1. These Terms
1.1 These terms and conditions (“Terms”) govern your participation in and use of any website, app, web pages, online portal or other electronic services operated by Commodity Insights Pty Ltd (“we” or “us”), (the “Site”).
1.2 These Terms will apply to all users, whether you are accessing, browsing or registering to the Site (“you” or “user”).
1.3 Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms in full, please do not register with us or otherwise continue using the Site. By using the Site, you confirm you accept these Terms and agree to comply with them.
1.4 If you wish to licence any products or services from us, as detailed on our Site, including but not limited to our market reports, separate terms and conditions will apply. These Terms should be read in conjunction with any other terms and conditions which relate to any such product and service and, in the event of any conflict or inconsistency between these Terms and the specific terms and conditions relating to such product or service, the latter shall prevail.
1.5 If you wish to provide content to the Site in the context of marketing or promotion then separate terms will apply.
1.6 We may update these Terms from time to time for legal or regulatory reasons or to allow for the proper operation of the Site. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
1.7 If you do not wish to accept the new Terms you should not continue to use the Site or its associated services. If you continue to use the Site after the date on which the change comes into effect, your use of this Site indicates your agreement to be bound by the new Terms.
1.8 Please also see our Privacy Notice for information about how we collect and use your personal data.
2.1 Generally, use of our Site will require registration, particularly in order to access certain sections of the Site such as our data services.
2.2 We are not obliged to permit anyone to register with the Site and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Site, terminate your registration and/or restrict your access to our Site at any time for any reason.
2.3 Access to certain functionality or features may be restricted or limited, depending on the registration of the user and we reserve the right to add or remove services and functionality from any registration.
2.4 We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Site. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time.
3. Data Protection
3.1 When you register with the Site we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy Notice.
3.2 You are not permitted to, and hereby agree not to, upload any personal information that does not belong to you when you register with the Site. Accordingly, you may be liable under applicable data protection and privacy law if you do.
3.3 You agree that all information supplied on registration will be kept up to date at all times. We will use the information provided to us to contact you. You are required to provide us information including a name, email address, telephone number (for authentication), company, job title and country of location.
3.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you by email and require you to change your passwords on our system, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account, you will not be able to access the Site.
3.5 You are not entitled to allow any other person to use or borrow your log in or profile details, any additional user must register with the Site separately.
4. Use and Abuse of the Site
4.1 The information on this Site is provided purely for information purposes.
4.2 You are not entitled to resell or commercially exploit the contents of the Site, nor are you entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited mail or for any other use.
4.3 You acknowledge and agree that any content you publish or otherwise input into the Site is your sole responsibility for which you will personally liable. [Such content may also be aggregated with other users’ content for our statistical or other business purposes and may be shared with third parties.]
4.4 You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your registration.
4.5 You agree that you will not:
- solicit log-in information or access an account belonging to someone else;
- bully, intimidate, or harass any user of the Site;
- do anything illegal, unlawful, misleading, malicious, or discriminatory using the Site;
- do anything to suggest, express or imply that statements made by you are endorsed by us;
- impersonate any other person whether or not that other person is a user of the Site.
4.7 If you come across any offensive, inaccurate or damaging material on the Site or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
4.8 You agree not to upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device.
5. Advertising, Sponsorship & Third Party Sites
5.1 Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent. We may invite sponsors but any sponsorship will be subject to separate terms.
5.2 Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in/on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
5.3 As a convenience to you, the Site may include links to other websites or materials. We are not responsible for content on any such web page outside the Site so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
6. Our Liability
6.1 We will operate the Site with the reasonable skill and care of an online Site provider and whilst we use our reasonable endeavours to try and ensure that content included in the Site is accurate, verified, complete and reputable, we do not make and therefore exclude, to the extent permitted under applicable law, all representations, warranties or guarantees, whether express or implied, in respect of this.
6.2 Commentary and other materials posted in/on the Site are not intended to amount to advice on which reliance should be placed and we will therefore not be liable for any losses that may be incurred, by you or any visitor to the Site or by anyone who may be informed of any of its contents, as a result of any reliance placed on such materials.
6.3 Services provided through the Site do not extend to detailed monitoring or supervision of content, comments or communications between users of the Site and we will therefore not be liable for any losses that may arise as a result of this.
6.4 From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions will not constitute a breach by us of these Terms.
6.5 We will not be liable for any use of the Site other than for general information purposes.
6.6 We will not be liable if content you have posted and stored on the Site is lost, corrupted or damaged.
6.7 We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business, financial or economic loss; or e) consequential or indirect loss arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
6.8 To the extent we are supplying any products or services to you, as detailed on our Site, different limitations and exclusions of liability will apply to any liability arising as a result of such supply to you, and these which will be set out in those specific terms.
6.9 Nothing in these terms will limit our liability for fraud, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.
7. Cancellation and Termination
7.1 If you wish to cancel your registration, please do so via your account with us or alternatively, you may notify us and we will delete your registration.
8. Intellectual Property & Availability of the Site
8.1 The format and content of the Site is protected by Australian and international trade marks, database right and other intellectual property rights and we reserve all such rights which appear in/on the Site whether owned or licensed to us.
8.2 The Site and its content may not be copied, modified, transferred, reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose (whether commercial or otherwise) without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on Site, except as expressly permitted by law.
8.3 Whilst we have used our reasonable endeavours and exercised reasonable skill and care in the Site we provide to you, we do not warrant or guarantee that any content, including content supplied by us or a third party, is error-free.
8.4 Although we aim to offer you the best Site possible, we make no promise or guarantee that the Site will meet your particular requirements, nor can we guarantee that the Site will be fault-free. If a fault occurs with the Site you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.
8.5 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us.
9. Contact Us
9.1 If you have any questions about these Terms, please contact us at email@example.com, via our contact page.
10. International Use
10.1 We make no promise that materials in/on the Site are appropriate or available for use in locations outside of Australia, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside of Australia, you do so at your own initiative and are responsible for compliance with local laws.
10.2 You will comply with all foreign and local laws and regulations which apply to your use of the Site in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
11.1 We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.
11.2 If you feel that any materials appearing in/on the Site are offensive, objectionable or potentially defamatory please contact us providing full details of the nature of your complaint and the materials to which the complaint relates.
11.3 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
11.4 We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
11.5 These Terms will be subject to the laws of Australia. We will try to solve any disagreements quickly and efficiently however any disputes arising in relation to the same will, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of Australia.
11.6 The Site is operated by Commodity Insights Pty Ltd, whose registered office is in Brisbane, Australia.