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Terms of Use

Last Updated: 18 April 2016

Your use of the Microequities Ltd (“Microequities”, “Microequities Asset Management”, “we”, “us”, “our”) website service (“the Service”) is strictly subject to the terms and conditions of use set out below. By using www.microequities.com.au you are agreeing, and you are signifying your agreement, to be bound by these terms and conditions. If you do not agree with all or any of these terms and conditions, as from time to time amended, you should immediately cease using the site.

Description of Service

You understand and agree that the service may include certain e-mail communications from Microequities, such as service announcements, administrative messages and the Microequities newsletter and reports, as well as any advertising or promotions and that these communications are considered part of Microequities membership and you will not be able to opt out of receiving them. You understand and agree that the service is provided “AS-IS” and that Microequities assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.

General

  1. Any waiver of any provision of these terms and conditions must be in writing and signed by Microequities to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Microequities relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Microequities.
  2. Nothing in these terms and conditions shall create or are being deemed to create a partnership or joint venture between Microequities and any other user of this Service.

Copyright and Reproduction Notice and Limited License

  1. All information, content, software, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the “Materials”), contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties.
  2. You are granted a limited non-transferable, non-exclusive license solely for your own use to refer to, bookmark or point to any page within this website, and to download the materials contained on this website to a single personal computer, and to print a single hard copy of the materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including without limitation, any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, republication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Microequities, is strictly prohibited and is in violation of the proprietary rights of Microequities.
  3. All accounts, whether for demonstration purposes or fully registered, that are made available for accessing via this website are protected by copyright and may be protected by other rights. By accessing the Microequities Account, you agree to be bound by the terms and conditions governing the use of this website, including but not limited to the terms of the Microequities Account license set out herein. If you do not agree to all of these terms and conditions do not access any of the Microequities Account, and if you have already accessed it, promptly log out and inform us.
  4. Passwords and security. When you are required to complete a registration process to access a Microequities account, you will provide us with current, complete and accurate information as prompted by the applicable registration form. Your use of the service will involve a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microequities immediately of any unauthorized use of your account or any other breach of security. Microequities will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microequities or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Pursuant to and subject to these terms and conditions, Microequities and/or its licensees hereby grant to you a nonexclusive right to access Microequities Account in online form and any documentation related thereto (the “Documentation”) for so long as such use is in compliance with these terms and conditions and further subject to the following: i. the Microequities account and documentation may be used only by the person who has registered with Microequities (the “Registrant”) ;ii. Registrant shall not, and shall not permit any other person, to alter, modify or adapt or access the Microequities account or documentation, including but not limited to translating, decompiling, disassembling or creating derivative works thereof save to the limited extent permitted by the applicable law; iii. Registrant shall not and shall not permit any other person to copy the Microequities or documentation and registrant shall not, and shall not permit any other person, to give, loan, rent or sub-license the Microequities Account or documentation; iv. Upon termination of the registrants registration, this license agreement shall automatically terminate and registrant shall immediately cease the use of any Microequities account and documentation, and registrant shall properly delete all copies thereof in registrants possession, custody and/or control, in whatever form embodied; and
  5. The registrant’s right to use the Microequities account and documentation shall automatically terminate if registrant fails to comply with any of the terms and conditions governing the use of this site.
  6. Microequities and/or its licensees (as the case may be) retain all right, title, interest and intellectual property rights in and to the materials, the Microequities service and the documentation. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppels or otherwise, any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Microequities , its affiliates or any third party.

Disclaimers

  1. Use of this website is at your own risk. You assume complete responsibility for, and risk of, loss resulting from downloading, using, referring or relying on, materials, or any other information obtained from your use of this website. You agree that Microequities will not be liable for damages arising out of your use or your inability to use this website, or the Microequities service and you hereby waive any and all claims with respect there to, and whether based on contract, tort (including negligence) or other grounds.
  2. This website, the materials and the Microequities service and the documentation are available to all users “as is” without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law Microequities excludes all other warranties express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, Software, Documentation, information, goods and/or facilities advertised or accessed via this website.
  3. Microequities make no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Microequities expressly excludes liability for any infection by computer virus, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Microequities, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
  4. General advice only. Any recipient of the information contained in this webpage or any of the documents contained within it, should note that the information is general advice in respect of a financial product and not personal advice. Accordingly the recipient should note that a) the advice has been prepared without taking into account the recipients objectives, financial situation or need; and b) because of that, the recipient should, before acting on the advice, consider the appropriateness of the advice, having regard to the recipients objectives, financial situation and needs, and undertake to obtain individual professional advice on this matter Although Microequities considers the advice and information contained in the web site and its documents is accurate and reliable, Microequities has not independently verified the information, which is derived from publicly available sources. Microequities assumes no responsibility for updating any advice or recommendation contained in the web site or any of its contents or for correcting any error or admission, which may become apparent after the document has been issued. Microequities do not give any warranty as to the accuracy; reliability or completeness of advice or information contained in this the web site or its document. Except in so far as liability under any statute cannot be excluded, Microequities, its employees and consultants do not accept any liability (whether arising in contract, in tort or negligence or otherwise) for any error or omission in this document or any resulting loss or damage (whether direct, indirect, consequential or otherwise) suffered by the recipient of this document or any other person. Microequities, its employees, consultants and its associates within the meaning of Chapter 7 of the Corporations Act 2001 may receive remuneration from transactions involving financial products referred to in this document. Microequities and its associates (as defined in Chapter 7 of the Corporations Law), officers, directors, employees and agents, companies to which this document refers and may trade in the securities mentioned either as principal or agent. Furthermore, the trading by its associates may not necessarily correspond to the recommendation been provided in this document.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Microequities nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the materials, the Microequities service, the documentation and/or facilities offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Microequities been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In using this website, you are agreeing, and you are signifying your agreement, to be bound by this limitation on the liability of Microequities.

Fraudulent Credit Card Charges or Fraudulent Claims

All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, commercial or otherwise, any portion of the service, use of the service, or access to the service, without the express permission of Microequities separate agreement

Refunds

There are no cancellations or refunds for online orders that have been programmed for immediate download access.

Microequities reserves the right to modify this refund policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy www.microequities.com.au Web site. You agree to periodically review our website, including the current version of our refund policy. It is your obligation to review our refund policy for any such revisions.

Please see our Financial Services Guide (FSG) at http://www.microequities.com.au/fsg//