Terms & Conditions
1. Introduction
The Website Owner, including subsidiaries and affiliates
("Website" or "Website Owner" or "we" or "us" or "our")
provides the information contained on this website or any of
the pages comprising the website ("website") to visitors
("visitors") (cumulatively referred to as "you" or "your"
hereinafter) subject to the terms and conditions set out in
these website terms and conditions, the privacy policy and
any other relevant terms and conditions, policies and notices
which may be applicable to a specific section or module of
this website.
2. Information on the Website
Whilst every effort is made to update the information
contained on this website, neither the Website Owner nor any
third party or data or content provider make any
representations or warranties, whether express, implied in
law or residual, as to the sequence, accuracy, completeness
or reliability of information, opinions, any share price
information, research information, data and/or content
contained on the website (including but not limited to any
information which may be provided by any third party or data
or content providers) ("information") and shall not be bound
in any manner by any information contained on the website.
the Website Owner reserves the right at any time to change or
discontinue without notice, any aspect or feature of this
website. No information shall be construed as advice and
information is offered for information purposes only and is
not intended for trading purposes. You and your company rely
on the information contained on this website at your own
risk. If you find an error or omission at this site, please
let us know.
3. Trade Marks
The trade marks, names, logos and service marks
(collectively "trade marks") displayed on this website are
registered and unregistered trade marks of the Website Owner.
Nothing contained on this website should be construed as
granting any licence or right to use any trade mark without
the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but
they are beyond the control of the Website Owner and no
representation is made as to their content. Use or reliance
on any external links and the content thereon provided is at
your own risk. When visiting external links you must refer to
that external websites terms and conditions of use. No
hypertext links shall be created from any website controlled
by you or otherwise to this website without the express prior
written permission of the Website Owner. Please contact us if
you would like to link to this website or would like to
request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material
submitted to the public areas by you (which include bulletin
boards, hosted pages, chat rooms, or any other public area
found on the website. Any material (whether submitted by you
or any other user) is not endorsed, reviewed or approved by
the Website Owner. The Website Owner reserves the right to
remove any material submitted or posted by you in the public
areas, without notice to you, if it becomes aware and
determines, in its sole and absolute discretion that you are
or there is the likelihood that you may, including but not
limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise
violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory,
obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted
files or any other similar software or programmes that may
damage the operation of the Website Owner's and/or a third
party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable
Australian or international laws or intellectual property
rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional
material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post
any message or material that is unlawful, harassing,
defamatory, abusive, indecent, threatening, harmful, vulgar,
obscene, sexually orientated, racially offensive, profane,
pornographic or violates any applicable law and you hereby
indemnify the Website Owner against any loss, liability,
damage or expense of whatever nature which the Website Owner
or any third party may suffer which is caused by or
attributable to, whether directly or indirectly, your use of
the website to send or post any such message or
material.
7. Warranties
The Website Owner makes no warranties, representations,
statements or guarantees (whether express, implied in law or
residual) regarding the website, the information contained on
the website, your or your company's personal information or
material and information transmitted over our system.
8. Disclaimer of Liability
The Website Owner shall not be responsible for and
disclaims all liability for any loss, liability, damage
(whether direct, indirect or consequential), personal injury
or expense of any nature whatsoever which may be suffered by
you or any third party (including your company), as a result
of or which may be attributable, directly or indirectly, to
your access and use of the website, any information contained
on the website, your or your company's personal information
or material and information transmitted over our system. In
particular, neither the Website Owner nor any third party or
data or content provider shall be liable in any way to you or
to any other person, firm or corporation whatsoever for any
loss, liability, damage (whether direct or consequential),
personal injury or expense of any nature whatsoever arising
from any delays, inaccuracies, errors in, or omission of any
share price information or the transmission thereof, or for
any actions taken in reliance thereon or occasioned thereby
or by reason of non-performance or interruption, or
termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or
representation that information on the website is appropriate
for use in any jurisdiction (other than Australia). By
accessing the website, you warrant and represent to the
Website Owner that you are legally entitled to do so and to
make use of information made available via the website.
10. General
10.1 Entire Agreement
These website terms and conditions constitute the sole
record of the agreement between you and the Website Owner in
relation to your use of the website. Neither you nor the
Website Owner shall be bound by any express tacit or implied
representation, warranty, promise or the like not recorded
herein. Unless otherwise specifically stated these website
terms and conditions supersede and replace all prior
commitments, undertakings or representations, whether written
or oral, between you and the Website Owner in respect of your
use of the website.
10.2 Alteration
The Website Owner may at any time modify any relevant
terms and conditions, policies or notices. You acknowledge
that by visiting the website from time to time, you shall
become bound to the current version of the relevant terms and
conditions (the "current version") and, unless stated in the
current version, all previous versions shall be superseded by
the current version. You shall be responsible for reviewing
the then current version each time you visit the
website.
10.3 Conflict
Where any conflict or contradiction appears between the
provisions of these website terms and conditions and any
other relevant terms and conditions, policies or notices, the
other relevant terms and conditions, policies or notices
which relate specifically to a particular section or module
of the website shall prevail in respect of your use of the
relevant section or module of the website.
10.4 Waiver
No indulgence or extension of time which either you or
the Website Owner may grant to the other will constitute a
waiver of or, whether by estoppel or otherwise, limit any of
the existing or future rights of the grantor in terms hereof,
save in the event or to the extent that the grantor has
signed a written document expressly waiving or limiting such
rights.
10.5 Cession
The Website Owner shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms of
any relevant terms and conditions, policies and notices to
any third party.
10.6 Severability
All provisions of any relevant terms and conditions,
policies and notices are, notwithstanding the manner in which
they have been grouped together or linked grammatically,
severable from each other. Any provision of any relevant
terms and conditions, policies and notices, which is or
becomes unenforceable in any jurisdiction, whether due to
voidness, invalidity, illegality, unlawfulness or for any
reason whatever, shall, in such jurisdiction only and only to
the extent that it is so unenforceable, be treated as pro non
scripto and the remaining provisions of any relevant terms
and conditions, policies and notices shall remain in full
force and effect.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices
shall be governed by and construed in accordance with the
laws of Australia without giving effect to any principles of
conflict of law. You hereby consent to the exclusive
jurisdiction of the High Court of Australia in respect of any
disputes arising in connection with the website, or any
relevant terms and conditions, policies and notices or any
matter related to or in connection therewith.
10.8 Comments or Questions
If you have any questions, comments or concerns arising
from the website, the privacy policy or any other relevant
terms and conditions, policies and notices or the way in
which we are handling your personal information please
contact us.