(last updated: October 7th 2020)
Thank you for visiting our website. These Terms apply to the use of this Site and to the provision of Services by us, the lang cat limited. In using the Services you accept and agree to these Terms.
Please read these Terms carefully before using our Services. Where we use bracketed terms in bold (and typically with an initial capital, but disregarding the important information in bold immediately below), these terms apply to the words and expressions which we use within these Terms.
We offer independent and impartial information and guidance to help you to make informed decisions, but we are not able to, and do not, offer financial or other advice. We recommend that you seek professional independent advice if you are at all unsure as to your requirements.
In connection with your use of the Site and the provision of Services, it is your responsibility to (i) accurately reflect and capture all relevant requirements, and (ii) conduct your own complete evaluation in relation to your business (including your clients and other interested parties) and ensure that you fully check, approve and sign-off anything we make available or provide to you. It is your responsibility to comply with all regulatory, legal, insurance, risk, compliance, suitability (including client suitability) and any other requirements which are applicable to you. You are and remain entirely responsible for taking your own decisions regarding (i) your business, clients and other interested parties, (ii) the provision of the Services, (iii) the suitability the Services, including any recommendations, information or guidance provided, and (iv) that the Services do not adversely impact upon your regulatory, legal, compliance and/or any other responsibilities, including those to other parties. We do not provide a recommendation or endorsement of product or service providers.
Please ensure that you have all the necessary rights to provide any user-generated content/commentary that you supply in using the Services, and note that such content may be accessed, viewed or shared by or with us, our trusted third party suppliers, providers and clients, and other users. In the event that you cease to use the Services, or cancel your subscription to the Services or the Services are otherwise unavailable, you acknowledge that you will no longer have access to any information, material, content or other data that you have entered as part of your use of the Services.
You may print copies and download extracts of any page(s) on our Site, or otherwise provided by us to you as part of the Services, for your own personal, non-commercial use and you may draw the attention of others to content posted on our Site. If you are a registered and paying subscriber of Services, you may in addition use material or information which is provided to you (for example, downloading, saving and printing insight materials or reports) strictly for legitimate business purposes, in accordance with the purpose for which it is intended and provided, for your own internal business reference and information purposes only. You may not copy, modify, sublicence or resell any element of the Services and if you want to make any further use of the material or information provided as part of the Services, including any further commercial use, then you must get in touch to agree this further use and any associated cost with us in advance.
These terms & conditions contain limitations of our liability.
The lang cat limited (we/us/our/lang cat) is the (i) owner and operator of langcatfinancial.co.uk, platformanalyser.thelangcat.com, platform-analyser.com and all associated lang cat websites (including any subsequent or replacement URL or URLs) (our Site), including any applications and/or digital channels provided by us for the purpose of accessing our Site or other services, and (ii) provider of the lang cat services, business information, publicity, products or goods ((i) and (ii) together being our Services). We are a limited company registered in Scotland under company number SC390771. Our registered company address is 6 Quayside Mills, Edinburgh, EH6 6EX. Our VAT number is GB108692109.
If you work for a firm or business, in using our Services then you are accepting the Terms for and on behalf of that firm, company or business entity (Firm) which may be named as part of the registration process for using the Services, and the expression ‘you’ refers to the individual user and Firm. If you are an individual and using our Services in an individual capacity, ‘you’ refers to you as the individual user. In clicking to accept these Terms, you are confirming acceptance that you have read and agree to be bound by these Terms, and (as an individual) have the necessary authority to accept them on behalf of the Firm and that you warrant on behalf of the Firm that you will comply with the Terms. You are responsible for ensuring that all persons who access our Services through or in connection with your account are aware of these Terms, and that they comply with them.
We may update our Services and/or change the content (including these Terms) at any time and without notice. We may update our Terms from time to time by updating these on our Site or by otherwise notifying you. By continuing to use our Services you will be deemed to have accepted any changes or updates. Please however note that any of the content on our Services may be out of date at any given time, and we are under no obligation to update it.
4.3 Intended Audience:
The Services are intended to be used by those with a place of business in the United Kingdom. Nothing within the Services constitutes an offer or promotion of services or products to persons outside the UK.
Although we take care to ensure accuracy, we do not guarantee that our Services, or any content forming part of them, will be free from errors or omissions. Due to the nature of Services, and although we take uptime of applications seriously, we do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may withdraw, discontinue, suspend or change all or any part of our Services without notice. We will not be liable or responsible to you if for any reason our Services are unavailable at any time or for any period, or if there is a failure to perform or a delay in performance on our part.
If you place an order with us or send us a payment, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of wilful neglect on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the Services or ordering from us.
4.6 User content:
You may submit user-generated content (including third party personal data) as part of your use of the Services. In doing so, you warrant to us that such content is accurate, not misleading, up-to-date (and that it will be kept up-to-date) and that you have all necessary rights, consents and permissions to submit such content. We (and, depending on the nature of the content submitted, other users) will have access to this user-generated content, and in so providing such user-generated content you grant to us a non-exclusive, royalty-free licence to hold, store, and use such content, and (with the exception of personal data) publicly display, distribute, modify, remove, publicly perform and translate such content. If you provide comments then these are not necessarily anonymous and may be viewed by other users.
We may host user-generated content from others as part of our Services for which we are not responsible or liable. Accordingly, you may access content that you find offensive, upsetting or undesirable. Your sole remedy is to stop viewing the content. We monitor use of the Services.
Other additional terms which form part of these Terms include:
If you choose, or you are provided with, a password, user name or user identification code or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. Unless we specify otherwise, this information is personal to you and you must not disclose it to anyone. You are responsible for all activity that occurs via your account. Any such user name, identification code and/or password is non-transferable. We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know, or suspect, that anyone other than you knows your user identification code or password, you must promptly notify us using the contact information above.
In addition to your responsibilities which are highlighted at the start of these Terms and any other responsibilities set out in these Terms or otherwise applying to you, you must use our Services in a professional, diligent manner, for honest and lawful purposes only. You may not use our Services:
7.1 In any way that breaches any applicable local, national or international law or regulation.
7.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
7.3 In any way that violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity.
7.4 In any way that impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable.
7.5 In any way which could adversely affect our reputation (which would include the removal or alteration of any text or other information which appears on anything provided by us, for example audience statements or disclaimers on reports or output, as part of the Services).
7.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam.
7.7 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 or malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware (Malware), or for any form of denial-of-service attack or similar.
7.8 To reproduce, duplicate, copy or re-sell any part of our Services in contravention of, or other than as contemplated in, the provisions of these Terms.
7.9 To access without authority, interfere with, damage or disrupt (i) any part of our Services; or (ii) any equipment or network on which our Services are stored or accessible, any software used in the provision of our Services, or any equipment or network or software owned or used by any third party in the provision of, or accessible through, our Services.
7.10 To act on our behalf or purport to bind us in any way. You do not have authority to act for or on our behalf or as our agent or representative.
We are the owner or the licensee of all intellectual property rights in our Services, and in the materials published as part of them. These materials are protected by copyright laws and intellectual property rights around the world. We and our licensors remain the sole owner of all right, title and interest in the Services and we do not grant you any rights to patents, copyrights, trademarks, trade secrets or any other rights except as specifically stated in these Terms. All such rights are reserved.
You may print copies and download extracts of any page(s) on our Site, or otherwise provided by us to you as part of the Services, for your own personal, non-commercial use and you may draw the attention of others to content posted on our Site. If you are a registered and paying subscriber of Services, you may in addition use material or information which is provided to you (for example, downloading, saving and printing insight materials or reports) strictly for legitimate business purposes, in accordance with the purpose for which it is intended and provided, for your own internal business reference and information purposes only. You may not copy, modify, sublicence or resell any element of the Services and if you want to make any further use of the material or information provided as part of the Services, including any further commercial use, then you must get in touch to agree this further use and any associated cost with us in advance. You must not modify the paper or digital copies of any materials or output you have printed off, downloaded or otherwise produced in any way, and you must not use any illustrations, photographs, video or audio sequences, notices, disclaimers, statements or any graphics separately from any accompanying text.
Our status (and that of any identified third-party licensors or contributors) as the authors of content on the Services must always be acknowledged. If you otherwise wish to quote or refer to us, you must get our written consent in advance of any such quote or reference.
Regarding any of your logos, trademarks or other intellectual property that you supply to us or that are used in the provision of the Services, you grant to us a revocable, non-exclusive, worldwide, royalty-free license to use such logos or trademarks. If you print off, copy, download or otherwise use any part of our Services in breach of these Terms, your right to use our Services may be withdrawn and you may be required, at our option, to return or destroy any copies of the content or materials you have made or otherwise take such action as we may require.
How long we keep data in a form which permits identification of data subjects depends on the Services provided to you, and you are responsible for ensuring that personal data you provide in using the Services, and over which you have control, isn’t retained for any longer than is necessary for the purposes you need to use it for. Personal information may be disclosed to other trusted businesses and to reputable third parties who help in the provision of the Services or who we otherwise work with. Whenever we share personal information, we will do so in line with our obligations under GDPR and to keep personal information safe and secure.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that expressly cannot be excluded or limited by applicable law. Otherwise, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, whether express or implied. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights as a consumer.
Although we take care to ensure accuracy and that our Services are up to date, the Services are provided for general information only and you use them at your own risk. The Services should not be relied upon and we cannot accept responsibility or liability if things go wrong. We are not regulated by the Financial Conduct Authority or the Prudential Regulation Authority. We make no warranties or representations of any kind in relation to the accuracy of the Services or any transaction carried out in relation to Services, which are provided on an "as is" and "as available" basis. We make no representation or warranties of any kind:
10.1 in relation to the Services, or anything provided or supplied as part of the Services, or any transaction that may be conducted on or through the Services, including implied warranties of non-infringement, compatibility, security, accuracy, suitability, conditions of completeness, or any implied warranty arising from a course of dealing or usage or trade; or:
10.2 that the Services will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Services. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Services, or for any loss of access to such content.
We will not be liable for any loss or damage, whether in contract, tort (including negligence), delict, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with a) use of, or inability to use, our Services; b) use of, or reliance on, any content displayed on our Services; c) loss of profits, sales, business, or revenue; d) business interruption; e) loss of anticipated savings; f) loss of business opportunity, goodwill or reputation; g) any indirect or consequential loss or damage; or (h) Malware, your use of our Services or your downloading of any content on them, or on any website or app linked to them. You hereby waive any claim you may have or acquire against us and you will indemnify and hold us harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits or loss of business arising out of or relating to your access or use of the Services.
We assume no responsibility for the content of websites or apps linked on our Services or for content that others post through their use of our Services. Such links or content should not be interpreted as endorsement by us of those linked websites, apps or content. We will not be liable for any loss or damage that may arise from them or your use of them.
You may post or create a link on another website or app to any page on our Site which is accessible to the general public, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, 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 unless such linking is permitted by the website owner.
Our Site must not be framed on any other site or app.
We reserve the right to withdraw linking permission without notice.
If you wish to make any reference to us or make any use of content provided as part of our Services other than that set out above, please contact us.
When you place an order for Services with us, the process required to create the contract between you and us is:
12.1 You place the order following the appropriate process on the Site or by otherwise contacting us. You will be guided through the process of placing an order.
12.2 We will send you an order acknowledgement (for instance, by email) detailing your order. This is not an order confirmation or order acceptance from us.
12.3 Order acceptance and the completion of the contract between you and us will take place when you have paid and can access the relevant Services, or on the dispatch to you of the items you have ordered, unless we have notified you that we do not accept your order.
12.4 For most products sent directly by us, your credit/debit card will generally be charged when your order is processed or dispatched.
12.5 Non-acceptance of an order by us may be as a result of:
12.5.1 Our inability to obtain authorisation for your payment.
12.5.2 Our inability to fulfill an order due to inconsistencies in information provided by you and an online payment company (for example, when paying by Stripe, we may only be able to deliver or fulfil an order to verified delivery addresses as advised to us by Stripe).
12.5.3 The identification of a pricing or product description error.
12.5.4 You not meeting eligibility to order criteria set out by us or as we might otherwise reasonably determine (for example, your status, the nature of your business, or regarding bulk, high value or suspicious purchases).
12.5.5 The product you ordered being unavailable (for instance, because it has been removed or we no longer supply it).
12.6 Risk in anything that we send out to you passes to you from the time of delivery. Ownership will only pass to you (but only to the extent that we intend ownership to pass – so always excluding items such as, for example, our intellectual property rights) when we receive full payment of all sums due to us by you, including delivery charges.
Any discount, reduction or other codes provided from time to time may be withdrawn solely at our discretion, at any time and without further notice. Such codes may be subject to restrictions which may be determined by us at our sole discretion, including the timing, availability or limits of promotional services, items or stock.
If you are a consumer, the Consumer Contracts Regulations 2013 (2013 Regulations) offer you certain cancellation rights when you buy online or by phone. Under the 2013 Regulations you are entitled to cancel your contract if you so wish, provided that you exercise your right to cancel your contract by a clear statement no longer than 14 days after the day on which you receive the goods or services. This right does not apply to certain items (for example, goods/services made or provided to your specification or personalized, or if you have downloaded digital content). If you require further clarification please contact us before placing your order.
If you wish to exercise your right of cancellation, you are obliged to retain possession of any goods or products provided and take reasonable care of them. They need to be returned to us in a re-saleable condition.
In order to cancel your contract under the 2013 regulations, please send us a clear statement to this effect no longer than 14 days after the day on which you receive the products. You can cancel by contacting us on 0131 202 5990, online, or by writing to us at: the lang cat, 6 Quayside Mills, Edinburgh EH6 6EX. So that we can identify your order, please also provide the following information:
Cancellation of contract under Consumer Contracts Regulations 2013
You must then return any goods or products we have supplied you with to us at your cost within 14 days of such cancellation. You will be responsible for any loss or damage to them in transit and we therefore recommend that you use a secure, insured delivery method for returning items (e.g. Royal Mail Special Delivery). Retain your receipt and proof of postage. When we receive the goods we will reimburse (via the payment system used to process the order, or to the credit or debit card of the person who originally placed and paid for the order) the amount in relation to products to which cancellation rights apply. This includes the cost of delivery of products to you where the whole (not part) of the order is returned (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement, for example for loss in value of any products supplied (e.g. if the loss is the result of unnecessary handling or use by you, or if we have provided an item free of charge which you don’t return).
We do not guarantee that our Services will be secure or free from Malware. You are responsible for configuring your information technology, computer programs and platforms in order to access our Services. You should use your own anti-Malware protection and internet security software and ensure the software is kept up to date at all times.
You must not misuse our Services by knowingly introducing Malware. You must not attempt to gain unauthorised access to our Services, the servers on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 and related legislation. We will report any such breach 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 Services will cease immediately.
Our Services may contain links to other sites, apps and resources provided by third parties that offer products, services and materials we think will be of interest to you. We have no control over the content of those sites, apps or resources. These links are provided for your information only and you should exercise all due caution in accessing or using such links. We do not accept or bear any responsibility in connection with such links or for any loss or damage that may result from their use or access.
17.1 We reserve the right to take such action as we deem appropriate, and to suspend, remove or terminate your or your Firm’s access to the Services at any time and without notice if (i) you breach or otherwise don’t comply with any of these Terms; or (ii) in our reasonable opinion such suspension or termination is necessary (for example, for security reasons, due to inappropriate use of the Services or in order to preserve our rights). We will not provide you with a refund of any amounts you have paid in advance for the use of the Services. Any such suspension, removal or termination is without prejudice to any other rights we may have.
17.2 You may cancel any recurring, rolling, annual or other subscription to our Services by serving us with 30 days’ notice in writing. If you do cancel then you understand, acknowledge and agree that (i) we will not provide you with a refund of any fees paid in advance for Services you will no longer use or access; and (ii) you will lose access to any information, material, content or other data that you have entered as part of your use of the Services, and that such data may be deleted or removed in its entirety by us.
17.3 Nothing in these Terms or under our contract creates legal rights for, or enforceable by, any party other than you or us.
17.4 The expressions “including”, “for example” or similar reference are to be construed without limitation.
17.5 These Terms govern our relationship with you and you agree that these terms will apply in connection with the Services. We reserve the right to change the Terms and other content from time to time, and your continued use of the Services following such change will be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the Terms or other content have been changed, and if you do not agree to any change to the Terms then you must immediately stop using the Services.
17.6 We may terminate these Terms and/or the provision of the Services (temporarily or permanently) at our sole discretion and with immediate effect and without providing a refund to you for any amounts paid in advance for the use of the Services. For instance, this may be necessary in the case of an unexpected and sudden regulatory change. Any such termination will not affect any accrued rights or liabilities.
17.7 Any notice that a party needs to send regarding these Terms or the Services should be in writing and sent to the last notified correspondence address of the recipient. Any such notice will be sent by first class pre-paid recorded letter and/or by email, and will be deemed to have been served when delivered and, in the case of email, within 24 hours of being sent as long as the email is marked urgent and no delivery failure message is returned.
17.8 If any provision of these Terms is held to be invalid or unenforceable by any judicial or other competent authority but would be valid or enforceable if some part of the provision were modified or deleted, the provision in question will apply with the minimum modification or deletion necessary to make it valid and enforceable, and the other provisions of the Terms will be unimpaired and remain in full force and effect.
17.9 No part of the Services shall be deemed to constitute an offer or solicitation to sell investments in any jurisdiction.
17.10 If a party fails to exercise any right or remedy under these Terms, this will not prevent them from doing so at any time in the future.
17.11 Each provision of the Terms will be construed as separately applying and surviving, even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
17.12 No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision.
17.13 The headings are inserted for ease of reference only and will not affect construction.
17.14 The singular includes the plural, and vice versa, any gender includes all genders and the expressions “including”, “for example” or similar reference are to be construed without limitation.
If you are a Firm, or using the Services for or on behalf of a Firm, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.
If you are a consumer, these Terms, their subject matter and formation are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.
© the lang cat ltd, October 2020 edition