Terms and Conditions


Terms and Conditions for use of the Website and the System

If you access the CapitalTrack website (the "Website") you agree to be bound by the terms and conditions in Section 1 of these terms and conditions.

By signing a contract as an Action User or Information User with CapitalTrack, you enter in to a legally binding agreement with us on the terms set out in Section 1 and Section 2 of these terms and conditions.

Section 1
1. CapitalTrack
1.1 CapitalTrack Limited is a company limited by shares under the Companies Acts 1985 and 1989. The company number is 3899448 and the registered office is 5 Highgate Road, London, NW5 1JY.
2. Access to the Website and Content
2.1 The information provided by CapitalTrack on the Website is not in any way an invitation or recommendation to buy any bond or other security featured. Persons interested in buying any bond or other security should seek appropriate independent advice.
2.2 Access to the Website may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.4 CapitalTrack assumes no responsibility for the contents of any other websites to which the website has links.
3. Intellectual Property
3.1 The copyright in the material contained in the Website (other than material submitted by Action Users), together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to CapitalTrack or the providers of such information. All rights reserved. None of this material may be reproduced without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 Product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
4. Exclusions of liability
4.1 Whilst CapitalTrack will endeavour to allow uninterrupted access to the Website and the System, the nature of the technology involved is such that CapitalTrack is unable to guarantee an uninterrupted service.
4.2 CapitalTrack uses reasonable endeavours to ensure that the data on the Website and the System is accurate and to correct any errors or omissions as soon as practicable after being notified of them. CapitalTrack does not monitor, verify or endorse information submitted by third parties for posting in the Website or notification through the System. To the extent permitted by applicable law, CapitalTrack disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website or notified on the System. CapitalTrack does not guarantee that the System will be fault free and does not accept liability for any errors or omissions.
4.3 Due to the nature of electronic transmission of data over the internet, and the number of Action Users by whom data is posted on to the System, any liability of CapitalTrack for any losses or claims arising from an inability to access the System, or from use of the System or reliance on the data transmitted using the System, is excluded to the fullest extent permissible by law and in no event shall CapitalTrack be liable for any loss of profit, loss of business, loss of anticipated savings or other consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the System, save where such liability cannot be excluded by law.
4.4 CapitalTrack does not give any warranty that the Website or the System is free from viruses or anything else which may have a harmful effect on any technology.
5. Governing law
5.1 These terms are governed by and to be construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

Section 2

6. Definitions and Interpretation
6.1 In this Section of these terms the following words have the following meanings: FRS a floating rate security Information User a user contracted with and authorised by CapitalTrack to access and / or receive information on particular FRS’s using the System Action User a user contracted with and authorised by CapitalTrack to use the System to publish or transmit information on FRS’s Rate Re-set an interest rate re-set on any DTN the internet based FRS System managed by CapitalTrack as updated from time to time and accessed via the Website User An Action User/ Information User
6.2 References to using the System to "notify" a User mean using the System to send data over the internet by email so that it can be accessed by the addressee on the System.
7. User name and password
7.1 On signing a contract with CapitalTrack, Users are issued with a user name and password which must be used in order to access certain restricted parts of the System.
7.2 The user name and password are the methods used by CapitalTrack to identify Users and so are very important. An Action User is responsible for all information posted on the System by anyone using its user name and password. Any breach of security of a user name and password should be notified to CapitalTrack immediately.
8. Data
8.1 An Action User uploading or otherwise submitting data for display on the Website or using the System to notify another User is responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. CapitalTrack accepts no liability for data supplied by Action Users.
8.2 An Action User shall comply with the procedures for bulk uploading or otherwise submitting data to the System and shall ensure that such data complies with the specifications.
8.3 An Action User warrants that it has taken all reasonable precautions to ensure that any data it uploads or otherwise submits to the System or notifies to Users is free from viruses and anything else which may have a contaminating or destructive effect on any part of the System or any other technology.
8.4 Action Users shall not upload or submit to the System, or notify Users of, any data which is untrue, defamatory or otherwise objectionable or in breach of any applicable laws.
8.5 CapitalTrack shall use all reasonable endeavours to ensure that its servers and databases are secure from external intrusion
9. Access to private data
9.1 CapitalTrack shall take all reasonable steps to ensure that only persons designated by the Action User have access to any data specified by the Action User as private/confidential.
9.2 Data may be communicated to Users via the Website, e-mail, fax or post.
10. Payment
10.1 Users shall comply with the payment terms.
11. Intellectual Property
11.1 The Action User shall retain ownership of all copyright in data it submits to the System. The Action User grants CapitalTrack a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
12. Exclusion of liability for rate re-set notifications
12.1 CapitalTrack may, as part of the service provided by the System, notify Action Users when a Rate Re-set is due. CapitalTrack accepts no liability for any failure to notify an Action User that a Rate Re-set is due.
13. Data protection
13.1 All personal information submitted by Users will be treated in accordance with the Data Protection Act 1998.
13.2 CapitalTrack will collect and use personal information supplied by Users to improve operation of the System. CapitalTrack will not pass on personal information about any User other than in order to verify the authority of a User to access data to which access is restricted, to enable CapitalTrack or an Action User to contact a User where the User has asked to be contacted and to enable payments made to CapitalTrack to be processed. By signing a contract with CapitalTrack, a User is deemed to have consented to use of personal information for these purposes.
13.3 Users shall notify CapitalTrack of any changes to their personal information and may edit it at any time.
14. Termination
14.1 CapitalTrack may terminate this agreement on not less than three months written notice to the User and the User may do the same.
14.2 CapitalTrack may terminate this agreement by giving three days' written notice to the User if it commits a material breach of any of the terms of this agreement and fails to remedy that breach within 21 business days of receipt of a written notification giving full details of the nature of the breach and requiring it to be remedied, and a User may do the same.
14.3 CapitalTrack may terminate this agreement immediately by notice in writing to the User if the User: a. fails to make any payment due to CapitalTrack; b. becomes bankrupt or insolvent or makes an arrangement with its creditors or a receiver or administrator is appointed over its assets or goes in to liquidation
14.4 All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement for any reason
15. General
15.1 CapitalTrack shall not be liable for any loss or failure to perform any obligation due to causes beyond its reasonable control.
15.2 CapitalTrack and the User each acknowledge that it has not entered in to this agreement on the basis of, and does not rely upon, any statement, representation or warranty and that the only remedies available shall be for breach of a term of this agreement.
15.3 If any provision of this legal statement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this legal statement shall not be affected.
15.4 Any notice under this agreement shall be sent by first class post to the registered office (in the case of a company) or last notified address (in the case of an individual) and shall be deemed to have been received two business days after posting.
15.5 Neither CapitalTrack nor the User may assign or transfer any of its rights or obligations under this agreement without the prior written consent of the other, such consent not to be unreasonably withheld. This agreement shall enure for the benefit of, and bind, the respective successors and permitted assignees of the parties.
15.6 If any dispute arises out of, or in connection with, this agreement, CapitalTrack and the User shall attempt to settle it by mediation in accordance with the Centre for Dispute Resolution Model Mediation Procedure.
April 2005