1.ACCEPTANCE OF THE TERMS AND CONDITIONS

These Terms and Conditions (“Terms and Conditions”) are entered between you, and NiQuan Energy LLC and NiQuan Energy Trinidad Limited (collectively “the Company”) for this website (“Website”).  By accesses this Website, you agree to be legally bound by these Terms and Conditions. You must read these Terms and Conditions carefully before continuing to access and use this Website. The Terms and Conditions, together with any documents they expressly incorporate by reference, govern your access to and use of this Website. The Terms and Conditions contain disclaimers of warranties, representations, conditions, guarantees and endorsements; exclusions and limitations of liability; waivers of rights and acceptance of risks in relation to access to and use of this Website and the information it contains.  By accessing or using this Website or downloading any content from this Website, you unconditionally agree to these Terms and Conditions and to be bound by them and by applicable laws.  If you do not agree to these Terms and Conditions, you must not continue to access or use this Website or download any content from this Website. ​​

​2. DISCLAIMER

The materials on this Website may include the underlying HTML, text, images, audio clips, video clips, software and other materials (the “Content”) provided by the Company for informational purposes only.  The Company intends the Content on the Website to be accurate and current.  However, since the Content may be compiled from a variety of sources, it is provided to you “as is” and “as available”, without warranties of any kind whatsoever.  You accept that the Company has no liability for any inaccuracies, errors or omissions.

We may revise and update the Terms and Conditions from time to time in our sole discretion.  Your continued use of the Website following posting of revised Terms and Conditions means that you accept and agree to the revised Terms and Conditions.  You are expected to check this page each time you access the Website so that you are aware of changes which are binding on you.

We have the right to withdraw or amend this Website in our sole discretion without any notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions and comply with them.

The Company accepts and assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content and disclaims all warranties, representations, conditions, guarantees or endorsements, whether express or implied by law, statute, trade usage or otherwise, with respect to the Content and to any matter relating to the Website, including but not limited to, implied warranties and/or conditions of merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for any particular purpose.  Without limiting the generality of the foregoing, the Company does not give or make any express or implied warranties, representations, conditions, guarantees or endorsements to the effect that the Website will operate error-free or that this Website and its server are free of computer viruses or other harmful mechanisms; or that any such problems that are discovered will be corrected.  Under no circumstances will the Company be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise including but not limited to those arising from the use of or inability to use this Website, or any of its Content, or from any action or decision taken as a result of using this Website or any such material.

The Content of this Website does not and is not intended to constitute financial, legal or other professional advice and you must always seek advice from a professional adviser before relying upon or otherwise using or acting upon any of the Content of this Website.

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.  To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any Website linked to it.

​3. EXCLUSION OF LIABILITIES

Under no circumstances will the Company, its parent, subsidiaries or affiliate companies, its shareholders, directors, officers, employees, agents or representatives be liable for or obligated to pay any claims, losses, costs, expenses or damages whatsoever, including any direct, indirect, special, incidental, consequential, punitive, exemplary or similar damages, including, but not limited to, loss of data, business interruption, or loss of anticipated revenue, product or contract, arising out of or in connection with any use of this Website or any other site you may access through this Website, or with any use of the Content of this Website.  You accept that your sole and exclusive remedy is to discontinue using and accessing this Website.

4. INDEMNITY 

You agree at all times to defend, indemnify and hold the Company, parent company, affiliate company and its shareholders, directors, officers, employees, agents and representatives from any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorneys’ fees, sustained, incurred or paid by the Company related to or arising out of (a) any violation of these Terms and Conditions by you or by any user of your account or (b) an act or omission or your negligence resulting from use of the Website, by you or by any user of your account.

​5. LINKS

Links available on the Website (the “Links”) may allow you to link to third party websites not maintained or controlled by the Company.  The Company provides these links for your convenience and is not responsible for the contents of any linked site.  Using such Links is at your own risk.  The Company cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for any particular purpose of any information available through the Links, and makes no representation or endorsement whatsoever about any other website, which you may choose to access through the Website.  The Company is not liable for any contents or accuracy of same provided by third parties whatsoever.  Although the Company uses all reasonable efforts to ensure that all software provided on this Website is suitable for use on a wide variety of computer systems, you must take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part whatsoever.
This Website may provide certain social media features that enable you to:

i)      Link from your own or certain third-party websites to certain content on this Website.

ii)     Send emails or other communications with certain content, or links to certain content, on this Website.

iii)    Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

We may disable all or any social media features and any links at any time without notice in our discretion.

 6. USE OF THE WEBSITE

A. GENERAL PROVISIONS

You must not introduce into or through this Website any information or material that may be harmful to the Company or others.  You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity.

You accept that this Website and its entire contents, features and functionality including but not limited to all information, software, text, displays, images, video and audio and the designs, selection and arrangements thereof are owned by the Company, its licensors, or other providers of such materials and that such rights are protected by Trinidad and Tobago and international copyright, trademark, patent, trade secrets and other intellectual property or proprietary rights laws.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

B. PROHIBITED USES

You must only use the Website for lawful purposes and in accordance with these Terms and Conditions.  You agree not to use the Website:

i)      In any way that violates any applicable local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US/Trinidad and Tobago or other countries).

ii)     To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions.

iii)   To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

iv)    To impersonate or attempt to impersonate the Company, its parent company and affiliates, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

v)     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

i)      Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

ii)     Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

iii)   Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

iv)    Use any device, software, or routine that interferes with the proper working of the Website.

v)     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

vi)    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

vii)  Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

7. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Trinidad and Tobago and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 The Terms and Conditions permit you to use the Website for your personal, non-commercial use and you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, reproduce, download or transmit any of the material in the Website except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

ii)     You may store files that are automatically cached by your Web browser for display enhancement purposes.

iii)   You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

iv)   If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

v)     If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

i)      Modify copies of any materials from this Website.

ii)     Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

iii)   Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  If you wish to make any use of material on the Website other than that set out in this section, please address your request to [email protected]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Content must not be copied, used or re-published in whole or in part without the prior written permission from the Company and without acknowledging the source, either by the use of appropriate words or by our copyright notice (© NiQuan Energy).

The trademarks, logos and service marks displayed on this Website (collectively the “Trademarks”) are registered and unregistered trademarks of the Company and of others.  Nothing contained on this Website shall be construed as granting, express or implied or otherwise, any license or right to use any Trademark without the express prior written permission of the Company or such third party as may own any Trademark.  Your infringement of any Trademark or any other Content on this Website is strictly prohibited.

​8. PRIVACY STATEMENT

The Company respects your privacy and has a data protection and privacy policy.  By accessing this Website, you unconditionally acknowledge and accept this policy.

9. GOVERNING LAW AND COMPETENT JURISDICTION

Your use of this Website and any downloads from this Website, and the operation of these Terms and Conditions is governed by and will be construed in accordance with the laws of the Republic of Trinidad and Tobago.  All disputes, controversies or claims arising out of or in connection with the Website, including these Terms and Conditions, shall be submitted to and be subject to the jurisdiction of the courts of the Republic of Trinidad and Tobago and accessing and using this Website, you submit to those courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Website.

10.ENTIRE AGREEMENT

These Terms and Conditions and our Data Privacy Policy constitute the sole and entire agreement between you and the Company regarding this Website and suspends all prior and contemporaneous representations, warrants and understandings regarding the Website. All feedback, comments, requests for technical support and other communications relating to this Website should be directed to [email protected]

DATA PROTECTION AND PRIVACY POLICY

1.   ​​By accessing or otherwise using our Website and by providing the Company with any personal information, you consent to the use of your personal information as set out in this section.  You must not send us any personal information if you do not want your personal information to be used in this way.

2.  The Company collect and use certain types of information about individuals who may have dealings with the Company, its own employees, suppliers and others with whom it conducts business

3.  The Company may collect your personal data when you:

use or access this Website;
request information or email an enquiry to the Company;
send personal data to the Company by any means.

4.  The Company may use your personal data for any of the following purposes:

to carry out and fulfil any contractual, statutory or other legal obligations;
to provide and improve services to you;
to manage the relationship between the Company and you and to communicate with you;
to administer and improve this Website including the compilation of Website usage statistics;
to market, enhance and improve services;
to maintain internal record keeping and audits;
for recruitment;
as required by law; and/or
for other legitimate business purposes.

5.  You agree that the Company may share your personal data with:

Government, regulatory and similar bodies;
Other businesses and professional third parties (e.g. our service providers, IT hosting and maintenance providers and other contractors) who may be engage to help the Company its business;
Analytics and search engine providers that assist the Company in the improvement and optimisation of this Website;
Such other entities or bodies as my be required by law; and
Other parties to which you authorise the Company to release it.

6.  Your personal data may be kept in paper files and/or held in electronic form (e.g. on IT systems, in emails, on the cloud or in databases).  It may be transferred to an entity, and/or stored at a destination outside the Republic of Trinidad and Tobago e.g. the Company may transfer your personal data to the Company’s professional service providers, agents or suppliers for the purposes described above.  This means that your personal data may be transferred to another jurisdiction which may not have the same data protection laws, as are applicable in the Republic of Trinidad and Tobago.  Any transfer of your personal data to another jurisdiction would be carried out in accordance with the prevailing data protection laws and regulations.

7.  You accept that no data transmission over the internet can be guaranteed to be entirely secure.  While the Company is committed to protecting your personal data, it can neither ensure nor warrant the security of any information you transmit to the Company and you do so at your own risk.  The Company will take all steps reasonably necessary to ensure that your data is treated securely.