1) About these Customer Terms and your agreement
- These Customer Terms for MATRIXCHART SYSTEMS OPS Services (“Customer Terms”) are the general terms and conditions on which we supply the MATRIXCHART SYSTEMS OPS Services to you
- When we say:
- ‘we’, ‘us’ or ‘our’, we mean MATRIXCHART SYSTEMS OPS, which operates under the name “MATRIXCHART SYSTEMS OPS Software”;
- ‘you’ or ‘your’ we mean you, our customer; and
- ‘agreement’ we mean your agreements with us for the supply of the MATRIXCHART SYSTEMS OPS Service.
- Your agreement for each Service we provide you commences from the initial invoice date, a copy of which is emailed to you as a PDF file.
- Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not pass any of your rights or responsibilities to anyone else.
- In addition to your other obligations under these Customer Terms, you agree and acknowledge that:
- you have not relied on our skill, judgement, or any representation in deciding whether any Service or Product is fit for a particular purpose;
- you have not relied on any representation made by us that the Services will be free of interruptions or faults;
- you are responsible for making your own assessment of whether you need continuous fault free service;
- the Services are not supplied for the purposes of, and are not suitable for, supporting any application or use which needs continuous fault free service.
- You are responsible for making your own investment decisions.
- You understand that trading financial products involves considerable risk and that we have not, and will not provide any trading advice to you.
2) Minimum term of your service agreement
- If you are subscribing to a MATRIXCHART SYSTEMS OPS service (which bundles the MATRIXCHART SYSTEMS OPS program, data and service into a yearly price), your Minimum Term is 18 months from the initial invoice date.
3) Variations to your agreement and Charges
- We may vary any of the terms of this agreement, including our Price and Services Guide at any time, and we will give you as much notice as practicable of any variation. For some Services, Charges appearing on your account may vary slightly from the price advertised in our Price Guide because Charges are rounded to the nearest cent . These changes will apply from the date we specify.
- If any variation by us would cause detriment to you, we will give you reasonable notice usually by an email to your nominated email address, and subsequently including a notice on your bill. It is your responsibility to ensure that we have your current contact details.
4) MATRIXCHART SYSTEMS OPS Software Licence Terms
- MATRIXCHART SYSTEMS OPS (comprising software, data, support and documentation) is provided to you on the basis of a non-exclusive and non-transferable licence for your own personal use only on a single computer accessible by only one user at a time. The licence commences on payment of the licence fee and continues while licence fees are being paid or unless terminated by notice from MATRIXCHART SYSTEMS OPS.
- Licence restrictions: You will not sell, loan, rent, transfer or sub-licence MATRIXCHART SYSTEMS OPS or your rights under these Licence Terms without the prior written consent of MATRIXCHART SYSTEMS OPS. You will not allow access to MATRIXCHART SYSTEMS OPS by multiple users at any one time through networking arrangements or otherwise. You will not use MATRIXCHART SYSTEMS OPS other than for your own personal use. To protect MATRIXCHART SYSTEMS OPS’s intellectual property rights in MATRIXCHART SYSTEMS OPS you will not, and will not allow or cause a third party, to recompile, disassemble, reverse engineer, copy or modify MATRIXCHART SYSTEMS OPS or use the whole or any part of MATRIXCHART SYSTEMS OPS to assist in the development of a similar or competitive product or otherwise use MATRIXCHART SYSTEMS OPS except as provided in these Licence Terms. You will take appropriate measures to prevent unauthorised use or access to MATRIXCHART SYSTEMS OPS.
5) Your Obligations
Charges & Fees
- You must pay us all Charges for Services on your Account.
- Payment is required in advance of the Billing Period.
Responsible use of the Services
- You may only use the Services:
- for your own personal use. This means you must not resell or commercially exploit any of the Services, Content, or any Product.
- Service Suspension: In the event of a personal emergency a onetime suspension to the MATRIXCHART SYSTEMS OPS service is available for a period of up to 1 month. During this time all payments will be suspended temporarily and access to the program terminated. After the 1 month period the contract will resume as per normal with or without contact from the client.
Our Intellectual Property Rights
- All rights, including copyright, in the Services belong to us or our licensed sources, such as Data Exchanges (ChartNexus).
- Any trade mark and other related images, logos and names on Services are proprietary marks of our group of companies.