PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Last Update: January 2022
1. What’s in these terms?
These terms tell you the rules for using our website www.trayport.com (our “Website”).
2. Who are we and how to contact us
3. By using our Website you accept these terms
4. There are other terms that may apply to you
See further under 17. How we may use your personal information
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
5. We may make changes to these terms and to our Website
We amend these terms from time to time. Every time you wish to use our Website, please check these terms, last updated on the date set forth at the beginning of this terms (Last Update), to ensure you understand the terms that apply at that time. We may also update and change our Website from time to time to reflect changes to our products and services, our company, our users’ needs and our business priorities. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. We will try to give you reasonable notice of any major changes.
6. We may suspend or withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8. Our website is only for business users
This Website, its content and any services provided in relation to the same are only targeted to, and intended for use by businesses. By continuing to access, view or make use of this Website and any related content and services, you hereby warrant and represent to us that you are not using our Website for domestic and private use. If you are using our Website for domestic or private use, you must immediately discontinue use of this Website and any related content and services.
9. You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
10. How you may use material on our Website
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. If you have any questions to the aforementioned please contact us at firstname.lastname@example.org.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our Website for commercial purposes (including, but not limited to, Equilla code, workspaces and symbol lists) without obtaining a licence to do so from us or our licensors.
11. No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
12. Do not rely on information on this Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely, including, but not limited to, financial or investment advice.
We have developed certain software applications and applications which we make available to subscribers via the Internet on a pay per month per use basis for the purpose of trading commodities. We do not arrange investments. Any trading activities is conducted through and/or with the specific trading venues and not with us. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
13. We are not responsible for Websites we link to
Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them. We have no control over the contents of those Websites or resources.
14. User-generated content is not approved by us
This Website may include information and materials uploaded by other users of the Website, including to the Website blog, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
15. How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us on email@example.com.
16. Our responsibility for loss or damage suffered by you using our Website
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any software, products or services to you, which will be set out in a separate agreement.
If you are a business user of our Website:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it; or
- use of or reliance on any content displayed on our Website; or
- use of or reliance on any content of websites linked on our Website; or
- use of or reliance on any content of websites linking to our Website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user of our Website, who has used this Website in breach of clause 8 (Our Website is only for BUSINESS users)
- Please note that if you are a consumer user we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to configure your information technology, computer programmes and platform to access our Website and to use your own virus protection software
17. How we may use your personal information
18. Uploading content to our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our Website] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content
19. Rights you are giving us to use material you upload
When you upload or post content to our Website, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media including to promote the Website or the service; and
a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Website.
20. We are not responsible for viruses and you must not introduce them
Although we take reasonable precautions to ensure no viruses are present in our Website, we do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised 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. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 such a breach, your right to use our Website will cease immediately.
21. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any Website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
22. Which country’s laws apply to any disputes?
23. Our trade marks are registered
“Trayport”, “Joule”, “Tradesignal” and the Tradesignal logo are registered trademarks of Trayport. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our Website .