Website Terms of Use

Important legal notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS.

These Terms of Use are issued by Xpitrade General Trading LLC (company number 881432) of of 309 Addiyar Building, Sheikh Zayed Road, Dubai, United Arab Emirates (“Xpitrade“), on behalf of itself and each of its affiliated entities. “Xpitrade” and the Xpitrade logo are trademarks of Xpitrade. You may contact us regarding these Terms of Use by post or by email to info@xpitrade.com.

 

Introduction

  1. You may access our site xpitrade.com (“Website“) without registering your details with us.
  2. By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.
  3. Our Privacy Policy also applies to your use of the Website and you should read this in full before using the Website.
  4. Xpitrade may revise these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on specific pages at the Website. You should take care to read such supplemental notices, as applicable.

License

  1. You are permitted to print and download extracts from the Website for your own use on the following basis:
    1. no documents or related graphics on the Website are modified in any way;
    2. no graphics on the Website are used separately from the corresponding text; and
    3. Xpitrade’s copyright and trade mark notices and this permission notice appear in all copies.
  2. In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
  3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Xpitrade or its licensors. For the purposes of these Terms of Use, any use of extracts from the Website other than in accordance with paragraph 5 above for any purpose is prohibited. If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
  4. Subject to paragraph 5 above, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Xpitrade’s prior written permission.
  5. Any rights not expressly granted in these terms are reserved.

Service access

  1. While Xpitrade endeavours to ensure that the Website is normally available 24 hours a day, Xpitrade does not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
  2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Xpitrade’s control.
  3. 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.

Visitor material and conduct

  1. We process information about you in accordance with our Privacy Policy. By using the Website, you confirm that you have read and acknowledged the terms of our Privacy Policy and you warrant that all data, including personal data, provided by you is accurate and up to date.
  2. Other than personal data, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Xpitrade shall have no obligations with respect to such material. Xpitrade and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes on a royalty free, worldwide basis.
  3. You may only use the Website for lawful purposes. You may not use the Website:
    1. in any way that breaches any applicable local, national or international law or regulation, in any country in the world;
    2. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out herein;
    3. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
    4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  4. You shall not reproduce, duplicate, copy or re-sell any part of the Website, except as set out in paragraphs 5 to 9 above.
  5. You may not misuse the Website (including, without limitation, by hacking) and in particular, you shall not access without authority, interfere with, damage or disrupt:
    1. any part of the Website;
    2. any equipment or network on which the Website is stored; or
    3. any software used in the provision of the Website; or
    4. introduce computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
  6. Xpitrade shall fully co-operate with any law enforcement authorities or court order requesting or directing Xpitrade to disclose the identity or locate anyone posting any material in breach of the Terms of Use.
  7. Breaches of the Terms of Use may result in the immediate permanent or temporary withdrawal of your right to use the Website, the immediate permanent or temporary removal of any material posted by you and/or legal proceedings being brought against you.

Links to and from other websites

  1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Xpitrade has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Xpitrade therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
  2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    1. you do not remove, distort or otherwise alter the size or appearance of the Xpitrade logo;
    2. you do not create a frame or any other browser or border environment around the Website;
    3. you do not in any way imply that Xpitrade is endorsing or recommending any products or services other than its own;
    4. you do not misrepresent your relationship with Xpitrade nor present any other false information about Xpitrade;
    5. you do not otherwise use any Xpitrade trade marks displayed on the Website without express written permission from Xpitrade;
    6. you do not link from a website that is not owned by you; and
    7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  3. Xpitrade expressly reserves the right to revoke the right granted in paragraph 21 for breach of these terms and to take any action it deems appropriate, including requiring the immediate de-linking of the Website.
  4. If you are business user, you shall fully indemnify Xpitrade for any loss or damage suffered by Xpitrade or any of its group companies for breach of paragraph 21.

Disclaimer

  1. While Xpitrade endeavours to ensure that the information on the Website is correct, Xpitrade does not warrant the accuracy or completeness of the material on the Website. Xpitrade may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date and Xpitrade makes no commitment to update such material.
  2. In particular, but without prejudice to the generality of paragraph 24 above, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.
  3. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  4. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

Liability

  1. Nothing in these Terms of Use shall exclude or limit the liability of Xpitrade or any other person for:
    1. death or personal injury caused by negligence;
    2. fraud;
    3. misrepresentation as to a fundamental matter; or
    4. any liability which cannot be excluded or limited under applicable law.

If you are a business user

  1. Subject to paragraph 28 above, Xpitrade, its group companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  2. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Xpitrade provides you with the Website on the basis that Xpitrade excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.

If you are a consumer user

  1. Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Xpitrade has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that Xpitrade has supplied damages a device or digital content belonging to you and this is caused by Xpitrade’s failure to use reasonable care and skill, Xpitrade will either repair the damage or pay you compensation.

Other terms

  1. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident or epidemics or pandemics.
  2. If any part of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and shall not affect the validity and enforceability of any of the remaining provisions of the terms.
  3. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision of these terms.

Governing law and jurisdiction

  1. If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by the laws of England. You and we both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
  2. If you are a business, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Website, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by the laws of England.

 

Last updated: October 2021