Important: Â these terms & conditions contain limitations of our liability.
1. ABOUT US
The lang cat limited (we/us/our) is the owner and operator ofÂ www.thelangcatfinancial.co.ukÂ (or any subsequent URL which may replace it) (our Site), including any applications and/or digital channels provided by us for the purpose of accessing our Site or other services, and the provider of the lang cat services, business information, publicity, products or goods (together, ourÂ 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.
2. CONTACT US
4. USE OF OUR SERVICES
We may update our Services from time to time, and may change the content (including these Terms) at any time. 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 Please however note that any of the content on our Services may be out of date at any given time, and we are under no obligation to update it.
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, 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 to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms, and that they comply with them.
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 negligence 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.
5. ADDITIONAL TERMS
Other additional terms which form part of these Terms include:
6. YOUR ACCOUNT AND PASSWORD
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 security procedures, you must treat such information as confidential. You must not disclose it to any third party.
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.
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.
7. CONSUMERS – THE CONSUMER CONTRACTS REGULATIONS 2013
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 personalised). 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 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 the products 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 (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 donât return).
8. CREATION OF CONTRACT AND ELECTRONIC CONTRACTING
When you place an order for Services with us, the process required to create the contract between you and us is:
Â¥ 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.
Â¥ We will send you an order acknowledgement (generally by email) detailing your order. This is not an order confirmation or order acceptance from us.
Â¥ Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the items you have ordered, unless we have notified you that we do not accept your order.
Â¥ For most products sent directly by us, your credit/debit card will generally be charged when your order is dispatched.
Non-acceptance of an order may be a result of:
Â¥ The product you ordered being unavailable from stock.
Â¥ Our inability to obtain authorisation for your payment.
Â¥ Our inability to fulfill an order due to inconsistencies in information provided by you and an online payment company (for example, when paying by PayPal, we may only be able to deliver to verified delivery addresses as advised to us by PayPal).
Â¥ The identification of a pricing or product description error.
Â¥ Your not meeting eligibility to order criteria set out in this Site or as we might otherwise reasonably determine (for example, regarding bulk, high value or suspicious purchases).
9. DISCOUNT COUPONS/CODES
Any discount, reduction or otherÂ codesÂ provided from time to time may be withdrawn solely at our discretion,Â at any time and without further notice. Such codes are subject to the availability of promotional items or stock.
10. OUR LIABILITY LIMITS
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 should not be relied upon. 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 warranties of any kind:-
â¢ in relation to 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
â¢ 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.
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.
We assume no responsibility for the content of websites or apps linked on our Services. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.
11. INTELLECTUAL PROPERTY RIGHTS & TITLE
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. All such rights are reserved.
You may print copies and download extracts of any page(s) on our Site for your own personal, non-commercial use and you may draw the attention of others to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you intend to use any part of the content of our Services for commercial purposes, you must contact us to discuss obtaining a licence from us or our third party licensors or contributors to do so.
Our status (and that of any identified third party licensors or contributors) as the authors of content on our Site must always be acknowledged. If you print off, copy or download any part of our Services in breach of these Terms,Â 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 materials you have made.
Title in physical goods (including materials and documentation, excluding all intellectual property rights) remains vested in us and will only pass to you upon full payment being made by you of all sums due (on whatever account or grounds) to us.
12. LINKING TO OUR SERVICES
You may post or create a link on another website or app to any of the pages on our Site, 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 use of content provided as part of our Services other than that set out above, please contact us.
13. YOUR RESPONSIBILITIES
You may use our Services only for lawful purposes. You may not use our Services:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; or
d) 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).
e) 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
f) 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, 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 our Services.
We do not guarantee that our Services will be secure or free from Malware. You are responsible for configuring your information technology, computer programmes 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 would commit a criminal offence under the Computer Misuse Act 1990. 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.
15. THIRD PARTY SITES AND RESOURCES
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. Please note that these links are provided for your information only and we have no control over the content of those sites, apps or resources.
a) Nothing in these Terms or under our contract creates legal rights for, or enforceable by, any party other than you or us.
b) The expressions âincludingâ, âfor exampleâ or similar reference are to be construed without limitation.
c) 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 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 have been changed, and if you do not agree to any change to the Terms then you must immediately stop using the Services.
d) 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.
e) 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.
f) No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision.
g) The headings are inserted for ease of reference only and will not affect construction.
h) The singular includes the plural, and vice versa, and any gender includes all genders.
If you are a business, these Terms, its subject matter and its 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, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree to 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.