Terms of Use
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Welcome to Al Banyan Tree’s website and services. These Terms of Use (“Terms”) govern your access to and use of our online platform, client dashboards, subscription services, and any content or functionality therein (collectively, the “Services”). By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services. We may update these Terms from time to time, and will notify users by updating the date above and/or providing notice within the Services. It is your responsibility to review these Terms periodically. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By registering an account or using the Services, you represent that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms (in which case “you” refers to that entity).
Account Creation: Some of our Services (such as subscribing to reports or accessing client dashboards) require you to create an account. You agree to provide accurate, current, and complete information during signup, including a valid email address and any other information we require for setup or billing. You are responsible for maintaining the confidentiality of your account credentials (username and password). Do not share your login details with others. You must notify us immediately at [support@companydomain.com] if you suspect any unauthorized use of your account or a security breach. We are not liable for any loss or damage arising from your failure to keep your account secure.
Account Use: You agree to use your account solely for your personal or internal business purposes, and not to impersonate any person or entity or misrepresent your affiliation. Each subscription account is meant for a single user or a defined number of users under a corporate plan. Sharing login credentials among multiple individuals (beyond what is permitted by your plan) is a violation of these Terms and may result in suspension of access. We reserve the right to disable any account, at our discretion, if we believe there is a violation of these Terms or suspicious activity.
Account Creation: Some of our Services (such as subscribing to reports or accessing client dashboards) require you to create an account. You agree to provide accurate, current, and complete information during signup, including a valid email address and any other information we require for setup or billing. You are responsible for maintaining the confidentiality of your account credentials (username and password). Do not share your login details with others. You must notify us immediately at [support@companydomain.com] if you suspect any unauthorized use of your account or a security breach. We are not liable for any loss or damage arising from your failure to keep your account secure.
Account Use: You agree to use your account solely for your personal or internal business purposes, and not to impersonate any person or entity or misrepresent your affiliation. Each subscription account is meant for a single user or a defined number of users under a corporate plan. Sharing login credentials among multiple individuals (beyond what is permitted by your plan) is a violation of these Terms and may result in suspension of access. We reserve the right to disable any account, at our discretion, if we believe there is a violation of these Terms or suspicious activity.
Services and Plans: We offer various services – including free content (such as blog articles or sample reports) and paid subscription services (premium analytics, data feeds, consulting packages, etc.). The specific features and pricing of our subscriptions or offerings will be as described on our website or in a separate order form or contract. By signing up for a paid service, you agree to pay the fees indicated for that service.
Billing: For subscriptions, fees are typically charged in advance on a periodic basis (e.g., monthly or annually). You will provide a valid payment method (credit card, bank transfer, or other) and authorize us to charge it for the subscription fees, and any applicable taxes. If your payment method fails or your account is past due, we may attempt to re-charge after a short interval, and/or we reserve the right to suspend or terminate your access to paid features until payment is received. You are responsible for any bank or payment provider fees. All fees are listed and charged in [currency, e.g., USD or HKD] unless stated otherwise.
Renewals: Subscription Auto-Renewal: To ensure uninterrupted service, subscriptions will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel before the next renewal date. We will notify you of upcoming renewals for long-term plans as required by law. You can cancel renewal through your account settings or by contacting support. If you cancel, you will retain access until the end of the current paid term, and then the subscription will not renew. No further charges will be made, but we do not generally provide pro-rated refunds for mid-period cancellation (except where required by law or our money-back guarantee policy, if one is offered).
Refunds: Our general policy is that fees are non-refundable once paid, except in the case of a material defect in the Service or as required under consumer protection laws. However, if you believe there is an error in billing or you are unsatisfied due to a problem on our end, please contact us – we value our clients and will review refund requests on a case-by-case basis. Any approved refunds will be processed to the original payment method when possible.
Changes to Fees: We may change the pricing of our Services or introduce new charges for new features. For existing subscriptions, any fee increase will be communicated to you in advance and will apply only at the start of a new billing period. If you do not agree to the new price, you may cancel your subscription before the change takes effect.
Billing: For subscriptions, fees are typically charged in advance on a periodic basis (e.g., monthly or annually). You will provide a valid payment method (credit card, bank transfer, or other) and authorize us to charge it for the subscription fees, and any applicable taxes. If your payment method fails or your account is past due, we may attempt to re-charge after a short interval, and/or we reserve the right to suspend or terminate your access to paid features until payment is received. You are responsible for any bank or payment provider fees. All fees are listed and charged in [currency, e.g., USD or HKD] unless stated otherwise.
Renewals: Subscription Auto-Renewal: To ensure uninterrupted service, subscriptions will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel before the next renewal date. We will notify you of upcoming renewals for long-term plans as required by law. You can cancel renewal through your account settings or by contacting support. If you cancel, you will retain access until the end of the current paid term, and then the subscription will not renew. No further charges will be made, but we do not generally provide pro-rated refunds for mid-period cancellation (except where required by law or our money-back guarantee policy, if one is offered).
Refunds: Our general policy is that fees are non-refundable once paid, except in the case of a material defect in the Service or as required under consumer protection laws. However, if you believe there is an error in billing or you are unsatisfied due to a problem on our end, please contact us – we value our clients and will review refund requests on a case-by-case basis. Any approved refunds will be processed to the original payment method when possible.
Changes to Fees: We may change the pricing of our Services or introduce new charges for new features. For existing subscriptions, any fee increase will be communicated to you in advance and will apply only at the start of a new billing period. If you do not agree to the new price, you may cancel your subscription before the change takes effect.
You are granted a limited, non-transferable, non-exclusive right to access and use our Services and content for your own internal use, subject to these Terms and any scope (e.g., user count, data usage limits) outlined in your specific plan. All use must be lawful and in compliance with these Terms. Prohibited uses include, without limitation:
- No Unlawful or Harmful Activity: You shall not use the Services for any illegal purpose, or to transmit any content that is unlawful, harmful, defamatory, obscene, invasive of another’s privacy, harassing, or otherwise objectionable. You agree to comply with all applicable laws and regulations in connection with your use of the Services, including export control laws if relevant (for example, not exporting or re-exporting certain technical data in violation of law).
- No Unauthorized Access or Security Interference: You must not attempt to gain unauthorized access to any portion of our systems or Services not intentionally made available to you. This means no hacking, password “mining,” or any other illegitimate means of accessing data. Additionally, you shall not probe or test the vulnerability of our infrastructure, breach security or authentication measures, or interfere with or disrupt the Services (including via viruses, denialof-service attacks, spam, or other harmful code).
- No Misuse of Data or Content: You shall not misuse our analytics or data in a way that violates our Copyright Policy or any third-party rights. This includes scraping data from our platform outside the allowed use, or using our service outputs in an unauthorized way (such as redistributing reports as described in the Copyright Policy). Also, do not input or upload any data to our systems that you do not have rights to use or share.
- No Impersonation or False Accounts: Do not impersonate any person or entity, or falsely state or misrepresent yourself (including creating accounts under a fake name or email). Also, if we have implemented any user verification processes, you must adhere to them and provide truthful information.
- No Competitive Use: Because our platform and content is proprietary, using the Services to develop or enhance a competing product or service is not allowed. Similarly, framing or mirroring our website, or systematically collecting data from our Services for a competing database, is prohibited.
The Services and all content provided therein (including data, text, graphics, logos, and software) are protected by copyright, trademark, and other intellectual property laws. As between you and us, Al Banyan Tree retains all intellectual property rights in the Services. You must respect all such rights:
- Our Content: All content available through the Services is owned by us or our licensors (as detailed in our Copyright Policy). It is provided to you for informational purposes and internal use only. You may not copy, modify, distribute, or create derivative works from our content except as expressly permitted. Any use of our content outside the scope of what is allowed (for example, sharing a full report publicly) requires our prior permission. We reserve all rights not expressly granted to you 11. If you violate our intellectual property rights, your rights under these Terms will cease immediately and you must, at our option, return or destroy any copies of content you have made.
- Your Content: If you upload or submit any content or data to the Services (for instance, uploading data to a custom model on our platform), you retain your ownership of that content. You grant us a limited license to use, host, and process that content as needed to provide the Services to you (for example, to run the model or provide support). We will not use your content for other purposes without your consent. Please ensure you have all necessary rights to submit any content and that it does not infringe others’ rights.
- Trademarks: Our company name, logo, and all related names and logos are our trademarks. You are not permitted to use them without our written consent, except as allowed by law (such as factual references or as described in our Trademarks Statement). All third-party names or logos mentioned in the Services are trademarks of their respective owners and are used for identification purposes only 10. Using our site does not grant you any rights to use any trademarks (ours or third parties’).
- Feedback: We appreciate feedback, ideas, or suggestions (“Feedback”) you may provide to improve our Services. If you choose to submit Feedback, you agree that we can use it freely without any restriction or compensation to you. This helps us incorporate the best ideas into our platform. You acknowledge that Feedback is not confidential and that we may already be considering similar ideas.
No Professional Advice: The information and analysis we provide through our Services (including market data, forecasts, commentary, and research reports) are for general informational purposes. They do not constitute financial, investment, legal, or other professional advice specific to you. We are not investment advisors or brokers, and we do not recommend any securities or commodities. You should not make investment or trading decisions solely based on our Services. Always consider seeking advice from qualified professionals and conduct your own due diligence before making significant decisions. Any reliance you place on the information from our Services is strictly at your own risk. The data, charts, and signals we provide, while derived from our models and sources believed reliable, are not guaranteed for accuracy or completeness 18. Past performance or historical patterns shown in our analysis are not indicative of future results. The commodity markets (and any financial markets) carry inherent risks and uncertainties; our analytics are one tool among many, and no analytic can predict the future with certainty 19. By using our Services, you acknowledge that the information provided is not intended as and does not constitute financial advice 20, and we are not responsible for any decisions you make or losses you incur based on it 20.
Service Provided “As Is”: We strive to maintain high quality and availability of our Services, but they are provided on an “as is” and “as available” basis. Al Banyan Tree disclaims all warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law 21. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your requirements, achieve any intended results, or be uninterrupted, secure, or error-free 22. We do not warrant the accuracy, completeness, or timeliness of the information on our platform 22, though we endeavor to correct known errors promptly. You understand that use of the Services involves transmission of data over networks that we do not control, and thus we cannot guarantee that communications or content won’t be accessed or altered by others. We make no warranty that our site or servers are free of viruses or other harmful components, though we take reasonable steps to secure our systems 23. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk.
Third-Party Services and Links: Our Services may include integrations or links to third-party websites or services (such as payment processors, or external analytics dashboards). These are provided for convenience, and we do not endorse or assume responsibility for any third-party sites or services. Use of third-party services may be subject to those third parties’ terms and privacy policies. Al Banyan Tree is not responsible for any third-party content or actions, and if you access any third-party websites or services, you do so at your own risk 24. We also do not warrant any information received from third parties (for example, market data from external sources) and provide it on an “as is” basis as well.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum duration permitted by law.
Service Provided “As Is”: We strive to maintain high quality and availability of our Services, but they are provided on an “as is” and “as available” basis. Al Banyan Tree disclaims all warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law 21. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your requirements, achieve any intended results, or be uninterrupted, secure, or error-free 22. We do not warrant the accuracy, completeness, or timeliness of the information on our platform 22, though we endeavor to correct known errors promptly. You understand that use of the Services involves transmission of data over networks that we do not control, and thus we cannot guarantee that communications or content won’t be accessed or altered by others. We make no warranty that our site or servers are free of viruses or other harmful components, though we take reasonable steps to secure our systems 23. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk.
Third-Party Services and Links: Our Services may include integrations or links to third-party websites or services (such as payment processors, or external analytics dashboards). These are provided for convenience, and we do not endorse or assume responsibility for any third-party sites or services. Use of third-party services may be subject to those third parties’ terms and privacy policies. Al Banyan Tree is not responsible for any third-party content or actions, and if you access any third-party websites or services, you do so at your own risk 24. We also do not warrant any information received from third parties (for example, market data from external sources) and provide it on an “as is” basis as well.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum duration permitted by law.
To the fullest extent permitted by applicable law, Al Banyan Tree and its affiliates, officers, employees, agents, and partners will not be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever, or any loss of profits, revenues, data, or business opportunities, arising out of or in connection with your use of (or inability to use) the Services, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages 25. This limitation of liability applies to, for example, any losses that result from decisions you make based on information from our Services, any errors or omissions in our data, any downtime or unavailability of the Services, unauthorized access or alteration of your transmissions or data, or the cost of procuring substitute services.
In no event shall our total cumulative liability for any claims arising out of or relating to these Terms or the Services exceed the amount you have paid to us for the Services in the six (6) months immediately preceding the event giving rise to the claim (or, if you have not paid any fee, then $0). This means if, for example, you have a subscription at $100/month and incur a loss allegedly due to our Service, our maximum liability would be limited to $600 (6 months of fees). Some jurisdictions do not allow certain liability exclusions or limits (for instance, limitation of liability for personal injury or fraud), so some of these limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
Allocation of Risk: You acknowledge that we set our fees and offer access to the Services in reliance on the disclaimers of warranties and liability limitations in these Terms, and that these provisions form an essential basis of the bargain between you and us. You agree that such disclaimers and limitations will apply to the maximum extent permitted by law, even if any limited remedy fails of its essential purpose.
In no event shall our total cumulative liability for any claims arising out of or relating to these Terms or the Services exceed the amount you have paid to us for the Services in the six (6) months immediately preceding the event giving rise to the claim (or, if you have not paid any fee, then $0). This means if, for example, you have a subscription at $100/month and incur a loss allegedly due to our Service, our maximum liability would be limited to $600 (6 months of fees). Some jurisdictions do not allow certain liability exclusions or limits (for instance, limitation of liability for personal injury or fraud), so some of these limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
Allocation of Risk: You acknowledge that we set our fees and offer access to the Services in reliance on the disclaimers of warranties and liability limitations in these Terms, and that these provisions form an essential basis of the bargain between you and us. You agree that such disclaimers and limitations will apply to the maximum extent permitted by law, even if any limited remedy fails of its essential purpose.
By You: You may stop using our Services at any time. If you wish to terminate your account, you may do so by contacting us or using any account termination interface we provide. Termination of a subscription may be subject to the cancellation terms above (Section 2) regarding timing (you might lose access only after the current paid period ends).
By Us: We may suspend or terminate your access to the Services (or any part thereof, including individual accounts) at our discretion, with or without notice, if we reasonably believe: (i) you have breached these Terms or violated applicable law; (ii) you are misusing the Services or creating harm/risk (legal, security, or otherwise) for us or others; or (iii) our provision of the Services to you is no longer commercially viable (for example, if we discontinue the Service). In most cases, we will attempt to provide notice and an opportunity to resolve the issue, but we reserve the right to immediately suspend in urgent cases (e.g., to prevent harm or legal violation).
If your use of the Services is terminated for any reason: (a) these Terms will also terminate, except for provisions that by their nature should survive (see below); (b) all rights granted to you under these Terms will immediately cease; and (c) we may delete or deactivate your account and all related data, but we may retain certain information as required by law or for legitimate business purposes (in accordance with our Privacy Policy). If we terminate not due to your breach (for instance, if we are shutting down the Service entirely), we may provide a pro-rata refund of any prepaid fees for the remaining period, as appropriate.
Survival: The following sections of these Terms will survive termination: Intellectual Property Rights (Section 4), Disclaimers (5), Limitation of Liability (6), Indemnification (7), Governing Law & Disputes (9), and any other provision which by intent or meaning is intended to survive.
These Terms and any dispute or claim arising out of or related to them or the use of the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (HKSAR), without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Jurisdiction: You agree that any legal action or proceeding arising under these Terms or relating to the Services shall be brought exclusively in the courts of Hong Kong. You consent to the exercise of personal jurisdiction by such courts and waive any objection as to inconvenient forum. However, we reserve the right to seek injunctive relief in any jurisdiction if necessary to protect our intellectual property or enforce our rights.
For users located in the EU or other jurisdictions that have mandatory consumer protection laws, this governing law and jurisdiction clause does not deprive you of any protections or rights you may have under those laws (e.g., you may have the right to bring an action in your country of residence).
Dispute Resolution: We encourage you to contact us first to try to resolve any concern informally. Most disputes can be resolved through our support team. If we cannot resolve through negotiation, then, depending on the nature of the dispute, we can consider mediation or other alternative dispute resolution methods in Hong Kong by mutual agreement.
Jurisdiction: You agree that any legal action or proceeding arising under these Terms or relating to the Services shall be brought exclusively in the courts of Hong Kong. You consent to the exercise of personal jurisdiction by such courts and waive any objection as to inconvenient forum. However, we reserve the right to seek injunctive relief in any jurisdiction if necessary to protect our intellectual property or enforce our rights.
For users located in the EU or other jurisdictions that have mandatory consumer protection laws, this governing law and jurisdiction clause does not deprive you of any protections or rights you may have under those laws (e.g., you may have the right to bring an action in your country of residence).
Dispute Resolution: We encourage you to contact us first to try to resolve any concern informally. Most disputes can be resolved through our support team. If we cannot resolve through negotiation, then, depending on the nature of the dispute, we can consider mediation or other alternative dispute resolution methods in Hong Kong by mutual agreement.
Entire Agreement: These Terms (along with any additional guidelines, policies, or terms referenced herein, such as our Privacy Policy, Copyright Policy, and others) constitute the entire agreement between you and Al Banyan Tree regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. If you have signed a separate written agreement with us for specific services (e.g., a Master Services Agreement for a consulting project), that agreement may supersede or supplement these Terms for the specific services in question to the extent of any conflict.
Waiver and Severability: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
No Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person other than you and Al Banyan Tree (and permitted successors/assigns).
Force Majeure: We will not be liable for any failure or delay in our performance of obligations under these Terms due to any cause beyond our reasonable control, such as acts of God, war, terrorism, civil disturbances, strikes, supply or utility shortages, or failures of the internet.
Notices: We may provide notices to you by email to the address associated with your account, by postal mail if you’ve provided a mailing address, or by postings within the Service (e.g., an in-app notification). You are responsible for keeping your contact information up-to-date. Notices to us should be sent to our contact address in the “Contact Us” section or legal@companydomain.com unless a specific type of notice is required to go to another email per these Terms (e.g., copyright notices).
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Use. If you have any questions or comments about these Terms, please contact us at [support@companydomain.com]. Thank you for choosing Al Banyan Tree for your commodity market analytics and consulting needs.
Waiver and Severability: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
No Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person other than you and Al Banyan Tree (and permitted successors/assigns).
Force Majeure: We will not be liable for any failure or delay in our performance of obligations under these Terms due to any cause beyond our reasonable control, such as acts of God, war, terrorism, civil disturbances, strikes, supply or utility shortages, or failures of the internet.
Notices: We may provide notices to you by email to the address associated with your account, by postal mail if you’ve provided a mailing address, or by postings within the Service (e.g., an in-app notification). You are responsible for keeping your contact information up-to-date. Notices to us should be sent to our contact address in the “Contact Us” section or legal@companydomain.com unless a specific type of notice is required to go to another email per these Terms (e.g., copyright notices).
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Use. If you have any questions or comments about these Terms, please contact us at [support@companydomain.com]. Thank you for choosing Al Banyan Tree for your commodity market analytics and consulting needs.