Terms and Conditions

Last updated: 9th June 2019

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms of Service”, “Terms and Conditions”) carefully before using the https://www.capalytic.com website (the “Service”) operated by Capalytic Limited (“us”, “we”, or “our”) or ordering any product supplied by Capalytic Limited.

Capalytic Limited provides access to https://www.capalytic.com and supplies products and services subject to the terms and conditions set out on this page.

By accessing, browsing, or using the Service or any products and services supplied by Capalytic Limited you acknowledge that you have read, understood and agree to be bound by these Terms and such access or use constitutes acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with any part of the Terms then you may not access the Service or the products or services supplied by Capalytic Limited.

Other Applicable Terms

The following additional terms also apply to your use of https://www.capalytic.com:

  1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate and complete. Our Privacy Policy, also sets out information about the cookies on https://www.capalytic.com.
  2. Your terms of sale with us, if applicable. In the event of any conflict between these Terms and your terms of sale with us, the terms of sale shall govern to the extent of such conflict.


Capalytic Limited will aim to ensure that the availability of https://www.capalytic.com will be uninterrupted and that transmissions will be error-free. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted or error-free access to https://www.capalytic.com at all times. Access to https://www.capalytic.com may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Capalytic Limited reserves the right to refuse access to https://www.capalytic.com and remove or edit website content at its own discretion. This includes removing information transmitted by you to us.

We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account and password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Use of the Site

You agree not to use the services we provide via https://www.capalytic.com to:

  1. Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services;
  4. Transmit any information that you do not have a right to transmit or which infringes another’s rights;
  5. Transmit any unsolicited or unauthorised promotion (including but not limited to “junk mail”, “spam”, “chain letters” or “pyramid schemes”);
  6. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; or collect or store personal data about other users.

Electronic Communications and Consent to Being Contacted

By submitting personal information to us by electronic means of communication (e.g. email) or via any of the online forms on the site, you consent to being contacted (e.g. by phone or email) by a representative of Capalytic Limited. We will endeavour only to contact you when you have clearly informed us that you wish to be contacted and conversely, we will endeavour to avoid contacting you when you have clearly informed us that you do not wish to be contacted, but we cannot guarantee that errors will not arise in our endeavours to respect your wishes regarding whether and how we contact you. When we contact you, we may communicate with you electronically by email or by posting notices on https://www.capalytic.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Capalytic Limited and its licensors. No portion of https://www.capalytic.com may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the written consent of Capalytic Limited. No framing or framing techniques to enclose any trademark, logo, or other proprietary information of Capalytic Limited is allowed without our written consent.

Certain names, words, titles, phrases, logos, icons, graphics, designs, or other content on https://www.capalytic.com may constitute trade names, trade marks or service marks of Capalytic Limited. All other trade marks displayed are properties of their respective owners. Any unauthorized downloading, retransmission, or other copying or modification of trade marks and/or the contents herein may be a violation of the law and could subject the copier to legal action.

To the extent that all or parts of https://www.capalytic.com constitute a “database” for the purposes of the Copyright and Rights in Databases Regulations 1997, reproduction of part or all of these pages is prohibited to the fullest extent permitted by the Copyright and Rights in Databases Regulations 1997.

Any opinions (express or implied) on https://www.capalytic.com are those of the individual authors and not necessarily those of Capalytic Limited or its partner organisations.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Capalytic Limited. Capalytic Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorisation, sponsorship, or affiliation by us of that website or resource, or any products or services provided therein.

You further acknowledge and agree that Capalytic Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Reference to any product or service on https://www.capalytic.com does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in all countries or that the name and description of any product or service in your country will be the same as that included on https://www.capalytic.com.

Capalytic Limited endeavours to provide current and accurate information in any products or services supplied by Capalytic Limited including on https://www.capalytic.com, but errors may occur. Accordingly, Capalytic Limited reserves the right to reject, correct, cancel or terminate any order for products or services for which the price was incorrectly displayed or where otherwise erroneous or inaccurate information was displayed.


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Terms and conditions of sale

The conditions in this section of the Terms constitute conditions of a contract between you the customer (“you” or “your”) and Capalytic Limited (“us”, “we”, or “our”) governing your use of our products and services, including reports that we may offer for purchase. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding. In this section, we use the term “Product” to refer to the products and services described in a Purchase Order.


Purchase Orders for products and services provided by us, including reports that we may offer for purchase, shall only be binding when accepted by us. By submitting a Purchase Order for a Product with Capalytic Limited, you agree without limitation or qualification to complete the transaction; you shall not cancel or amend the Purchase Order unless we have given our prior written consent. We shall assume that any person who places a Purchase Order on your behalf can bind you legally.


The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (“Intellectual Property Rights”) relating to the Product belong to us, the holding company, or our licensors, as the case may be, at all times. You obtain no ownership rights in the Product or any of the Intellectual Property Rights pursuant to or arising out of this Agreement.

Payment terms

You expressly acknowledge and agree that Capalytic Limited can withhold the product or service as a result of non-payment within the agreed credit terms of 30 days. Payments may be made by credit or debit card, by wire transfer, or through other means as will be described on this website in the sales and ordering process. You are responsible for all bank charges relating to the wire transfer. If the dispatch of an order cannot be fulfilled or is delayed, you will be notified. To qualify for discounts on our products or services, payment must be made within 30 days of invoice date. We reserve the right to apply administration charges to any amendments of invoices such as a date or address change although we will endeavour to avoid doing so unless there are exceptional circumstances.

Late Payment

Capalytic Limited may exercise its rights under the Late Payment Act including the right to claim interest, debt recovery costs, and reasonable costs each time we attempt debt recovery, if you are late in paying for products or services provided by Capalytic Limited.

Refunds and Cancellations

The descriptions of the products and services sold by Capalytic Limited are as complete and accurate as possible. Customers are encouraged to read all available information about a product before placing a Purchase Order. Due to the nature of the information contained in our products and services, once a Product has been dispatched, orders cannot be cancelled. Once you have opened a Capalytic Limited Product, due to the nature of the Product, you are obliged to pay for the purchase of the Product. If you have placed an order in error, please contact us urgently to discuss the situation.

Grant of License

We grant you a non-exclusive, non-transferable license to use the Product. By submitting a Purchase Order for a Product provided by Capalytic Limited, you agree and represent that you are buying the Product for your business purposes, and not for resale or export. You warrant that you shall only use the Product for your business purposes in accordance with this agreement and shall not, without our prior written consent, make available, copy, reproduce, re-transmit, disseminate, sell, license, distribute, publish, broadcast or otherwise circulate the Product (or any part of it) to any person other than in accordance with these terms and conditions. You further warrant that you shall comply with all applicable laws and regulations and shall not knowingly use the Product for any improper or unlawful purposes.


Unless stated otherwise on the Purchase Order, the Product is licensed to you on a Single User License basis. Use of any report provided by Capalytic Limited is bound by the license type (Single User license, Site license, Global license) you purchase during the purchasing process. These are described below.

  1. Single User License: This license allows for use of a Product (e.g. a report) by one named person, explicitly confirmed at point of sale. This person may use the Product and print copies of the Product for their own use but may not share the Product (or any information contained therein) with any other person or persons. In order to provide access to the Product to additional persons, a Single User License must be purchased for each additional person, or another license permitting such access must be purchased (e.g. Site license, Global License).
  2. Site License: This license allows for use of a Product by an unlimited number of people within the same enterprise location (e.g. a single regional office). Each of these people may use the Product and print copies of the Product for their own use but may not share the Product (or any information contained therein) with any person or persons outside of the enterprise location.
  3. Global License: This license allows for use of a Product by an unlimited number of people within the same enterprise worldwide. Each of these people may use the Product and print copies of the Product for their own use. The Product (and any information contained therein) may not be shared with any other person or persons outside the enterprise without the written consent of Capalytic Limited. If you wish to share the Product or any information contained therein with external consultants, please contact us.

You warrant that you will use appropriate controls to ensure that the license is not breached by you or other users and agree that any breach may cause us irreparable harm. You agree we have the right to charge additional fees for unauthorized usage in line with our standard list prices. This clause survives termination of the Agreement.

Warranty and Indemnity

You warrant and represent to us that you have all necessary rights to grant the rights and licenses set out in your contract with us. You agree that there have been no guarantees made by us for any given Product and that no employee of Capalytic Limited has made a promise or commitment that does not appear here. You agree to indemnify and hold Capalytic Limited and any of our officers, employees and agents harmless from and against all claims, liabilities, expenses, losses, cost or damages incurred or suffered and any claims of legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.


Neither you nor we shall, except as required to perform our and/or your respective rights and obligations, use, copy, adapt, alter, disclose to any third party or part with possession of any information or data of the other party which is disclosed or otherwise comes into our or your possession directly or indirectly as a result of these Terms and which is of a confidential nature, in writing marked confidential or, if disclosed orally, reduced to writing and marked confidential within 30 days of the date of such disclosure (“Confidential Information”). This obligation shall not apply to information:

  1. the receiving party can prove was in its possession at the date it was received or obtained; or
  2. the receiving party obtains from some person other than us, you or an Affiliate with good legal title thereto; or
  3. comes into the public domain otherwise than through the default or negligence of the receiving party; or
  4. is independently developed by or for the receiving party.

Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.

Other terms

You may not resell, assign or transfer any of your rights under these Terms without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel this Agreement contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights and Third Parties) Act 1999 to rely upon or enforce any terms of this agreement.

Disclaimer and Limitation of Liability

Your use of the Service and any products or services supplied by Capalytic Limited is at your sole risk. The Service and any products or services supplied by Capalytic Limited are provided on an “AS IS” and “AS AVAILABLE” basis. The Service and any products or services supplied by Capalytic Limited are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

To the fullest extent permitted by applicable law, neither Capalytic Limited nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with use of, or inability to use, the products, materials, software and/or facilities or services offered by Capalytic Limited, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Capalytic Limited has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. Our liability in contract, tort or otherwise arising out of or in connection with these Terms shall not exceed the total Charges received by us from you for services outlined in your Purchase Order. We cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate instructions from any of the foregoing. Any third party purchase order accepted from any agent will be deemed jointly and severally liable with the agent’s client to us in respect of all matters including charges relating to the purchase order and conditions therein contained. No action arising out of these Terms (other than an action by Capalytic Limited for the recovery of fees owed by the client to us) may be brought more than one year after the cause of action first arose.

Governing Law

These Terms shall be governed and construed in accordance with English law without regard to its conflict of law provisions. Each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice to you from time to time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Any amendment shall be effective once the revised terms have been posted or published on https://www.capalytic.com.

By continuing to access or use our Service or placing an order for products or services supplied by Capalytic Limited after revisions to our Terms become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service. The terms and conditions applying to each use of https://www.capalytic.com or order placed are those accepted at the time that https://www.capalytic.com is used or the order placed.

Contact Us

If you have any questions about these Terms, please contact us.