TERMS AND CONDITIONS
1.Intellectual Property. All content included on this site including without limitation text, graphics, logos, button icons, images, audio clips and software is the property of Primero Trading Pty Ltd (Company) or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by U.S. and international copyright laws. Company does, however grant Customer license to copy and print materials from the website that are intended for the sole purposes of placing orders or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the website is strictly prohibited. Similarly, all trademarks, logos, service marks and trade names are proprietary to Company or other content providers that have granted Company the right and license to use such intellectual property. Any infringement of the same is strictly prohibited and will be prosecuted.
3.Non-Conformity. The Customer understands that products ordered online and delivered by commercial carriers are subject to damage in transit and/or possible delay. Accordingly, where products ordered through this website are defective (e.g. broken, scratched, etc.) or delivery is delayed, Company shall be held harmless with respect to any consequential or incidental damages arising in connect with such non-conformity or delay.
a)Company’s website may contain links to other websites, provided solely as a courtesy to Customer as a possible resource. Company assumes no responsibility for outside websites and neither endorses such websites nor the products/services offered therein.
b)In no event shall Company or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, or consequential damages under contract, negligence or any other theory arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available on Company’s website.
c)The information, services, products offered for sale and materials contained in and/or advertised on the Website, including, without limitation, text graphics and links, are provided on an As Is basis with no warranty. To the maximum extent permitted by law, Company and its suppliers disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Company and its suppliers do not represent or warrant that the information accessible via the website is accurate, complete or current. Company is not responsible for typographical errors. Price and availability information is subject to change without notice.
d)CFTC Rule 4.41. Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under or over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those reflected on the Website).
e)Note that while certain methods may have worked in the past, past results are not necessarily indicative of future results. While there is a potential for profits there is also a risk of loss. A loss incurred in connection with trading futures contracts can be significant. Customer should therefore carefully consider whether such trading is suitable for them in light of Customers financial condition. Generally, all speculative trading is inherently risky and should only be undertaken by individuals with adequate risk capital.
g) This is not a prospectus; nor offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to take a position in any market. The material presented herein has been obtained or derived from sources believed to be accurate, but we do not guarantee its accuracy or completeness. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss. The TRADER is responsible for his own actions.
ALL TRADING involves risk, while there is a potential to make a substantial amount of money, you CAN LOSE a substantial amount of money as well, no matter what method you use. All trading involves risk; past performance is not necessarily indicative of future results.
h)Force Majeure. Company shall not be responsible for any loss or diminished performance caused by circumstances beyond Company’s control such as acts of God, acts of government, acts or omissions of the Customer, flood, fire, strike, hurricane, terrorism, etc. Moreover, Company shall not be responsible for the acts or omissions of outside entities or individuals rendering services affecting Customers property.
5.Collections. Unpaid Customer balances shall accrue interest at the statutory rate and Customer shall be liable for all costs of collection, including court costs and attorney’s fees.
6.Severability. Where any provision herein is found to be unenforceable, the same shall not obviate the effectiveness of any other provisions.
8.Disputes. Any disputes arising from this transaction shall be resolved through binding Arbitration pursuant the rules of the Australian Arbitration Association. Venue shall be advised and the choice of law shall be those of the State of Queensland. The prevailing party shall be entitled to reasonable attorney fees and costs of arbitration. The Parties shall be entitled to remedies available in equity and at law, including without limitation injunctive relief for breaches of this agreement.