Authorised User Accounts means the unique username and password issued or otherwise assigned by us to you or your
Authorised Users for access to and use of the Platform.
Business Day means a day (other than a Saturday, Sunday or public holiday) in New South Wales, Australia.
Confidential Information of a party means the confidential (including proprietary and commercially sensitive) information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) of that party (disclosing party) which is disclosed to, or learnt by or accessed by the other party (receiving party), including information which:
(a) is identified by the disclosing party as confidential or the receiving party ought to have been known to be confidential; and
(b) relates to the business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies of the disclosing party,
but does not include information:
(c) which is in, or comes into, the public domain other than by the receiving party’s breach of this Agreement;
(d) which is independently known to, or developed by, the receiving party as evidenced by the receiving party’s written records; or
(e) is or was made available to the receiving party by a person (other than the disclosing party) who is not, or was not, under an obligation of confidence to the disclosing party.
Consequential Loss means without limitation Loss, or anticipated loss, of profit, contract, loss of data, loss of investment funds, income or revenue, loss of business reputation, business interruption of any nature, loss of opportunity, loss of goodwill, loss of anticipated savings or wasted overheads, exemplary or punitive damages, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Corporations Act means the Corporations Act 2001 (Cth) as amended from time to time.
Financial Product has the same meaning as in section 763A of the Corporations Act.
Financial Product Advice has the same meaning as in section 766B of the Corporations Act.
Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, government or public health order (including changes thereto) breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority, which:
(a) directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under this Agreement; and
(b) is beyond the reasonable control of that party.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, source code, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise.
Platform is the CORE Markets web application, our energy, emissions and environmental tracking, trading and analytics platform, including all its functionalities, software (including its source code), data and products, available via Subscription at https://app.coremarkets.co.
Pre-Existing IP means any Intellectual Property Rights in any materials existing at the date of this Agreement, including Intellectual Property Rights in software, hardware or documentation and materials used in our or your business including enhancements or modifications there to.
Privacy Act means the Privacy Act 1988 (Cth).Privacy Policy means our privacy policy as amended from time to time and available on our website at: https://coremarkets.co/privacy-policy.
Terms and Conditions means these terms and conditions as amended from time to time.
Third Party Supplier means a supplier who supplies Third Party Data (other than us).
You means our customer who is a user of the Platform. Where you are a corporation, a reference to you includes your employees and contractors.
Your Content means all any content, including text, data, logos, documents, imagery, videos or other files entered, uploaded or created by you or your Authorised Users while using the Platform.
1.1 In this Agreement unless the context otherwise requires:
(a) clause and subclause headings are for reference purposes only;
(b) the singular includes the plural and vice versa;
(c) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(d) references to statutes include all statutes amending, consolidating or replacing such statutes;
(e) $ means the lawful currency of Australia unless otherwise stated;
(f) any reference to a party to this document includes its successors and permitted assigns; and
(g) the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.
An agreement consisting of these Terms andConditionsis formed between you and The RenewableEnergy Hub Pty Ltd (ACN 626 342 863) when this Agreement is executed by bothparties to it.
3.1 Subject to the terms of this Agreement, we grant to you a non-transferrable, non-exclusive right and license to access and use the Platform while your Account remains active and in compliance with these Terms.
4.1 To access and use the Platform, you must set up an account (Account).
4.2 You are also solely responsible for:
(a) all activity on your Account by you including any unauthorised access by third parties;
(b) maintaining the confidentiality and security of your Account and notifying us immediately of any unauthorised use; and
(c) protecting Your Content, including backing-up, and ensuring the security of, Your Content, taking appropriate measures to protect Your Content from accidental, unlawful or unauthorised access, use or disclosure.
5.1 You may terminate your Account at any time by following the account closure process within the Platform.
5.2 We may suspend or terminate your Account at any time if:
(a) You breach these Terms and do not remedy the breach within 10 business days of receiving written notice; or
(b) We reasonably determine that your continued use of the Platform poses a security, operational, legal, or reputational risk.
5.3 Upon termination of your Account:
(a) this Agreement will immediately end;
(b) We will deactivate your Account;
(c) you must cease using the Platform;
(d) each party must, on request, return or securely destroy all Confidential Information in that party’s control except for any records of Confidential Information: (i) required to be maintained by a regulatory requirement or good corporate governance practice; or (ii) in any computer back-ups provided such records are not accessed, and any retained records remain subject to the confidentiality obligations in clause.
5.4 We may suspend your access to the Platform if you fail to comply with these Terms and do not remedy the failure within 10 Business Days of written notice from us.
5.5 You may terminate this Agreement by written notice to us if we fail to comply with these Terms and do not remedy the failure within 10 Business Days of written notice from you.
5.6 Access to any of Your Content that you have not downloaded as at the date of termination will be at our sole discretion. However, if you receive less than 5 Business Days’ notice of termination, we will provide you with access to Your Content for 10 Business Days following termination, unless prohibited by law or security requirements.
6.1 Access to the Platform under a standard Account is provided at no charge. If you choose to purchase any optional paid features or services, the applicable fees, payment terms, and any additional conditions will be presented to you at the time of purchase and will replace this Agreement once accepted by you.
7.1 You must comply with, all applicable laws relevant to this Agreement, these agreed terms, and our reasonable directions.
7.2 You may not create derivative works from the Platform.
7.3 You may not copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of the Platform (including any Data or Third Party Data), except in accordance with this Agreement. Any unauthorised use of the Platform is prohibited.
7.4 Without limiting the above, you must not, except as expressly authorised by this Agreement:
(a) use or access the Platform (including any Data or Third Party Data) in a way that infringes the Intellectual Property Rights or other rights of any person;
(b) use any network monitoring or discovery software or method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Platform (including any Data or Third Party Data), or for the purpose of extracting information about usage, individual identities or users;
(c) use any method or process to consolidate or combine the Platform (including any Data or Third Party Data) with any other content, data, information, images or material other than for your own internal information purposes;
(d) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Platform (including any Data or Third Party Data);
(e) sell, sub-licence, transfer, transmit, publish or make available any part of the Platform (including any Data or Third Party Data);
(f) use the Platform (including any Data or Third Party Data) as a basis for making any recommendation about any Financial Product or financial investment to any third person;
(g) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Platform;
(h) do anything which will or may place an unreasonable load on the infrastructure of the Platform;
(i) post, distribute or send any 'spamming material' or any other form of bulk communication on or using the Platform;
(j) impersonate any person or entity;
(k) publish on the Platform or disseminate using the Platform, any material which is unlawful, defamatory, indecent, offensive or inappropriate;
(l) use the Platform to harass, defame, abuse, threaten or otherwise offend others; or
(m) transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform.
7.5 You must not misuse the Platform by:
(a) knowingly introducing viruses, trojans, worms, bots, logic bombs or other malicious software;
(b) gaining unauthorised access to the Platform or any platform on which the Platform is stored, or any server, computer or database connected to the Platform; or
(c) attacking the Platform via a denial-of-service attack or a distributed denial-of service attack.
7.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any information on or linked to the Platform.
7.7 We shall not be liable for any loss or damage suffered by you as a result of using public network connections, failing to have up-to-date and effective anti-virus and anti-malware software or failing to notify us that your device has been infected by any type of malicious software.
7.8 You may use the functionalities of the Platform to facilitate a transaction with another user of the Platform. You agree and understand that under no circumstances will we be a party to such a transaction, and we will not be liable in any manner whatsoever for users’ respective obligations to each other.
8.1 You must not submit, post or display any of Your Content that:
(a) you do not have permission, right or license to use, upload, and permit use as contemplated by this Agreement;
(b) is objectionable, offensive, unlawful, defamatory, deceptive or harmful; and/or
(c) is illegal, fraudulent, or manipulative.
8.2 We may remove Your Content from the Platform if Your Content violates the terms of this Agreement, including if Your Content is offensive or otherwise unacceptable to us in our sole discretion and/or including in the event any claims, threatened, alleged or issued in relation to Your Content, and/or for any other reasonable cause. We reserve the right to undertake back-ups of the Platform, however we are not obligated to do so, and you are solely responsible for backing up Your Content.
9.1 We may modify the Platform from time to time, including adding or removing features or functions as we deem necessary (Updates).
9.2 If applicable, you must accept all Updates necessary for the proper function and security of the Platform when such Updates are released by us.
9.3 We may suspend access to, or functionality on, the Platform from time to time to implement such Updates. We will use reasonable efforts to notify you of any Update that may interrupt the Platform.
10.1 From time to time, we may use third party data obtained from any and all of the below:
(a) the Australian Energy Market Operator (AEMO);
(b) ASX Energy Data (ASX);
(c) Bureau of Meteorology (BOM);
(d) TFS Australia Pty Ltd (TFS); and
(e) other data providers.(Third Party Data).
10.2 We may also produce our own data, including without limitation data based on the Third Party Data (Data).
10.3 You acknowledge and agree that, to the maximum extent permitted by law, we make no representations about the Data, the Third Party Data or any other information on or linked to the Platform, including without limitation warranties of accuracy, currency, completeness or reliability.
11.1 You may use the Platform to evaluate Data and Third Party Data, only for your internal information purposes and in accordance with the terms of this Agreement.
11.2 You must not use the Data for your own commercial purposes, other than to evaluate your own investment and trading decisions as contemplated in clause 13 and otherwise as provided for in this Agreement. You may only distribute or publish insubstantial amounts or limited extracts of the Data to third parties in connection with your ordinary business, provided:
(a) it is on an ad-hoc basis only;
(b) it is accompanied by an attribution to us, and all notices contained within the Data remain, in an unaltered state, including any copyright notice, trademark or other proprietary notice and any relevant disclaimers; and(c) the Data which is republished is in an aggregated form or presented in a graph, chart or table.
11.3 Notwithstanding any other clause in this Agreement, where you use Third Party Data you acknowledge you enter into this Agreement for the benefit of the Relevant Third Party Suppliers. You may only use Third Party Data in accordance with the relevant Third Party Supplier terms (including in respect of print or electronic copies, publication and any other use and subject to the Third Party Supplier’s disclaimers, indemnities, limits on liability and exclusions of warranties). Relevant Third Party Supplier terms are set out in the Schedules to this Agreement and may be amended from time to time on notice to you. You must comply with any updated Third Party Supplier terms as notified by us from time to time. If you do not agree with any updated terms, you must stop using the Platform and any Third Party Data.
12.1 The Platform is an information, research, and analytical tool for you to use in making your own judgements and decisions about any financial investments. You must not rely solely on any information on the Platform (including without limitation any Data or Third Party Data) in making any decision about any Financial Product.
12.2 Any Financial Product Advice provided on or through the Platform is general advice only and does not take into account your objectives, financial situation or needs. You acknowledge that you should consider whether any Financial Product Advice is appropriate to you, taking into account those factors. To the extent permitted by law, your use of information provided through the Platform, or materials linked from the Platform, is at your own risk.
13.1 You acknowledge that the Intellectual Property Rights in the Platform (including any source code, translations, compilations, partial copies and derivative works) and the Data (Our IP) contain confidential and proprietary information belonging exclusively to us.
13.2 At all times the Third Party Supplier retains all Intellectual Property Rights in the Third Party Data, which is licensed to us in accordance with the Third Party Supplier terms for the purpose of providing the Platform.
13.3 Nothing in this Agreement transfers ownership of any Pre-Existing IP to the other party or any other person.
13.4 You own all Intellectual Property Rights in Your Content. You grant us a royalty-free, non-exclusive, revocable licence to use Your Content to the extent necessary to perform our obligations under this Agreement.
13.5 We grant you a non-exclusive and non-transferable licence to use Our IP and the Third Party Data solely to the extent necessary to exercise your rights and perform your obligations in accordance with this Agreement and the relevant Third Party Supplier terms.
13.6 You agree we may use, for our own business purposes, and incorporate any ideas, suggestions, concepts, know-how or techniques contained in any suggested changes or modification to the Platform from you.
14.1 Each party must comply with the Privacy Act in connection with the collection, use, handling, disclosure, quality, security of and access to personal information that the party holds.
14.2 Both parties must keep all Confidential Information confidential and use such information for the sole purpose of performing their obligations under this Agreement.
14.3 Neither party may use or disclose the Confidential Information except:
(a) for the reasonable purposes of fulfilling the party’s obligations under this Agreement or as otherwise permitted by this Agreement;
(b) to that party’s employees or advisers (or those of that party’s related bodies corporate) on a need-to-know basis and that party must ensure that such persons understand and comply with the obligations imposed by this Agreement;
(c) as required by law or the rules of an applicable stock exchange, subject to, where permitted by the relevant law or rule, that party notifying the other party immediately if that party becomes aware that such disclosure may be required; or
(d) with the other party’s prior written consent.
14.4 Your use of Platform may involve the transmission to us of certain personal information (as that term is defined in the Privacy Act). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy, which is incorporated into these Terms and Conditions.
15.1 You acknowledge that in some cases Data and Third Party Data is prepared by Third Party Suppliers. There may be some delay in the Data and/or Third Party Data being made available to you, and as such it may not take into account all market or economic developments as at the time of publishing. Whilst we have taken reasonable steps to ensure the availability of only accurate, current, correct and complete Data on the Platform, the Data is provided on an "as available" basis and as far as permitted by law we do not give or make any warranty or representation of any kind, whether express or implied.
15.2 The use of the Platform is at your sole risk, and we:
(a) disclaim any responsibility for your compliance or the compliance of any other person with any applicable law, regulation or code, (including but not limited to superannuation or taxation legislation);
(b) will not be liable for any penalty, loss or claim arising in connection with any failure to comply with any such law, regulation or code; and
(c) are not responsible for your decisions about whether any investments may be appropriate for your particular circumstances.
15.3 We further make no representation or warranty that your use of the Platform will enable you to achieve any level of profit or return on investments that you may choose to make.
15.4 We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from the Platform, including but not limited to technical inaccuracies and typographical errors;
(b) any delays, failures, errors or omissions or loss of transmitted information;
(c) any viruses or other contaminating or destructive properties that may be transmitted via the Platform;
(d) any Third Party Data sources including (without limitation) third party websites or their content, directly or indirectly accessed through links in the Platform, including but not limited to any errors in or omissions which are accessed through the third party websites; or
(e) any delays, failures or errors affecting the equipment, systems or networks of third parties who provide services to the Platform.
15.5 To the fullest extent permitted by law we, our representatives, agents, Third Party Suppliers and related entities hereby exclude all statutory guarantees, conditions, warranties and other terms which otherwise might be implied by statute, common law, or equity.
15.6 To the fullest extent permitted by law, we exclude all liability for any loss, injury, claim, liability or damage of any kind (whether in contract, tort (including negligence), statute or otherwise) arising out of or in connection with this Agreement or your use of the Platform.
15.7 Neither party will be liable to the other party for any Consequential Loss incurred by it or by any other person in connection with the Platform, or in connection with the use, inability to use, or results of the use of the Platform or any related material.
15.8 Nothing in this clause affects our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited by law.
We do not represent or warrant that the Platform is entirely secure, uninterrupted or error-free. You acknowledge that the public internet is an inherently insecure environment and that we have no control over the privacy of any communications or the security of any data outside of our internal systems.
If a Force Majeure Event occurs, the affected party must notify the other party and the obligations of the party will be suspended to the extent that they are affected by the relevant Force Majeure Event until that Force Majeure Event has ceased.
18.1 A notice or other communication under this Agreement is only effective if it is in writing and it is received in full and legible form to the parties.
18.2 A notice sent by email will be deemed to be received the earlier of when the sender receives an automated message confirming delivery or within 24 hours after the message has been sent (as recorded on the device from which the sender sent the message), unless the sender receives an automated message that the email has not been delivered.
19.1 Nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture. Except as otherwise provided in this Agreement, the parties acknowledge and agree that neither party will have any authority to bind the other party or to enter into an Agreement in the name of the other party.
19.2 We may sub-contract the performance of any part of our obligations and/or services to any third party provided that we will remain liable to you for all of our obligations under this Agreement including any subcontracted obligations.
19.3 This Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications.
19.4 The failure of either party to enforce any provisions under this Agreement will not waive the right of such party thereafter to enforce any such provisions.
19.5 If any term or provision of this Agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this Agreement and the remaining terms and conditions will be unaffected.
19.6 This Agreement is governed by, and construed in accordance with, the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
19.7 We reserve the right to amend these terms and conditions from time to time by either giving you notice via email and/or publishing the amended terms and conditions on the Platform. Your continued use of the Platform after the date of notice or publication constitutes acceptance of the amended terms and conditions.
19.8 You may not assign or transfer your rights or obligations under this Agreement. We may assign or transfer this Agreement at any time, including in connection with a merger, acquisition, corporate restructure or sale of the Platform. Any obligation of confidentiality in this Agreement will survive termination. Any other term which by its nature is intended to survive termination of this Agreement survives termination of this Agreement.
CORE Markets acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.