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Terms and Conditions Updated December 9, 2013 4:16 pm
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Phoenix Park Gas Processors Limited’s relationship with your company for all procurement transactions.
The term ‘Phoenix Park Gas Processors Limited’, ‘PPGPL’ or ‘us’ or ‘we’ or “company” refers to the owner of the website whose registered office is Rio Grande Drive, Point Lisas Industrial Estate, Point Lisas, Trinidad West Indies. The term ‘you’, ‘contractor’, ‘consultant’ or ‘vendor’ refers to the user or viewer of our website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- You may not create a link to this website from another website or document
without the Company’s prior written consent.
- What we do with the information we gather
- Any information collected is required to understand your company’s needs and provide a more efficient transaction portal, for the following reasons:
- Internal record keeping.
- Pre-qualification of the Company’s contractors, consultants and vendors
- Measurement, evaluation and review of your performance.
- To remove from the site and/or revoke approval of any user who contravenes ethical, contractual and or moral edicts set out in the Laws of the Republic of Trinidad and Tobago or the Company’s Policies or accepted and approved business practices or industry accepted best practices.
- Any business related use the Company deems acceptable once it does
not violate any confidentiality requirements set out herein or violate
any of the laws of the Republic of Trinidad and Tobago.
- Links to other websites
Our website may contain links to third party websites. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party website. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. The Company also cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. If you decide to access linked third-party websites, you do so at your own risk.
- Controlling your personal information
- Copyright notice
This website and its content is the copyright of the Company. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than for printing or downloading to a local hard disk extracts for your personal and non-commercial use only.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- Site Policies, Modification, and Severability
- Disclaimer of Warranty and Limitation of Liability
This website has been designed in accordance with and complies with the laws of the Republic of Trinidad and Tobago and is intended to be accessed by pre-qualified / approved contractors, consultants and vendors of the Company. All visits to this website shall be governed by the laws of the Republic of Trinidad and Tobago and shall be subject to the jurisdiction of the courts of the Republic of Trinidad and Tobago.
Whilst every effort has been made to ensure the accuracy of information on this website, no guarantee is given and the Company accepts no responsibility or liability as to the accuracy or completeness of the information contained within the website.
Any information on this website is up-to-date at the time it is posted but is subject to subsequent variation without notice.
The Company will not be held responsible for updating or relying on information on the site that is related to or provided by any contractor. Contractors have the responsibility to ensure that information relating to them or uploaded on the website is updated and accurate.
In no circumstances will the Company be liable for the use of any direct or indirect, consequential, special or other damage howsoever resulting from the use of this Site or any other website connected to the Site by means of a hypertext link or otherwise (whether such damage is caused by transmission from the site or a connected website to the User's computer system of viruses, worms, Trojan horses or other destructive items, corrupted data or data incompatible with the User's computer system or third party’s of interception of or access to data of whatever nature including without limitation personal data information transmitted by the User electronically to the Company or otherwise howsoever caused), such damage to include, without limitation, lost profits, interruption to business, loss on the whole or any part of a program or programs or any data howsoever stored whether saved on a computer system or otherwise.
- Governing law and jurisdiction
- Compliance with security procedures
- Electronic Signature / Transactions
- Equipment and Software Requirements.
To use the Company’s Website, you must use a personal computer or other device with the capacity to interface by modem or other device to an Internet Service Provider using current high security encryption methods. Once a live connection to the Internet is established you may access our web site at http://www.ppgpl.com/ or directly at http://www.ppgpl1.com.
These are the present minimum requirements that are required to access and use the system, which may change without notice. We make no warranty or representation regarding the access speed that you will have now or in the future, as such is beyond the control of the Company (depending largely on your computer system and method of access -- e.g., dial up connection vs. DSL or other connection). Also, these minimum requirements are likely to change as technology, software, and other matters continue to evolve.
You are responsible for the set-up, maintenance, and security of your personal computer and modem. Ensure that your personal computer retailer, service technician, and or your Internet Service Provider (ISP) to make certain your personal computer hardware, software, modem, phone connection, and internet service subscription will allow you to connect to the Company Online.
The Company is not responsible for providing any equipment, services or advice related to equipment necessary to interface with the web site, and is not responsible for any error in connections, transmissions or otherwise regarding any system, software, entries or instructions.
- Browser Software.
To use the Company’s website, you need the most recent version available of an industry standard web browser that is compatible with current secure session encryption methods.
Founders recommends you select the most recent versions of Internet Browser Software with encryption enabled for connection to the Company’s Website. Use and access to our website requires the use of a browser that supports SSL and 128 bit encryption or higher. We cannot guarantee access to our website through outdated browser software.
Acrobat Reader ™ software from Adobe Systems, Inc. may be required for reading and printing documentation available at http://www.ppgpl.com/ and http://www.ppgpl1.com/. Internet browser software and Acrobat Reader are generally available free of charge through the Internet, but may require additional Hard Disk storage space on your computer.
- Obtaining Software
Internet browser software is generally available free of charge through the Internet, your Internet service provider, or hardware vendor and may require additional Hard Disk or memory storage space on your computer or handheld device. Check for the availability of browser updates, new versions, and security enhancements regularly through your vendor of choice.
- Virus Protection
We are not responsible for any electronic virus, or viruses, worms, Trojan horse, or other harmful or intrusive components (exploits) that you may encounter through your connection to the Internet. the Company strongly suggests that you routinely scan your personal computer, diskettes, or other storage media using a reliable up-to-date virus protection software product to detect and remove any viruses found. An undetected or un-repaired virus, intrusion, or exploit may corrupt and/or destroy your programs, files and even your hardware. Some virus exploits may also allow intruders to view your personal data and or monitor your connection to the Company’s Website. Check for the most recent virus software updates regularly.
- Performance of Software and Electronic Service and Warranty Disclaimer.
- Electronic Signature
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Company.
- E-Mail Communications
- Liability for Loss or Erroneous Data
- Amendment of this Agreement
To withdraw your consent and agreement to receive electronic records notification must be sent to the Company in writing as set forth in Section 12 D of this Agreement. Withdrawal of your consent will terminate your eligibility to use the Company’s Website for any commercial transactions and your username and password will be immediately removed from the system.
When you use our services or you permit any other person to access your account using our services, you agree to the terms and conditions we have set forth in this Electronic Signature Agreement and any instructional material which we provide you regarding the services. Your use of the services may be made by use of certain numbers, codes, marks, signs, public keys, passwords or other means of establishing your identity and acceptance of the electronic communications which are acceptable to us.
All electronic communications that meet these requirements will be deemed to be valid and authentic, and you intend and agree that those electronic communications will be given the same legal affect as written and signed paper communications. You agree that electronic copies of communications are valid, and you will not contest the validity of the original or copies, absent proof of altered data, or tampering.
By requesting any sign-on, information, other electronic services or transactions, by submitting any documents, agreement, or communication to us electronically, or by e-mailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide you.
Neither we, nor any of our agents, affiliates or any other person(s), nor any software supplier nor information provider represents and warrants to you that the software we may supply to you on our website is free from any defects, computer virus or other software-related problems. In the event of such defects or computer virus caused by our Online software, our sole responsibility shall be limited to the replacement or the reasonable cost of replacement of the software we provided in connection with our Online services. In no event will we be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use our website services, or for any loss of any data, even if we have been informed of the possibility of such damages. If for any reason this exclusion or limitation of liability for indirect, special, incidental or consequential damages is declared unenforceable under the Laws of the Republic of Trinidad and Tobago, our liability is limited to the extent permitted by the applicable law.
FURTHER, NEITHER WE, NOR ANY AGENT, AFFILIATE OR OTHER PERSONS, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse, or inability to use the services, or for any loss of any data, even if we have been informed of the possibility of such damages. We make no warranty to you regarding your equipment or the software, including any warranty of merchantability or fitness for a particular purpose.
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim, or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to an e-mail at the address provided with the communication, the e-mail address in your pre-qualification / registration documents or any other application or written communication actually received by us.
Any authorized user may change the e-mail address for information from us at any time.
Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Company. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.
We can include a line on e-mail sent for successful transmission.
Further, the Company may not immediately receive e-mail communications that you send. Also, we will not take action based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through unsecured e-mail communications. If you need to contact the Company immediately regarding an unauthorized transaction, or otherwise, you may contact us via the contact information provided below:
Phoenix Park Gas Processors Limited
Rio Grande Drive
P.O. Box 225, Port of Spain
Trinidad and Tobago
Phone: (868) 636-1522
Fax: (868) 636-6810
Attention: Mr. Frederick Bowen and Ms. Cecilia Solozano
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
The Company may amend this agreement by giving you notice at least 30 days in advance of the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the services is your agreement to the amendment(s).
We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term of provision in the future.
The Company is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have established suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
The Company will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If not actually the case, the contract under which you use the website shall be deemed to have been made in the Republic of Trinidad and Tobago and the construction, validity and performance of these terms and conditions shall be governed in all respects by the laws the Republic of Trinidad and Tobago and the Trinidad and Tobago Courts shall have non-exclusive jurisdiction in respect of any dispute between you and the Company concerning your use of this website.
Information entered into the website is the property of the Company. Duly authorised representatives of the Company may access any data at any time for business purposes. Suppliers have no rights of ownership, confidentiality or privacy in respect of any such data. the Company specifically reserves the right to access electronic communications and computer files, on current or backup media, as part of investigations into allegations of misconduct, fraud or other wrong doing; for technical maintenance purposes; to assure system security; and to ensure compliance with company policy and/or legal requirements. In such cases, notifying suppliers that their electronic files are being examined is optional and at the Company’s discretion.
The supplier or service provider shall establish and maintain procedures to safeguard against unauthorized access to (our) systems in place for confidentiality and data protection. The supplier or service provider warrants that access to sensitive information on our site will not be allowed by any unauthorized person(s) and that passwords and codes, if any, will be protected using all reasonable modes to ensure their safety.
The User agrees to comply at all times with the security procedures described herein and any subsequent security procedures provided by the procuring entity. The User acknowledges that the purpose of such security procedures is the verification of authenticity and not to detect any error in the transmission or content of any transaction.