Sharesight Terms of Use
In these Terms of Use "we", "us" and "our" refer to Sharesight Pty Limited and "Sharesight" refers to the internet site at www.sharesight.com.au or any other site operated by us, together with the software and any information that can be accessed on those sites.
These Terms of Use set out the terms on which we grant you non-transferrable access to, and use of, Sharesight and constitute the entire agreement between you and us.
We plan to develop Sharesight over time and these Terms of Use will apply to any changes to Sharesight. We reserve the right to revise our Terms of Use from time to time without further notice and you agree that you will be bound by the Terms of Use displayed on Sharesight at any given time.
By accessing or using Sharesight, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (or any revisions on Sharesight), you should not use Sharesight or any information derived as a result of the use of Sharesight.
1 Your Obligations
1.1 You may only access and use Sharesight for your personal non-commercial use and you are responsible for all activity on your account.
1.2 You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief.
1.3 You must ensure that your access to and use of Sharesight is not illegal or prohibited by laws which apply to you.
1.4 You must take your own precautions to ensure that the process which you employ for accessing Sharesight does not expose you to risk of viruses or other forms of interference which may damage your computer system.
1.5 You must not do anything which is inconsistent with the intellectual property rights which subsist in Sharesight including reproducing or re-supplying information obtained from Sharesight.
1.6 You must make reasonable efforts to investigate and diagnose technical problems before contacting our help desk.
1.7 You must not attempt to gain unauthorised access to any information, or attempt to undermine the security, integrity or functionality of Sharesight.
1.8 You acknowledge that you are solely responsible for all results from your use of Sharesight (including maintaining the confidentiality of passwords and any other information). You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of.
1.9 You agree that if any data is provided to Sharesight by you, including data provided for or on behalf of any third party, all applicable consents (including privacy) have been obtained.
1.10 If you have been introduced to Sharesight via a broker referral, you consent to Sharesight obtaining information and data about you or your shareholdings directly from your broker.
2 Our obligations
2.1
The data you enter, whether directly or on your instruction, is your data and Sharesight will not use it for any purpose that is not incidental to the normal use of the Sharesight service without your consent except where we consider it necessary to investigate suspected violations of our Terms of Use or as required by law.
2.2 Sharesight uses ‘cookies’ and other measures to monitor traffic patterns and to serve you more efficiently when you visit the site.. Cookies do not contain information by which we can identify you but they identify your computer to our servers.
2.3 We will ensure information submitted on the login and signup pages is transferred between you and our servers using 128 bit SSL encryption or similar.
2.4 Your credit card details will be encrypted and securely stored by Direct Payment Solutions Limited or another suitable third party to enable us to automatically bill your credit card on a recurring basis. We will not store or have access to your credit card details.
2.5 We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime. However, we will not be liable for any data loss. You should ensure that you keep up-to-date records of all your data.
3 Fees and charges
3.1 We will charge you, and you agree to pay, the monthly subscription fee for the package selected when subscribing to Sharesight, or as varied by you from time to time (Subscription Fee).
3.2 All fees and charges and all prices for access to Sharesight include GST where applicable.
3.3 You authorise us to debit the Subscription Fee from your credit card on a recurring monthly basis unless you have elected to pay by cheque.
3.4 If you have elected to pay by cheque you will ensure you do so on or before the due date advised on the invoice you receive.
3.5 If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of dishonour and cancel your subscription.
3.6 You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.
4 Disclaimer and Limitation of Liability
4.1 We are not a financial product advisory service and Sharesight does not provide financial product advice. The information provided on Sharesight is factual numeric information only based on publically available share data or data entered by the user and the information presented in the reports is derived from that information as a result of commonly used calculations. This information is not a recommendation nor is it a statement of opinion. The information should not be relied upon for making investment decisions and it is recommended that you seek your own independent financial advice before making any decisions in relation to your investments.
4.2 Although the Sharesight taxation reports may be used to compute taxation information, the information provided is not conclusive and does not constitute tax advice. Sharesight is not a registered tax agent and does not provide tax advice. You should consult an independent tax advisor for tax advice.
4.3 To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to the website including but not limited to, warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing:
a access is provided on an "as is" and "as available" basis - we do not warrant that Sharesight will operate in an uninterrupted or error-free manner and we will not be responsible for the results of any actions taken in reliance on Sharesight; and
b information which is transmitted to or from you is transmitted at your sole risk and we do not accept any responsibility for any interference or damage to any computer system which arises in connection with you accessing Sharesight.
4.4 To the maximum extent permitted by law, we exclude all liability in contract, tort (including negligence), or otherwise, for any loss (including loss of data, profits or savings) or damage resulting, directly or indirectly, from the use of, inability to use, or reliance on Sharesight. We are not liable to you for indirect and consequential loss or for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to these Terms of Use. If you are not satisfied with Sharesight, your sole and exclusive remedy is to terminate this Agreement in accordance with clause 5.3.
4.5 Where legislation implies any guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such guarantee, that guarantee will be deemed included but our liability will be limited for a breach of that guarantee (other than a guarantee as to title or undisturbed possession) to one or more of the following:
(1.a.i) the supplying of the services again; or
(1.a.ii) the payment of the cost of having the services supplied again.
4.6 Our liability to you for loss or damage of any kind arising out of these Terms of Use or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
4.7 Nothing in these Terms of Use is intended to limit or exclude any liability that cannot be excluded by law.
5 Termination
5.1 We may discontinue or suspend your account immediately if you have breached these Terms of Use. We may also suspend your account if we suspect that you have breached or will breach these Terms of Use. You will not be entitled to a refund if we discontinue or suspend your account under this clause 5.1.
5.2 We may also discontinue or suspend your account, or reduce the services available to you, for any reason, by giving you one months’ notice.
5.3 You may cancel your account if we materially breach these Terms of Use and fail to remedy any breach within 30 days written notice.
5.4 Where we discontinue or suspend your account or reduce the services available to you under clause 5.2 or where you cancel your account under clause 5.3, you may (at our sole discretion) be entitled to a partial refund.
6 Disputes
6.1 Where any dispute or difference arises in relation to Sharesight or these Terms of Use, either party may require, by giving written notice (which may be by email) to the other party that the dispute or difference be referred to mediation by a single mediator. If the parties do not agree on a mediator within 5 working days of the referral to mediation, either party may request the Australian Commercial Disputes Centre if you are an Australian customer or the Arbitrators and Mediators Institute of New Zealand if you are a New Zealand customer to appoint a sole mediator. The cost of the mediation will be shared equally between the parties.
7 General
7.1 These Terms of Use represent an entire agreement and supersede any prior representation, warranty, agreement or understanding. No amendment, modification or variation to these Terms of Use will be binding on us unless agreed in writing.
7.2 The illegality or unenforceability of any provision in these Terms of Use will not affect the legality or enforceability of any other provision.
7.3 These Terms of Use will be governed by and construed in accordance with the laws of New South Wales if you are an Australian customer and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. These Terms of Use will be governed by and construed in accordance with the laws of New Zealand if you are a New Zealand customer and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
Last updated 29 November 2011