Effective September 1, 2020
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY APPLY TO ALL OF OUR WEBSITE CONTENT, COPYRIGHT MATERIAL AND OTHER INFORMATION AND LINKS ON THIS WEBSITE (“MATERIAL”) AND SERVICES WHICH YOU (AS THE WEBSITE USER) CHOSE TO ACCESS AND/OR SUBSCRIBE TO FROM SPARTA COMMODITIES. THESE TERMS AND CONDITIONS WILL FORM THE AGREEMENT BETWEEN US.
BY CONTINUING TO USE THIS WEBSITE, WHETHER OR NOT YOU CHOSE TO SUBSCRIBE TO USE ANY MATERIAL, YOU AUTOMATICALLY CONSENT AND AGREE TO BE BOUND AS THE USER OR BIND YOUR EMPLOYER/ORGANISATION AS THE USER THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT PROCEED.
IF YOU PROCEED, PLEASE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
1. Three weeks free-trial subscription
- You must complete the subscription details to be able to access and use the Service and the Material available through Sparta Commodities website for a free trial subscription period of 3 (three) weeks (“Free Trial Period”). You warrant that all subscription information will be true and accurate in all material respects and undertake to keep the same updated from time to time. Upon termination of the Free Trial Period, you may choose to continue using the Services and Material available through Sparta Commodities website pursuant to the terms and conditions of Sparta Commodities Subscription Agreement.
- When we receive your completed subscription form, we will email you your unique password and login details. The password and login details will give you access to the Service and Material during the Free Trial Period and shall be automatically extended should you decide to subscribe to Sparta Commodities Services. This is not assignable for any other parties’ use than you as the identified subscriber. You are solely responsible for changing your password regularly and for all use made with it.
2. License to Use the Material
- When you subscribe to use our Service you are granted a license to use any and all Material available from that Service. This is a licensed permission to use the Material upon these terms and conditions only and no title or ownership to that Material passes to you.
- Under such licensed right, you may store and use that Material (as amended by your own skill and judgement as to its suitability for your purpose) for your own personal, lawful use and research or that of your firm or company.
- If you are a professional acting for clients, you may make such Material available to your specific clients who require such Material (but as amended by your own skill and judgement for such clients) PROVIDED you comply strictly with these terms and conditions of use, including but not limited to Condition 4 and d) below.
- You may NOT use any automated systems or software to extract data, information or the Material from this website (“screen scrape”) or use, republish, retransmit, redistribute or otherwise use or make the Material available (in whole or in part, whether combined with any other material or service or not) in hard copy, electronically or any other media (directly or indirectly): (i) to any other party other than as specified herein or (ii) in any newsletter, website, online service or bulletin board of your own or any other party without Sparta Commodities’ express prior written consent. You undertake to indemnify us and our Providers (for their part, if any, of the Material) fully in the event of your contravention of this condition and these terms and conditions.
- Sparta Commodities reserves the right (at its sole discretion and with or without cause) to prohibit any individual, firm, organisation or company from using the Service, the Material or this website and/or terminate your subscription at any time including but not limited to your breach of any of these terms and conditions.
3. Not advice
Nothing in any Material from our Service or on our website constitutes advice of any kind and should not be relied upon as such, nor does your subscription and license to use any such Material, or the transmission, downloading or sending of the Material or any other information via the Service create an professional-client relationship. The Material is compiled by us from many sources which we reasonably believe to be reliable, accurate and up-to-date but you are required to use your own proper, professional skill and judgement or obtain relevant professional advice before acting or relying upon such Material for your own specific circumstances. Proper, specific legal or professional advice is always strongly recommended.
4. Copyright, Trade Mark, Database and other Intellectual Property Rights
- The entire contents of this website, the Service and the Material, including but not limited to our domain names, icons, graphics, logos, layout and multimedia information (“Content”) as well as the material which is available to you through the Service and licensed to you for your use from this or any linked websites (“Material”) are the copyright of Sparta Commodities or such third party a whether their material appears on our website or via a link to/from it (“Provider”).
- Sparta Commodities’ or such Provider’s copyright information must remain on all reproductions of the Material which you license via the Service. If you make any significant amendments to the Material (“significant” being to the extent that is not recognisable as Sparta Commodities/Provider’s Material of which Sparta Commodities/Provider shall be the sole and final judge with respect to their respective Material, you may change “©Copyright Sparta Commodities/Provider. All rights reserved worldwide ” (which appears on the Material) to “Source: www. spartacommodities.com”.
- All trade marks and trade names which are denoted as owned by Sparta Commodities or Provider may only be used in direct association with the Material and our or Provider’s website as specified above. You undertake not to use such trade names or trade marks in association with or as part of your own or any third parties’ trade names or marks nor in any manner which may be misleading, deceptive or disparaging to Sparta Commodities or any of our Providers.
- We assert our database rights, in addition to all other intellectual property rights and such similar rights worldwide to the Material and Content of this website.
5. Service Prices, Payment and Transmission of Material
- You may subscribe to any Service listed on this website for free during the Free Trial Period and thereafter for the price specified only if you are of the age and capacity to make a legally binding contract for such Service.
- The prices quoted on our web do not include any licensing/purchase/sales or other tax or charges which may be applicable to the Service, or to you as licensee/subscriber of the Material, or to your country of use or payment.
- Your subscription must be made on our website subscription page and contain all your proper contact names, addresses (billing and delivery email), as well as any other information that will be required in the subscription form.
- All accepted subscriptions will be processed as soon as possible. Usually your password and login details are emailed direct to your specified email address as soon as we receive the subscription form. If you have not received this information within 24 hours following completion of the subscription form, you must advise us and we will investigate the problem and notify you.
- We, at our sole option and without giving reason, may reject your subscription for any reason. If we reject your subscription then neither you nor us will be under any further obligation or liability to the other.
6. Third Party Material, links and advertisements
Where we have linked to other websites this is merely for ease of reference and in no way recommends or endorses those parties, their websites or their content, products, opinions, advice (if any), relevance, updatedness, security or privacy. This also applies to any advertisements appearing on our website. In no circumstances shall we be liable or responsible for any such third parties or their website content, products or services.
7. Warranty Disclaimer
- THIS WEBSITE, THE SERVICE AND THE MATERIAL AVAILABLE THROUGH IT IS PROVIDED BY SPARTA COMMODITIES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER SPARTA COMMODITIES NOR THE PROVIDERS MAKE ANY REPRESENTATIONS AND/ OR WARRANTIES OF ANY KIND.
- TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, SPARTA COMMODITIES AND/OR PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY THAT
- THE OPERATION OF THIS WEBSITE, ITS SERVERS, THE SERVICE, E-MAILS OR MATERIAL WHICH MAY BE SENT FROM US, ANY OF OUR PROVIDERS, THE WEBSITE OR LINKED WEBSITES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, PRIVATE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR UP-TO-DATE; OR
- THAT ANY INFORMATION, CONTENT, SERVICES, MATERIAL OR PRODUCTS FOR SALE, SUBSCRIPTION OR LICENSE ON THIS WEBSITE OR THROUGH THE SERVICE WILL BE UP-TO-DATE, COMPLETE, APPROPRIATE OR RELEVANT TO YOUR USE OR PURPOSE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICE AND MATERIAL IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK AND THAT YOU WILL USE YOUR OWN SKILL AND JUDGEMENT (OR OBTAIN THE SAME FROM AN APPROPRIATE PROFESSIONAL) IN THE PROPER USE AND APPLICABILITY OF THE SERVICE AND MATERIAL FOR YOUR OWN PURPOSE.
8. Disclaimer of Liability
- Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPARTA COMMODITIES AND/OR THE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, USE OF OUR WEBSITE, SERVICE OR ANY PRODUCT FURNISHED OR TO BE FURNISHED UNDER THESE TERMS AND CONDITIONS OR THE USE THEREOF, EVEN IF SPARTA COMMODITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- Absolute Cap on Liability. WHERE LIABILITY MAY NOT BE EXCLUDED UNDER THE APPLICABLE LAW BUT MAY BE LIMITED, THE MAXIMUM, AGGREGATE LIABILITY OF SPARTA COMMODITIES AND/OR PROVIDERS UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY SERVICE, MATERIAL OR PRODUCTS FURNISHED OR TO BE FURNISHED BY SPARTA COMMODIITES AND/OR THE PROVIDERS UNDER THESE TERMS AND CONDITIONS WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU UP TO THE AMOUNT PAID BY YOU TO SPARTA COMMODITIES AND/OR PROVIDERS UNDER THESE TERMS AND CONDITIONS FOR THE APPLICABLE SERVICE, MATERIAL, AND/OR PRODUCTS (AND IF NO AMOUNT HAS BEEN PAID OR IS TO BE PAID TO SPARTA COMMODITIES, THEN THE AGGREGATE LIABILITY SPARTA COMMODITIES AND/OR PROVIDERS SHOULD BE EQUAL TO ZERO DOLLAR).
- Basis of the Bargain; Failure of Essential Purpose. You acknowledge that Sparta Commodities has set its prices and entered into these Terms and Conditions in reliance upon the Warranty Disclaimer and Limitation of Liability set forth in these Terms and Conditions, and that the same form an essential basis of the bargain between the parties. The parties agree that the Limitation of Liability specified in these Terms and Conditions will survive and apply even if the Warranty Disclaimer or any limitation of remedies is found to have failed of its essential purpose. Notwithstanding the foregoing, nothing contained herein shall limit Sparta Commodities’ liability for its own wilful or wanton conduct.
9. Force Majeure
Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion, including acts of local government and parliamentary authority; inability to supply the Software, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer).
10. Dispute Resolution
Any dispute, controversy or claim arising out of or in connection with this Agreement, including its conclusion, validity, binding effect, amendment, breach, termination or rescission shall be submitted to the jurisdiction of the courts of Geneva, Switzerland, without prejudice of an appeal to the Federal Tribunal.
12. Headings, severability and Amendments
- The headings of these terms and conditions are inserted for convenience of reference only and are not intended to be part of or to affect their meaning or interpretation.
- If any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- We reserve the right to amend any of these terms and conditions at any time and post the same on our website. Each time you use the website, you accept the current version of the terms and conditions.
13. Applicable Law
The parties hereby agree that this Agreement and the provisions hereof will be construed in accordance with Swiss Law.
Copyright © 2020 Sparta Commodities SA. All Rights Reserved World-wide.