Australian Stock Report: Standard Terms & Conditions
Australian Stock Report Pty Ltd ACN 106 863 978 AFS Licence 301682 (ASR) is licensed as an Australian Financial Services Licensee pursuant to section 913B of the Corporations Act 2001 (Cth).
Before acquiring any of ASR’s Services you should obtain and consider our Financial Services Guide. If you have not received our Financial Services Guide please contact ASR to obtain a copy (see clause 24).
All of ASR’s telephone communications are recorded for quality and coaching purposes. Please inform the ASR consultant if you do not wish to have your phone conversation recorded.
Terms and Conditions
YOU SHOULD READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF OUR SERVICES.
If you do not understand any of these terms and conditions (the Terms), you should seek clarification from the Australian Stock Report Member Support Line and/or your solicitor BEFORE you accept these Terms. Acceptance of these Terms commences a commercial relationship with ASR and places legal obligations on both you and ASR. Once you have read and understood the Terms, please indicate your acceptance by clicking on “I ACCEPT” at the bottom of this page.
By continuing to access or use this Website, or any Service on this Website, you affirm your acceptance of these Terms. Unless agreed in writing by ASR, any terms and conditions proposed by you which are in addition to or which modify or conflict with the Terms are expressly rejected by ASR and will be of no force or effect.
Acknowledgement by subscriber – General Advice
By subscribing to the Services provided by ASR, you confirm that you are only receiving general advice. You acknowledge, in relation to any advice provided by ASR as part of a Service, including, without limitation, any trading strategies presented by ASR, or any advice provided by ASR on whether you should become a subscriber to any Service, that:
- the advice does not take into account your investment objectives or financial circumstances;
- before acting on the advice, you will consider whether the advice is appropriate having regard to your investment objectives and financial circumstances; and
- if the advice relates to the acquisition of a financial product for which a product disclosure statement, prospectus or other disclosure document is available, you will obtain and consider the relevant document before making any decision to acquire such a financial product.
If You AGREE to partake in the free trial of myStockReport or You are invited to partake in any other Service provided to you by ASR, your use of the Trial is subject to these Terms & Conditions. The agreement between You and ASR for the purposes of the trial shall commence on the date that You register for the trial and shall continue for the length of the trial period notified to You by ASR on the registration page. ASR will provide You with confidential login details to access the Service and should not be disclosed to any third party.
By accepting a product trial you are not subject to fees and payment, clauses 6, 7 and 8 (a)(e).
1. Definitions and Interpretations
In these Terms, the following words have the corresponding meaning:
Corporations Act means the Corporations Act 2001(Cth) as amended from time to time;
myStockReport (MSR) is a subscription based service for traders and investors. The reports feature market commentary, research, trading recommendations, expert editorials and gives members access to a team of professional traders and analysts. MSR features the following reports:
- Trading Report – The perfect tool for short- and medium-term traders. It covers the Australian stock market and U.S. equities. The report contains regular trading recommendations (longs and shorts), based on technical analysis. The report is updated each morning and afternoon, whilst our news, blog and forum updates throughout the day will help you keep your finger on the pulse of the market.
- Investing Report – The perfect tool for investors looking to improve their investing knowledge and accumulate long-term wealth. This report features regular investing recommendations for the Australian share market, based on fundamental analysis. The report is published multiple times per month, with a blog page within the report to keep you up to date with key developments in between publishing; and
- SMSF Report – The perfect tool for SMSF investors looking to accumulate long-term wealth. Designed for investors running or setting up an SMSF, the report combines coverage of the Australian share market with information to help you maximise the effectiveness of having an SMSF and features regular investing recommendations based on fundamental analysis. The report is published multiple times per month, with a blog page within the report to keep you up to date with key developments in between publishing;
Prepaid Fee means the subscription fee as determined by ASR from time to time to be paid by you for the Service, which must be paid in accordance with clause 6.1(b), and may be paid either on an upfront yearly basis or an up-front calendar monthly basis (monthly fee only available on promotional offers as determined by ASR);
Service means any or all of the services that you have subscribed to receive from ASR and that ASR 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 ASR in accordance with the Service). These services may include, amongst other things, the following ASR branded services:
- Options Report;
- myStockReport (MSR);
- Australian Stock Report; and
- other services provided by ASR from time to time.
SMS/Email Alerts means the trade recommendation is sent via text message and or email;
Special Offer means that from time to time Australian Stock Report will run special offers for its members, readers and expired members. If any of the Free Gifts are unavailable for any reason, ASR, in its discretion, reserves the right to substitute the gift of similar value. A Free Gift is non-refundable, non-transferable and cannot be taken as cash. Only one Free Gift per person, per transaction will be awarded. If a Special Offer is interfered with in any way or is not capable of being conducted as reasonably anticipated for any reason, ASR reserves the right, in its sole discretion, to the fullest extent permitted by law, to modify, suspend, terminate or cancel the Special Offer. Any cost associated with accessing the websites referred to in these Terms and Conditions is your responsibility. ASR makes no guarantee of the availability of any web service and will not be held
Suppliers mean any third party provider or supplier of goods and services to ASR in connection with the Services, from time to time;
Terms means the terms and conditions of the agreement between ASR and you as set out in this agreement;
Website means the ASR website and all ASR informational web pages located at www.australianstockreport.com.au;
Youmeans 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:
- the singular includes the plural and vice versa;
- a reference to a thing includes a reference to a part of that thing;
- a reference to a document includes the document as modified from time to time and any document replacing it;
- the words “in writing” include any communication sent by letter or facsimile transmission;
- 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;
- money amounts are stated in Australian currency unless otherwise specified;
- 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
- a subscription to a Service for “12 months” or “1 year” is equivalent to 52 weeks in any given calendar year.
2. User assent to terms and conditions of service
You represent that you have read these Terms in their entirety and agree:
- 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;
- to comply with all applicable laws regarding the transmission of any data obtained by you in accordance with the Terms;
- not to use the Website or the Service for any illegal purpose; and
- not to interfere with or disrupt networks connected to the Website or the Service.
3. Restrictions on use
- You must not use the Service for any illegal purpose or in any manner inconsistent with the Terms.
- 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.
- 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 ASR. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by ASR 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 ASR and such others.
- You agree to protect the proprietary rights of ASR 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 ASR or its Suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the Service.
- You agree to notify ASR 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.
- You acknowledge that by entering into these Terms, you do not acquire any rights (whether proprietary or otherwise) in or to the Service and materials contained in the Service other than the limited right to use the Service and download content from our Website in accordance with the Terms.
- Should you choose to download content from the Service, you must do so in accordance with the Terms. Any such download is licensed to you by ASR only for your own personal, non-commercial use in accordance with the Terms and ASR does not transfer any other rights to you.
5. Intellectual Property
- You acknowledge and agree that all present and future rights in the Website and the Service, including but not limited to any text, content, photographs, video, audio and graphics in respect of the Website and the Service, whether conferred by statute, at common law or in equity and wherever existing, including trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and the Service (the Intellectual Property Rights) shall, as between you and ASR, at all times be and remain the sole and exclusive property of ASR.
- You acknowledge and agree that ASR’s Intellectual Property Rights are protected by copyrights, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of Australia and other countries.
- All present and future rights (including the Intellectual Property Rights) in, and title to, the Website and the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ASR for its exclusive use.
- Except as specifically permitted by the Terms, you may not copy or make any use of the Website or the Service or any portion of the Website or the Service.
- Except as specifically permitted in accordance with these Terms, you shall not use the trademarks, trade names, service marks, trade marks, logos or titles of ASR, the Website or the Service, or the names of any individual participant in, or contributor to, the Website or the Service, or any variations or derivatives thereof, for any purpose, without ASR’s prior written approval.
- The Service is also protected as a collective work or compilation under Australian copyright laws and any other applicable laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works which belong to ASR.
- You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
6. Fees and payments
6.1 Prepaid fees
- In consideration of receipt of the Service from ASR and your access to the Website, you agree to pay to ASR the Prepaid Fee.
- Subject to clause 19, these Terms commence on the date of your acceptance of the Terms and remain in place for 12 months (Initial Term) or for the duration of your subscription to the Service, whichever is greater.
8. Registration and account establishment
- As part of the registration and account creation process is necessary for you to obtain access to portions of the Service that require a fee or payment, you will be provided a subscriber identification (ID) and a password for your ASR account.
- You will provide ASR with certain registration information, all of which must be accurate and updated by you (also see clause 16 regarding privacy of personal information about you).
- You are solely responsible for all usage or activity on your ASR account; including but not limited to use of the account by any third party authorised by you to use your ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in ASR’s sole discretion, and ASR may refer you to appropriate law enforcement agencies.
- You may terminate your account at any time by sending an e-mail to ASR (see clause 19). Such termination will take effect immediately. ASR 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 ASR. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and access to ASR’s services, accounts and Portals will be terminated.
- ASR will not provide refunds on discounted subscriptions. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated.
- 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.
- You may apply to suspend your Service(s) for a total of up to eight weeks during a subscription term or a calendar year, whichever is greater, by sending an e-mail to ASR. ASR reserves the right to approve applications for service suspension at its discretion and on a case-by-case basis. If a serious medical illness requires a further suspension, ASR reserves the right to extend on a case-by-case basis.
9. Disclaimer and limitation of liability
- You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained in the Service, including, but not limited to, content, services, goods or advertisements (the Items) are provided “as is” and that, to the maximum extent permitted by law, ASR makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use.
- ASR does not warrant that the Service is compatible with your computer equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features.
- You agree that ASR, its directors, officers, employees, Suppliers and agents shall to the maximum extent permitted by law have no responsibility or liability to you or any other person for:
- any injury, damages (including any punitive, incidental or consequential damages), claim, expenses, lost profits or losses suffered by you or any other person, whether caused by the negligence of ASR, its directors, officers, employees, Suppliers or agents, or otherwise arising in connection with or as a direct or indirect result of the Service, or
- 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.
- The content of other websites, services, goods or advertisements that may be linked to, or advertised on, the Website or the Service are not maintained or controlled by ASR. ASR is not responsible for the availability, content or accuracy of any such websites, services, goods or advertisements that may be linked to, or advertised on, the Website or the Service.
- ASR does not:
- make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website or the Service;
- guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to, or advertised on, the Website or the Service; or
- make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to, or advertised on, the Website or the Service.
- ASR is also not responsible for:
- the reliability or continued availability of the telephone lines and equipment you use to access the Service; and
- any SMS/Email Alerts not being received by you due to your mobile phone:
- being switched off;
- having a flat battery; or
- being out of mobile range;or due to:
- there being a problem with either our or your telecommunications service provider; or
- your inability to communicate your order to your stockbroker.
- You understand that ASR and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
- To the maximum extent permitted by law, including in circumstances including, but not limited to, the negligence of ASR or its directors, officers, employees, Suppliers or agents, none of ASR or its directors, officers or employees, Suppliers or agents shall be liable to you for any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from use of or inability to use the Service or any links or items on the Website or the Service or any provision of the Terms, such as, but not limited to, loss of revenue or anticipated profits or lost business.
- In no event shall ASR’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you for the Service.
- You acknowledge that:
- the Service is provided for information purposes, and advice (if any) is general advice and not personal advice;
- the Service includes public information taken from the Australian Stock Exchange and other sources;
- ASR does not guarantee the sequence, accuracy, completeness or timeliness of the Service;
- the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which ASR is a party; and
- past results are no indication of future performance.
- Accordingly, to the maximum extent permitted by law, ASR, its directors, officers, employees, Suppliers and agents shall not, directly or indirectly, be liable, in any way, to you or any other person for:
- any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data;
- any delays, errors or interruptions in the transmission or delivery of the Service; or
- any loss or damage arising from or caused by the matters set out in paragraphs (i) and (ii) above or by any reason of non- performance.
10. Advice is limited to general advice
- You acknowledge that all ‘Suggested Trades’ and ‘Demonstrated Trades’ (as those terms are described within the Service) (the Trades) are a result of technical analysis of trading data in relation to traded financial products selected by ASR, and to the extent that the ‘Trades’ prompt consideration of entering or not entering into a transaction, that advice is limited to general advice which is based solely on technical analysis of the financial products selected by ASR and does not take into account your investment objectives or financial circumstances.
- You acknowledge that before acting on any Trade you should consider the appropriateness of acting on the Trade in light of your investment objectives or financial circumstances or seek further advice from your financial adviser on the appropriateness of doing so. You also acknowledge that ASR will not provide you with advice on the personal appropriateness of a Trade or any other content of the Service.
- You acknowledge that if a Trade relates to the acquisition of a financial product for which a product disclosure statement, prospectus or other disclosure document is available, you will obtain and consider the relevant document before making any decision to acquire such a financial product.
- If you receive advice from ASR in relation to subscribing to the Service, you acknowledge that the advice was limited to general advice and did not consider the appropriateness of the subscription to you personally in light of your investment objectives or financial circumstances.
11. Prohibited market conduct
You acknowledge that all your market dealings (i.e. placement and execution of orders) must comply with those parts of the Corporations Act governing dealings in tradable financial products and with the trading rules of the financial market on which your dealings are to be conducted and to which you and your stockbroker are subject, and you agree that you shall not engage in conduct prohibited on financial markets (for example, insider trading, market manipulation, false trading and market rigging (e.g. entering into transactions that do not change beneficial ownership), misleading or deceptive conduct or conduct likely to mislead or deceive).
12. Execution and settlement of transactions
- You acknowledge that to act on the information provided by the Service and enter into transactions requires you to make appropriate arrangements with a stockbroker familiar with the type of instructions you wish to give and the style of business you wish to transact.
- You acknowledge that ASR has no role or involvement in the transaction execution and settlement process.
- You acknowledge that at your request, and should ASR choose to do so, it may refer you to a particular stockbroker and may receive referral fees or other benefits as a consequence.
- You acknowledge that your ability to execute transactions will be subject to prevailing market price and liquidity, trading halts and suspension, and to procedural arrangements in place at your stockbroker. You also acknowledge that the market-making and dealing practices on derivatives markets may restrict your ability to transact.
- You acknowledge that the technical analysis provided by ASR in connection with the Service is conducted on the previous trading day’s data, which does not take into account subsequent
- market developments, offshore and domestically, and which should be considered prior to acting on the ‘Suggested Trades’.
13. Representations and Warranties
You acknowledge, represent and warrant that:
- you have the power and authority to enter into these Terms;
- you are at least 18 years old;
- you must not use any rights granted in accordance with these Terms for any unlawful purpose;
- you must use the Service as set forth in these Terms;
- ASR has not made any representations to you regarding the viability of any Trades or other transactions suggested in the Service, nor has ASR made any representations concerning any returns or profits in connection with any such Trades or transactions; and
- your subscription to a Service presumes that you have an understanding of how the derivativesandsecuritiesmarkets operate and the associated risks involved in trading in those markets. You acknowledge that you are aware of the costs involved in following any trading suggestions and that the returns from any trades in the derivatives and securities
- markets or any other financial market can be negative.
- You agree, at your own expense, to indemnify, defend and hold harmless ASR and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against ASR, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against ASR, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to:
- your use or someone using your computer’s use of the Service;
- your use or someone using your account, where applicable;
- a violation of the Terms by you or anyone using your computer (or ASR account, where applicable);
- a claim that any use of the Service by you or someone using your computer (or ASR account, where applicable) infringes any intellectual property rights of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions or alterations to, or any unauthorised use of, the Service by you or someone using your computer (or account, where applicable);
- any misrepresentation or breach of representation or warranty made by you contained in these Terms; or
- any breach of any covenant or agreement to be performed by you in accordance with these Terms.
- You agree to pay any and all costs, damages and expenses, including, but not limited to, a lawyer’s reasonable fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
15. Use of forums
- ASR has rules regarding the use of forums on the Website as follows:
- inflammatory comments are not allowed;
- derogatory comments are not allowed;
- coarse language is not allowed;
- no spruiking of stocks (e.g. exaggerating value of stocks you own);
- the Website is not to be used for the purposes of entering into or engaging in market rigging or manipulation; and
- no comments that may cause ASR to commit an offence or otherwise contravene the Corporations Act, as determined by ASR in its sole discretion.
- ASR reserves the right to delete any message and to disallow any subscriber from accessing the Forums if any of the above rules are breached.
- Forums are to be used by you for discussion purposes only and any forum discussions are to be conducted in a professional and civil manner.
- ASR does not endorse or vouch for the accuracy or authenticity of any information posted by you, or a third party authorised by you, on the Forums.
16. Privacy statement acknowledgement
- Your personal information will be used for establishing and maintaining your ASR account as a subscriber. Unless required by law, your personal information will not be disclosed to any third party without your consent.
- Your personal information is stored securely and is available for you to review and update as necessary.
If you are dissatisfied with the Service and wish to make a complaint, please submit in writing to firstname.lastname@example.org or by postal address (see clause 24) attention to the Customer Service Manager. ASR will consider your complaint in confidence and in accordance with our complaint handling and dispute resolution procedures (Please see our Financial Service Guide for an outline of these procedures).
You acknowledge that ASR may amend the Terms by giving not less than 30 business days written notice to you. Any such amendment will not affect any rights and obligations of either you or ASR which remain undischarged prior to the amendment. You also acknowledge that any amendment at your instigation must be agreed in writing and signed by you and ASR before coming into effect.
- ASR may immediately terminate the access to the Website and the Services if it reasonably believes that any of clauses 3, 4, 5 or 11 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, ASR to breach the Corporations Act or any other applicable law or regulation. Such termination may be without refund of the Prepaid Fee.
- In the event of any other breach of the Terms by You, ASR 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, ASR may terminate the access to the Website and Services. Such termination may be without refund of the Prepaid Fee.
20. Governing Law
- These Terms shall be governed and construed in accordance with the laws of Victoria, Australia.
- You agree to submit to the personal jurisdiction of the courts located in Melbourne with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.
- You accept that ASR has the right to change the content or technical specifications of any aspect of the Service at any time at ASR’s sole discretion.
- 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.
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.
23. Entire Agreement
The Terms and any other terms and conditions on the Website are the entire agreement between you and ASR.
Correspondence must be sent via postal mail to: Australian Stock Report, Exchange Tower, Level 8, 530 Little Collins Street, Melbourne VIC 3000
[Last updated on 12 December 2014, 3:00 PM]