Terms of Service - CapitalHouse

Effective date: 14 December 2025

1. Definitions

In these Terms of Service (the Terms):

CapitalHouse, we, us or our means the operator of the website available at https://www.capitalhouse-edinburgh.co.uk.
Site means the website located at https://www.capitalhouse-edinburgh.co.uk and all associated pages, features and content.
User, you or your means any person or entity that accesses or uses the Site.
Content means all information, text, images, graphics, video, audio, software, code, design elements, trademarks and other materials available on or through the Site.
Services means the online information, resources and functionalities provided by the Site.
Applicable Law means the laws of Scotland and, where relevant, the law of the United Kingdom, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

2. Acceptance of These Terms

By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Site. If you use the Site on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” includes that entity. You must be at least 16 years old to use the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

3. Access to and Use of the Site

Availability. The Site is provided on an “as available” basis. We do not guarantee uninterrupted, secure or error‑free access. We may suspend, withdraw or restrict the availability of all or any part of the Site for business or operational reasons without notice.
Lawful use. You must use the Site only for lawful purposes and in accordance with these Terms and Applicable Law.
Prohibited conduct. You must not:
- infringe any intellectual property or other rights of any person;
- upload, post, transmit or otherwise make available any Content that is unlawful, defamatory, offensive, harmful, deceptive, or invasive of privacy;
- interfere with or disrupt the operation or security of the Site or our systems, including by introducing viruses, malware, bots or other harmful code;
- scrape, crawl, harvest or collect data from the Site by automated means without our prior written permission;
- attempt to gain unauthorised access to the Site, user accounts, or our networks;
- reverse engineer, decompile or disassemble any part of the Site except where such restriction is prohibited by Applicable Law;
- impersonate any person or misrepresent your affiliation with any person or entity.
Accounts and security. If the Site enables account creation, you are responsible for safeguarding your credentials and for all activities under your account. You must promptly notify us of any suspected unauthorised use or security breach.
Your equipment. You are responsible for obtaining and maintaining all equipment and connections necessary to access the Site and for any charges associated with your use of the Site.

4. Intellectual Property

Ownership. The Site and all Content are owned by CapitalHouse or its licensors and are protected by copyright, trade mark and other intellectual property laws. All rights are reserved.
Limited licence. We grant you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Site and view the Content for your personal, non‑commercial use, subject to these Terms.
Restrictions. Except to the extent permitted by Applicable Law, you must not copy, reproduce, adapt, translate, modify, distribute, transmit, display, perform, publish, sell, license, create derivative works from, or otherwise exploit any part of the Site or Content without our prior written permission.
Trade marks. CAPITALHOUSE and any related names, logos or marks on the Site are trade marks or trade names of CapitalHouse or its licensors. You may not use them without prior written permission.
User submissions and feedback. Where you submit content, enquiries, reviews, images or feedback to us through the Site or otherwise, you grant us a worldwide, royalty‑free, perpetual, irrevocable, transferable licence to use, reproduce, distribute, display, perform, adapt and create derivative works from your submission for the purposes of operating, improving and promoting the Site and our Services. You represent that you have all rights necessary to grant this licence and that your submission is lawful and does not infringe any third‑party rights.
IP concerns. If you believe that Content on the Site infringes your rights, please contact us using the contact details available on the Site with sufficient information to identify the Content and your rights.

5. Responsibilities

Your responsibilities. You are responsible for: (a) ensuring that any information you provide to us is accurate and up to date; (b) your conduct on the Site; and (c) complying with these Terms and Applicable Law.
Our responsibilities. We will use reasonable skill and care in providing the Site. However, the Site is provided for general information only. While we make reasonable efforts to update information, we do not guarantee that the Content is accurate, complete or current.

6. Third‑Party Content and Links

The Site may contain links to or integrations with third‑party websites, services or content. We do not control and are not responsible for third‑party content or practices. Your use of third‑party sites and services is at your own risk and may be subject to the third parties’ terms and policies.

7. Personal Data and Cookies

Controller. For the purposes of UK data protection law, CapitalHouse is the controller of personal data processed through the Site.
Data we process. We may process personal data that you provide (for example, identification and contact details, communications, enquiries and preferences) and data collected automatically (for example, IP address, device and browser information, log data and cookie identifiers).
Purposes and legal bases. We process personal data to: (a) provide and operate the Site and Services (performance of a contract or legitimate interests); (b) respond to enquiries and communicate with you (legitimate interests or consent, where required); (c) maintain security, prevent fraud and debug (legitimate interests and legal obligations); (d) analyse usage and improve the Site (legitimate interests or consent for non‑essential cookies); and (e) comply with legal and regulatory requirements (legal obligations).
Sharing. We may share personal data with service providers who process data on our behalf under appropriate safeguards, with professional advisers, and with authorities where required by law or to protect rights.
International transfers. If we transfer personal data outside the UK, we will ensure appropriate safeguards are in place, such as UK adequacy regulations or standard contractual clauses.
Retention. We keep personal data only for as long as necessary for the purposes set out above, and to comply with legal, accounting or reporting requirements.
Your rights. You have rights under UK GDPR, including to request access to, rectification or erasure of your personal data, restriction or objection to processing, and data portability. Where processing is based on consent, you may withdraw consent at any time without affecting the lawfulness of processing before withdrawal. You also have the right to lodge a complaint with the Information Commissioner’s Office.
Cookies. We use cookies and similar technologies. Necessary cookies enable core functionality of the Site. Non‑essential cookies (for example, analytics) may be used to help us improve the Site. Where required, we will obtain your consent for non‑essential cookies. You can manage your cookie preferences via your browser settings; disabling certain cookies may affect Site functionality.
Contact for privacy matters. To exercise your data protection rights or to ask privacy questions, contact us using the contact details available on the Site.

8. Disclaimers

The Site and Content are provided “as is” and “as available”. To the fullest extent permitted by Applicable Law, we disclaim all warranties, representations and conditions, express or implied, including warranties of accuracy, non‑infringement, merchantability, satisfactory quality and fitness for a particular purpose.
The Content is for general information only and does not constitute legal, financial, investment or other professional advice. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of Content.

9. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Applicable Law.
To the fullest extent permitted by Applicable Law, we will not be liable for: (a) any indirect, special, incidental or consequential loss or damage; (b) loss of profits, revenue, business, contracts, goodwill, data or anticipated savings; or (c) any losses arising from your use of or reliance on the Site or Content.
If you are a Consumer, we do not exclude or limit liability where it would be unlawful to do so. Your statutory rights are not affected.

10. Indemnity

To the extent permitted by Applicable Law, you agree to indemnify and hold harmless CapitalHouse and its officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your misuse of the Site. If you are a Consumer, this indemnity applies only to the extent it is fair and reasonable.

11. Suspension and Termination

We may suspend or terminate your access to the Site, without liability or prior notice, if we reasonably believe that you have breached these Terms, threatened the security or integrity of the Site, or where required by law. On termination, your right to use the Site ceases immediately. Sections that by their nature should survive (including intellectual property, disclaimers, limitations of liability, indemnity, applicable law and jurisdiction) will survive termination.

12. Changes to the Site and These Terms

We may update, modify or discontinue all or part of the Site at any time. We may change these Terms from time to time to reflect changes to the Site, our practices or Applicable Law. The updated Terms will apply from the effective date stated above. Your continued use of the Site after changes take effect constitutes your acceptance of the updated Terms.

13. Applicable Law and Jurisdiction

These Terms, their subject matter and formation are governed by the laws of Scotland.
If you are a business user, the courts of Scotland shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Site.
If you are a Consumer, you may bring proceedings in the Scottish courts. If you live in another part of the UK or in a country of the European Union, you may bring legal proceedings in your local courts. You may also benefit from any mandatory provisions of the law of your country of residence.

14. Severability, No Waiver and Assignment

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
No waiver. No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.
Assignment. You may not assign, transfer or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time in connection with a reorganisation, merger, acquisition or asset transfer.

15. Notices and Contact

All notices or communications to us relating to these Terms, the Site, intellectual property, or privacy matters should be sent using the contact details available on the Site. We may contact you using the details you provide to us or by posting notices on the Site.

16. Entire Agreement

These Terms constitute the entire agreement between you and CapitalHouse regarding your use of the Site and supersede all prior or contemporaneous understandings relating to the subject matter. Nothing in this section limits liability for fraud or fraudulent misrepresentation.