Terms and Conditions of Use of the metalriskmanager.com™ website
These terms and conditions detail how the metalriskmanager.com™ website (the
"Website") can be used. If you use the Website you agree to be bound by these terms
and conditions.
GENERAL
Definitions
In these terms and conditions, "we" "us" "our" and "Meriman" mean Meriman Limited
(company no: 6963895) whose registered office is at Lygon House, Bromley, BR1 3RA,
England and its trading website metalriskmanager.com™
"You" refers to any user of the Website
1. Access to the Website and content
We will endeavour to allow uninterrupted access to the Website, but access to the
Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice
any information or product on the Website from time to time.
We assume no responsibility for the content or products of any other websites to
or from which the Website has links.
2. Our product
We grant you a non-exclusive, revocable, non-transferable licence to use the software
on our server including use of information from the websites of third party providers
as permitted by use of our product.
Using metalriskmanager.com allows you to access software on our server which you
are licensed to use (as set out in clause 6) to obtain information held on our website
or from the websites of third party providers. When you use the product, you may
cause our software to send a request to the third party providers for information
regarding current and or historical pricing.
3. Intellectual Property
The copyright and all other intellectual property rights in the material contained
in the Website, together with the website design, text and graphics, and their selection
and arrangement, database rights, and all software compilations, underlying source
code and software (including applets) belongs to us or our licensors. All rights
are reserved. None of this material may be reproduced or redistributed without our
prior written permission.
All rights in metalriskmanager.com™ are owned by Meriman Limited. Other product
and company names mentioned on this Website are the trademarks or registered trademarks
of their respective owners. You shall retain ownership of the data you submit to
the Website.
4. Exclusions of liability
We use reasonable endeavours to ensure that the data, material and information on
the Website are accurate and to correct any errors or omissions as soon as practicable
after being notified of them. However, we are not responsible if the data, material
and information on the Website is inaccurate or if there are any errors or omissions
in the data, material and information.
We monitor, material and information submitted or provided by third parties which
is included on the Website, but such information may be inaccurate, incomplete or
out of date. We are not responsible for any data, material or information included
on the Website which has been provided by third parties.
We do not give any warranty that the Website, nor any electronic communication from
us, is free from viruses or anything else which may have a harmful effect on any
technology, although we do carry out reasonable precautions and checks in this respect.
We are not responsible for any losses or damages arising from an inability to access
the Website, from any use of the Website or from reliance on the data transmitted
using the Website where such losses or damages are caused by any event beyond our
reasonable control including as a result of the nature of electronic transmission
of data over the internet.
We are not responsible or liable for any indirect losses or damages suffered or
incurred by you or for any losses or damages suffered or incurred by you when you
accessed or used the Website.
The contract is not intended to confer rights or benefit on, nor be enforceable
by a third party as defined under the Contract (Rights of Third Parties) Act 1999.
5. Exclusion of liability for Choice of Services
You can apply for and buy a number of services via the Website. You should satisfy
yourself that you wish to purchase those services before contracting.
6. Your obligations
You warrant that you have taken all reasonable precautions to ensure that any data
you submit to the Website is true and accurate, free from viruses and anything else
which may have a contaminating or destructive effect on any part of the Website
or any other technology.
You acknowledge and agree that you may be required to complete a registration process.
This includes the creation of a password in order for you to access your mymetalriskmanager
account; a product on this site you may register to save and to store personal data.
You warrant that all information provided on registration of mymetalriskmanager
and otherwise provided by you on this site shall be true, complete and accurate.
You agree to immediately inform us if your information changes.
Any password allocated to, or created by you to enable you to use the products provided
by this site shall be kept strictly confidential by you. You agree to keep this
password safe and not to disclose it to anyone. You agree to immediately notify
us if any unauthorised third party becomes aware of that password. You agree that
any person to whom your [username or password] is disclosed is authorised to act
as your agent on this site. You agree to take all steps necessary to prevent unauthorised
access to your mymetalriskmanager account via any computer used to access your account.
Barring from Site: We reserve the right to bar you from the Website on a permanent
or temporary basis at our discretion. You shall be notified and must not then attempt
to use the Site under any other name or through any other user.
Age Restriction: Access is not permitted for any person under the age of 18 years
or the age of majority in the country in which they are resident.
7. Support
First line support is by email to our customer support team support@metalriskmanager.com
where we will reply within one business day. Any further telephone correspondence
that you make to our customer support desk may be monitored or recorded. This will
help us to train our staff and improve our service. A recording will only be used
under proper and careful supervision.
8. Complaints
Our aim is at all times to provide you with an excellent service. However, if you
are unhappy for any reason, please contact our Customer support Team, by email at
support@metalriskmanager.com
We will acknowledge receipt of your complaint, in writing, within 5 business days
and we will inform you of the name or job title of the individual handling the complaint
(together with details of our internal complaint handling procedures). We may combine
the acknowledgement of the complaint with our final response, but in any event we
aim to resolve complaints at the earliest opportunity.
Payment
You shall pay any registration fees and/or other charges incurred by you in accordance
with the payment provisions set out on the Website from time to time. Full payment
for products where required on the metalriskmanager.com website should be made at
the time of booking, in the secure area of the Website. Payment methods other than
those stated on the Website will not be accepted. You will be informed of such charges
before they are incurred.
Security: Meriman uses Pay Pal's secure site for all debit and credit card authorisations
and transactions.
9. Data protection
We are committed to protecting your privacy. Our privacy practices are set out in
our Privacy Policy We may disclose your details or access your account if required
to do so by law, the Office of Fair Trading or any other applicable regulator, compliance
monitor, Governmental or law enforcement agency.
10. Termination
We may terminate or suspend your access to the Website and the products within it
at any time. All disclaimers, indemnities and exclusions in these terms and conditions
shall survive termination of the agreement between us for any reason.
11. General
If any provision of this agreement is held to be unlawful, invalid or unenforceable,
that provision shall be deemed severed and where capable the validity and enforceability
of the remaining provisions of this agreement shall not be affected.
If we fail to enforce a right under this agreement, that failure will not prevent
us from enforcing other rights, or the same type of right on a later occasion.
We may modify these terms and conditions at any time. Your continued use of the
Website signifies your acceptance of such modifications.
Except as set out below in this clause, neither party may assign or transfer any
of its rights under these terms and conditions without the prior written consent
of the other.
We may assign or transfer our rights under this agreement pursuant to a re-organisation
of trade or share sale, or to any company in the Meriman Limited group of companies
for our convenience.
Unless expressly provided in this agreement, no term of this agreement is enforceable
pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is
not a party to it.
Any formal legal notices should be sent to Meriman at our registered office address
by e-mail confirmed by post. Failure by Meriman to enforce a right does not result
in waiver of such right.
Governing law
English law shall apply to these terms and the relationship with you, notwithstanding
the jurisdiction where you are based. The parties irrevocably agree that the courts
of England shall have exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these Terms or the legal relationship established
by them, and for those purposes irrevocably submit all disputes to the jurisdiction
of the English courts. The place of performance shall be England.
GUIDANCE NOTES
The following section forms part of the terms and conditions
12. Services
The services s displayed on the Website are examples of services currently available.
Nothing in these terms and conditions constitutes advice or a recommendation to
undertake a particular hedging strategy.