This portal viz. www.etgworld.com (or any successor site) and its related sub-domains, sites, services and tools ("Website") is owned and operated by ETC Group, Mauritius, a company incorporated under the laws of Mauritius (referred to herein as "ETG"strong>, "we", "our" or "us"). ETG reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.
1.3 You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
2. DISCLAIMER OF WARRANTIES
2.1 To the fullest extent permissible by law, ETG does not warrant that the Website or any of the Services available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials available through the Website.
2.2 ETG makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website available through it.
2.3 Although ETG intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, ETG does not represent or warrant that the Website, features or materials that may be available through the Website, are free from such destructive features. ETG is not liable for any damages or harm attributable to such features.
2.4 Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. ETG does not warrant and cannot ensure the security or confidentiality of any information you transmit to Website. Accordingly, any information you transmit to Website is transmitted at your own risk.
2.5 ETG makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on this website. to the full extent permissible by applicable law, We hereby disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose title, compatibility, security, accuracy, or non-infringement without limiting the foregoing, Your use of the website is at your sole risk and this disclaimer constitutes an essential part of these Terms.
3. LIMITATION OF LIABILITY AND INDEMNITY
3.1 Nothing in these Terms is intended to affect your rights under law. The use of the Website is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Website.
3.2 By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold ETG, its directors, officers, employees, affiliates, agents, contractors, and licensors (the Indemnified Persons) harmless with respect to any claims arising out of your breach of these Terms, your use of the Website, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or any action taken by ETG as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless the Indemnified Persons from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any breach by you of these Terms.
3.3 Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall ETG or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, business interruption, accuracy of results, or computer failure or malfunction, even if an authorised representative of ETG has been advised of or should have known of the possibility of such damages, arising out of or in connection with (i) the use of or inability to use the Website; (ii) your use of or reliance on the website, any information, hyperlinks or content contained therein, or services included on or otherwise made available to you through this Website; (iii) your provision of information, personal or otherwise, to us; (iv) the provision of services by us; or (v) acts or negligence on the part of ETG. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
4.1 Any links or references to other Internet Websites ("hyperlinks") contained on the Website are provided by ETG merely as a convenience to you and other users of the Website, and ETG is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked Websites should no way be construed as an endorsement, representation(s) or promotion by ETG as to the content, representations, accuracy, products or services found or otherwise described in such linked Websites. Use of these linked Websites is done at your own risk and consequence.
4.2 Except as otherwise expressly stated, ETG owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to ETG unless otherwise noted. The Marks on the Website are variously protected by the laws of various countries. No use of any of these Marks may be made without the prior, written authorization of ETG, except for the sole purpose of identifying the products originating from ETG.
4.3 ETG expressly reserves all intellectual property rights in all text, programs, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of ETG's or any third party's intellectual property rights. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
4.4 You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires prior written permission from ETG.
4.5 ETG reserves the right to correct any errors or omissions in the Website and to improve the contents at any time without notice. If you rely on the Website and any materials available through it, you do so entirely at your own risk. Furthermore, ETG reserves the right to alter, limit or discontinue the provision of the Website at any time without prior notice to you.
4.6 ETG may terminate or suspend your access to all or part of this Website, without notice, for any conduct that ETG, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the ETG or a third party. Except as otherwise expressly stated in these Terms, ETG shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
4.7 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
4.8 You understand that by using this Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website at your sole risk and that ETG and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
4.9 Your unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
4.10 You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ETG as a result of your use of this Website. A reference to the Website in these Terms includes the website URL www.etgworld.com. and any successor website URLs.
4.11 These Terms shall be governed by the laws of the England & Wales (other than the conflicts of laws provisions thereof) and be subject to the jurisdiction of Courts of England.
4.12 These Terms may not be (i) amended, terminated or waived orally, and (ii) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.
4.13 Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms.
4.14 If you do not agree to (or cannot comply with) any of these Terms, do not use this Website.
4.15 ETG shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, pandemic, lock down, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
We hope you find this Website helpful and convenient to use.
Thank you for your cooperation.
For any questions, please contact us - moc.dlrowgte@ofni