Website terms of use
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.traccr.com (the “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, 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 the Site and do not download any software available on the Site.
Please note that if you require access to the Trading Simulator software (the “Simulator Software”) and/or the Traccr Education Module (the “Education Software”) (together hereafter referred to as the “Software”) you must read and accept all of the terms and conditions set out below before you are entitled to download the Software.
1 Information about us
1.1 www.traccr.com is a site operated by Traccr Limited ("We" and “Our”). Traccr Limited is a limited company registered in England and Wales under company number 06581810 and has its registered office at Regents Place, 3rd Floor, 338 Euston Road, London NW1 3BT.
2 Accessing the Site
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
2.3 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or 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.
2.4 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
2.5 The Site contains both public and client areas and the client area is only accessible by those who have opened an account with us.
2.6 By using the Site you hereby confirm and agreed that your use of the Site and/or the Software is conditional upon:
2.6.1 your use of the Site and/or the Software being as an individual and in your personal capacity or as a member of a club operating on a non-professional basis;
2.6.2 your use the Site and/or the Software is solely in relation to the management for your personal funds and not as a trader to the public or for the investment of corporate funds; and
2.6.3 you will not distribute, republish or otherwise provide any data from the Site and/or Software to any third party in any manner.
3 Intellectual property rights
3.1 We are the owner or the licensee of all intellectual property rights in the content of the Site, and in the material published on it including without limitation all copyright, database rights and trade marks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
3.3 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.
3.4 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.5 If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4 Licence to use the simulator software and the education software
4.1 By clicking on the Accept button below and/or downloading either or both of the Simulator Software and the Education Software, you agree to become a licensee under these terms and consent to be bound by all of the terms set out on this page and we grant to you a non-exclusive, non-transferable limited licence to use the Software, including (if applicable) electronic documentation and associated material (“the Licence”) strictly in accordance with these terms.
4.2 A fee is payable by you for the Licence and is the amount shown on the Site plus VAT at the prevailing rate (“the Licence Fee”). The Licence Fee is payable and is non-refundable. The Licence shall commence on the date the Licence Fee is paid to us in full by you and shall remain in force for the period in respect of which you have paid the Licence Fee.
4.3 You may only use the Software by copying, transmitting or loading it into a single hard disk, CD-ROM or other storage device such that your computer may process the Software. You may not copy of transfer the Software from one computer to another over a network save as otherwise expressly provided in these terms.
4.4 You are not permitted to copy the Software otherwise than for use of the Software for normal operation in accordance with these terms. You shall not disassemble, decompile or reverse engineer the Software, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-licence or create derivative works from the Software. You shall not display the Software on a public bulletin board, ftp site, website, chat room or by any other unauthorised means.
4.5 You shall destroy the Software and all upgrades or copies in your possession promptly upon termination or discontinuance of the Licence, for whatever reasons.
4.6 The Software is provided ‘as is’ without any warranty of any kind either express or implied. We do not warrant that the Software will be error-free or that any errors will be corrected and you are solely responsible for all costs and expenses associated with rectification, repair or damage caused by any such errors. For the avoidance of doubt prices shown on the Simulator Software are for illustrative purposes only and are not tradable prices.
5 Reliance on information posted
5.1 Content, market data, commentary, accompanying documentation and other materials or information posted on the Site is not intended to amount to advice on which reliance should be placed and no representation, guarantee or warranty (whether express or implied) are given in respect thereof. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
5.2 All investments carry risks and you must understand the risks involved before proceeding with an investment. Please read the Risk Warning in full. The Risk Warning sets out the particular investment risks of investing in complex financial instruments such as credit derivatives. If there is anything you do not understand it is recommended that you seek specialist independent financial and/or legal advice, in particular, regarding the suitability of complex financial instrument trading.
6 The Site changes regularly
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
7 Our liability
7.1 The material displayed on the Site 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 (if any) and third parties connected to us 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 the Site or in connection with the use, inability to use, or results of the use of the 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.
7.2 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.
8 Information about you and your visits to the Site
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is true and accurate.
9 Viruses, hacking and other offences
9.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 the Site will cease immediately.
9.3 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 the Site or to your downloading of any material posted on it, or on any website linked to it.
10 Linking to the Site
10.1 You may not link to the Site under any circumstances.
10.2 The Site must not be framed on any other site.
10.3 If you wish to make any use of material on the Site other than that set out above, please address your request to info@traccr.com.
11 Links from the Site
Where the Site 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 or liability for them or for any loss or damage that may arise from your use of them.
12 Suspension and termination
12.1 We will determine, in our discretion, whether there has been a breach of these terms through your use of the Site. When a breach of these terms has occurred, we may take such action as we deem appropriate.
12.2 Failure to comply with these terms constitutes a material breach and may result in our taking all or any of the following actions:
〈 Immediate, temporary or permanent withdrawal of your right to use the Site
〈 Immediate, temporary or permanent suspension or termination of the Licence.
〈 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.
〈 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.3 We exclude liability for actions taken against you in response to a breach of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
13 Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
14 Trade marks
TRACCR is the UK registered trade mark of Traccr Limited.
15 Severability
15.1 If any provisions these terms (or part of any provision) is found by any court or other authority or competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent require, be deemed not to form part of these terms and the validity and enforceability of the other provisions of theses terms shall not be affected.
15.2 If a provision of these terms (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it illegal valid and enforceable.
16 Markit
NEITHER MARKIT GROUP AND ITS AFFILIATES (INCLUDING INTERNATIONAL INDEX COMPANY LIMITED) (COLLECTIVELY TOGETHER "MARKIT") NOR ANY DATA PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS OR COMPLETESS OF THE DATA OR SERVICES OR AS TO RESULTS TO BE ATTAINED BY CUSTOMER OR OTHERS FROM THE USE OF THE DATA OR SERVICES, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MARKIT AND DATA PROVIDERS EXPRESSLY DISCLAIMS ANY CONDITION OF QUALITY AND ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY, GUARANTY OR REPRESENTATION MADE BY MARKIT OR ANY DATA PROVIDER.
NEITHER MARKIT NOR ANY OTHER PERSON OR ENTITY SHALL IN ANY WAY BE LIABLE TO THE USER OF THIS DATA (OR DOCUMENT) OR ANY CLIENT OF SUCH USER FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE DATA AVAILABLE ON THIS DOCUMENT OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. UNDER NO CIRCUMSTANCES WILL MARKIT GROUP LIMITED, ITS AFFILIATES AND DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR LOST PROFITS DAMAGES WITH RESPECT TO THE USE OF THIS DATA (OR DOCUMENT OR THE INFORMATION AVAILABLE HEREIN), REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
17 Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time 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 the Site.
Your concerns
If you have any concerns about material which appears on the Site, please contact info@traccr.com.
Thank you for visiting the Site.
