TERMS OF USE
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We, EURASIA CARBON. (“our Company”) thank you for visiting our website www.eurasiacarbon.co.uk (“Website”) and/or downloading our associated mobile application (“App”) (Website and App being collectively referred to hereinafter as “our Site”). Your terms of use of our Site shall be governed by the terms and conditions as set out herein (“our Terms of Use”) and our Privacy Policy. Accordingly, your use of our Site constitutes your full agreement to our Terms of Use and our Privacy Policy, which shall form a legally binding and enforceable contract between you and our Company (“Agreement”). If you do not accept any provision in our Terms of Use or our Privacy Policy, please immediately cease all usage of our Site, and notify us to discontinue any Updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use as follows:-
1. Updates to our Terms of Use
1.1 You agree that it is your responsibility to regularly check our Terms of Use avail-able at Our Policy Page to keep yourself updated of any changes or modifica-tions.
1.2 You agree that our Terms of Use may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site following any such changes constitutes your agreement to be bound by our amended Terms of Use which is accessible at all times, and should be reviewed by you regularly, at Our Policy Page
2. Our Site Content
2.1 No information on our Site, our summaries or extracts or updates of news (“News”), or our newsletters, marketing materials, promotional updates, App messages, or other email updates (collectively including News, shall be referred to hereinafter as our “Updates”) which you may have viewed, subscribed to or downloaded via our Site, constitutes financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.
2.2 The content on our Site and Updates are meant to provide information regarding our Company, our products, our services, commodities trading, news that may have an impact on commodities trading and prices, and other associated matters, which includes News on topics which you have indicated your interest in to the Company whether via the Site or other channels. The aforesaid information constitutes general knowledge only not meant for specific reliance for any par-ticular or out-of-the-ordinary purpose by any entity or individual, and therefore in the event that you wish to obtain more information on any of our News, specific product or service, please email us at ali.mellegard@eurasiacarbon.co.uk Neither our Site, nor our Updates, is intended to be a substitute for any financial advice, legal advice, nor any representations by any law firms, trading houses, commodities brokerages, financial institutions, or any licensed financial planners. Should you should require advice on a specific matter, please approach an appropriately qualified entity licensed to practise in the industry in which you require advice, before relying on information, News, or subscribing to or purchasing from our Site.
2.3 For the avoidance of doubt, our Company is a publisher of summarized news de-rived from the news reported by new agencies. Our Company is not a registered commodities trading or investment advisor, and nothing in our Updates or Site is intended, and it should not be construed as, any trading or investment advice. Any written material found on our Site, our App and our Updates, is for in-formational use only, and any mention of a particular commodity, security, index, derivative, or other instrument is neither a recommendation by our Company to buy, sell, or hold that commodity, security, index, derivative, or other instrument, nor does it constitute an opinion of our Company (or of any of its employees, agents or representatives) as to the suitability of that commodity, security, index, derivative or other instrument for any particular purpose. Our Company is not in the business of giving trading or investment advice or advice regarding the per-formance or suitability for any purpose of any commodity, security, index, deriva-tive, other instrument or trading strategy, and nothing in our Updates or the con-tent on our Site should be so used or relied upon.
2.4 Our Site and Updates may contain information on third party products and ser-vices such as the news reports from news agencies upon which our Updates were derived. However, this does not imply any association with or endorsement by such news agencies or any other third parties. The content of such third party services and products as stated on our Site and in our Updates are based on in-formation made publicly available by such third parties, and we therefore make no representations or warranties on the accuracy or updatedness of such third-party service/product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Site and/or our Updates prior to subscribing to, registering an account for, or purchas-ing any such third party products, whether from third party sites or via our Site.
2.5 Any general knowledge, trading information, commodities prices, stock market movements, opinions, articles, FAQs, questions and answers, expressed on our Site, and our Updates are derived from publicly available third party sources, and constitutes the sole discretionary opinion of our Company, and where applicable, third party writers, reviewers, individual contributors from the public, and consult-ants whose names shall be published along with such tips and/or opinions only, and does not represent the opinion of any regulatory bodies or regulated institu-tions (unless otherwise stated).
2.6 Any monetary figures cited in our Updates and on our Site may have been con-verted from local currency to United States Dollars, or from one currency to an-other, using internet currency conversion sites, and such values are therefore subject to change.
2.7 Where the published news from which our News are derived were originally in non-English languages, translations into English as reflected in our News are done using language conversion tools. As such, our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.
2.8 Free weblinks to the original news articles are provided when possible, and all news articles can be translated to other languages using resources readily avail-able on the internet. Although effort is made to ensure the aforesaid news links are active when the News is made available to you via Updates or on our Site, however, such links may expire or subsequently require payment for access. Our Company therefore hereby disclaims any responsibility to provide News or any news summaries for which the link to the source of the news has expired or requires paid access.
2.9 Reviews of our products, services, our Site, our Updates and other matters relat-ed to our Company posted by individuals or third party companies on our Site and our Updates are the personal views of such individuals or third party companies, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness or results of the reviewed products, services or other subject-matter.
2.10 We may make available limited trial services via our Site and/or our Updates. You agree that when you contact us for any such free trial services, it is not guaranteed that such free trial services or certain features thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates or on other third party channels.
2.11 Promotions and discounts as featured on our Site and/or our Updates are for lim-ited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions and/or discounts. Once a promotional period expires, you are no longer eligible to participate in such pro-motions and our Company is not howsoever obligated to provide any such previ-ously offered privileges or discounts to you even if you have contacted our Com-pany with queries during the promotional period.
3. Intellectual Property
3.1 All content, including any write-ups, summaries, extracts, derivations, articles, translations, quotations, diagrams, graphs, charts, layout, photographs and draw-ings, as displayed on our Site, and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), and whether registered or otherwise. You agree there-fore that without our Company’s prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of the content found on our Site, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our content.
3.2 All company names (including our Company’s name and the company names of the any third parties featured on our Site), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the “Branding”) represented on our Site, and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site, and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.
3.3 Certain third party Branding may be featured on our Sites and/or in our Updates to show that such third party products or services are available, and/or that our services/products can be used in conjunction with such third party ser-vices/products. However, this does not imply that our Company is a licensed of-ficial agent, distributor, or re-seller of the aforesaid third party services/products, as certain of such third party services/products may be authentic parallel imports or simply resold by our Company after purchasing from legitimate sources.
4. Third Party Sites and Browsing Experience
4.1 Please note that we do not control any links, services, content, products or re-sources provided by other third parties referenced or linked to our Site, or in our Updates, even if such third party’s website may be co-branded with ours by bear-ing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Site, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.
4.2 You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised access-ing of our Site for the purpose of providing better services and enhancing your browsing experience.
5. Minors
5.1 Our products and services are targeted for adults and business entities. Our Site, and our Updates are therefore not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.
6. Feedback
6.1 In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign all ownership (in-cluding but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.
6.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, of-fensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Com-pany for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions.
7. Disclaimers and Limitation of Liability
7.1 While we have exercised due care in the preparation of all content displayed on our Site, and in our Updates, such content, information and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.
7.2 YOUR USE OF OUR SITE, AND OUR UPDATES IS AT YOUR OWN DISCRE-TION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE) OR RELIABILITY OF OUR SITE, OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
7.3 IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE COR-RECTNESS, THAT ANY ERRORS (WHETHER IN UPDATES OR OUR WEB-SITE OR APP) WILL BE CORRECTED, MERCHANTABLITY, QUALITY, TIME-LINESS OF DELIVERY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC TRADING REQUIREMENTS, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR MAKE PURCHASES VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS AND/OR PURCHASES ARE AT YOUR SOLE RISK.
7.4 IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOSS OF CUSTOMERS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, TRADING LOSSES, LOST DATA, COST OF SERVICING OR REPAIR OF TABLET, SMART PHONES, MOBILE PHONES, COMPUTER OR OTHER EQUIPMENT, SPECIAL DAMAGES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE, OR OUR UPDATES OR OUR SERVICES OR OUR PRODUCTS OR OUR COMPANY’S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR PRIVACY POLICY, WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR INACCURACY IN THE THIRD PARTY NEWS UPON WHICH OUR UPDATES WERE BASED OR OTHERWISE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE SERVICES OR PRODUCTS INTRODUCED OR DESCRIBED HEREIN OUR SITE, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.
7.5 Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, or our Updates, including but not limited to any virus, trojan horse or worm attacks on your tablet, smart phone, or computer.
7.6 In the event that our Company’s liability to you in relation to our Site, Updates, products and/or services featured on our Site and/or Updates, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Company’s services. Accordingly, you agree that upon receipt of S$50 from the Company, you will waive all rights against the Company and will make no further claims whatsoever against the Company.
8. Indemnification
8.1 You agree to indemnify and hold our Company and its shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensors harmless from and against any and all claims (including third party claims for intellectual property infringement due to your breach of Section 3 herein), damages, costs and expenses, including but not limited legal fees and settlement payments on a full indemnity (solicitor-client) basis arising from or related to your breach of any of the provisions herein this Terms of Use, your use of our Site, the terms and conditions of our end-user licence agreement, our Privacy Policy, and/or our Updates.
9. Governing Law and Jurisdiction
9.1 Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.
9.2 In the event of any disputes arising from this Terms of Use, your agreement thereto, and/or your use of our Site, you must first contact our Company’s officer at ali.mellegard@eurasiacarbon.co.uk regarding your dispute, and use your best endeavours to am-icably settle any dispute in good faith. We on our part will also use our best en-deavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.
10. Miscellaneous
10.1 If any provision or clause of our Terms of Use or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of our Terms of Use.
10.2 The failure or delay of our Company at any time to enforce any of its rights here-under our Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.
10.3 A person who is not a party to this Agreement shall have no right under the Con-tracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.