Website
Content
The
information on this Website is for information purposes only.
It is believed to be reliable, but we do not warrant its completeness,
timeliness or accuracy. User accesses, uses, and relies upon such
content at User's own risk. Please seek the advice of professionals
as necessary regarding the evaluation of any content on this Website.
The information on this Website is not intended as an offer or
solicitation for the purchase of any stock, any other security
or any financial instrument or to provide any investment service
or investment advice in any jurisdiction.
Financial Services
Access Financial does not hold an Australian Financial Services Licence ("AFSL"). Accordingly, Access Financial does not offer any products or services that require an AFSL. Access Financial will not offer securities or financial services nor make recommendations as to securities or financial services
Your
Responsibilities
You
agree that (i) you will not engage in any activities related to
this Website that are contrary to applicable law, regulation or
the terms of any agreements you have with us, and (ii) in circumstances
where locations of this Website require identification for access,
you will be responsible for protecting your user identification
name ("Username") and password from unauthorised use
and disclosure. You will notify us immediately if you become aware
of and believe there has been any breach of security of your information.
You agree that you will not use any robot, spider, other automatic
device or manual process to monitor or copy our web pages, data
or the content contained herein or for any other unauthorized
purpose without our prior express written permission.
Australian
Residents Only
This
Website is controlled and maintained by us in Australia and no
representation is made that the information contained in this
Website is appropriate for use in locations outside of Australia.
You will represent and warrant that you are (i) an Australian
resident, (ii) not a US resident, (iii) not a US person and to
the extent that you access this Website from locations out of
Australia, you will be responsible for compliance with any applicable
local laws.
Links
to Other Sites
Any
links to unaffiliated websites are provided solely for your convenience
only and we have no control over the content on such unaffiliated
websites. If you choose to link to a website we do not control,
we make no warranties, either express or implied, concerning your
use of or inability to use such site, the content of such site,
including the accuracy, completeness, reliability, or suitability
thereof for any particular purpose, nor do we warrant that such
site or content is free from any claims of copyright, trademark,
or other infringement of the rights of third parties or that such
site or content is devoid of viruses or other contamination. We
do not guarantee the authenticity of documents on the Internet
or such other unaffiliated sites. Links to unaffiliated sites
do not imply any endorsement of or responsibility for the opinions,
ideas, products, information, or services offered at such sites,
or any representation regarding the content at such sites and
we expressly disclaim any such endorsement or representation.
In addition, these third party websites may have a privacy policy
or security practices different from this Website so it is important
to read the policies of those sites before sharing your personal
information.
Copyright
and Limitations on Your Use of Information
The
works of authorship contained in this Website, including but not
limited to all design, text, sound recordings, and images, are
owned, except as otherwise expressly stated, by Access. Except
as otherwise expressly stated herein, they may not be copied,
transmitted, displayed, performed, distributed (for compensation
or otherwise), licensed, altered, framed, stored for subsequent
use, or otherwise used in whole or in part in any manner without
Access's prior written consent. Your represent and warrant that
printing or downloading information from this Website is done
so for personal use only.
Potential
Disruption of Service
You
shall be responsible for obtaining and maintaining all telephone,
computer hardware, software, and other equipment needed to access
and use this Website. Access to this Website may from time to
time be unavailable, delayed, limited or slowed due to, among
other things:
(i) hardware failure, including among other things, failures of
computers (including your own computer), servers, networks, telecommunication
lines and connections, and other electronic and mechanical equipment;
(ii) software failure, including among other things, bugs, errors,
viruses, configuration problems, incompatibility of systems, utilities
or applications, the operation of firewalls or screening programs,
unreadable codes, or irregularities within particular documents
or other content;
(iii) overload of system capacities;
(iv) damage caused by severe weather, earthquakes, wars, insurrection,
riots, terrorism, civil commotion, act of God, accident, fire,
water damage, explosion, mechanical breakdown or natural disasters;
(v) interruption (whether partial or total) of power supplies
or other utility of service;
(vi) strike or other stoppage (whether partial or total) of labor;
(vii) governmental or regulatory restrictions, exchange rulings,
court or tribunal orders or other human intervention; or
(viii) any other cause (whether similar or dissimilar to any of
the foregoing) whatsoever beyond our control.
If
access to this Website is unavailable, delayed or limited, or
if this Website does not operate quickly and efficiently you may
be unable to retrieve information on a timely
basis.
If your operations are dependent on such communications with us,
and such communications are disrupted or delayed, you may suffer
losses. Access will not be liable for any such loss.
Indemnification
by User
User
will indemnify Access and its affiliates and their directors,
employees and associates from any claims, losses, expenses and
damages, including
reasonable
legal fees as a result of or relating to:
(i) any breach of these Terms by the User; and/or
(ii) any unauthorised receipt or use of the content in the Website
by the User; and/or
(iii) any unauthorized use of the content in the Website by a
third party as a result of the User?s receipt and use of the Website.
Limitation
of Liability
Due
to the possibility of human and mechanical error as well as other
factors, the Website (including all information and materials
contained on the Website)is provided "as is" and "as
available". We, our affiliates, and any third party data
providers:
(i) are not providing any warranties and representations regarding
the Website;
(ii) disclaim all warranties and representations of any kind with
regard to the Website, including any implied warranties of merchantability,
non-infringement of third party rights, freedom from viruses or
other harmful code, or fitness for a particular purpose;
(iii) do not warrant the accuracy, adequacy, or completeness of
the information and materials contained on the Website and expressly
disclaims liability for errors or omissions in the materials and
information; and
(iv) will not be liable for any delay, difficulty in use, computer
viruses, malicious code or other defect in this Website, any incompatibility
between the Website and the user's files and the user's browser
or other site accessing program, or any other problems experienced
by the User due to causes beyond our control.
No
license to the User is implied in these disclaimers. Nothing herein
shall be construed as limiting or reducing our responsibilities
and obligations to clients in accordance with applicable laws
and regulations.
Under
no circumstances will we be liable for any lost profits, lost
opportunity or any indirect, consequential, incidental, special,
punitive, or exemplary damages arising out of any use of or inability
to use the Website or any portion thereof, regardless of whether
we have been apprised of the likelihood of such damages occurring
and regardless of the form of action, whether in contract, warranty,
tort (including negligence), strict liability, or otherwise.
Online
Communication
Communications
that are sent to us via email or other electronic means may not
be secure or received by us therefore it is not recommended that
confidential information is sent by such means. You accept any
risks that the information sent by such means may not be received
by Access and/or be intercepted or altered by a third party
Amendment
We
or our suppliers may discontinue or make changes in the information,
products or services described herein at any time without prior
notice to you and without any liability to you. Any access thereafter
or use by you of the Website will constitute an acceptance of
these changes. Any dated information is published as of its date
only or, if no date is stated, the date of first posting. We do
not undertake any obligation or responsibility to update or amend
any information on this Website.
Governing
Law and Interpretation
If
any of these Terms shall be held to be unenforceable, the remaining
terms and provisions shall be unimpaired and the unenforceable
term or provision shall be replaced by such enforceable term or
provision as comes closest to the intention underlying the unenforceable
term or provision. These Terms shall be subject to any other agreements
you have entered into with us. The section headings used herein
are for convenience only and shall not be given any legal import.
Your
access to and use of the Website, and these Terms are governed
by the laws of the State of New South Wales and the Commonwealth
of Australia.
In
addition, any action against Access arising from or relating to
your access to and use of the Website, and these Terms, must be
brought by you in the State of New South Wales.
Termination
We
reserve the right to terminate any or all website offerings or
transmissions without prior notice to you. Furthermore, no distribution
or solicitation is made by us to any person to use this Website
or the information, products or services in jurisdictions outside
of Australia.
Material
interests
Access
and its affiliates and their directors, employees and associates
may have or have had interests or positions, or traded the relevant
securities, funds or other financial products contained in this
Website.
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