1. Terms

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and are subject to all applicable laws and regulations. If you disagree with these terms and conditions or any part of these terms and conditions, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. License to use website

Unless otherwise stated, Black Mountain Commodities and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download one copy of the materials on the Black Mountain Commodities website for personal, non-commercial transitory viewing only.

Under this license you must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website (commercial or non-commercial);
  • modify or copy the materials
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

3. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Black Mountain Commodities Pty Ltd express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Black Mountain Commodities Pty Ltd express written consent

4. Disclaimer

This website is provided “as is” without any representations or warranties, express or implied. Black Mountain Commodities Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Black Mountain Commodities Pty Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • implied warranties or conditions of merchantability, fitness for particular purpose, or non-infringement of intellectual property or other violation of rights
  • representations concerning the accuracy, likely results or reliability of the use of materials on its internet site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

Black Mountain Commodities Pty Ltd will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Black Mountain Commodities Pty Ltd has been expressly advised of the potential loss.

6. Reasonableness

By using this website, you agree that the limitations set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

7. Other parties

Black Mountain Commodities Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Black Mountain Commodities Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.

8. Links

Black Mountain Commodities Pty Ltd has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site. Use of any such linked website is at the user’s own risk.

9. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

10. Indemnity

You hereby indemnify Black Mountain Commodities Pty Ltd and undertake to keep Black Mountain Commodities Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Black Mountain Commodities Pty Ltd to a third party in settlement of a claim or dispute on the advice of Black Mountain Commodities Pty Ltd legal advisers) incurred or suffered by Black Mountain Commodities Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

11. Breaches of these terms and conditions

Without prejudice to Black Mountain Commodities Pty Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, Black Mountain Commodities Pty Ltd may take such action as Black Mountain Commodities Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

12. Site Terms of Use Modifications

Black Mountain Commodities Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

13. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Entire agreement

These terms and conditions, together with Black Commodities Pty Ltd “Terms of Trade” and “Privacy Policy”, constitute the entire agreement between you and Black Mountain Commodities Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

15. Governing Law

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.