Terms of Use

1.0 Terms of Use

This page (together with the documents referred to on it) tells you (the “Customer”, “you”, ‘your”) the terms of use on which you may make use of our website www.bunker-ex.com (the “Site”), software via the Site, our brokerage services or an API (the “Services”), whether as a guest or a registered user. Use of our Services includes accessing, browsing, use of API or registering to use our Service. Please read these terms of use carefully before you start to use our services. By using our services, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our services.

2.0 Information About Us

www.bunker-ex.com is a site operated by BunkerEx Limited (“BunkerEx”, “we” or “us”). We are registered in England and Wales under company number 10229926 and have our registered office at New Broad Street House, 35 New Broad Street, London EC2M 1NH.

BunkerEx provides software, an API, a website platform and brokerage services for facilitating the supply of marine fuel between buyers and fuel suppliers.

3.0 How BunkerEx Works

3.1 Software as a Service

Your use of our Service is subject to these terms in their entirety and by using the service you agree to be bound by them.

You need to register with us to fully access the Service and provide as a minimum your full name, e-mail address, and a password. The details provided by you on registration or changed at any later time must be correct and complete.

Our use of your personal information submitted to us via the website or otherwise is governed by our Privacy Policy. Our Privacy Policy can be found at https://bunker-ex.com/privacy. Please see our Privacy Policy for more information on cookies and the data we collect.

If you wish to purchase the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information.

You represent and warrant that:

(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete. You expressly agree that BunkerEx is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

You must inform us immediately of any changes to this information by updating your personal details via the website. BunkerEx may contact you periodically to confirm that your registration details are up-to-date.

BunkerEx may, at its sole discretion, offer the Service with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by BunkerEx until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled the Service, you will be automatically charged the applicable Service fees for the type of Service you have selected.

At any time and without notice, BunkerEx reserves the right to

(i) modify the terms and conditions of the Free Trial offer, or
(ii) cancel such Free Trial offer.

BunkerEx will use commercially reasonable efforts to provide Customers with the Services via the Site. Subject to the terms hereof, BunkerEx will provide Customers with reasonable technical support services.

3.2 Brokerage Services

In addition, BunkerEx is a platform that introduces people who want to purchase marine fuel for their vessel (“Customers”) to suppliers that specialise in the supply of marine fuel on that basis (“Suppliers”). We make it easy for Customers to find Suppliers that can supply marine fuel to their requirements and then utilise our trading system and expertise to obtain competitive prices. If the Customer agrees, the Customer and Supplier will enter into a supply agreement directly. Supply agreements are made exclusively between Customers and Suppliers. BunkerEx collects a fixed, pre-agreed commission from the Supplier for the introduction.

Customers and Suppliers share the responsibility for ensuring hassle-free transactions and they are entirely and solely responsible for the accuracy of the registered Terms and Conditions of their companies. BunkerEx accepts absolutely no liability for this transaction, but is merely a facilitator. All claims relating to a transaction will be resolved between the Customer and Supplier.

Customers and Suppliers are responsible for complying with all laws and regulations applicable to the sale and shipment of marine fuel. The obligation of BunkerEx is to bring the parties together for the purposes of entering into the supply agreement only. BunkerEx disclaims all liability arising from or related to any supply agreement to the fullest extent permitted by law.

4.0 Customers, Suppliers and Fees

4.1 Software as a Service

Customer will pay BunkerEx the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. BunkerEx reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that BunkerEx has billed Customer incorrectly, Customer must contact BunkerEx no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to BunkerEx’s customer support department.

BunkerEx may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by BunkerEx fifteen (15) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.

4.2 Brokerage Services

BunkerEx is not responsible for the conduct of any prospective Customer during the negotiations of any supply agreement.

Suppliers accept that any decision to provide a service to a particular Customer is made solely by the Supplier without any representation, warranty or statement made to him by BunkerEx.

If you are a Supplier, you make an offer via BunkerEx to a Customer who will accept or reject the offer either via the Site, voice (phone), E-mail or an Instant Messenger tool (e.g. Skype or ICE). If the offer is accepted the Supplier will enter into a supply agreement with the Customer under specific terms negotiated between the Supplier and Customer.

By offering via BunkerEx, Suppliers agree to pay a pre-agreed fixed fee in USD per metric tonne of marine fuel supplied to Customers that have been introduced via BunkerEx. Payment is due 30 calendar days after issuance of the invoice unless otherwise stated.

Suppliers are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes retaining collection agencies and legal counsel). In addition we may suspend or restrict you from using our sites, services, applications and tools until full payment is made.

We may choose to temporarily change the fee for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site or in our applications. Suppliers will be notified of any change in advance of that change being made.

5.0 Trading Commitment

Both Customers and Suppliers are responsible for reading the full marine fuel oil listing, including any additional terms the Customer or Supplier provides, before either:

5.1 the Customer accepts an offer made by the Supplier.
5.2 the Supplier accepts a “Firm Counter” or “Target Price” made by the Customer.

Unless otherwise stated, the scenarios in Clauses 5.1 and 5.2 commit Customers to purchase the fuel from the Supplier and commits Suppliers to supply the fuel to the Customer under the Terms and Conditions specified.

If you make a commitment as per Clauses 5.1 and 5.2, you enter into a legally binding contract with the counterparty and you are obligated to purchase or supply the marine fuel respectively. If the marine fuel is not finally purchased due to fault of the Customer, cancellation fees might be applied as per the Supplier’s Terms and Conditions with no liability to BunkerEx. If the marine fuel purchase is not finalised due to fault of the Supplier, BunkerEx accepts no liability in any disputes or claims. BunkerEx may attempt to assist in resolving the dispute or claim, but on the understanding that they carry no liability whatsoever.

Both Customer and Supplier agree that the final settlement of the payment of the marine fuel will be conducted directly, without the involvement of BunkerEx, since BunkerEx is simply a facilitator for this purchase.

Suppliers submit offers under the Terms and Conditions declared by them during the offer process. Any change to the Terms and Conditions after the Customer’s confirmation is considered invalid.

By using BunkerEx to access the BunkerEx database of Suppliers and obtain offers, Customers agree that they shall not accept offers from these Suppliers outside of our Service without prior written agreement from BunkerEx.

Customers and Suppliers are responsible for all insurance of their own property and for insurance normally borne by the purchase and supply of marine fuels. If a Customer or Supplier has any doubt about what insurance is required they should consult their own insurers or insurance brokers.

Customers are responsible for satisfying themselves that the request for marine fuel fits their requirements, both as regards the specific grade of marine fuel and as regards to the quantity. BunkerEx does not warrant that the marine fuel is fit for the purposes of the Customer or that they are free from any defect or vice.

Suppliers are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted in their offers whether on the Site, by voice (phone), by E-mail or by Instant Messenger. BunkerEx disclaims all liability for the legality, accuracy or completeness of any offers submitted by Suppliers and in respect of any proposed contract that fails to complete for any reason whatsoever.

6.0 General Terms

BunkerEx does not at any time provide, or purport to provide, any advice, or advisory services, to Customers, Suppliers or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any supply agreement. BunkerEx disclaims all liability relating to the provision of advice relating to marine fuel. Customers and Suppliers accept that BunkerEx’s role is limited to no more than that of a facilitator.

BunkerEx reserves the right at its sole discretion to remove from the Site or Service any illegal, inaccurate or misleading content, including anything that in its opinion is injurious to BunkerEx’s goodwill or goodwill attaching to the Site or Service, without notice.

BunkerEx makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of the Site, Service and/or the introduction of any prospective Customer to Supplier.

BunkerEx shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by BunkerEx or by third-party providers, or because of other causes beyond BunkerEx’s reasonable control, but BunkerEx shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER, BUNKEREX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND BUNKEREX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.0 Accessing our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, 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 third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

8.0 Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

BunkerEx shall own and retain all right, title and interest in and to

(a) the Services and Software, all improvements, enhancements or modifications thereto
(b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and
(c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, BunkerEx shall have the right collect, analyze and learn from data and data, derivations and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data), and BunkerEx will be free (during and after the term hereof) to:

(i) use such information and data to improve and enhance the Services and;
(ii) for other development, diagnostic and corrective purposes in connection with the Services and other BunkerEx offerings.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.0 Suspension and Termination

9.1 Termination

Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, BunkerEx will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

9.2 Breach

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with acceptable use policy constitutes a material breach of these terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

– Immediate, temporary or permanent withdrawal of your right to use our site.
– Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
– Issue of a warning to you.
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
– Further legal action against you.
– Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

10.0 Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

11.0 Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

12.0 Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

– loss of income or revenue;
– loss of business;
– loss of profits or contracts;
– loss or corruption of data;
– loss of goodwill;
– wasted management or office time;

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

13.0 Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

14.0 Transactions Concluded through our Site

Transactions formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual supply agreement agreed between the users of the site.

15.0 Uploading Material to our Site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

16.0 Viruses, Hacking and other Offences

You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by BunkerEx or authorised within the Services); use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third. BunkerEx hereby grants Customer a non-exclusive, non-sublicensable license to use such Software during the Term only in connection with the Services. Licenses can be transferred between users when a user leaves the Customer or changes their responsibilities and another user in effect replaces this first user at the Customer as a part of ongoing business operations. In the event of such a breach, your right to use our Service will cease immediately.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We 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 our site or to your downloading of any material posted on it, or on any website linked to it.

17.0 Linking to our Site

You may link to our home page, 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 where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to team@bunker-ex.com.

18.0 Links from our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19.0 Anti-Bribery and Anti-Corruption

Each Party undertake that it shall (and shall implement adequate processes and procedures to ensure that its suppliers and sub-contractors shall), in relation to this Agreement and its subject matter:

(a) not engage in any actions that are, or could reasonably be considered to be, offences under the Bribery Act 2010; and

(b) not offer or agree to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do, or for having done or not done, any act in relation to the Agreement (otherwise than as provided for in this Agreement).

20.0 Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21.0 Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

22.0 Your Concerns

If you have any concerns about material which appears on our site, please contact team@bunker-ex.com.