Othrfund Terms of Use
Last Updated: March 2025

Introduction

Welcome to Othrfund (“Othrfund,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access and use of our platform, website, and Services (collectively, the “Platform”). By using our Platform, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

These terms outline the conditions under which you are permitted to use this Platform. If you access the Platform as a Borrower, Lender, or Introducer, your use will be governed by these terms.

Who we are

Othr Ltd is a company registered in the United Kingdom under company number 16299969, with its registered office at:

4th Floor Office, 205 Regent Street, London, W1B 4HB, United Kingdom

For any questions regarding these Terms, you may contact us at: info@othrfund.com.

Eligibility

3.1 To use our Platform, you must:

  • Be at least 18 years old.
  • Use the Platform for lawful business purposes only.
  • Not attempt to access or interfere with data that does not belong to you.
  • Meet the applicable requirements outlined in these Terms of Use.
  • Accept these Terms of Use and our Privacy Policy.
  • If you are a Lender, separately agree to the Lender Specific Terms with us (when applicable).
  • If you are an Introducer, separately agree to the Introducer Specific Terms with us (when applicable).
  • If you are a Borrower, separately agree to the Borrower Specific Terms with us (when applicable).

3.2 If you become ineligible to be a User, you must notify us as soon as reasonably practicable by emailing info@othrfund.com. If we become aware of your ineligibility, either through your notification or independently, we may suspend or terminate your Account at our discretion. If you later meet the eligibility requirements again and provide sufficient information to verify your eligibility, we may, at our discretion and upon request, reactivate your Account.

Registration

4.1 You may be required to register an account to access certain Services. You agree to:

  • Provide accurate and up-to-date information.
  • Maintain the confidentiality of your login credentials.
  • Notify us immediately of any unauthorised account access.

4.2 As part of the registration process, you must designate and register one or more individuals as your Authorised User.

4.3 Once your registration is complete, we may contact you or third parties to verify the information provided and/or request additional details to support your application.

In addition to our other rights under these Terms of Use, we reserve the right to disable an Account at any time at our discretion if we determine that:

  • You have failed to comply with any provision of these Terms.
  • Any information provided during registration is false or inaccurate.
  • It is necessary to protect other Users, the security and the operation of the Platform.

4.4 A User’s registration for the Service is strictly personal and cannot be transferred or assigned to any third party.

4.5 We are not responsible for any losses arising from unauthorised account access.

4.6 If you do not provide all mandatory information requested through the Service, we will be unable to offer you access to the Service.

Acceptable use

5.1 You agree not to:

  • Use the Platform for fraudulent or unlawful activities.
  • Copy, modify, or reverse-engineer our software or Services.
  • Transmit viruses, malware, or harmful code.
  • Engage in spamming, phishing, or similar misconduct.
  • Disrupt or interfere with the operation of the Platform or its use by others or alter or remove any of its content.
  • Breach these Terms of Use or use the Service in an unauthorized manner.
  • Engage in any unlawful, illegal, or fraudulent activities.
  • Take any action intended to or likely to degrade or otherwise negatively impact the Service.

5.2 We may suspend or terminate your access if you violate these provisions. We reserve the right to withdraw linking permission in our discretion.

Access to the Platform

6.1 You are responsible for ensuring that your device meets the necessary technical requirements to access and use the Platform.

6.2 Certain features, sections, or content of the Platform are restricted to registered Lenders, Borrowers, and Introducers. You must ensure that any registration details you provide are accurate, complete, and kept up to date.

6.3 Your credentials must be kept confidential and not shared with or used by anyone else. If you suspect that someone else has gained access to your credentials or there is a risk of unauthorized use, you must notify us immediately at info@othrfund.com.

Unless you have informed us of a security risk regarding your credentials, any activity carried out under your account will be deemed to have been performed by you.

Our Services

7.1 We operate a commercial platform designed to facilitate Borrowers’ applications to a select group of Lenders for specific financial products that may suit their needs.

Othrfund is not a Lender and does not provide financial products or financial advice. We do not offer any financial products or advice through the Platform and are not a party to any financial agreements entered into by Users of the Service. Additionally, we do not make any representations or warranties regarding any agreements formed between Users of the Service or the parties involved.

7.2 Access to the Service through this Platform is limited to Users who have completed the full registration process and agreed to these Terms of Use. Use of the Service is strictly subject to these Terms. If you do not accept the Terms, you may not use the Service. 

Commissions

8.1 If a Borrower and a Lender enter into an agreement as a result of our Service, we receive a commission from the Lender and, in some cases, from the Borrower. If a third party (an Introducer) refers a Borrower or Lender to us, we may also pay a commission to the Introducer.

8.2 The payment of commission to us by Lenders is governed by the Lender Specific Terms, the payment of commission to Introducers is governed by the Introducer Specific Terms, and the payment of commission to Borrowers is governed by the Borrower Specific Terms.

Your information

9.1 You represent and warrant that all information you provide to us—whether about yourself or, in the case of Introducers, about Borrowers—during registration and throughout your use of the Service is accurate, complete, up-to-date, and not misleading at all times. You must promptly notify us if any of this information changes or if you become aware of any additional relevant details after your registration.

9.2 You are solely responsible for any information you make available through the Service, including Borrower Information if you are a Borrower or an Introducer. You must not provide us or any User with information that you do not own or have the right to display, publish, or share.

9.3 You agree to indemnify us and other Users against any Loss incurred as a result of or in connection with any claim arising from the use or possession of information, data, content, or materials you provide through the Service that infringes upon the intellectual property or proprietary rights of another User or third party.

Provisions applicable to Borrowers

10.1 You may only apply to register as a Borrower if you have obtained all necessary consents and regulatory approvals to use the Service.

10.2 Othrfund does not provide personal borrowing or consumer credit Services. Individuals and sole entrepreneurs are not permitted to use the Service.

10.3 Each Borrower warrants that:

  • The legal status provided at registration is accurate as of the registration date.
  • If the Borrower’s legal status changes after registration, they will notify us as soon as reasonably practicable.

In addition to the eligibility criteria set out in these Terms, Borrowers acknowledge that:

  • Some Lenders may impose additional eligibility criteria for their Products, and it is the Lender’s responsibility to inform Borrowers of such requirements.
  • Othrfund may, at times, introduce additional eligibility criteria for certain Products to comply with legal or business requirements.

Provisions applicable to Lenders

You may only apply to register as a Lender if:

  • You are authorised and permitted to act as a Lender under the Financial Services and Markets Act 2000 and/or other applicable legislation.
  • You are an independent Lender and have obtained all necessary consents and regulatory approvals to use the Service.

Each Lender warrants and represents that it will fully comply with its obligations under the Money Laundering Regulations, including in relation to its use of the Service.

Provisions applicable to Introducers

12.1 You may only apply to register as an Introducer if you have obtained all necessary consents and regulatory approvals to use the Service.

12.2 Each Introducer must declare their regulated status during registration and warrants that they will promptly inform us of any changes to their regulated status after registration.

12.3 Each Introducer further warrants that:

  • The Borrower information provided at registration is accurate as of the registration date or the date of the first Borrower introduction via the Service, whichever is later.
  • If a Borrower’s legal status or other material information changes following the Introducer’s registration, the Introducer will notify us as soon as reasonably practicable.

12.4 Failure to comply with these notification requirements constitutes a material breach of these Terms, and we may:

  • Suspend and/or terminate the Introducer’s Account and access to the Service.
  • Withhold any Commission payable to the Introducer for Finance Agreements entered into after the relevant status change.
  • If the Commission has already been paid, require the Introducer to refund it within fifteen (15) days of our demand.

Each Introducer also warrants and represents that they have obtained all necessary consents and permissions from the applicable Borrower to:

  • Share Borrower information via the Service.
  • Receive updates from us regarding the Borrower’s discussions with Lender(s) and any resulting Finance Agreements.

Introducers agree to indemnify us against any Loss suffered or incurred due to their failure to comply with these Terms of Use.

Use of the Services

13.1 If a Borrower or Introducer wishes to use our Service to submit a product request, they must complete and submit the relevant application form on the Platform.

The Borrower acknowledges that we may conduct searches of publicly available information, such as the Companies House database, to verify the information provided by the Borrower or Introducer.

13.2 Once a Lender has expressed interest in a Borrower’s request, the Lender has sole discretion to conduct further checks to determine whether it wishes to offer the Borrower a product.

13.3 We do not guarantee that any Lender will make an offer for a product to any Borrower through the Service, or that any product request will result in a finance agreement.

13.4 A Lender must notify us promptly, and in any case within fifteen (15) days, if it enters into a finance agreement or any other related agreement with a Borrower as a result of an introduction made through the Service. The Lender must also provide us (via the Service) with a copy of the finance agreement and any other relevant details we reasonably require, including information about the product size and tenure.

Warranties, representations and disclaimers

14.1 You represent and warrant that, at the time of your initial registration and each time you use the Service:

  • You have the legal authority and capacity to agree to these Terms of Use and lawfully use our Platform and Service.
  • Each individual registered as your authorised User is properly authorised to access and use the Service on your behalf.
  • You meet the applicable User criteria set out in these Terms of Use.
  • All information you provide via the Service is complete, accurate, and not misleading at the time it is provided.
  • You will comply with all applicable laws in connection with your use of the Service and any related activities.

14.2 While we take reasonable steps to verify information provided for the purposes of delivering the Service, we rely on information submitted by our Users and cannot guarantee its accuracy, completeness, or freedom from error. We are not liable for any errors or omissions in User-provided content, including inaccurate or incomplete User details.

Confidentiality

15.1 Lenders and Introducers must keep confidential any Borrower information and any other confidential information supplied or made available to them via the Service. Borrowers must also keep confidential any confidential information disclosed to them via the Service.

You are responsible for ensuring that any person to whom you disclose information complies with the confidentiality obligations set out in these Terms of Use.

15.2 The confidentiality obligations in this section do not apply to information that:

  • Is or becomes publicly available other than as a result of a breach of these Terms.
  • Was already known to the recipient at the time of disclosure in circumstances where they were not restricted from disclosing it to others.
  • Is independently obtained by the recipient in circumstances where they are not restricted from disclosing it to others.
  • Is required to be disclosed by law, a court, or a regulatory authority, provided that, where practicable and subject to applicable law, you will consult with the disclosing party as soon as reasonably possible before making the disclosure.

Intellectual property

All content on our Platform, including text, graphics, logos and software, is the property of Othrfund or its licensors. You may not reproduce, distribute, or create derivative works without our express permission.

We grant you a non-exclusive, non-transferable, and non-sublicensable licence to access and use the Platform and its content solely for your internal business purposes, as permitted by these terms.

If you print or copy pages from the Platform in accordance with these terms, you must not remove any copyright, trademark, or other intellectual property notices from the content.

Availability and content of the Platform

17.1 We will make reasonable efforts to ensure that the Platform is available as much as possible; however, we cannot guarantee uninterrupted access at all times. Certain features, sections, or content of the Platform—or the entire Platform—may occasionally become unavailable.

17.2 We reserve the right to modify, suspend, or withdraw the Platform at any time without prior notice. We shall not be liable to you or any third party for any unavailability, modification, suspension, or withdrawal of the Platform or any of its features, sections, or content, regardless of duration.

17.3 You may close your Account with us at any time by notifying us.

17.4 Except to the extent that we are prohibited from doing so by law or such disclosure would compromise reasonable security measures, we will use reasonable efforts to notify you of the suspension or cancellation of your Account.

17.5 All disclaimers, indemnities and exclusions in these Terms of Use will survive termination of an Account or these Terms of Use for any reason, as well any other provisions in these Terms of Use that by their nature are intended to survive such termination.

External links

Our Platform may contain links to third-party websites to provide you with access to information and Services that may be useful or of interest to you. However, we have no control over the content of these websites or the Services they provide, nor do we guarantee their availability at any given time. We are not responsible for any content, resources, or functionality offered by these external sites.

Privacy and cookies

Your use of the Platform is also governed by our Privacy Policy and Cookie Policy, which detail how we collect, use and protect your personal data.

Third-party Services

Our Platform may integrate with third-party Services (e.g., payment processors, analytics providers). We are not responsible for their actions or policies, and you should review their terms separately.

Disclaimers

Our Platform is provided “as is” and “as available” without warranties of any kind. We do not guarantee:

  • That the Platform will always be available, secure, or error-free.
  • The accuracy or reliability of content provided by third parties.
  • To the maximum extent permitted by law, we disclaim all warranties, express or implied.

Limitation of liability

22.1 To the fullest extent permitted by law, Othrfund shall not be liable for any indirect, incidental, or consequential damages arising from:

  • Your use of or inability to use the Platform.
  • Unauthorized access to or alteration of your data.
  • Actions of third parties using our Platform.

22.2 Nothing in these Terms of Use will limit or exclude our liability or any User’s liability for:

  • Negligence resulting in death or personal injury.
  • Fraud or fraudulent misrepresentation.
  • Any express indemnity stated in these Terms of Use.
  • All amounts that are properly due and payable under these Terms of Use.
  • Any other liability that cannot legally be excluded or limited.

22.3 We will not be liable for any:

  • Loss of profits.
  • Loss of revenue.
  • Loss of anticipated savings.
  • Loss of sales or business.
  • Loss of agreements or contracts.
  • Loss of use or corruption of software, data, or information.
  • Loss of or damage to goodwill (whether direct or indirect).
  • Indirect, consequential, or special loss or damage.

This applies even if we have been advised of the possibility of such losses and regardless of whether they arise due to negligence, breach of contract, misrepresentation, or any other reason.

22.4 In any event, our total liability shall not exceed £1,000 or the total fees you have paid to us in the past 12 months, whichever is lower.

Termination

We reserve the right to terminate or suspend your access to the Platform at our sole discretion, including if you violate these Terms.

Governing law and dispute resolution

These Terms shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts in London, United Kingdom.

Changes to these terms

We may update these Terms from time to time. We will notify Users of significant changes, and your continued use of the Platform constitutes acceptance of the updated Terms.

For any questions, please contact us at info@othrfund.com.