61 Financial Information Technology Pty Ltd – website terms and conditions

Updated on 1 October 2019

These terms and conditions (Website Terms) are between you (you) and 61 Financial Information Technology Pty Ltd ACN 618 439 820 (we, our, us or 61 Financial) and govern your use of our website located at https://www.61financial.com.au/ (Website). By accessing and using this Website you agree to be bound by and abide by these Website Terms.

1.             Definitions

Affiliated Persons means ASX, related bodies corporate of 61 Financial and each of their respective, shareholders, directors, officers, employees, representatives, agents, advisers, consultant and contractors and includes third party suppliers of research services.

Confidential Information means all information treated by 61 Financial as confidential and all notes or other records prepared by you based on or incorporating such information, but excludes information:

(a)           you create independently of us; or

(b)           that is public knowledge (otherwise than as a result of a breach of confidentiality by you or any of your discloses).

Corporations Act means the Corporations Act 2001 (Cth) and any regulations made under it, as amended or replaced from time to time.

Services means:

(a)           access to information provided (whether by 61 Financial or the Affiliated Persons) on the Website or through other communications.   This may include stock specific research and data, industry research and data, database access, screening models, investment tools, disclosure and emails and newsletters, depending on your subscription;

(b)           Financial services authorised to be provided under the Corporate Authorised Representative (CAR: 001277753 ) of WIT Capital Group Pty Limited (AFSL 505077); and

(c)            access to and use of our online forum (Chinese only) at <https://www.community.61financial.com.au/feeds>.

Subscription Fee means the fee (if any) charged by us and payable by you upon subscribing for the Services and, except in relation to once off fees for once off Services, annually upon renewal of the subscription as notified to you by email or on the Website from time to time. The Subscription Fee applicable to you is specified on the Website

2.             Interpretation

In these Website Terms, unless the context otherwise requires:

(a)           a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(b)           headings are for ease of reference only and do not affect the meaning of these Website Terms;

(c)            the singular includes the plural and vice versa and a gender includes other genders;

(d)           another grammatical form of a defined word or expression has a corresponding meaning;

(e)           a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of or schedule or annexure to these Website Terms and a reference to these Website Terms includes any schedule or annexure;

(f)             a reference to a document or instrument, includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(g)           a reference to time is to Melbourne, Victoria time;

(h)           a reference to a party to these Website Terms, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;

(i)             a reference to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding whether written or not;

(j)             a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;

(k)            the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

(l)             a provision which requires the approval, determination or consent of a party including "on terms acceptable" to that party, or words of similar effect, requires that party to be satisfied in its absolute discretion.  A reference to "absolute discretion" means not having to consider the interests of other parties when giving a consent, approval or making a determination; and

(m)          a reference to a website or url includes a reference to such other website or url notified by Us to You as replacing or superseding a website or url for all or particular purposes.

 

3.             Information on this Website

3.1          All information set out on our Website or accessed through our Services, including postings on our online forum (Information), including information relating to financial services, products, ASX announcements and translations to the Chinese language are factual and general in nature and has been prepared without taking into account any person’s objectives, financial situation or needs. It should not be considered complete, nor should it be relied on in making financial decisions about, but not limited to, acquiring or disposing of shares and securities.

3.2          The Information on this Website should not be regarded as an offer or solicitation to buy or sell investments or products, or a recommendation of any security or any other product or service by us, our representatives or any other third party regardless of whether such security, product or service is referenced on this website.

3.3          We are under no obligation to update or keep current the Information. Any information, products or services supplied in this Website may be withdrawn or amended at any time without advance notice, at the discretion of the Company.

3.4          We do not warrant that the Information will be accurate, complete, reliable, timely, uninterrupted or error free. You must not rely on the Information, including when deciding to acquire or dispose of shares and securities.  The Information contained herein is not intended to provide any professional advice and should not be relied upon in that regard. Persons accessing this Website are advised to obtain appropriate and independent professional advice wherever necessary. And all financial products involve risk. Investors should note that the investment value may fall as well as rise and past performance may not be indicative of future performance.

3.5          To the extent that the Information comprises ASX prices or announcements (ASX Information) you acknowledge that:

(a)           ASX or members of the ASX group, its suppliers and their respective licensors reserve all intellectual property rights in the ASX Information to the extent that those intellectual property rights exist under law from time to time;

(b)           if you infringe any intellectual property rights in the ASX Information, ASX or the owner of the relevant intellectual property rights may have legal remedies against you; and

(c)            ASX, members of the ASX group, its suppliers and their respective licensors accept no responsibility for any claim, loss or damage arising from the display of ASX Information on the Website or any use of the ASX Information displayed on the Website. 

3.6          The Website may be accessed from outside Australia.  We make no representation that the Information or Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

4.             use of this website

4.1          The Information on the Website has been translated for your convenience using translation software powered by Google Translate. ASX Information has been obtained from the ASX.

4.2          When using the Website and Services, you must:

(a)           use the Information solely for your own internal business purposes and, subject to section 4.3 below, not transfer, or publish or otherwise make available to third parties all or part of the Information without our prior written consent;

(b)           not use the Information for an illegal purpose or a purpose not authorised under these Website Terms;

(c)            not use, store, reproduce, display, modify, transmit or distribute the ASX Information without our prior written permission;

(d)           not regularly or systematically download the Information;

(e)           ensure that you comply with, and do not cause 61 Financial to breach, Google's acceptable use policy available at https://cloud.google.com/terms/aup;

(f)             not copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of Google Translate or the Website (except to the extent such prohibition is expressly prohibited by applicable law); and

(g)           not directly or indirectly, introduce or permit the introduction by any person of any virus, worm, trojan or other malicious code into the Website, or in any other manner whatsoever corrupt, degrade or disrupt the operation of the Website.

4.3          If you are in the business of providing financial services or financial advice, you may publish, on an ad-hoc basis in written or oral communications with clients, insubstantial amounts or limited extracts of the ASX Information in connection with your ordinary business as a provider of financial services or financial advice, provided:

(a)           it does not constitute regular or systematic distribution, display or processing of the ASX Information;

(b)           it does not involve the provision of real time ASX Information or any other form of continuously updating or streaming information; and

(c)            it is attributed to ASX and 61 Financial.

5.             passwords

If you create a user account or are issued a username and password to access the Services, you:

(a)           must keep your username and password confidential and secure; and

(b)           accept all liability for any unauthorised use of any username or password issued to you (other than any unauthorised use resulting from any negligent act or omission legally attributable to us).

6.             Ownership of Content

6.1          Copyright and all other intellectual property rights in material contained on this website including the text, graphics, videos, Information, designs, data and other content (Content) is owned by 61 Financial unless otherwise indicated.

6.2          All trademarks, logos, images and product and company names referred to in this Website are the property of their respective owners.

7.             User Content

7.1          We don't claim ownership of any content you provide to us through or in connection with the Website or the Services (User Content).  However, by providing User Content to us, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, with the right to sublicence, to use, adapt, copy, distribute, license, sell, transfer, transmit, stream, broadcast, commercialise, reproduce, modify, communicate to the public, and otherwise exploit such User Content on this Website, including as part of the Services, or through any other means throughout the world in any medium.

7.2          To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any User Content you provide to us, you consent to us making all uses, edits and modifications of the User Content in its sole discretion.

8.             confidential information

8.1          You:

(a)           may use Confidential Information only for the purposes of access and using the Services and Website in accordance with these Website Terms; and

(b)           must keep confidential all Confidential Information except:

(i)             with our prior written consent; or

(ii)            to the extent (if any) you are required by law to disclose any Confidential Information.

8.2          If we consent to you disclosing Confidential Information to any person, you must direct the recipient to keep the Confidential Information confidential and ensure that the recipient complies with that direction.

9.             subscription fees

9.1          If a Subscription Fee applies you must pay the applicable Subscription Fee within 7 days of receiving an invoice from us.

9.2          We may change the Subscription Fees at any time in accordance with section 23. Changes to the Subscription Fees will apply only to subscriptions commenced or renewed after the date of the change.

9.3          In this section 9, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.

9.4          For the purposes of these Website Terms, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these Website Terms, the amount or consideration will not be increased on account of any GST payable on that supply.

9.5          Any consideration to be paid or provided for a supply made under or in connection with these Website Terms, unless specifically described in these Website Terms as GST inclusive, does not include an amount on account of GST.

9.6          Despite any other provision in these Website Terms, if a party (Supply Maker) makes a supply under or in connection with these Website Terms on which GST is imposed (not being a supply the consideration for which is specifically described in these Website Terms as GST inclusive):

(a)           the consideration payable or to be provided for that supply under these Website Terms but for the application of this clause (GST exclusive consideration) is increased by, and the recipient of the supply (Recipient) must also pay to the Supply Maker, an amount equal to the GST payable by the Supply Maker on that supply; and

(b)           the amount by which the GST exclusive consideration is increased must be paid to the Supply Maker by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

9.7          If a payment to a party under these Website Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

10.          Non-excludable Obligations

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Website Terms to be void (Non-excludable Obligations). 

11.          Disclaimers

11.1       General disclaimer

(a)           The Content on this Website is provided "as is". Except in relation to Non-excludable Obligations, we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us.

(b)           The Information on this Website is provided on the basis that all persons accessing this Website undertake the responsibility for assessing the accuracy of its content and that they rely on that Information entirely at their own risk.

(c)            All Information or Content provided on this Website is general in nature and has been prepared without taking into account any person’s objectives, financial situation or needs. Before acting on any Information, you should obtain independent professional advice and consider the appropriateness of the advice for you, having regard to your own circumstances.

11.2       Services

(a)           Any opinion, recommendation, advice, assessment or translation provided as part of the Services is general in nature and does not take into account your investment objectives, financial situation or particular needs.

(b)           You should, before acting on any opinion, recommendation, advice or assessment, consider the appropriateness of it, having regard to your investment objectives, financial situation or particular needs.

(c)            If an opinion, recommendation, advice or assessment relates to the acquisition, or possible acquisition, of a particular financial product, you should obtain a Product Disclosure Statement or information statement and consider that document before making any decision about whether to acquire the product.

(d)           Any opinion, recommendation, advice or assessment should not be regarded as a substitute for the exercise of your own judgment.

11.3       Translation

(a)           Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators.  Translations are provided as a service to users of Website, and are provided "as is".  No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into Chinese..  Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

(b)           The official text is the English version of the website.  Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.  If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

11.4       Financial risk factors

(a)           Past performance of an investment is no guide to or guarantee of future returns.  The price of units/shares and the income from them or the performance of any investment strategies referred to in the Website can fall as well as rise and you may not get back the amount originally invested.  Income receivable may vary from the amount of income projected at the time of making the investment.

(b)           There can be no guarantee that the tax position or proposed tax position prevailing at the time of an investment will not change.  Income and capital gains on shares/units issued or acquired (including as part of an investment strategy) may be subject to withholding taxes.

12.          Limitation of liability

12.1       61 Financial will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses or any costs, damages or claims (whether direct or indirect), or any indirect or consequential loss or damage suffered by you (including any liability incurred to a third party) in connection with the Services or the Website, including as a result of any negligence of ours and whether or not we were advised in advance of the possibility of such loss or damage, as a result of any fraudulent use, misuse or misappropriation of any user account, or as a result of any act committed by another person in connection with your use of the Website.

12.2       To the extent permitted by law, 61 Financial will not be liable for any loss or damage suffered or incurred by you arising out of use or receipt of the Services or the Website, including without limitation arising out of or in connection with any fault, error, interruption, delay, omission or failure (whether within or beyond our control), or any inaccuracy, omission or incompleteness of content on the Website or any omission of ours. We do not warrant that the operation of the Website or the Services will be uninterrupted or error free.

12.3       While we undertake to implement reasonable security arrangements in respect of our access to your information technology systems, to the extent permitted by law we will not be liable for any loss or damage suffered or incurred by you arising out of any access by us (including our employees and agents) to your information technology systems.

12.4       Except in relation to Non-Excludable Obligations, and subject to the paragraphs above, our total liability to you in respect of any and all loss or damage is limited to the greater of:

(a)           the total Subscription Fees paid by you in the 12 months immediately preceding the event giving rise to liability (if any); and

(b)           $100.

12.5       You agree not to make any claim or commence any proceedings directly against ASX in relation to the Website or Information.

13.          indemnity

You indemnify us against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that we may sustain or incur, directly or indirectly, as a result or as a consequence of:

(a)           your breach of these Website Terms;

(b)           your reliance on the Services or Information; or

(c)            the reliance of any third party to whom you disclose or otherwise make available any part of the Information on that Information.

14.          Force Majeure

61 Financial is excused from performing its obligations under these Website Terms and will not be liable for any losses that you suffer or incur if 61 Financial is wholly or partially unable to provide the Services to you or perform its obligations under these Website Terms as a result of any cause, event or circumstance beyond its reasonable control, including (without limitation):

(a)           fire, flood, earthquake, plague, epidemic or act of God;

(b)           war, act of terrorism, riot, civil disorder, rebellion, revolution, civil strife, industrial action, public disaster, or delay in transportation;

(c)            outage of any system or telecommunications network; or

(d)           act or omission by any third party.

15.          audit rights

15.1       You must keep adequate accounts, documents and records in sufficient detail to allow us to determine your compliance with these Website Terms.

15.2       We, ASX or our respective authorised representatives may at any time enter your premises and audit your systems, records and usage of the Website and Information to:

(a)           assess your compliance with these Website Terms; and/or

(b)           enable us to meet our applicable contractual, regulatory or internal management requirements. 

15.3       You must promptly provide all assistance reasonably required in order to conduct an audit under section 15.2, including by giving the auditor access to your personnel, data, premises, system accounts, documents and records.

15.4       You must obtain and provide any consents needed for us, ASX or our respective authorised representatives to review and receive personal data to the extent necessary to conduct any audit under section 15.2.

16.          termination

16.1       Either party may terminate these Website Terms immediately by notice in writing if the other party:

(a)           breaches any material term of these Website Terms that is not capable of remedy;

(b)           breaches any material term of these Website Terms that is capable of remedy and fails to rectify that breach within 14 days of receiving a notice from the other party requiring it to do so; or

(c)            suffers an Insolvency Event;

16.2       We may terminate these Website Terms immediately for convenience at any time by notice in writing.

16.3       On the date of expiry or effective termination of these Website Terms you must immediately cease using the Website and Services and we may revoke your access to the Website.

17.          Hyperlinks

17.1       We may provide links to third party sites for your convenience (Links). We have no control over third party sites. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website. 

17.2       Although we have used reasonable endeavours to review the Links, we make no representation or warranty as to, and we are not responsible for, the accuracy, legality, decency or any other aspect of any material located at the Links. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

17.3       You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any loss suffered by you or anyone else in connection with any Link.

18.          Privacy Policy

Your use of this Website is governed by our Privacy Policy

                 19.        Cookies

(a)          'Cookies' are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use Google Analytics, a web service provided by Google, which uses cookies to help analyse the use of our Website. For more information about how we use cookies, please see our Privacy Policy

(b)           Most browsers allow you to turn off the cookie function. If you'd like to do this, please look at the help menu on your browser. However, you should be aware that turning off cookies may adversely affect the Website's functionality.

20.          Our commitment to security

(a)           Although we will take reasonable steps to protect your security (including by encrypting your personal information using SSL technology so that it cannot be read as it travels across the Internet), no information sent over the Internet can be 100 percent secure, and we can never guarantee the security of any information you send to us or receive from us via the Internet.

(b)           Please be careful and responsible whenever you are using the Internet and the Website (including by installing appropriate anti-virus software on your own systems) and let us know about any security breach immediately.

21.          Modifying the services

We may modify, suspend or discontinue the services available via the Website at any time in our absolute discretion.

22.          Changes to Website Terms

We may change these Website Terms (including the Subscription Fees) at any time without notice to you by posting the amended terms on the Website. If we consider that the changes may have a material adverse impact on your use of the Website, we will use reasonable endeavours to notify you by email of the changes. You agree to be bound by the changed terms if you use this Website after the terms have changed. If you do not agree to be bound by the changed terms you must immediately cease using this Website.

23.          Applicable law

These Website Terms are to be construed in accordance with, and are governed by, the laws of Victoria, Australia. By using this Website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Website.

24.          Assignment and novation

You acknowledge and agree that 61 Financial may assign any of its rights, or novate or otherwise deal with any of its rights or obligations, under these Website Terms by notice to you. You must, at no cost to 61 Financial, promptly execute any documents necessary, desirable or convenient to give effect to this.  You are not permitted to assign your rights under these Website Terms without the express written consent of 61 Financial.

 

Enquiries

 

If you have any questions about these Website Terms (including your privacy rights), you can contact us at:

Katie Feng

Compliance Analyst
61 Financial Information Technology Pty Ltd
Suite 19, 40-42 Montclair Avenue

Glen Waverley VIC 3150

Or by email to:  support@61financial.com.au