emsTradepoint Limited

Your use of this website (and the Trading System accessed through this Site) (Site) is governed by these terms of use and the Privacy Policy. By accessing and browsing this Site, or using the services accessible through this Site, you agree to be bound by these terms of use.

Market Rules

If you are a Participant in the emsTradepoint Market (as that term is defined in the Market Rules) then you are bound by the Market Rules while you use this Site and the Market Rules will have precedence over any of the general terms in these terms of use.

In the event of any conflict between the Market Rules and information provided on or through this Site, or in any documents accessed on or through this Site, the Market Rules will take precedence.

Download a copy of the Market Rules.

Right to access and use Site and content

All intellectual property on this Site is owned by emsTradepoint or its suppliers (including, without limit, the text, graphics, copyright works, logos, compilation, design and layout) and the software that forms the Site.

You may access, view, reproduce and print the content on this Site provided you only use that content for internal management purposes and any reproduction includes a prominent acknowledgment of emsTradepoint's rights in the relevant content.

You may not use this Site, or the content on it, for any other purpose or in any other way. For example, you may not access the Site, or the content on it, by using a robot, spider, scraper or other unauthorised automated means for any purpose.

You may not commercialise, copy or on-sell any information obtained from this Site. If you wish to link to any part of this Site, you must get emsTradepoint's prior written consent. You must not frame any part of the Site.

You may not share your Log-in Code or Signature (as those terms are defined in the Market Rules) with any other person.

Content on or accessed through Site

While emsTradepoint has tried to ensure the content on this Site is current, accurate and complete, it does not guarantee such content will be current, accurate or complete when you access it. emsTradepoint only provides the content on, or accessed through this Site, on an "as is" basis.

emsTradepoint will take action to correct any error or inaccuracy which is brought to its attention, within a reasonable time.

You must make your own assessment of the suitability of the content and/or the services for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this Site. emsTradepoint may change the content and/or services described on the Site at any time without prior notice. Users seeking to rely on or verify any content and/or services contained on this Site should contact emsTradepoint.

Not a securities exchange

The emsTradepoint Market is not an exchange for the trading of securities, derivatives or any other financial product.  The emsTradepoint market is for trading in commodities for physical delivery.  This means that securities, financial market, exchange and clearing regulatory regimes do not apply to emsTradepoint.

Third party materials

This Site contains, or may contain, links to third party websites. Third party websites are not controlled by emsTradepoint. Any links are provided for your convenience only, and do not imply that emsTradepoint checks, endorses, approves or agrees with the third party websites it links to.

Third party websites will likely have their own restrictions on how you may use the content on those websites and what responsibility the website provider will accept in relation to the content. You should ensure you read and comply with these.

Security of Information

No data transmission over the internet can be guaranteed as totally secure. Whilst emsTradepoint strives to protect such information, emsTradepoint does not warrant and cannot ensure the security of any information which you transmit to emsTradepoint. Accordingly, any information which you transmit to emsTradepoint is transmitted at your own risk.

When emsTradepoint receives your information, emsTradepoint will take reasonable steps to preserve the security of such information.

All liability excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it;
  • emsTradepoint will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it; and
  • emsTradepoint takes no responsibility for any Site unavailability or for any loss that is incurred by you as a result of the Site being unavailable.

If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

Indemnity

You must hold harmless and indemnify emsTradepoint from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by emsTradepoint arising from:

  • any breach by you of these terms of use;
  • reliance by you on any information obtained through this Site;
  • your access and/or use of this Site; and
  • reliance on, or use of, any information by any person accessing this Site from your computer systems.

Partial invalidity

If any provision of these terms of use is or becomes invalid or unenforceable, that provision will be deemed deleted from these terms of use. The invalidity or unenforceability of that provision will not affect the other provisions of these terms of use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

No waiver

No failure or delay by emsTradepoint to exercise any right under these terms of use will operate as a waiver of emsTradepoint's rights under these terms off use.

Amendments

emsTradepoint may amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use.

Jurisdiction and governing law

This Site and content has been prepared in accordance with the requirements of New Zealand law. These terms and any matters or disputes connected with this Site will be governed by New Zealand laws and will be dealt with by New Zealand courts.