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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.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  1. 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.

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

  3. Our P2P Terms which sets out the terms on which we extend loans via the site.

Information About Us

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.

Changes To These Terms

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.

Changes To Our Site

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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to notify users.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

Accessing Our 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 And Password

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.

Intellectual Property Rights

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.

No Reliance On Information

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.

Sole Discretion

gkCapital may reject any registration, close any account and withdraw user access to the website for any reason, immediately and without notice, at its sole and absolute discretion, including if you provide false or incorrect user account information, establish multiple accounts or do not notify gkCapital of changes to your user profile information immediately.

Limitation of Our Liability

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:

  1. use of, or inability to use, our site; or

  2. 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:

  1. loss of profits, sales, business, or revenue;

  2. business interruption;

  3. loss of anticipated savings

  4. loss of business opportunity, goodwill or reputation; or

  5. 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 Crowd2Fund, 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.

Viruses

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.

Linking To Our Site

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.

Third Party Links and Resources In Our Site

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.

Applicable Law

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.

Prohibited Uses

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

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

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

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

  4. 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:

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

  2. 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.

Termination or Suspension of Use

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:

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

  2. Issue of a warning to you.

  3. 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.

  4. 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.

Changes to the Terms of Use

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.

Limitation of Liability

Whilst we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Website, information is provided on an "as is", "as available" basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Website and the materials contained in it are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential or otherwise that you may suffer as a result of your use of the Website, including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from "hacking" or otherwise or your reliance on the information contained on the Website.

We do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website. The information, material and content provided in the pages of the Website may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. Any revised term shall take effect as at the date when the change is made to the Website. You agree to review the Terms regularly and your continued access to or use of the Website will mean that you agree to any changes.

Internet Messages

Messages sent over the Internet cannot be guaranteed to be completely secured as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.

Contact Us

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.