The Inside Adviser – Terms of Use

Terms of Use

 

The Websites https://theinsideadviser.com.au/ and https://theinsideinvestor.com.au/ (“The Inside Sites”, “Websites”) and associated Electronic Direct Mailouts (EDM) along with other related communication platforms (collectively “The Sites and Services” or “The Sites”) are owned and operated by Shed Connect Pty Ltd and The Inside Network Pty Ltd (“The Inside Network”, “Shed Connect”, “we”, “us”).

 

Your access and use of The Sites is subject to your acceptance of and agreement with the terms, conditions, notices, and disclaimers contained in these Terms of Use (“Terms of Use”). These Terms are important, and you should read them carefully and contact us with any questions before you use the Sites.

 

If you do not agree with any part of these Terms of Use you must refrain from using any The Sites. Use of, and/or access to The Sites constitutes agreement to these Terms of Use. We reserve the right to amend these Terms of Use at any time.

 

By using The Sites you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. You also understand and agree that the service may include advertisements and that these advertisements are necessary to provide The Sites. You consent to receiving emails from us containing advertisements for third party products and services.

 

We may provide any notice required under these Terms by publishing the notice on The Sites. We may amend or vary these terms at our sole discretion by giving notice. The varied terms are to take effect immediately upon notice being given. Your continued use of the The Sites after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of The Sites.

 

Not Advice

 

The Sites give you access to research and opinions about financial markets and financial news, but please be aware that any information on this site should not be considered to be financial product advice. The Sites are published by a media company that provides general information only, which is not intended as investment or financial advice and should not be relied upon as such.

 

The Content on The Sites provides general information only. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances prior to making any investment decisions. Some Content on The Sites provides general information about certain financial products including without limitation securities and managed fund products.

 

The Sites do not provide, and must not be construed as providing, recommendations in relation to any financial products. Prior to any action or investment, you should seek independent professional advice. Nothing contained in this website is intended to be, nor shall it be construed as, advice or recommendation. Any investment or other decisions made by you must be based solely on your own evaluation of the targeted subject for investment, and your financial circumstances and investment objectives, and we will not be held liable for any such investments and decisions.

 

It is distinctly understood and accepted that the shares referred to on The Sites, publications and/or services have not been recommended by us.

Unless otherwise expressly stated, the material on this website is factual information where there is a reasonable likelihood of doubt. It is not intended to imply any recommendation or opinion about a financial product.

 

If any material on this website provided by third parties contains financial product advice, the advice has been prepared without taking into account your objectives, financial situation or needs. You should therefore consider the appropriateness of the advice in light of your own objectives, financial situation or needs, before acting on the advice. If the advice relates to the acquisition, or possible acquisition, of a particular financial product, you should obtain a Product Disclosure Statement (PDS) (if required) relating to the product and consider the PDS before making any decision about whether to acquire the product.

 

Information on The Sites

 

The Sites are published by a media company which employs financial journalists to report financial news. Journalists perform the required research and collect the information that is, ultimately, each day, published on this website and in our news periodicals. As is obvious, the process by which the information is collected and delivered to you is a purely journalistic one and, therefore, the comments, opinions and recommendations reported on this website are not the opinions of The Sites or any of its journalists or other employees.

 

This website makes no representations, and, to the extent allowed by the law, specifically disclaims all warranties, express, implied or statutory, regarding the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any material contained in the website.

 

The information on The Sites 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 Sites, we make no warranties or representations as to its accuracy. The site is specifically designed for experienced financial advisers and institutional investors.

 

The information on The Sites, 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.

 

The Sites nor any of the 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 Sites 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 of The Sites either published by us or third parties.

 

The views expressed on The Sites, both by our journalists and third party contributors, are not necessarily those of us, our offices or its employees.

 

Use of The Sites

 

Your use and browsing of any The Sites 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 The Sites.

 

You agree to use The Sites for personal, non-commercial use only and agree not to: access The Sites in breach of any applicable laws or regulations or these Terms of Use; use The Sites in any manner that we may consider to be objectionable or inappropriate or that would damage, disable or impair The Sites; use The Sites 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 Sites.

 

You are solely responsible for the information or content that you post, transmit, communicate or otherwise make available through The Sites, 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.

 

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 Sites privately.

 

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

 

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

 

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

 

Advertising and links to other web sites

The Sites contain links to third party sites (“Linked Sites”). Linked Sites are not under the control of us, and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us. You link to any Linked Site or Subsequent Site entirely at your own risk.

The Site also contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (“Third Party Material”). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). We do not recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by us, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

We do not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites..

 

Copyright

 

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

 

By submitting content to us or The 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.

 

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 The Sites. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of The Sites 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 Sites that may otherwise infringe or breach such rights.

 

We neither warrant nor represent that your use of materials displayed on any of The Sites Services will not infringe rights of third parties not owned by or affiliated with The Sites.

 

We assume no liability or responsibility for any breach of intellectual property rights or copyright infringement by any third party contributors to The Sites.

 

Use of Images

 

The use of The Sites 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 Sites or by us. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Trademarks

 

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

 

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.

 

Third Party Content and External Links

 

In compiling The Sites, we may rely upon information and material supplied by third parties. You agree that The Sites are 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.

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.

 

Whilst we prioritise ensuring that all information presented on The Sites is correct at the time of publishing, we make no warranties in regards to reviewing The Site or any other websites linked to any The Sites and is not responsible for the contents of any off-site page, whether endorsed by us or not. We do not accept any responsibility for any communications or transactions between you and a third party using The Sites functionality or for your participation in a third party’s event, competition or activity.

 

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.

 

Sharing Functionality

 

Any 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 Sites. We do not make any warranty, representation or guarantee as to the availability or quality of the sharing or embedding functionality.

 

We reserve 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.

 

Warranty

 

You warrant and represent to us that all content communicated or shared by you on The Sites 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.

 

You warrant and represent to us that all content communicated or shared by you on The Sites 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.

 

Liability and Indemnification

 

Neither The Sites nor any other party involved in creating, producing, or delivering any content on The Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, any The Sites.

 

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 Sites; or any materials breach of these Terms of Use or any breach of a warranty contained therein by you or your representative.

 

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.

 

In no event will either The Sites nor any other party involved in creating, producing, or delivering any content on The Sites 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 of The Inside Sites.

 

Disclaimer

 

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

 

We assume no responsibility and accept no liability for any content appearing on The Sites, 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.

 

Notwithstanding anything in these Terms of Use and to the maximum extent possible at law, we exclude all liability:

 

  1. Whatsoever in relation to your use of The Sites or any breach of these terms of use;
  2. Arising from any cancellation, modification, error or interruption to The Sites, whether caused by us or not;
  • Arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with The Sites;
  1. Whatsoever in relation to your reliance on the accuracy, completeness or professional soundness of the content of The Sites;

 

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 Sites 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 The Sites.

 

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 Sites without notice if in our discretion you have breached any of the provisions in these Terms of Use, The Sites or subsidiary or associated websites are down for maintenance or we discontinue the provision of The Inside Adviser and/or Services.

 

Miscellaneous

 

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.

 

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.

 

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

 

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.

 

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.