and at our absolute discretion, we may withhold or recover Wisdom Points if we suspect, or have reason to suspect youare using our Services illegally, fraudulently, or otherwise in breach of these Terms.
7.5 Additionally, we reserve the right to audit your Wisdom Point balance and any records relating to Wisdom Points without notice so as to check for compliance with these Terms and any other applicable rules, regulations or terms and conditions. During an audit, you may be unable to receive and/or redeem Wisdom Points and, if we discover a discrepancy in your balance/our records, your Wisdom Point balance may be amended following the conclusion of our audit.
7.6 In cases of dispute about the issue of Wisdom Points to you, we may require proof of you having fulfilled the criteria necessary to be issued with Wisdom Points and/or evidence of their issuance. Failure to provide such evidence within a reasonable time period of it being requested, or failing to provide evidence which satisfies us of the legitimate issuance of the relevant Crowd Points, may result in us rejecting your complaint at our absolute discretion.
Value of Wisdom Points
7.7 Wisdom Points represent a specific, set, monetary value that can be claimed from us in specific circumstances and subject to certain restrictions.
7.8 The current monetary value that each Wisdom Point represents is displayed on the website at all times. We may vary this value from time to time without notice in our absolute discretion.
Redeeming Wisdom Points
7.9 You may only redeem Wisdom Points through us via the platform and our Services. We may, at our discretion, permit you to redeem your Wisdom Points through one or more of the following methods:
7.9.1 for a cash payment equivalent to their current monetary value;
7.9.2 to pay for any fees/charges associated with any Services we offer and/or services available through the platform;
7.9.3 to acquire rights in an individual discretionary management portfolio available through the platform.
7.10 Except where the Wisdom Points are redeemed for a cash payment equivalent to their monetary value at that time, we may apply a premium to the value of Wisdom Points when redeemed via a particular method. Any such premium will be specified at the point of redemption, and we may vary it without notice from time to time.
7.11 Your ability to redeem Wisdom Points via any redemption method is subject to:
7.11.1 you complying with these Terms;
7.11.2 you meeting certain discretionary thresholds set by us as to the number of Wisdom Points a person wishing to redeem Wisdom Points must hold before being permitted to redeem them via that particular method;
7.11.3 us presenting that redemption method as being available to you (having met the necessary thresholds);
7.11.4 you agreeing to any additional terms and conditions as may be presented to you in respect of your selected redemption method;
7.11.5 you completing, to our satisfaction, any KYC and financial crime assessments as we deem appropriate for that redemption method; and
7.11.6 us not being subject to any form of insolvency process at the point ofredemption.
7.12 We may add to, reduce and/or alter any method in which you may redeem Wisdom Points at any time.
7.13 Following a redemption, the number of Wisdom Points redeemed shall be deducted from your current balance of Wisdom Points.
7.14 Except as we may otherwise provided and communicate to you, Wisdom Points are not transferable between users in any manner. Any purported purchase, sale, transfer, unauthorised use (including bartering), procurement or redemption of Wisdom Points issued or awarded to another person or any other use of Wisdom Points contrary to these Terms will be a breach of these Terms and may result in the suspension and/or termination of your account.
7.15 If you do not redeem a Wisdom Point within twelve calendar months of it being issued to you, it will be cancelled, removed from your account balance and will no longer be capable of being redeemed.
8.1 The Fantasy Fund Manager tool is a demonstration version of a trading account that simulates a real-life trading account and the fluctuating prices of assets. At no point will it enable trading in the real assets referenced within the tool, nor will engaging in simulated trading via the Fantasy Fund Manager tool result in a third party trading in assets on your behalf and/or arranging transactions in investments for you as a counterparty.
8.2 You shall have no claim to the funds, profits or assets that form part of your account within the Fantasy Fund Manager tool as they are virtual simulations.
8.3 The prices of assets displayed within the Fantasy Fund Manager tool are based on the actual pricing of the available assets in real-life trading, but they may not represent the current ‘live’ price of such assets nor may the reflect specific changes to the price of those assets. You should not rely on the prices displayed within the Fantasy Fund Manager tool as a representation of the prices you may receive through trading via a third party’s services, and we accept no responsibility for any variances between the prices in the Fantasy Fund Manager tool against prices offered by third parties. Similarly the performance of assets in the Fantasy Fund Manager tool may not reflect the performance of assets in the real markets.
9.1 The content provided as part of our Services is provided for general information only. It is not intended to amount to advice, including investment or tax advice, on which you should rely. All content provided as part of our Services, whether provided by us or by other users of our Services, are the data, ideas, views, opinions and recommendations of the person or entity who published it and are not intended as specific advice to you upon which you take or refrain from taking any actions. Unless stated otherwise, we take no responsibility for the data, ideas, views, opinions and recommendations of third parties who publish materials on our website.
9.2 You should obtain professional or specialist advice outside of our Services before taking or refraining from taking any action on the basis of the content provided as part of our Services. We will not be responsible or liable for any of your actions or inactions, or the results of any of your actions or inactions, based on the content provided as part of our Services.
9.3 In accessing content provided as part of our Services, you may be exposed to materials:
9.3.1 which may be inaccurate, misleading, offensive, inappropriate, or otherwise in breach of our Content Standards below, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services;
9.3.2 while we have taken steps which are aimed at preventing Inside Information being shared on our website, it is possible that content provided as part of our Services will be shared by users who have access to Inside Information, as defined above, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services, nor will we be responsible or liable for any actions
you take or refrain from taking as a result of such content;
9.3.3 while we have taken steps which are aimed at preventing Inside Information being shared on our website, it is possible that content provided as part of our Services will be shared by users who have an interest or a position of influence in the relation to the products or services about which they share content, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services, nor will we be responsible or liable for any actions you take or refrain from taking as a result of such content.
9.4 We will take reasonable steps to assess any possible risks for users from third parties when they use any interactive elements provided as part of our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant interactive element (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive elements we provide as part of our Services, and we expressly exclude our liability for any loss or damage arising from the use of and/or reliance on any interactive elements by a user in contravention of our Content Standards, whether the service is moderated or not.
9.5 Where our Services contains links to other websites or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, or any information you may obtain from them. We have no control over the contents of those websites or resources and we will not be responsible or liable for any of your actions or inactions, or the results of any of your actions or inactions, based on your interactions with those websites or resources.
9.6 Although we make reasonable efforts to update the information provided as part of our Services, we make no representations, warranties or guarantees, whether express or implied, that the content provided as part of our Services is accurate, complete or current.
9.7 We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it, except such User Content as described below, the ownership of which will remain with the user who contributed it. Those intellectual property rights include but are not limited to copyrights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, moral rights, geographical indications, services marks, trade names, design rights, database rights, databases, data exclusivity rights, domain names, business names, rights in computer software, the compilation of all content, the right to create derivative rights, the right to sue for infringement, unfaircompetition and passing off, and all similar rights of whatever nature wherever in the world arising. All such rights are protected by intellectual property rights and treaties around the world, and all such rights are reserved.
9.8 Subject to clauses 9.9 – 9.12, you may print and download extracts of any page(s)from our website for your personal use and you may draw the attention of others within your organisation to content provided as part of our Services.
9.9 You must not modify the paper or digital copies of any materials you have printedoff 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.
9.10 Our status (and that of any identified contributors) as the authors of content provided as part of our Services must always be acknowledged.
9.11 You must not use any part of the content provided as part of our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
9.12 If you print off, copy or download any part of content provided as part of our Services in breach of these Terms, your right to use our content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Sharing Content to our Services
9.13 Whenever you make use of a feature that allows you to upload or share content to our Services (“User Content”), or to make contact with other users of our Services, you must comply with the Content Standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
9.14 Any User Content you upload to or share on our Services will be considered non confidential and non-proprietary. You retain all of your ownership rights in your User Content. You grant to us an irrevocable, perpetual, transferable, royalty-free licence to use, copy, store, display, reformat, translate, excerpt, distribute, and incorporate into other works that content and to make it available to other users of our Services and third parties.
9.15 We also have the right to disclose your User Content, your identity and any other information we hold about you to:
9.15.1 any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy;
9.15.2 any legal body, governmental or regulatory authority for any reason as may be requested by such body or authority, or as otherwise required by law.
9.16 We have the right to remove any User Content you post on or contribute to our Services if, in our opinion, your User Content does not comply with the Content Standards set out in our Acceptable Use Policy below.
10.1 This Acceptable Use Policy sets out the Content Standards that apply when you upload User Content to our Services, make contact with other users of our Services, link to our Services, or interact with our Services in any other way.
10.2 You may use our Services only for lawful purposes. You may not use our Services:
10.2.1 in any way that breaches any applicable local, national or international law or regulation;
10.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.2.3 for the purpose of harming or attempting to harm minors in any way;
10.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards below;
10.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
10.3 In addition to the restrictions above, you agree that any User Content shared by you or on your behalf complies with domestic and international laws, rules and regulations regarding the unlawful dissemination of inside information and other offences relating to market abuse and market manipulation, including but not limited to Market Abuse (Amendment) (EU Exit) Regulations 2019 (SI 2019/310), the Market Abuse Regulation (EU) 596/2014, the Criminal Justice Act 1993, the Financial Services Act 2012, the Securities Act of 1933, and the Securities Exchange Act of 1934. Inside Information includes, amongst other things, information not publicly known relating directly or indirectly to financial instruments or issuers of financial instruments which, if publicly known, would be likely to significantly effect the price of those financial instruments. An unlawful dissemination of Inside Information occurs when a person who possesses Inside Information shares that information to any other person other than in the course of their employment or profession. Any breach or suspected breach of these laws, rules or regulations may result in the immediate, temporary or permanent withdrawal of your right to use our Services, as well as legal ramifications against you by financial regulation and law enforcement authorities.
10.4 You also agree not to access without authority, interfere with, damage or disrupt:
10.4.1 any part of our Services;
10.4.2 any equipment or network on which our Services are stored;
10.4.3 any software used in the provision of our Services; or
10.4.4 any equipment or network or software owned or used by any third party.
10.5 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or adistributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 Services will cease immediately.
10.6 You must not misuse our Services by sending, facilitating, or attempting to sendor facilitate direct communications, either on our platforms or outside of our platforms, to any other users of our Services for any purpose unless you have been given express permission by such a user to do so.
10.7 These Content Standards apply to any and all User Content which you contribute to our Services, and to any interactive elements associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any User Content as well as to its whole. We will determine, in our absolute discretion, whether User Content breaches the Content Standards.
10.8 Any User Content that you contribute to the Services must:
10.8.1 be truthful, accurate, not misleading and complete (where it states facts);
10.8.2 be genuinely held (where it states opinions);
10.8.3 comply with the law applicable in England and Wales and in any country from which it is posted or shared.
10.9 Any User Content that you contribute to the Services must not:
10.9.1 breach any applicable law, trading rules and/or market rules;
10.9.2 include any Inside Information;
10.9.3 be defamatory of any person;
10.9.4 be obscene, offensive, hateful or inflammatory;
10.9.5 promote sexually explicit material;
10.9.6 promote violence;
10.9.7 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.9.8 infringe any copyright, design right, database right, trade mark or other intellectual property right of any other person;
10.9.9 be likely to deceive any person;
10.9.10 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
10.9.11 promote any illegal activity;
10.9.12 be in contempt of court;
10.9.13 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
10.9.14 be likely to harass, upset, embarrass, alarm or annoy any other person;
10.9.15 impersonate any person, or misrepresent your identity or affiliation with any person;
10.9.16 give the impression that the User Content emanates from us, our company or any other third party, if this is not the case;
10.9.17 advocate, promote, incite any party to commit, or assist any unlawful orcriminal act such as (by way of example only) market abuse, copyright infringement or computer misuse;
10.9.18 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation orinstigation of acts of terrorism; 10.9.19 contain any advertising or promote any services or web links to other websites;
10.9.20 contain any inducements, solicitations, invitations or attempts to induce, solicit or invite users to make financial or investment decisions, refrain from making financial or investment decisions, taking financial or investment actions or refraining from taking financial or investmentactions.
11.1 You are solely responsible for your financial, taxation and legal affairs arising from or connected to your use/receipt of the Services. This means that you should seek professional advice from financial, taxation and legal professionals in relation to the impact the Services may have on your situation. You should also ensure that your receipt of Services (or any part there of) is permitted under the local laws and regulations where you live.
12.1 You may terminate your account with us at any time emailing us at email@example.com. Your notification will take effect immediately upon us receiving it.
12.2 We may immediately terminate your account with us at any time at our absolute discretion if we suspect, or have reason to suspect you are using our Services illegally, fraudulently, or otherwise in breach of these Terms.
12.3 We may also terminate your account at any time, for any reason, upon providing you with [30 days] written notice.
12.4 On termination of your account (by you or us), these Terms will cease to apply going forward, we will no longer be obliged to provide you with the Services and you will cease to be able to access your account. Upon termination, any Crowd Points or Wisdom Points you held immediately prior to termination shall be cancelled and will not be capable of being redeemed.
13.1 Neither you nor we will be liable for non-performance of the Services or breach of these Terms where it is caused by force majeure (for example war, riot, force of nature, strike, unavailability of IT-systems, unavailability of communication services, power outage, cyberattack, pandemic), acts of public authorities or any other factor independent of you/us, provided the party in breach could not have affected the issue arising and the issue could not have been reasonably expected to have been avoided.
13.2 Neither you nor we will be liable for non-performance the Services or breach of these Terms where it is caused by an act or omission that was required in order to comply with any applicable law.
13.3 We exclude and/or limit our liability to the maximum possible extent that we are permitted to under applicable law. We will not be liable to you for any losses or costs you suffer in relation or in connection to our Services that we could not reasonably foreseen and did not have explicit knowledge could occur. We shall not be liable to you for any loss of profits, business, contracts, anticipated savings, good will, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these are direct, indirect or consequential), or any indirect or consequential loss or damage what so ever, arising under or inconnection with these Terms, even if we were aware of the possibility that suchloss or damage might be incurred by you.
13.4 We will not be liable to you for any losses or costs caused to you where they were caused by the fact that you had not duly performed any of your obligations under the Terms and/or to the extent that your actions or omissions caused and/or increased your losses or costs.
13.5 We do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, or personal injury resulting from our or our employees’ negligence or wilful default).
13.6 Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising.
14.1 We are not financial or investment advisors, and our Services are not intended to provide financial or investment advice. Content provided as part of our Services is of a factual nature and for general information only. Nothing in our Services should be construed as a recommendation by us or any of our users for you to take or refrain from taking any actions in relation to your financial or investment situation. Making financial and investment decisions may put capital at risk, and you are wholly and solely responsible for any capital, or the impact on any capital, resulting from your financial or investment decisions. You should seek independent professional advice regarding any financial, investment, taxation or legal ramifications specific to your situation prior to acting on any content accessed through our Services.
14.2 Our Services are made available and provided on an “as is” basis and without warranty or other obligation, whether express or implied, to the maximum extent allowed by law. We have no obligation, however arising (whether under contract, tort, in negligence or otherwise) to ensure that the Services are uninterrupted, error-free, available, current, maintained, compatible or operate correctly with any particular software, hardware or other systems, secure or meet your needs, whether or not such needs have been communicated to us.
14.3 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. We are not responsible or liable for any network, service, software, computer or mobile phone equipment, server, provider or any other technical issue or malfunction in connection with your or anyone else’s use of our Services, and we will not be responsible or liable for any losses or damages arising from such issue or malfunction.
14.4 All warranties, conditions, terms, undertaking or obligations in relation to our Services, whether express or implied, including but not limited to any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the maximum extent allowed by law.
15.1 You indemnify and hold us, our company, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and againstany loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with your engagement with our Services, any content on our Services shared by you or other users, any third party websites or resources found through our Services, any users of our Services, or any breach of these Terms or any law or regulation in any jurisdiction.
16.1 When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms may result in our taking all or any of the following actions:
16.1.1 immediate, temporary or permanent withdrawal of your right to use our Services;
16.1.2 immediate, temporary or permanent removal of any Contribution uploaded by you to our Services;
16.1.3 issue of a warning to you;
16.1.4 legal proceedings against you for reimbursement of all costs on anindemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
16.1.5 further legal action against you;
16.1.6 disclosure of such information to law enforcement authorities as we resonably feel is necessary or as required by law.
6.2 We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
17.1 We may provide you with notices/communications in connection with the Services via the most recent e-mail address you provided to us via your account. Any communication sent to this address will be deemed to have been received by you
.17.2 You undertake to keep the contact details up to date. If the contact details should change, then you shall, without delay, provide us with your updated contact details. You can update your contact details via the platform.
17.3 You can contact us by emailing us at firstname.lastname@example.org.
17.4 The platform can be used in English and these Terms and all communications made in respect of them will be in English.
18.1 We consider a complaint to be an expression of dissatisfaction made by you in relation to any of the Services we provide. You can make a complaint by emailing us at email@example.com.
18.2 When we receive a complaint, we will look to investigate the issue and resole it. We will try to resolve any complaints you have about the Service we provide to you within  days of receiving your complaint and, in exceptional circumstances, within  days (and we will let you know if this is the case).
18.3 We may require you to provide further information and/or evidence of your complaint, and you will comply with such requests as soon as possible. If you do not provide details when requested to do so, this may affect our ability to resolve the complaint.
19.1 A party who is not a party to these Terms can not enforce the rights or enjoy the benefits of any of its provisions, in accordance with the Contracts (Rights of Third Parties) Act 1999.
19.2 You may not assign or transfer your rights or responsibilities under these Terms to any other party. We may at any time assign or transfer any or all of our rights under these Terms, provided that we give prior written notice of such dealing to you.
20.1 Neither you nor us may disclose to any other person information of a confidential nature relating to the other party that is acquired in consequence of entering into these Terms, except for information which we or you are bound to disclose by law or regulation, or which is requested by regulatory or fiscal authorities or a court of competent jurisdiction, or which is disclosed to professional advisers where reasonably necessary for the performance of their professional services.
20.2 We may disclose confidential information relating to you to our employees, delegates and other third parties but only to assist or enable the proper performance of the Services.
20.3 In addition, we may disclose confidential information relating to you in the following circumstances:
20.3.1 to investigate or prevent fraud or other illegal activity;
20.3.2 for purposes ancillary to the provision of services under these Terms;
20.3.3 if it is in the public interest to disclose such information; and/ or
20.3.4 at your request or with your consent.
21.1 Any intellectual property rights owned by you or us prior to you agreeing to these Terms (“Pre-existing IP”) shall remain the sole property of its owner prior to the date of you agreeing to these Terms and nothing in these Terms, nor the performance of either any party of their obligations under them shall provide either any party with any right, title or interest in the Pre-existing IP of another party.
21.2 All intellectual property rights which are created pursuant to the provision of the Services by us (other than those which subsist in your personal data) shall vest on creation in us and shall remain our sole property (including any rights that may subsist in any other data produced pursuant to the use by the you of the Services).
22.1 These Terms contains the whole agreement between you and us relating to the matters contained in these Terms and supersedes any previous agreement (whether oral or in writing) between the parties relating to those matters.
23.1 Any failure by us (whether continued or not) to insist upon strict compliance with any of the Terms shall not constitute nor be deemed to constitute a waiver our rights or remedies.
23.2 Nothing in this Agreement is intended to or will be used to establish any partnership or joint venture between the parties, nor authorise any party to make any commitments for or on behalf of any other party. 23.3 Except as required by statute, no terms will be implied (whether by custom, usage, course of dealing or otherwise) into these Terms.
23.4 You and we acknowledge that in entering into these Terms neither party has not relied on any express or implied representation (including any made negligently), assurance, undertaking, collateral agreement, warranty or covenant which is not set out in these Terms.
23.5 In connection with the subject matter of these Terms, each of you and we waives all rights and remedies (including any right or remedy based on negligence) which might otherwise be available to in respect of any express or implied representation, assurance, undertaking, collateral agreement, warranty or covenant which is not set out in this Agreement.
23.6 Nothing in this clause limits or excludes any liability for fraud.
24.1 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.
You are passing from the Pynk to the Thesis Portfolio area of this site.
Pynk is a brand name of Crowdsense Ltd. Crowdsense Ltd is not authorised and its activities are not regulated by the FCA. As such any activity you undertake with Crowdsense will not be protected under any investor compensation scheme e.g. the FSCS.
Thesis Portfolio is a trading name of Pynk One Ltd (FRN 12940786). Pynk One Ltd is an Appointed Representative of Wealthkernel Ltd (FRN 723719) who are authorised and regulated by the Financial Services Authority. As such your deposits and investments may be protected by an investor compensation scheme i.e the FSCS if Pynk One Ltd is unable to meet its obligations.