Terms & Conditions
Welcome to the Proactiveinvestor website ("Site"). Proactive Investors Australia Pty Ltd ACN 132 787 654 (the "Company," "we" or "us") provides you with access to this Site on the following terms and conditions.
The Company is an Australian Financial Services Licensee (AFSL [##]) and is the owner and publisher of this Site.
The Site is provided for the information and use of Australian investors only. The use of the Site in jurisdictions outside
Australia may be restricted by law. Any person who uses this site outside of Australia should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of applicable securities laws. This Site is not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Site to be made available.
If you are a 'retail' investor (within the meaning of the Corporations Act 2001 (Cth)), access to the Site is provided on the basis that you have read and understood our Financial Services Guide ("FSG"). Our FSG contains important information about the financial services we provide. Please consider the financial services we provide in the light of your specific circumstances before using this Site and contact us if you have any questions regarding the information contained in the FSG. By using and accessing this Site, including subscribing for any of our services, you are acknowledging that you have received and read the FSG.
We reserve the right at any time, and without providing you with prior notice, to modify or update these Terms, including without limitation, eliminating, discontinuing or charging fees for any content or feature of the Site. We will post a notice on this Site of any material modifications or updates.
You agree to be bound by such modifications, revisions or updates. You should regularly check these Terms to update yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Site or these Terms, all of which shall become effective when posted on this Site.
The Company further reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate any user’s access to and use of the Site, at any time and in our sole discretion.
General Advice Warning:
The information on this Site is of a general nature only. It does not take your specific needs or circumstances into consideration, so you should look at your own financial position, objectives and requirements and seek financial advice before making any financial decisions. You acknowledge and understand that neither the Company, its related bodies corporate, the information providers or their affiliates will advise you personally about the nature, potential value or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter. You should read our FSG and any other relevant disclosure documents and if necessary seek persona advice prior to making any investment decision.
You understand and agree that no Content (as defined below) published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable or advisable for any specific person.
You understand that in certain circumstances the Company, its related bodies corporate, the information providers or their affiliates may have received, or be entitled to receive, financial or other consideration in connection with promoting, and providing information about, certain entities on the Site and in communications otherwise provided to you.
ou understand that price and other data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that neither such data nor such calculations are guaranteed by these sources, the Company, the information providers or any other person or entity, and may not be complete or accurate.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Before you act on any general advice we provide, please consider whether it is appropriate for your personal circumstances.
Use of the Site:
You may use the Site and the content on the Site, including, but not limited to, any news, quotes, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video ("Content") herein solely for your personal, non-commercial, informational use only and not for any commercial purposes.
Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, sublicense, broadcast, circulate, republish, duplicate, modify, adapt, upload, post, redeliver using “framing” technology or otherwise, download, copy, translate, reverse engineer, decompile or disassemble any portion of the Site; use data mining, robots or similar data gathering and extraction tools with respect to the Site; otherwise distribute or commercially exploit in any way any portion of the Site; restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts or damages the functioning of our systems or the Site; express or imply that any statements you make are endorsed by the Company or the Site; or harvest or collect information about visitors to the Site without their express consent and, in each instance, without our prior express written consent.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and/or the Content and will not use the Site or the Content for any unlawful purpose.
Unauthorised access or use of the Site is a breach of these Terms and the Company reserves the right to take any necessary action in response to a violation of these Terms. Without limiting any of the Company’s other rights or remedies, any unauthorized use of this Site or any Content terminates the permission granted by the Company for your use of the Site.
The Site and the Content are the property of the Company or its licensors and are protected by copyright, trademarks, service marks, patents or other applicable laws.
Furthermore, the collection, arrangement and assembly of the Content on the Site are the exclusive property of the Company and are likewise protected by applicable laws.
Proactive Reviews, Proactive News, Proactive Logo and Proactiveinvestors.com are trademarks of Proactiveinvestors.com All other trademarks, service marks and logos used on our websites are the trademarks, service marks or logos of their respective owners.
You may not use, copy, modify or display any of these marks, including without limitation, using any meta tags or any other “hidden text” that utilize these marks, without the prior written consent of the Company or the respective owner in each instance.
Third Party Sites or Materials:
You may, through hypertext or other computer links, gain access from the Site to websites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that the Company is not responsible for the content or operation of such websites, and that the Company shall have no liability to you or any other person or entity for the use of, or inability to use, any third party websites. A hyperlink from this Site to another website does not imply or mean that the Company endorses or approves the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.
The Company assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.
Operation of the Site:
We will use reasonable commercial efforts to keep this Site available for access on a 24-hour a day basis, subject to scheduled and unscheduled downtime. There are no assurances that access will be available at all times and uninterrupted. Furthermore, the Company does not warrant that the operation of this Site will be error-free, secure, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site.
Disclaimer of Warranties:
The Content and the Site are provided on an "as is" basis without any express or implied warranties of any kind. The Company and its related bodies corporate, agents, employees, contractors and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the Content or the Site, and the Company hereby disclaims any and all such express or implied warranties.
Limitation of Liability:
Neither the Company nor any of its related bodies corporate, agents, employees, contractors or licensors will be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result. In no event will the Company, its affiliates, agents, employees, contractors or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the Content or the Site.
The Company and its affiliates, agents, related bodies corporate, employees, contractors and licensors shall not be liable to you or anyone else for any damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages. Neither the Company nor any of its related bodies corporate, agents, employees, contractors or licensors will be liable to you or anyone else for any loss or injury resulting from use of, or reliance on, the Content or the Site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Site and any content or otherwise.
To the fullest extent permitted by law, you agree to indemnify, defend and hold the Company, our officers, directors, related bodies corporate, employees, contractors, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from
(I) your violation of these Terms;
(II) your use of the Site or the Content; or
(III) any Submissions made through your user name or password.
If you are unsure of any term or condition used in the above please feel free to contact us using the Contact Us page. These Terms will be construed according to Australian Law and by using the Site, you submit to the non-exclusive jurisdiction of the laws of Australia. ]
The equity and regulatory news data information contained on the site: (1) is provided by Morningstar; (2) may not be copied or distributed (save (i) as incidentally necessary in the course of viewing it on-line (ii) in the course of printing off single copies of web pages on which it appears for the use of those authorised to view it on-line), or adapted in any way (3) is not warranted to be accurate, complete or timely. This Morningstar-sourced information is provided to you by proactiveinvestors and is at your own risk. You agree that Morningstar and or proactiveinvestors are not responsible for any damages or losses arising from any use of this information and that the information must not be relied upon by you the user without appropriate verification. proactiveinvestors informs you as follows: (i) The information provided should not form the sole basis of any investment decision (ii) no investment decision should be made in relation to any of the information provided other than on the advice of a professional financial advisor; (iii) past performance is no guarantee of future results; and (iv) the value and income derived from investments can go down as well as up.