In these terms and conditions, “we” “us” and “our” refers to Investor Systems Pty. Ltd. (Investor Systems). Your access to and use of all information on this Website including purchase of our Services is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our Website you read these terms and conditions.
- Definitions and Interpretations
In these Terms, the following words have the corresponding meaning:
1. “Corporations Act” means the Corporations Act 2001 (Cth) as amended from time to time;
2. “Prepaid Fee” means the subscription fee as determined by Investor Systems from time to time to be paid by you for the Service, which must be paid either on an upfront yearly basis or an up-front calendar monthly basis;
3. “Representative(s)” means any employee, agent or affiliate of Investor Systems;
4. “Service” means any or all of the services that you have subscribed to receive from Investor Systems and that Investor Systems has agreed to provide to you in accordance with these Terms (including but not limited to all text, web content, photographs, video content, audio content and graphics supplied by Investor Systems in accordance with the Service).
5. “Suppliers” mean any third party provider or supplier of goods and services to Investor Systems in connection with the Services, from time to time;
6. “Terms” means the terms and conditions of the agreement between Investor Systems and you as set out in this agreement;
7. “Website” means the Investor Systems website and all Investor Systems informational web pages located at www.investorsystems.com.au;
8. “You” means the person or persons named in the subscription as the “Customer” or “Client” of the Service. If there is more than one Customer or Client, You means each of them separately and every two or more of them jointly. You includes your successors and assigns.
In these Terms, unless the context requires otherwise:
1. The singular includes the plural and vice versa;
2. A reference to a thing includes a reference to a part of that thing;
3. A reference to a document includes the document as modified from time to time and any document replacing it;
4. The words “in writing” include any communication sent by letter or facsimile transmission;
5. A reference to any statute, proclamation, rule, regulation or ordinance includes any amendments, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, regulation or ordinance replacing it. A reference to a specified section, clause, paragraph, schedule or item of any statute, proclamation, rule, regulation or ordinance means a reference to the equivalent section of the statute, proclamation, rule, regulation or ordinance which is for the time being in force;
6. A reference to any agency or body, if that agency or body ceases to exist or is reconstituted renamed or replaced or has its powers or functions removed (“defunct body”), means the agency or body which performs most closely the functions of the defunct body; and
7. A subscription to a Service for “12 (twelve) months” or “1 (one) year” is equivalent to 50 (fifty) weeks in any given calendar year.
- User assent to terms and conditions of service
You represent that you have read these Terms in their entirety and agree:
1. That upon clicking the “I Accept” button on the Website in respect of these Terms, you agree to be bound by these Terms as varied from time to time in accordance with these Terms.
- Registered Users
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a username and password, and access to your user account.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- Our Website Services
1. Our Services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our Website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that all price lists are current.
- Site Access
1. When you visit our Website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
4. The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
5. You are solely responsible for all usage or activity on your Investor Systems account including but not limited to use of the account by any third party authorised by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Investor Systems’ sole discretion, and Investor Systems may refer you to appropriate law enforcement agencies.
6. You may terminate your account at any time by sending an e-mail to Investor Systems (see clause 12). Such termination will take effect immediately. Investor Systems reserves the right to not provide a refund in respect of the balance of any Services paid for that are yet to be provided to you by Investor Systems. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and any access to your account will be terminated.
7. Investor Systems will not provide refunds on discounted Services. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated.
8. You acknowledge and waive any right to a cooling off period offered as you have the option to receive a free trial to the Service before subscribing for the Service.
9. You may suspend your Service(s) for a total of up to 8 (eight) weeks during a subscription term or a calendar year, whichever is greater, by sending an e-mail to Investor Systems. If a serious medical illness requires a further suspension, Investor Systems reserves the right to extend a suspension period on a case-by-case basis.
- Restrictions on use
1. You must not use the Service for any illegal purpose or in any manner inconsistent with the Terms.
2. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or for use by or for the benefit of, any other person or entity.
3. You agree not to use, transfer, distribute or dispose of any information provided by or contained in the Service in any manner that could compete with the business of Investor Systems.
4. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Investor Systems and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Investor Systems and such others.
5. You agree to protect the proprietary rights of Investor Systems and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Investor Systems or its Suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the Service.
6. You agree to notify Investor Systems in writing promptly upon becoming aware of any unauthorised access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
1. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. You may link our Website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
- Intellectual Property Rights
1. The copyright to all content on this Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Website becomes our property. If in future we use your Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without prior notification to you or compensation to you or to any other person who has transmitted your Comments.
4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
1. Investor Systems and its Representatives are not authorised, trained or permitted to provide investment or trading advice or to solicit orders. Investor Systems is not responsible for any actions taken as a result of any investment or trading information provided by Investor Systems and its Representatives as a result of communications from or to you via email, telephone or otherwise, and such information or advice received by you should not be relied upon or considered accurate for any reason.
2. You agree there are risks involved in implementing investment strategies and equities, indices, foreign exchange and commodities investments in general. You agree that future results may not be profitable or equal to representations of past performance; real, indicated or implied. You alone assume sole responsibility for any investment decisions you make based on the Service, or any data or information provided by Investor Systems. Investor Systems and its Representatives are not responsible for any losses you may incur and you agree not to hold Investor Systems liable or responsible for any possible claim for damages arising from any decision you make based on data or information made available to you by Investor Systems and its Representatives, the Service, or any data or information provided by Investor Systems on our Website, even if we are solely negligent.
3. Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
4. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
5. We also take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked website.
- Limitation of Liability
1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Services again or payment of the costs of having those Services supplied again.
b. You agree that your use of the Service is at your sole risk and we accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services we have supplied.
1. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website and Services or;
2. Any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
3. You acknowledge that:
a) The Service includes public information taken from the Australian Stock Exchange and other sources;
b) Investor Systems does not guarantee the sequence, accuracy, completeness or timeliness of the Service;
c) The provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Investor Systems is a party; and
d) Past results are no indication of future performance.
1. Investor Systems may immediately terminate the access to the Website and the Services if it reasonably believes that any of clauses 3, 4, 5, 6, 7 or 8 have been breached by You or if it reasonably believes that You have committed any act or omission that causes, or is likely to cause, Investor Systems to breach the Corporations Act or any other applicable law or regulation. Such termination may be without refund of the Prepaid Fee.
2. In the event of any other breach of the Terms by You, Investor Systems may provide You with a breach notice requiring You to rectify the breach within 14 days. If the breach is not rectified within this period, Investor Systems may terminate the access to the Website and Services. Such termination may be without refund of the Prepaid Fee.
1. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
1. We undertake to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
1. You accept that Investor Systems has the right to change the content or technical specifications of any aspect of the Service at any time at Investor Systems’ sole discretion.
2. You further accept that such changes may result in you being unable to access the Service, for example, because your computer may no longer be compatible with the Service.
1. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
- Entire Agreement
1. The Terms and any other terms and conditions on the Website are the entire agreement between you and Investor Systems.
1. Correspondence must be sent via postal mail to:
11 Sycon Way, Karrinyup WA 6018
Or by email to:
Last updated 24th July 2015 16:00