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COALspot.com Terms of Use Agreement

Terms of Use and Advertising Terms & Condition 

Important Legal Information for users of the
COALspot.com website (the "Site")

The portal provides most comprehensive & independent coal market coverage through inputs drawn from various sources with the objective of assisting the industry players. By using this site you signify your assent to the terms of use set out below ("Terms"). Each time you use the site, your use indicates your full acceptance of, and agreement to abide by, this user agreement in its then current form. If you do not agree to these Terms, please do not use the site. COALspot.com reserves the rights, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of 
COALspot.com  following the posting of changes to these Terms will mean you accept those changes. If you believe an article, news in COALspot.com violates your rights or the rights of others, please contact us to take necessary action.

Terms
This site is owned and operated by COALspot.com, (referred to as "COALspot","COALspot.com", "we", "us", or "our" herein). No material from any web site owned, operated, licensed, or controlled by COALspot.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our express written permission. Modification of the materials or use of the materials for any other purpose is a violation of COALspot.com's copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to COALspot.com and its associates.

If you do wish to use any such material for other purposes please contact 
COALspot.com and COALspot.com will let you know whether you may be able to do so and the terms which will apply to such uses.

1. COALspot.com's right to edit the Site
While COALspot.com reserves its right (without notice) to refuse to post or transmit or to remove, edit, delete, amend or alter in any way any Information or any Service or any part of the Site (in whole or in part) the posting or transmission of which COALspot.com in its sole discretion considers may violate any right of any person or constitute an offence or a breach of any COALspot.com policy, notice or other requirement, subject to applicable law COALspot.com has no obligation whatsoever to monitor the Site, the Services or any Information or refuse to post or transmit or to remove, edit, delete, amend or alter in any way any Information or any Service or any part of the Site (in whole or in part).

2. Registration
If you elect to sign-up for the Service, you will be registering with COALspot.com on the form provided and such registration may require you to provide personally identifiable information such as your name, phone number, mobile number and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form. If COALspot.com has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, COALspot.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). COALspot.com’s use of any personally identifiable information you provide to COALspot.com as part of the registration process is governed by the terms of COALspot.com's COALspot.com Privacy Policy.

3. Postings and Submissions
You are free to make postings or submissions to COALspot.com. Such postings may, at COALspot.com's absolute discretion, be made available on the Site by COALspot.com. You agree to grant COALspot.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part) worldwide any material posted by you and/or to incorporate such material in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such material.

4. Exclusion of warranties and liability
4.1 COALspot.com does not represent or warrant the accuracy or reliability of any of the information, content (including without limitation text, audio, video, graphics, images and photographs), software or advertisements (the "Information") contained on, distributed through, streamed, linked, downloaded or accessed from any of the services contained on the Site (the "Services")

4.2 COALspot.com does not monitor the Information and further does not represent, warrant or endorse the quality, availability, right to use, ownership or reliability of any of the Information accessed by you as a result of you using the Site or any of the Services. You agree that COALspot.com shall not be responsible or liable in any way for the Information or for any dealings that you may have, or the consequences of such dealings, with any Third Party site operators. In particular you agree that any dealings you have with any Third Party site operator shall be on the terms and conditions (if any) of that Third Party operator.

4.3 Any reliance you place upon any of the Information will be at your sole risk and unless otherwise specified on the Site, COALspot.com is not selling or offering for sale any products or services described in the Information nor is it acting as agent of any person selling or offering for sale any products or services described in the Information.

4.4 The Site and Services are provided by COALspot.com on an "as is" and "as available" basis and COALspot.com expressly disclaims any and all warranties, express or implied, to the extent permitted by applicable law including, without limitation, warranties of satisfactory quality, merchantability and fitness for a particular purpose, with respect to any Service or any Information. 

4.5 To the fullest extent permitted by applicable laws and except in respect of death or personal injury arising from COALspot.com's negligence COALspot.com hereby excludes liability for any claims, loss, demands or damages of any kind whatsoever with respect to the Services, the Site and the Information including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to COALspot.com. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. If you are a consumer your statutory rights, if any, are not affected.

4.6 The information contained on COAlspot.com has been collected from various press reports, organization and individuals considered reliable. All news including translated news and information is offered on a best Intention basis.

4.7 COALspot.com and its affiliates are not liable for any technological problems and any impact that they may have.

•All or any portion of the Site may not be available and may not function properly at any time.
•COALspot.com makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
•COALspot.com takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
•COALspot.com makes reasonable efforts to ensure that the Site is secure but does not guarantee the security of the Site.
•COALspto.com and its affiliates are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
•COALspot.com and its affiliates are not liable for any defects, delays or errors in or resulting from your use of the Site.
•If you access any third party web site through the Site or otherwise, you do so at your own risk.
•Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by COALspot.com and its affiliates.

5. Restrictions on use of the Site
Subject to the above, you agree:
(a) to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of the Services;
(b) not to infringe any Third Party rights through your use of, or your activities conducted from, the Services, including without limitation, the intellectual property rights of others. You further agree not to use in any way any of our trade marks or other intellectual property, or in any way to represent yourself as connected with us, or link to the Site in any manner whatsoever without our express prior written consent;
(c) not to damage, interfere with or disrupt access to the Services or do anything that may interrupt or impair their functionality;
(d) not to obtain or attempt to obtain unauthorised access, through whatever means, to the Services or other services or computer systems or areas of our networks which are identified as restricted;
(e) not to publish, post, disseminate, distribute or otherwise transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information;
(f) not to post or use the Services to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio;
(g) not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including rights of publicity and privacy; and
(h) not to use the Site for distributing, disseminating or posting any chain letters, junk mail, 'spamming' material or any other form of bulk communication.

6. Links
6.1 From time to time we will make available to you links from the site to Third Party sites. Our website has many links to our partners, advertisers, and energy related companies, ports, etc. When you link to another site, you are no longer on our site and are subject to the privacy policy of the new site. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such Third Party site operators. You also agree that any dealings you have with such Third Party site operators shall be on the terms and conditions (if any) of the Third Party operator and you hereby waive any claim you might have against us with respect to such sites. You agree that we are not liable in any way for and you agree to indemnify us in the manner referred to below in these Terms in relation to such dealings. Any arrangements made between you and any Third Party named on the site are at your sole risk and responsibility.

6.2 Other parties may not link or deep link to our site without our express consent. In the event that any party does so, COALspot.com takes no responsibility for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these Third Parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to COALspot.com or our users please let us know.

7. Password Policy
Your use of certain portions of the Site requires a password. As part of the registration process, you must select a user id and password and provide COALspot.com with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password.


8. Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While COALspot.com has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, COALspot.com and COALspot.com’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. COALspot.com and COALspot.com’s licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.

9. Miscellaneous Provisions
COALspot.com may assign its rights and obligations under these Terms and upon any such assignment COALspot.com will be relieved of any further obligation hereunder.

9.1 COALspot.com's failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing. 

9.2 COALspot.com reserves the right to vary these Terms from time to time.

9.3 These Terms and any Usage Agreement entered into between you and COALspot.com constitute the entire agreement and understanding between you and COALspot.com.

10. Governing Law and Jurisdiction
10.1 These Terms are governed by and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the Singapore courts.

10.2 If any provision of these Terms is held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.

11. Disclaimer
Terms of use is subject to our Disclaimer

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Advertising terms & condition

1) Introduction

1.1The terms are incorporated into each agreement entered into between the online publisher and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these terms.

1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:

"Online publisher" means COALspot.com

"Advertiser" means the person or company identified on the order form.

"Insertion order" means advertising order form.

2)  Terms of payment:

Payments can be made by standing order or by invoice.
Advertisers paying by invoice will be invoiced prior to the contract period set forth on the insertion order. Payment shall be made in full to the online publisher prior to scheduled start date of the campaign, as specified in the insertion order. All payments to the online publisher hereunder shall be made in US Dollars and shall be exclusive of any V.A.T chargeable thereon which shall be payable by the advertiser in addition, where applicable. In the event of late payment the online publisher reserves the right to suspend the advertisers’ information agreed to post on the website.

3) Acceptance of advertising is subject to space availability upon receipt of signed contract or insertion order by the online publisher.

3.1 Receipt of a completed insertion order will be considered as acceptance of the order and the terms & conditions of the contract.

3.2 Receipt of email confirmation of an order will be considered as acceptance of terms & conditions of the contract.

4) Advertisers Representations:

The advertiser warrants and represents to the online publisher that:
(1) it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;

(2) it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;

(3) it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.

The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services..

The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defense of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.

5.1) The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.

5.2) The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.

5.4) Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.

7) Cancellation Policy: Any campaign can be cancelled without charge up to 30 days before the scheduled start date of the campaign. Non-banner advertisements, company profiles and directory listings (where available) can be cancelled without charge up to 30 days before the scheduled start of the campaign. Cancellation damages of 50% of the advertising contract amount will be due and payable to the online publisher by the advertiser if campaigns are cancelled by the advertiser less than 30 days before the scheduled start date of the campaign. After a campaign has started all advertisements must run their contracted duration as per the insertion order form.

8) All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement.

9.2) The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.

9.3) The content of all ads incorporating data provided by a third party is not subject to the advertiser's prior approval but no warranty is given by the online publisher with relation to the accuracy of such advertisements. The online publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the online publisher's rights hereunder. The online publisher makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser's sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.

10) All insertion orders are accepted subject to provisions of the current rate card. Rates are subject to change upon notice from the publisher. In the event of a rate increase during the period of the insertion order, the advertiser will have the option to cancel the remaining period of the insertion order with one month's notice or as of the date of the rate increase, whichever periods is the shorter, without penalty or continue the order at the revised rate. Page impression based campaigns are monitored and invoiced according to figures by the online publisher.

11) Limitation of Liability The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect or consequential losses;
In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).

Nothing in these terms and conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 9 above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.

The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

12) The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.

13) No conditions other than those set forth in the rate card shall be binding on the online publisher unless specifically agreed to in writing by the online publisher.

14) The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.

15) No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.

16) Miscellaneous
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.

The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.

Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.

Contractual Information:
- Signed Insertion orders must be delivered at least three business days prior to the start of an insertion term
- Banner adverts must be delivered at least seven business days prior to the start of an insertion term
- All other advertising copy and material must be delivered at least three business days prior to the start of an insertion term
- All advertising requires a signed insertion order
- All programs start on weekdays (excluding bank holidays)