1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all documents including, without limitation, guides, templates, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“System” means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and forums; and
“We/Us/Our” means Capitalex Limited, a limited company registered in England under number 08990469, whose registered address is at 4 Aztec Row, Berners Road, Islington, London, United Kingdom, N1 0PW.
2. Information About Us
Our Site, www.capitalex.co.uk, is owned and operated by Capitalex Limited, a limited company registered in England under number 08990469, whose registered address is at 4 Aztec Row, Berners Road, Islington, London, United Kingdom, N1 0PW.
3. Access to Our Site
3.1 Access to Our Site is free of charge, subject to a valid registration.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 For personal use (including research and private study) only, you may:
4.3 You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4.4 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
4.5 You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so by Us.
4.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.2 You may not link to any page other than the homepage of Our Site.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
5.4 You may not link to Our Site from any other site the content of which contains material that:
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. Links to Other Sites
Links to other sites may be included on Our Site, including any investor sites. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
We may feature third party advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
8. Use of Our System
8.1 You may use Our System at any time to contact Us, provided you abide by the following rules. You must not communicate in a way, submit information, or otherwise do anything that:
8.2 We may monitor any and all communications made using Our System.
8.3 Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
8.4 Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 14.
9. Disclaimers and Legal Rights
9.1 Nothing on Our Site constitutes advice on which you should rely. We do not provide any financial or legal advice. Any guides, templates and any other information are provided for general information purposes only. Professional or specialist advice, including any financial or legal advice should always be sought before taking any action relating to raising capital, working with investors and similar activities.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
10. Our Liability
10.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.3 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. If you are a consumer, for full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful. Specifically:
12.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Privacy and Cookies
Use of Our Site is also governed by Our Privacy and Cookies Policy, available from https://capitalex.co.uk/privacy/. This policy is incorporated into these Terms and Conditions by this reference.
14. Data Protection
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy available from https://capitalex.co.uk/privacy/.
15. Communications from Us
15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com.
16. Changes to these Terms and Conditions
16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17. Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page at https://capitalex.co.uk/#contact.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.