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WEBSITE TERMS AND
CONDITIONS
1. The National Institute of Financial Studies Pty Ltd ABN 010 285
677 (NIFS) owns and operates www.nifs.net.au (the "Site") and the
service offered on it. The user's access to, use of, linking to
the Site is conditional upon the user's acceptance and compliance
with the terms, conditions, notices and disclaimers contained in
this document ("User Terms"). The user's access to, use of,
linking to the Site constitutes the user's agreement to be bound
by the User Terms.
2. NIFS reserves the right to amend or modify these terms or
conditions, or impose new conditions on use, at any time, and the
user should periodically refer to them in this document.
Ownership of content on
the Site
3. With the exception of third party material set forth below, the
user acknowledges and agrees that NIFS owns all intellectual
property rights in the Site.
4.The materials displayed on the Site, including without
limitation all information, text, materials, graphics, software on
the Site and any other proprietary rights associated with the Site
are protected by copyright, trade mark and other intellectual
property laws unless expressly indicated otherwise on the Site.
Access to and use of the
Site
5.The user may view the Site using a web browser and save an
electronic copy, or print out a copy and make a single hard copy,
of parts of this web site solely for the user's own information,
research or study.
6.Except as provided by the Copyright Act 1968 and as expressly
provided for in these User Terms the user must not modify, copy,
reproduce, republish, frame, upload to a third party, post,
transmit or distribute the content of this Site in any way without
the written permission of NIFS
7.The user must accept and assume full responsibility for the
control of its employees, agents, sub-contractors in the use of
the Site.
8.The user must supply all necessary equipment to view the Site at
its own expense.
9.The user is responsible for the payment of any telecommunication
costs associated with access to the Site.
10. The user is responsible for maintaining the confidentiality of
its account number, username and/or password.
11. The user is responsible for all uses of its account whether or
not authorised by the user.
Limitations to the use of
the Site
12.The user must not use the Site in any manner or for any purpose
which is unlawful or in any manner which violates any right of
NIFS or other related companies or which is prohibited by the User
Terms.
Limitation of liability
13. NIFS, its related companies, and their directors, officers,
agents, employees or contractors do not:
(a) give any representation or warranty as to the reliability,
availability, accuracy, absence of viruses or other harmful
components or the completeness of the Site content; or
(b) warrant that any of the functions contained in any content or
access to the site will be uninterrupted or error-free.
14. NIFS, its officers, employees, agents will not be liable in
any way for any loss or damage, howsoever arising, whether in
negligence or otherwise, out of or in connection with the Site
and/or any omissions from the Site, except where liability is made
non-excludable by legislation.
15.In the case of services supplied or offered by NIFS or its
employees, liability for breach of any implied warranty or
condition which cannot be excluded is limited at the option of
NIFS to either:
(a) the supply of the services (or equivalent services) again; or
(b) the payment of the cost of
having the services (or equivalent services) supplied again.
16. Clause 13, 14 and 15 survive
termination of this Agreement.
Indemnity
17.The user must indemnify and hold NIFS, it's officers, employees
and agents and related bodies corporate and keep them indemnified
from and against all actions, claims, suits, proceedings, demands,
costs, liability, expenses (including legal fees) and damages
arising out of or in any way connected to the Site, including but
not limited to:
(a) any breach by the user of the User Terms; or
(b) reliance by the user on any information obtained through the
Site; or
(c) the user's access and/or use of the Site; or
(d) reliance upon or use of the Site or any part of the Site by
any person accessing the Site or any part of the Site through the
user's
chosen or available web
connection.
18. Clause 17 survives termination of this Agreement.
Termination
19.Without prejudice to any
remedy it may have, the National Institute of Financial Studies
Pty Ltd may terminate this Agreement immediately by placing a
notice on this site.
Privacy
20. NIFS is very concerned about
the security of personal information sent over the Internet to the
Site and takes reasonable measures to ensure that such information
is kept secret. Measures taken to protect the user's personal
information are referred to in the National Institute of Financial
Studies Pty Ltd Privacy Policy below.
21.Notwithstanding our
obligations set forth in the National Institute of Financial
Studies Pty Ltd Privacy Policy, NIFS is not responsible for any
unauthorised access into private information and may release
information when it believes that such release is reasonably
necessary to:
a. comply with law;
b. enforce or comply with the terms of this Agreement; or
c. protect the rights, property or safety of NIFS or others.
General Provisions
22.The laws of Queensland,
Australia, govern this Agreement.
23.The user will not transfer its
rights or obligations under this Agreement without the prior
written consent NIFS
24.If any part of this Agreement
is determined to be invalid or unenforceable in accordance with
law including, but not limited to, the disclaimer and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid enforceable
provision that most closely resembles the intent of the original
provision and the remainder of the Agreement will continue in
effect.
25. A printed version of this
Agreement and of any notice given in electronic form will be
admissible in judicial and administrative proceedings based upon
or relating to this Agreement to the same extent as documents and
records generated in printed form.
Third Party Material
26. NIFS does not operate or
control in any respect linked third party web sites or any third
party hyperlinks contained in a linked third party web site or any
advertisements ("third party material") located on the Site.
27. NIFS is not responsible for
the contents of any third party material and its inclusion does
not imply any endorsement by NIFS
28. The user links to any third
party material entirely at its own risk.
Disclaimer
29. Past performance of Share
News does not necessarily reflect future performance. Consultation with
your professional adviser is recommended.
30. The purchasing or selling of stock listed on the Australian
Stock Exchange, or any and all decisions based on information
published in Share News and Financial Grace, are made at the users own risk.
Disclosure
31. The publisher and associated persons or entities may, and
often do, hold shares in the companies referred to in the material
published Share News and/or Financial Grace.
Pricing
32. NIFS may, at any time without
notice to the user, change subscription and pricing details for
the use of Share News and Financial Grace.
If you have any queries relating
to the National Institute of Financial Studies terms and
conditions, please contact 07 3216 2821 or e-mail
info@nifs.net.au.
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