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Macrovue Limited Website Terms and Conditions

This website is created and controlled by Macrovue Limited (ACN 600 022 679) which is referred to as we, us or our. Your access to this website (the Website) is subject to these terms and conditions, Privacy Policy, notices, disclaimers and any other terms and conditions or other statements issued or authorised by us that are contained on the website (referred to collectively as the Terms). By using the Website you agree to be bound to the Terms.

Macrovue Limited (ACN 600 022 679) operates in Australia under AFSL 484264.

1. Terms and Conditions of Use

1.1 Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be deemed acceptance of the Terms.

1.2 We are a company incorporated in Australia, and the Terms are governed by and subject to the laws of New South Wales, Australia.

1.3 If you do not agree to the Terms, you must not use or access the Website.

2. Use of our contact details

2.1 The publication on the Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.

3. Limitations on Use

3.1 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the user content. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users.

3.2 You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the user content without our prior written permission.

3.3 You agree not to transfer, or attempt to transfer, any material, viruses or code to the Website that could cause damage or harm to the site or in any way impede the security of Website. You may not attempt to alter the Website.

4. General warning

4.1 You should not act, or refrain from acting solely on the basis of the material contained on this Website.

4.2 All information provided on the Website does not take into account your individual circumstances, investment objectives or needs. The information is not investment advice and should not be relied on. You should seek professional advice to assist you in forming your own opinion of the information and its relevance to your individual circumstances, investment objectives and needs.

4.3 Past performance of any product described or referred to on the Website or any website referred to on, or linked to, the Website or accessed through any of those websites (“external website”) is not an indicator of future performance. You should seek professional advice before you decide to invest or consider any action based on information provided on the Website or an external website.

5. Financial Services Guide

5.1 If you are considering using any service offered by us, you must view the relevant Financial Services Guide which forms part of the Terms.

5.2 Your access to, or use of, the Website constitutes your acknowledgment of receipt of the relevant Financial Services Guide.

6. Availability

6.1 Unless otherwise stated expressly, products and services referred to on the Website are only available in Australia to Australian Residents. Foreign law may restrict access to the Website.

7. Access and Security

7.1 We do not warrant that you will have continuous access to the Website or that your access or use will be error-free.

7.2 We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies).

7.3 We reserve the right at any time to deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of the Terms.

7.4 If we issue you with a username and password enabling you to access special features on the Website you must keep these details confidential.

8. Intellectual Property Rights

8.1 We are the owner and/or authorised user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are our copyright and that of our suppliers and our Licensee unless expressly indicated otherwise by us.

8.2 Except as provided in the Terms, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the Website. We own the rights, or have permission to use, the trademarks listed on the Website.

8.3 We may authorise you to use content on the Website if you contact us and we agree in writing.

9. Can you link to the Website?

9.1 You are welcome to link to the Website as long as you observe the following conditions:

  • you present the links in a way which fairly represents us and our License. The link(s) must not cause us embarrassment;
  • the context of the link must not suggest that we endorse you in any way, or have any connection with your site; and
  • the context of the link must not suggest that we have created any of your content.

9.2 To the extent permitted by law, neither us (including all related bodies corporate) will be liable for any loss or damage from any cause (including negligence) to your site and system, or to people linking to us from your site(s), caused by or in connection with your link to the Website. If you create a link to the Website, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect us against all loss, damage, liability, cost or expense arising from or in connection with the link.

10. Links to other sites

10.1 The Website may contain links to other websites (Linked websites). Those links are for convenience only and we are not responsible for the content or practices associated with Linked websites.

10.2 Our link with a Linked website is not an endorsement, approval or recommendation of those Linked websites.

11. Disclaimer and Limitation of liability

11.1 Neither we nor all related bodies corporate:

  • guarantee the safety or security of your computer system or other electronic device;
  • accept liability for any loss or corruption of electronically stored data or any damage to any computer system or other electronic device sustained in connection with the use of the Website or user content;
  • make any representations or warranty of any kind, express or implied as to the operation of the Website or the user content. You expressly agree that your use of the Website is entirely at your sole risk.

11.2 To the extent permitted by legislation such as the Competition and Consumer Act 2010 (Cth), the Website is provided on an “as is, as available” basis.

11.3 The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the Website (including the various functions contained on the Website) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.

11.4 We expressly disclaim all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits whatsoever of any kind resulting from, arising out of or any way related to:

  • any errors in or omissions of the Website and/or the user content, including but not limited to technical inaccuracies and typographical errors,
  • any third party web sites or content directly or indirectly accessed through links in the Website, including but not limited to any errors in or omissions,
  • the unavailability of the Website or any portion,
  • your use of the Website, or
  • your use of any electronic device or software in connection with the Website. This includes but is not limited to direct or indirect consequences of you:
    • acting, or failing to act, on any information contained or referred to on the Website or any external website;
    • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any external website.

11.5 We do not accept any responsibility for any loss or damage caused directly or indirectly (including through negligence), in connection with or arising from your reliance on any information provided on or accessed through the Website or any external website.

11.6 It remains your responsibility to make your own enquiries about the information (including but not limited to inquiries about the accuracy, completeness and usefulness of the information) and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website or any external website.

12. Indemnification

12.1 You indemnify, and will keep indemnified, our directors, officers, employees, servants, agents and contractors against, and must pay each of them on demand, the amount of all losses damages, claims, demands, actions, proceedings, costs and expenses (including legal fees), caused directly or indirectly, in connection with or arising from:

  • failure by you to comply with the Terms;
  • reliance by you on any information provided on or through accessing the Website or any external website;
  • your access to, or use of, the Website and any external website; or
  • access to, use of, or reliance on, any information provided on or through accessing the Website or any external website by any person accessing that information through the Website or any external website.

13. Third Party Rights

13.1 The provisions of paragraphs 11 (Disclaimer and Limitation of Liability), and 12 (Indemnification) are for our benefit and the benefit of our officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.

14. Unlawful Activity

14.1 We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

15. Confidentiality and Privacy

15.1 In the course of your use of the Website, you may be asked to provide personal information to us (User Information). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy, which is incorporated into the Terms by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

15.2 Your use of the Website is subject to our Privacy Policy.

16. Severability of Provisions

16.1 If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

17. Termination

17.1 These Terms are effective until terminated by us.

17.2 In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.

17.3 Such termination shall not affect any legal right that we may have accrued against you up to the date of termination.

17.4 We may also remove the Website as a whole or any sections or features of the Website at any time.