Important legal notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS.

 

These Terms of Use are issued by Trafigura Limited (company number 02737924) of 14 St. George Street, London W1S 1FE, United Kingdom ("Trafigura"), on behalf of itself and each of its group companies. "Trafigura" and the Trafigura logo are trade marks of Trafigura Limited. Our VAT number is GB606168253. You may contact us regarding these Terms of Use by post or by email to enquiries@trafigura.com. 

 

1. Introduction

You may access most areas of our site https://www.trafigura.com  ("Website") without registering your details with us. Certain areas of the Website may only be available to you if you register.

 

Our ‘Trafigura Insights’ blog  https://trafigurainsights.blog/ (“Blog”) is a microsite, which forms part of our Website. Accordingly, all references in these Terms of Use to our Website shall be construed as references to both the Website and the Blog.

 

By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.

 

Our Privacy Notice (https://trafigura.com/privacy-notice/) also applies to your use of the Website and you should read this in full before using the Website.

 

Trafigura may revise these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website. You should take care to read such supplemental notices, as applicable.

 

2. License

You are permitted to print and download extracts from the Website for your own use on the following basis:

 

• no documents or related graphics on the Website are modified in any way;
• no graphics on the Website are used separately from the corresponding text; and
• Trafigura's copyright and trade mark notices and this permission notice appear in all copies.

 

In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.

 

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Trafigura or its licensors. For the purposes of these Terms of Use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

 

Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Trafigura's prior written permission.

 

Any rights not expressly granted in these terms are reserved.

 

3. Service access

While Trafigura endeavours to ensure that the Website is normally available 24 hours a day, Trafigura does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. 

 

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Trafigura's control.

 

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

 

If you register to use specific parts of the Website, you will ensure that you keep your account details and password secure and will not allow your account to be used by anyone else.

 

We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

 

4. Visitor material and conduct

We process information about you in accordance with our Privacy Notice (https://trafigura.com/privacy-notice/). By using the Website, you confirm that you have read and acknowledged and terms of our Privacy Notice and you warrant that all data, including personal data, provided by you is accurate and up to date.

 

Other than personal data, which is covered under our Privacy Notice, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Trafigura shall have no obligations with respect to such material. Save with respect to Content submitted to the Blog (in which case clause 5.8 shall apply), Trafigura and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes on a royalty free, worldwide basis.

 

You may only use the Website for lawful purposes. You may not use the Website:

 

• in any way that breaches any applicable local, national or international law or regulation, in any country in the world;
• 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 are prohibited from posting, uploading or transmitting to or from the Website any material which constitutes a breach of clause 4.3 or a breach of the Content Rules (see clause 5 below).
• You shall not reproduce, duplicate, copy or re-sell any part of the Website, except as set out in clause 2.

 

You may not misuse the Website (including, without limitation, by hacking) and in particular, you shall not:

 

• access without authority, interfere with, damage or disrupt:
• any part of the Website;
• any equipment or network on which the Website is stored; or
• any software used in the provision of the Website; or
• introduce computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

Trafigura shall fully co-operate with any law enforcement authorities or court order requesting or directing Trafigura to disclose the identity or locate anyone posting any material in breach of clause 4.3 or clause 4.4, or otherwise breaching this clause 4.

 

Breaches of the Terms of Use may result in the immediate permanent or temporary withdrawal of your right to use the Website, the immediate permanent or temporary removal of any material posted by you and/or legal proceedings being brought against you.

 

5. Blog Content Rules

When you contribute any content to the Blog, whether by posting a Blog entry or commenting on a blog entry (collectively “Content”), you shall comply with the content rules set out in clauses 5.4 to 5.6 (“Content Rules”).

 

The Content Rules must be complied with in spirit as well as to the letter. They apply to each part of any Content as well as to its whole.

 

Trafigura will determine, in its sole discretion, whether any Content breaches the Content Rules.

 

All Content must:

 

• be accurate (where it states facts);
• be genuine (where it states opinions); and
• comply with the law applicable in any country from which it is posted.

 

Content must not:

 

• be defamatory of any person;
• be obscene, indecent, offensive, hateful or inflammatory;
• bully, insult, intimidate or humiliate;
• be pornographic or promote sexually explicit material;
• include child sexual abuse material;
• be menacing or promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, trade mark or other intellectual property right of any other person anywhere in the world;
• be scandalous, inflammatory or blasphemous;
• incorporate any material that could be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• be likely to deceive any person or to otherwise be considered as misrepresentation;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be in contempt of court;
• be threatening, abusive, invade another’s privacy, breach confidence or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the Content emanates from Trafigura, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse, or any act giving rise to civil liability;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
• contain any advertising or promote any services or web links to other sites.

 

You are responsible for obtaining any necessary licences and approvals prior to submitting any Content to Trafigura and you shall not submit any Content without such licences and approvals.

 

You warrant that any Content that you contribute to the Blog complies with the Content Rules. If you are a business user, you shall fully indemnify us for any loss or damage we suffer as a result of your breach of this warranty.

 

Any Content you contribute to the Blog will be considered non-confidential and non-proprietary. You assign all intellectual property rights in the Content to Trafigura. To the extent you do not own any of the intellectual property rights in such Content, you agree to procure, on behalf of Trafigura and users of the Website, a limited licence to use, store and copy that Content and to distribute and make it available to third parties.

 

Trafigura has the right to disclose your identity to any third party who is claiming that any Content contributed by you to the Blog constitutes a violation of their intellectual property rights.

 

You are solely responsible for securing and backing up your Content.

 

6. Blog Content Review and Monitoring

Trafigura will, at its option, review all new Content before it is posted to the Blog. The posting of any new Content to the Blog will be subject to Trafigura’s prior approval, which it may withhold at its absolute discretion.

 

Trafigura may, from time to time, review and monitor existing Content posted to the Blog, and reserves the right to take down any Content, which it considers to be in breach of the Content Rules or which it otherwise considers, at its sole discretion, to be inappropriate or unsuitable for the Blog.

 

Trafigura is under no obligation to oversee, monitor or moderate any Content. The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. Trafigura makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

 

The views expressed in the Content posted on the Blog do not necessarily represent the views and values of Trafigura. If you wish to complain about any Content, please contact us by email using the address set out at the top of these Terms of Use.

 

7. Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Trafigura has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Trafigura therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

 

If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

 

• you do not remove, distort or otherwise alter the size or appearance of the Trafigura logo;
• you do not create a frame or any other browser or border environment around the Website;
• you do not in any way imply that Trafigura is endorsing or recommending any products or services other than its own;
• you do not misrepresent your relationship with Trafigura nor present any other false information about Trafigura;
• you do not otherwise use any Trafigura trade marks displayed on the Website without express written permission from Trafigura; you do not link from a website that is not owned by you; and
• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

Trafigura expressly reserves the right to revoke the right granted in clause 7.2 for breach of these terms and to take any action it deems appropriate, including requiring the immediate de-linking of the Website.

 

If you are business user, you shall fully indemnify Trafigura for any loss or damage suffered by Trafigura or any of its group companies for breach of clause 7.2.

 

8. Disclaimer

While Trafigura endeavours to ensure that the information on the Website is correct, Trafigura does not warrant the accuracy or completeness of the material on the Website. Trafigura may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Trafigura makes no commitment to update such material.

 

In particular, but without prejudice to the generality of clause 8.1, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

 

9. Liability

Whether you are a consumer or a business user:

 

• Nothing in these Terms of Use shall exclude or limit the liability of Trafigura or any other person for:
• death or personal injury caused by negligence;
• fraud;
• misrepresentation as to a fundamental matter; or
• any liability which cannot be excluded or limited under applicable law.

  

If you are a business user:

 

Subject to clause 9.1. Trafigura, its group companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

 

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Trafigura provides you with the Website on the basis that Trafigura excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.

 

If you are a consumer user:

 

Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Trafigura has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that Trafigura has supplied damages a device or digital content belonging to you and this is caused by Trafigura’s failure to use reasonable care and skill, Trafigura will either repair the damage or pay you compensation.

  

10. Governing law and jurisdiction

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

 

If you are a business, the English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Website, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.

 

Last updated: February 2020