This page outlines the General Conditions of access to and use of the Site.
Acknowledgment and acceptance of General Conditions
www.xtega.com (Site) is owned and operated by Xtega Pty Ltd (ACN 159 730 935)
(we, us).
Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.
Ownership of content on the site
The materials displayed on the Site, including without limitation all information, text, materials,
graphics, software, tools, results derived from the use of software and tools, advertisements, names,
logos and trade marks on the Site (Content) are protected by copyright, trade mark and other
intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a
third party, post, transmit or distribute this Content in any way except as expressly provided for in
these General Conditions or with our express prior written consent.
Information provided
The Content on the Site provides general information only.
The information provided on this website is not a subsitute for expert advice, including (without
limitation) in connectoin with commodities and commodity pricing and is not intended to replace or
serve as a substitute for any professional or expert advice, consultation or service in connection with
the subject matter and must not be relied upon as such. You should consult with a professional in the
respective professional area and obtain professional advice tailored to your specific circumstances
before making any decisions based on the information provided on this website. Any information on this
website has been prepared using financial modelling for commodity price forecasting based on a general
or a mathematical extrapolation of input data.
You acknowledge that:
we are under no obligation to maintain information on this website;
access to any information obtained for consideration is deemed to have been supplied on your first
viewing of it; and
any person causing robots to visit this site may index the website solely for the purpose of
providing search results for the website.
We make no warranty that the information:
depicted on the website is accurate, current or complete;
will be available on an uninterrupted basis; or
is virus or malware free.
Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of
parts of this Site solely for your own personal use, information, research or study, but only if you
keep all Content intact and in the same form as presented on the Site (including without limitation all
copyright, trade mark and other proprietary notices and all advertisements).
You must not access or use the Site or the Content in any manner or for any purpose which:
is illegal or prohibited by any laws that apply to you;
violates our rights in any way; or
is prohibited by the General Conditions.
You must take your own precautions to ensure that the process which you employ for accessing the
Site does not expose you to the risk of viruses, malicious computer code or other forms of interference
which may damage your own computer system. We do not accept responsibility for any interference or
damage to your own computer system or data which arises in connection with your Access.
You must not use the Content for commercial purposes without first obtaining our express written
authority.
Disclaimer and limitation of liability
Without limiting any express disclaimer contained in any other document on the website:
Although we have no reason to believe that any information contained in this Site is inaccurate, we
do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep
this Site updated.
To the maximum extent permitted by law, we do not accept responsibility for any loss, damage,
liability, charge, expense, outgoing payment or cost (including all legal and other professional costs
on a full indemnity basis) of any nature or kind (Loss) including (without limitation) any liability or
claim suffered or incurred by any person whether arising in contract, tort (including negligence), under
statute or on any other basis in law or equity for loss of profit, loss of revenue, loss of goodwill, or loss of business
opportunity (Consequential Loss) which is caused or contributed to by your reliance on the accuracy or
currency of information contained in this Site. We and our directors, officers, agents, employees and
contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free,
omission-free or free of viruses. The Content is provided “as is” without warranties of any kind,
express or implied, including as to accuracy, timeliness and completeness.
Neither we nor our directors, officers, agents, employees or contractors will be liable for any
Loss or Consequential Loss in connection with your Access, the Content or any omissions from the
Content, except where liability is made non-excludable by legislation.
Indemnity
You must indemnify us and our directors, officers, agents, employees and contractors and keep us
and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal
fees), claims and damages arising from:
any breach by you of the General Conditions; or
reliance by you on any information obtained through the Site; or
your Access to the Site.
Copyright
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned
or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the
Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly
authorised by these General Conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works
from any part of this Site; or
commercialise any information, products or services obtained from any part of this Site.
Trade Marks
Except where otherwise specified, any word or device to which the TM or symbol is attached, is a
trade mark in which we claim proprietary rights.
If you use any of our trade marks in reference to our activities, products or services, you must
include a statement attributing that trade mark to us. You must not use any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this Site).
Termination
We may terminate access to this Site at any time without notice. The General Conditions will
nevertheless survive any such termination.
Governing Law
These General Conditions are governed by the laws in force in Queensland, Australia. You agree to
submit to the exclusive jurisdiction of the courts in Queensland, Australia.
Linking to the Site
No linking is permitted to the Site unless it is the subject of a separate specific written agreement
between you and us.
Advertising and links to other web sites
The Site contains links to third party sites (Linked Sites). Linked Sites are not under our control
and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked
Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of
any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents,
employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
Neither we nor our directors, officers, agents, employees and contractors give any representation
or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites,
nor do we or they accept any responsibility arising in any way (including negligence) for errors in,
or omissions from any Linked Sites or Subsequent Sites.
General
We do not accept any liability for any failure to comply with the General Conditions where the
failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these General Conditions on one occasion, this does
not mean that those rights will automatically be waived on any other occasion.
If any of the General Conditions are held to be invalid, unenforcable or illegal for any reason,
the remaining terms and conditions will nevertheless continue in full force.
Privacy
For information about how we handle personal information, please refer to our
Privacy Policy accessible from the Site.