This website and its content, including without limitation all information, data, images, text, graphics, software, tools, audio and visual materials, trade marks, names, logos (“Website Materials”) are the property of ReCom Trading Pty Ltd, ABN 36 609 871 203 (“RECOM”), unless otherwise specified, and are protected by copyright, trade mark and other intellectual property laws.
These terms apply to your access and use of the Website Materials, and any online services offered via this website, which are conditional at all times on your full compliance with these terms. By accessing this website you acknowledge that you have read and understood these terms and agree to be bound by them. If you do not accept these terms you should immediately cease using this website.
RECOM may change all or part of these terms at any time by displaying the updated terms here. Your subsequent or continued use of this website will constitute your acceptance of any such changes. If you do not accept them you should immediately discontinue your use of this website.
This website may enable access to certain online services (“Online Services”). The Online Services may specify further terms and conditions that apply to them in addition to these terms (“Additional Terms”).
You may be asked to provide RECOM with certain information before accessing or using Online Services. You must provide accurate, complete, and up-to-date information, and notify RECOM of any subsequent changes to the information provided. You must not impersonate anyone, or create a user identity for anyone other than yourself, unless properly authorised to do so. You will be fully accountable for the consequences of providing false or inaccurate information.
You may be assigned with a username or password (“User Details”) in connection with accessing or using Online Services. The User Details are provided to you exclusively for your personal use only. You must keep them strictly confidential and not transfer them to anyone or allow anyone to access them and/or use them. You are fully responsible for all activities which occur under your User Details. You must notify RECOM immediately if you become aware of any unauthorised use of your User Details.
Ownership and use of Website Materials
All copyright in the Website Materials and any other applicable proprietary and intellectual property rights of any kind in or relating to them, are owned by RECOM unless otherwise expressly specified.
RECOM may at any time, without providing notice to you, change, remove, delete or discontinue all or any part of the Website Materials, their content, scope, design, layout or the range, type or cost of services they refer to.
You may use, copy or download, Website Materials for your personal non-commercial use only. Provided that the content of the Website Materials remains as it is (i.e. unchanged), that you do not remove any copyright, trademark or other proprietary notices from the Website Materials or their copies, and that you fully comply with these terms. Except for such right of personal non-commercial use you do not have, and nothing in these terms shall be construed as giving you, any right, title or interest of any kind in or to the Website Materials or any license to use them.
Other than as specified above you must not, without RECOM’s prior written consent, copy, record, mirror, frame, use, reproduce, download to a computer, alter, adapt, modify, process, translate, display, publish or republish, transmit, upload to a third party, post, distribute, broadcast, exploit, create derivative works based on, make commercial use of or otherwise deal with the Website Materials in any way by any means, in whole or in part, and must not allow or assist anyone else to do so.
You may view this website using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for you own personal use, information, research or study, but only if you keep all Website Material intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices).
Any unauthorised use of the Website Materials in breach of these terms may violate copyright, trade mark or other laws, and may result in damage to RECOM for which you may be held liable.
The trade marks listed below, unless indicated otherwise, are trade marks of RECOM:
Where a mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on this website should be construed as being any licence or right of use of any trade mark displayed on this website.
Restrictions on use
You must not use the Website Materials or the Online Services for any unlawful purpose or in breach of these terms, any applicable Additional Terms, or any applicable laws or regulations.
You must not use the Website Materials, or the Online Services, in any manner which could damage, disable, disrupt, manipulate or impair them, their operation or functionality or their use by others. You must not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through this website.
You must not reverse engineer, modify, decompile, disassemble, adapt, alter, modify, copy or otherwise deal with any part of the Website Materials or the Online Services.
You must not act in any way which may infringe or put in disrepute any right, title or interest, RECOM has in or relating to the Website Materials or the Online Services or harm RECOM’s goodwill.
You must not delete any attributions, or legal or proprietary notices, on the Website Materials or the Online Services.
You must not attempt to do any of the foregoing or assist anyone to do so.
Some parts of this website, or certain Online Services, may allow you to submit, upload, insert, post, email, transmit or otherwise make available (all these actions will be referred to as “post”) various materials, including without limitation data, text, comments, correspondence, requests, instructions, information and audio and visual materials (“User Submissions”).
RECOM is not responsible for, and accepts no liability with respect to, any User Submissions posted on this website. RECOM does not endorse any User Submissions, does not guarantee that they will be posted at all or at or for any particular time, and does not give any warranties or representations in relation to User Submissions. Including, without limitation, in relation to their accessibility, accuracy, credibility, reliability, authenticity or validity.
Without RECOM’s prior written consent you must not post User Submissions that contain professional advice of any kind (financial, legal or other), or commercial content, including without limitation advertisements, sponsorships, endorsements or anything promoting or soliciting any goods or services or commercial activities.
By posting User Submissions, via this website, you accept full responsibility for any consequences resulting from the posting of the User Submissions.
You must not post User Submissions or assist anyone to post User Submissions that:
- are in breach of these terms or of any applicable Additional Terms or applicable laws or regulations;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contain viruses, trojan horses, worms, spyware or other malicious, destructive or harmful components;
- are unlawful or promote, encourage or provide, information about any unlawful conduct;
- are, or could, reasonably be expected to be harmful, offensive, abusive, threatening, derogatory, harassing, defamatory, libellous, tortuous, racial, immoral, indecent, pornographic, vulgar, profane, obscene or that are likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- violate or infringe, or could reasonably be expected to violate or infringe, the intellectual property or other rights of RECOM or other; or
- pose or create a risk to anyone or their privacy or property.
Third Party Materials
The Website Materials or the Online Services may contain links to websites or external sources operated by third parties, or to third party products, services, events or activities. It may also contain materials placed by third parties or facts, views, opinions or recommendations of third parties (“Third Party Materials”).
These Third Party Materials are provided in good faith and for your convenience only. RECOM does not accept any responsibility in relation to the Third Party Materials, or their content, and does not control, endorse, recommend or sponsor them or any associated organisation, product, service or subsequent linked site (hyperlink contained in a linked site). RECOM does not give any warranties or representations in relation to the Third Party Materials including, without limitation, in relation to their quality, accessibility, accuracy, relevance, credibility, reliability, completeness, authenticity or validity. Nor does RECOM accept any responsibility arising in any way (including negligence) from errors in, or omissions from, such Third Party Materials.
Your access or use of the Third Party Materials, or communications and transactions between you and the providers of the Third Party Materials, are entirely at your own risk and governed by their applicable terms and conditions which you must comply with. RECOM accepts no responsibility in relation to such access, use, communication and transactions.
In some instances, the Third Party Materials will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by RECOM. The third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Third Party Copyright
We have made all reasonable efforts to:
- clearly label material where the copyright is owned by a third party; and
- ensure that the copyright owner has consented to this material being presented on this website.
Permission may need to be obtained from third parties to re-use their material.
Monitoring and controlling use and access
RECOM may at any time and in its sole discretion:
- Without notice to you monitor and review your access to and use of the Website Materials or any Online Services to ensure compliance with these terms or any Additional Terms.
- Suspend, limit or terminate, your access to or right to use all or any part of the Website Materials or any Online Services including if RECOM believes you have breached these terms or any applicable Additional Terms or are acting in a way that may harm RECOM or anyone else.
Other ways of engaging with us
You should be aware that although we do our best to secure your information there are inherent risks associated with transmitting information via the internet. If you do not wish to use online services you can engage with us by phone or post.
Disclaimer of warranties
This website provides general information only. Nothing in the Website Materials or any Online Services constitutes, or is intended to be, professional advice of any kind (legal, business, financial or other) and you should not rely on them as such. You should make your own enquiries and seek independent professional advice relevant to your particular circumstances before making any decision or taking any action.
The Website Materials (including User Submissions and Third Party Materials) and any Online Services are made available to you “As Is” subject to these terms. To the fullest extent permitted by law RECOM disclaim any warranty or liability of any kind in relation to, or arising from or connected to, the Website Materials or the Online Services (whether express, implied, statutory or other) including, without limitation, in relation to their accessibility, reliability, accuracy, currency, completeness, quality, fitness for any purpose, compatibility, merchantability, performance, timeliness, security, title or non infringement of any rights.
Without limiting the above RECOM does not make any representation or warranty that:
- access to or use of the Website Materials or the Online Services will be available at all times or uninterrupted;
- the Website Materials or the Online Services will be fully functional or free from malfunction, failure or error;
- the Website Materials or the Online Services will be secure or free from viruses, trojan horses, worms, spyware or any other malicious, destructive or harmful components or actions (it is your responsibility to take all appropriate safeguards before downloading any Website Materials); or
- the Website Materials or any Online Services will be accessible, accurate, complete, reliable, up to date, or fit for any purpose.
Your access to and use of the Website Materials and the Online Services are entirely at your own risk. We recommend you exercise your own skill and care with respect to the use of this website and that you carefully evaluate the accuracy, currency, completeness and relevance of the material on this website for your purposes.
You are solely responsible for, and waive and release RECOM from any claim or liability in relation to, any loss, damage, cost, expense or liability of any kind incurred by you directly or indirectly on any account in connection with your access to, use of, or reliance on the Website Materials and Online Services.
Some jurisdictions do not allow exclusion or limitation of warranties so the limitations and exclusions in this section may not apply to you. These provisions do not affect any statutory rights you may have under Australian Consumer Law.
Limitation of liability
Our internal network and databases are protected from unauthorised access using a range of security controls. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.
RECOM accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website or its use. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
The user assumes all risks associated with the use of this website including but not limited to:
- risk or the user’s computer, software or data being damaged by any virus, however described, which might be transmitted or activated via the website or your access to it;
- risk that the material on this website and material linked websites may not comply with the laws, regulations, rules and other such legislative instruments in force in Australia or any country outside of Australia; and
- risk that the material may not be accurate, current or complete.
To the fullest extent permitted by law, RECOM, RECOM’s related companies and affiliates, and RECOM’s directors, officers, employees, contractors and agents (“RECOM Group”) will not be liable for any loss, damage, cost, expense or liability of any kind, including legal costs and expenses, suffered or incurred by you directly, or indirectly, including due to third party claims (“Losses”) out of or in connection with the Website Materials or the Online Services, however and whenever incurred, regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or otherwise, including without limitation Losses caused in connection with:
- access to, use of, suspension or limitation of the access to or use of, or the failure to access or use, the Website Materials or the Online Services;
- reliance on the Website Materials or the Online Services;
- the availability, functionality, reliability, operation, completeness, accuracy, security or timeliness of the Website Materials or the Online Services;
- defects, viruses, delays, interruptions, errors, omissions or failures related to the Website Materials or the Online Services;
- any changes made to the Website Materials or the Online Services or their scope, design or layout;
- User Submissions posted by you or others and any act or omission of RECOM Group in relation to the User Submissions posted by you or others;
- the conduct of third parties accessing, using, or posting Website Materials including, without limitation, other users and any communication you may have with them; and
- your access to, or use of, Third Party Materials and any communication or transaction you have with such third parties.
In no event will RECOM Group be liable for any indirect, incidental, consequential, special or similar Losses suffered or incurred by you, however and whenever incurred, regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or other, including, without limitation, loss of profit, opportunity or revenue, business interruption Losses or Losses to systems, equipment or data.
To the extent any applicable law does not allow the exclusion of the liability of RECOM Group, in accordance with these terms, such liability will be limited to the fullest extent permitted by law, at RECOM’s option, to either the re-supply of the services giving rise to the liability or to the refund of any amounts paid by you to RECOM for such services.
The limitation on the liability of RECOM Group specified in these terms will apply even if RECOM has been advised of, or should have been aware of the possibility of, any loss or damage arising.
You agree to fully indemnify RECOM Group and hold RECOM Group harmless from and against any loss, action, proceeding, damage, cost, expense, claim or liability of any kind, including legal costs and expenses, suffered or incurred by RECOM Group directly or indirectly including due to third party claims in connection with your breach of these terms or any Additional Terms, your access to or use of the Website Materials or the Online Services, your reliance on any information obtained through this website, reliance upon or use of any Website Material by any person accessing any Website Material through your website, or any wilful or negligent act or omission of yours, including, without limitation, in connection with any User Submissions posted by you and any infringement of third party rights by you.
If any of these terms or any applicable Additional Terms is deemed invalid or unenforceable in any jurisdiction by a court of competent authority such term will be interpreted in a manner making it enforceable in that jurisdiction and, if not possible, that term will be deemed to have been deleted without affecting the validity and enforceability of the other terms in that jurisdiction and of that term in other jurisdictions.
No failure or delay in exercising any right, power or remedy, conferred by these terms will operate as a waiver of or otherwise prevent the exercise of the right, power, or remedy.
These terms are governed by, construed and enforced in accordance with, the laws of the State of New South Wales, Australia. Disputes arising from these terms are subject to the exclusive jurisdiction of the courts in New South Wales, Australia. By accessing or using the Website Materials you consent to the exclusive jurisdiction of the competent court in the State of New South Wales, Australia.
RECOM welcomes your feedback, enquiries, comments and suggestions, in relation to this website and the Website Materials. Feel free to contact us anytime by email, post or phone at:
Post: PO Box 194, Rose Bay, NSW 2029, Australia
Phone: +61 2 9194 3451
Last updated: March 2017
© ReCom Trading Pty Ltd 2017