Terms | GOCAP

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘website’)

These are Terms of Use on which you may use www.gocap.co.uk, its subsections and any of its microsites (the website). Please read these carefully before you start to use the website. By using our website you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our website.

If you are using our website as a potential borrower, please note that you should always think very carefully before you commit to taking out a loan. Before proceeding with a loan, please make sure you read the pre-contract disclosure document and loan agreement provided to you and contact us or seek independent advice if you are unclear about any of the terms.

1. Information about us

www.gocap.co.uk is a website operated by GOCAP Ltd (we, us). We are a Private Limited Company, registered in the United Kingdom under company number 12589929. Our registered office is at Finchley Park, Emmet Hill Lane, Laddingford, Kent ME18 6BG.

2. Other applicable terms

These Terms of Use refer to our privacy policy, which also applies to your use of our website. By using our website, you consent to the terms and conditions of our privacy policy and you warrant that all data provided by you is accurate.

3. Accessing our website

You will be able to access parts of the website without having to register any details with us.

Access to our website is permitted on a temporary basis

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We make reasonable efforts to ensure that this website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The website may be temporarily unavailable at any time because of:

• server or systems failure or other technical issues;

• reasons that are beyond our control;

• required updating, maintenance or repair. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

We reserve the right to:

• Make changes to the information or materials on this website at any time and without notice to you.

• Temporarily or permanently change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts of or the entire website without notice or liability to you or any third party.

• Refuse to post material on the website or to remove material already posted on the website

Subject to your compliance with these Terms of Use, we grant you permission to use our website, provided that:

• use of our website is permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to our website, or to use our website in any other manner inconsistent with these Terms of Use;

• you will not duplicate, transfer, give access to, copy or distribute any part of our website in any medium without our prior written authorisation; and

• you will otherwise comply with the terms and conditions of these Terms of Use and our privacy policy.

• you will not disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

• you will not transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise

• you will not breach any applicable local, national or international laws, regulations or code of practice

• you will not gain unauthorised access to other computer systems

• you will not Interfere with any other person’s use or enjoyment of the website

• you will not breach any laws concerning the use of public telecommunications networks

• you will not interfere with, disrupting or damaging networks or websites connected to the website

• you will not utilise data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the website

• you will not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation

• you will not create and/or publish your own database that features all or substantial parts of the website

• you will not make, transmit or store electronic copies of materials protected by copyright without the prior permission of the owner

• you will not knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the website

• you will not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to it

• you will not attack the website via a denial-of-service attack or a distributed denial-of service attack

• you will not damage or disrupt any part of the website, any equipment or network on which the website is stored or any software used for the provision of the website

• you confirm that you are over 18 years of age and are fully competent to enter into and comply with these Terms of Use and our privacy policy.

A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the website will cease immediately.

4. Your account and password

When you subscribe to our website, as part of our security procedures be provided with, a user identification code and password. You must treat such information as confidential and must not disclose it to any third party.

When you use our website we will check your identity by asking for your user identification code and password. If the correct user identification code and password are provided, we will assume that you are the person giving instructions and making transactions. You will therefore be liable for such instructions and transactions.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, 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 at customer@gocap.co.uk.

We may refuse to act on any instruction that we believe:

• was not submitted by you;

• was not clear;

• might cause us to breach a legal or other duty; or

• suggests that our website is being used for an illegal purpose or a purpose * that is in breach of our regulatory obligations.

5. Our site changes regularly

We aim to update our website regularly, and (provided such changes do not adversely affect you) may change the content at any time without notice by posting such changes on our website. If the need arises, we may suspend access to our website, or close it indefinitely without notice. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6. Termination of your account

If you open a borrower account with us, once you have repaid all of the loans that we have granted to you, you may terminate your account with us by sending us an email to customer@gocap.co.uk.
Following notice of termination of your account, we will provide you with limited access to our website and the “My Account” area of the website for fourteen days so that you can download any of your account content or information relating to your loan(s). After the end of the seven day period, you will no longer be able to access the “My Account” area of our website. However, we will continue to maintain records regarding you to the extent that we are required by law or regulation to do so.
We may terminate your account if you have lied to us, seriously or repeatedly breached these Terms of Use, die, become bankrupt or make a voluntary arrangement with anyone to whom you owe money.
We may either terminate or suspend your account immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity. We will then notify you of any such termination or suspension as soon as is reasonably practicable, to the extent we are permitted to do so by applicable law.

7. Our liability

Except as expressly stated in these Terms of Use, we do not give any representations, warranties or undertakings in relation to our website.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with these Terms of Use and/or your use of our website whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out below.

Nothing in these Terms of Use shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;

• fraud or fraudulent misrepresentation; or

• any Action pursuant to section 2(3) of the Consumer Protection Act 1987

• Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability or which cannot be limited by English Law

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

• any loss of goodwill or reputation; or

• any special or indirect losses; or

• any loss of data; or

• wasted management or office time; or

• any other loss or damage of any kind

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer.

8. Intellectual property rights

We or our licensees are the owner or the licensee of all intellectual property rights in our website, and in the material published on it.
You may download or copy the content and other downloadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website.
You acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you to use any of our trademarks or those of our affiliated companies.

9. Disclaimer

Commentary, information and other materials posted on our website are not intended to amount to advice on which reliance should be placed. The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.
We will not be liable to you if the website is unavailable at any time.
We attempt to ensure that the information available on the website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
The website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the website for any particular purpose or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the website.
We cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the website or you downloading any material posted or sold on the website or from any website linked to it.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

10. Information about you and your visits to our website

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

11. Cookies

We use cookies to help us analyse traffic on our site and customer behaviour. Cookies may also be used by our partners to understand marketing and traffic patterns. During the course of any visit to our website, the pages you see, along with a cookie, are downloaded to your computer. Any information that is supplied by cookies can help us to provide you with a better service and assists us in analysing the profile of our visitors.
Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive our cookies, we cannot guarantee that your experience with our website will be as quick or responsive as if you do receive cookies. If you wish to manage the use of cookies, you should reference the process through the web browser you are using.
We do not store passwords or any other information about a visitor in a cookie that could identify them, their location, their preferences or their financial activity.
If you wish to see your cookie code, just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.

12. Viruses, hacking and other offences

In the event that you knowingly place viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful on to our website, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

13. Linking to and from our website

You may link to our website, having first obtained our prior written consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. We reserve the right to withdraw linking permission without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done. The website in which you are linking must be owned by you and comply in all respects with the content standards which we upload to our website from time to time. It explicitly must not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted.
We have no obligation to inform you if the address of the website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss, damage or offence that may arise from your use of them or reliance upon such advertising, content, product, materials or services available on and/or purchased by you from such external website or resource. You should review their individual privacy policies as they may differ from ours.

14. General

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15. Governing Law and Jurisdiction

The website is controlled and operated in the United Kingdom.
These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

16. Agreement

These Terms of Use supplement any existing terms and conditions between you and GOCAP Ltd, and together these constitute the whole agreement between you and GOCAP Ltd. To the extent that there is any inconsistency between these Terms of Use and your existing terms and conditions, then these Terms of Use shall prevail in respect of our website.

17. Variations

We may revise these Terms of Use 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 may have made as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website.

18. Your concerns

If you have any concerns about material that appears on our website, please contact us at customer@gocap.co.uk.