UTA has business relationships with distributors, customers, suppliers, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships or specific rights.
UTA provides an online platform for buyers and suppliers to trade commodities. This platform may additionally enable independent brokers to facilitate trades between buyers and suppliers (the “transacting parties”). UTA does not act on behalf of any party using the Website and is not responsible for the negotiation, purchasing or supplying of commodities traded through the Website.
All commodity trade agreements entered into between the parties are done independently of UTA and subject to terms agreed to by the transacting parties themselves. The Website merely functions as a platform to facilitate transactions between the parties. Accordingly, UTA shall not be responsible for the fulfilment of obligations or breach thereof by transacting parties using the Website to facilitate such transactions.
It is the responsibility of the transacting parties, and not UTA, to ensure obligations under any transactions are complied with by the relevant parties. Responsibility for ensuring that any required transaction notifications and documentation have been transmitted and received by the intended party, is the responsibility of the transacting parties. The responsibility shall endure regardless of the fact that UTA may facilitate the transacting parties’ performance of obligations, providing of notifications and population of documentation required for entering into and concluding a trade, and the freight of the commodity traded.
It is the responsibility of the transacting parties to ensure backup measures are in place for entering into and concluding commodity trades in the event that the Website does not function properly and/or fails to facilitate the performance of obligations between the transacting parties. Accordingly, any confirmation of action required by the transacting parties and validation thereof shall be the responsibility of the transacting parties and not UTA. Nevertheless, UTA shall endeavour to remedy any problems with the Website in this regard and the parties undertake to, as soon as reasonably possible, notify UTA should such Website functionality problems arise.
Trademarks and Copyrights
This Web Site, including all Materials present (excluding any applicable third party materials), is the property of UTA and may be trademarked and copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all the trademark and copyright laws in your territory in which you use this Website and to prevent any unauthorized copying of the Materials. UTA does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. All trademarks, services marks, trade names, logos, and icons are proprietary to UTA. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of UTA or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, UTA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unless otherwise stated, this clause shall override the privacy statement.
This web site, the information and materials on the site, and any software made available on the web site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. Despite UTA’s best endeavours, there is no warranty that the Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Damages
In no event shall UTA be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this website or any linked web site, even if UTA is expressly advised of the possibility of such damages.
Third Party Content
The Website may make information of third parties available, including articles, analyst reports, news reports, freight information and pricing, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by UTA. The provision of Third Party Content is for general information purposes only and does not constitute a recommendation or solicitation to purchase or sell any commodities or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice or any other advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by UTA or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold UTA, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. By using any Third Party Content, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than UTA. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. UTA makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that UTA or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of UTA or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of UTA and UTA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. UTA is not responsible for webcasting or any other form of transmission received from any linked site. UTA is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by UTA in any manner of the website.
Unlawful and/or Prohibited Use of the Website
If UTA is of the opinion that your use is unlawful or prohibited in accordance with these Terms, then UTA may immediately suspend or terminate your use of the Website. In such case UTA shall not be liable for any damages which you or any other transacting party may suffer due to your unlawful or prohibited conduct. To this extent, your attention is drawn to your transaction backup obligations should Website functionality fail.
You agree to indemnify and hold harmless UTA, its subsidiaries, representatives and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this Website in any manner, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms and against any applicable law.
UTA reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when such change / updated terms are posted. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound. UTA may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any feature(s) of the Website, at any time. UTA may also impose limits on certain features and services or restrict your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that UTA may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; you shall immediately destroy all Materials.
Updated User Details
It shall be the user’s responsibility to shall ensure that all their user details are current and correct. In the event that these details should change, it is the responsibility of the user to update their details by following the process provided by UTA for updating and maintaining user details.
Force Majeure Event
Obligations of UTA under these terms and conditions or those applicable specifically to its services/facilities shall be suspended, if any transaction does not come to fruition or may not be completed owing to a Force Majeure event, so long as the Force Majeure event continues.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of UTA, including without limitations, virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
Jurisdictional Issues and Choice of Law
This Site is controlled, operated and administered by UTA Products FZE-LLC from its offices within United Arab Emirates. We make no representation that Materials on this Website are appropriate or available for use at any other location(s) outside UAE. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If you access this Website from a location outside UAE, you are responsible for compliance with all local laws.
Except as specifically set forth herein the information contained on this website is not an offer to sell or purchase any securities, commodity, insurance product or other products or services. No commodity, security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. All disputes shall be subject to the exclusive jurisdiction of the South Gauteng High Court of South Africa.
These Terms constitutes the entire agreement between UTA and you with respect to your use of the Website. Any claim you may have with respect to your use of the Website must be commenced within three (3) months of the cause of action. If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from these Terms and the other remaining provisions of these Terms shall remain in full force and effect.