This page (together with the documents referred to on it) tells you the terms on which you may make use of our website www.caplin.com (our Website).

Please read these terms of use carefully before you start to use our Website. By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website.

Information about Us

www.caplin.com is a Website operated by Caplin Systems Limited, an English company with its registered office at 3rd Floor, One New Change, London, EC4M 9AF ("we", "us", "our").

Accessing our Website

Access to our Website is permitted on a temporary basis. We will not be liable if for any reason our Website is unavailable at any time or for any period.

When using our Website, you must comply with our acceptable use provisions (see below) which describe prohibited uses of our Website.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our Website are not intended to amount to advice on which you should rely. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or registered user to our site, or by anyone who you may inform of any of its contents.

Our Website changes regularly

We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us, including but not limited to any third party service providers that assist in the provision of the services available via our site, hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted 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
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our Website

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our Website

Whenever you make use of a feature that allows you to upload material to our Website, including the messaging system featured on our Website, you must comply with the content standards set out in our acceptable use provisions (see below). You undertake that any such contribution will comply with those standards, and on each occasion, you upload material you are deemed to warrant that it does so. By uploading information, you agree to indemnify us fully for any breach of that undertaking and warranty.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

Acceptable use

You may use our Website only for lawful purposes.

You may not use our Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of Website use (see above);
• not to, nor will you attempt to disassemble, de-compile, reverse engineer, extract or modify or create derivative works based on the whole or any part of the software used in the provision of our site or the relevant source code of such software;
• not to access without authority, interfere with, damage or disrupt: any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website or any equipment or network or software owned or used by any third party.
• You may use the information contained on our Website or obtained from or via our Website for your own internal business purposes only. For the avoidance of doubt, you may not use such information in any way that would compete with our Website or our business or interests or the business or interests of any of our subsidiaries, as defined in section 1159 of the Companies Act 2006.

You may not link any website to our site that:

• is a competitor's website;
• contains advertisements for competitors;
• gives a negative image/impression of our site, us or any of our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006;
• violates any legal and/or official provisions and/or prohibitions; or
• can be perceived as obscene, insulting, defaming, defamatory, discriminatory, not fit for minors, racist, xenophobic or condemnable in any other way.

You warrant, represent and undertake that you have and shall at all times have all necessary licences, approvals, and registrations in order to use or access our site for the purpose of providing any third party with any services or information.

You are solely responsible for any discussions and/or negotiations that you enter into with any other user of our Website. We give absolutely no warranties in respect of any of the users of our Website and it is for you to carry out whatever checks or enquiries as you see fit in respect of any such user. Whether you are providing or receiving services via our Website, it is your absolute responsibility to carry out any due diligence that you deem necessary on any other registered user and we will have no liability in relation to the same.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under Computer Misuse laws. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use provision (see above).

If you wish to make any use of material on our site other than that set out above, please address your request to DataProtectionOfficer@caplin.com.

Links from our Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Monitoring and enforcement

We will determine, in our discretion, whether there has been a breach of the terms of use through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page frequently to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our Website, please contact DataProtectionOfficer@caplin.com

Thank you for visiting our Website.