For use of our products and services.
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of the Services and Goods by you (the Customer or you). We are Capitalex Limited a company registered in England and Wales under number 08990469 whose registered office is at 4 Aztec Row, Berners Road, London, N1 0PW with email address email@example.com; (the Supplier or us or we).
- These are the terms on which we sell all Goods and Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by checking a box. If you do not check the box, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- By placing an order on the Website you also indicate that you agree to the Terms and Conditions for use of the Website, which are presented in the section preceding this one.
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Distance contract means a contract concluded between a trader and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- Goods means the goods advertised on the Website or the number and description set out in the Order. These include digital Goods, for example, membership providing access to certain areas of the Website, toolkits and downloadable templates.
- Order means the Customer’s order for the Services or Goods from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website or the number and description set out in the Order;
- Website means our website capitalex.co.uk on which the Services and Goods are advertised.
Services and Goods
- The description of the Services and Goods is as set out in the Website, catalogues, brochures or other form of advertisement. In placing the Order you acknowledge that you have not relied upon any statement, promise or other representations about the Services or Goods by us. Descriptions of the Services and Goods set out in our Website and other documentation are intended as a guide only.
- In the case of Services or Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services and Goods which appear on the Website are subject to availability.
- We can make changes to the Services or Goods from time to time which we deem necessary or to comply with any applicable law or regulation.
Intellectual property, Acceptable use and Disclaimers
- All Content included within all of our digital Goods, unless uploaded by Users, is the property of Capitalex Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the digital Goods, including any such content uploaded by Users. You acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing contained within our digital Goods shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
- You must not otherwise reproduce, modify, copy, distribute, sell, licence, sublicense, grant any rights in, transfer or use for commercial purposes any Content without the written permission of Capitalex Limited.
- We give no warranty that any digital Goods will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Capitalex Limited is under no obligation to update information within any digital Goods.
- Capitalex Limited accepts no liability for any disruption or non-availability of any digital Goods.
- Capitalex Limited reserves the right to alter, suspend or discontinue any part (or the whole of) any digital Goods. These terms and conditions shall continue to apply to any modified version of the digital Goods unless it is expressly stated otherwise.
Limitations of content
- The information contained within all digital Goods is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any digital Goods.
- The Services and Goods and any information provided as part of all Services and Goods does not purport to provide any investment, financial or professional advice, recommendation, representation, endorsement or arrangement and no content shall be deemed to constitute the offer or provision of such advice or arrangement. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Each Order placed for our digital Goods and Services is for a single user only. When placing an Order for certain Goods and Services on the Website you must set up a username and password and provide an email address (your ID). You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. You are not allowed to give access to our digital Goods and Services through your ID to anyone else.
- We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
- If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us at firstname.lastname@example.org. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
Basis of Sale
- The description of the Services and Goods on our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after placing the Order.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
- The fees (Fees) for the Services and the price of any Goods and any other charges are set out on the Website at the date we accept the Order or such other price as we may agree in writing. Fees for Services may be calculated on a fixed price or on a standard daily rate basis.
- Capitalex Limited is not registered for VAT. Fees and prices therefore do not include VAT. At the point in time when the company becomes VAT registered then VAT will be included within the fees and prices of any Services or Goods as stated on the Website.
- For digital Goods you must pay via Paypal or by submitting your credit or debit card details with your Order and we can take payment immediately. For Services, we will issue an invoice to be paid by direct debit or via Paypal within 14 days.
- In addition to the fee or price you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. The majority of payments for subscriptions we take by card are processed in the United Kingdom therefore please check with your bank or credit card issuer to find out if such charges will be applied to you; we are not responsible for any such charges. You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing capitale.co.uk or using the Services or Goods available on it.
Withdrawal, returns and cancellation
- This is a distance contract which has the cancellation rights set out below. These cancellation rights, however, do not apply to a contract for services or goods that are made to your specifications or are clearly personalised for you or your business.
- Digital goods which are downloadable, such as certain Microsoft Excel or Powerpoint templates, and digital services, such as certain online subscriptions, are not eligible for return. If you are not satisfied with these goods or services then you will be eligible for a refund within 14 days of placing the Order. In order to claim a refund you must contact us at email@example.com stating your reason.
- You can cancel the Contract for any Services by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability. This does not affect your rights when the reason for the cancellation is any defective Goods or Services. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by email at firstname.lastname@example.org.
- The cancellation period for any Goods or Services will expire after 14 days from the day on which you place the Order.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- We will communicate to you an acknowledgement of receipt of such a cancellation by email within a reasonable time period.
- Where a service is supplied (being part of the Service) before the end of the cancellation period, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.
- We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw the order or to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Duration, termination and suspension
- The Contract continues for as long as it takes us to perform the Services.
- We reserve the right to suspend or terminate your membership to any Services or Goods if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your membership if we are prevented from providing services or goods to you by circumstances beyond our control.
- We may in exceptional circumstances cease to provide the Goods and Services set out on the Website. We will give you at least 60 days’ notice of this, if possible. If we do so, you will not be eligible for a refund of any amounts that you have paid to us and we will have no further obligation to you. We may provide you with a copy of the content of any digital Services or Goods for which you held a membership, at the time that we cease or withdraw the Services or Goods.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. Commits a serious breach, or a series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. Is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
a. Be of satisfactory quality;
b. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description.
- We will supply the Services and Goods with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which we are aware.
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
a. The party will advise the other party as soon as reasonably practicable; and
b. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s right to cancel.
- Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) capitalex.co.uk are at your own responsibility and entered into at your own risk.
- Capitalex Limited does not provide any other promises or warranties about capitalex.co.uk and the Content on the Website or information that forms part of any Services or Goods. All Content is provided on an “as is” and “as available” basis. This means that Capitalex Limited does not make any promises in respect of capitalex.co.uk or the services and functions available on or through capitalex.co.uk or of the quality, completeness or accuracy of the information published on or linked to from capitalex.co.uk.
- Capitalex Limited is not liable for matters beyond its reasonable control. Capitalex Limited does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
- Capitalex Limited is not liable for any loss as a result of any financial, legal or other advice given by Capitalex Limited or given by any third party that Capitalex Limited either links to via the website or any other digital goods or that its employees introduce you to.
- You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of capitalex.co.uk or the Content of any Services or Goods (to the extent that Capitalex Limited’s liability is not otherwise excluded by this section) as follows:
a. If you incur any loss as a result of using capitalex.co.uk or any Content outside the scope of these terms and conditions, Capitalex Limited accepts no responsibility (liability) to you for this.
b. You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
c. Capitalex Limited will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Capitalex Limited’s breach of a legal duty of care owed to you.
d. Capitalex Limited will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
- Capitalex Limited’s liability will not be limited in the case of death or personal injury directly caused by Capitalex Limited’s negligence in those countries where it is unlawful for Capitalex Limited to seek to exclude such liability.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: Customers should contact us at email@example.com if they have any concerns or complaints. We will aim to respond within 14 days.