Terms and Conditions

Effective Date: 2024-10-01

Introduction

Thank you for using our products and services ("Services"). The Services are provided by Lochduich Capital LTD.

These Terms of Services (the “Terms”) are a binding contract between you and Lochduich Capital Ltd. You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. If any aspect of the terms remains unclear, please feel free to reach out to support@lochduichcapital.com for further clarification.

License to use the platform

Lochduich Capital Ltd grants you a personal, worldwide, non-assignable, and non-exclusive license to use the software provided as part of the Services offered through our website. This license is specifically granted to enable you to use and derive benefits from the Services as permitted by these terms.
You are authorised to access and use the Services for your personal and non-commercial use in relation to the financial consulting services provided. It is important to note that this license does not allow you to use the Services for any other purpose than as expressly permitted by these terms. Moreover, you may not:
  • Copy, modify, distribute, sell, or lease any part of our Services or the included software. Use the Services or any part of them for any commercial purpose without obtaining a licence to do so from Lochduich Capital.
  • Reverse engineer or attempt to extract the source code of the software provided, unless such actions are expressly permitted by law or you have received prior written permission from us.
This license does not transfer any title to the software or to any research documents provided through our Services, nor does it transfer any underlying intellectual property rights to you. All rights, title, and interest in and to the software and research documents remain with Lochduich Capital Ltd, except as expressly set forth in these terms. Any use of the Services, including the dissemination of research documents, not specifically permitted under these terms is strictly prohibited and may result in the termination of your license to use the platform..

Eligibility

Lochduich Capital Ltd's platform is open to all users who seek financial advice and consulting services. However, eligibility to access our Services does not imply suitability for all types of financial decision-making. By agreeing to these terms, you acknowledge that the financial advice provided through our platform is for informational purposes only and should not be considered as exhaustive or suitable for all individuals or situations.
You are responsible for ensuring that your use of the platform and reliance on any financial advice or documents provided herein aligns with your personal financial situation and risk tolerance. Lochduich Capital Ltd does not take responsibility for any financial losses that may arise from your decisions based on the information obtained from our Services. You should seek additional professional advice where necessary to supplement the insights gained from our platform.
By using our Services, you represent that you are capable of forming legally binding contracts under applicable law. You acknowledge and agree that your use of the platform is at your sole risk.

Payments

Lochduich Capital Ltd offers specific case studies for purchase on a one-off payment basis. These payments are required to access the proprietary financial case studies provided through our platform.
All payments are due immediately at the time of purchase and are processed using secure, established payment gateways. We accept a variety of payment methods, which are listed on our website at the point of transaction.
Please note that all payments made for case studies are non-refundable. These case studies are considered final sales once access has been granted to the purchaser. We encourage you to review the abstract or summary of the case study, where available, before making a purchase to ensure it meets your needs.
By completing your purchase, you agree to these payment terms and acknowledge that no refunds will be issued once access to the case study is provided.

User-Generated Content

By using our Services, you may have the opportunity to create, modify, upload, or share content, including but not limited to text, images, videos, audio files, or other materials (collectively, "User-Generated Content" or "UGC"). You are solely responsible for the UGC that you create or share on our platform and must ensure that it complies with all applicable laws, regulations, and these Terms. By submitting or sharing UGC, you represent and warrant that you own or have the necessary rights, licenses, and permissions to use and distribute the UGC, and that you do not infringe upon any third-party intellectual property rights, privacy rights, or any other legal or moral rights. Lochduich Capital does not claim ownership of your UGC; however, by submitting or sharing UGC, you grant Lochduich Capital a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Services and Lochduich Capital's business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also agree that Lochduich Capital has the right, but not the obligation, to monitor, review, edit, or remove any UGC at its sole discretion. Lochduich Capital is not responsible for any UGC posted or shared by users and assumes no liability for any loss or damage resulting from the use of or reliance on any UGC.

Prohibited Activities

We reserve the right to block further usage of our platform if any of these rules are broken.
  • You must not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. This includes, but is not limited to, web crawlers, spiders, bots, or other automation devices.
  • You must not attempt to reverse engineer our application in order to manipulate or alter its expected behavior. For example, searching for phrases that would force the AI prompt to deviate from its intended function is not allowed.

Privacy and Copyright Protection

Lochduich Capital's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Lochduich Capital can use such data in accordance with our privacy policies.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go. Lochduich Capital may also stop providing Services to you, or add or create new limits to our Services at any time.

Liability for our Services

When permitted by law, Lochduich Capital, and Lochduich Capital's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Lochduich Capital, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again). In all cases, Lochduich Capital, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We do not guarantee the uptime of our service and the accessibility may be unstable. Therefore, if you have downstream dependencies, we do not take responsibility for any such cases.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Lochduich Capital and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

Governing Law and Jurisdiction

These Terms and any disputes or claims arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

Agreement to Arbitrate

  • (a) Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Act 1996, as amended or replaced from time to time.
  • (b) The parties agree that any dispute arising out of or in connection with these Terms, including any dispute concerning refunds, will be resolved exclusively through arbitration conducted in England and Wales. The arbitration proceedings shall be confidential and conducted in the English language.
  • (c) The parties further agree that any refunds or claims for compensation relating to the subject matter of these Terms shall be withheld and deferred until the conclusion of the arbitration procedure and the issuance of a final and binding arbitration award.

Arbitration Procedure

  • (a) The arbitration shall be administered by a single arbitrator mutually agreed upon by the parties. If the parties are unable to agree on an arbitrator within thirty days of a party's request for arbitration, the arbitrator shall be appointed by the London Court of International Arbitration (LCIA) in accordance with its rules.
  • (b) The seat of arbitration shall be London, England, and the venue for any hearings or meetings shall be a location agreed upon by the parties or, failing such agreement, determined by the arbitrator.
  • (c) The arbitrator shall apply the substantive laws of England and Wales to the resolution of the dispute, without regard to conflict of law principles.
  • (d) The arbitrator's award shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The parties expressly agree to waive any rights to appeal or seek modification of the arbitrator's award, to the extent such waiver is permitted by applicable law.

Cost of Arbitration

Each party shall bear its own costs and expenses in connection with the arbitration, including legal fees, expert fees, and witness expenses. The arbitrator shall have the authority to apportion the costs of the arbitration, including the fees of the arbitrator, as part of the arbitrator's award, as the arbitrator deems appropriate.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.