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Trafigura website 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 Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website.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.