Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Metals X web site located at www.metalsx.com.au, and all associated sites linked to www.metalsx.com.au by Metals X Limited, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Metals X Limited. ("Metals X"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Metals X reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Metals X grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Metals X, and is protected copyright, trademark laws, and various other intellectual property rights.
Share Price Information
All share price information contained on the Site including any charts and price images are provided by WebLink Pty Ltd. Metals X makes no warranty whatsoever in connection with the share price information including that it is accurate or error-free. Metals X will not be liable to you or any party for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection with the share price information.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content. Metals X reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Metals X server.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Metals X's systems or networks, or any systems or networks connected to the Site or to Metals X.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Metals X or others.
Links to Other Sites and to the Metals X Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Metals X's control, and Metals X is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
METALS X DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. METALS X CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. METALS X DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METALS X DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY METALS X SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST METALS X FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Metals X reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Metals X be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Metals X has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Metals X, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Metals X by any third party due to or arising out of or in connection with your use of the Site.Violation of These Terms of Use
Metals X may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Metals X's rights or property, or the rights or property of visitors to or users of the Site. Metals X reserves the right at all times to disclose any information that Metals X deems necessary to comply with any applicable law, regulation, legal process or governmental request. Metals X also may disclose your information when Metals X determines that applicable law requires or permits such disclosure.You agree that Metals X may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Metals X, for which monetary damages would be inadequate, and you consent to Metals X obtaining any injunctive or equitable relief that Metals X deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Metals X may have at law or in equity.
You agree that Metals X may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Metals X does take any legal action against you as a result of your violation of these Terms of Use, Metals X will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Metals X. You agree that Metals X will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Western Australia.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Metals X with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Metals X with respect to such use are hereby superseded and cancelled. Metals X will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Metals X's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Metals X of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Metals X and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The information contained in this web site is subject to change without notice