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16. The Trading Platform

 

16. The Trading Platform


     16.1 You acknowledge that all proprietary rights and Intellectual Property Rights in the Trading Platform are either owned by us, our Associated Companies or by those other third-party service providers (or their respective licensors) as applicable, and are protected under intellectual property and other applicable Laws. Unless specifically set out in the Agreement, you receive no Intellectual Property Rights or other rights in or to the Trading Platform.


     16.2 We shall grant you for the term of the Agreement a personal, limited, non-exclusive, revocable and non-transferable license to use the Trading Platform pursuant to and in strict accordance with the Agreement.

 

     16.3 We may also provide certain aspects of the Trading Platform under license from third parties, and you will comply with any additional terms and conditions and restrictions on your usage that we may notify to you from time to time in accordance with clause 21, or that are otherwise the subject of a separate agreement between you and such licensors.

 

     16.4 Except to the extent expressly permitted under the Agreement, you must not:

 

          16.4.1 supply all or part of the Trading Platform to anyone else;

 

          16.4.2 copy or reproduce all or part of the Trading Platform without our prior written permission;

 

          16.4.3 modify, translate or create derivative works based on the Trading Platform;

 

          16.4.4 reverse engineer, decompile or disassemble the Trading Platform, or otherwise attempt to discover the source code of the Trading Platform; or

 

          16.4.5 take any action compromising or challenging, or threatening to compromise or challenge: (i) the enjoyment or use by any other client of the Trading Platform; or (ii) our rights, our Associated Companies’ rights, or the rights of any of our third party service providers (as applicable) in the Trading Platform.

 

     16.5 If you become aware of any violation of our, our Associated Companies’ or our third-party service providers’ proprietary rights or Intellectual Proprietary Rights in the Trading Platform, you must notify us immediately in writing.

 

     16.6 You represent and warrant that you are aware of all Laws that applies to the Trading Platform and that your use of the Trading Platform complies with and will comply with all Laws and the Agreement.

 

     16.7 You are responsible for obtaining, maintaining and ensuring compatibility of your electronic software, devices and equipment. We will not be responsible for any loss of or damage to your data, software, computer, electronic devices, telecommunications or other equipment caused by use of the Trading Platform, unless such loss or damage is directly and solely caused by our negligence or deliberate default.

 

     16.8 You are responsible for ensuring that your electronic device and equipment are fee from viruses and other malware, and we are not responsible for any losses incurred by failure to do so. We will use reasonable endeavours to ensure that the Trading Platform and our Website can be accessed for use in accordance with the Agreement. We do not, however, give any representations or warranties regarding the performance of the Trading Platform or our Website, or that the Trading Platform or our Website will be accessible, usable, uninterrupted or error free, or will be suitable for any equipment used by you for any particular purpose.

 

     16.9 We may suspend or terminate at any time, with or without cause or prior Notice to you, all or any aspect of the Trading Platform or our Website, or your access to the Trading Platform or our Website, in order to perform maintenance, repairs or upgrades, or change the nature, functionality, composition or availability of the Trading Platform or our Website.

 

     16.10 We will only exercise our right to restrict or suspend if

 

          • Agreement when it falls due;

 

          • you breach any term on which access to the Service is provided to you including, but not limited to, any policies or codes of conduct that we reasonably require you to adhere to in using the services that are made available to you on the Service or in accordance with this Agreement;

 

               • we have reasonable grounds to believe that your continued access to your Account would result in us:

 

               • breaching the Corporations Act 2001 (Cth), any Australian law, or the law of another country; or

 

               • being an accessory to a breach of the Corporations Act 2001 (Cth), Australian law or the law of another country;

 

               • we have any reasonable grounds to believe that your Account is, or may be, being used in connection with a breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or a similar law of another country; or

 

               • you become bankrupt or insolvent.

 

     16.11 We will have no liability to you, whether in contract or in tort (including negligence) or in any other way:

 

          16.11.1 in relation to any loss that you suffer as a result of any delay or defect in or failure of the whole or any part of the Trading Platform; and

 

          16.11.2 in the event that any computer viruses, worms or similar items are introduced into your computer hardware or software via the Trading Platform, provided that we have taken reasonable steps to prevent any such introduction.

 

     16.12 With respect to any market data, market commentary or analysis, charting package or any other data or information that we or any third-party service provider provides to you in connection with your use of the Trading Platform under the Agreement:

 

          16.12.1 we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;

 

          16.12.2 we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;

 

          16.12.3 you will use such data or information solely for the purposes set out in the Agreement;

 

          16.12.4 such data or information is proprietary to us and any provider (as applicable) and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties;

 

          16.12.5 you will use such data or information solely in compliance with the Law;

 

          16.12.6 you will be liable for any applicable market data fees and charges associated with your use of the Trading Platform; and

 

          16.12.7 if required at any time by us or any such provider, you will promptly:

               

               (a) complete and submit to us any information declaration in respect of your status as a user of data or information; and/or

 

               (b) agree to any licence terms and conditions or such other agreement relating to your use and/or redistribution of such data or information, as specified from time to time on our Website or the Trading Platform.

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