1 What you must do
1.3 You acknowledge that the Subscriber ID is issued to you for the purposes of accessing the secure part of the Transworld Resources Website to obtain information and access material and for authorising instructions or requests for use of the Services or participation in the Projects and you are solely responsible and liable to ensure that the purpose of your access and use is lawful. Any other use of your Subscriber ID is strictly prohibited. You and your Company (if applicable) are solely responsible for all instructions or requests authorised by use of your Subscriber ID. Transworld Resources is entitled to rely on your Subscriber ID as conclusive evidence of your identity and authority without further investigation. You and your Company (if applicable) are solely responsible for any loss caused by use of your ID by you or any other person.
2 What you must not do
2.1 You must not:
(a) access or use the Transworld Resources Website , partake of the Services or acquire information in regard to or participate in any Projects, or undertake in any activities or post or transmit to or via the Transworld Resources Website any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use the Transworld Resources Website or the Services in a way or post to or transmit to or via the Transworld Resources Website or the Services any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from the use or enjoyment of the Transworld Resources Website , the Services or the Projects;
(c) use the Transworld Resources Website or the Services to send unsolicited electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings, reservations, representations or requests using the Transworld Resources Website or the Services or which is in relation to the Projects;
(e) use another's name or Subscriber ID without permission from that person;
(f) post, or transmit via the Transworld Resources Website or the Services, any obscene, indecent, inflammatory, pornographic, illicit or unlawful material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to the Transworld Resources Website , the Services or the Projects;
(h) knowingly transmit any virus or other disabling or corrupting feature to the Transworld Resources Website , the Services; and the Projects; and
(i) attempt any of the above acts or permit another person to do any of the above acts.
3 Third Party Content
3.1 On the Transworld Resources Website any links to, reference to, or information relating to, or mention of third party products, services, and information are not provided or endorsed by us and no specific legal relationship is inferred or implied with any third party unless expressly stated by us.
3.2 We have not checked the accuracy or completeness of the information, products, or services made available at any third party website. You must make your own enquiries with the relevant third party directly before relying on any the third party information or entering into a transaction or agreement in relation to any other party via the Transworld Resources Website or the Services. You should check with the third party whether there are additional charges and terms which may apply.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered to be supplied on the Transworld Resources Website are subject to change without notice.
5.1 For security reasons we may require you to re-authenticate yourself from time to time. For example after a period of inactivity on the connection between your browser and the Transworld Resources Website or servers supporting or hosting the Services and the Projects (‘Servers”). We are not responsible for any information you may lose if the Transworld Resources Website or the Servers terminate your browser session due to prolonged periods of inactivity between your browser and the Transworld Resources Website or the Servers.
5.2 You must comply with all directions issued by Transworld Resources pertaining to the use of your Subscriber ID and access to the Transworld Resources Website , the Services or the Projects and all content and material related to the same (“Content”). You (or your Company) will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Subscriber ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Subscriber ID, except as specified in clause 5.3 below. If you choose to use a workplace email address to access the Content, you are responsible for ensuring that such use complies with any rules, policies, or protocols which apply to the use of the Internet in your workplace.
5.3 You must not keep your Subscriber ID in any form, whether encoded or un-encoded, in a location where it is capable of being copied or used by any person or disclose your Subscriber ID to any other person, other than:
(a) yourself, in the case of a person who is acting as an individual on behalf of themselves; or
5.4 You must immediately notify Transworld Resources if you become aware:
(a) that your Subscriber ID has been compromised or is known to a third party; or
(b) of any unauthorised use of your Subscriber ID; so we can take steps within our control to deactivate the Subscriber ID and issue you with a new Subscriber ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.
5.5 Transworld Resources does not guarantee:
(a) the security of Transworld Resources Website or any systems (including the Internet and the Customer's hardware and software) used in accessing the Content, or any information passed through such systems; or,
(b) access to the Content or any systems used in accessing the Content will be continuous, uninterrupted, virus or error free.
(a) Transworld Resources may use or otherwise make available for use by others, personal information about you as it is directly or indirectly associated with or related to the Services or Projects in which you have expressed interest and which is the subject of the Data Protection Act 2002 (Isle of Man) or similar legislation in other jurisdictions where such personal information is generated or held ;
(b) you must not disclose or permit the disclosure of your Subscriber ID to any other person as this may result in your privacy being breached and/or compromised ;
(e) you consent to receive from time to time updates, information and materials or to have the same made accessible by you and which relate to the Services and Projects and otherwise your general or specific interests or in meeting any express requests as made by you upon registration or otherwise and consent to the use by Transworld Resources of your personal details and all other information provided by you at any time for the purpose of Transworld Resources best determining the Services or Projects and related Content in which you have interest or which are consistent with your expressed wishes or requests.
7 Customer Communications
7.1 You acknowledge that where the Services require Transworld Resources to email you, the following will apply:
(a) Transworld Resources will address and send emails to you to the email address provided by you on registration (‘Contact Details’) and you are solely responsible for ensuring that your Contact Details are correct and current (including email address), your email service is operational and that you check your emails regularly;
(b) you must notify Transworld Resources as soon as possible of any changes to your Contact Details using the online method provided by Transworld Resources;
(c) if Transworld Resources sends an email to your current email address as listed in your Contact Details, you are deemed to have received that email and Transworld Resources is not obliged to take any further action to confirm that you have received, opened and/or read the email unless you promptly notify Transworld Resources and demonstrate that the email was not delivered to your email address;
(d) if Transworld Resources receives an automated email non-delivery notification indicating you have not received the email that Transworld Resources has sent you, Transworld Resources will use reasonable endeavours to attempt to contact you using the any other contact details that you submitted or made available to Transworld Resources, including non-electronic means, but does not guarantee that Transworld Resources will be able to contact you.
8.1 You indemnify Transworld Resources its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to you accessing, downloading, distributing or making use of the Content or otherwise arising from your use of the Transworld Resources Website , the Services or participation in the Projects, be it in contract, tort (including negligence) and other theory of law, by you or someone using your name and password.
9 Disclaimer and limitation of liability
9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way in contract or tort (including for negligence) or other theory of law, for any loss, damage, costs or expenses suffered by you or claims made against you through the accessing, downloading, distributing or making use of the Content, or otherwise the access to and use of the Transworld Resources Website , partaking of the Services or participation in the Projects, or as to any failure in that regard , including a failure to offer or provide the Services or make available participation in the Projects, or which is in connection with any products, services or information supplied, offered to be supplied or advertised by way of the Content.
(a) received adequate notice of such changes where Transworld Resources places a notice on the Transworld Resources Website (including without limitation) the homepage of your secure part of the Transworld Resources Website as accessed by your Subscriber ID or sends details of the changes to you by way of your Contact Details; and
(b) agreed to such changes the next time you have used your Subscriber ID to log onto the secure part of the Transworld Resources Website where publication of the relevant notice has been made therein on your homepage.
10 Use of your information and material
10.1 When you send us any feedback, suggestions, ideas, or other materials in relation to the Content via the Transworld Resources Website or the Services, you agree that we can use, reproduce, publish, modify, adapt, and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
11 Taxes & Levies
12 Non Solicitation
12.1 You acknowledge and agree that nothing contained or featured in , accessed or published by or through the Transworld Resources Website or made available to you in respect of the Services or the Projects, amounts to or may be deemed an uninvited solicitation for you to partake of the Services or amount to a public offering, solicitation of you for investment or an invitation for you to invest in or subscribe for any investment or other participation in any Projects or any company, business or corporation associated with the Projects.
15. General Matters
15.1 This agreement is governed by the law in force in the Isle of Man, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the Isle of Man and courts of appeal from them for determining any dispute concerning this agreement.
© Transworld Resources 2014. All rights generally reserved