DBX Commodities Limited is a company incorporated in England and Wales under company number 13056041, with its registered office at 83 Cambridge Street, Pimlico, SW1V 4PS, London, England and with VAT number GB 310 7610 46 (“DBX“). DBX operates the website: www.drybulkx.com (the “Website“).
1. Understanding These Terms of Use
1.1 These terms of use (these “Terms“) describe how you may access and use the Website.
1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms, when we refer to “we“, “us” or “our“, we mean DBX; and when we refer to “you” or “your” we mean the person accessing or using the Website.
1.4 Please note, however, that certain functions made available on the Website are governed by additional terms and conditions, including any use of our online dry bulks analytics platform, which is governed by our Platform Agreement (the “Platform Agreement“), including any terms and conditions applicable to a free trial of the platform (the “Trial T&Cs“).
1.5 In addition to clause 1.4 above, please note that:
1.5.1 the Website uses cookies, the use of which are governed by our cookies policy (available here);
1.5.2 and we only use your personal information in accordance with our privacy policy (available here).
2. The Website
2.1 Subject to clause 1.4, the Website is made available free of charge. We do not guarantee that the 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, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3. Acceptable Use
General
3.1 You agree not to:
3.1.1 use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
3.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
3.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
Viruses
3.2 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
3.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 the Website will cease immediately.
4. Intellectual Property
4.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the DBX name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
4.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms (unless expressly authorised to do so under the Platform Agreement or Trial T&Cs). You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
4.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (unless expressly authorised to do so under the Platform Agreement or Trial T&Cs).
4.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
5. Our Liability
5.1 Nothing in these Terms excludes or limits our liability for:
5.1.1 death or personal injury caused by our negligence;
5.1.2 fraud or fraudulent misrepresentation; and
5.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
5.2 We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you are a business
5.3 If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 6.1:
5.3.1 in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
5.3.2 our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
5.4 You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.
If you are a business
5.5 If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, save as set out in clause 6.1, the following sub-clauses shall apply.
5.5.1 Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
5.5.2 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
5.5.3 We only supply the Website to you for domestic and private use. You agree not to use the Website, or any content on the 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
6. Suspension and Termination
6.1 If you breach any of these Terms or any terms of any Platform Agreement or Trial T&Cs applicable to you, we may immediately do any or all of the following (without limitation):
6.1.1 issue a warning to you;
6.1.2 temporarily or permanently remove any content uploaded by you to the Website;
6.1.3 temporarily or permanently withdraw your right to use the Website;
6.1.4 suspend or terminate your Account;
6.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
6.1.6 take further legal action against you; and/or
6.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
7. Changes to these terms
7.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.
8. Other Important Information
8.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
8.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
9. Governing Law and Jurisdiction
If you are a business
9.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
9.2 The courts of England and Wales will have exclusive jurisdiction over any disputes between us (including non-contractual disputes or claims).
If you are a consumer
9.3 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
9.4 You may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.
9.5 As a consumer, if you are resident in the European Union and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.3, affects your rights as a consumer to rely on such mandatory provisions of local law.
10. Contacting Us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: 1 Fore Street, London EC2Y 9DT, United Kingdom
Email: info@drybulkx.com
Telephone number: +44 (0) 203 950 0647