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| Terms & Conditions |
Please read the following terms and conditions relating to access of InvestorWeb. By completing and forwarding the Application/Renewal details to InvestorWeb, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions.
Definitions
Company, we, us and our means IWL Ltd ABN 53 078 119 212 and InvestorWeb.Com Ltd ABN 96 090 908 106 of Level 22, 360 Collins St, Melbourne, Victoria, Australia.
Casual Member means a subscriber to InvestorWeb other than a Diamond Member.
Customer, you, your and their means either a Diamond Member or a Casual Member, as the case requires.
Diamond Member means a subscriber to InvestorWeb who pays a monthly subscription (or is an existing 12 month subscriber).
InvestorWeb means a series of Internet pages containing facilities to search and select ASX listed companies with research reports and recommendations on those securities. InvestorWeb also contains facilities such as portfolio management, pricing and graphing tools and calculators which may be added to and upgraded from time to time.
Intellectual Property Rights means copyright, trade mark, design, and patent,
semiconductor or circuit layout rights.
month means a period starting on one day in a calendar month and ending on the numerically corresponding day in the next calendar month, except that if there is no numerically corresponding day in the calendar month in which that period is to end, that period will end on the last day in that calendar month.
Interpretation
Words in the singular include the plural and vice versa;
Words importing a gender include any other gender;
A reference to a person includes bodies corporate and unincorporated associations and partnerships;
Monetary references are references to Australian currency in respect of subscription payments.
1.Term of Agreement
Commencement
Your agreement with us commences on our acceptance of your application and payment in advance. If you do not already have one, we will issue a customer member name and password.
Renewal
12 month Diamond Members renewing their subscriptions must do so by paying a monthly subscription fee in advance. Your membership will continue on the basis of these terms and conditions. Your Customer member name and authorised password remain the same. Your membership will automatically expire after a period of one month. If you wish to renew your Diamond membership, you must telephone us on the number provided.
Casual Members will not be accepted as Diamond Members.
Variation
The Company has the right to change or discontinue any feature of InvestorWeb, including content, hours of availability and equipment required for access. The Company may vary these terms and conditions applicable to Diamond Members by giving not less than 30 days notice in writing. The Company may vary the terms and conditions applicable to Casual Members at any time.
The Company may vary prices by giving you not less than 30 days notice. Such notice will be displayed on the InvestorWeb pricing page.
Termination
Either party may terminate this agreement by giving 21 days notice in writing to the other party, unless otherwise agreed. The notice of termination, which must include member name, password and authorised signature, may be sent by facsimile, post or hand delivery.
Termination by The Company
The Company may terminate this agreement immediately without notice if you breach of this agreement.
2.Charges and Terms of Payment
All charges are payable in advance.
Current charges are displayed on InvestorWeb’s Member Levels page.
InvestorWeb has two categories of charges -
- Subscription charges (Diamond Members)
- Chargeable items (Casual Members and Diamond Members).
Subscription Charges
Subscriptions are available for renewing Diamond Members.
Subscriptions are payable monthly in advance and are subject to termination in accordance with this agreement.
Diamond Members renewing their subscription agree to:
- pay for the service per month by way of credit card unless otherwise agreed;
- if payment is by credit card:
- provide the Company with your current credit card details;
- authorise the Company to deduct, in advance, the monthly fee; and
- authorise the Company to store details of your credit card for the duration of your access to the service.
The Company may terminate the InvestorWeb service in accordance with this agreement.
Security
InvestorWeb protects your credit card details with 128-bit encryption and will take reasonable precautions to protect the security of card details but does not accept any responsibility for any loss you may suffer by providing your credit card details over the phone or via the internet.
Chargeable Items
A Customer need not be a Diamond Member to access certain chargeable items. There may be a different pricing structure for Casual Members and not all chargeable items are available to Casual Members.
Chargeable Items may be accessed only after a pre-paid account is established with the Company.
The minimum amount required to establish an account is AUD$30.
Each time a chargeable item is accessed by a Casual Member, their account will be debited with the corresponding cost of that item.
Payments to pre-paid accounts will only be available to Casual Members when funds are cleared. In the case of cheques, this will be on clearance by the bank, and in the case of credit cards, on authorisation of credit card payments.
There are no refunds of chargeable items accounts paid up-front.
A portion of the chargeable items usage fee and subscription fee may be paid as
royalties to the ASX Operation Pty Ltd or their subsidiaries.
GST
All prices quoted for InvestorWeb subscription services and for InvestorWeb chargeable items are GST inclusive.
3.Live Content Provision
We will provide to Diamond Members, at no additional charge, a limited number of accesses each month to certain ASX Operations Pty Ltd information. These accesses will be known as Live Content Points (‘LCP’). The number and type of LCP will be displayed on the InvestorWeb pricing page. On the 1st day of each calendar month, InvestorWeb will reset each eligible Customer’s account with the appropriate number of LCPs. Any LCPs remaining from the previous month will not be carried forward.
LCPs usage will be determined in accordance with the following table:
Quick Quote
Per original request or refresh of Quick Quote Screen - One stock 4 LCPs
Watch List
Per original request or refresh of Watch List - one stock 4 LCPs
Per original request or refresh of Watch List - more than one stock 10 LCPs
Market Depth
Per original request or refresh of Market Depth Screen 10 LCPs
Trade History
Per original request or refresh of all indices 10 LCPs
Markets Centre (Diamond members only)
Per original request or refresh of Markets Centre screen 5 LCPs
ASX Company Announcements
Per original request or refresh 90 LCPs
If a Diamond Member utilises all no-charge LCPs within a month, the Customer will be directed to a page permitting the pre purchase of additional LCPs which will be registered to their account. Once established, this account will be automatically debited in the ratio of 1 cent to 1 LCP used in order to satisfy the Customer request. Terms of this account are detailed in Clause 2.
Diamond Members may also pre-purchase unlimited access to ASX Live Quotes or to ASX Company Announcements. Details of the pricing and duration of the unlimited use period are displayed on the InvestorWeb Member Levels page. There will be no refunds on a monthly unlimited usage subscription if the request for cancellation and refund is part way through the month.
4.Source of Data
Data included in the InvestorWeb product may be obtained from several suppliers such as
Morningstar Pty. Ltd, ASX Operations Pty Ltd and others. The Company will not be liable
to Customers or third parties for the failure of any of the suppliers to provide
information to be included in the InvestorWeb product.
5.Minimum System Requirements
The InvestorWeb internet site requires a modern browser. Most features will work on older or non-Windows systems and older or non-Microsoft browsers, however we cannot guarantee this to be the case. InvestorWeb is designed and tested to work on Windows 98 or higher and Internet Explorer 5.01 Service Pack 2 or higher.
It is the responsibility of the Customer to meet the minimum operating system and browser requirements.
6.Speed of Transmission
The Company has no control over the speed of transmission of data where the Internet is used for access.
7.Interruption of Service
The Company will use its best efforts to provide access on a 24-hour basis. However
there may be an interruption to the service to facilitate reasonable maintenance by
The Company.
The Company will not be liable to Customers or third parties for interruptions
to the service beyond its control including but not limited to:
- problems with the Customer’s telecommunications services;
- problems with the Customer’s Information Service Providers; or
- problems with the Customer’s own hardware or software.
8.Liability
(a) Use of the InvestorWeb product is at the Customer’s own risk. The Company is not responsible for any adverse consequences arising out of the use of InvestorWeb.
The Company believes that all information contained in the InvestorWeb product is accurate and reliable. However, no warranty of accuracy or reliability as to such information is given to the Customer or to any third party. No responsibility for loss arising in any way from or in connection to errors or omissions in any information provided (including responsibility to any persons by reason of negligence) is accepted by the Company.
(b) If any Act of Parliament prohibits the exclusion of any term, condition or warranty, the liability of the Company for breach of the term, condition or warranty is limited to the re-supply of services or paying of the cost of having the service re-supplied.
(c) To the extent permitted by law, neither we nor any of our officers, employees or agents will be liable to you for any loss or damage (including consequential loss) suffered by you in connection with this agreement or InvestorWeb caused directly or indirectly by any act or any refusal or omission to do any act by us, our officers, employees or agents, or other InvestorWeb users.
9.Intellectual Property and Copyright
The Customer acknowledges that all Intellectual Property Rights of whatever nature, excluding those belonging to the suppliers of raw data as specified below, will remain vested in the Company.
Data supplied by Morningstar Pty Ltd is subject to copyright. All rights reserved. No part of Morningstar Services may be copied, photocopied, reproduced, translated or reduced to or from any electronic medium or machine readable form without the prior consent in writing from Morningstar Pty Ltd.
Some data may be supplied by ASX Operations Pty Ltd and is subject to copyright.
Some data may be supplied Huntleys' Investment Information Pty Limited (a wholly owned subsidiary of Aspect Huntley Pty Limited), and is subject to copyright.
10.Password Security
The Customer:
- Is totally responsible for the use of any password which has been authorised by the Company and for retaining its security;
- is responsible for any use whatsoever of the password whether authorised or not by the Customer; and
- agrees not to reveal any password to any other person.
11.Use of Information
Except for making one printed copy of any materials, files or documents available from,
accessible through or published by InvestorWeb for your personal use (or downloading for
the same limited purpose), these may not be reproduced, republished, broadcast or
otherwise distributed without prior written permission of the Company.
12.Support Services
The Company will provide support for registered InvestorWeb subscribers via email.
The email service for technical support queries is available for Diamond Members and can be found through the Technical Enquires page, accessed from the Help section.
Diamond Members can also post technical support enquiries in the Support Forum. The Company will endeavour to provide 24 hour turnaround on this service. For general support on our website, the email service can be accessed from the
General Enquires page, also available from the Help section.
13.Goods and Services Tax [GST]
GST will be payable on a pro rata basis. The GST will be calculated using the value of the membership subscription and multiplying that by the GST rate (10%).
Members may be able to claim a GST credit from the Australian Tax Office for this GST component. To be able to claim GST credits your business will need to be registered for GST purposes.
14.Governing Law
This agreement will be governed by and construed according to the laws of Victoria.
15.Disputes
Any dispute arising in connection with this agreement which cannot be settled by
negotiation between the Company and the Customer must be submitted to arbitration
in accordance with the rules for the Conduct of Commercial Arbitrations for the time
being of the Institute of Arbitrators Australia. During such arbitration, both parties
may be legally represented. Complaints Handling Policy And Procedures Document
16.Entire Agreement
This agreement constitutes the entire agreement between the Company and the Customer
and supersedes all prior representations, agreements, statements and understandings,
whether verbal or in writing.
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