TORUS ENERGY PTE. LTD.
Effective Date: 01.10.2020
1.1. You hereby represent and warrant that:
1.1.1. you have read and agree to these Terms;
1.1.2. you have the necessary legal capacity, right, power and authority to agree to these Terms;
1.1.3. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting, and such entity agrees to be bound by these Terms; and
1.1.4. all information provided by you to us (including, without limitation, personal particulars and contact information) is accurate and complete.
1.2. You hereby agree to:
1.2.1. comply with these Terms, and such other notices or guidelines that may be posted on the Site by TEPL from time to time (which are hereby incorporated by reference into these Terms); and
1.2.2. not use any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law.
1.3. We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.
1.4. We may from time to time vary or amend these Terms without notice to you by posting the amended Terms on this Site. Please review these Terms periodically to ensure that you understand all the terms and conditions that apply to your access to and use of the Site. Any use of the Site after the amendment of these Terms will be deemed to be acceptance of the amended Terms by you. If you do not agree to the amended Terms, you should discontinue using the Site.
2.1. The following is a non-exhaustive list of defined words and phrases that are used frequently throughout these Terms:
means all information including material, news, advertisements, listings, data, input, text, audio, video, graphics, software, blogs, brochures, broadcasts, messages, comments, suggestions, ideas and other content of TEPL that is made available or displayed on, or otherwise provided in connection with, this Site;
means your computer, notebook computer, personal digital assistant, mobile phone or any other electronic device used to access this Site;
refers to data or information about you from which you can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access;
means all User Content which is not created, transmitted, posted or uploaded by you;
means products and services of third-parties, including other users, advertised on or available at the Site or other websites linked from the Site;
is defined in Clause 6.1; and
means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2. The words “include” and “including” shall not be construed as having any limiting effect.
2.3. Headings in this Terms do not have any legal effect nor shall they affect the construction of the Terms herein in any way.
3. USE OF SITE AND CONTENT
3.1. TEPL owns and maintains the Site.
3.2. You agree not to reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, share, sell, trade or exploit for any commercial or other purposes, any part of, or any access to:
3.2.1. the Site;
3.2.2.any of TEPL’s Content except, to the extent permitted, with the prior written consent of TEPL or unless expressly permitted in these Terms; or
3.2.3. any Third-Party Content except, to the extent permitted, with the prior written consent of TEPL and/or the owner or licensee of such specific Third-Party Content.
3.3. You agree not to reproduce, display or otherwise provide access to the Content or Third-Party Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All copyright, patents, trademarks, registered designs, and all intellectual property rights in the Site, and all Content, including without limitation, copyright in the compilation of all User Content, whether registered or not, are protected by law and owned by or licensed to TEPL.
4.2. You acknowledge that you have no right, title, interest in and to any and all intellectual property rights in the Site and the Content and you agree not to challenge the validity of our ownership of or rights to the intellectual property rights in the Site and the Content. You shall not reproduce, republish, distribute, copy, imitate, appropriate, display, modify to create derivative works or otherwise exploit any content of our intellectual property rights in the Site and the Content in any way without our prior written consent, which may be withheld for any or no reason.
4.3. None of the information on our Site is to be interpreted as granting a license or permission to use our intellectual property rights in the Site and the Content (including any trademarks or logo of TEPL). TEPL will aggressively enforce our intellectual property rights to the fullest extent possible.
4.4. The domain name on which the Site is hosted is the sole property of TEPL and you may not use or otherwise adopt a similar name for your own use.
5. DISCLAIMERS & LIMITATION OF LIABILITY
5.1. While we endeavour to ensure the accuracy of the Content displayed on the Site, we provide the Content for informative purposes and on an ‘as is’, ‘as available’ basis only, and without warranties of any kind either express or implied.
5.2. To the fullest extent permissible under applicable law, TEPL disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.
5.3. We may provide you with news, information and/or any other content concerning trends, current affairs and/or any other information that we deem to be of interest to you. Such content is provided for your general information only, and does not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice.
5.4. You acknowledge and agree that TEPL does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third-Party Products, and we hereby expressly disclaim all liability and responsibility arising in relation to any Third-Party Products whether available or advertised via the Site or on Third-Party Sites.
5.5. You agree that all statements, offers, information, opinions, materials, User Content, and Third-Party Products, from other users and from advertisers and other third-parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and TEPL shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
5.6. To the maximum extent permitted by applicable law, TEPL shall not be liable to you for any damages (including indirect, special, consequential, or incidental damages), losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Content, User Content, Third-Party Products, any Device, the Site, or any other website.
5.7. To the maximum extent permitted by applicable law, TEPL disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
6. THIRD-PARTY SITES
6.2. TEPL has no control over, and is not responsible for the content on the Third-Party Sites or for any damage you may incur from the Third-Party Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Third-Party Sites) or the availability of any content on the Third-Party Sites, and you hereby irrevocably waive any claim against us with respect to the Third-Party Sites.
7.1. You agree to indemnify and hold TEPL and its respective officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third-parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
7.1.1. your use of, or conduct in connection with, the Site;
7.1.2. your breach of any of these Terms; or
7.1.3. your violation of any applicable law or the rights (including, without limitation, intellectual property rights and privacy rights) of another person or entity.
7.2. The indemnity in Clause 7.1 of these Terms is in addition to any other right TEPL and its respective officers, agents, partners, and employees may have (whether expressly provided as between you and TEPL or implied by law).
8. PERSONAL DATA AND COOKIES
8.1. TEPL will use reasonable efforts to maintain the security of Personal Data relating to you and/or provided by you in the course of using and accessing the Site. Notwithstanding the foregoing, TEPL cannot guarantee the security of your Personal Data because it may be lost during transmission, or changed, or accessed by unauthorised third parties despite reasonable efforts by TEPL.
8.2. When visiting our Site, information can be stored on your Device in the form of Cookies. Such Cookies are used to store or access information on your Device to help us understand the performance of the Site and to personalise your experience while browsing our Site.
8.3. By continuing to use our Site you are agreeing to our placing Cookies on your Device in order to analyse the way you use our Site. You may choose not to accept these Cookies in your browser settings, but please note that several functions may then not be available for your use.
9.1. You agree that TEPL has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site, without assigning any reason.
9.2. Certain sections of the Site may be made available to qualified investors only and TEPL reserves the right to request whatever information it deems necessary in order to determine whether such section of the Site may be made accessible to you.
10.1. If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision shall be deemed to be deleted.
Rights of Third-Parties
10.2. Save as otherwise provided in these Terms, no one other than a party to these Terms shall have any right to enforce these Terms.
10.3. No waiver of any rights or remedies by TEPL shall be effective unless made in writing and signed by an authorised representative of TEPL.
10.4. A failure by TEPL to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
10.5. You may not assign, novate or transfer any of your rights or obligations under these Terms without prior written consent from TEPL, including by operation of law or in connection with any change of control. TEPL may assign, novate or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or without obtaining your consent or approval.
10.6. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between TEPL and you regarding the access and/or use of the Site.
10.7. The governing language of these Terms is English. Any other language translation, if provided, is provided for convenience only.