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Terms of service

BACKGROUND:

These Terms explain how you may use the Web Site which is provided by us free of charge. You should read these terms and conditions carefully before using the Web Site. This agreement applies as between you, the User of this Web Site and Cap Equity Advisors Ltd, the owner of this Web Site. By accessing or using the Web Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree to be bound by these Terms, you should stop using the Web Site immediately. If you have any questions about the Web Site, please contact us by e-mail at info@capeq.co.uk, emails will be responded to within 48 working hours between Monday and Friday: 9am to 5pm

 1.  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:                                            

“Acceptable use policy”

means the policy https://capeq.co.uk/acceptable-use-policy, which governs your permitted use of the Web Site;

Content

means any text, graphics, images, audio, video or other multimedia content, software, data compilations and any other form of information or material capable of being stored in a computer that appears on or forms part of this Web Site;

“Cap Equity Advisors Ltd”

means private limited company registered in England with number 12689305 whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ;

Service

means collectively any online facilities, tools, services or information that Cap Equity Advisors Ltd makes available through the Web Site either now or in the future;

System

means any online communications infrastructure that Cap Equity Advisors Ltd makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“Terms”

 

means these terms and conditions of use as updated from time to time under clause 11;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Cap Equity Advisors and acting in the course of their employment;

“Web Site”

 

 

means the website that you are currently using www.capeq.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

“you”

means the person accessing or using the Web Site or its Content (and your shall have the same meaning).

 2.  Using the Web Site

2.1  The Web Site is for your use only.

2.2  You agree that you are solely responsible for:

2.2.1  all costs and expenses you may incur in relation to your use of the Web Site; and

2.2.2  keeping your password and other account (if any) details confidential.

2.3  The Web Site is intended for use only by those who can access it from within the UK. If you choose to access the Web Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.4  Cap Equity Advisors Ltd seeks to make the Web Site as accessible as possible. If you have any difficulties using the Web Site, please contact it at info@capeq.co.uk.

2.5  As a condition of your use of the Web Site, you agree to comply with its Acceptable use policy.

2.6  Cap Equity Advisors Ltd may prevent or suspend your access to the Web Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3.  Intellectual Property

3.1  The Web Site and all intellectual property rights in it including but not limited to any Content are owned by it, its licensors/affiliates or both (as applicable), unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Cap Equity Advisors Ltd, our licensors/affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. Cap Equity Advisors Ltd and its licensors reserve all of its and their rights in any intellectual property in connection with these Terms. This means, for example, that Cap Equity Advisors Ltd and they remain owners of them and free to use them as Cap Equity Advisors Ltd and they see fit.

3.2  Subject to sub-clause 3.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Cap Equity Advisors Ltd.

3.3  Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3.4  Nothing in these Terms grants you any legal rights in the Web Site other than as necessary to enable you to access the Web Site. You agree not to adjust to try to circumvent or delete any notices contained on the Web Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Web Site.            

4.  Links to Other Web Sites

Please see our acceptable use policy 

5.  Privacy

5.1  Your privacy and personal information are important to us. Any personal information that you provide to Cap Equity Advisors Ltd will be dealt with in line with its privacy policy, which explains what personal information is collected from you, how and why is collected, stored, used and shared, your rights in relation to your personal information and how to contact Cap Equity Advisors Ltd and supervisory authorities in the event you have a query or complaint about the use of your personal information.

5.2  The privacy policy is available at https://capeq.co.uk/privacy-policy 

5.3  You agree that, if you have provided Cap Equity Advisors Ltd with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Cap Equity Advisors Ltd  and (2) that you have brought to the attention of any such third party the privacy policy available on the Cap Equity Advisors Ltd’s website or otherwise provided a copy of it to the third party. You agree to indemnify Cap Equity Advisors Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

6.  Disclaimers

6.1  Cap Equity Advisors Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. Cap Equity Advisors Ltd makes no guarantee of any specific results from the use of the Service.

6.2  No part of this Web Site is intended to constitute advice and the Content of this Web Site is provided for your general information purposes only and to inform you about Cap Equity Advisors Ltd and its products and news, features, services and other websites that may be of interest. The Content does not constitute technical, financial or legal advice or any other type of advice and should not be relied upon when making any decisions or taking any action of any kind.

6.3  While Cap Equity Advisors Ltd tries to make sure that the Web Site is secure, Cap Equity Advisors Ltd cannot guarantee the security of any information that you supply to it and therefore Cap Equity Advisors Ltd cannot guarantee that it will be kept confidential. For that reason, you should not let Cap Equity Advisors Ltd have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (the Unwanted Submissions). While Cap Equity Advisors Ltd values your feedback, you agree not to submit any Unwanted Submissions.

6.4  Cap Equity Advisors Ltd may use any Unwanted Submissions as it sees reasonably fit on a free-of-charge basis (bear in mind that Cap Equity Advisors Ltd has no way of knowing whether such information is confidential, commercially sensitive or valuable because Cap Equity Advisors Ltd does not monitor the Web Site to check for these matters). Therefore, Cap Equity Advisors Ltd will not be legally responsible for keeping any Unwanted Submissions confidential nor will it be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6.5  While Cap Equity Advisors Ltd tries to make sure that the Web Site is accurate, up-to-date and free from bugs, it cannot promise that it will be. Furthermore, it cannot promise that the Web Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Web Site is at your own risk.

7.  Availability of the Web Site

7.1  The Service is provided “as is” and on an “as available” basis.  Cap Equity Advisors Ltd gives no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law Cap Equity Advisors Ltd provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

7.2  Cap Equity Advisors Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8.  Limitation of Liability

8.1  To the maximum extent permitted by law, Cap Equity Advisors Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

8.2  Nothing in these Terms excludes or restricts Cap Equity Advisors Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Cap Equity Advisors Ltd.

8.3  Every effort has been made to ensure that these Terms adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977.  However, in the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining Terms.  This term shall apply only within jurisdictions where a particular term is illegal.

9.  No Waiver

9.1  In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10.  Variation

10.1  No changes to these Terms are valid or have any effect unless agreed by Cap Equity Advisors Ltd in writing or made in accordance with this clause 11. Cap Equity Advisors Ltd reserves the right to vary these Terms from time to time. Its updated Terms will be displayed on the Web Site and by continuing to use and access the Web Site following such changes, you agree to be bound by any variation made by Cap Equity Advisors Ltd. It is your responsibility to check these Terms from time to time to verify such variations.

11.  Events beyond our control

11.1  Cap Equity Advisors Ltd shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond its reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, accident or pandemic.

12.  Notices

12.1  All notices / communications shall be given to Cap Equity Advisors Ltd either by post to its premises (see address above) or by email to  info@capeq.co.uk.  Such notice will be deemed received 3 (three) days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13.  Rights of third parties

13.1.  No one other than a party to these Terms has any right to enforce any of these Terms.

14.  Disputes

14.1.   Cap Equity Advisors Ltd will try to resolve any disputes with you quickly and efficiently. If you are unhappy with Cap Equity Advisors Ltd please contact it as soon as possible. If you and Cap Equity Advisors Ltd cannot resolve a dispute using its complaint handling procedure, Cap Equity Advisors Ltd will let you know that Cap Equity Advisors Ltd cannot settle the dispute with you.

15  Law and Jurisdiction

15.1  These Terms and the relationship between you and Cap Equity Advisors Ltd  shall be governed by and construed in accordance with the laws of England and Wales and Cap Equity Advisors Ltd  and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.