Proactive Investors Australia Pty Ltd ACN 132 787 654 (the Company, we or us) provides you with access to this website (the Site) on these terms and conditions (Terms and Conditions). Please read these Terms and Conditions carefully before using the Site.
By using and accessing the Site in any capacity, you agree:
(a) that you have read and understood these Terms and Conditions;
(b) that you have read and understood the Company’s privacy policy, which you can access here: https://www.proactiveinvestors.com.au/pages/privacy (Privacy Policy); and
(c) to be bound by these Terms and Conditions and the Privacy Policy.
If you do not agree to the Terms and Conditions or the Privacy Policy, you must not use the Site.
The Company reserves the right to modify or update the Site or the Terms and Conditions (including but not limited to charging fees for any aspect or feature of the Site), at any time and without providing any prior notice to you. Any such modifications or updates will become effective once posted on the Site.
The Company may post a notice to the Site advising you of any material modifications or updates to the Site or the Terms and Conditions. By continuing to use and access the Site, you agree to and accept any such modifications or updates to the Site or these Terms and Conditions.
You acknowledge and agree that:
(a) none of the content on the Site, including any news, quotes, information, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video (Content) is, or is intended to be, general or personal advice;
(b) the principal purpose of the Content and the Site is to provide factual information only and to comment on news;
(c) the Content does not contain or imply any recommendation or opinion intended to influence your financial decisions, including in respect of any particular security, portfolio of securities, transaction or investment strategy, and must not be relied upon by you as such;
(d) in providing you with access to the Content and Site, we have not considered your objectives, financial situation or needs; and
(e) you should make your own enquiries and obtain your own independent advice prior to making any financial decisions.
You acknowledge that in certain circumstances the Company, its related bodies corporate, or their affiliates, may have received, or be entitled to receive, financial or other consideration in connection with providing information about certain entities on the Site or in other communications we send to you.
The Site is provided for use in Australia only. The use of the Site in jurisdictions outside of Australia may be restricted by law. If you use this site outside of Australia, you should inform yourself about and observe any such laws that govern or restrict your use of the Site. This Site is not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Site to be made available.
At any time, and in its sole discretion, the Company reserves the right to:
(a) limit the availability of the Site to any person, geographic area or jurisdiction; and
(b) terminate your access to and use of the Site.
You may only use the Site and the content on the Site, including, but not limited to, the Content, for your personal, non-commercial, informational use only and not for any commercial purposes.
Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, sublicense, broadcast, circulate, republish, duplicate, modify, adapt, upload, post, redeliver using “framing” technology or otherwise, download, copy, translate, reverse engineer, decompile or disassemble any portion of the Site or Content; use data mining, robots or similar data gathering and extraction tools with respect to the Site or Content; otherwise distribute or commercially exploit in any way any portion of the Site or Content; restrict or inhibit any other visitor from using the Site or Content, including, without limitation, by means of "hacking" or defacing any portion of the Site or Content; take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts or damages the functioning of our systems or the Site; express or imply that any statements you make are endorsed by the Company or the Site; or harvest or collect information about visitors to the Site without their express consent and, in each instance, without our prior express written consent.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and the Content and will not use the Site or the Content for any unlawful purpose.
Unauthorised access or use of the Site or the Content is a breach of these Terms and Conditions and the Company reserves the right to take any action in response to a breach of these Terms and Conditions. Without limiting any of the Company’s other rights or remedies, if you breach these Terms and Conditions, or you otherwise have unauthorised access to the Site or the Content, the Company hereby revokes any right you have or permission granted to you by the Company to use the Site or Content.
The Site and the Content are the property of the Company or its licensors and are protected by copyright, trade marks, patents and other applicable laws.
Furthermore, the collection, arrangement and assembly of the Content on the Site are the exclusive property of the Company and are likewise protected by copyright and other applicable laws.
You may not: (1) use, copy, modify or display any of the registered or unregistered trade marks of the Company or its licensors whether displayed on the Site or not, including without limitation, using any meta tags or any other “hidden text” that utilize these marks, or (2) represent that you or any product or service is recognised by or endorsed by the Company or the owner of the relevant trade mark, in the case or each of (1) or (2) without the prior written consent of the Company or the relevant owner in each instance.
You acknowledge that the Content contains data (including but not limited to prices, statistics and calculated information) obtained from a variety of third party sources (Third Party Data). The Company does not make any representation or warranty that any of the Content, including the Third Party Data, will be reliable, accurate or complete. The Company disclaims all responsibility and liability arising in any way from any errors or omissions in the Content, including the Third Party Data, including any loss you may incur in connection with any action or decision made by you in reliance upon the Content or Third Party Data.
You may, through hypertext or other computer links (which may be embedded into the Site), gain access from the Site to websites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that the Company is not responsible for the content or operation of such websites, and that the Company will have no liability to you or any other person or entity for the use of, or inability to use, any third party websites. A hyperlink from this Site to another website does not imply or mean that the Company endorses or approves the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.
The Company assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to you or any person or entity for their use of, or inability to use, any such third party software or materials.
We will use reasonable commercial endeavours to keep the Site available for access on a 24-hour a day basis, subject to scheduled and unscheduled downtime. However, we give no assurances that access will be available at all times and uninterrupted. Furthermore, the Company does not warrant that the operation of this Site will be error-free, secure, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site.
The Content and the Site are provided on an "as is" basis without any express or implied warranties of any kind. The Company and its related bodies corporate, agents, employees, contractors and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the Content or the Site, and to the extent permitted by law, the Company hereby disclaims any and all such express or implied warranties.
To the fullest extent permitted by law, neither the Company nor any of its related bodies corporate, agents, employees, contractors or licensors will be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result. In no event will the Company, its affiliates, agents, employees, contractors or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the Content or the Site.
To the fullest extent permitted by law, (1) the Company and its affiliates, agents, related bodies corporate, employees, contractors and licensors shall not be liable to you or anyone else for any damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages; (2) neither the Company nor any of its related bodies corporate, agents, employees, contractors or licensors will be liable to you or anyone else for any loss or injury resulting from use of, or reliance on, the Content or the Site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Site and any Content or otherwise.
To the fullest extent permitted by law, you agree to indemnify, defend and hold the Company, our officers, directors, related bodies corporate, employees, contractors, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees) and other expenses that arise directly or indirectly out of or from:
(I) your breach of these Terms and Conditions;
(II) your unauthorised use of the Site or the Content; or
(III) any submissions or contributions made by you to or on the Site.
The equity and regulatory news data information contained on the site: (1) is provided by Morningstar; (2) may not be copied or distributed (save (i) as incidentally necessary in the course of viewing it on-line (ii) in the course of printing off single copies of web pages on which it appears for the use of those authorised to view it on-line), or adapted in any way (3) is not warranted to be accurate, complete or timely. This Morningstar-sourced information is provided to you by the Company without any representation or warranty as to its accuracy, reliability or completeness and is used by you at your own risk. You agree that Morningstar and the Company are not responsible for any damages or losses arising from any use of this information and that the information must not be relied upon by you or any other user without appropriate permission from the Company and Morningstar. Please be aware that: (i) the parts of these Terms and Conditions headed ‘Not Financial Advice’ apply to the Morningstar information and data; (ii) the Morningstar information and data provided should not form the sole basis of any investment decision (iii) no investment decision should be made in relation to any of the Morningstar information and data provided without obtaining advice of a professional financial advisor; (iv) past performance is no guarantee of future results; and (v) the value and income derived from investments can go down as well as up.
If you are unsure of any part of the Terms or Conditions please feel free to contact us using the Contact Us page. These Terms and Conditions will be construed according to laws of New South Wales, Australia and by using the Site, you submit to the non-exclusive jurisdiction of the laws of New South Wales, Australia.
Updated: November 2018
