This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of the gkCapital website (www.gkCapital.com), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use the site, as these will apply to your use of the site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

www.gkCapital.com is a site operated by Global Kapital Group Limited (“We”). We are registered in England and Wales (registration number 06960060) and our registered address is 24 Bevis Marks, London, EC3A 7JB. We are regulated by the Financial Conduct Authority, Firm Registration Number 631608.

Please also familiarise yourself with these additional terms, which are referred to in this document and also apply to your use of our site:

• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Cookie Policy which sets out information about the cookies on our site.

• Our Terms of Borrowing which sets out the terms on which we extend loans via the site.

• Our Terms of Lending which sets out the terms on which lenders invest via the site. 

We may revise these terms of use at any time by amending this page without notifying users.

Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to notify users.

We assume no liability for errors or omissions in the site. 

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.  

Your account password, and any other piece of information forming part of our security procedures, must be treated as confidential. You must not disclose it to any third party and it is your duty to protect its confidentiality.

We have the right to disable any user account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off 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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We shall not be liable in the event that any defect or otherwise in the Website results in you losing or being unable to access (whether temporarily or permanently) any User Content.  

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are an investor, please note that we only provide our site for domestic and private use. You agree that gkCapital is only to be used for personal investing purposes.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

In no event shall gkCapital, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these User Terms, on any theory of liability, and whether or not advised of the possibility of damage.

Any article or information contained on the Website must not be viewed as specific tailored legal, financial or professional advice. 

We do not guarantee that our site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported 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 site will cease immediately. 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact support@gkcapital.com. 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. The inclusion of any links on the Website does not constitute a recommendation of such third party website or a warranty that such third party website is free of viruses and safe to use.

If you decide to visit or access any third party website or services, you do so entirely at your risk. 

You agree that the Terms of Use and any claim, dispute or controversy arising out of in connection with the Terms of Use or their subject matter or formation (including non-contractual disputes or claims), the Website, gkCapital’s advertising or any related transaction between you and gkCapital shall be governed by and construed in accordance with English law.

Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales. 

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

• Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party. 

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site including any secure area to which you have previously been given access.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. Termination of a user’s access to the Site will have no effect on the user’s existing obligations to gkCapital. 

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Users will not necessarily be notified of updates to the Terms of Use. 

Any questions, comments and requests regarding this acceptable use policy should be addressed to support@gkcapital.com or write to us at 24 Bevis Marks, London, EC3A 7JB.

What is a credit reference agency?

Credit reference agencies (CRAs) collect and maintain information on consumers’ and businesses’ credit behaviour, on behalf of organisations in the UK.

What is a fraud prevention agency?

Fraud Prevention Agencies (FPAs) collect, maintain and share, information on known and suspected fraudulent activity. Some CRAs also act as FPAs.

Why do you use them when I have applied to your organisation?

Although you have applied to us – {{ projectName }} - and we will check our own records, we will also contact CRAs to get information on your credit behaviour with other organisations. This will help us make the best possible assessment of your overall situation before we make a decision.

Where do they get the information?

• Publicly available information:

  • The Electoral Register from Local Authorities.
  • County Court Judgments from Registry Trust.
  • Bankruptcy (and other similar orders) from the Insolvency Service.

• Fraud information may also come from fraud prevention agencies.

• Credit information comes from information on applications to banks, building societies, credit card companies etc and also from the conduct of those accounts.

• Company information and information about directors and shareholders comes from Companies House, other publicly available directories and proprietary directories at CRAs.

• Information about proprietors of non limited businesses from publicly available directories and proprietary directories at CRAs.

How will I know if my information is to be sent to a CRA or FPA?

You will be told when you apply for an account if your application data is to be supplied. The next section of this leaflet will tell you how, when and why we will search at CRAs and FPAs and what we will do with the information we obtain from them. We will also tell you if we plan to send payment history information on you or your business, if you have one, to CRAs. You can ask at any time the name of CRAs and FPAs.

Why is my data used in this way?

We and other organisations want to make the best possible decisions we can, in order to make sure that you, or your business, will be able to repay us. Some organisations may also use the information to check your identity. In this way we can ensure that we all make responsible decisions. At the same time we also want to make decisions quickly and easily and, by using up to date information, provided electronically, we are able to make the most reliable and fair decisions possible.

Who controls what such agencies are allowed to do with my data?

All organisations that collect and process personal data are regulated by the Data Protection Act 1998, overseen by the Information Commissioner’s Office. All credit reference agencies are in regular dialogue with the Commissioner. Use of the Electoral Register is controlled under the Representation of the People Act 2000 and the Supplementary Regulations to the Representation of the People Act 2002. Use of data from Companies House, about directors, is controlled under the Companies Act 2006 and The Companies (Disclosure of Address) Regulations 2009.

Can just anyone look at my data held at credit reference agencies? 

No, access to your information is very strictly controlled and only those that are entitled to do so, may see it. Usually that will only be with your agreement or (very occasionally) if there is a legal requirement.

1. Check our own records for information on:

   • Your and your business partners (if you have one/any)
   • Your business accounts.
   • Shareholders who are beneficial owners of 25% or more of the business

2. Search at credit reference agencies for information on:

   • Public data on your and your business partners’ personal credit behaviour.
   • Information on the conduct of your and your business partners’ personal credit accounts if you are proprietors of a small business
   • your business
   • your business accounts;
   • identity information on beneficial owners of the business
   • If you have one, we may also check your personal financial partner’s personal accounts too, so you must be sure to tell them that this may happen.
   • If you are a director, we will seek confirmation, from credit reference agencies, that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House.

3. Search at fraud prevention agencies for information on your business, you, your personal financial partner, your business partners, beneficial owners and your addresses. 

1. Information that is supplied to us will be sent to the credit reference agencies.

2. If you give us false or inaccurate information and we suspect or identify fraud, we will record this and may also pass this information to fraud prevention agencies and other organisations involved in crime and fraud prevention.

3. Your data may also be used by us, to offer your business other products but only if permitted.

4. Record information at credit reference agencies about your application, your business, you and your businesses partners.

5. If you provide information about shareholders we will record this information at credit reference agencies.

6. So you must be sure that you have the agreement of your business partners and shareholders to disclose information about them. 

1. Assess this application for credit and/or;

2. Check details on applications for credit and credit related or other facilities;

3. Verify your identity and the identity of, other directors/ business partners and shareholders;

4. Undertake checks for the prevention and detection of crime or fraud and/or money laundering;

5. We may use scoring methods to assess this application and to verify your identity;

6. Manage your personal and/or business account (if you have one) with ourselves;

7. Undertake periodic statistical analysis or testing to ensure the accuracy of existing and future products and services;

8. Any or all of these processes may be automated. 

1. Where you borrow or may borrow from us, we will give details of your business account, including names and parties to the account, and how you manage it to credit reference agencies.

2. If you borrow and do not repay in full and on time, we will tell credit reference agencies.

3. We may make periodic searches of our own group records and credit reference agencies to manage your account with us, including whether to continue or extend existing credit. We may also check at fraud prevention agencies to prevent or detect fraud.

4. If you have borrowed from us and do not make payments that you owe us, we will trace your whereabouts and recover payment. 

1. Place a credit search “footprint” on your company credit file whether or not this application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when your business applies for credit in the future.

2. Place an enquiry search on the personal credit files of any director/owner or partner that have been searched. These enquiry searches will not be seen by other organisations if any director/owner or partner applies for credit in the future.

3. Link together the previous and subsequent names advised by you, of anyone that is a party to the account.

4. Place an enquiry or identification search on the record of any shareholder who is a beneficial owner and who we have checked

Supply to us:

5. Information about your business or company such as previous applications for credit and the conduct of the accounts and also similar personal credit information in your name and of your business partners.

6. Public information such as County Court Judgments (CCJs) and bankruptcies.

7. Electoral Register information on you and your business partners.

8. Fraud prevention information.

9. Confirmation or otherwise that the usual residential addresses supplied by directors match those on the restricted register held at Companies House (or for those directors’ addresses registered under section 243 of the Companies Act, that the usual residential addresses supplied by directors match those on the credit reference agency’s proprietary business directory) 

1. Credit reference agencies will record the details that are supplied on your business and business account including previous and subsequent names of parties to the account and how you manage it/them.

2. If your business borrows and does not repay in full and on time, credit reference agencies will record the outstanding debt.

3. Records shared with credit reference agencies remain on file for 6 years after they are closed whether settled by you or defaulted.

4. Information on shareholders who are beneficial owners will be used and supplied to others only.

   • for the purpose of the performance of identity checks
   • with their specific consent 

1. It will not be used to create a blacklist.

2. It will not be used by the credit reference agency to make a decision.

How your data WILL be used by credit reference agencies:

3. The information which we and other organisations provide to the credit reference agencies about you, your business partners and details about your business (see 5e above) may be supplied by credit reference agencies to other organisations and used by them to

   • Prevent crime, fraud and money laundering by, for example checking details provided on applications for credit and credit related or other facilities.
   • Check the operation of credit and credit-related accounts
   • Verify your identity if you or your business partner(s) applies for other facilities.
   • Make decisions on credit and credit related services about you and/or your business partner, or your business.
   • Manage your personal, your business partner’s and/or business credit or credit related account(s).
   • Trace your whereabouts and recover debts that you owe.
   • Undertake statistical analysis and system testing. 

1. The information which we provide to the fraud prevention agencies about you, your business partners and your business may be supplied by fraud prevention agencies to other organisations and used by them and us to:

   • prevent crime, fraud and money laundering by, for example:
     • checking details provided on applications for credit and credit related or other facilities
     • Managing credit and credit related accounts or facilities
     • Cross checking details provided on proposals and claims for all types of insurance.
     • Checking details on applications for jobs or when checked as part of employment

2. Verify your identity if you or your business partner(s) applies for other facilities including all types of insurance proposals and claims.

3. Trace your whereabouts and recover debts that you owe.

4. Conduct other checks to prevent or detect fraud.

5. Undertake statistical analysis and system testing. 

Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

Your data may also be used to offer you other products, but only if permitted. 

For information about your personal data you can contact the 3 agencies currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee.

CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 060 1414 or log on to www.callcredit.co.uk
Equifax PLC, Credit File Advice Centre, PO Box 1140, Bradford, BD1 5US or call 0844 335 0550 or log on to www.equifax.co.uk
Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0844 481 8000 or log on to www.experian.co.uk.

1. This agreement outlines the terms and conditions (the “Terms”) between you (a “Lender” or “you”) and Global Kapital Group Limited (“gkCapital”, “we”, or “us”) under which you agree to lend money through the Company’s peer-to-peer lending website (the “Platform”) to third party borrowers.

2. It is important that you read these Terms carefully. It is also important that you understand that peer-to-peer lending is not covered by the Financial Services Compensation Scheme (the “FSCS”) (www.fscs.org.uk) and therefore your money may be at risk if one or more Borrowers fail to repay a Loan Agreement to which you are Matched. We strongly recommend that you seek independent financial and tax advice when considering whether to lend your money through the Platform.

3. gkCapital does not provide any advice, nor does it make any recommendations to you. The Company solely Matches your investments with Borrowers on the Platform. It is your responsibility to assess whether the investment is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk. Please be aware that execution of these Terms does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you. We advise you to consider whether lending through the Platform meets your required risk levels and investment objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments. By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved, or are able to take advice from a relevant qualified investment professional or advisor to assist you in understanding the risks involved.

4. You confirm your agreement to these Terms by registering on our online application system. You should read these Terms carefully before making an online application and you should retain a copy for future reference. Please refer to clause 26.2 for information regarding future amendments to the Terms.

5. Where the Company has published a document which is referred to within these Terms (such as a policy document), that document shall also form part of these Terms and shall be deemed to have been agreed to by you. In the event of any conflict between these Terms and a document referenced within them, these Terms shall prevail.

1. The following definitions should be read carefully as they provide important explanation and guidance on interpretation of the language used in these Terms.

   • “Application” has the meaning given to it in clause 10.2.

   • “Auto-Matching System” means the automated matching programme run on a weekly basis by the Company that Matches Lenders and Borrowers.

   • “Borrower” means an individual or legal entity that has registered and has been approved by the Company’s Credit Approval Team as a borrower on the Platform.

   • “Business Day” means a day (other than a Saturday, Sunday or Public Holiday) when banks in London are open for business.

   • “Cash Holding Account” means a segregated bank account where cleared funds which you deposit with us are held on your behalf to enable you to make Lending Commitments.

   • “Credit Approval Team” means the Company’s credit committee which evaluates and approves all potential Borrowers and Borrower loan requirements on the Platform.

   • “Default Event” means an event where a Borrower defaults under a Loan Agreement and fails to remedy that default in accordance with that Loan Agreement.

   • “Early Access” means the service provided by the Company where, on the request of a Lender, we arrange for the early liquidation of their investment often through transfer of the investment to another party or other means.

   • “Holding Company” has the meaning given in clause 3.2.

   • “Information” means any of the information that can be viewed or downloaded from the Website (including the Platform) and includes, but is not limited to, data, pricing information, terms, images, reports, policies and software and also includes any copyright, Intellectual Property Rights, Information Technology or other commercially valuable property of the Company.

   • “Information Technology” means all computer hardware (including network and telecommunications equipment), databases, and all computer software (included the Platform or any software required for the Platform) owned, used or leased by the Company.

   • “Intellectual Property Rights” means all patents, rights to inventions, copyrights and related rights, trade marks, business names and domain names, rights in get up, goodwill and rights to sue for passing off, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim property from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

   • “Lender” means you and/or another lender on the Platform, as the case may be.

   • “Lending Commitment” means a commitment by a Lender to lend money through the Platform on the terms of the Product or Products selected by that Lender.

   • “Loan Agreement” means a loan agreement between one or more Lenders and a Borrower.

   • “Match”, “Matches”, “Matched” or “Matching” refers to the process of matching a Borrower with one or more Lenders through the execution of a Loan Agreement by a Lender or through the transfer of a Loan Agreement to a Lender by way of assignment, novation, sale, sub-participation or any other suitable method of transfer.

   • “My Account” means your personalised secure area of the Platform (accessible through your log-in details) which shows the balance and term of your investments

   • “Platform” means the internet-based peer-to-peer lending service provided by gkCapital and includes all secure areas of the Website in addition to any technology made available to Lenders.

   • “Product” means each individual lending product made available on the Website.

   • “Provision Fund” means the discretionary fund held by gkCapital for the purpose of compensating a Lender where a Borrower has failed to meet its payment obligations in accordance with a Loan Agreement.

   • “Service Providers” means all third party suppliers who provide either a service or product to the Company which is used by us to provide the Services.

   • “Services” means the provision of the Platform and other related and ancillary services including, without limitation, the provision of credit reference information, online identification verification software, banking applications and the technology that supports the Website and Platform.

   • “Subsidiary” has the meaning given in clause 3.2.

   • “Thirty Day Product” means the Product available on the Platform called the “30 Day Product (Income)” or “30 Day Product (Capital)”.

   • “Website” means www.gkcapital.com.

1. In these Terms, the following rules of interpretation shall apply:

   1. clause and paragraph headings shall not affect the interpretation of these Terms;

   2. a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees;

   3. unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular; and

   4. unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

2. A reference to a Holding Company or a subsidiary means a Holding Company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 and, for the purposes only of the membership requirement contained in sections 1159(1)(b) and (c), a company shall be treated as a member of another company even if its shares in that other company are registered in the name of:

   1. another person (or its nominee), by way of security or in connection with the taking of security; or

   2. its nominee.

1. Global Kapital Group Ltd is a limited liability company registered in England and Wales (registration number 06960060) with its registered address at Bevis Marks House, 24 Bevis Marks, London EC3A 7JB. The Company is authorised and regulated by the Financial Conduct Authority (FCA) (registration number 631608). gkCapital is not covered by the FSCS.

1. These Terms and the terms of any of your investments constitute the terms on which you agree to lend money to third party Borrowers through the Platform.

2. The Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Terms.

3. These Terms apply to any Services we provide to you, to the exclusion of any other terms that may be imposed or incorporated, or which are implied by trade, custom, practice or course of dealing, save where any such terms are agreed by us in writing.

1. Representations and warranties are statements and promises made by you to the Company upon which we rely as being accurate in our dealings with you. You make the following representations and warranties to us at the time of entering into these Terms and every time you use the Platform or Services, including the time you make a Lending Commitment or are Matched to a Loan Agreement:

   • you are over the age of 18 years;
   • you are of sound mind and have the capacity to enter into these Terms and be Matched to each Loan Agreement;
   • all personal information that you provide about yourself is accurate and true to the best of your knowledge;
   • you hold a bank account in the UK in your own name and will use this account to transfer money to your Cash Holding Account and any repayment to you will be repaid to this account, except where notified to us in accordance with clause 14.5;
   • you have carefully considered the risks involved with using the Platform, the Services and being Matched to Loan Agreements and also the risks associated with peer-to-peer lending, including but not limited to the possibility of losing all the money you lend;
   • you will only ever lend your own money unless you are authorised on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party. We may request that you provide written authorisation from the Third Party confirming you have the necessary authority to deposit and lend money on their behalf;
   • you will notify us if you hold a Consumer Credit Licence issued by the Office of Fair Trading;
   • if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation);
   • you (as an individual or a legal entity) have only registered as a Lender once with the Company and you only hold one Cash Holding Account, except where you have registered as a Lender in your personal capacity and have disclosed to us that you are seeking to register as a Lender on behalf of a separate legal entity or a Third Party;
   • you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting; and
   • if you are not a resident of the United Kingdom, your use of the Platform or being Matched to Loan Agreements does not violate any laws or regulations applicable in your country of residence.

1. You acknowledge and confirm that you have carefully considered the risks involved in lending your money through our Platform and that your participation in any Loan Agreement is entirely at your own risk.

2. You acknowledge that by making a Lending Commitment and being Matched to Loan Agreements you are engaging in peer-to-peer lending and that at no time do you, as Lender, lend money to the Company or any member of the Global Kapital Group.

3. You understand that you risk losing your money where a Borrower with whom you have been Matched defaults on repayments or on payments of interest and the Company has no liability for any such loss and that you are not protected by the FSCS.

4. You acknowledge that the Provision Fund is a discretionary fund and the Company not obliged to provide compensation to you should a Default Event occur. You acknowledge that the Provision Fund does not perform the same function as a government deposit guarantee scheme.

5. You acknowledge and confirm that you have made your own independent decision to make Lending Commitments and to be Matched to Loan Agreements and that your decision is based on such information as you deem appropriate under the circumstances and is without reliance upon the Company or any member of the Global Kapital Group.

6. You confirm that neither the Company nor any member of the Global Kapital Group has offered you any investment advice, nor have you received any investment advice from them, relating to the suitability of any of the Products, and your participation in any Loan Agreement through the Platform is done so entirely at your own risk. If you are in any doubt, we strongly recommend that you seek independent advice from an authorised and approved financial advisor.

7. You acknowledge that, subject to these Terms, you will not be entitled to receive repayment of any money until the Borrower to whom you have lent money has made a repayment in accordance with the terms of the applicable Loan Agreement.

1. The Platform and Website is, at all times, subject to our Website Terms of Use.

2. Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times and do not store them on a device or computer that would permit someone else to impersonate you.

3. If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.

4. You confirm that you will not provide your username and password to any third parties and, in the event of any breach of this clause, you shall be responsible for any actions performed on your account by any such third party.

5. You confirm that you will only use our Platform for the purposes set out in these Terms.

6. You confirm that you will not attempt to gain unauthorised access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website.

7. You understand that we may store your IP address information and may monitor your use of the Website in accordance with our cookie policy.

8. Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.

9. We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.

10. You are responsible for any telecommunication costs, broadband fees or data charges that you incur through your access to the Platform.

1. You acknowledge and confirm that, when you offer to lend money through the Platform, you will be offering your money to be lent by the Platform to a Borrower through peer-to-peer lending and you are not lending money to either the Company or any member of the Global Kapital Group.

2. In order to lend money using the Platform, you must make a Lending Commitment through the Platform by selecting one or more Products and indicating the maximum amount you wish to commit in relation to each Product.

3. You may make one or more Lending Commitments in one or more Products provided that you have cleared available funds in your Cash Holding Account up to the aggregate amount of the Lending Commitments.

4. You can send funds to your Cash Holding Account by bank transfer or online payment. All funds must be sent from a bank account in your name. Once the funds have cleared, you will see the balance available in the My Account section of the Platform.

5. Upon receipt of your Lending Commitment, we will aggregate your Lending Commitment with the Lending Commitments of other lenders on the Platform and Match you with one or more Borrowers through the Auto-Matching System.

6. Subject to clause 9.11, we will operate the Auto-Matching System on a weekly basis whereby we will match your Lending Commitment to one or more Borrowers.

7. Once you have been Matched with one or more Loan Agreements and whilst you have at least one Lending Commitment which has not expired, we may also, through the Auto-Matching System, transfer by assignment the whole or part of your interest in a Loan Agreement to another Lender or transfer by assignment the whole or part of another Lender’s interest in a Loan Agreement to you.

8. Lending Commitments are irrevocable and Lenders may only access their money prior to the expiration of a Lending Commitment by using the Early Access service.

9. You will be paid the rate of interest set out in your Lending Commitment.

10. The Company is under no obligation to operate the Auto-Matching System and may Match Lenders with Borrowers using any process it deems appropriate and there may be instances where, having made a Lending Commitment, some or all of your funds are not Matched.

11. You hereby irrevocably appoint the Company as your agent to perform all duties relevant to the Loan Agreements for as long as these Terms remain in force and to manage the recovery processes where any Borrower has failed to make payments to you under any Loan Agreement or where a Default Event has occurred. As part of this recovery process, you provide us with the requisite authority to sub-contract this process to a third party to act on your behalf.

12. You are not permitted to vary or cancel the terms of any Loan Agreement to which you are Matched as a Lender.

13. All of your Lending Commitments are visible to you within the My Account section of our Platform. Importantly, you can also view how much of your Lending Commitment is actually on loan on a real-time basis from within this section.

14. The Company may, in its absolute discretion, repay all amounts, together with accrued interest, that may be owing to you at any time pursuant to a Loan Agreement or a Lending Commitment without prior notice.

15. The Company may, in its absolute discretion, turn off the Auto-Matching System, and your interest in Loan Agreements will no longer be capable of transfer by assignment and you will no longer be Matched with new Loan Agreements.

1. The Provision Fund is a discretionary compensation fund available where a Lender has suffered a loss of capital or interest (or both) as a result of a Default Event.

2. Any Lender who has suffered a loss as a result of a Default Event may make a claim to the Provision Fund for compensation (each an “Application”).

3. The Company shall review all Applications and shall have absolute discretion in deciding whether to accept or reject an Application.

4. The Company shall not be required to provide an explanation or justification as to why any Application for compensation was accepted or rejected.

5. The Company may, in its absolute discretion, make a payment from the Provision Fund to a Lender without any prior discussion with or notification to the Lender or in the absence of an Application being received. Such payments may be made either in anticipation of a Default Event or as a result of a Default Event.

6. Where you have received compensation from the Provision Fund as a result of a Default Event occurring, you shall not be entitled to receive any further payments or interest in relation to that proportion of the loan made under the Loan Agreement to which the compensation relates. Furthermore, that proportion of a loan to which the compensation relates shall be automatically transferred by assignment to the Company (or a member of the Global Kapital Group) and the Company (or that member of the Global Kapital Group) shall be entitled to benefit from any rights, future interest payments, title and Security relating to the transferred proportion of the loan made under the Loan Agreement.

7. In the event of a Default Event occurring in relation to a Loan Agreement, that Loan Agreement may be removed from the Auto- Matching System at the absolute discretion of the Company and, in those circumstances, you will remain as Lender under that Loan Agreement. We do not guarantee that any loans made by you under such Loan Agreement will be repaid to you.

1. The Cash Holding Account is provided as a temporary service to hold any money you wish to have cleared and ready when making Lending Commitments and any interest accruing on sums held in the Cash Holding Account will be for the account of the Company and will not be paid to you.

2. The Cash Holding Account is provided to the Lender as a convenience and it is not a service in its own right.

3. All money deposited by Lenders in the Cash Holding Account is held in a segregated bank account by the Company. All such money is recognised as customer money.

1. We offer an Early Access service for all Lending Commitments.

2. The Early Access service allows a Lender to gain access to their money by making a withdrawal request to the Company.

3. The Company has absolute discretion on whether to offer Early Access to Lenders.

4. The Company is not required to provide any explanation or justification as to why a request for Early Access has been accepted or rejected.

5. The Company will charge you an administration fee (which may include an interest rate adjustment) for using the Early Access service. The charge and calculation methodology shall change from time to time, however the administration fee shall be fully disclosed to you at the time a request for Early Access is made.

6. If your Early Access request is processed, the money to which the Early Access request relates shall be returned to your Cash Holding Account together with any accrued interest less the administration fee.

1. You shall start to accrue interest once you make a Lending Commitment regardless of whether you are Matched to a Loan Agreement or not. The rate of interest that will accrue on the amount of your Lending Commitment shall be that rate set out in the Product which comprises your Lending Commitment and shall not be the rate of interest set out in the Loan Agreement(s) to which you are Matched (which may be higher or lower than the rate(s) applicable to the Product(s) you select). For the avoidance of doubt, the Company shall not be acting as a deposit taker in such instances.

2. Accrued interest shall be paid directly to your Cash Holding Account and such payments shall be made in accordance with the terms of the Products which comprise your Lending Commitment.

1. Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to open an account with the Company and shall remain valid and binding for as long as you have outstanding Loan Agreements or Lending Commitments.

2. These Terms may be superseded by any amended Terms in accordance with clause 26.2.

3. These Terms may be terminated by you provided that you have no outstanding Lending Commitments or Loan Agreements.

4. These Terms may be terminated by the Company at any time without notice.

5. Upon termination, the Company will return any funds held in your Cash Holding Account to the same bank account used to send the money to us unless you have notified us in writing of any change of bank account details. If you have any outstanding Lending Commitments or Loan Agreements, the Company shall treat the termination as an Early Access request and clause 12 shall apply to the early repayment of your funds before the end of the term of your Lending Commitment. Where termination has been made by the Lender, the administration fee and for Early Access per clause 12 shall be applied automatically to the Lender’s account. Where termination has been made by the Company, there shall be no fee applied to the Lender’s account as a result of Early Access and the Lender’s money shall be returned along with all paid interest and pro-rated accrued interest at the full advertised rate when first entering the Lending Commitment.

1. As part of the account opening process, you will be asked to provide personal information about yourself. The Company will use this information to verify your identity using a number of electronic checks.

2. You agree that we may pass your personal information to our Service Providers or any other recognised third party company solely for the purposes of verifying your identity, performing anti-money laundering checks and fraud prevention.

3. We do not have to accept you as a Lender or accept any funds from you until we have satisfied ourselves, at our absolute discretion, that we have sufficient and appropriate information to accept you as a Lender. We do not have to give you any reason for rejecting or delaying an application from you.

1. We offer anonymity to both Lenders and Borrowers. As a Lender, you will not be provided with the name or identity of the party to whom you have lent money. Similarly, your identity will not be revealed to a Borrower.

2. You agree not to make attempts to establish the identity of, or contact, any of the Company’s Lenders or Borrowers.

1. The Company does not provide any advice or guidance in relation to tax or otherwise and therefore we strongly recommended that you consult an independent financial advisor or tax advisor if you are unsure as to what your tax obligations are.

2. It is your responsibility to ensure that any tax liabilities which you incur (through interest earned on loans placed on the Platform or otherwise) are paid to the relevant taxation authority. We will not withhold any tax on your behalf except where required by law.

3. Neither the Company nor any member of the Global Kapital Group has any liability in relation to any tax liabilities incurred by you.

1. You confirm that you have read and understood our Cookie Policy which provides information and guidance relating to our use of Cookies, and which can be found at the following website address: www.gkcapital.com/cookies

2. You also further acknowledge that the Company may amend this policy from time to time without notice.

1. You confirm that you have read and understood the Company’s Privacy Policy which provides information on how we use and store the personal information that you provide to us, and which can be found at the following website address: www.gkcapital.com/privacy-policy

2. You also further acknowledge that the Company may amend and update this policy from time to time without notice.

1. All Intellectual Property Rights in or arising out of or in connection with the Platform and the Services shall be owned by the Company.

2. The Lender acknowledges that, in respect of any third party Intellectual Property Rights, the Lender’s use of any such Intellectual Property Rights is conditional on the Company obtaining a written licence from the relevant licensor on such terms as will entitle the Company to license such rights to the Lender.

3. The Platform, the Website, and all Intellectual Property Rights are the exclusive property of the Company.

1. All Information is owned by us or our Service Providers. You agree to use our Information only in accordance with these Terms.

2. You agree not to use our Information in a manner which would result in a material commercial gain, other than for the purposes of lending or borrowing through our Platform.

1. You agree to indemnify and hold harmless the Company, any member of the Global Kapital Group, any Lender or Borrower, any employee or director of a member of the Global Kapital Group, our Service Providers, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

   • your fraudulent or illegal use of the Platform, the Services or the Website;
   • your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are Matched;
   • any inaccurate or incomplete information that you have knowingly provided to us;
   • your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
   • any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website;
   • any moratorium, rescheduling, refinancing, suspension of payments or similar arrangement or circumstances applying to you and which restrict a Borrower’s ability to repay under a Loan Agreement;
   • any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform; or
   • any claim made against you for actual or alleged infringement of the Company’s Information Technology or any actual or alleged infringement of a third party’s Information Technology arising out of or in connection with the Services or your use of the Platform.

2. You agree that neither the Company nor any member of the Global Kapital Group has any obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of any Borrower to perform its obligations under the Loan Agreement.

3. Nothing in this clause shall restrict or limit either party’s general obligation at law to mitigate a loss which it may suffer or incur as a result of a matter that may give rise to a claim under this clause 22.

1. Without limitation, neither the Company, nor any member of the Global Kapital Group, nor any directors, officers, employees, advisors, agents or Service Providers of the Company or of any member of the Global Kapital Group, accepts any liability whatsoever for any losses arising from the following circumstances:

   • a Default Event;
   • any Platform downtime or system outage;
   • any decision by the Credit Approval Team;
   • computer viruses, malware or errors received by you through the Platform;
   • any tax payable by you;
   • use of the Platform by a third party using your username and password as a result of your failure to keep such information confidential;
   • any due diligence or credit checks carried out by us about you; and
   • any failure to Match your Lending Commitment to a Borrower.

2. Nothing in these Terms shall limit or exclude the Company’s liability for fraud, death or personal injury.

1. For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside the Company’s control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any Lender’s or Borrower’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary licence or consent.

2. The Company shall not be in breach of these Terms nor liable for delay in performing or failure to perform any of its obligations under these Terms if such delay or failure results from a Force Majeure Event.

1. We have the right to immediately and without notice set off any liability or debt that is owed by you to either the Company or any member of the Global Kapital Group.

1. These Terms and any dispute arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising in connection with these Terms.

2. The Company shall be permitted to make amendments to these Terms from time to time and shall notify you of such amendments in writing or by e-mail. You will be deemed to have accepted such amended Terms either by indicating your acceptance on the Platform or by making new Lending Commitments. For the avoidance of doubt, the Terms applicable at the time you make a Lending Commitment will not be amended for the duration of that Lending Commitment. Any further Lending Commitments which you make will be subject to the Terms in effect at that time.

3. You agree that the Company may assign its interest under these Terms to any third party without notice.

4. The Company’s rights and obligations under these Terms are personal to you which means that you cannot assign them to another party without the explicit prior written consent of an officer of the Company.

5. The Company may record all telephone calls and other communications for the purposes of security and training.

6. You understand that the Company will endeavour to be open on all Business Days. However, its offices and telephone lines will be closed on weekends and over UK public holidays. You further acknowledge that the Company will make reasonable efforts to ensure that the Platform is available continuously however that there may be instances where access to the Platform is restricted as a result of scheduled maintenance, technology failure or network failure.

7. If any section or element of these Terms is found to be unenforceable, in contradiction of any law, or illegal, such findings shall not affect the validity of the remainder of these Terms.

8. Any and all calculations carried out in relation to this agreement, the Platform and the Auto-Matching System shall be rounded to two or more decimal places.

9. The Company shall send all electronic communications to you by way of e-mail and/or secure message within the Platform. You agree that any notifications sent using this facility within the Platform shall be deemed an acceptable form of written notification.

10. If the Company does not strictly apply its rights under these Terms at a specific time, it does not restrict the Company from applying them at any time in the future.

11. If the Company chooses to translate these Terms into another language at some point in the future, it does so for reference purposes only and the English version shall prevail.

12. The Company shall be under no obligation to provide a Lender with any information that is reported to the National Crime Agency or any other law enforcement agency. You agree to indemnify and hold harmless the Company against any losses or liabilities as a result of any obligation that the Company has in the delay of payments or transactions pending consent by the National Crime Agency or any other law enforcement agency. No member of the Global Kapital Group shall be responsible to you or any third party for any loss or delay in the return of your money incurred as a result of any actions taken by the National Crime Agency or any other law enforcement agency.

13. No member of the Global Kapital Group shall be responsible to you or any third party for any loss incurred as a result of any member of the Global Kapital Group carrying out Financial Crime Risk Management Activity. For the purposes of this clause, “Financial Crime Risk Management Activity” means any action to meet compliance obligations relating to the detection, investigation and prevention of financial crime. This may include:

    • screening, intercepting and investigating any communication, application for services or any payment, whether sent to or by you or on your behalf;
    • investigating the source of or intended recipient of money;
    • combining customer information with other related information in the possession of Global Kapital Group; or
    • making further enquiries as to the status of a relevant person or entity, whether they are subject to a sanctions regime, or confirming their identity or status.

1. In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.

2. Please write to us making clear the details surrounding your complaint. You can send your complaint by e-mail to support@gkcapital.com or by post to Customer Support, gkCapital, 24 Bevis Marks, London EC3A 7JB.

3. We will endeavour to respond to you to acknowledge your complaint within two Business Days of receiving it. We will endeavour to provide a response to your complaint within ten Business Days of receiving it.

4. If, having received our response, you are still dissatisfied, you can escalate your complaint to our Chief Executive Officer who will investigate the complaint personally and provide a final response to you within ten Business Days.