Market Advisory Group (MAG) | Carbon Monthly Terms and Conditions

General
1. The MAG Carbon Monthly Report (Report) is prepared by Market Advisory Group Pty Ltd (ACN 626 764 216) to provide information on carbon markets, trends and developments each month throughout the year.
2. These terms and conditions apply between the company subscribing to the Report (Subscriber, You, Your) and Market Advisory Group Pty Ltd (ACN 626 764 216) (MAG, We, Our) (agreement).
3. If You are entering into this agreement on behalf of a company or other legal entity, you warrant that:
  1. You have full legal authority to bind that legal entity; and
  2. both You and that legel entity will be bound by the terms of this agreement.
Term
1. This agreement commences from the date Your account is activated and will continue until it is terminated in accordance with this agreement.
Registration
1. To subscribe to receive the Report you must provide us with information such as your name, email, business address, mobile number and payment information via Our website at https://portal.aurecongroup.com/.
2. Once registered, We will activate Your account and provide You with a username and password. You are solely responsible for keeping this username and password secure and for all use and activity carried out under this username. MAG will not be liable for any unauthorized access to, loss of, or damage to, any data to the extent that such loss, or damage was caused by a failure by You to keep your username and password secure.
3. You are responsible for ensuring that all information you provide to us is accurate and up to date. If there are any errors in Your contact information or other details, We are not liable for the consequences that may arise as a result of such errors or incorrect information, including sending the Report to an incorrect address. To change or update your contact details or other information, please contact carbonmarkets@aurecongroup.com.
Payment
1. You agree to pay the subscription fee (Fee) in accordance with the subscription option selected by You:
  1. monthly or annually in advance by direct debit, whereby 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
  2. annually in advance, whereby You must pay each invoice on the nominated date and into the nominated bank account detailed in the invoice (or if there is no such date within 20 days of receipt of each invoice) by way of electronic funds transfer.
2. If You fail to pay any portion of the Fee due to MAG under this agreement on the due date for such payment, and such Fee is not being disputed in accordance with clause 11, without limiting MAG's other remedies under this agreement, MAG may, in its sole discretion, carry out one or more of the following until all applicable outstanding payments are paid in full: (i) terminate or suspend Your subscription to the Report; and (ii) assess a late interest fee at the rate of 10% p.a on the outstanding Fee until full payment is made.
Licence
1. MAG grants to You a revocable, royalty-free, non-exclusive, non-transferable licence to use the Report solely for Your own personal use and must not be used for commercial purposes. The rights granted under this agreement are personal to the Subscriber, and You may not sub-licence or assign any whole or part of the Report.
2. For the purposes of this agreement, “commercial purposes” 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.
Confidentiality
1. The Subscriber must maintain confidentiality in relation to any information that is confidential to MAG, the Report or this Agreement, with the exception of information:
  1. required to be disclosed for the purposes of this agreement; and
  2. required to be disclosed in compliance with its statutory, legal and insurance obligations, including disclosure to professional consultants.
2. Except as a result of a breach of this agreement, information which is available in the public domain or obtained through legal means, will not be considered confidential.
3. This clause 6 survives termination or expiry of this agreement.
Privacy
1. We collect and use some of Your information to fulfil Your subscription to the Report. Our Privacy Policy sets out how We will handle your personal information which can be accessed at https://www.aurecongroup.com/footer/privacy-policy.
2. You represent and warrant that in respect of any personal information (within the meaning of the Privacy Act 1988 (Cth) or equivalent legislation in the jurisdiction of the Governing Law), You have the right to disclose the same to MAG, and for it to be collected and used by MAG in the manner contemplated by this Agreement.
Ownership of Intellectual Property Rights
1. All rights, title and interest in the Report, including copyright, trademarks, logos, service marks, design, 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 and no moral rights are waived. You must not remove, alter or obscure any copyright notices, trademarks, trade names, designs or logos that appear in the Report.
Restriction on Use
1. You must not photocopy, reproduce, scan into an electronic system or transmit, forward or distribute any portion of the Report without prior written authorisation from MAG.
Accuracy, completeness, and availability of the Report
1. The information contained in the Report is derived from carefully selected sources we believe are reasonable. MAG does not warrant its accuracy or completeness and nothing in the Report shall be construed to be a representation of such a warranty. You further acknowledge that any forecasts, projections or forward-looking information may be subject to change and uncertainty. MAG have no obligation to update the Report after its release date. The facts and opinions presented in the Report are subject to change without notice
Advice
1. The Report does not constitute, and is not to be construed as, offering of financial instruments, or as investment, tax, legal, accounting or business advice or recommendations by MAG of an investment strategy or whether to “buy”, “sell” or “hold” an investment.
Our Liability
1. To the extent that You buy the Report from MAG as a consumer within the meaning of the Australian Consumer Law, You may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement (Non-Excludable Rights).
2. Except in relation to Non-Excludable Rights, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly disclaimed and excluded under this agreement. You agree to indemnify MAG for any loss or liability arising out of Your use of the Report or any breach of this agreement.
3. In relation to Non-Excludable Rights, Our liability to You for a failure to comply with any Non-excludable Rights is limited to the cost of supplying the services again or payment of the cost of having the services supplied again.
Termination
1. (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.
2. (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.
Disputes
1. If a dispute arises in connection with this agreement, both parties will act reasonably and negotiate in good faith to resolve the dispute. The parties must, as a pre-condition to commencing any formal legal proceedings, arrange for senior executives to meet to negotiate a resolution to the dispute acceptable to both parties.
2. The parties will endeavour to use informal dispute resolution methods as an alternative to formal legal proceedings to assist the parties resolve the dispute, such as mediation.
Miscellaneous
1. MAG will provide You with 7 days’ notice of any material changes to these terms. Otherwise, MAG may amend these terms from time to time by publishing the updated terms with the Report, on their website or otherwise by agreement.
2. This agreement constitutes the entire agreement between us. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
3. This agreement will be interpreted in accordance with and governed by the laws and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia (Governing Law).
4. If the whole or any part of a provision of this agreement is or becomes invalid, illegal or unenforceable under the Governing Law, it is severed in that jurisdiction to the extent that it is invalid, illegal or unenforceable and whether it is in severable terms or not. The remaining provisions of this Agreement shall not be affected or impaired and shall continue in effect.
5. Each party may only assign, transfer or novate this agreement or any of its rights obligations with the other party’s prior written consent which shall not be unreasonably withheld.