Terms of use
Legal Notice
Important information you should read carefully before proceeding.
Definitions
In these Terms of use:
Content means any text, software, database, format, graphic and written work and all other materials (i) developed by, or on behalf of us which form part of this Website; and/or (ii) provided on or through this Website with the permission of the third party owners;
Intellectual Property Rights means (i) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;
We or us or our means Banquo Credit Management LLP, its affiliates, partners, employees, agents and officers and includes their successors and assigns; and
You or your means a user of this Website.
In these Terms of Use, the heading used for each paragraph does not affect its interpretation. Except as otherwise provided in these Terms of Use, any reference to an enactment is a reference to that enactment as amended, extended, applied or re- enacted from time to time and includes references to any subordinate legislation made under that enactment. References to persons include an individual, a body corporate and an unincorporated association of persons.
Access to Website
This Website provided under the name www.banquocredit.com ('Website') is operated by Banquo Credit Management LLP ('Banquo'). Banquo is a limited liability partnership registered in England and Wales with a registration number OC307336 and registered office at 5th Floor, 70 Gracechurch Street, London, EC3V 0XL Banquo is authorised and regulated by the Financial Services Authority in the United Kingdom. Banquo is registered for VAT purposes with VAT registration number 864161718. You may contact us at our relevant offices as set out in the Contact Details section of the Website.
By using and accessing this Website, you agree (i) to comply with all applicable laws and regulatory requirements relating to your use of this Website; (ii) to comply with all reasonable instructions we give you in relation to this Website; (iii) that you are responsible for all telecommunication charges relating to your use of this Website; and (iv) to these Terms of Use.
In addition to these Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. In the event of any inconsistency between these provisions and any other specific and additional provisions, the specific and additional provisions will prevail.
Intellectual Property
We (or our suppliers or third parties who have granted us permission to reproduce their material on this Website) own all Intellectual Property Rights in the Content and this Website. Nothing in these Terms of Use gives you any right, title or interest in the Content or this Website and you do not acquire any such right, title or interest through your use of the Website. If you need third party software to use this Website you agree to obtain a licence of that software at your own expense.
Except as expressly permitted below or by applicable law, you may not copy (except to the extent required in order to use this Website), store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public any part of this Website or systematically extract material from this Website or any document available through it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written permission.
Links
From this Website you may be able to access websites owned by third parties. We do not endorse these third party websites and we have no control over and do not monitor these third party websites. We make no representations or warranties regarding these websites nor do we accept responsibility for their content or for damage or loss you may suffer arising out of accessing those websites including but not limited to damage or loss arising from your use of documents or other information found on those websites.
You may not create a link to this Website from another website or document without our prior written consent.
User Conduct
Any fraudulent or otherwise illegal activity in respect of this Website may be grounds for termination of your access to the Website.
In accessing this Website you must not:
- disrupt or interfere with the Website or any services, system resources, servers or networks connected to or accessible through the Website;
- use any robot, spider or any other automatic or manual device to monitor, copy or extract any pages or content of the Website, without our prior consent;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula relating to the software underlying the infrastructure and processes of the Website;
- transmit to or via this Website any material that may infringe the Intellectual Property Rights of any third party;
- transmit to or via this Website any material that is defamatory, derogatory or offensive;
- attempt to obtain unauthorised access to any part of this Website that is not available for general public access or the server on which the Website is stored or any server, computer or database connected to the Website;
- use the Website to violate any computer network, obtain or crack passwords or any other secure encryption codes, transfer or store any illegal material or engage in any illegal activity including, fraud, child pornography, trafficking in obscene material, violation of any export restrictions, drug dealing, gambling, terrorist activity, harassment, stalking, spamming, hacking, dissemination of viruses or illegal posting of computer passwords or codes; or
- misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
We reserve the right to report any criminal or potentially criminal activities to the relevant authorities and we will cooperate with those relevant authorities by disclosing your identity to them.
If we issue you with a password that permits access to the secure part of this Website, you remain solely responsible for any use of the Website via that access whether authorised or not. You must treat such password as confidential and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
No Warranties
We give no express or implied representation or warranty (statutory or otherwise) in respect of this Website or the Content (including without limitation as to their condition, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
We also cannot guarantee that this Website is free from viruses or other corrupted materials and we will not be responsible for occasional outages or disruption to service which prevent access to the Website. We also do not warrant that the Website will be compatible with any hardware or software that you may use to access the Website..
We may update this Website from time to time and we reserve the right to modify, restrict access to or close this Website and the Content without notice at any time.
The Content may contain information regarding our products or services and specific and additional provisions may apply, however this Website does not offer or constitute any offer to enter into a legally binding contract or purport to provide you with any financial or investment advice. You must obtain advice from and rely upon your own professional advisors in respect of any information contained on this Website.
Indemnity
Subject to applicable law, by accessing this Website you agree to indemnify and hold us harmless from any claim, action, demand, loss or damages made or incurred by any third party arising from your use of this Website, breach of these Terms of Use or your breach of the rights of any third parties.
Limitation of Liability
Subject to the next paragraph (on liability for fraud or for death or personal injury arising from negligence) we, other members of our group of companies and third parties connected to us expressly exclude any and all liability to you or any other person for any direct, indirect or consequential loss or damage (including but not limited to legal costs or settlement costs) incurred by any user in connection with the Website or in connection with the use, inability to use or results of the use of our Website, any websites linked to it and any Content post on it including without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage or any kind however arising and whether caused by tort, negligence, breach of contract or otherwise even if foreseeable.
Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence nor our liability for fraudulent misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.
Termination and Suspension
We reserve the right to discontinue, suspend or terminate, without notice and in its absolute discretion, any service offered by or through this Website as well as the site at any time. All provisions of these Terms of Use which by their nature should survive termination, including without limitation disclaimers, indemnities and limitations of liability.
Data Protection
In general you can visit this Website without telling us who you are or revealing any information about yourself. However, we may collect data from you, including email addresses, (User Data) by our use of cookies (see below) and during the course of your use of this Website.
We may use your User Data for the following purposes:
- to provide this Website to you;
- to include User Data in anonymous statistics;
- to provide you with information you have requested;
- where we are required to do so by law or to prevent and detect crime;
- to other companies who provide a service to us or where we may re-organise, transfer or sell all or part of our business; and
In order to provide this Website and for the purposes stated above we may need to transfer User Data to locations outside the jurisdiction in which you are viewing this Website (User Jurisdiction) and process User Data outside the User Jurisdiction. If the User Jurisdiction is within the European Economic Area (EEA) please note that such transfers and processing of User Data may be in locations outside the EEA. Any data sent or uploaded by you may be accessible in jurisdictions outside the User Jurisdiction (including outside the EEA). The level of data protection offered in such jurisdictions may be less than that offered within the User Jurisdiction or (as the case may be) within the EEA.
User Data may be controlled and processed by any of our offices, some of which are outside the EEA. The location of our offices may change from time to time and we may acquire offices in any number of countries or territories at any time, any one or more of which may act as controllers of and/or process User Data.
By continuing to use this Website and by providing any personal data (including sensitive personal data) to us via this Website or e-mail addresses provided on this Website, you are consenting to our use of your personal data as set out in these Terms of Use.
You are entitled to a copy of your User Data and to have that User Data rectified or deleted as required by applicable data protection legislation. For more information please send an email jj@banquocredit.com
Trademarks
Banquo is our UK and EEA registered' trade mark.
Use of Cookies
A cookie is a tiny element of data that a Website can send to your computer's browser so that this computer will be recognised by the site on your return. Cookies allow our web server to recognise your computer on connection to our Website, which in turn allows the server to make downloading of pages faster than on first viewing. In addition, cookies may also be used by us to establish statistics about the use of this Website by internet users by gathering and analysing data such as: most visited pages, time spent by users on each page, site performance, etc. By collecting and using such data, we hope to improve the quality of the Website.
The data collected by our servers and/or through cookies that may be placed on your computer will not be kept for longer than is necessary to fulfill the purposes mentioned above. Navigation data about site viewers is automatically collected by our servers. If you do not wish to have this navigation data collected, we recommend that you do not use this Website.
Severability
If any provision contained in these Terms of Use are deemed unlawful, void or unenforceable for any reason then that provision may be severed from the remainder and it will not effect the validity or the enforceability of the remaining provisions.
Waiver
Any waiver of any of our rights shall not be deemed to be a waiver of any other provision or term and shall be limited to the specific circumstances under which the waiver was granted.
Variations
We reserve the right to vary or amend the Terms of Use from time to time. We will notify you of any such amendment by posting the relevant amendment to this Website. Any changes shall take effect upon posting to this Website.
No Partnership
Nothing in these Terms of Use is to be taken to constitute a partnership between you and us, nor constitute either of you or us the agent of the other for any purpose.
Rights of Third Parties
No person apart from you and us may enforce any of the terms under the Contracts (Rights of Third Parties) Act 1999.
Governing law and jurisdiction
These Terms of Use and any non-contractual obligations arising out of or in connection with them are governed by and subject to the laws of England and Wales and we and you each submit irrevocably to the exclusive jurisdiction of the courts of England and Wales to settle any dispute including a dispute relating to non-contractual obligations arising out of or in connection with the Terms of Use.