Terms

1. Terms of Use

The website https://new-investor.com.au/  (“The Inside Adviser Site”) and the The Inside Investor e-newsletter and other The Inside Adviser r-related communication platforms (collectively “The Inside Adviser Sites and/or Services”) are owned and operated by Shed Connect Pty Ltd (“The Inside Adviser”, “we”, “us”). Your access and use of The Inside Adviser Sites and/or Services is subject to your acceptance of and agreement with the terms, conditions, notices, and disclaimers contained in these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully. If you do not agree with any part of these Terms of Use you must refrain from using any The Inside Adviser Sites and/or Services. Use of, and/or access to The Inside Adviser and/or Services constitutes agreement to these Terms of Use. The Inside Adviser reserves the right to amend these Terms of Use at any time

2. Information on The Inside Adviser Site

(a) The information on The Inside Adviser Sites and/or Services is for general informational purposes only. It should not be relied upon for any specific purpose and no representation is given as to its accuracy or completeness. While we will use reasonable efforts to include accurate and up-to-date information on any The Inside Adviser Sites and/or Services, we make no warranties or representations as to its accuracy.

(b) The information on The Inside Adviser Sites and/or Services, including any data from third party data providers and/or its associated analysis and commentary, has not been prepared by taking into account your business needs, investment objectives, financial situation, business positioning, your current situation or personal needs.

(c) Neither The Inside Adviser nor any of its published material, including data solicited from third party data providers and/or their associated commentary or analysis, have taken into account individual business or personal needs, and does not constitute nor is it intended to constitute business, investment, financial, bidding, property, mortgage or legal advice and should not be relied upon by any person as a substitute for professional advice. We encourage users of The Inside Adviser Sites and/or Services to facilitate personal inquires with independent professional, legal or financial advisors. As such, we assume no liability or responsibility for any errors or omissions in the content on any The Inside Adviser Sites and/or Services either published by The Inside Adviser or third parties.

(d) The views expressed on The Inside Adviser Sites and/or Services, both by The Inside Adviser and third party contributors, are not necessarily those of The Inside Adviser, its offices or its employees.

3. Use of the New Investor Site

(a) Your use and browsing of any The Inside Adviser Sites and/or Services is at your own risk. We assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing or your downloading of any materials, data, text, images, video, or audio from any The Inside Adviser Sites and/or Services.

(b) You agree to use The Inside Adviser Sites and/or Services for personal, non-commercial use only and agree not to: access The Inside Adviser Site in breach of any applicable laws or regulations or these Terms of Use; use The Inside Adviser in any manner that we may consider to be objectionable or inappropriate or that would damage, disable or impair The Inside Adviser Site; use The Inside Adviser Site to transmit or permit transmission of any unsolicited or uninvited communication to any third parties or to solicit, harvest or collect any personal information or use automated scripts to collect information or otherwise interact with The Inside Adviser Site.

(c) You are solely responsible for the information or content that you post, transmit, communicate or otherwise make available through The Inside Adviser, and you agree that you will not share content that would create any damage, impairment or other liability or that would be, without limitation, an infringement on our rights or the rights of any third party, damaging, unlawful, inaccurate, misleading or fraudulent, harmful, abusive, offensive, invasive of privacy or otherwise inappropriate for whatever reason.

(d) Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like will be treated as, non-confidential and non-proprietary, unless it is clearly intended otherwise, for example in the case of personal information that is communicated to The Inside Adviser privately.

(e) Whilst we take no responsibility and accept no liability for any content that may appear on or may be communicated via The Inside Adviser Site, we reserve the right to remove, delete, screen, edit and monitor any content that is contributed to The Inside Adviser Site at our sole discretion.

(f) You will not represent or purport to any third party that they should rely upon information on The Inside Adviser Sites and/or Services for any specific purpose, or that such information constitutes business, investment, financial, bidding, property, mortgage or legal advice.

(g) You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you receive or share via The Inside Adviser Sites and/or Services or provide to us.

4. Copyright

(a) All content on The Inside Adviser Sites and/or Services is either exclusively and solely owned by or validly licensed to The Inside Adviser (unless otherwise noted) and may not be used or shared without our express written permission except as provided in these Terms of Use. The Inside Adviser expressly reserves all copyright subsisting in The Inside Adviser Sites and/or Services.

(b) By submitting content to us or our Sites, you automatically permit us and our affiliates to use it for any purposes including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting in any media existing now or in the future, and you warrant and represent that you have the right to grant such permission to us. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

(c) You waive any right of attribution and all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in any content contributed by you to our Sites and/or Services. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of The Inside Adviser and its nominated representatives, to any past, present and future doing of any act or omission in relation to any content contributed by you to The Inside Adviser Sites and/or Services that may otherwise infringe or breach such rights.

(d) We neither warrant nor represent that your use of materials displayed on any of The Inside Adviser Sites and/or Services will not infringe rights of third parties not owned by or affiliated with The Inside Investor.

(e) We assume no liability or responsibility for any breach of intellectual property rights or copyright infringement by any third party contributors to The Inside Adviser Sites and/or Services.

5. Use of Images

The use of The Inside Adviser images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on The Inside Adviser Site or by The Inside Adviser. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. Trademarks

The trade marks, logos, and service marks (collectively the “Trade Marks“) displayed on any of The Inside Adviser Sites and/or Services are registered and unregistered Trademarks of The Inside Adviser or others. Your misuse of the Trade Marks displayed on any The Inside Adviser Sites and/or Services, except as provided in these Terms of Use, is strictly prohibited.

7. Intellectual Property Infringement Notification

If you have a copyright infringement notification that you wish to make us aware of, you shall send us a signed notice which identifies the material/s that you believe infringe/s your copyright, identifies the protected copyright work and identifies how the protected copyright work has been or is being infringed. Please include your contact information and send the notice to us as per the details under the ‘Contacting Us’ section in these Terms of Use.

8.Third Party Content and External Links

(a) In compiling The Inside Adviser Sites and/or Services, we may rely upon information and material supplied by third parties. You agree that The Inside Adviser is not liable to you for any loss or damage arising out of or in connection with:

(i) any statement, opinion, representation, or omission made by a third party;

(ii) any resource or third-party website link, or the accuracy of any information or material contained on a third-party website;

(iii) any copyright infringement or other breach of intellectual property rights by a third party; or

(iv) other breach of intellectual property rights by a third party.

(b) We may provide links to other websites including any of our subsidiary sites or to third party advertising from time to time for your convenience. By displaying such content, we do not in any way represent that we endorse the relevant content, its products, events or services, unless expressly stated.

(c) Whilst The Inside Adviser prioritises ensuring that all information presented on The Inside Adviser Sites and/or Services is correct at the time of publishing, The Inside Adviser makes no warranties in regards to reviewing The Inside Adviser Site or any other websites linked to any The Inside Adviser Sites and/or Services and is not responsible for the contents of any off-site page, whether endorsed by The Inside Adviser or not. The Inside Adviser does not accept any responsibility for any communications or transactions between you and a third party using The Inside Adviser’s functionality or for your participation in a third party’s event, competition or activity.

(d) Any access or use by you of those third-party websites is at your own risk and subject to the terms and conditions and privacy policies applicable to those third-party websites.

9. Sharing Functionality

(a) Any of The Inside Adviser content that is shared or embedded on third party sites, including any of our subsidiary sites, may not be used for commercial purposes and may only be shared or embedded in accordance with the functionality made available through The Inside Adviser Site. The Inside Adviser does not make any warranty, representation or guarantee as to the availability or quality of the sharing or embedding functionality.

(b) The Inside Adviser reserves all rights in relation to the content, including the rights to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion, with or without notice to you. If you receive such notice you must remove the content in a timely way within one business day of the request being made. You must display sufficient contact information on the relevant website for these purposes.

10. Warranty

(a) You warrant and represent to us that all content communicated or shared by you on The Inside Adviser Site or subsidiary or associate websites is accurate, true and complete and you agree to notify us immediately in the event that any information provided changes.

(b) You warrant and represent to us that all content communicated or shared by you on The Inside Adviser Site or subsidiary websites is original to you, will not infringe any intellectual property rights of any third parties and is not defamatory, abusive, harassing, intimidating, discriminatory, obscene or in any way objectionable or inappropriate or otherwise an infringement on our rights or the rights of third parties.

11. Liability and Indemnification

(a)Neither The Inside Adviser nor any other party involved in creating, producing, or delivering any content on The Inside Adviser Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, any The Inside Adviser Sites and/or Services.

(b) Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of The Inside Adviser Sites and/or Services; or any materials breach of these Terms of Use or any breach of a warranty contained therein by you or your representative.

(c) To the extent that our liability for breach cannot be excluded by law, our liability will be limited to the extent provided for by the Australian Consumer Law.

(d) In no event will either The Inside Adviser nor any other party involved in creating, producing, or delivering any content on The Inside Adviser Site be liable for any incidental, special, consequential, indirect, or punitive loss or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising out of your access to, or use of, any The Inside Adviser Sites and/or Services.

12. Disclaimer

(a) We do not make any representations or warranty that any of the information or other content provided on The Inside Adviser Sites and/or Services is reliable or accurate or complete and we do not accept any liability arising from errors or omissions.

(b) We assume no responsibility and accept no liability for any content appearing on The Inside Adviser Sites and/or Services, including but not limited to articles, reports, blogs, comments, discussions, chats, postings, transmissions and bulletin boards and/or for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained in such content.

(c) NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:

(i) WHATSOEVER IN RELATION TO YOUR USE OF NEW INVESTOR SITES AND/OR SERVICES OR ANY BREACH OF THESE TERMS OF USE;

(ii) ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION IN NEW INVESTOR SITES AND/OR SERVICES, WHETHER CAUSED BY US OR NOT;

(iii) ARISING FROM ANY DEFECT, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH NEW INVESTOR SITES AND/OR SERVICES; OR

(iv) WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR PROFESSIONAL SOUNDNESS OF THE CONTENT OF NEW INVESTOR SITES AND/OR SERVICES.

13. Amendments

We may change, modify, add or delete portions of these Terms of Use from time to time at our sole discretion and your continued use of the any The Inside Adviser Sites and/or Services constitutes your acceptance of those changes. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the any The Inside Adviser Sites and/or Services.

14. Suspension and Termination

Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your use of The Inside Adviser and/or Services without notice if in our discretion you have breached any of the provisions in these Terms of Use, The Inside Adviser Site or subsidiary or associated websites are down for maintenance or we discontinue the provision of The Inside Adviser and/or Services.

15. Miscellaneous

(a) These Terms of Use are governed by the laws of New South Wales and Victoria and you hereby submit to the exclusive jurisdiction of the courts of New South Wales and Victoria and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

(b) In the event that any clause or part of a clause is held to be unenforceable, that clause or part of a clause will be severed and the remaining provisions will remain in full force and effect.

(c) No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

(d) These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.

16. Contacting Us

You may direct any questions, concerns or complaints regarding these Terms of Use by contacting us at [email protected] and we will endeavour to respond to any communications of this nature regarding your concerns and will cooperate with the appropriate regulatory authorities, to resolve any complaints regarding Terms of Use that cannot be resolved internally.