You and your company (collectively, “Recipient”) may only obtain access to the Assurance Report by agreeing to comply with the terms set forth below. Such terms should be read carefully as they affect the legal rights of you and your company. Agreement to these terms shall be legally binding upon you and your company. Your agreement and your company’s agreement to this Access Agreement by clicking the “I Read and Agree to the Terms Above” icon below is just as effective as if such agreement was evidenced by a manual signature on a written document and shall be deemed to satisfy any writings requirements prescribed by law.
1.Deloitte Touche Tohmatsu Certified Public Accountants LLP(“DTTC”) accepts no liability ((including without limitation, those arising from negligence) to each Recipient in relation to DTTC's Assurance Report.
2.The Assurance Report will be provided solely to Recipient for information only. Recipient agrees not to disclose, distribute, quote, or reference the Assurance Report (or any part thereof) to any third party without DTTC’s prior written consent.
3.Any use of the Assurance Report is at Recipient’s sole responsibility and judgment and is done so at Recipient’s sole and exclusive risk and such Recipient agrees that it cannot and shall not rely on the Assurance Report.
4.The Assurance Report was prepared with Shanghai Shipping Exchange’s interests in mind. It was not prepared with any Recipient's interests in mind or for its use. The Assurance Report is not a substitute for any enquiries that a Recipient should make. The response of Shanghai Shipping Exchange’s management to the Principles for Oil Price Reporting Agencies published by IOSCO, including description of Shanghai Shipping Exchange’s governance, quality and accountability activities is as at the Reporting Date, and thus the Assurance Report is based on historical information. Any prediction of such information or DTTC's opinion thereon to future periods is subject to the risk that changes may occur after the Assurance Report is issued and the description of controls may no longer accurately portray internal control. For these reasons, such prediction of information to future periods would be inappropriate.
5.Recipient releases DTTC, its subsidiaries and subcontractors, and their respective personnel from all claims, liabilities, and expenses arising out of access to, use of or reliance on the Assurance Report.
6.Recipient indemnifies DTTC, its subsidiaries and subcontractors, and their respective personnel from all claims, liabilities, and expenses relating to a breach of any provision of this Access Agreement by Recipient or any of Recipient’s personnel, including, without limitation, the restrictions on use and distribution of the Assurance Report, or relating to any assertion of reliance by Recipient or any of Recipient’s personnel. The release and indemnification provisions of this Access Agreement will apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise, and Recipient agrees that DTTC will not in any case be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages.
7.Recipient also agrees that by permitting Recipient access to the Assurance Report, Recipient does not acquire any rights as a result of such access and DTTC has not assumed any duties or obligations that it would not otherwise have had.
8.This Access Agreement and all matters arising under or relating hereto (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of People’s Republic of China. Any dispute arising out of or in connection with the Access Agreement shall be referred to and finally resolved by the Shanghai International Economic and Trade Arbitration Commission in Shanghai ("Arbitration Commission"). The arbitration shall be conducted under the rules of Arbitration Commission in force as at the date of this Access Agreement (however, the Summary Procedure under the rules of Arbitration Commission shall not apply). The arbitral tribunal shall consist of three arbitrators. The parties agree to the appointment of arbitrators from outside Arbitration Commission's Panel of Arbitrators.