Terms of use
IMPORTANT LEGAL NOTICE:
These Terms of Use are issued by Trafigura Limited (company number
02737924) of Portman House, 2 Portman Street, London W1H 6DU,
United Kingdom (“Trafigura”), on behalf of itself and each of its
group companies. "Trafigura" [and "other Trade Mark"] are
[registered] trade marks of Trafigura Limited.
1. Introduction
1.1 You may access most areas of our site www.trafigura.com (“Website”)
without registering your details with us. Certain areas of the
Website may only be available to you if you register.
1.2 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.
1.3 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 Certain provisions of these Terms of Use may be superseded by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.
1.4 It has come to our attention that an organisation is purporting
to place investments in the Trafigura Group. This organisation has
no connection with us and it is not authorised to deal in our
shares in any way. Trafigura is a privately-held group and shares
are not available for public investment. If you are contacted by
anyone claiming to be trading shares in Trafigura, please relay
this information to them, and contact us by e-mail on enquires@trafigura.com
1.5 This website and its contents are not directed at the general
public. To the extent that they are aimed at persons in the UK,
they are directed only at persons to whom such communications may
lawfully be made including: (a) "investment professionals" within
the meaning of Article 19 of the Financial Services and Markets Act
2000 (Financial Promotion) Order 2001 (the "FPO"); and (b) "high
net worth companies, unincorporated associations etc" within the
meaning of Article 49 of the FPO.
a) An "investment professional" for the purposes of Article 19 of
the FPO is a person who has professional experience in matters
relating to "investments".
b) A "high net worth company, unincorporated association etc" for
the purposes of Article 49 of the FPO is (a) a body corporate which
has a called-up share capital or net assets of at least £5million
(or where the company has more than 20 members or is a subsidiary
undertaking of a parent undertaking which has more than 20 members,
at least £500,000);
(b) an unincorporated association or partnership which has net
assets of not less than £5 million; (c) the trustee of a high value
trust; or (d) any person ("A") whilst acting in the capacity of
director, officer of employee of a person ("B") falling within any
of the above where A's responsibilities when acting in that
capacity, involve him in B's engaging in investment activity.
c) The investments and investment activities to which this website
relates will be available only to the persons described above. Any
persons who do not have professional experience in matters relating
to investments or do not fall within the description of high net
worth companies, unincorporated associations etc. should not rely
on this website or its contents."
2. Licence
2.1 You are permitted to print and download extracts from the
Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in
any way;
(b) no graphics on the Website are used separately from the
corresponding text; and
(c) Trafigura’s copyright and trade mark notices and this
permission notice appear in all copies.
2.2 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.
2.3 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.
2.4 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.
2.5 Any rights not expressly granted in these terms are
reserved.
3. Service Access
3.1 While Trafigura endeavours to ensure that the Website is
normally available 24 hours a day, Trafigura shall not be liable if
for any reason the Website is unavailable at any time or for any
period.
3.2 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.
3.3 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.
4. Visitor Material and Conduct
4.1 We process information about you in accordance with our privacy
policy (www.trafigura.com/privacy
policy.aspx). By using the Website, you consent to such processing
and you warrant that all data provided by you is accurate.
4.2 Other than personally identifiable information, which is
covered under our Privacy Policy, 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. 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.
4.2 You are prohibited from posting or transmitting to or from the
Website any material:
(a) which is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or
approvals; or
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any
third party, in any country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
4.3 You may not misuse the Website (including, without limitation,
by hacking);
4.4 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 4.2 or clause 4.3.
5. Links to and from other websites
5.1 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.
5.2 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:
(a) you do not remove, distort or otherwise alter the size or
appearance of the Trafigura logo;
(b) you do not create a frame or any other browser or border
environment around the Website;
(c) you do not in any way imply that Trafigura is endorsing or
recommending any products or services other than its own;
(d) you do not misrepresent your relationship with Trafigura nor
present any other false information about Trafigura;
(e) you do not otherwise use any Trafigura trade marks displayed on
the Website without express written permission from
Trafigura;
(f) you do not link from a website that is not owned by you;
and
(g) 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.
5.3 Trafigura expressly reserves the right to revoke the right
granted in clause 5.2 for breach of these terms and to take any
action it deems appropriate.
5.4 You shall fully indemnify Trafigura for any loss or damage
suffered by Trafigura or any of its group companies for breach of
clause 5.2.
6. Disclaimer
6.1 While Trafigura endeavours to ensure that the information on
the Website is correct, Trafigura does not warrant the accuracy and
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.
6.2 In particular, but without prejudice to the generality of
clause 6.1, commentary and other materials posted on the Website
are not intended to amount to advice on which reliance should be
placed.
6.3 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.
7. Liability
7.1 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.
7.2 Nothing in these Terms of Use shall exclude or limit the
liability of Trafigura or any other person for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under
applicable law.
8. Governing Law and Jurisdiction
The English courts will have non-exclusive jurisdiction over any
claim arising from, or related to, a visit to 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.