Argus European Middle Distillates Bulletin Board - User Terms and Conditions
Argus European Middle Distillates Bulletin Board - User Terms and Conditions
Welcome to the Argus European Midle Distillates Bulletin Board provided by Argus Media Ltd. In these terms and conditions “Argus”, “us”, “we” and “our” means Argus Media Ltd and “you” and “your” means you, the company, or the individual user of this site.
Your permission to access, view and use the Bulletin Board is conditional upon your acceptance of these terms and conditions. Your continued access to, viewing and use of the Bulletin Board indicates your acceptance of and agreement to be bound by these terms and conditions. If you are not prepared to accept and agree to these terms and conditions, then we do not give you permission to access, view and use the Bulletin Board and you must exit this site immediately.
1. Login
1.1 Before you are entitled to access, view and use the Bulletin Board you are required to create a user account with us. Once you have completed the registration form on the Bulletin Board website, we will provide you with a username that will enable you to access, view and use the Bulletin Board. We shall be entitled to assume that any person that logs into the Bulletin Board using your username has been authorised by you to do so and you will be responsible for their acts or omissions as if they were your own. Accordingly, you are responsible for ensuring that your username remains secret and you shall be responsible for notifying us if you believe that someone else is using your username without your permission.
2. Use of the Bulletin Board
2.1 The Bulletin Board is provided as a source of information relating to current middle distillate bids, offers and transactions and the use of such bulletin board by a user is currently free of any charge or fee. The information available via the Bulletin Board has been provided by users of the Bulletin Board and as such we cannot and do not accept any liability for the accuracy, reliability or completeness of such information.
2.2 The Bulletin Board will be available for users to post information relating to offers, bids or transactions made and reported to us. Any information submitted to us will be posted to the Bulletin Board at the discretion of Argus.
2.3Information must only be submitted to the Bulletin Board by one of the parties involved in any given transaction or potential transaction, namely the offeror, the bidder or the broker.
2.4 If you conclude a transaction at bids or offers that are posted on the Bulletin Board, then you shall report such concluded transaction to us as soon as reasonably possible thereafter.
2.5 You agree that we shall be entitled to post on the Bulletin Board any information that you submit. You shall be responsible for all such information and you warrant, represent and undertake that, in respect of any information that you submit about a particular bid, offer or transaction that:
(a) you are either the bidder, offeror or a broker in respect of such bid, offer or transaction as the case may be;
(b) such information is true, accurate and complete in all respects to the best of your knowledge;
(c) that you have the right to submit that information to us and that we have right to post that information on the Bulletin Board.
2.6 We reserve the right in our absolute discretion not to post any information submitted by any user for any reason whatsoever including but not limited to the following (and we shall promptly inform you of such reason in writing):
(a) where we receive the information outside the time periods referred to in clause 2.2 above;
(b) where we believe the information submitted is not representative of the relevant market as a whole;
(c) where we believe that we may be exposed to a risk of any liability by posting such information;
(d) where we believe that the information submitted is incorrect in any way.
3. Not a Market or Exchange
3.1 The Bulletin Board is not a market or trading exchange and should not be used as such. The information available via the Bulletin Board is provided for information purposes only and by its nature should only be regarded as providing indicative information.
3.2 Notwithstanding the provisions of clause 3.1, you acknowledge that any information submitted by you may be assumed to be a firm and valid offer or bid (as the case may be) by other users of the Bulletin Board. Accordingly, you hereby undertake to indemnify us for any losses, costs, damages, liabilities and expenses incurred by us as a result of any inaccurate, incomplete or otherwise misleading information submitted by you and provided to us by you and which you knew was either inaccurate, incomplete or misleading information at the time of submission
4. Intellectual Property
4.1 We warrant and represent that all intellectual property rights, including without limitation all copyright and trade marks, in or to the materials and information made available to you through the Bulletin Board are either owned by us or licensed to us by our third party partners. You may only use such information or materials in accordance with these terms and conditions. Except as expressly provided in these terms and conditions, we do not grant any express or implied right to you to use the materials or information made available to you through the Bulletin Board and nothing in these terms and conditions shall be construed as an assignment of any intellectual property rights in or to such materials or information. All our rights are hereby expressly reserved.
4.2You may view and print any materials and information made available to you through the Bulletin Board subject to the following conditions:
(a) the material and information shall not, except with our prior consent, be reproduced or included in any other work or publication in any medium;
(b) the material and information may not, except with our prior consent, be modified or altered in any way;
(c) the material and information may not, except with our prior consent, be distributed or sold to any third party;
(d) you may not remove any copyright or other proprietary notices contained in the material or the information.
5. Warranties and Disclaimers
5.1We obtain all the materials and information provided on the Bulletin Board from third parties and so we are not able to and do not guarantee the accuracy, completeness, currency or reliability of any such materials or information.
6. Limitation of Liability
6.1 Nothing in these terms and conditions shall be construed as an attempt to limit or exclude our liability in respect of:
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
6.2 Subject to clause 6.1, you agree that we shall not, except if any losses, claims or damages are as a result of our negligence, wilful default or fraud, be liable for:
(a) any direct loss, claim or damage;
(b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(c) any loss of profit (whether direct or indirect),
whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(d) any use of this Bulletin Board or its contents;
(e) any failure or delay in the use of any component of the Bulletin Board including, without limitation, any unavailability of the Bulletin Board irrespective of duration of any period of unavailability; or
(f) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Bulletin Board,
in all cases even if we have been forewarned of the possibility of such loss or damage.
7. Termination
We may remove the Bulletin Board or terminate your access to the Bulletin Board at any time in our sole discretion for any reason whatsoever, it being understood however that we shall give you as much prior notice as we reasonably can of such decision and will attempt to ensure there is at least 2 working days prior written notice of such decision together with our reason for such decision. You shall have the right to terminate your access to the Bulletin Board by notifying us in writing at any time and such termination shall be without any liability on your part.
8. No Waiver
8.1 Any failure or delay by us to enforce any of our rights under these terms and conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
9. Governing Law & Jurisdiction
9.1This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
10. Amendments
Any amendments to the above terms and conditions shall be notified by us to you in writing at least 30 calendar days before they become effective. For the avoidance of any doubt, should we request any fee or charges in the future with respect to the use of the Bulletin Board, we shall give you at least 60 calendar days prior written notice.
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