Terms and Conditions

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the Credit Market Analysis Ltd (“CMA”) web site located at http://www.cmavision.com (the “Site”).

Credit Market Analysis Limited is an English company (Number 04337482) with its registered office at Haymarket House, 1 Oxendon St, London SW1Y 4EE. CMA’s VAT number is 795805381.

These Terms of Use apply to any use of the Site, Content (defined below) or services available on the Site (“Services”) by any individual and any organisation on whose behalf the individual accesses the Site, Content and/or Services. In these Terms of Use each of such individual and organisation separately are referred to as the “User”. Any such individual (1) agrees to these Terms of Use on his own behalf and on behalf of any such organisation, and (2) must ensure he is authorised by any such organisation to access the Site, Content and Services and to agree these Terms of Use on its behalf.

The Site, Content and Services are the property of CMA and its licensors. BY USING THE SITE, USER AGREES TO THESE TERMS OF USE. IF USER DOES NOT AGREE, IT MUST NOT USE THE SITE, CONTENT OR SERVICES. No person under the age of 16 should use the Site.

Changes to Terms of Use

CMA reserves the right, at its sole discretion, to change these Terms of Use at any time. It is User’s responsibility to check these Terms of Use for changes when User accesses the Site. User’s use of the Site following the posting of changes to these Terms of Use will mean that User accepts and agrees to the changes.

As long as User complies with these Terms of Use, CMA grants User a personal, non-exclusive, non-transferable, limited licence to access and use the Site.

Content

All text, data, information, graphics, interfaces, trade marks, logos, sounds, music, artwork, photographs and computer code contained on or forming part of the Site (collectively "Content"), including (which throughout these Terms of Use shall mean ‘including without limitation’) the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, is owned by or licensed to CMA, and is protected by copyright, trade mark, and various other intellectual property and other laws existing around the world from time to time.

User may use the Content or Services purposely made available by CMA for use or downloading from the Site, provided that User (1) complies with any applicable Additional Terms (defined below), (2) does not remove any proprietary notice in any copies of such Content or Services, (3) uses such Content or Services only for its personal, informational purpose and not for any purpose or activity from which it derives commercial value or which is unlawful, (4) does not download in a systematic manner or otherwise to create any database or file that might have commercial value, (5) does not disclose the Content or Services to any other party, (6) makes no modifications to any such Content or Services , and (7) does not make any representations or warranties relating to any such Content or Services.

Except as expressly allowed in these Terms of Use, User must not use, copy, reproduce, publish, upload, display, encode, translate, transmit or distribute in any way and in any medium or insert any link to any part of the Site, Content or Services without CMA's express prior written consent.

Use of the Site

User must not (and must not attempt to):

  • gain unauthorised access to;
  • make unauthorised use of;
  • monitor any aspect of;
  • interfere with the normal operation of;
  • circumvent any security, home page, or other feature of or insert any link to;
  • probe, scan or test the vulnerability of; or
  • breach the security or authentication measures on

any part of the Site, Content or Services or any computer system or equipment on which they operate, (including by using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, or by any “hacking”, “password mining”, “framing” or otherwise).

User must not obtain or attempt to obtain any information relating to any other user of or visitor to the Site, Content or Services, or any other customer of CMA, whether via the Site or otherwise. User must not attempt to interfere with any other party’s use of the Site, Content, Services or connected systems or equipment, or any transaction being conducted on them.

User must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CMA's systems or equipment, or any connected systems or networks.

User may not use the Site, Content or Services for any purpose or activity (or to solicit the performance of any activity) that is unlawful, prohibited by these Terms of Use, or that infringes the rights of CMA or others.

User Provided Information

The Site may include facilities allowing Users to publish information or other materials on the Site, or to communicate with CMA via the Site (“User Postings”).

User must:

  • only use such facilities as expressly permitted on the Site;
  • ensure its User Postings are complete, accurate and do not infringe any rights of any third party;
  • ensure its User Postings are not unlawful, immoral, inappropriate nor defamatory of any third party and not otherwise capable of giving rise to any claim by any party against CMA;
  • ensure it is clearly, fully and accurately identified as the source of any User Posting and that there is no confusion as to the source of the User Posting.

CMA shall own all User Postings submitted to or via the Site, and is therefore entitled to use in any manner it deems appropriate (including altering or developing) any information, text, graphics or other materials forming part of any User Posting. CMA may remove or alter all or any part of any User Posting posted to the Site.

Secure Site Access

Certain areas of the Site or certain Services or Content may only be accessed using a user ID and password (“User Access Information”).

User shall keep its User Access Information confidential, not disclose it to any other party and not use any other party’s User Access Information in relation to the Site, Content or Services. User shall not permit any other party to access the Site, Content or Services under its User Access Information. User shall notify CMA immediately of any unauthorized use of its User Access Information, or any other breach of security concerning the Site, Services or Content. User acknowledges that, unless it has received such notification, CMA may assume that any use of its User Access Information is made by User, and User shall be responsible for any such usage and any liability, loss or damage arising out of such usage.

User must operate reasonable security measures to protect any systems which it uses in accessing or using the Site or any Content or Services (including appropriate anti-virus protection and measures to prevent unauthorised access of its facilities).

Additional Terms

Certain areas of the Site, Content or Services may be subject to additional terms and conditions, as set out on the Site (“Additional Terms”). Any such terms and conditions shall form part of these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail with respect to User’s use of those areas of the Site, Content or Services.

Any support services provided via the Site shall be subject to the separate contract for the supply of such services between the relevant User and the relevant CMA group company supplying those services (“Support Agreement”). The Support Agreement shall incorporate these Terms of Use (with ‘CMA’ in such context referring to CMA or the relevant group company supplying the Services). In relation to those Services, the Support Agreement shall prevail over these Terms of Use in relation to any conflicting terms and to extent of such conflict. CMA cannot guarantee such support services will be available via the Site. If such support services are unavailable via the Site, User should access the support services via the other methods as per its Support Agreement.

Links to Third Party Sites

This Site may contain links to other independent third party web sites ("Linked Sites"). These links are provided solely for convenience. CMA has no control over such Linked Sites and is not responsible for and does not endorse them or any information or content appearing on them. User uses such Linked Sites at its own risk.

Warranties

THE SITE, CONTENT AND SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

CMA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT OR SERVICE WILL BE:

  • COMPLETE, ACCURATE OR ERROR-FREE;
  • AVAILABLE OR UNINTERRUPTED;
  • SUITABLE FOR ANY PARTICULAR PURPOSE OR CAPABLE OF PERFORMING ANY FUNCTION OR PROVIDING ANY PARTICULAR RESULT;
  • FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.

SAVE AS SET OUT IN THESE TERMS OF USE (INCLUDING ANY APPLICABLE ADDITIONAL TERMS) CMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, QUALITY AND FITNESS FOR PURPOSE.

USER MUST NOT USE ANY CONTENT OR SERVICES TO MAKE ANY INVESTMENT DECISION OR OTHERWISE RELY ON ANY CONTENT OR SERVICES.

USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT AND/OR SERVICSE IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR SERVICES.

Limitation of Liability

Except where prohibited by law, in no event will CMA be liable to User for any indirect, consequential, exemplary, incidental or punitive damages, even if CMA is aware of or has been advised of the possibility of such damages.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, CMA IS FOUND TO BE LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES IN ANY WAY (INCLUDING IN NEGLIGENCE) OUT OF OR IS IN ANY WAY CONNECTED WITH USER’S USE OF THE SITE OR ANY CONTENT OR SERVICE, CMA'S LIABILITY SHALL (SAVE AS PROHIBITED BY APPLICABLE LAW) IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY AMOUNTS PAID BY USER TO CMA IN RELATION TO THE PART OF THE SITE, CONTENT OR SERVICE TO WHICH THE CLAIM RELATES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM, OR (2) US$100.00.

User must take steps to minimise any risk arising out of using the Site, Content and Services, including checking any information or result obtained from the Site, Content and Services before relying on them and obtaining insurance in relation to any risks arising out of the use of the Site, Content and Services.

Some jurisdictions do not allow certain limitations of liability, in which case any prohibited limitations in these Terms of Use shall not apply in the relevant jurisdiction.

Indemnity

User shall indemnify and hold CMA and its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees and agents, (“Indemnified Parties”), harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), suffered by an Indemnified Party arising out of User’s use of the Site, Content or Services.

If CMA takes any legal action against User as a result of its breach of these Terms of Use, CMA will be entitled to recover from User, and User agrees to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to or rights and remedies of CMA.

Termination

CMA reserves the right, at any time, without notice and for any reason to:

  1. modify, interrupt, suspend or terminate operation of or access to all or any part of the Site, Content and/or Services; or
  2. terminate any User’s access to the Site, Content and/or Services.

Personal Information

CMA's Privacy Policy applies to use of this Site, and forms a part of these Terms of Use.

User acknowledges that Internet transmissions may not be completely private or secure. User understands that User Postings and other communications between User and CMA via the Site or Services may be read or intercepted by others, even if transmissions are encrypted.

General

User’s access to and use of the Site, Content and Services will be governed by the laws of England and Wales. User submits to the exclusive jurisdiction of the English courts. User must not bring any claim arising out of or relating to the Site, Content or Services more than one (1) year after first accessing the Site, Content or Services giving rise to the claim.

CMA administers and operates the Site from England. Accessing or using any part of the Site, Content or Services from outside of England may be unlawful or prohibited (whether under these Terms of Use, by local law or otherwise). User must ensure that its access to and use of the Site, Content and Services is lawful and not prohibited by these Terms of Use, local law or otherwise. Any offer for any Content or Services made on the Site is void where prohibited.

User must comply with UK export law and regulation in accessing and using the Site, Content and Services.

All limitations of CMA’s liability in these Terms of Use are separate and severable. If any provision of these Terms of Use is held by a competent court or tribunal to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use.

These Terms of Use (including applicable Additional Terms but excluding any other terms, representations, promises or statements appearing on the Site or in the Content or Services) constitute the entire agreement between User and CMA with regard to the User’s use of the Site, Content and Services (other than misrepresentations made fraudulently). All other written or oral agreements or understandings existing between User and CMA with respect to such the Site, Content and Services are hereby superseded and cancelled.

User must not attempt or purport to make counter-offers to these Terms of Use.

CMA's failure to enforce its rights or remedies under these Terms of Use or otherwise shall not be construed as a waiver by CMA of those or any other rights or remedies. These Terms of Use may only be amended by paper written agreement signed by authorised representatives of the parties.

These Terms of Use shall not confer any rights or remedies on any third parties, save that CMA group companies may enforce any rights granted or reserved to them under these Terms of Use directly against any User. No third party consent shall be required to vary or end these Terms of Use.