These terms and conditions and any additional terms which may appear on the Website from time to time apply to the use of the Website. By accessing and using the Website, you agree to be bound by these terms and conditions as amended from time to time. If you do not accept these terms and conditions, you must refrain from using the Website.
Definitions
In these terms and conditions:
- AFSL means Australian Financial Services Licence
- ASIC means the Australian Securities and Investments Commission
- Companies means current and intending ASX-listed companies about which information is provided on the Website
- Forum means the internet discussion site hosted on the Website at smallcaps.com.au/forum and any live chat or similar communication feature associated with this internet discussion site
- Linked Website means a website that is hyperlinked from the Website or whose URL is disclosed on the Website
- Small Caps, we, us and our means StocksOnline Pty Ltd ABN 38 688 727 228
- Website means the website maintained and operated by us at smallcaps.com.au and includes the Forum
Financial Product Advice
Unless otherwise expressly stated, the information provided on the Website is factual information. It is not intended to imply any recommendation or opinion about a financial product and should therefore not be considered to be financial product advice.
We do not hold and are not authorised under an AFSL to provide financial product advice. Before acquiring any financial product you should obtain the product disclosure statement or other relevant disclosure document for the financial product, as appropriate, and read it, including terms relating to any cooling-off regime, before making a decision to acquire the financial product.
Any information provided on the Website is of a general nature only and has been prepared without taking into account your personal objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information in relation to your objectives, financial situation or needs.
You understand that in certain circumstances we or our associates may have received, or be entitled to receive, financial or other consideration in connection with providing information about Companies and other entities on the Website and in communications otherwise provided to you. There may be a conflict of interest present with our commercial arrangements with these Companies and other entities.
Website Content
All information provided by us on the Website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.
No content included is intended for trading or investing purposes and we will not be responsible or liable for any trading or investment decisions made based on such information.
We publish or make available on the Website information, advertisements, and other content supplied and posted by third parties. We do not warrant, represent, authorise, endorse or otherwise assume responsibility for the reliability, accuracy or completeness of any such material published on the Website, including, but not limited to, any financial product advice contained in this material or a representation or warranty given by a third party.
Responsibility for the content of any advertisements appearing on the Website (including via advertisers' Linked Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services.
We make no representations or warranties that your access to or use of the Website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us or users. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material which is posted by any person on the Website.
If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
Prohibited Actions: You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition you must not commercialise any information, products or services from the downloaded material.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to and use of the Website only for your personal use. You must not forward, on-sell or otherwise use information obtained from the Website for commercial purposes without our written permission.
Linked Websites
The Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Use of the Forum
By accessing or using the Forum, you agree to comply with the following rules, which we may vary from time to time by posting an updated version on the Website. We may remove any content posted by you on the Forum at any time without notice to you and in our absolute discretion.
Forum Rules
You must not post on the Forum any content which:
- is defamatory, offensive, abusive, indecent, menacing or unwanted
- is an infringement or potential infringement of any person's intellectual property or any other legal rights
- is false, inaccurate or misleading, including as to its origin
- does not comply with any applicable laws or court orders
- contains a virus or other malicious or harmful code or component
- is obscene or may cause annoyance, inconvenience or needless anxiety to any other person
- relates to commercial activities (including, without limitation, sales, competitions and advertising, and links to other websites)
- impersonates another person
You must not post repetitive content on the Forum or otherwise act in a way that adversely affects other users' ability to engage in real time exchanges on the Forum.
Content License: You grant us a non-exclusive, royalty-free, perpetual, worldwide and irrevocable licence, with a right to sublicense, to use, reproduce, modify, adapt, publish, translate, distribute and display any content that you post on the Forum. You warrant that you own or otherwise have the right to grant us this licence.
We do not endorse, support, represent, guarantee or assume responsibility for the completeness, truthfulness, accuracy, or reliability of any content on the Forum. You understand that by using the Forum, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate.
Intellectual Property Rights
Nothing in these terms and conditions will be taken to transfer to you any intellectual property rights including, but not limited to, copyright, trade marks and patents.
You acknowledge and agree that at all times, we remain the owner of all intellectual property rights, whether registered or unregistered, in any content we provide on the Website or Forum (including text, graphics, logos, icons, sound recordings and software). You will not use our intellectual property except as we expressly provide in these terms and conditions.
Third Party Promotions
If you participate in any third party promotions, offers or marketing campaigns made available via the Website, you acknowledge that such offers or promotions are provided solely by the applicable third party and not by us, and you agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of your participation.
Account Suspension or Termination
We may immediately suspend or terminate your account or access to the Website or Forum at any time and without notice if:
- you breach these terms and conditions
- we believe that your actions may create legal liability for us or expose us or another user to harm
- we are required to do so by law or legal process
- we decide to cease providing the Website or Forum
If we suspend or terminate your account, we will endeavour to notify you in advance and assist you in retrieving your content, but we are not obligated to do so.
Accessibility Outside Australia
Use of the Website and/or the dissemination or offering of information, products or services available in some jurisdictions outside Australia may be restricted by law. Any person who uses the Website outside of Australia should inform themselves about and observe any such restrictions. The Website is not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Website to be made available.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon being posted on the Website. Your continued use of the Website following such posting will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to check these terms regularly for changes.
Privacy Policy
You acknowledge that you have read and understood our privacy policy at smallcaps.com.au/privacy.
Copyright
Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you must not, unless we give you our written permission, do any of the following in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website
- commercialise any information, products or services obtained from any part of the Website
Trade Marks
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks
- in connection with activities, products or services which are not ours
- in a manner which may be confusing, misleading or deceptive
- in a manner that disparages us or our information, products or services (including the Website)
Disclaimer and Indemnity
You must ensure that your access to and use of the Website is not illegal or prohibited by laws that apply to you. We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Website or any Linked Website.
We make no guarantee of any specific results from the use of the Website.
You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any Linked Website.
We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by others in contravention of these terms and conditions.
You indemnify us and our related bodies corporate and our directors, employees and agents against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person authorised to represent you.
Australian Consumer Law
These terms and conditions do not exclude, restrict or modify any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these terms and conditions are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Governing Law
These terms and conditions are governed by the law of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction and waive any right to claim that those courts are an inconvenient forum.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
Waiver by us of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by us. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
Any provision of these terms and conditions that is expressed to survive, or by its nature survive, termination or expiry of these terms and conditions will survive such termination or expiry and continue in effect.
If any provision of these terms and conditions or their application to any person or circumstance is or becomes invalid, illegal or unenforceable, the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.