The MAG Carbon Monthly Report (Report) is prepared by Market Advisory Group Pty Ltd (ACN 626 764 216) (MAG) to provide information on carbon markets, trends and developments each month throughout the year. By using this Report you agree to these terms and conditions which constitute a legally binding agreement between you (Subscriber, You, you, your) and MAG (Agreement).
Please read the terms and conditions of this Agreement carefully. By registering or subscribing to use the Report you acknowledge that you have read and understood this Agreement. If you do not agree with any of the terms and conditions of this Agreement, you may not purchase, or continue to use, the Report.
If you are entering into this Agreement on behalf of an entity or organisation, you represent and warrant that you have the full authority to bind that entity or organisation to the terms of this Agreement.
2. General Advice
The Report does not constitute legal or business advice and should not be relied on as a substitute for obtaining detailed advice. Unless specifically stated, all information has been prepared without taking in to account your objectives, financial situation or needs and constitutes only general advice. Before acting on this information, you should consider whether it is appropriate for your circumstances. Nothing in the Report shall constitute or be construed as offering of financial instruments, or as investment advice or recommendations by MAG of an investment strategy or whether to “buy”, “sell” or “hold” an investment.
MAG is an authorised representative of Australian Integrated Carbon Financial Services Pty Ltd (ACN 159 166 846), under Australian Financial Services Licence: 425 610, within the meaning of the Corporations Act 2001 (Cth).
3. Limited Licence
MAG grants to you a royalty-free, non-exclusive, non-transferable licence to use the Report solely for your own use for non-commercial purposes. The rights granted, under this Agreement are personal to the Subscriber and you may not sub-licence or assign any part of the Report without the prior written consent of MAG.
For the purposes of this Agreement, “commercial purpose” means to sell, hire, exchange, or otherwise use or exploit the Report (whether in its original or any adapted form or incorporated in or used in the provision of any products, financial products, services or advice) for profit or gain or to advise others.
This Agreement commences from the date you register and subscribe to the Report and shall continue until it is terminated in accordance with its terms.
5. Intellectual Property
All rights, title and interest in the Report, including copyright, trademarks, logos, service marks, design, moral rights, know how or other proprietary rights (Intellectual Property Rights) are owned by or licensed to MAG. This Agreement does not transfer any right, title or interest in the Intellectual Property Rights to you. You agree not to remove, alter or obscure any copyright notices, trademarks, trade names, designs or logos that appear in the Report. You agree that no portion of the Report may be photocopied, reproduced, scanned into an electronic system or transmitted, forwarded or distributed outside the Subscriber, without the prior written consent of MAG.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
8. Subscription and Payment
In consideration for the rights granted under this Agreement, you agree to pay to MAG the subscription fee (Fee) in accordance with the subscription option selected by you:
- Either monthly or annually in advance by direct debit, whereby the Subscriber (You) will be charged the Fee on or about the 1st day of each month by automatic deduction from your nominated account or by charges to your nominated credit card; or
- Annually in advance, whereby You must pay each invoice on the date nominated on the invoice (or if there is no such date strictly within 20 days of receipt of the invoice) by way of electronic funds transfer into MAG’s nominated bank account; or
- For such other period as agreed with MAG, for the duration of the Term; and
- Any portion of the fee not paid by You that is not disputed in accordance with clause 13, shall accrue interest from the day on which payment was due to the day You make payment in full at the annual rate of 10% per annum.
9. Disclaimer and Liability
You agree and acknowledge that, to the fullest extent permitted by law (including the Australian Consumer Law if applicable) MAG:
- Does not represent or give any warranty of any kind (whether implied express or statutory, including without limitation warranties for non-infringement of third-party rights, ownership, fitness for purpose) in connection with any advice, data, information, estimates, projections, forecasts or forward-looking statements contained in the Report
- Does not represent, guarantee or warrant the likelihood of achievement or reasonableness, of any forecast, projection or forward-looking statements made by or on behalf of MAG (including such forecasts and projections that relate to changes in carbon price)
- Does not represent, guarantee or warrant the accuracy, currency, reliability or quality of the Report or any advice, suggestions, recommendations, or other information contained in the Report is free from errors or omissions or is exhaustive;
- Disclaims any warranties, representations or endorsements, express or implied, with regard to the Report, or any advice, suggestions, recommendations or other information contain in the Report, including all implied warranties of merchantability and fitness for purpose;
- Any liability of MAG, its directors, employees, agents and contractors is limited, as far as the law permits, to re-supplying the services or paying the cost of re-supplying the services.
Information in the Report may be obtained from third party sources we believe are reasonable. However, you acknowledge that MAG has not verified all third-party information in relation to accuracy or otherwise. You further acknowledge that any forecasts, projections or forward-looking information may be subject to change and uncertainty. You indemnify and release MAG against all claims, demands, suits, liability, loss or expense arising directly from your use of the Report and any breach of this Agreement by you up to an amount equal to three times the fee payable under this agreement.
(For convenience) Either party may terminate this Agreement for convenience and without incurring liability to the other party at any time by giving at least 30 days’ written notice to the other party.
(For cause) Either party may terminate this Agreement with immediate effect by giving written notice to the other party at any time if the other party:
- breaches any warranty or any other provision of this Agreement, which is incapable of being remedied, or where the breach is capable of being remedied, fails to remedy the breach within 7 days after receiving written notice from the terminating party requiring it to do so
- without limiting (a) above, fails to comply with clauses 3 or 5 of this Agreement.
(For refusal of new terms) If a Subscriber elects not to accept variations to these terms the Subscriber will be deemed to have terminated this Agreement with immediate effect. Subscribers who elect to terminate the Agreement must, within 20 business days of termination, pay to MAG all fees incurred and/or owing under the Agreement up to and including the date of termination or expiry.
11. Entire Agreement
This Agreement constitutes the entire agreement between us. MAG is not bound by any additional provisions that may appear in any communication from you.
MAG may amend these terms from time to time by publishing them with the Report, on their website or otherwise by agreement. Subscribers will be notified of changes in writing within 48 hours of the change.
13. Governing Law
This Agreement will be governed by the laws in force in the Australian Capital Territory, Australia.
- The Parties must in good faith attempt to resolve between them any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, viability or termination (Dispute).
- If a Dispute arises, a party (Referring Party) must give notice (Dispute Notice) to the other party. The Dispute Notice must:
- be in writing; and
- state it is given in accordance with this clause; and
- include or be accompanied by reasonable particulars of the Dispute; and
- be given within ten (10) days of the Referring Party first becoming aware of the circumstances giving rise to the Dispute.
- The Parties must attempt to resolve the dispute in accordance with clause 14.1 within ten (10) days after the receipt of the Dispute Notice (or as otherwise agreed in writing).
- If the Dispute is not settled in accordance with this clause, then either party may commence proceedings in the Courts of NSW.
(MAG Monthly Report – Agreement and Terms V4-Aug22)