OneCloud Pvt Ltd trading as Love Capitals

Terms and Conditions of Business

Please read these Terms and Conditions of Business carefully before using our services. By requesting a quote, asking us to introduce you to a lender or signing below, you agree to be bound by them.

1About Us

1.1 Love Capitals is a trading name of OneCloud Pvt Ltd, a private limited company registered in England and Wales.

1.2 Love Capitals helps UK businesses find business finance, including business loans, merchant cash advances, invoice finance and asset finance. We do this by introducing our clients to a carefully selected panel of lenders and finance providers.

1.3 We are registered with the Information Commissioner’s Office as a data controller (registration number ZC130857).

1.4 In these terms, “Love Capitals”, “we”, “us” and “our” refer to OneCloud Pvt Ltd trading as Love Capitals.

2Definitions

2.1 In these terms, the following words have these meanings:

• Client or you: the business, organisation or individual who uses our services.
• Business Client: a Client acting for purposes relating to its trade, business, craft or profession.
• Consumer: an individual acting wholly or mainly outside their trade, business, craft or profession.
• Partner: any third-party lender, finance provider or finance broker to whom we introduce you.
• Partner Contract: any agreement you enter into directly with a Partner.
• Services: our introduction, comparison and referral services, as described on our website.

3Scope and Acceptance

3.1 These terms govern the relationship between you and Love Capitals in relation to our Services. They do not govern the products or services supplied by Partners, which are subject to each Partner Contract.

3.2 These terms take effect when you first request a quote, call back or introduction, whichever happens first.

3.3 Any terms you propose, such as purchase order terms, will not apply unless we agree to them in writing.

3.4 Nothing in these terms affects your statutory rights as a Consumer.

4Our Role as Introducer

4.1 Love Capitals acts as an introducer. We gather information about your requirements and pass your details to one or more suitable Partners, who then contact you directly.

4.2 We are not a lender or finance provider. We do not supply any product or service ourselves, and we do not enter into any Partner Contract on your behalf.

4.3 We do not provide advice or personal recommendations on finance or any other product. Any information, quotation, advice or recommendation about a product is provided by the relevant Partner.

4.4 Each Partner is solely responsible for its own products and services, including pricing, eligibility, credit decisions and after-sales service, and for holding any authorisation or licence its activities require.

4.5 We work with a selected panel of Partners and do not search the whole market. We will introduce you to the Partner or Partners we believe best match the requirements you have given us.

4.6 You are under no obligation to proceed with any Partner. You are free to compare offers and decide whether to enter into a Partner Contract.

5How We Are Paid

5.1 Our Services are free of charge to you. We are paid by our Partners, usually as a commission or introduction fee when you enter into a Partner Contract.

5.2 Depending on the Partner and product, our payment may be a fixed fee or a percentage of the finance advanced.

5.3 The amount we receive may vary between Partners and products. You can ask us at any time for details of the payment we will receive for an introduction, and we will tell you before you enter into the Partner Contract.

5.4 Where the law or a Partner’s rules require it, the Partner will also disclose our payment to you.

5.5 We will never charge you a fee for an introduction unless we have agreed it with you in writing beforehand.

6Business Finance Terms

6.1 We introduce you to lenders and finance providers offering business loans, merchant cash advances, invoice finance, asset finance and similar products.

6.2 All applications are subject to the finance provider’s own eligibility criteria, credit checks and approval. We cannot guarantee that finance will be offered, nor the amount, rate, terms or timescale.

6.3 The finance provider may carry out credit searches on your business and its directors, partners or guarantors.

6.4 Some finance may require a personal guarantee or security over property or assets, which may be at risk if repayments are not made. We recommend that you take independent legal and financial advice before giving any guarantee or security.

7Your Obligations

7.1 You agree to provide complete, accurate and up-to-date information, including financial information and business details, and to tell us promptly of any change.

7.2 If you act on behalf of a business, you confirm that you have authority to instruct us and to share its information with us and our Partners.

7.3 You must read each Partner Contract carefully, including its price, duration, renewal and cancellation terms, before you sign it.

7.4 You must not use our Services for any unlawful purpose or provide false or misleading information to obtain any finance.

8Quotes, Estimates and Illustrations

8.1 Any quote or figure we pass on is based on the information you provide and on Partner prices at the time. Partner prices can change or be withdrawn without notice.

8.2 A quote is not a binding offer until the Partner confirms it in writing.

8.3 Figures shown on our website, including funding arranged, repayment examples and satisfaction rates, are illustrative or reflect past results. They do not guarantee the outcome you will achieve.

9Consumers

9.1 If you are a Consumer, you have legal rights in relation to the products and services supplied to you by Partners, including the right to cancel certain contracts within 14 days. These rights are provided by the Partner under the Partner Contract.

9.2 Nothing in these terms excludes or limits any right you have under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or other consumer protection law.

10Limitation of Liability

10.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

10.2 As an introducer, we are not responsible for the acts, omissions, products, services, prices, decisions or solvency of any Partner. This includes a lender’s decision not to lend. Any claim relating to these matters should be made against the Partner.

10.3 For Business Clients, we shall not be liable for any loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss. Because our Services are provided free of charge, our total liability to a Business Client in connection with these terms shall not exceed £500.

10.4 For Consumers, we are responsible only for loss that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill.

10.5 We shall not be liable for any delay or failure caused by events beyond our reasonable control.

11Data Protection and Privacy

11.1 OneCloud Pvt Ltd is registered with the Information Commissioner’s Office under registration number ZC130857 and processes personal data in accordance with the UK GDPR and the Data Protection Act 2018.

11.2 By using our Services, you agree that we may share your information with relevant Partners so that they can contact you and provide quotes. Partners may also share information with credit reference agencies and fraud prevention agencies where required.

11.3 We may record telephone calls for training, quality and compliance purposes.

11.4 We will only send you marketing communications where you have agreed or where the law permits, and you may opt out at any time.

11.5 Full details of how we use your information are set out in our Privacy Notice.

12Confidentiality and Intellectual Property

12.1 We will keep your business information confidential and use it only to provide our Services, except where disclosure is required by law.

12.2 All content on our website, including text, graphics, logos and the Love Capitals name, belongs to OneCloud Pvt Ltd or its licensors and may not be copied without our written permission.

13Complaints

13.1 We aim to provide an excellent service. If you are unhappy, please contact us at hello@lovecapitals.co.uk or on 020 8097 9100. We will acknowledge your complaint within five working days and aim to resolve it within eight weeks, in line with our Complaints Procedure.

13.2 If you are not satisfied with our final response, our Complaints Procedure explains where you can take your complaint next.

13.3 Complaints about a Partner’s products or services should be made to that Partner under its own complaints procedure. We will gladly help you direct your complaint to the right place.

14Termination

14.1 You may stop using our Services at any time by contacting us. This will not affect any Partner Contract you have already entered into, which will continue on its own terms.

14.2 We may stop providing our Services to you at any time, including where we reasonably believe information you have provided is false or misleading.

15General

15.1 We may update these terms from time to time. The version published on our website when you use our Services will apply.

15.2 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

15.3 No delay or failure to enforce any provision of these terms shall operate as a waiver of that provision.

15.4 We may transfer our rights and obligations under these terms to another organisation, provided this does not reduce your rights.

15.5 No third party shall have any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

16Governing Law and Jurisdiction

16.1 These terms are governed by the laws of England and Wales.

16.2 Business Clients agree to the exclusive jurisdiction of the courts of England and Wales. Consumers may also bring proceedings in Scotland or Northern Ireland if they live there.

17Acceptance and Signatures

By signing below, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions of Business, and that the person signing has authority to do so on the Client’s behalf.

Signed for and on behalf of the Client

Signed for and on behalf of OneCloud Pvt Ltd trading as Love Capitals