Terms of Use

About our Website

Welcome to Tibra Capital’s Website. We have created this Website for your use and enjoyment. Your access to or use of the information, text, graphics, photographs, materials and other content on any part of this Website (“Material”) is governed by the following terms of use which together with our privacy policy govern Tibra Capital’s relationship with you in relation to this.

The term ‘Tibra Capital’ or ‘us’ or ‘we’ refers to the owner of the Website(1). The term ‘you’ refers to the user or viewer of this Website.

Availability of Website

Access to this Website may be suspended temporarily or permanently without notice. Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.

Amendments

We reserve the right to change these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use this Website after any such amendments, you are deemed to have agreed to the amended terms of use.

Content

The content of this Website is for your general information and use only. While we believe the Material to be accurate, complete and current, there may be inadvertent technical or factual inaccuracies and typographical errors. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We may make changes to the material on this Website, or to the services described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. It is your responsibility to verify any information before relying on it.

We make no representations about the suitability of the Material of this Website for any purpose. All content is provided on an “as is” and “as available” basis without any warranty of any kind.

Furthermore, we are not responsible for updating, improving, renewing or deleting Material on this Website, nor are we responsible for maintenance of the Website in any way.

Disclaimer

THE MATERIAL ON THIS WEBSITE IS PROVIDED ‘AS IS’ WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH THIS WEBSITE ON THE BASIS THAT WE EXCLUDE 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 THESE CONDITIONS MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.. WE WILL NOT BE LIABLE TO ANYONE WITH RESPECT TO ANY DAMAGES, LOSS OR CLAIM WHATSOEVER, NO MATTER HOW OCCASIONED, IN CONNECTION WITH ACCESS TO OR USE OF THE MATERIAL. IN NO EVENT SHALL WE, OR OUR MANAGEMENT OR STAFF, BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION INCLUDING BUT NOT LIMITED TO CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF THE MATERIAL.

Liability

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, 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, use of 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 this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this 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 this Website or your downloading of any material from this Website or any websites linked to this Website.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

Nothing in this legal notice shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

Use of the Website

You may use this Website and you are permitted to store, print and copy Material from this Website for your personal use only. Material may not be distributed, published, transferred, reproduced or made available to third parties by you without our consent. No licensing rights or rights of use of any kind (except as expressly described herein) are granted to you. We retain all rights (including, but not limited to, all registered property rights, as well as the rights to non-registered brands, copyright, text, graphic material and logos) in relation to the Material.

Unauthorised use of the Website may give rise to a claim for damages and or be a criminal offence.

Links to other websites

For your convenience, this Website may be linked to other websites over which we have no control. We accept no responsibility for the content of any website to which a hypertext link from this Website exists. Such links are provided for your convenience on an “as is” and “as available” basis and we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material provided within them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

You may not create a link to this Website from another website or document without Tibra Capital’s prior written consent.
If we consent to you creating a link to this Website you must not replicate the home page of this Website and our ongoing consent is subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Tibra Capital logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on this Website without our express written permission;
(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.

We expressly reserve the right to revoke the right to link to this Website for breach of any of the terms listed from (a) to (g) above and to take any action we deem appropriate.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Copyright in Material

Unless otherwise expressly indicated in specific Material, copyright and other intellectual property rights subsisting in Material is owned or licensed by us.

Tibra Investment Management

Tibra Investment Management is an asset manager based in Sydney, Australia. It holds an Australian Financial Services Licence as regulated by the Australian Securities and Investment Commission to provide general financial product advice and deals in financial products to wholesale clients in Australia. Tibra Investment Management is not authorised, registered or licensed to provide investment advisory services to persons in the United States or the United Kingdom and accordingly, nothing on this website shall be construed as Tibra Investment Management advertising or providing any such investment advisory services to any persons in the United States the United Kingdom.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms of use shall be subject to the non-exclusive jurisdiction of the English Courts.

(1) Please note that for purposes of this Website, Tibra Capital may include affiliates in the Tibra group of companies. These companies may include Tibra Trading Europe Limited whose registered office is at 5 Aldermanbury Square, London EC2V 7HR, United Kingdom. Tibra Trading Europe Limited’s company registration number is 06061713 in the United Kingdom. Tibra Trading Europe Limited is authorised and regulated by the Financial Services authority.