These terms and conditions create a contract between you and Engine Technologies Pte. Ltd. (the “Agreement”). Please read the Agreement carefully. You are required to confirm your acceptance of the Agreement before you may access and use the Customer Portal. The “Customer Portal” includes the Internet platform (https://engine.online), known as the “ENGINE Marine Fuel Benchmarking Platform”, all Engine websites, mobile applications, software, tools to support communications to or from the platform, information and other content on the platform and services (including without limitation the recognition and processing of trade details from email) provided by and/or on behalf of Engine from time to time.
1. Rights Granted and Restrictions
1.1. All rights, including copyright, in the Customer Portal are owned or controlled for these purposes by Engine Technologies Pte. Ltd. (“Engine”). The material displayed on the Customer Portal is confidential and for your use only. You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from the Customer Portal for any other purpose, including in particular any purpose which sells or distributes the materials to third parties.
1.2. The trade marks, word marks, logos, names and images displayed on the Customer Portal are the registered or unregistered trademarks of Engine and others. Nothing on the Customer Portal should be taken as conferring by implication, estoppel or otherwise any licence or right to use any of the aforementioned marks displayed on the Customer Portal without the prior written approval of Engine or such third party as may own the relevant mark.
2. User Credentials
2.1. You shall use your own individual email address and password (“User Credentials”) to access the Customer Portal. Only business email addresses are permitted. Personal or non-business email addresses, including but not limited to Gmail or Hotmail, are prohibited.
2.2. You shall be responsible for keeping your User Credentials confidential, and may not share your User Credentials with any other person, including individuals within your organisation. If you become aware of any known or suspected breach of the security of your User Credentials (including loss, theft, or unauthorised disclosure), you are obliged to notify Engine. Passwords are encrypted, meaning they are neither known to Engine, its affiliates, and their respective employees, agents, or contractors or any administrators of the Customer Portal (together, the “Service Providers”).
3. Acceptable Use
By accessing the Customer Portal, you agree not to misuse the service or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Customer Portal:
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Customer Portal, or areas of the Customer Portal you have not been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Customer Portal;
access, search, or create accounts for the Customer Portal by any means other than our interfaces (for example, “scraping” or creating accounts in bulk);
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
use data mining, robots, programs, scripts or any similar data gathering and extraction tools to extract information or prices from the Customer Portal; or
extract, download or copy any information from the Customer Portal for the benefit of another company.
4.1. The Customer Portal is provided ‘as is’. No warranty of any kind, implied, express or statutory, including but not limited to warranties of satisfactory quality or fitness for a particular purpose, exercise of reasonable care or skill, non-infringement of third party rights, confidentiality, title, completeness, adequacy or reliability, is given in respect of the Customer Portal , nor is any warranty given that the Customer Portal is free from errors, omissions or inaccuracy. The Service Providers do not assume any obligation to update the Customer Portal or any of its content.
4.2. The Customer Portal is provided on an ‘as available’ basis without warranties of any kind, either express or implied, that the service will be uninterrupted or error-free.
4.3. Any access to or use of the Customer Portal is done solely at your risk, and no warranty is given that the Customer Portal or any materials contained therein are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
4.4. The Customer Portal is not to be construed as financial, legal, business, investment, tax or other professional advice. You should therefore consult with your own financial, legal, business, tax or other adviser as to financial, legal, business and tax advice.
4.5. To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage resulting from the access to and use of the Customer Portal.
5. Consent to Processing and Disclosure of Information
5.1. By using the Customer Portal, you acknowledge and accept the disclosure of your information and data related to your transactions (whether indicative or binding, including the fact of your transacting) on the Customer Portal or otherwise to your use of the Customer Portal (together, “Information”) to the Service Providers or other third parties for the purpose of providing you with the Customer Portal, and the unrestricted processing and use of Information by Engine for other purposes. Such disclosure or use of Information may be (but does not have to be) necessary or inevitable for the purposes of facilitating or enabling your use of the Customer Portal, and/or may be for marketing purposes and may result in the publication of Information. By using the Customer Portal, you grant to the Service Providers a non-exclusive revocable right to use your company’s name and logo in the Customer Portal’s marketing materials (including without limitation in the Customer Portal itself). Failure to, or actual or purported withdrawal of, consent to such disclosure, access to or use of Information, your company’s name and/or logo may result in our inability to offer or continue to offer the Customer Portal to you.
5.2. You will provide us with any information or documentation that we may reasonably request relating to your use of the Customer Portal, and you shall ensure that any such and any other information or documentation that you provide to us, in response to our request or howsoever, including without limitation any supplier or bunker data or other data points provided by you to the Customer Portal, is true, complete and accurate to the best of your knowledge.
5.3. Our authority to collect, use or disclose Information, and our rights and abilities under this Clause 5, shall be in addition and without prejudice to our other rights to collect, disclose or otherwise use Information under and pursuant to any statutory provisions and in law, and nothing herein is to be construed as limiting any of those other rights.
5.4. The Service Providers shall not be liable for any loss or damage suffered by you as a result of any collection, use or disclosure of any Information which you have consented to, or where such collection, use or disclosure is allowed under applicable laws.
6.1. You shall not be entitled (nor shall you assist others) to set up links from your own website(s) to the Customer Portal (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of Engine. The consent of Engine is at its absolute discretion, and without providing a reason, Engine may grant or withhold consent.
6.2. Links contained within the Customer Portal may lead to websites not under the control of the Service Providers and the Service Providers are not responsible for the contents of any linked site or any link contained in a linked site. Links provided on the Customer Portal are provided to you only as a convenience and the inclusion of any link does not imply endorsement by Engine of, and Engine accepts no liability in respect of the content of, any such linked site. You link to any linked sites at your own risk.
Under no circumstances shall the Service Providers be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the service or to access the Customer Portal or any part thereof, or your reliance on or use of information or services provided on or through the Customer Portal, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, or any act or omission of a Service Provider in connection with the Customer Portal or information provided by you. You agree to indemnify and hold harmless the Service Providers from any claim, liability, loss, damage, cost, or expense (including without limitation legal fees) arising out of or related to your use of the Customer Portal, any materials downloaded or uploaded through the service, any actions taken by you in connection with your use of the Customer Portal, or any negligence, fraud and/or misconduct on your part or on the part of any agents or representatives of yours or your breach of this Agreement.
8. Revision of Terms and Conditions
Engine may at any time revise these terms and conditions without notice by posting changes online. You are responsible for reviewing all information posted online and the continued use of the Customer Portal after changes are posted constitute your acceptance of any modified terms and conditions.
9.1. Unless the context otherwise requires, “you” and “your” refers to your capacity as employee, agent or other representative of the company or entity accessing the Customer Portal. Your acceptance of this Agreement is for and on behalf of such company or entity, and you represent and warrant to us that you have power and authority to represent them, and to enter on their behalf into legal and binding obligations, in connection with this Agreement.
9.2. These terms and conditions are governed by the laws of England. If any provision of these terms and conditions is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
9.3. These terms and conditions constitute the entire agreement and understanding between you and ENGINE, and supersede and replace all prior agreements, understandings, representations and warranties, written or oral, between you and ENGINE, with respect to the subject matter hereof.