These are the terms and conditions of use for www.creditbenchmark.com (Site). The Site is operated by Credit Benchmark Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08065100, and our registered office is at Suite A, 6 Honduras Street, London, EC1Y 0TH. Our VAT registration number is 141874213.
Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 23 February 2021.
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
You may only use the Site for your own internal use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these terms and conditions, you are not allowed to: store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced. The Credit Benchmark logo is a registered trade mark of Credit Benchmark Limited,
We may change the format and content, including any research or white papers (Papers), of the Site from time to time. You agree that your use of the Site and Papers is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site and in the Papers is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose, or originality of any content of the Site or Papers and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or Papers or relying on any of its content.
For the avoidance of doubt, Credit Benchmark is not a credit ratings agency, and none of the proprietary information provided by Credit Benchmark directly are, or shall be considered to be, ‘credit ratings’ including as may be defined by the European Securities and Markets Authority, Financial Conduct Authority, and Securities and Exchange Commission.
Visitors recognize that any information or deliverables provided within Credit Benchmark’s services, including through this website, are designed to assist in the management of credit risk but that end users shall have and bear sole and complete responsibility for all such decisions and management. Accordingly, Credit Benchmark will not be liable under any agreement (even where any other term of any agreement might suggest otherwise) or in tort (including negligence) or otherwise for any losses, damages, expenses, legal actions, or claims whatsoever incurred or sustained by users relating to the quality or appropriateness of any analysis, recommendations, advice or decisions made (in whole or in part) with the aid of any information or deliverables provided.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
The Site may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no way shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
In addition to the above terms and any terms entered into between the user of CB WebApp (“User”) and Credit Benchmark, the following terms shall also apply:
Unless terms of use for CB WebApp are separately agreed between the user and Credit Benchmark in a service agreement, all information (“Data”) accessed on the platform are the confidential information of Credit Benchmark and subject to the following constraints.
All Data is provided ‘as is’. Credit Benchmark does not make or give any representation or warranty, express or implied, as to the accuracy, completeness or otherwise of the Data supplied, and each party acknowledges and agrees that it is responsible for making its own evaluation of such information.
The User acknowledges and agrees that all property, including intellectual property rights, in the Data and in documents and other materials containing the Data shall remain with, and be vested in, Credit Benchmark or its licensors (as applicable). All property, including intellectual property rights, in Credit Benchmark’s services and in documents and other materials made available through Credit Benchmark is owned by Credit Benchmark and or its licensors (as applicable).
Except for the right to use the Data for the purposes as set out between the User and Credit Benchmark, nothing in this terms of use shall be construed as granting to or conferring on you any license, right, title or interest in or to the Data or to give any license to use, sell, copy, reverse engineer or further develop such Data
Access to CB WebApp is provided at the absolute discretion of Credit Benchmark and may be withdrawn at any time if there is non-compliance.
In addition to the above terms and any terms entered into between you and Credit Benchmark, Credit Benchmark may at its discretion, provide a limited, revocable license to trial Credit Benchmark services, with access via the WebApp, or other means at its discretion (the “Trial”).
If you are registering as an organization, rather than in your personal individual capacity, you must have the necessary authority, power and right fully to bind the legal entity or organization on whose behalf you wish to be granted access to the Trial. If you are not authorized to bind that legal entity or organization, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorized.
The following additional terms shall also apply to the Trial:
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to [email protected].
Credit Benchmark brings together internal credit risk views from over 40 leading global financial institutions. The contributions are anonymized, aggregated, and published in the form of consensus ratings and aggregate analytics to provide an independent, real-world perspective of credit risk. Risk and investment professionals at banks, insurance companies, asset managers and other financial firms use the data for insights into the unrated, monitoring and alerting within their portfolios, benchmarking, assessing and analyzing trends, and fulfilling regulatory requirements and capital.
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