1. Introduction

Equiti is a registered trading name of Divisa UK Limited.  Divisa UK Limited (“Divisa” or “The Firm”) is authorised and regulated by the Financial Conduct Authority (“FCA”) (FRN. 528328). In respect of the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union and in accordance with the Financial Conduct Authority (“FCA”) rules, Equiti is required to categorise its clients into one of the following three MAIN categories:

  • Retail;
  • Professional; or
  • Eligible counterparty.

It should be noted however, that The Firm does not offer investment advice to its client regardless of client categorisation.

2. Categorisation Criteria

Retail Client: is a client who is not a professional client nor eligible counterparty. Retail clients receive the highest level of regulatory protection from the FCA. This includes the segregation of their funds, in line with current FCA Client Money (CASS rules), along with access to the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS).

Professional Client: is a client who possesses the experience, knowledge and expertise to make his own investment decisions and properly assess the risks that he incurs. There are two classifications of Professional Client which are as follows:

2.1 Per Se Professional Client is either:

1. One of the following categories listed below which is required to be authorised or regulated to operate in the financial markets, including an equivalent entity from a non-EEA state:

(a) a credit institution;

(b) an investment firm;

(c) any other authorised or regulated financial institution;

(d) an insurance Firm;

(e) a collective investment scheme or the management Firm of such a scheme;

(f) a pension fund or the management Firm of a pension fund;

(g) a commodity or commodity derivatives dealer;

(h) a local;

(i) any other institutional investor; or

2. In relation to MiFID or equivalent third country business, where a Per Se Professional qualifies as a Large Undertakingwill need to meet two out of the three following size requirements on a Firm basis:

  • Balance sheet total €20,000,000
  • Net turnover of €40,000,000
  • Own funds €2,000,000; or

3. In relation to non-MiFID business or equivalent third country business a Large Undertaking will need to meet either of the following conditions:

(a) A body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) called up share capital of at least £5m (or its equivalent in any other currency; or

(b) A large undertaking that meets (or any of whose holding companies or subsidiaries meets) two of the following tests:

(i)         a balance sheet total of €12,500,000;

(ii)        a net turnover of €25,000,000;

(iii)       an average number of employees during the year of 250; or

(c) A partnership or unincorporated association which has (or has had at any time during the previous two years) net assets of at least £5 million (or its equivalent in any other currency at the relevant time) and calculated in the case of a limited partnership without deducting loans owing to any of the partners;

(d) A trustee of a trust (other than an occupational pension scheme, SSAS, personal pension scheme or stakeholder pension scheme) which has (or has had at any time during the previous two years) assets of at least £10 million (or its equivalent in any other currency at the relevant time) calculated by aggregating the value of the cash and designated investments forming part of the trust's assets, but before deducting its liabilities;

(e) A trustee of an occupational pension scheme or SSAS, or a trustee or operator of a personal pension scheme or stakeholder pension scheme where the scheme has (or has had at any time during the previous two years):

(i) At least 50 members; and

(ii) Assets under management of at least £10 million (or its equivalent in any other currency at the relevant time);

(f) A local authority or public authority.

4. A national or regional government, a public body that manages public debt, a central bank, an international or supranational institution (such as the World Bank, the IMF, the ECP, the EIB) or another similar international organisation;

 5. Another institutional investor whose main activity is to invest in financial instruments (in relation to the firm's MiFID or equivalent third country business) or designated investments (in relation to the firm's other business). This includes entities dedicated to the securitisation of assets or other financing transactions.

2.2 Elective Professional Client:

Equiti may treat a client as an Elective Professional Client if it has been assessed as compliant with (a) and complies with (b):

a. The firm undertakes an adequate assessment of the expertise, experience and knowledge of the client that gives reasonable assurance, in light of the nature of the transactions or services envisaged, that the client is capable of making his own investment decisions and understanding the risks involved; (the "qualitative test");

b. In relation to MiFID or equivalent third country business in the course of that assessment, at least two of the following criteria are satisfied:

(i) The client has carried out transactions, in significant size, on the relevant market at an average frequency of 10 per quarter over the previous four quarters;

(ii) The size of the client's financial instrument portfolio, defined as including cash deposits and financial instruments, exceeds € 500,000;

(iii) The client works or has worked in the financial sector for at least one year in a professional position, which requires knowledge of the transactions or services envisaged;(the "quantitative test"); and

The following procedure should then be followed:

c. The client must state in writing to the firm that it wishes to be treated as a professional client either generally or in respect of a particular service or transaction or type of transaction or product;

 d.The firm must give the client a clear written warning of the protections and investor compensation rights the client may lose; and

 e.The client must state in writing, in a separate document from the contract, that it is aware of the consequences of losing such protections.

Eligible Counterparty Clients:   An eligible counterparty is a client that is either a per se eligible counterparty or an elective eligible counterparty.

Clients can only be an eligible counterparty if the firm is undertaking one of the following activities for them:

  • Arranging in relation to business which is not MiFID or equivalent third country firm business;
  • Dealing on own account, execution of orders on behalf of clients or reception and transmission of orders;
  • Any ancillary service directly related to a service or activity referred to above.

If the firm is not conducting any of these transactions, then the client cannot be classed as an eligible counterparty.

2.3 Per Se Eligible Counterparties:

Each of the following is a per se eligible counterparty (including an entity that is not from an EEA state that is equivalent to any of the following) unless and to the extent it is given a different categorisation under COBS 3.6:

a)   An investment firm;

b)   A credit institution;

c)   An insurance company;

d)   A collective investment scheme authorised under the UCITS Directive or its management company;

e)   A pension fund or its management company;

f)   Another financial institution authorised or regulated under EU or the national law of an EEA State;

g)   An undertaking exempted from the application of MiFID under either Article 2(1)(k) (certain own account dealers in commodities or commodity derivatives) or Article 2(1)(l) (locals) of that directive;

h)   A national government or its corresponding office, including a public body that deals with the public debt;

i)   A central bank;

j)   A supranational organisation.

2.4 Elective Eligible Counterparties

A firm may treat a client as an elective eligible counterparty if:

1. The client is an undertaking and:

a)   Is a per se professional client (except for a client that is only a per se professional client because it is an institutional investor under COBS 3.5.2 R (5)) and, in relation to business other than MiFID or equivalent third country business:

i)  Is a body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) called up share capital of at least £10 million (or its equivalent in any other currency at the relevant time); or

ii)  Meets the criteria in the rule on meeting two quantitative tests (COBS 3.5.2 R (3)(b)) (see (b) under ‘Per se Professional Clients’); or

b)   Requests such categorisation and is an elective professional client, but only in respect of the services or transactions for which it could be treated as a professional client; and

2. The firm has, in relation to MiFID or equivalent third country business, obtained express confirmation from the prospective counterparty that it agrees to be treated as an eligible counterparty.

The categories of elective eligible counterparties include an equivalent undertaking that is not from an EEA State provided the above conditions and requirements are satisfied.

INFORMATION ABOUT OUR USE OF COOKIES  

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer after you agree to such use. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Strictly necessary cookies:

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website. Without these cookies, services you've asked for (such as access to secure areas) can't be provided. These cookies will not gather any information about you that could be used for marketing or remembering where you've been on the internet. This category cannot be disabled.

Examples:

  • identitytoken
  • IS2_MatchHistory
  • IS2_StoredValues
  • JSESSIONID
  • SS_X_JSESSIONID
  • vtc_session_1002000
  • CCP

 

Analytical/performance cookies:

They allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

These cookies are not used to target you with online advertising. Without these cookies we are unable to learn how our website is performing and make relevant improvements that could improve your browsing experience.

Examples:

  • ACOOKIE
  • ANON_ID
  • a
  • r
  • s
  • metafaqcontact
  • metafaqCookieAccept
  • NSC_Cbsdmbzt
  • NSC_CbsdmbztGjstuQbsuz
  • TCID
  • >UID
  • WT_FPC

 

3- Functionality cookies:

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

These can also be used to remember log-in details, changes you've made to text size, font and other parts of pages that you can

     Examples:

  • mbox

 

4- Targeting cookies:

These cookies record your visit to our website and browsing habits, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with selected third parties for this purpose.

     Examples:

  • ACID

Please note that other third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

If you've disabled one or more cookie categories, we may still use information collected from existing cookies, but we'll stop using the disabled cookies to gather any further information. You can delete existing cookies from your browser.

More information:

Information about cookies:

Internet Advertising Bureau:

International Chamber of Commerce United Kingdom:

Equiti is a registered Brand name of Divisa UK Limited, Divisa UK Limited is authorised and regulated by the Financial Conduct Authority under FRN 528328. The registered office of Divisa UK Limited, registered company number 07216039, whose registered office is 69 Wilson Street, London, UK, EC2A 2BB.

Privacy Policy

Equiti (”We”) is a trading name of Divisa UK Ltd, which is registered in England and Wales under company number 07216039, and is authorised and regulated by the Financial Conduct Authority (FRN: 528328), with its registered office at 69 Wilson Street, London, EC2A 2BB United Kingdom.

We are committed to protecting and respecting your privacy, and are bound by the Data Protection Act 1988 and registered with the Information Commissioners Office (“ICO”) under number: ZA010990. For the purposes of the Data Protection Act 1998 (the Act), the data controller of your data is Divisa UK Ltd.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data.

By visiting www.equiti.com you are accepting and consenting to the practices described in this Policy.

We train our employees who handle personal information to respect the confidentiality of customer information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal, should we deem it necessary.

For the purposes of the Act We have nominated a Data Protection Officer to ensure that the management of personal information complies with this Act and this Policy.


INFORMATION WE COLLECT FROM YOU  

We will collect and process the following data about you from:

Information you give us:

  • This is information about you that you give us by filling in forms on our website equiti.com (our site) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our website, when you report a problem with our site or when you contact us to discuss any aspect of your account with us.
  • The information you give us may include your name, address, date of birth, e-mail address and phone number, financial, tax and payment information, personal data and photograph ID or other information. We obtain most of this information directly from our customers through account applications or other submission forms, and from maintaining records of customer information provided in the course of our ongoing customer service. We may also obtain information from other sources to meet certain obligatory requirements.
  • We may ask for other information voluntarily from time to time (for example, through market research, surveys or special financial promotion offers) to enable us to improve our service or consider the wider needs of our customers.

Information we collect about you:

  • Website: when visiting our site we will automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and operating system and platform.
  • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
  • Telephone Discussions: In each of your discussions with members of our staff we may collect the following information about your call, i.e.: date and time, personal details, any changes registered after the opening of your account and any other significant information which we believe will assist in the efficient operation and maintenance of your account with us.

Information we receive from other sources:

We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We use this information to, amongst other matters, assist us in AML/KYC matters.

COOKIES  

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information please read our Cookies Policy.

TECHNOLOGY IMPROVEMENTS

We are always looking at ways to improve efficiency and functionality for customer experience on the website through technology enhancements. This may mean a change to the way in which we collect or use personal information. The impact of any technology changes which may affect your privacy, will be notified to you at the time of any such change.

LINKS TO THIRD PARTY WEBSITES

Our site may have links to external third party websites that may benefit the user. Please note, however, that third party websites are not covered by our privacy policy and these sites are not subject to our privacy standards and procedures.

HOW WE USE THE INFORMATION  

We use information held about you in the following ways from:

Information you give to us :

  • We will need to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other products and services we offer that are similar to those that you have already agreed to or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about products or services we feel may be of interest to you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data or email us at [email protected]
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you we will use as follows:

  • to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our website to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our website safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.
  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION  

Depending on the product or service concerned and particular restrictions on sensitive information, this means that personal information may be disclosed to:

  • Other companies within the Equiti group of companies who provide financial and other services;
  • Service providers and specialist advisers who have been contracted to provide us with administrative, financial, insurance or other services;
  • Introducing brokers with whom, we have a mutual relationship (any of whom may be within or outside the European Economic Area
  • Credit providers, courts, tribunals and regulatory and government tax authorities as agreed and authorised by law;
  • Reference and credit reference agencies. This includes exchanging information with other companies and organisations for the purposes of money laundering regulations, financial crime, fraud protection and mitigation of credit risk;
  • Anyone authorised by the individual, as specified by that individual or by law through a Power of Attorney Agreement.

You agree that We have the right to share your personal information with:

  • advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1, London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
  • analytics and search engine providers that assist us in the improvement and optimisation of our site;
  • credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.


We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Equiti, or substantially, all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of useor other agreements; or to protect the rights, property, or safety of Equiti, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

WHERE WE STORE YOUR PERSONAL DATA  

We hold personal information in a combination of secure cloud storage facilities, held electronically on off-site back-up servers or held within multiple cloud servers and we take all necessary steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy .

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS  

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by Email: [email protected]

ACCESS TO INFORMATION  

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Further information on subject access requests can be found on the Information Commission Officer’s website (https://ico.org.uk/)

To make a request, please write to us, verifying your identity and specifying what information you require.

We may charge you a £10.00 fee for each request made for a copy of any of your personal information that we hold about you, which you may advise us of any perceived inaccuracies. The charge covers the cost of verifying your identity, locating and retrieving and reviewing the application requested, and copying any requested material. We shall acknowledge your request and respond to it within 40 days, following receipt of your application and the applicable fee.  

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT FOR COMPLAINTS

If you consider that any action of ours breaches this Privacy Policy Statement or the Data Protection Principles or otherwise doesn’t respect your privacy, you can make a complaint. This will be acted upon promptly. To make a complaint, please contact the Compliance Department at the following address:

Postal address:

Divisa UK Limited
69 Wilson Street
London EC2A 2BB
United Kingdom


Email:  [email protected]

In line with current FCA regulations if you are not satisfied with our final response to your complaint, you can refer your complaint to the Financial Ombudsman Service (FOS) who will review your complaint on an independent basis. Contact details can be found at their website detailed here:  http://www.financial-ombudsman.org.uk/consumer/complaints.htm  Their address is:   Exchange Tower, Harbour Exchange Square, London E14 9SR

 

Website Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Equiti (”We”) is a trading name of Divisa UK Limited. Divisa UK Limited is authorised and regulated by the Financial Conduct Authority under its Firm Registration Number (FRN: 528328). Divisa UK Limited is registered in England & Wales under company number 07216039 with its registered office at 69 Wilson Street, London, EC2A 2BB United Kingdom. www.equiti.com is a website owned and operated by Divisa UK Limited.

These terms tell you the rules for using our website: www.equiti.com 

Your access to and use of this website is subject to these website terms and conditions, our client agreement ("Client Terms and Conditions”), and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as "terms of use"). By using this website, you agree to be subject to the terms of use.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, sets out relevant information about the cookies on our site.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will make reasonable efforts to provide you with appropriate notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Under certain exceptional circumstances, we may have no option but to suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

OUR SITE IS ONLY FOR USERS IN THE UK. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password 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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: [email protected]

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation 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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at: [email protected]


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Client Terms and Conditions.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact: www.equiti.com

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

This acceptable use policy sets out the terms between you and us under which you may access our website www.equiti.com (our site). This acceptable use policy applies to all users and visitors to our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. The site operated is by Divisa Capital. Divisa Capital is a trading name of Divisa UK Limited a company registered in England and Wales under company number 07216039, have its registered office at 69 Wilson Street, London EC2A 2BB, regulated by the Financial Conduct Authority under FRN: 528328.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as described below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 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 programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation: (interactive services)

  • Chat rooms.
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.