Metal-Pages - Terms of use

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Terms & conditions

IMPORTANT NOTICE - USE OF THIS WEBSITE IS CONDITIONAL ON YOUR ACCEPTANCE OF THE TERMS APPEARING BELOW.

Introduction
Please read these terms and conditions ("the Terms") carefully before subscribing to or registering with the site operated by Metal-Pages Ltd ("Metal-Pages", "we" or "us") to be found at www.metal-pages.com (the "Site"). By subscribing to, registering with or accessing or using the Site the subscriber ("you" or "Subscriber") (meaning yourself and any company or other entity for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time.
Nature of the Site
The Site includes on-line information related to the metal industry such as shipping freight rates and import tariffs and general industry news, a directory of members, a chat room/bulletin board and a market place where member companies can post offers and bids and negotiate contracts for the sale of speciality metals, ferro-alloys and metallic minerals and other related content. The information and content (together "information") on the Site does not constitute professional investment or other advice. All details of goods or services for sale or purchase set out on the Site are invitations to treat made by the entity specified and are neither an invitation to treat nor an offer by Metal-Pages unless the contrary is indicated. It is strongly recommended that you seek specific advice from a suitably qualified person before embarking on any course of action in reliance upon any information contained in or obtained from any part of the Site. Metal-Pages does not represent or warrant that the information contained in the Site, or accessible via the Site (including but not limited to the shipping freight rates and import tariffs displayed on the Site), is accurate, complete or current. Metal-Pages gives no endorsement of any information contained in the Site or accessible via the Site. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, and other information provided on the Site.
Applicability of Online Materials
The Site is controlled and operated by Metal-Pages from its offices in England. We make no representations that the Site or any contents on it are appropriate or available for use in other locations. Those who visit the Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
Modifications to Offering
Metal-Pages reserves the absolute right to alter, suspend, withdraw or discontinue without notice any aspect of the Site or the information including your access to it. Unless explicitly stated any new features or information on the Site shall be subject to these Terms.
Liability
Metal-Pages does not make any representations and does not give any warranties as to the ownership or other rights in, or the satisfactory quality and fitness for a particular purpose of, any goods or services referred to at any time on the Site. As mentioned above, unless otherwise indicated all goods or services offered or made available for sale or purchase on the Site are offered or made available by the entity specified and not by Metal Pages and the purchaser or seller must obtain any warranties it requires directly from such entity. Metal-Pages will not be liable under any circumstances whatsoever (whether in contract, negligence or any other tort, breach of statutory duty or otherwise) for any loss of profits, income, business interruption, loss of business information or for increase in any costs, liabilities or expenses or any other loss whatsoever and however arising directly or indirectly out of or in connection with or relating to the Site and, except in the case of personal injury or death caused by the negligence of Metal-Pages, Metal-Pages shall not be liable for any use which you make of the Site.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Subject always to Metal-Pages' rights below, you may place new information on the Site only where and as permitted by Metal-Pages from time to time. You may not post or transmit, (i) any information which is objectionable including, without limitation, information which is defamatory, obscene, abusive, threatening, unlawful, untrue, inaccurate or misleading or which is in breach of any applicable laws, rules, regulations or market conventions (including, without limitation, securities and futures regulations) and/or, (ii) any information which is in breach of any persons rights (including, without limitation, copyright) and/or (iii) any information or software which contains a virus, cancelbot, trojan horse, worm or is otherwise harmful.

You understand and expressly agree that use of the Site and information is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk and that you will be solely responsible for any damage to, or infection or corruption of, any computer system whatsoever or any loss of data whatsoever which in any way results from the downloading of such material and/or data.
Copyright and Monitoring
The contents of the Site are protected by international copyright laws and other intellectual property rights. The owners of these rights are Metal-Pages or third party licensors. All product and company names and logos mentioned on the Site may be trade marks, service marks or trading names of their respective owners, including Metal-Pages. You may display the information on the Site electronically on a single computer to one person, download and store one copy of the information in machine readable form and print one copy of the information. Except in the case of information you have placed on the Site, you may not download, store, reproduce, transit, display, copy, distribute or use information, sub-license, rent, lease, transfer or attempt to assign the rights in the information to any other person, make the materials available on a network, use the information in any manner, or transfer or export the information or any copies into any country other than in compliance with applicable laws or allow any other person to use the information other than in accordance with the Terms and the subscription agreement or in any way exploit any information on the Site other than in accordance with this clause 6, except with the consent of or as expressly permitted by the copyright holder or the proprietor of any other intellectual property right or rights.
Indemnity
You agree to indemnify Metal-Pages against all liabilities, costs, claims or expenses which Metal-Pages may suffer arising out of any breach or non-observance by you of any of these Terms, any use you may make of the Services including, without limitation, your posting of any information on the Site, the Services or any message transmitted by you on the Site.
Subscription and Registration
To access all of the features on the Site you will need to become a subscriber. To access certain, but not all of the features, you will need to become a registered user. For details of which features are available only to subscribers and registered users, please click here. In order to complete the subscription or registration process please click here. All applications are subject to acceptance.

To subscribe or register, Metal-Pages requires you to enter your e-mail address and password, which you will have to submit each time you enter the Site. You must ensure that any information you provide as part of the subscription process or registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third party rights.

Should you become a Subscriber or Registered User, you will continue to be bound by the provisions of these Terms, as amended from time to time, and by submitting your Subscription Application or Registration Application, you are deemed to accept these Terms as amended from time to time.

Metal-Pages will treat any information you provide in order to register yourself as a user with confidence. However, Metal-Pages does not give any warranties as to the security of the Site and all information you supply to Metal-Pages is supplied at your own risk and subject to these Terms as amended from time to time
Directory
The Site includes a directory of members. On or after subscription as a Subscriber or registration, you may post appropriate personalised directory information about yourself on the Site (subject always to Condition 5, paragraph 3). For details of the different types of directory entry and the rates please see the Directory Entry Section of the Site.

On or after registration as a Registered User, you may access general directory information but to access all of the information you must be a subscriber. If you are a registered user, but not a subscriber, and you elect for an enhanced directory listing, your entry will be available to all users of the Site. Enhanced Listings incur an additional charge
Marketplace
The Site provides a market place for the sale of speciality metals, ferro-alloys and metallic minerals and similar goods. This is available in full for Subscribers and on a restricted basis to registered users - only subscribers will be able to negotiate or enter into transactions on the market place. Metal-Pages is not a party to any transaction entered into between Subscribers and does not act as principal or underwrite any such transactions. Metal-Pages' function is the provision of the Site and the transmission of electronic invitations to treat, offers, bids and confirmations of each contract made between Subscribers. Metal-Pages cannot guarantee that the Site will not have downtime which will prevent you from communicating with other Subscribers or otherwise using or accessing the Site. All disputes arising between you and other Subscribers shall be a matter for you and that entity alone and Metal-Pages shall have no obligation to resolve the dispute. All decision and trade disputes arising between Subscribers on the basis of inter alia the shipping freight rates and import tariffs displayed on this Site should be taken up with relevant authority.
Information
If you are a Subscriber you may access the on-line information relating to the metal industry such as shipping freight rates and import tariffs and general industry news. You may access general industry news headlines, but not the full story, if you are a Registered User. This on-line information on the Site does not constitute professional investment or other advice.
Linked Sites
Metal-Pages may provide hypertext links to sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us and we make no representations whatsoever about any other site(s) which you may access through this Site or which may link to the Site. When you access any other site you understand that it is independent from the Site and that we have no control over the content or availability of that site. In addition, a link to any other site does not mean that Metal-Pages endorses or accepts any responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link to any third party site should be directed to the site operator.
Availability of the Site
We will endeavour to make the Site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device. All conditions, warranties or representations, whether express or implied, as to the content, operation or supply of the services provided by the Site are expressly excluded to the fullest extent permissible by law.
General
We may assign or subcontract any or all of our rights and obligations under these Terms.

We may alter these Terms from time to time and post the new version on the Site, following which all use of the Site will be governed by that version.

If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

English law governs these Terms and your use of the Site and you submit to the exclusive jurisdiction of the English courts.
Notices
All notices shall be given by e-mail to info@metal-pages.com or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
Cancellation / refund policy

Monthly subscription

The monthly subscription payment period is 30 days. You can request to cancel the subscription at any time, however, you will not be entitled to a refund for any monthly subscription fee already paid. Your credit card will be charged the prevailing 30 day subscription rate at the time of subscribing and every thirty days thereafter until we receive a cancellation request from you.

Quarterly subscription

The quarterly subscription payment period is 90 days. You can request to cancel the subscription at any time, however, you will not be entitled to a refund for any quarterly subscription fee already paid. Your credit card will be charged the prevailing 90 day subscription rate at the time of subscribing and every 90 days thereafter until we receive a cancellation request from you.

Annual subscription

The annual subscription payment period is 12 months. You can request to cancel the subscription at any time, however, you will not be entitled to a refund for any annual subscription fee already paid. Payment of the annual subscription is by bank transfer, cheque or American Express chargecard, prior to the expiration of your subscription you will be sent an invoice and payment instructions for the following 12 months, unless we have received a cancellation request from you.

Two year subscription

The two year subscription payment period is 24 months. You can request to cancel the subscription at any time, however, you will not be entitled to a refund for any annual subscription fee already paid. Payment of the two year subscription is by bank transfer, cheque or American Express chargecard, prior to the expiration of your subscription you will be sent an invoice and payment instructions for the following 24 months, unless we have received a cancellation request from you.

Cancellation Request
All cancellation requests must be received by Metal-Pages at least seven days prior to the renewal date of your subscription period (Monthly subscription – 30 days, Quarterly subscription – 90 days, Annual subscription -12 months, Two year subscription - 24 months). We will attempt to process all cancellation requests within three working days after we receive the request.

Refunds

We provide our subscribers with a "cooling off period" this gives an opportunity to cancel the subscription by giving notice of cancellation to Metal-Pages Ltd. Duration of the Cooling off period is 7 days from the initial subscription payment. Full refund will be issued within 14 working days after receiving the cancellation notification. All cancellation requests should be emailed to customercare@metal-pages.com. Refunds after the cooling off period are given at the discretion of company management.