Edge Portal Terms of Use
These terms ("Terms of Use"), associated permissions (“Licence”) and conditions apply to CMT Equipment Ltd's various APIs, Data Provision, Data Management Services, Reporting, and Web Services ("Software" and “Information”).
CMT Equipment may at any time revise these Terms of Use without notice. It is your responsibility to regularly review the Terms of Use, which will be available on this website, in the case of any changes.
Your continued use of the Software and/or Information after a change has been made to the Terms of Use will be treated as your acceptance of that change.
1.0 Using Information under these Terms
a) The Software and Information, including all intellectual property rights therein, are and shall remain the exclusive property of CMT Equipment Ltd. You acknowledge that CMT Equipment Ltd retains all rights, title, and interest in the Software and Information and that no ownership or intellectual property rights are transferred to you under these Terms of Use.
b) CMT Equipment grants you revocable, non-exclusive permission to access and use the Software and/or Information solely for your internal business purposes subject to these Terms of Use (as varied from time to time).
c) These Terms of Use do not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
d) These Terms of Use shall apply from the first date of access to the Software and/or Information and shall continue for the period the Software and/or Information is provided to you, or until you breach the Terms of Use.
2.0 Your Rights
a) You are free to:
Copy and transmit the Information for your internal business purposes.
Use the Software for your internal business purposes.
3.0 Your Obligations
a) You must:
Ensure CMT Equipment Ltd’s intellectual property rights, including but not limited to, all logos, design rights, online functionality, custom development, patents and trademarks, are respected.
Only allow access to the Software and/or Information to users directly or indirectly employed (i.e. joint venture staff, temporary staff, and agency staff).
Limit traffic requests up to the maximum calls per minute per endpoint. CMT Equipment reserves the right to throttle or limit access to Software when it is believed the overall service is being degraded by excessive use.
Ensure the information and data you provide on registration or entry/access to the Software and/or Information is accurate.
b) These are important conditions of these Terms of Use and if you fail to comply with them the rights granted to you under these Terms of Use, or any similar licence or Terms of Use granted by CMT Equipment, will end automatically.
c) You are responsible for using the Software and/or Information in accordance with applicable laws, these Terms of Use, and any additional guidelines or policies provided by CMT Equipment Ltd.
d) You are responsible for maintaining the confidentiality and security of your login credentials and/or API keys and shall notify CMT Equipment Ltd immediately of any unauthorized access, use, misuse or suspected breach of security.
4.0 Exemptions
a) These Terms of Use and Licence do not:
Transfer any intellectual property rights in the Software and/or Information to you or any third party.
Provide you any rights to use the Software and/or Information after this Licence has ended.
Provide you any rights to use any other intellectual property rights, including patents, trademarks, and design rights or permit you to:
Use any automated system, software, or process to extract content and/or data, including trawling, data mining, screen sharing and screen scraping except where expressly permitted under a written licence agreement with CMT Equipment.
b) These are important conditions of these Terms of Use and, if you fail to comply with them, the rights granted to you under these Terms of Use, or any similar licence granted by CMT Equipment, will end automatically.
5.0 Prohibited Activities
a) You shall not engage in any activity that could compromise the security or integrity of the Software and/or Information or its users. This includes but is not limited to attempting to gain unauthorized access, introducing malware or viruses, or conducting any form of hacking, cracking, or reverse engineering.
6.0 Breach Notification
a) In the event of a security breach that compromises the confidentiality, integrity, or availability of your data, CMT Equipment Ltd will make commercially reasonable efforts to promptly notify you and provide information about the breach, the impact on your data, and any remedial measures taken.
7.0 Third-Party Services and Links
a) The Software and/or Information may integrate with or provide links to third-party services or websites. CMT Equipment Ltd is not responsible for the security practices or content of such third parties. Your use of any third-party services or websites is subject to their respective terms and conditions and privacy policies.
b) The Software and/or Information may use third party software or open source code to provide its functionality. CMT Equipment Ltd hold no liability for ensuring that this third party software or open source code is free from vulnerabilities or security weaknesses.
8.0 Data Backup and Recovery
a) CMT Equipment Ltd regularly backs up the Software and Information and your data as part of its disaster recovery procedures. However, you are solely responsible for regularly backing up your own data via your internal protocols and processes and maintaining appropriate copies outside the Software and/or Information if relevant (where this does not breach the Terms of Use).
9.0 Confidentiality
a) You agree to treat any non-public information or materials provided by CMT Equipment Ltd as confidential and shall not disclose or use such information for any purpose other than as expressly authorized by these Terms of Use.
10.0 User Authentication and Access Controls
a) CMT Equipment Ltd implements user authentication and access controls such as, but not limited to, API keys, to prevent unauthorized access to the Software and/or Information. You are responsible for maintaining the accuracy, security and confidentiality of your user accounts and any access credentials provided to you.
11.0 Compliance with Laws and Regulations
a) You agree to use the Software and/or Information in compliance with all applicable laws, regulations, and industry standards related to information security, privacy, and data protection.
12.0 Audit Rights
a) CMT Equipment Ltd reserves the right to audit your use of the Software and/or Information to ensure compliance with these Terms of Use and applicable laws. You agree to reasonably cooperate with any such audit.
b) You acknowledge and agree that CMT Equipment Ltd may track and monitor your usage of the Software and/or Information for the purposes of maintaining system integrity, ensuring compliance with these Terms of Use, and improving the Software's functionality. This may include the implementation of automated audit trails to record user actions and system activities.
13.0 Security Measures
a) CMT Equipment Ltd employs commercially reasonable security measures to protect the Software and/or Information and your data from unauthorized access, use, or disclosure. However, you acknowledge that no system is completely secure, and CMT Equipment Ltd cannot guarantee the absolute security of the Software or Information or your data.
14.0 Limitation of Liability
a) To the fullest extent permitted by law, CMT Equipment Ltd shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or data, arising from the use, misuse, or inability to use the Software and/or Information or any content accessed through it.
b) CMT Equipment is not liable for any errors or omissions in the Software and/or Information and shall not be liable for any loss, injury or damage of any kind caused by its use or any inability to use the Software and/or Information. CMT Equipment does not guarantee the continued supply of the Software and/or Information.
c) Nothing in these Terms of Use shall limit either CMT Equipment Ltd's or your liability for death or personal injury caused by negligence, and/or the negligence of either CMT Equipment Ltd's or your respective employees or agents or for fraud.
15.0 Indemnification
a) You agree to indemnify, defend, and hold harmless CMT Equipment Ltd, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses arising from your use or misuse of the Software and/or Information, or any violation of these Terms of Use.
16.0 Non-Endorsement
a) These Terms of Use do not grant you any right to use the Software and/or Information in a way that suggests any official status or that CMT Equipment endorses you or your use of the Information or Software, unless expressly permitted by CMT Equipment Ltd under the terms of an additional Agreement.
17.0 Termination
a) CMT Equipment Ltd may, in its sole discretion, in whole or in part, limit, throttle, restrict, terminate or suspend your access to the Software and Information for any reason, including but not limited to violation of these Terms of Use, non-payment, proven or suspected breach of commercial confidentiality, non-viability of maintaining the Software/Information, or extended inactivity.
b) CMT Equipment Ltd hold no liability for such limitation of access. Upon termination, your right to access and use the Software and/or Information shall cease, and CMT Equipment Ltd may delete any data associated with your account.
18.0 Updates and Modifications
a) CMT Equipment Ltd reserves the right to update, modify, enhance, or discontinue the Software and Information at any time without prior notice. Such updates or modifications may include changes to features, functionality, or security measures.
b)You agree that CMT Equipment Ltd shall not be liable to you or any third party for consequences arising from any such updates, enhancements, modifications, or discontinuation, including any loss of data, disruption of service, or adverse effects on your operations.
c) CMT Equipment Ltd holds no obligation to inform you in the event of any updates or modifications to the Software/Information and shall not be liable to you for any consequences arising from any failure to inform you.
19.0 Non Warranty
a) The Information and Software are licensed 'as is' and CMT Equipment excludes all representations, warranties, obligations, and liabilities in relation to the Information and Software to the maximum extent permitted by law.
20.0 Governing Law
a) These Terms of Use are governed by the laws of England and Wales.
b) CMT Equipment Ltd's Privacy Policy will apply to all personal information collected in connection with your use of the Software and Information. Further information can be found on our Privacy Policy page, which is incorporated by reference into these Terms of Use.
21.0 Severability
a) If any provision of these Terms of Use is held to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
