COMMODITIES INTELLIGENCE CENTRE PTE. LTD. WEBSITE - TERMS & CONDITIONS OF WEBSITE USE

release time:2018-11-09


 

 These terms and conditions of website use (“Terms of Use”) (together with our Privacy Policy https://www.cic-tp.com/, and any other documents referred to in them) govern your use of and access to our website at https://www.cic-tp.com/(“our Website”) and the Services (as defined below) provided therein, whether as a guest or a registered member.

Commodities Intelligence Centre Pte. Ltd. (“CIC”) is a company incorporated in Singapore, whose registered office is at 501 Orchard Road, #19-01, Wheelock Place, Singapore 238880, referred to as “we” or “us” in these Terms of Use.

This Website may be used for informational purposes only. By using our Website or downloading materials from our Website, you accept and agree to be legally bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please refrain from using our Website or downloading materials from our Website.

If you have any comments or questions about these Terms of Use or our Website, please contact us using the details shown in the [Contact Us] page https://www.cic-tp.com.

1.Access to our Website

We provide commodities trading services and information relating to commodities trading (the “Services”) on our Website. Such Services include the use by registered members of the electronic trading platform (“Platform”) operated and maintained by us which facilitates the making, viewing, selection and acceptance of bids and offers for the physical sale and purchase of various commodities. All Services and trading activities shall be conducted in accordance with these Terms of Use and other applicable agreements including but not limited to the Platform Agreement https://www.cic-tp.com.

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to or use of our Website for any reason without notice. We will not be liable to you or any third party if for any reason our Website is unavailable at any time or for any period.

2.Membership

Some pages of this Website are open to all users and may be browsed by any visitor. However, access to and use of password-protected and/or secure areas (including but not limited to the use of the Platform) of the Website is restricted to registered members only. You may not obtain or attempt to obtain unauthorized access to such parts of the Website, or to any other protected information, through any means not intentionally made available by us for your specific use.

To be a registered member of the Website (“Member”), you must provide all information required (including but not limited to identity verification documents and/or relevant corporate documents) in the registration form on the Website (the “Application Information”) and agree to the terms of the Platform Agreement. We will take reasonable endeavors to protect the confidentiality of the Application Information and will only use the Application Information for the purposes of processing your membership application, performing credit risk, know-your-customer, anti-money laundering / countering the financing of terrorism, financial and other relevant risk assessments and checks on you and for providing you with the Services.

When the user account has been verified and approved by us, you will become a Member. Members shall fully cooperate with us (including providing all requested information) to: (i) facilitate our onboarding process with respect to Members; (ii) enable us to comply with all applicable laws, regulations and other requirements (including ‘know-your-client’, anti-money laundering and countering the financing of terrorism laws, regulations and requirements); (iii) and enable us to comply with requests by any regulator and/or its obligations under these Terms of Use, the Platform Agreement, https://www.cic-tp.com  and/or any term and conditions applicable to the Website and/or the Services.

Your account is not transferable and may not be assigned to any third party. You are responsible for maintaining the confidentiality of your user account ID and password, and are fully responsible for all activities that occur under your account whether or not actually or expressly authorized and/or used by you. You agree to immediately notify us if any unauthorized third party has access to your user account ID or password or if there is any unauthorized use of your account or any breach of security known to you.

You agree to: (a) provide true, accurate, current and complete information about yourself and/or your company as described in the registration form on the Website; and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any part thereof).

3.Your use of our Website

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

(a) in any way that breaches any applicable law, regulation or code of practice;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way;

(d) to send, knowingly receive, upload, download, use or re-use any material which:

(i) is defamatory, obscene, hateful, discriminatory or inflammatory;

(ii) promotes violence, discrimination or illegal activity; or

(iii) infringes any Intellectual Property Rights (as defined below), right of confidentiality or right to privacy;

(e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

(f) to generate and/or cause congestion to our network traffic in excess of reasonable and normal usage;

(g) to cause any disruption, interference, interruption or degradation in our network and/or our Website; or

(h) to knowingly transmit any data, send or upload any material that contains any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code.

You also agree:

(a) not to reproduce, duplicate, copy or re-sell the entire or any part of our Website in contravention of these Terms of Use; and

(b) not to access without authority, interfere with, damage or disrupt:

(i) any part of our Website;

(ii) any equipment or network on which our Website is stored;

(iii) any software used in the provision of our Website; or

(iv) any equipment, network or software owned or used by any third party in connection with your use of our Website.

From time to time, we may without penalty or liability, restrict access to some parts of our Website, or our entire Website, to users who have registered with us, at our sole and absolute discretion and without providing any reasons.

4.Intellectual Property Rights in our Website

We are the owner or the licensee of the copyright and all other Intellectual Property Rights subsisting in our Website and its content. Nothing herein or otherwise shall be construed as an assignment or transfer of our rights in the Intellectual Property Rights subsisting in our Website and its content. All our rights are fully and expressly reserved.

For the avoidance of doubt, “Intellectual Property Rights” mean any copyright, rights in software, rights in databases, patents and rights in inventions, trademarks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world.

You may print off and download extracts from our Website for your own personal non-commercial use provided that (i) you do not modify any of the content; (ii) you do not use any graphics or photographs separately from their accompanying text; and (iii) you do not remove any copyright, trade mark notification or other proprietary notices (including these Terms of Use) from such extracts.

You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

The content available on our Website may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without our prior written consent. You may not, without our prior written consent, insert a hyperlink to our Website (or any part thereof) on any other website or "mirror" or frame any content available on our Website on any other server or website.

No license or right is granted to you, and your access to our Website and/or use of Website, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames or logos appearing on our Website.

If you print off, copy or download any part of our Website or its content in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.Reliance on Information

Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. We do not warrant the accuracy or completeness of any information or materials on our Website or the reliability of any statement or other information displayed or distributed through our Website. We therefore exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents, and you acknowledge that any reliance on any such statement or information shall be at your sole risk.

You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us which is not set out in these Terms of Use, the Privacy Policy or any documents referred to in them. Nothing in this clause shall exclude or limit any liability for fraud or fraudulent misrepresentation.

6.Use of your personal data

We will collect, use, disclose and/or process any personal data we may collect from you in connection with this Website in accordance with our Privacy Policy https://www.cic-tp.com. You acknowledge that you have accessed and read the Privacy Policy and agree to the terms set out in it.

7.Our liability

This Website and the information and content contained on it are provided "as is" without any representation or endorsement made and, to the maximum extent permitted by law, without warranty, representation, guarantee, condition or assurance of any kind whether express or implied (including without limitation any warranty that our Website will be uninterrupted, available, defect-free or error-free, that the information and content contained on it is accurate, complete or of a satisfactory quality, and/or that the content contained on our Website does not infringe the Intellectual Property Rights of any third party).

To the maximum extent permitted by law, we, any of our group companies, officers, directors, employees and shareholders and agents hereby expressly exclude any and all liability for:

(a) any loss, damage or costs, whether direct or indirect, incurred or suffered by you or any third party in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, including but not limited to any pure economic loss; or any loss of or damage to your hardware, data or information;

(b) the content, information and material posted or made available on our Website;

(c) any loss or damage due to any interruption or cessation of transmission of our Website;

(d) any loss or damage due to any bugs, viruses, trojan horses or similar malware which may be transmitted to or through our Website and the information and content contained on it by any third party;

(e) any websites linked to our Website; and

(f) any loss of any business of yours, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time.

This clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

The security of communications sent over the internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.

We shall have no liability for your inability to connect to or to access our Website which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your internet service provider or any other similar problem.

8.Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Website. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms of Use may result in our taking all or any of the following actions:

(a) immediate, temporary or permanent withdrawal of your right to use or access our Website or any part of it;

(b) issue of a warning to you;

(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) incurred or suffered by us resulting from your breach of these Terms of Use;

(d) further legal action against you; and/or

(e) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

9.Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You further agree not to upload or launch any automated systems or software onto or within our Website, such as “robots” or “spiders”. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect or affect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted or otherwise made available on it, or on any website linked to it.

10.Links from our Website

This Website may contain links to other websites and resources operated by third parties or our affiliates. These links are provided for your information only. We have no control over the content of and the information contained in those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Use of such websites is subject to the terms and conditions applicable to and displayed on such websites.

11.Severability

In the event that any of these provisions are found to be or become unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these Terms of Use and shall not affect the legality, validity and enforceability of the remaining provisions of these Terms of Use. These Terms of Use shall continue in force as if such unlawful, invalid or unenforceable provision was severed from these Terms of Use.

12.No Waiver

Any failure or delay by yourself or us in exercising or enforcing any right or remedy contained in these Terms of Use does not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times.

13.Applicable law and Jurisdiction

These Terms of Use and any documents referred to in them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.

our Website or these Terms of Use, although we expressly reserve the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

14.Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website. Your continued access and/or use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.