TERMS AND CONDITIONS
IMPORTANT: PLEASE READ
Last updated 24 May 2018
This section contains important information about the legal and regulatory position of registered users (the "Users") of this website ("the Website"). Users must be familiar with this information when using this Website. By accessing the Website you agree to be bound by the terms and conditions as are set out below. These terms apply to all Users reading material on the Website. If you do not agree to these terms and conditions then you should not proceed to use the Website. By registering on and thereby using the Website, you are confirming that you agree to comply with the terms and conditions herein.
The objective of the Company is to serve the public interest of transparency in global Capital Markets.
Copyright and Trademarks
The Website has been conceived, developed, designed and is maintained by Capital Market Data Limited, a company incorporated in the UK (3977763) (the "Company"). The Copyright in all material appearing on this Website belongs to the Company or, as the case may be, the copyright owner of the material. You may copy these materials only in the course of viewing this Website. If you download materials you must use such copies only for your own personal use and must retain all copyright and other proprietary notices contained in the materials. If you breach this term you must immediately destroy the copied and/or downloaded materials. Except as stated herein you may not copy, download, display, publish, transmit or deal in any way in the materials. Unauthorized use may result in a breach of copyright laws. Any third party dissemination, distribution, copying or use of the material without prior permission of the Company or as the case may be the relevant copyright owner is strictly prohibited.
If you send the Company or upload any material, you automatically provide the Company with a right to use the material as it sees fit. Furthermore, use of the service is subject to the Company being able to use your professional profile data including your picture as provided by you or as is available to any online website.
Users acknowledge that all copyright, trademarks and all other intellectual property rights in any material on the Website shall remain vested in the Company or, as the case may be, the copyright owner of the material and may not use, display, disseminate, copy, print, reformat, email, broadcast, reproduce, or rout or make illegal use of the Website in any way that may prejudice the Company’s revenues or pass on the Website to a third party in competition to the Company The material and content contained with the Website is for Users' personal use only and Users agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content, unless specifically licensed by the Company to do so. To request permission to copy any material, please contact the Company in the first instance by email. Notwithstanding the above, in the event the User contributes information in whatever form to the Website, the User hereby grants the Company, and the Company hereby accepts, a non-exclusive, world-wide license to use such information
The company makes no representations or warranties in relation to the materials or that the materials will meet Users requirements or will be uninterrupted, timely, secure or error-free. The Company makes no warranty as to results that may be obtained or the accuracy of any information obtained through the Website. The Company makes no warranty regarding any goods or services purchased or obtained through the Website or any transactions entered into through the Website. The Company excludes all representations, conditions and warranties, either express or implied, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose arising by operation of law or otherwise, except to the extent these may not be excluded by law. The Company shall not be liable in contract, tort (including negligence) or otherwise, for consequential, indirect or punitive loss or damages, loss of business or business interruption, loss of profits or anticipated savings, loss of contracts, or loss of or damage to date, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of event or otherwise or is reasonable foreseeable or is otherwise in the contemplation of the parties in connection with the material, no liability is excluded to the extent such liability may not be excluded or limited by law.
Users agree to provide true, accurate, correct and complete information that Users are required to provide when Users register as a user of the Website ("User Information"). Users must notify the Company immediately of any changes to the User Information. Users agree not to impersonate any other person or entity or to use a false name or a name that Users are not authorized to use. The Company reserves the right to decline any application from Users to register as a user of the Website at the Company's sole discretion. The Company reserves the right to terminate User's access if any User Information is untrue, inaccurate, out-of-date or incomplete.
The Company is based in England and will comply with the relevant English Data Protection laws, and normally will not disclose any personal details to third parties outside the portal’s network and outside the Company's group of companies without the Users consent. The portal’s network includes all users that have been given access to www.cmdportal.com. This includes users that are issuers, dealers and investors. We only operate within the professional market and do not network users that we consider or believe to be retail or are not strict buyers, sellers or intermediators of debt instruments at a wholesale or non-retail level. In addition law firms involved in these transactions and capital market researchers are provided access. The Company's group of companies includes all companies that own a majority of the Company's shares or in which the Company has a majority shareholding. However, Users should be aware that if the Company is requested, by authorized third parties or regulatory or governmental agencies investigating illegal activities, to provide information concerning Users activities whilst using the Company's websites it will do so. The Company will disclose Users personal data if the Company is compelled to do so by law. The Company reserves the right to notify or provide such information to the relevant authority if, in the Company's sole opinion, the Company believes an emergency, illegal activity or some other reasonable basis exists for the Company to do so. Notwithstanding the above, the Company may disclose the User's contact details to other Users where the Company believes this is in the interest of the User. The Company may disclose information about Users and Users' use of the Website to third parties but such information will not include Users' name, mailing address, electronic address, telephone or facsimile number. The Company reserves the right to store and use Users' personal data solely for its own internal purposes and objectives and the Company further reserves the right to access, monitor and retrieve password-protected information in order to fulfil our obligations in these terms and conditions.
Our Privacy Notice is part of these Terms and Conditions.
CMDportal in part operates under the Public Task and the Legitimate Interest exception for processing personal data, as provided by Article 6(1) of the EU General Data Protection Regulation (GDPR). Under English Law, Bonds and similar securities are negotiable instruments. This means they can, subject to applicable selling and other legal restrictions be bought and sold by anyone. Transparency, or access to correct data, is an essential ingredient of a well-functioning and efficient financial market and system. As a Collaborative Market Data portal, CMD provides its’ users access to a Centralised Securities Database. Users are able to add data, update and maintain data. These aspects of our service constitute both a public task as well as a legitimate interest in processing associated user data.
All Users’ access is personal to them and their employer. User’s should not share their passwords and access details with their colleagues or other parties. Users are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website; Users are responsible for all use, activity and charges associated with or arising from Users use of the Website. Users accept responsibility for any content Users transfer through the Website, including, but not limited to, email or newsgroups. Users agree not to use nor allow any third party to use directly or indirectly the Website for any illegal purpose and in accordance with all relevant laws; this to include the uploading, transmission or distribution by any means computer viruses, worms, macro viruses, trojan horses or similar programs; also to include any action such that the whole or part of the Website is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; also to include in any action which constitutes a violation of any person, firm or company or the rights thereof (including, but not limited to, third party intellectual property rights or confidentiality);
Users also agree not to nor allow any third party to carry out or participate in or promote or facilitate the carrying out or participation in any of the following: sending unsolicited junk-mail or bulk email for commercial or non-commercial reasons; sending chain letters or pyramid-selling schemes; sending mail bombs (i.e. sending many emails or very large emails with the express intention of disrupting the recipient or to cause the systems of an Internet Service Provider to fail on receipt of such emails); subscribing third parties to subscription based email lists unless Users have express permission to do so; and collecting or attempting to collect any personal details or other information including, without limitation, User names and passwords of third parties.
Users agree to indemnify the Company, the Company's group of companies and their officers, directors and employees, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by Users or any other liabilities arising out of Users' use of Users' subscription, Users' user name, Users' password, the Website.
The Company Rights
The Company reserves the right to deny access to all or any part of the Website if Users usage of all or part of the Website is deemed by the Company, to be excessive or against the interests of other Users of the Website or in breach of these terms and conditions. The Company reserves the right to modify or discontinue, temporarily or permanently, the Website with or without notice to Users and Users confirm that the Company shall not be liable to Users or any third party for any modification to or discontinuance of the Website. The Company may change these terms and conditions from time to time. Any such changes will be displayed on the Website and Users will be notified of material changes by email. Changes will take effect at the Company's sole discretion. Users' continuing use of the Website thereafter will constitute acceptance of such changes. The Company reserves the right to terminate this Agreement immediately without further notice if Users do not accept any such changes.
The Company may provide links to other web websites outside the Website. Users acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites. Users agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on such external websites.
Whilst the Company makes reasonable attempts to exclude viruses, it cannot guarantee such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safe guards before downloading any of the material from any of the Company's websites.
Limitation of Liability
The Company makes all reasonable effort to provide Users with an informative, accurate, capital markets information service via the Website. The Company makes no warranties or representations with respect to the accuracy, completeness, reliability or timeliness of any information provided to us by third parties. Similarly, the Company does not endorse or oppose any opinion or analysis expressed on the Website by any party whether employed by the Company at the time of the material's creation or not. Users agree that the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with Users use of the Website and any information provided to Users therein, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where the Company have been advised of the possibility of such loss or damage).
Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason any of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.
Any notice which the Company is required to give Users regarding the Website shall be made via either email or regular mail to the address specified below.
Terms and conditions of this Agreement
These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
These terms and conditions shall be governed by English law and Users hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, save that the Company may take action in any appropriate jurisdiction to protect its intellectual property rights.
Capital Market Data Limited, 1 Saint Mark Street, London E1 8DA, Switchboard: +44 20 3096 5203