The CapitalMatch.co.uk website is owned and operated by Capitalmatch Pty Limited (ABN 33 138 589 385) a company registered in Australia ('CapitalMatch').
The words "CapitalMatch", "We", "Our" and "Us" refer to CapitalMatch and "Website" to services delivered on www.CapitalMatch.co.uk.
By access or using the Website, you agree to bound by the Conditions of Use below and any changes made to the Conditions of Use from time to time. CapitalMatch may amend the Conditions of Use by posting those amendments on the Website without any notice to you. Those amendments apply to your next usage of the Website.
1. Copyright
The material provided on the Website is protected by intellectual property laws included copyright law and trademark law. No part of it should be reproduced, adapted, used, copied, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of the copyright owner. You may only use information for your own personal reference.
2. Trademarks
The CapitalMatch logo is a registered trademark of CapitalMatch. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any license or right of use of any logo or trademark displayed on the Website, without the express written permission of the relevant owner.
3. Representations of Advertisements and Listings
CapitalMatch gives no guarantee to you of the continued availability of any particular investor or investment opportunity advertised on the Website and will not be liable to you should an investor or investment opportunity be withdrawn at any time prior to removal of the advertisement from the Website. CapitalMatch gives no guarantee to you that every advertisement represents an actual investor or investment opportunity.
4. Information for personal, non-commercial use only
You agree that information contained on the Website is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from the Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Website including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these Conditions of Use.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website for establishing, maintaining, advancing or reproducing information contained on our Website or on your own website or in any other publication, except with Our prior written consent.
5. Information does not represent professional advice
The information, opinions and other similar statements and content contained on the Website are provided for information purposes only.
CapitalMatch does not make any representation or warranty that any user is reputable, or will act in good faith. CapitalMatch does not endorse or recommend any of the investors or investment opportunities advertised on the Website and CapitalMatch strongly recommends that prior to entering into any agreement with any of the Advertisers on the Website, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website or on the Internet generally.
In no event will CapitalMatch and its directors, agents or employees be liable to you or anyone else for loss arising out of any decision made or action taken by you or anyone else in reliance upon any information, or omissions from information on the Website.
6. Third Party Links and Advertising
CapitalMatch provides links and pointers to Internet sites maintained by third parties from its Website. Such linked sites are not under the control of CapitalMatch and CapitalMatch is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. CapitalMatch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CapitalMatch of the linked site. CapitalMatch is not responsible for the copyright compliance of any linked site. CapitalMatch will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
7. Emails to you and from Registered Users
CapitalMatch sends emails and notices regarding the status of your matters, investment opportunities and your CapitalMatch account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate. We do not control, endorse or approve the services provided by users of the Website.
As a user of the Website, you will be able to anonymously email registered advertisers and investors via the Website. You should be careful when making email contact with another registered user and providing comment. CapitalMatch reserves the right to refuse to publish and or remove from the Website any email or comment that CapitalMatch, in its absolute discretion, considers defamatory, unjustified, inflammatory, obscene, mischievous or unnecessary.
CapitalMatch does not, by allowing any email or comment to remain on the Website, endorse, concur with or otherwise comment on that email or comment. Any emails and comments are made by the user that places them on the Website and not CapitalMatch.
You acknowledge and agree that CapitalMatch accepts no responsibility for liability, damage, injury or loss that may arise from the posting on the Website of an email or a comment and you, by these Conditions of Use, release forever and indemnify CapitalMatch from any liability it may incur arising out of (whether directory or indirectly) any email or comment you post on the Website.
You acknowledge and release CapitalMatch in the event that you deal with underage persons or people acting under false pretense.
You must notify us if you want us to stop emailing you.
8. Promotions and Competitions
If CapitalMatch run promotions or competitions involving the awarding of prizes or other gifts, CapitalMatch may modify the Conditions of Use and implement additional terms and conditions, which will be communicated to you by posting them on the Website at the time of such promotions or competitions.
9. No guarantees as to the service
CapitalMatch provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.
You also understand that CapitalMatch cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or malfunction in equipment or software.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
CapitalMatch undertakes to match information contained in your registration profile with the other files on its database. Matching investors or advertisers may require you to sign additional non disclosure documents or provide additional information about investment opportunities.
Introductions are made only if listings match, that there is no guarantee of a successful outcome between an investor or investment opportunity.
After referral of an investor or investment opportunity all negotiations are between the investor, advertiser or member providing services. CapitalMatch has no responsibility beyond matching persons or corporations who have subscribed to the Website to each other except to process and monitor feedback as agreed.
10. Your Conduct
As a condition of your use of the Website or any service provided by CapitalMatch, you warrant to CapitalMatch that you will not use the Website or any CapitalMatch service for any purpose that is prohibited by the Conditions of Use or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list, you agree not to:
- use the Website to offend, mislead or deceive others (which shall be judged in the absolute opinion of CapitalMatch);
- publish, or in any other way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of CapitalMatch);
- divulge to third parties confidential information given to you about investors or investment opportunities registered with CapitalMatch without the express written permission of the relevant owner;
- Create a false identity upon registering with CapitalMatch for the purpose of misleading others;
- engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the Website;
- use any automated scripting tools or software; make available, using the Website, any material that you do not have a right to make available including under any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other computer software or hardware; or breach any laws or regulations applicable to your use of the Website of any other laws or regulations, detection will result in your account being cancelled immediately.
11. Licence to use Information you send us
CapitalMatch welcomes ideas and feedback from you about all aspects of the Website. You agree that CapitalMatch may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to CapitalMatch. You agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information.
As a user, you must provide CapitalMatch with complete, up to date and accurate information as requested and it is your responsibility to inform CapitalMatch of any changes to that information. All personal information you provide CapitalMatch as a user will be treated in accordance with our Privacy Policy.
CapitalMatch generally uses personal information to:
- personalise and customise your experiences on the Website;
- help CapitalMatch manage and enhance its services;
- communicate with you;
- provide you with ongoing information about opportunities on the Website in which CapitalMatch believes you may be interested; and
- give you the opportunity from time to time to receive e-mail and ''online newsletters'' from CapitalMatch.
12. Security of your Personal Information & Privacy Policy
CapitalMatch undertakes to keep the information submitted in your registration confidential and secure. While CapitalMatch takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on CapitalMatch systems or on the Website. CapitalMatch disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
CapitalMatch reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
In general, the personal information CapitalMatch collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.
CapitalMatch stores the personal information you enter on the Website. CapitalMatch obtains most personal information through the Website registration process. You may, however, provide information through a variety of different means (for example if you contact CapitalMatch via email in any way, including by providing feedback).
CapitalMatch will never:
- Ask you to provide personal information such as your bank or credit card details, your address, driving licence or passport numbers via email. Be suspicious of anyone who does.
- Obtain your bank or credit card details without using a secure browser window with a URL beginning ''https://''.
13. Updating Personal Information
You can update your CapitalMatch membership information at any time by logging into your account on the CapitalMatch website or by completing the 'Send us an Email' section on our Contact Us page.
14. Seeking access to the Personal Information CapitalMatch Holds about You
You have the right to seek access the personal information held about you and to advise CapitalMatch of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, CapitalMatch will ask you to verify your identity and specify what information you require. CapitalMatch may charge a fee to cover the costs of meeting your request.
15. Username and Password
To become a registered user of the Website, you must provide a password and a login name. Each username and password must be used by a single user and is not transferable. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name.
You may change your password at any time by logging into your account on the CapitalMatch website or by completing the 'Send us an Email' section on our Contact Us page.
You agree to immediately notify CapitalMatch of any unauthorised use of your login name or any other breach of security known to you.
16. Termination of User's Account With CapitalMatch
Without limiting other remedies available to CapitalMatch at law, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if:
- you breach these Conditions of Use or the Privacy Policy;
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause legal liability to you, CapitalMatch or its users.
If this happens we may notify you by email. If your use of the Website is cancelled:
- you are no longer authorised to access the Website or use any CapitalMatch service with your registered email address or any other email address you possess;
- you will continue to be subject to and bound by all restrictions imposed on you by the Conditions of Use; and
- all licenses granted by you and all disclaimers by CapitalMatch and limitations of CapitalMatchs liability set out in the Conditions of Use or elsewhere on the Website will survive.
17. Limitation of Liability
CapitalMatch excludes all conditions and warranties that may be implied by law. To the extent permitted by law, CapitalMatchs liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at CapitalMatchs option, to the re-supply of the relevant CapitalMatch service.
As a user of the Website, you expressly agree and acknowledge that in no circumstances will CapitalMatch be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by CapitalMatch) which result from:
- the use of or access to or any inability to use or access the Website or any material on the Website;
- unauthorised access to your internet transmissions or data; or
- statements or conduct of any third party on the Website.
Excluding liability for negligence the maximum liability of CapitalMatch is equivalent to the total of any amounts you have paid to CapitalMatch in respect of goods or services supplied to you by CapitalMatch through the Website.
18. Disclaimer
By using the Website, you agree to abide by and acknowledge the following disclaimer.
We are not involved in the actual transaction between investors and advertisers. We have no control over the quality, safety or legality of the items or content posted by either on the Website, the truth or accuracy of any posting, the ability of providers to provide services and do not guarantee that an investor or advertiser will actually complete a transaction or act lawfully in using the Website. CapitalMatch cannot and does not confirm each investor and advertiser''s purported identity.
In the event that you have a dispute with one or more users of the Website, you release CapitalMatch (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
- Investment in new business carries high risks. It is highly speculative!
- Investment opportunities advertised on this website are subject to the Financial Services and Markets Act 2000;
- Neither CapitalMatch nor this website have been endorsed or approved by the FSA;
- Advertisements to engage in investment activity may only be made by an authorised person or the content of the communication is approved by an authorised person;
- Detailed information may be required by investors to make an investment decision, for example, financial statements, a business plan, information about ownership of the intellectual or industrial property, or expert opinions, including valuations or an auditor's report;
- CapitalMatch prohibits any user from placing or uploading any application form for securities or scheme interests on this website;
- Neither CapitalMatch nor any of its associate have any pecuniary interest in the outcome of any investment decision made by the users of this website other than the registration fee which users pay;
- Before investing in any business opportunity listed on this website, CapitalMatch strongly advises you (or your client, if you are acting for a client) to seek and obtain appropriate professional advice;
- The information contained in this website has been prepared by, or on behalf of, the person who is proposing the business opportunity. It is not intended to be the only information on which your investment decision (your client’s investment decision) should be made and is not a substitute for a disclosure document, product disclosure statement or any other notice that may be required under the Act;
- Detailed information may be required by investors to make an investment decision, for example, financial statements, a business plan, information about ownership of the intellectual or industrial property, or expert opinions, including valuations or an auditor's report;
- CapitalMatch prohibits any user from placing or uploading any application form for securities or scheme interests on this website;
- Neither CapitalMatch nor any of its associate have any pecuniary interest in the outcome of any investment decision made by the users of this website other than the registration fee which users pay;
- Prospective investors in private companies should be aware that no established market exists for the trading of any securities or scheme interests that may be offered on this website;
- Prospective investors are strongly advised to seek and obtain take appropriate professional advice before accepting an offer for issue or sale of any securities or scheme interests;
- CapitalMatch has not made any independent review of any of the information contained in this website; and
- Investors located outside the United Kingdom are able to make investments in UK companies however, they should consult their financial and legal advisors on any investment rules, regulations and relevant laws applicable to their country of residence.
You acknowledge:
- having read, or having had the opportunity to read, the disclosure statement above;
- you are aware of the limitations of the information provided on this website described in the disclosure statement above;
- you are aware of your obligations under the Financial Services and Markets Act 2000; and
- you agree to the Conditions of Use and Privacy Policy of the Website.
19. Warranty
You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that CapitalMatch and all affiliates and related entities of CapitalMatch have no responsibility for the legality of the actions of users of the Website or the CapitalMatch service.
20. Indemnity
You indemnify and release CapitalMatch and its directors, employees, agents, contractors, and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor''s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Conditions of Use or your violation of any law or the rights of a third party.
21. No Agency
You and CapitalMatch are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is created or intended by this Conditions of Use agreement or your use of the Website or the CapitalMatch service.
22. General provisions
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
23. Dispute Resolution Policy
CapitalMatch attempts to resolve any customer complaints and answer any questions within one business day from the first contact made by the customer.
All complaints should be sent by email by completing the 'Send us an Email' section on our Contact Us page.
25. Refund Policy
When you register as a member of CapitalMatch or place an investment opportunity advertisement with CapitalMatch for any length of time, you agree that your membership and advertisement is non-refundable at the time that payment is made.
You are free to leave our service for another provider or to discontinue your advertisement listing at any time and as such membership and advertising fees are not subject to refunds in full or on a pro-rata basis.
26. Notices
Except as explicitly stated otherwise, any notices shall be sent by email by completing the 'Send us an Email' section on our Contact Us page.