1.3. Websites include www.petrospot.com, www.bunkerspot.com and subscription services available for registered users, including all content supplied to and displayed on the Bunkerspot Price Index ("Sites" or "Site").
1.4. Please read these Terms carefully. Each time you access a Site, these Terms will be applicable.
1.6. You may access a Site as follows: (a) if you go through a registration process on that Site, as a registered user or; (b) as a subscriber to our subscription services which we offer or may offer in the future; or (c) by accessing the Site without registration or subscription under (a) or (b), (as a "visitor").
1.7. Some areas on a Site may only be available to registered users or subscribers.
1.8. A Site may be supported by sponsoring organisations and advertisers (the "Sponsors") whose names appear on the Site and whose own websites may be accessed by Internet links from that Site.
2.1. "you/your" means (as appropriate), the visitor, registered user and/or subscriber accessing a Site or using a Service.
2.2. "we/us/our" means Petrospot Limited and its associated companies.
2.3. "Services" means the on-line information and other services provided by us solely to registered users and/or subscribers, as described on the relevant Site when you register and/or subscribe in accordance with Clause 7 below.
3. Intellectual Property
3.1. Except where expressly stated to the contrary, copyright in the text, graphics and information contained on the Sites and other intellectual property rights are owned by us. We and our licensees reserve all intellectual property rights in and to the Sites, and their content including any material e-mailed to you or otherwise supplied to you by us through subscription and/or registration service (content of the Sites and material e-mailed to you is referred to collectively as "the Content").
3.2. You agree to abide by all applicable copyright, intellectual property and other laws, as well as the terms of any additional copyright notices or restrictions contained on the Sites or in these Terms.
3.3. Except as set out in clauses 4.1 and 4.2, you may not use or reproduce or allow anyone to use or reproduce the Content, or any design features (including copying or otherwise using any software or web design) for any reason without our prior written permission.
4. Use of the Content
4.1. You agree to use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with our business.
4.2. Subject to the above, you may print, copy, download and store the Content in electronic or paper form for your own personal, non-commercial use providing that the Site is acknowledged as the source on your copy. In addition, you must not alter the context of the Content. You may not sell or re-sell any information reproduced to any third party without our prior written consent.
4.4. If it is brought to our attention that you have sold, published, distributed, retransmitted or otherwise provided access to any article(s) from the Content to anyone without our express prior written permission, we will invoice you for copyright abuse damages of $2394.90 per article unless you can show that you have not breached any copyright, which will be payable immediately on receipt of the invoice.
4.5. You agree and acknowledge that you shall not use or otherwise exploit any of the Content including without limitation the following: (a) reproduce or store in or transmit to any other web site, web address, server or other storage device connected to a network or otherwise regularly and/or systematically store in any form, all or any part of the Content, or (b) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit all or any part of the Content without our prior written consent, or (c) remove the copyright or trade mark notice from any copies of the Content made under the Terms
5. Representations, Warranties and Undertakings
5.1. You represent and warrant that: (a) you have the capacity to agree to these Terms; and (b) you are at least eighteen (18) years of age.
5.2. You undertake that: (a) you will not infringe the copyright or any other intellectual property or other rights in or relating to the Site or the Services or of any third party; (b) you will comply fully with the Terms; (c) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software which is proprietary to us or any of our third party licensors.
5.3. You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.
5.4. Content is provided 'as is' and 'as available'; it is provided by us in good faith, however we provide no warranties either express or implied, in respect of the adequacy, accuracy or completeness of the Content, the Sites, the Subscription Services and any other materials or services available through this website.
5.5. We do not warrant that the Content or this website shall be error or virus free.
5.6. The Content is not intended to constitute advice and you should not rely on it as such.
5.7. Neither we nor any third party shall be liable to you or to any third party for any loss or damage, whether direct, indirect or consequential, including without limitation loss of or damage to profits, sales, business, software or data, hardware, reputation, opportunity, savings or time however and whenever such loss and/or damage arises.
5.8. The Sites contain advertising material submitted by third parties. The individual third party advertisers are solely responsible for ensuring that any advertising material included on this website complies with applicable laws and regulations. We are not responsible for content of any advertising material or for any inaccuracy, error or omission therein.
5.9. We do not accept any liability in connection with any linked third party website that can be accessed through the Sites and do not endorse or approve the contents of any such site neither can we guarantee that these links will work all of the time.
5.10. Nothing in the Terms shall exclude our liability for death or personal injury resulting from our negligence.
5.11. All warranties, conditions, terms, undertakings and obligations not expressly set out herein are excluded from the Terms and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise are also excluded to the fullest extent permitted by law.
5.12. If requested by us, you agree to defend, indemnify and hold us harmless from any and all claims and expenses, including reasonable legal fees and expenses related to any breach by you of the Terms.
6. RSS (Really Simple Syndication)
6.1. The website RSS Twitter feed allows you to keep up to date with the latest news developments.
6.2. If you would like to use our RSS feeds, we hereby grant you a non-transferable, non-sub-licensable, non-exclusive licence to display on your website the headlines, active links or other sources identifiers and other information or materials that you specifically select to receive from us.
6.3. You must ensure that the proper format and attribution is used when Bunkerspot content appears. The attribution text should read "Bunkerspot News" or "From Bunkerspot News", as appropriate. You may not use any Bunkerspot logos or other Bunkerspot trademarks.
6.4. You may not charge users of your website for accessing Bunkerspot News content.
6.5. You may not suggest any endorsement or approval by us of your website or any of its content.
6.7. We reserve the right to prevent the distribution of Bunkerspot News content.
7. Subscription Service
7.1. Bunkerspot subscription service allows registered users to access our information service from time to time relating to the bunkering industry, including bunker prices, daily news (the "Subscription Service").
7.2. We charge a fee for access to and use of the Subscription Services. Content of the various subscription packages and fees for these can be viewed on each website.
7.3. Access to the Subscription Service is via a user name and password, which is personal to each user. You must choose a password and provide some additional personal information including your current e-mail address in order to register for the Subscription Service, which will be verified before access is granted. If you do not provide accurate and complete registration information, we may not be able to provide the products or services that you request or that are suitable to you.
7.4. Access to and use of the Subscription Service is restricted only to registered users who are only entitled to use the Subscription Service exclusively for their own internal business purposes. You agree and acknowledge that you shall not in any event share your username and/or password with any other person or organisation. You may not give, sell or otherwise make available the whole or any part of the information accessible through Subscription Service. Failure to comply with this clause may result in your subscription being terminated immediately.
7.5. Following your registration for use of the Subscription Service, you are responsible for payment of the annual subscription fee (where applicable) associated with your user name and password and for updating and maintaining your registration details. You may renew your subscription by contacting us at any time.
7.6. Refunds may be given at the discretion of management.
8. Links to external sites and third party services
8.1 A Site or a Service may contain: (a) links to other websites provided by Sponsors or other third parties ("External Sites"). We shall endeavor to highlight such links although some External Sites may be co-branded with ours; and/or (b) advertisements for, and/or the opportunity for you to purchase products or services from third parties or other group companies, and/or links to External Sites advertising and/or providing the opportunity for you to purchase such products or services ("Third Party Services"). Any discussions or contracts relating to Third Party Services will be exclusively between you and the relevant third party.
8.2 The content of External Sites and Third Party Services are not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of External Sites or Third Party Services. We do not (a) make any warranty, express or implied, with respect to the use of the links, (b) guarantee the accuracy, completeness, usefulness or adequacy of External Sites or Third Party Services, (c) make any endorsement, express or implied, of any External Sites or Third Party Services.
8.3 Your correspondence with, or participation in promotions of third party advertisers for or providers of Third Party Services, including payment for and delivery of Third Party Services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such third parties. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or purchase or as the result of the presence of such third parties on any Site.
9.1 We will not share your personal information with other suppliers or service providers without your consent.
10. Changes to the Terms
10.1 You acknowledge that we may amend the Terms from time to time. We will notify you of the changes by publishing the new Terms on the Site and material changes will be emailed to our registered users and subscribers. It is your responsibility to refer regularly to these Terms and note the additions and changes. They will come into effect immediately on being posted on this Site. You shall be deemed to have accepted the new Terms and shall be bound by them on accessing any of the Sites after we will have published our new Terms.
11. Term and Termination
11.1 With the exception of paid areas to our Sites and Services where a subscriber loses access on expiration of their subscription, use of and access to the Sites and Services is not subject to any particular time limits.
11.2. As a visitor, you may terminate these Terms by simply discontinuing your use of the Site.
11.3. We shall from time to time review your use of the Subscription Service. If we will have reasonable grounds to believe that you are in breach of any of the Terms we may terminate your access to the Subscription Service immediately by withdrawing access to the Site.
11.4. If we terminate your use of any Site and/or Services in accordance with Clause 11.3, you will not be entitled to receive a refund of any credits that remain unused at the time of termination.
11.5. Termination of these Terms shall not affect a party's accrued rights and obligations that may have arisen on or before the date of termination, including, but not limited to, the payment of any sums outstanding under these Terms at the date of termination, which sums shall be payable on the due date under these Terms or within fifteen (15) days of such termination, whichever is sooner.
12.1. The Terms and any dispute arising out of or in connection with the Terms shall be governed by and construed in accordance with English law.
12.2. You agree to submit to the non-exclusive jurisdiction of the English courts.
13.1. If any provision of the Terms is held for any reason to be invalid, unlawful or unenforceable by a court of competent jurisdiction or other competent authority, then such provision shall be treated as severed from the Terms and shall not affect the validity or enforceability of any other provision of the Terms or of the remainder of the Terms as a whole.
13.2. We shall not be liable to you for any delay, interruption or failure of the Sites or in the delivery of Content to you resulting directly or indirectly from circumstances beyond our control, including without limitation problems with equipment or communication lines, connectivity, computer viruses, unauthorised access, theft, operator errors, act of God, strikes, wars, or government restrictions.
13.3. In the event we are hindered or prevented, we shall take reasonable steps to give notice of suspension as soon as reasonably possible to subscribers and registered users stating the date and extent of the suspension and its cause. We shall resume the performance of those obligations that have been suspended as soon as possible after the removal of the cause.
13.4. Your agreement to the Terms is personal to you and you may not assign or sub-license any of your rights or obligations set out in the Terms to any other person without obtaining our prior written consent.
13.5. We may assign this agreement or any part of it or sub-contract the performance of any of our obligations under the Terms on giving you a notice by e-mail.
13.6. Our omission to exercise any right under the Terms shall not constitute a waiver of any such right unless expressly accepted by us in writing.
13.7. The Terms comprise the entire agreement between you and us relating to the subject matter hereof, to the exclusion of all other terms, conditions, prior or collateral agreements, negotiations, notices of intention, promises, warranties, undertakings and representations (collectively "Representations") other than those Representations expressly included in the Terms.
13.8. You confirm that you have not been induced to agree to the Terms on the basis of any Representations other than those expressly included in the Terms.
13.9. Any notice which is required to be given pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site.
13.10. Headings in these Terms are for convenience only and will have no legal meaning or effect.