Terms and Conditions

Access to the chi-x.com.au and tracr.com.au websites (the “Sites”) is granted by Chi-X Australia Pty Ltd (“Chi-X”), subject to the following terms and conditions (the “Terms and Conditions”). Use of the Sites constitutes your agreement to be bound by all such Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not proceed to access or use the Sites.

While Chi-X takes care preparing the materials and information made available via the Sites (“the Materials”), it makes no representations or warranties and excludes all liability (including for negligence) in connection with the Materials, to the extent it is permitted by law to do so.

Materials are provided for informational purposes only and should not be construed as investment advice and Chi-X shall not be liable for any errors, miscalculations or omissions in the Materials.

Under no circumstances are the Materials to be used as a basis for, or considered as an offer to engage in, any activity or the purchase or sale of any security, TraCR or other financial product. Nor should the Materials be considered as a solicitation or recommendation for the purchase, sale, or offer to purchase or sell any security, TraCR or other financial product.

  1. Intellectual Property: Chi-X is the owner of the Sites and, together with third parties whose materials are used by Chi-X under license, is the owner of all intellectual property rights in all the Materials used herein. The Materials may not be copied, distributed or transmitted in any manner without the prior written consent of Chi-X. You may download, print and store copies of the Materials for your own personal, non-commercial use, provided that the Materials are not modified or altered in any manner, and no copyright or trademark notices are deleted or changed.

    Except as expressly permitted, no license is granted with respect to any intellectual property rights, and all right, title and/or interest in and to the Materials and/or any products, services, technology and/or software described on the Sites, shall at all times remain the property of Chi-X, its affiliates, licensors or any applicable third party. You acknowledge that certain products, services, technology and/or software described in or used in connection with the Sites may be the subject of intellectual property rights of third parties.

    The trademarks, service marks and the Chi-X logo (collectively “Trademarks“), displayed on the Sites are registered and unregistered Trademarks of Chi-X, its affiliates, licensors or third parties. Nothing contained on the Sites should be construed as granting any license or right to use any Trademark without the prior written consent of Chi-X or the third-party owner. Chi-X may pursue all remedies available under civil and criminal law to enforce its intellectual property rights.

  2. Chi-X Indices: The indices for the Chi-X market created by Chi-X (“Indices”) are the exclusive property of Chi-X, which has contracted with Singapore Exchange Limited (“SGX”) to calculate, manage and administer the Indices. “Calculated by SGX” and its related stylized mark(s) have been licensed for use by Chi-X. Neither SGX nor any of its affiliates sponsor and promote the Index and none shall be liable for any errors or omissions in the Indices.

  3. Third Party Rights: The Sites may contain content provided by third parties (“Third Party Content”). Chi-X is not responsible for monitoring, approving, updating or reviewing any Third Party Content. Chi-X does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Chi-X neither warrants nor represents that your use of the Materials will not infringe the rights of third parties.

  4. Password Protected Pages: Access to and use of password-protected pages of the Sites is restricted to authorized users only. You acknowledge and agree that you will be responsible for maintaining the confidentiality of your password and any acts or omissions under your password.

  5. Liability Restrictions: ALL MATERIALS ON THE SITES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CHI-X ACCEPTS NO LIABILITY FOR, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ACCURACY.

    The Materials on the Sites have been prepared by Chi-X from internal and external sources, which we believe to be reliable. While Chi-X uses reasonable efforts to include accurate and up to date Material through the Sites, Chi-X does not guarantee, represent or warrant the accuracy, adequacy, completeness or validity of the Materials on the Sites, including any market data, and hereby expressly disclaims any liability for errors or omissions in such Materials, to the fullest extent permitted by law. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Materials available through the Sites. Chi-X shall not be liable for any damages or injury arising out of access to or use of the Materials on the Sites.

    To the fullest extent permitted by law, none of Chi-X and its affiliates (together, the “Chi-X Group”), nor any other party involved in creating, producing or delivering the Sites shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Materials or other matters presented on the Sites; 2) any errors, omissions or inaccuracies in the Materials or other matters presented on the Sites regardless of how caused, or delays or interruptions in delivery of the Materials or other matters presented on the Sites; 3) any decision made or action taken or not taken in reliance upon the Materials or other matters presented on the Sites; 4) any damages or injury resulting from your access to the Sites, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access the Sites; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the Materials or the Sites.

  6. Restrictions on Use:

    The Materials:

    The Materials on the Site are provided for informational purposes only and may only be used for such purpose and do not constitute a solicitation, invitation, offer, opinion or recommendation to buy, sell or subscribe for any securities or other financial instruments. Chi-X does not provide any legal, tax, accounting or investment advice concerning the suitability or profitability of any security or investment. The Materials provided through the Sites should not be construed as an attempt to provide investment advice or services regarding the suitability or profitability of any security or investment.

    The Materials may not be used for any illegal purpose or in any manner inconsistent with these Terms and Conditions. The Materials may not be used in any manner that would subject Chi-X or its affiliates to any registration requirements in any jurisdiction or country. You may not display any data from the Sites in any way that creates a misleading impression or likelihood of confusion that such data is from any source other than Chi-X.

    Your information, postings and access:

    You agree that information provided to Chi-X by you and your organisation may be used within the Chi-X Group and outside Australia to administer, support and improve the services of Chi-X and the Chi-X Group. Any information posted by you on the Sites or communicated in a forum or chat area becomes public information. While Chi-X strives to protect and respect your privacy, we cannot guarantee the security of any information you post on the Site or disclose in a forum or chat area (see our Privacy Policy).

    You are prohibited from posting or transmitting on the Sites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to the civil liability or otherwise violate any law. Chi-X will fully cooperate with any law enforcement authorities or court order requesting or directing Chi-X to disclose the identity of anyone posting any such information or materials.

    Chi-X reserves the right to terminate your access to the Sites.

  7. Linking Disclaimer: Chi-X has not reviewed all of the sites linked to the Sites and is not responsible for the content of any off-site pages or any other sites linked to the Sites. Chi-X provides links to other internet sites solely as a convenience to its users (“Independent Sites”). Your linking to any Independent Sites is at your own risk. By accessing Independent Sites through links provided by Chi-X, you agree to follow the terms and conditions of those Independent Sites. The material available on the Independent Sites has been produced or provided by independent providers and Chi-X has no responsibility or liability for such material. Any opinions or recommendations expressed in the Independent Sites are solely those of the independent providers and are not the opinions, recommendations or views of Chi-X. Any links to Independent Sites are not intended as referrals or endorsements but are merely provided for convenience and information purposes.

    CHI-X ACCEPTS NO LIABILITY FOR, AND HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE WITH RESPECT TO THE INDEPENDENT SITES AND THE MATERIAL AND INFORMATION THEREIN CONTAINED OR EXPRESSED.

    Without limiting the foregoing, Chi-X does not guarantee, represent or warrant, and hereby expressly disclaims liability for, the timeliness, accuracy, sequence, adequacy or completeness or any facts, material or information contained in any of the Independent Sites. Chi-X reserves the right to add or discontinue links to any of the Independent Sites at any time and for any reason.

  8. Applicable Law: By accessing or using the Sites, you agree that the laws in force in New South Wales shall govern your use and access of the Sites, and you agree to irrevocably submit to the exclusive jurisdiction of the courts of New South Wales. You hereby agree that jurisdiction and venue are proper in such courts. The Sites are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

  9. Amendment to Terms and Conditions: Chi-X may at any time, revise these Terms and Conditions by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.