1. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Australia and other countries.
2. The Service is also protected as a collective work or compilation under Australian copyright laws and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works.
3. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
4. RESTRICTIONS ON USE
1. You may not use the Service for any illegal purpose or in any manner inconsistent with the TERMS.
2. You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition.
3. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Stock Cubes or Cube Financial.
4. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Cube Financial and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Cube Financial and others.
5. You agree to protect the proprietary rights of Cube Financial and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Cube Financial or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service.
6. You agree to notify Cube Financial in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
5. LICENCE
1. You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service and download content in accordance with the TERMS.
2. Should you choose to download content from the Service, you must do so in accordance with the TERMS. Such download is licensed to you by Cube Financial for use in accordance with the TERMS and does not transfer any other rights to you.
6. RIGHTS RESERVED
1. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Cube Financial, at all times be and remain the sole and exclusive property of Cube Financial.
2. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Cube Financial for its exclusive use.
3. Except as specifically permitted by the TERMS, you may not copy or make any use of the Service or any portion thereof.
4. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Stock Cubes or Cube Financial or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Cube Financial's prior written approval.
7. FEES AND PAYMENTS
1. The Service requires a prepaid fee ("Prepaid Fee") for access following any free trail periods which may be available from time to time from Cube Financial.
8. REGISTRATION AND ACCOUNT ESTABLISHMENT
1. As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will be designated a random subscriber identification ID and a password.
2. You will provide Cube Financial with certain registration information, all of which must be accurate and updated by you (also see clause 15 regarding privacy of personal information about you).
3. You are solely responsible for all usage or activity on your Cube Financial Subscriber account; including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Cube Financial's sole discretion, and Cube Financial may refer you to appropriate law enforcement agencies.
4. Access to subscriber services are provided after an annual fee is paid.
5. You are responsible for all charges incurred up to the time the account is terminated - there are NO REFUNDS.
9. DISCLAIMER AND LIMITATION OF LIABILITY
1. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that, to the maximum extent permitted by law, Cube Financial makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use.
2. Cube Financial does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms, 'key loggers' or 'Trojan horses' and is not liable for any damage you may suffer as a result of such destructive features.
3. You agree that Cube Financial, its Suppliers and its third-party agents shall have no responsibility or liability for:
1. any injury or damages, whether caused by the negligence of Cube Financial, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Cube Financial by any other party; or
2. any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
4. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Cube Financial. Cube Financial is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on this site.
5. Cube Financial does not:
1. make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
2. guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or
3. make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service.
6. Cube Financial is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service.
7. You understand that Cube Financial and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the
TERMS
8. Under no circumstances, including but not limited to negligence, shall Cube Financial, its Suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from use of or inability to use the Service or any links or items on the service or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business.
9. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Cube Financial accept or be responsible for any liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
10. You acknowledge that
1. the Service is provided for information purposes, and advice (if any) is general advice, not personal advice (see clause 10);
2. the Service includes information taken from the Australian Stock Exchange and other sources;
3. Cube Financial does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and
4. the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Cube Financial is a party.
11. Accordingly, to the maximum extent permitted by law, Cube Financial, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for:
1. any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data;
2. any delays, errors or interruptions in the transmission or delivery of the Service; or
3. any loss or damage arising there from or occasioned thereby, or by any reason of non-performance.
10. ADVICE IS LIMITED TO GENERAL ADVICE
1. You acknowledge that the 'Recommended Trades' presented in Stock Cubes are a result of technical analysis of trading data in relation to securities selected by Cube Financial and to the extent that the 'Recommended Trades' prompt consideration of entering or not entering into a transaction(s), that advice is limited to general advice which is based solely on technical analysis of the securities selected without taking into account your investment objectives or financial circumstances. As a consequence, you acknowledge that before acting on any 'Recommended Trade' you should consider the appropriateness of acting on the 'Recommended Trades' in light of your financial circumstances or seek further advice on its appropriateness. You further acknowledge that Cube Financial shall not be available to assist with advice on personal appropriateness. A consultation with a licensed Cube financial adviser can be arranged to those who seek assistance in this regard. Cube Financial is pleased to disclose the performance figures of the recommendations in our daily report for the financial year 04/05. Details for each of the individual recommendations behind the annualised returns can be found at www.stockcubes.com.au. Cube Financial advisers that past performance is not a guaranteed indicator of future performance.
2. If you receive advice from Cube Financial in relation to your subscription to Stock Cubes the Cube Financial Daily Report during the subscription period, you acknowledge that the advice was limited to general advice and did not consider the appropriateness of the advice to you personally in light of your financial circumstances.
11. PROHIBITED MARKET CONDUCT
You acknowledge that all your market dealings (i.e. placement and execution of orders) must comply with those parts of the Corporations Act 2001 governing dealings in tradable financial products and with the trading rules of the financial market on which your dealings are to be conducted and to which you and your Stockbroker(s) are subject, and you agree that you shall not engage in conduct prohibited on financial markets [e.g. insider trading, market manipulation, false trading and market rigging (e.g. entering into transactions that do not change beneficial ownership), misleading or deceptive conduct or conduct likely to mislead or deceive.
12. EXECUTION AND SETTLEMENT OF TRANSACTIONS
1. You acknowledge that to act on the information provided in Stock Cubes and enter into transactions requires you to make appropriate arrangements with a trader familiar with the type of instructions you wish to give and the style of business you wish to transact.
2. You acknowledge Stock Cubes or Cube Financial has no role or involvement in the transaction execution and settlement process unless otherwise specified via additional agreement.
3. You acknowledge that your ability to execute transactions will be subject to prevailing market price and liquidity, trading halts and suspension, and to procedural arrangements in place at your Stockbroker. You also acknowledge that the market-making and dealing practices on Derivatives markets may restrict your ability to transact.
4. You acknowledge that the technical analysis provided by Stock Cubes is conducted on the previous trading day's data, which does not take into account subsequent market developments, offshore and domestically, and which should be considered prior to acting on the 'Recommended Trades'.
13. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
1. you have the power and authority to enter into this agreement;
2. you are at least eighteen (18) years old;
3. you shall not use any rights granted hereunder for any unlawful purpose; and
4. you shall use the Service as set forth in these TERMS.
14. INDEMNIFICATION
1. You agree, at your own expense, to indemnify, defend and hold harmless Cube Financial and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Cube Financial, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Cube Financial, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to:
1. your use or someone using your computer's use of the Service;
2. your use or someone using your account, where applicable;
3. a violation of the TERMS by you or anyone using your computer (or account, where applicable)
4. a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
5. any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);
6. any misrepresentation or breach of representation or warranty made by you contained herein; or
7. any breach of any covenant or agreement to be performed by you hereunder.
2. You agree to pay any and all costs, damages and expenses, including, but not limited to, a lawyer's reasonable fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.
15. PRIVACY STATEMENT ACKNOWLEDGEMENT
1. Cube Financial and its associates are committed to protecting and maintaining the privacy, accuracy and security of your personal information. The personal information you provide and that we collect is handled in accordance copy of which is available with our Privacy Policy, a on the website and in hard copy form, upon your specific request.
2. Your personal information will be used for establishing and maintaining your account as a subscriber, the purpose for which it is intended. Unless required by law, or regulation, your personal information will not be passed on to any third-party without your consent.
3. Your personal information is stored securely and is available for you to review and update as necessary.
4. If you wish to receive a copy of our Privacy Policy, or to review personal information we hold about you, or if you do not wish to receive further information about other services or products, including those provided by other business units of Cube Financial Group, you may elect not to do so by contacting our Officer in charge of Privacy on 1300 65 90 90. If you have a complaint in relation to the privacy of your personal information, please contact our Officer in charge of Privacy.
16. COMPLAINTS
If you are dissatisfied with the Service and wish to make a complaint, contact our Subscriptions Customer Service on 1300 65 90 90 or NZ 0800 55 00 22 or service@cubefinancial.com.au.
17. VARIATION
You acknowledge that Cube Financial may revise or vary this agreement by giving not less than five business days notice to you, but variation will not affect any rights and obligations which remain undischarged prior to the variation. You also acknowledge that variation at your instigation must be agreed in writing and signed by you and Cube Financial before coming into effect.
18. TERMINATION
At its own discretion, Cube Financial may terminate the access to its web site and services if it reasonably believes that any of the TERMS has been breached, without refund.
19. GOVERNING LAW
1. These TERMS shall be governed and construed in accordance with the laws of New South Wales, Australia, without giving effect to conflicts-of-law principles thereof.
2. You agree to submit to the personal jurisdiction of the courts located in Sydney with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TERMS.
20. MISCELLANEOUS
1. You accept that Cube Financial has the right to change the content or technical specifications of any aspect of the Service at any time at Cube Financial's sole discretion.
2. You further accept that such changes may result in you being unable to access the Service.
21. SEVERABILITY
If any provision of the TERMS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TERMS will remain in force.
22. ENTIRE AGREEMENT
The TERMS and any other terms and conditions of service on www.cubefinancial.com.au and its successor, are the entire agreement between you and Cube Financial.
23. CORRESPONDENCE
Correspondence must be sent via postal mail to:
Cube Financial, PO Box 1375 Lane Cove Sydney NSW 2066
