1. Introduction
1.1. RateSetter (“RateSetter”, “us”, “we”) is a trading style of Metro Bank plc, a public limited company registered in England and Wales registered office address is Metro Bank Plc, One, Southampton Row, London, WC1B 5HA.
1.2. By accessing or using the Website through any means, you are agreeing to be bound by these Website Terms of Use (the “Terms”).
1.3. We may make changes to these Terms and/or to the way we operate the Website, from time to time and will take reasonable steps to bring any material changes to your attention. If you do not agree to these Terms or to any changes made to them, you must not use, and must cease using, the Website.
1.4. These Terms refer to any other terms which also apply to the use of the Website:
1.4.1. our Privacy Policy, which contains details of how we use your personal information. You should read the Privacy Policy carefully before completing your registration or application.
1.4.2. our Cookie Policy, which sets out information about the cookies on our site.
1.5. If you have any questions about these Terms, please contact our Customer Services team on 020 3142 6226 or by email at [email protected].
2. Access to and Use of the Websites
2.1. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We will always try to give you as much advance notice as possible before any planned downtime. However, access to the Website is subject to our right to suspend such access without notice where we are required to do so by any applicable law or where the Website is unavailable through no fault of our own.
2.2. We will not be liable to you if, for any reason (other than our negligence, breach of contract, wilful default or fraud), the Website is unavailable at any time or for any period.
2.3. You are responsible for making all arrangements necessary for you to have access to the Website.
2.4. You will not access or use the Website except for its intended purpose and will not attempt to:
2.4.1. gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website or RateSetter by any means;
2.4.2. reverse engineer or decompile (whether in whole or part) the Website or any software available through the Website;
2.4.3. make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained in them;
2.4.4. use the Website for any purpose that is unlawful under any applicable law;
2.4.5. use the Website to commit any act of fraud;
2.4.6. use the Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or
2.4.7. use the Website in any manner that disrupts its operation.
2.5. You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.
2.6. The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
2.7. Although we work hard to protect the Website, we do not guarantee that the Website will be secure or free from bugs or viruses.
2.8. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
3. Your Account
3.1. By making using the Website, you agree and confirm:
3.1.1. all the information you have provided is accurate and correct and you are the person whose details you have provided;
3.1.2. you can enter into a legally binding agreement with us;
3.1.3. you will only use the Website for purposes envisaged by these Terms;
3.1.4. you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
3.1.5. in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;
3.2. You authorise us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information.
3.3. You should change your password on a regular basis. Passwords should contain a mixture of upper and lower-case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of numbers, symbols and letters in different cases. This will help to prevent the risk of unauthorised use of your account.
3.4. You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account number are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password are being misused so that we can take any actions necessary to protect your account, which may include suspending your account.
3.5. We may end our agreement with you, stop providing any services and close your account immediately if we reasonably believe you have seriously or persistently broken any terms of these Terms or we have reasonable grounds for thinking you have done any of the following things:
3.5.1. you do not respond to our reasonable requests for information or you fail to provide such information;
3.5.2. we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities;
3.5.3. you inappropriately let someone else use your account;
3.5.4. we discover that any information you have provided to us is materially incorrect, inaccurate, false or misleading;
3.5.5. you put us in a position where we might break a law, regulation, code or other duty that applies to us if we maintain your account;
3.5.6. you behave in a threatening or abusive manner to our staff; or
3.5.7. you become or appear likely to become bankrupt or subject to an Individual Voluntary Arrangement or a Debt Relief Order or a Sequestration, Trust Deed or Debt Arrangement in Scotland.
4. Data accuracy and errors
4.1. You agree to inform us as soon as possible if any information provided by you or contained in your account changes and/or if you become aware of any errors with respect to it.
4.2. The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no promises that the content on the Website is accurate, complete or up to date.
5. Intellectual Property
5.1. We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
5.2. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5.3. RateSetter and the RateSetter logo are are trademarks of Metro Bank plc. Metro Bank plc is the sole owner of the same. You will not make any unauthorised use of these trademarks
5.4. www.ratesetter.com is the uniform resource locator ("URL") of RateSetter. You will not make any use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
5.5. We own all rights in any data and related content on the Website. Your registration and use of the Website does not transfer any rights to the content and related intellectual property rights contained in the Website. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Website, including without limitation, any price data without our prior consent. Any unauthorised use or reproduction may be prosecuted.
5.6. Any data licensed to us from third parties is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.
6. Liability
6.1. Nothing in these Terms excludes or limits our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
6.2. Any liability arising out of a breach of these Terms shall be limited to any loss or damage that is a reasonably foreseeable consequence of such a breach and which arises directly from the actions of the defaulting party. Neither party shall be liable for any indirect, special or consequential loss or damage and shall not be liable for any loss of profits, sales, business or revenue. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:
6.2.1. use of, or inability to use, the Website; or
6.2.2. use of or reliance on any content displayed on the Website,
6.2.3. except where such liability arises as a result of our breach of contract, negligence or fault.
6.3. We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under these Terms.
6.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of the Website or to your downloading of any content.
7. General
7.1. These Terms are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. If any provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the legality, validity or enforceability of any other provision of these Terms.
7.2. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.