Website Terms of Use
Last updated 8 September 2023
Who we are and how to contact us
asxenergy.com.au is a website (the “Site”) owned and operated by ASX Operations Pty Limited, ABN 42 004 523 782 (“ASXO”, “we”, “us” and “our”) and may contain content from us and our related bodies corporate.
In these terms, ASXO, our related bodies corporate, and our and their respective officers, directors, employees, contractors, agents, successors and assigns, are referred to collectively as “ASX”.
To contact us, please visit asxenergy.com.au/contact.
By using the Site you accept these terms
By using the Site, you confirm that you accept these terms together with any other notices and disclaimers on the Site, as amended from time to time. If you do not agree to these terms, you must not continue to use the Site.
Our privacy statement forms part of these terms and sets out how we collect, use, store and disclose personal information in connection with the operation of the Site. It is accessible here: asx.com.au/legals/privacy-statement
We may make changes to these terms and the Site
We reserve the right to amend these terms at any time as reasonably required, in particular to reflect any changes to the nature of the Site or any content on it, our business priorities or users’ needs, changes to our products and services or any law or other legal requirement. Amendments to these terms will be reflected on this page, and you should check the latest terms on this page so that you are aware of any amended terms. If you do not agree to any such amendments, you must not continue to use the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and any other applicable terms and conditions, and that they comply with them.
Eligibility to use the Site
The Site is primarily directed at users who are residing in and use the Site within Australia. We do not represent that content available on or through the Site is appropriate for use or available in other locations. If you access the Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
Ownership of content on the Site
ASX and its licensors are the owners or licensees of all intellectual property rights in the Site and in the content published on it, unless indicated otherwise. The Site and the content published on the Site are protected by copyright, trade mark and other intellectual property laws and treaties around the world. All such rights are reserved.
You may not use a trade mark displayed on the Site without ASX’s prior written consent. Nothing contained on the Site should be construed as granting any licence or right of use of any trade mark displayed on the Site.
Permitted uses of the Site and content on the Site
You may access the Site using your web browser and save an electronic copy, or print out a paper copy, of parts of the Site for your own information purposes only, including research, study or other personal, non-commercial use, but only if you keep all content intact and in the same form as presented on the Site (including, without limitation, maintaining all copyright, trade mark and other proprietary notices and all advertisements).
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
User Accounts
In addition to general browsing of the Site, you may also access certain areas, features or functions of the Site as a registered user. We only permit one registration per email address.
You must keep your User Account and password secure and confidential and must not disclose it to any third party. Any access, transaction or activity on the Site via your User Account will be taken to be authorised by you, and you remain responsible for any such access, transaction or activity on the Site (whether authorised or not). If you know or suspect that any unauthorised person knows your password, you must promptly notify us at asxenergy.com.au/contact.
We may disable your User Account at any time if in our reasonable opinion:
(a) your User Account has been used in breach of these terms or any other agreement between us and, after we notify you of such breach, you fail to remedy such breach within the reasonable period of time specified by us; or
(b) it is reasonably necessary to comply with any legal or regulatory requirement.
Prohibited uses
You agree not to:
- modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute any content on the Site in any way except as expressly provided for in these terms, on the Site or with ASX’s prior written consent. You must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
- use the Site or any content on the Site in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by these terms;
- use any content on the Site for a commercial purpose without the express written consent of ASX (where use of any content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making), other than as expressly permitted on the Site or in these terms;
- use any content on the Site to establish, maintain or provide (or assist in establishing, maintaining or providing) a stock market for trading in securities or derivatives;
- use any spider, screen scraper, robot, other similar software or device, or other similar process, to use or access the Site in any way whatsoever, including monitoring, downloading or copying any content on the Site (except as otherwise permitted under these terms or with ASX’s prior written consent);
- use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any manual process to monitor or copy any content on the Site or for any other unauthorised purpose without ASX’s prior written consent;
- delete or alter any copyright, trade mark or other proprietary rights from copies of any content on the Site;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, Trojan horses, worms, logic bombs or other content which are maliciously or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server computer or database connected to the Site;
- attack the Site via a denial-of-service or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site or any content on the Site.
In the event of any breach by you of the above prohibitions on use of the Site, your right to use the Site will cease immediately. We may report any of the above activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.
Availability of the Site and content
To the maximum extent permitted by law, we do not guarantee that the Site, or any content on it, will always be available and/or uninterrupted. We may suspend or withdraw the availability of all or any part of the Site at our discretion (acting reasonably) for security or other reasonable business and operational reasons.
Unless otherwise indicated, the trading information provided on the Site is generally delayed by at least 20 minutes and is not real time information. Other information presented on the Site may be delayed by more than 20 minutes.
Disclaimer and limitation of liability
The Site and all content and information on the Site are provided on an “as is” and “as available” basis, and to the maximum extent permitted by law, ASX makes no representations or warranties, express or implied, regarding the operation or availability of the Site (including that your access to and use of the Site or any of the functions contained in any content on the Site will be uninterrupted or error-free), or the reliability, accuracy or completeness of content and information on the Site.
Any content and information on the Site is general information only and does not constitute financial product advice. It is not intended as investment advice and must not be relied upon as such. You should obtain independent advice from an Australian financial services licensee tailored to your specific circumstances before making any financial decisions.
The Site does not offer, and must not be construed as an offer, of financial products and is not an invitation to you to acquire any financial products. The Site does not, and must not be construed as providing recommendations in relation to any financial products.
Information on the Site about an entity’s application for admission to the official list or applications for the listing or admission to trading status of financial products or associated offer documents should not be considered in any way as an indication of the merits of the entity or any products. It does not in any way imply that an entity’s application for admission to the official list or an application for any products to be listed or admitted will be approved, and should not be considered in any way as an indication of the merits of the entity or the product.
Subject to the remainder of this clause, to the maximum extent permitted by law, ASX expressly disclaims any and all responsibility or legal liability to anyone whatsoever for any loss, liability or damage (including any indirect or consequential loss, loss of profits, loss of revenue, loss of savings, loss of opportunity, or loss of or damage to goodwill), howsoever arising (whether in negligence or otherwise) out of or in connection with the reliance by you or any other person on any access or use of the Site (including any inability to access the Site), the content or information made available on the Site and/or any errors or omissions in such content or information except to the extent caused or contributed to by any fraudulent or unlawful act or omission by ASX.
Where you are a participant under any ASX operating rules, and to the extent you access the Site or any content or information on the Site in connection with you being such a participant, then:
(a) the provision of such access to you and performance by ASX pursuant to or relating to these terms (“Participant Access”) constitute (and are deemed to constitute) the supply of trading services, clearing systems, the settlement facility, the system and/or other services (as applicable) pursuant to the relevant ASX operating rules;
(b) subject to the remainder of this clause, the limitations and exclusions of liability contained in the relevant ASX operating rules will apply in relation to the provision and performance of Participant Access under these terms; and
(c) to the extent necessary to enable ASX to enforce the benefit of the exclusion of liability referred to in paragraph (b), the terms of the relevant ASX operating rules are deemed to be incorporated into these terms.
All express or implied guarantees, warranties or conditions relating to these terms or their subject matter, not contained in these terms, are excluded from these terms to the maximum extent permitted by law.
Nothing in these terms excludes, restricts or modifies any guarantee, condition warranty, right or remedy implied or imposed by any legislation which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).
If a Non-Excludable Condition is implied or imposed in relation to these terms and cannot be excluded, and ASX is able to limit your remedy for a breach of the Non-Excludable Condition, then ASX’s liability for breach of the Non-Excludable Condition is limited to one or more of the following at ASX’s option:
(a) the replacement of the goods (or supply of equivalent goods) or supply of the services again; or
(b) the payment of the cost of replacing the goods (or supplying equivalent goods) or having the services supplied again.
Feedback
If you submit feedback or suggestions about our products or services, we may use your feedback or suggestions without obligation to you.
ASX operating rules
The information on the Site is not a substitute for any relevant ASX operating rules, and in the event of any inconsistency between the Site and the operating rules, the operating rules prevail to the extent of the inconsistency.
Links to third party websites and other resources
The Site contains links to third party websites and other resources provided by third parties. These linked websites and resources are not under the control of ASX, and ASX is not responsible for the contents of any linked website or resource accessed through the Site, or any hyperlink contained in a linked website.
ASX provides these hyperlinks to you as convenience only, and the inclusion of any link on the Site to third party websites and/or resources does not imply any endorsement or approval by ASX of those linked websites or resources or any products, services or information you obtain from them. Your access and use of a third party website is entirely at your own risk.
The Site contains live data feeds and other data and content provided by third parties (collectively, "Third Party Data") such as the AEMO provisional settlement price. To the maximum extent permitted by law, ASX makes no representations or warranties as to the reliability, accuracy or completeness of any Third Party Data or the information on other web sites which are reached by hyperlinks from the Site, nor does ASX accept any responsibility for any errors in, or omissions from, such Third Party Data or information contained on such other web sites.
Additional terms and conditions for retrieval of market information
These additional terms and conditions for retrieval of market information from the Site form part of these terms. For clarification, any such market information will be content for the purpose of these terms.
Unless otherwise indicated, the trading information provided on the Site is delayed by at least twenty (20) minutes and is not real time information. Other information presented on the Site may be delayed by more than 20 minutes.
Linking to the Site
You may not link any third party website to any pages of the Site unless we agree in writing.
Governing Law
These terms are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. You and we agree that disputes arising from these terms are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
Severability
If any part of these terms should be declared invalid, void or unenforceable, such part or parts shall be severed from the remainder of these terms which will remain in full force and effect. The invalid, void or unenforceable provisions shall be replaced by provisions which correspond to or come as close as possible to the economic or intended purpose of the void provision.