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Terms of Use and Disclaimer for Australian Shares.com

These terms of use is an agreement between You and e-CBD Pty Ltd ('e-CBD'/'The Publisher'/'we'/'us'), the publishers of Australian Shares.com. We reserve the right to alter the terms of use at any time without notice. Changes to the terms of use will be made available on the Website at which time the changes are made effective. Each time You login to the Website, You will be presented with the most recent version of this terms of use, of which You must agree to before accessing the Website.

General Terms of Use

  • YOU SHOULD NOT use Australian Shares.com as a financial advice service. THIS WEBSITE IS NOT A FINANCIAL ADVICE SERVICE. YOU SHOULD NOT ACT IN ANY FINANCIAL MARKET BASED ON THE INFORMATION CONTAINED OR DERIVED FROM THIS WEBSITE. YOU SHOULD SEEK INDEPENDENT FINANCIAL ADVICE BEFORE MAKING AN INVESTMENT OF ANY SORT.
  • By agreeing to these terms of use, You agree to indemnify and hold e-CBD, and its subsidiaries, affiliates, agents, co-branded partners or any associates free from harm from any claim or demand, including reasonable solicitor or attorneys' fees, made by any third party due to, or resulting from, any Information You submit, post, transmit or make available, in any way, through the use of this Website, Your specific use of this Website, Your violation of this terms of use agreement or Your violation of any rights of another. Furthermore:
  • You agree that should You find any offending Information or Information on this website that contravenes this terms of use, You will immediately notify by email admin@australian-shares.com and request the deletion of such material. You also understand and agree that We have 96 business hours to remove the offending material.

Disclaimer

You understand and agree that the following forms a part of this TERMS OF USE and Your agreement to such forms a condition of use of this Website.

  1. You access this Website at Your own risk. All Information, functionality and purpose of the Website is provided as is and as it is made available. Australian Shares.com in every way disclaims all warranties of any kind, either expressed or implied and including (but not limited to) the implied warranties of merchantability, appropriateness of service and non-encroachment.
  2. Australian Shares.com makes no expressed guarantee or warranty that;
    1. the Australian Shares.com Website will meet Your pre-conceptions or requirements,
    2. that the Website will be available 24 hours a day,
    3. that Website responds to requests in a timely, secure manner, or free or error,
    4. that the Information obtained from this Website is accurate or reliable,
    5. that the quality of any services, products and Information or other material purchased or accessed through Your use of this Website will be accurate, reliable or true,
    6. Any errors in the software (bugs) will be corrected.
  3. Any Information downloaded or otherwise obtained through the use of this Website is done so at Your own will and risk. You are solely responsible for any damage to Your computer hardware, software and data and for any indirect damage caused to You personally, Your property or any third-part or the property of any third-party material cause as a result of Your accessing this Website.
  4. NO ADVICE OR INFORMATION BE IT PRESENTED TO YOU ORALLY, WRITTEN, OBTAINED THROUGH THE WEBSITE OR OTHERWISE FROM Australian Shares.com SHALL CONSTITUTE A WARRANTY ON BEHALF OF Australian Shares.com.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT Australian Shares.com SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Australian Shares.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

NO THIRD PARTY BENEFICIARIES

As a member of Australian Shares.com, You expressly agree that unless otherwise expressly provided in these TERMS OF USE, there are NO third party beneficiaries to this agreement as formed by You and Us.

NOTICES

Australian Shares.com provides notices to members, including notices of change to this TERMS OF USE, by email, post or on the Website.

GENERAL INFORMATION

These TERMS OF USE form the basis for the entire agreement between You and Us and thereby control Your use of the Website which supersedes any previous contract or agreement between You and Us.

The TERMS OF USE and the relationship between You and Australian Shares.com shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You and Australian Shares.com agree to submit to the personal and exclusive jurisdiction of the courts located within the district of Brisbane, Queensland, Australia.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of the TERMS OF USE to abuse@australian-shares.com

MISCELLANEOUS

If any provision of these TERMS OF USE is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer Your membership. Australian Shares.com may assign or transfer its rights with regard to Your membership and these TERMS OF USE. Australian Shares.com's failure to act with respect to any failure by You or others to comply with these TERMS OF USE does not waive Australian Shares.com's right to act with respect to subsequent or similar failures. These TERMS OF USE set forth the entire understanding and agreement between us with respect to the subject matter hereof. This paragraph survives expiration or termination of these TERMS OF USE.

Disclosure and warnings to people who view postings in the discussion forums on Australian Shares.com

  1. e-CBD does not endorse or vouch for the accuracy or authenticity of postings;
  2. no-one is permitted to make postings as a licensed investment adviser, or as a representative of a licensed adviser;
  3. postings are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:
    1. consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and
    2. visit ASIC’s consumer website at www.fido.gov.au for general guidance about investing;
      [Historical note: RG 162.41(c)(ii) was amended on 4/7/2007 to refer to ASIC’s current consumer website.]
  4. people making postings are individually responsible for the accuracy and authenticity of their postings;
  5. because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
  6. you will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the postings;
  7. securities cannot be offered to you for sale or issue through postings on the IDS; and
  8. it is advisable that you alert e-CBD or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.

Disclosure/warnings to people who post on Australian Shares.com

  1. you are personally responsible for your postings (including any alterations you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using the IDS. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
  2. if you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable for you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
  3. if you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting; and
  4. if e-CBD finds or reasonably suspects that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.

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