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Terms and Conditions of Use:
Definitions
"Public Area" means the screens of this web site
that are accessible to any user of the Internet;
"Secure Area" means the screens of this web site
that are only accessible to clients of Trafalgar who have
a lawfully obtained username and password;
"Site" means this web site including both the Public
Area and the Secure Area;
"Trafalgar" means Trafalgar Securities Limited a
company registered in Bermuda;
"Terms" means the terms and conditions set out below;
"User" means the person accessing and viewing the
Site;
The Site
This Site, is published and maintained by Trafalgar, part
of the Trafalgar Group of Companies. If you have a question
regarding these terms and conditions or about any information
contained in this Site please contact
Trafalgar directly.
Acceptance
When you access, browse or use this Site you accept the Terms.
Use of the Site
The Public Area is only for your personal use. You may not
distribute, modify, sell or transmit anything you copy from
the Public Area, including but not limited to any text and/or
images, for any business, commercial or public purpose. So
long as you comply with these Terms, Trafalgar grants you
a non-exclusive, non-transferable, right to enter, display
and use this Site.
The Secure Area is only for your internal use. You may not
modify or sell anything you copy from the Secure Area. Neither
may you distribute or use anything you copy (including but
not limited to any text and/or images) from the Secure Area
for external purposes. So long as you comply with these Terms,
Trafalgar grants you a non-exclusive, non-transferable, right
to enter, and use this Site for internal purposes only.
Any copies made by a User must retain any copyright or other
intellectual property notices contained in the original material.
You agree not to interrupt or attempt to interrupt the operation
of this Site in any way.
Those Users with no legal right to enter into the Secure
Area further agree that they shall neither attempt to circumvent
the security measures taken by Trafalgar in order to access
the Secure Area nor shall they actually enter the Secure Area.
Intellectual Property Rights
The products, technology or processes described in this Web
Site may be the subject of intellectual property rights reserved
by Trafalgar or by other third parties. No licence is granted
in respect of those intellectual property rights.
All materials on this Site, including but not limited to
the layout and text (the "Material"), are protected
by copyright under Bermudan law and international conventions.
You may only use the Material as specified in these Terms.
Images, trade marks and brands displayed on this site are
protected by copyright, trade mark and other intellectual
property laws and save for the exceptions stated in these
Terms may not be reproduced or appropriated in any manner
without written permission of their respective owner(s).
Links
This Site may contain links to other Internet sites. Trafalgar
provides such links for your convenience only, and is not
responsible for the content of any site linked to or from
this Site.
Links from this Site to any other site do not mean that Trafalgar
approves of, endorses or recommends that site. Trafalgar disclaims
all warranties, express or implied, as to the accuracy, legality,
reliability or validity of any content on any other site.
Availability of Products and Services
The products and services displayed on the Site may not be
available for purchase in your particular country or locality.
The reference to such products and services on the Site does
not imply or warrant that these products or services will
be available at any time in your particular location. You
should check with Trafalgar for the availability of specific
products and services in your area.
Trafalgar's Right to Change These Terms
Trafalgar may add to, change or remove any part of these
Terms at any time, without notice. Any changes to these Terms
or any terms posted on this Site apply as soon as they are
posted. By continuing to use this Site after any changes are
posted, you are indicating your acceptance of those changes.
Indemnification
You agree to indemnify, defend and hold Trafalgar harmless
from and against any and all liability and costs (including,
without limitation, attorneys' fees and costs), incurred by
Trafalgar in connection with any claim arising out of any
breach by you of these Terms. You will co-operate as fully
as reasonably required in Trafalgar's defence of any claim.
Trafalgar reserves the right, at its own expense, to assume
the exclusive defence and control of any matter otherwise
subject to indemnification by you and you shall not in any
event settle any matter without the written consent of Trafalgar.
Disclaimer of Warranties and Damages; Limitation
of Liability
Your use of this Site is at your own risk. This Site (including
all content and functions made available on or accessed through
this site) is provided "as is."
To the fullest extent permissible by law, with regard to
the content on this Site, Trafalgar makes no representations
or warranties of any kind whatsoever:
(1) for the accuracy, merchantability, fitness for a particular
purpose or non-infringement of any content published on or
available through the site;
(2) that the server that makes this site available is free
of viruses or other components that may infect, harm or cause
damage to your computer equipment or any other property when
you access, browse, download from or otherwise use the site;
(3) Under no circumstances, including but not limited to Trafalgar's
negligence, shall Trafalgar be liable for any consequential,
direct, incidental, indirect, punitive or special damages
related to:
(a) the use of;
(b) the inability to use; or
(c) errors or omissions in the contents and functions of this
site
even if Trafalgar or an authorized representative thereof
has been advised of the possibility of such damages.
In no event shall Trafalgar's total liability to you for
all damages, losses and causes of action (whether in contract
or tort, including, but not limited to, negligence or otherwise),
exceed Bda$100.00.
General Provisions
These Terms and Conditions of Use and any additional terms
posted on this Site together constitute the entire agreement
between Trafalgar and you with respect to your use of this
Site.
If for any reason a court of competent jurisdiction finds
any provision of these Terms to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as
to effect the intent of this agreement, and the remainder
of these Terms shall continue in full force and effect.
These Terms shall be governed by and construed in accordance
with the laws of Bermuda.
Privacy Policy
Trafalgar respects the right of privacy for all of its visitors
and agrees that it will apply by the Standard for Electronic
Transactions issued pursuant to the Electronic Transactions
Act 1999 (available at http://www.mtec.bm/).
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