WEBSITE TERMS OF USE

WEBSITE TERMS OF USE

WEBSITE TERMS OF USE

Digital Capital Ltd

Website use is separate from entering a regulated-service contract.

1. INTRODUCTION

1. INTRODUCTION

1.1 These Website Terms of Use (“Website Terms”) govern your access to and use of the Digital Capital Ltd website and any related web-based interfaces (the “Website”).

1.2 The Website is operated by Digital Capital Ltd, a company incorporated in England and Wales (Company No. 10222334) with its registered office at 3rd Floor, 86–90 Paul Street, London, EC2A 4NE, United Kingdom.

1.3 Digital Capital Ltd is authorised by the Financial Conduct Authority as an Electronic Money Institution (FRN 900710).

2. PURPOSE OF THESE TERMS

2. PURPOSE OF THESE TERMS

2.1 These Website Terms:

  • define the conditions under which the Website may be used

  • establish limitations of liability

  • set expectations for acceptable use

  • protect Digital Capital from misuse of the Website

2.2 These Website Terms govern website use only. Digital Capital e-money and payment services, and any separate elected bank savings account, are governed by their applicable accepted service terms. Visiting this website or sending an enquiry does not open an account.

3. SCOPE OF APPLICATION

3. SCOPE OF APPLICATION

3.1 These Website Terms apply to:

  • all visitors to the Website

  • all users accessing content or functionality

  • prospective customers

  • Partner users accessing web interfaces

4. ACCEPTANCE OF TERMS

4. ACCEPTANCE OF TERMS

4.1 By accessing or using the Website, you agree to be bound by these Website Terms.

4.2 If you do not agree, you must not use the Website.

5. RELATIONSHIP WITH OTHER DOCUMENTS

5. RELATIONSHIP WITH OTHER DOCUMENTS

5.1 These Website Terms must be read together with:

  • Account and Payment Services Agreement

  • Privacy Notice

  • Cookie Policy

  • Acceptable Use Policy

5.2 Where there is a conflict:

  • service-specific terms take precedence over Website Terms

6. NATURE OF WEBSITE CONTENT

6. NATURE OF WEBSITE CONTENT

6.1 The Website provides:

  • general information

  • product descriptions

  • access points to services

6.2 The Website does not itself constitute:

  • a regulated financial service

  • advice

  • an offer to enter into a contract

6.3 Digital Capital is currently pre-operational and does not provide services or hold customer funds. Its planned initial package is for eligible UK-established hospitality businesses using GBP e-money and domestic payments, with optional separate savings subject to the applicable product arrangements. The pricing pages distinguish standard prices from temporary pilot benefits. No savings application or interest-rate offer is currently available through this website.

7. NO FINANCIAL OR LEGAL ADVICE

7. NO FINANCIAL OR LEGAL ADVICE

7.1 Content on the Website is for informational purposes only.

7.2 It must not be relied upon as:

  • financial advice

  • legal advice

  • investment advice

8. RELIANCE ON CONTENT

8. RELIANCE ON CONTENT

8.1 You are responsible for assessing the suitability of any information.

8.2 General information is not personalised advice, but we remain responsible for legally required disclosures and for ensuring that financial and product communications meet applicable standards. Nothing here excludes liability for a misleading statement or other liability that cannot lawfully be excluded.

9. AVAILABILITY OF THE WEBSITE

9. AVAILABILITY OF THE WEBSITE

9.1 We aim to provide continuous access to the Website.

9.2 However, access may be interrupted due to:

  • maintenance

  • updates

  • technical issues

9.3 We do not guarantee uninterrupted availability.

10. CHANGES TO THE WEBSITE

10. CHANGES TO THE WEBSITE

10.1 We may:

  • modify the Website

  • remove features

  • update content without notice.

10.2 A website edit does not change an existing regulated-service contract or replace the notice and durable-medium requirements applicable to it. Material changes must be presented accurately with the relevant version and effective date.

11. ACCESS RESTRICTIONS

11. ACCESS RESTRICTIONS

11.1 We may restrict access to:

  • certain users

  • certain regions

  • certain features

12. USER RESPONSIBILITIES

12. USER RESPONSIBILITIES

12.1 You must:

  • use the Website lawfully

  • comply with applicable laws

  • not misuse the Website

13. PROHIBITED USE (HIGH LEVEL)

13. PROHIBITED USE (HIGH LEVEL)

13.1 You must not:

  • attempt to gain unauthorised access

  • interfere with systems

  • misuse data

13.2 Detailed restrictions are set out in the Acceptable Use Policy.

14. ACCURACY OF INFORMATION

14. ACCURACY OF INFORMATION

14.1 We aim to ensure accuracy of content.

14.2 We take reasonable steps to keep product information and legal disclosures accurate and current and will correct identified errors promptly. General information may change, but this does not remove responsibility for misleading statements or legally required disclosures. A website update does not by itself amend an existing service agreement.

15. THIRD-PARTY LINKS

15. THIRD-PARTY LINKS

15.1 The Website may include links to third-party websites.

15.2 We are not responsible for:

  • their content

  • their services

16. REGULATORY DISCLOSURE

16. REGULATORY DISCLOSURE

16.1 Digital Capital Ltd is authorised and regulated by the FCA.

16.2 The Website may include regulatory disclosures required by law.

17. GEOGRAPHIC LIMITATIONS

17. GEOGRAPHIC LIMITATIONS

17.1 The initial regulated product is intended for eligible businesses established in the United Kingdom. Access to this public website from another country does not offer a regulated service there, establish EEA passporting or make SEPA, FX or international payments available.

17.2 Access from other jurisdictions may be restricted.

18. CONTACT

18. CONTACT

18.1 For enquiries, contact:

info@digi-capital.co.uk

19. INTELLECTUAL PROPERTY RIGHTS

19. INTELLECTUAL PROPERTY RIGHTS

19.1 All intellectual property rights in the Website and its content are owned by or licensed to Digital Capital Ltd.

19.2 This includes:

  • text

  • graphics

  • logos

  • software

  • design

  • layout

  • databases

19.3 All rights are reserved.

20. PERMITTED USE

20. PERMITTED USE

20.1 You may:

  • access the Website

  • view content

  • use it for personal or internal business purposes

20.2 Any other use requires prior written permission.

20.3 You may download, print and retain legal terms and required disclosures for your own records and share them with your legal or other professional adviser or competent authority for a legitimate purpose. These uses are not prohibited by the general copying restrictions below.

21. PROHIBITED USE OF CONTENT

21. PROHIBITED USE OF CONTENT

21.1 You must not:

  • copy or reproduce content

  • distribute or publish content

  • modify content

  • create derivative works without permission.

22. SCRAPING AND AUTOMATED ACCESS

22. SCRAPING AND AUTOMATED ACCESS

22.1 You must not:

  • use automated tools to extract data

  • scrape content

  • harvest information without prior consent.

23. REVERSE ENGINEERING

23. REVERSE ENGINEERING

23.1 You must not:

  • reverse engineer systems

  • attempt to discover source code

  • analyse system architecture

23.2 This restriction applies only to the extent permitted by law and does not remove a non-excludable statutory right or an activity expressly authorised by Digital Capital.

24. SYSTEM INTERFERENCE

24. SYSTEM INTERFERENCE

24.1 You must not:

  • interfere with the Website

  • disrupt services

  • overload systems

25. SECURITY BREACH ATTEMPTS

25. SECURITY BREACH ATTEMPTS

25.1 You must not attempt to:

  • gain unauthorised access

  • bypass security controls

  • exploit vulnerabilities

26. ACCOUNT AND ACCESS MISUSE

26. ACCOUNT AND ACCESS MISUSE

26.1 Where access to secure areas is provided:

  • credentials must be kept confidential

  • unauthorised use is prohibited

27. USER-GENERATED CONTENT

27. USER-GENERATED CONTENT

27.1 Where the Website allows submission of content:

  • you are responsible for that content

  • content must not be unlawful or misleading

28. LICENSE TO USER CONTENT

28. LICENSE TO USER CONTENT

28.1 For content you submit, you grant only the non-exclusive, royalty-free licence reasonably necessary to receive, store, review and use it for the stated operational purpose. This does not transfer ownership, permit unrelated publication of confidential information or replace the lawful basis and limits in the Privacy Notice.

29. REMOVAL OF CONTENT

29. REMOVAL OF CONTENT

29.1 We may remove content where:

  • it breaches these Terms

  • it creates risk

30. DATA MISUSE

30. DATA MISUSE

30.1 You must not misuse personal data, collect it without a lawful basis or necessary permission, or otherwise breach data protection law. Consent is not the only lawful basis, but you must comply with the rules applicable to your activity.

31. VIRUSES AND MALICIOUS CODE

31. VIRUSES AND MALICIOUS CODE

31.1 You must not:

  • introduce viruses

  • upload malicious code

  • attempt to damage systems

32. MONITORING

32. MONITORING

32.1 We may monitor use of the Website to:

  • detect misuse

  • protect systems

33. ENFORCEMENT ACTIONS

33. ENFORCEMENT ACTIONS

33.1 Where misuse occurs, we may:

  • restrict access

  • block users

  • take legal action

34. REPORTING MISUSE

34. REPORTING MISUSE

34.1 Suspected misuse may be reported to:

  • authorities

  • regulators

35. THIRD-PARTY SERVICES

35. THIRD-PARTY SERVICES

35.1 The Website may rely on third-party services.

35.2 Third parties may have independent responsibilities, but we remain responsible for our own legal duties and any services we contract to provide. A third-party dependency does not automatically exclude liability.

36. SYSTEM DEPENDENCIES

36. SYSTEM DEPENDENCIES

36.1 Website functionality depends on:

  • networks

  • third-party infrastructure

37. SERVICE LIMITATIONS

37. SERVICE LIMITATIONS

37.1 We do not guarantee that:

  • the Website is error-free

  • the Website is secure

38. USER LIABILITY

38. USER LIABILITY

38.1 You are responsible for:

  • your use of the Website

  • any consequences of misuse

39. SUSPENSION OF ACCESS

39. SUSPENSION OF ACCESS

39.1 We may suspend access where:

  • misuse is detected

  • risk is identified

40. INVESTIGATION

40. INVESTIGATION

40.1 We may investigate suspected breaches.

40.2 This may involve:

  • system analysis

  • data review

41. COOPERATION

41. COOPERATION

41.1 You must cooperate with investigations.

42. COST RECOVERY

42. COST RECOVERY

42.1 We may seek reasonable, evidenced and legally recoverable costs directly caused by unlawful misuse or material breach, subject to causation and mitigation. We do not recover costs caused by our own fault or charge for exercising a lawful complaint or data protection right.

43. RESERVATION OF RIGHTS

43. RESERVATION OF RIGHTS

43.1 All rights not expressly granted are reserved.

44. GENERAL LIABILITY PRINCIPLES

44. GENERAL LIABILITY PRINCIPLES

44.1 Nothing in these Website Terms excludes or limits liability where such exclusion is not permitted by law.

44.2 Subject to clause 44.1, liability is limited as set out below.

44.3 In particular, we do not exclude liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any statutory right or duty that cannot be excluded. Where a visitor is a consumer, mandatory consumer protections remain available even though the planned financial product is for businesses.

45. DISCLAIMER OF WARRANTIES

45. DISCLAIMER OF WARRANTIES

45.1 The Website is provided on an “as is” and “as available” basis.

45.2 We do not guarantee that:

  • the Website will be uninterrupted

  • the Website will be error-free

  • the Website will be secure

46. LIMITATION OF LIABILITY

46. LIMITATION OF LIABILITY

46.1 Subject to section 44 and only to the extent lawful and reasonable, we exclude indirect or consequential business losses and loss of profit, business or opportunity arising from use of this informational website. This does not exclude liability for legally required disclosures, misleading statements for which we are liable, data protection obligations or a regulated service governed by its own agreement.

47. LIABILITY FOR WEBSITE USE

47. LIABILITY FOR WEBSITE USE

47.1 You remain responsible for lawful use and your independent decisions. We remain responsible for our own statements, acts and omissions to the extent required by law; section 44 governs.

48. THIRD-PARTY CONTENT AND SERVICES

48. THIRD-PARTY CONTENT AND SERVICES

48.1 We do not control independent third-party websites, content or services and a link does not imply endorsement. This does not remove liability for our own selection, descriptions, processing or obligations where the law makes us responsible.

49. TECHNICAL ISSUES

49. TECHNICAL ISSUES

49.1 System failures, network issues and downtime may affect access. Liability is assessed under sections 44–46 and applicable law; these events are not automatic grounds to exclude every remedy.

50. SECURITY LIMITATIONS

50. SECURITY LIMITATIONS

50.1 While we implement security measures, we do not guarantee that:

  • the Website is free from vulnerabilities

  • access will be secure at all times

51. FORCE MAJEURE

51. FORCE MAJEURE

51.1 To the extent lawful, an event outside our reasonable control may excuse the affected performance where its consequences could not reasonably have been avoided. System outages, network failures, regulatory actions and natural disasters are assessed on their facts. We take reasonable steps to mitigate disruption and do not use this clause to remove mandatory customer or privacy rights.

52. USER LIABILITY

52. USER LIABILITY

52.1 You are responsible for:

  • your use of the Website

  • compliance with these Terms

53. INDEMNITY

53. INDEMNITY

53.1 A user is responsible for direct, reasonably foreseeable and legally recoverable loss caused by unlawful misuse or material breach, subject to proof, causation and mitigation. This does not cover our own negligence, breach or unlawful conduct and does not impose an unfair or prohibited indemnity on a consumer.

54. REGULATORY POSITION

54. REGULATORY POSITION

54.1 The Website does not constitute:

  • provision of regulated services

  • a binding offer

54.2 Regulated services are governed by separate agreements.

55. CHANGES TO TERMS

55. CHANGES TO TERMS

55.1 We may update these Website Terms at any time.

55.2 Changes apply prospectively to website use after appropriate publication and notice where required. They do not retrospectively change accrued rights, establish privacy consent or amend an existing account agreement without its required change procedure.

56. SUSPENSION AND TERMINATION

56. SUSPENSION AND TERMINATION

56.1 We may suspend or terminate access where:

  • misuse is identified

  • risk arises

57. SEVERABILITY

57. SEVERABILITY

57.1 If any provision is invalid, the remainder remains in force.

58. WAIVER

58. WAIVER

58.1 Failure to enforce a provision does not constitute a waiver.

59. THIRD-PARTY RIGHTS

59. THIRD-PARTY RIGHTS

59.1 These Terms do not create rights for third parties.

60. GOVERNING LAW

60. GOVERNING LAW

60.1 These Website Terms are governed by the laws of England and Wales.

61. JURISDICTION

61. JURISDICTION

61.1 The courts of England and Wales have jurisdiction.

61.2 This does not remove any mandatory right of a consumer to bring proceedings in another competent court or any statutory complaint or regulator route.

62. ENTIRE AGREEMENT (WEBSITE)

62. ENTIRE AGREEMENT (WEBSITE)

62.1 These Website Terms govern Website use only.