IMPORTANT LEGAL NOTICE:
BY USING THIS WEBSITE YOU ARE DEEMED TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
These terms and conditions apply to the entire contents of the website under the domain name www.baxter-fx.com (Website) and to any correspondence between the Company and you. BAXTER-FX strongly encourages you to read these terms of use and the associated Privacy Policy before using the website. Use of the Website signifies your acceptance of and agreement to be bound by these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Baxter Financial Services Australia Pty Ltd. (BAXTER-FX)
ACCESS TO THE WEBSITE:
1.1 Access to the BAXTER-FX Website for all users, registered and unregistered, is conditional to the acceptance of the terms and conditions herein and the associated Privacy Policy.
1.2 Access to many areas of the Website is available to all users. However, certain areas of the Website are only available to you upon registering your details with us.
1.3 By accessing any section of the Website, you shall be deemed to have accepted this legal notice in full.
1.4 BAXTER-FX may revise update and delete any content on the website including the information contained in this legal notice at any time, for any reason and without notice or liability to any user or third party. BAXTER-FX strongly recommends that you check the Website’s Terms and Conditions page on each occasion you access the website and review the updated version of these terms and conditions and the associated Privacy Policy. Your continued use of the website following the posting of these changes will signify your agreement to abide by the revised terms and conditions. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
2. LICENCE
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) documents or related graphics on the Website are not modified in any way;
(b) graphics on the Website are not used separately from the corresponding text;
(c) BAXTER-FX's copyright and trademark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by BAXTER-FX or its licensors. You are provided with access to it solely for your personal and non-commercial use. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without BAXTER-FX's prior written permission.
2.4 Any rights not expressly granted in this legal notice are reserved.
3. SERVICE ACCESS
3.1 While BAXTER-FX endeavours to ensure that the Website is normally available 24 hours a day, BAXTER-FX shall not be held liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond BAXTER-FX's control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. BAXTER-FX shall have no obligations with respect to such material. BAXTER-FX and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, nationally or internationally; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 BAXTER-FX shall fully co-operate with any law enforcement authorities or court order requesting or directing BAXTER-FX to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. THIRD PARTY WEBSITES
5.1 Our site may contain links to third party websites which are provided solely for your convenience. By following these links, you are leaving the BAXTER-FX website and entering a website that we do not control . The Company has not reviewed all of these third party websites and and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to provide a link to BAXTER-FX’s Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the baxter-fx.com logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that BAXTER-FX is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with BAXTER-FX nor present any other false information about BAXTER-FX.
(e) you do not otherwise use any baxter-fx.com trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 BAXTER-FX expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify BAXTER-FX for any loss or damage suffered by BAXTER-FX for breach of clause 5.2.
6. REGISTRATION
6.1 Each registration is for a single user only. BAXTER-FX does not permit you to share your username and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
6.3 You may only register once with the Website and you may not operate multiple user names, although you may change your user name, if desired.
7. DISCLAIMER
7.1 While BAXTER-FX endeavours to ensure that the information on the Website is correct, BAXTER-FX does not warrant the accuracy and completeness of the material on the Website. BAXTER-FX may make changes to the material on the Website, or to the products and prices described in it, at any time without any further notice. All information available on the website is current as at the date of writing. This information can rapidly become out of date , and BAXTER-FX makes no commitment to update such material.
7.2 The material on the Website is provided as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BAXTER-FX provides you with the Website on the basis that BAXTER-FX excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
7.3 Any currency or FX information posted on the Website does not constitute an endorsement by BAXTER-FX. Such data also does not constitute a recommendation or endorsement that a particular currency or action is suitable for you, or that you should believe another users currency predictions without using your own judgment. Past performance is no guarantee of future success, in trading or investment.
7.4 The data and other materials found on the Website, including all ratings, scores and selections, do not in any way constitute investment advice or the rendering of investment advice by BAXTER-FX or any other user or member of the Website.
7.5 If you are seeking professional investment advice, you should consult an authorised, professional investment adviser.
7.6 Legal content on the website relates only to the law or laws it is specified to apply to and that law may differ from the law applicable to you. You must make your own assessment of the information and rely on it wholly at your own risk. You should not take any actions in reliance on any information contained on the website without seeking legal advice
8. LIABILITY
8.1 BAXTER-FX, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of BAXTER-FX's related companies and the officers, directors, employees, shareholders or any of their agents , exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the result of use of the Website, any other websites linked to BAXTER-FX’s Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to BAXTER-FX’s Website.
8.2 Nothing in this legal notice shall exclude or limit BAXTER-FX's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. COMMUNICATION
By registering with BAXTER, acceptance to be contacted thereafter by electronic means in regards to the services, information and financial services disclosures is presumed.
10. GOVERNING LAW AND JURISDICTION
9.1 This legal notice and any dispute, controversy, proceedings or claim of whatever arising out of or in any way relating to this legal notice shall be governed by and construed in accordance with the laws of the New South Wales . Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of New South Wales.
11. Risk Disclaimer
11.1 WARNING: HIGH RISK
Trading foreign exchange on margin carries a high level of risk, and is only suitable for sophisticated individuals and institutions. Margined-foreign exchange is a highly-leveraged product. Leverage can work against you as well as for you as it creates additional risk and less exposure. Before deciding to trade in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your investment and therefore you should not invest money that you cannot afford to lose. You may be liable for losses that exceed the amount of margin that you post. To ensure you are aware of all the risks associated with foreign exchange trading, we strongly recommend that you seek independent financial and legal advice before opening an account with us. By choosing to continue with your investment, you are acknowledging that the funds invested are purely risk capital and you can afford to sustain a total loss of all funds deposited.
11.2 Risks associated with Trading Platforms
Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption and failure. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware, software and internet connections.
11.3 Other Risks
Further risk arises due to war, insurrection, riot, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, computer or system failure or other failure of equipment, or malfunction or failures caused by computer virus, high levels of trading volume, failure or malfunctioning of any communications media for whatever reason, interruption (whether partial or total) of power supplies or other utility of service, strike or other stoppage (whether partial or total) of labour, any law, decree, regulation or order of any government or governmental body (including any court or tribunal), or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond BAXTER-FX 's reasonable control.
11.4 Market Opinions
Any opinions, news, research, analysesanalysis, prices or other information contained on this website are provided as general market commentary and do not constitute investment advice. BAXTER-FX will not accept liability for any loss or damage, including, but without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
11.5 Distribution
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.