Terms and Conditions of Use

CONTENTS

• Free Trials
• Subscription Conditions
• Credit Card / Direct Debit Conditions
• User Identification and Password
• Comments and forum usage
• Receiving Email and Other Correspondence (Opting Out)
• Service Level Agreement
• Agreement
• Unforseen Events
• Severability
• Privacy policy
• Pricing
• Disclaimer
• Liability
• Governing Law and Jurisdiction

FREE TRIALS

• A free trial gives you access to one of the subscription services or product offered by StocksInValue.
• No charge of any sort is made for this trial.
• We will ask for your contact details but no credit card or other billing information is required to be provided to take part in this trial.
• It is an express condition that you will only access one free trial of one of our products or services, unless more than one trial was included in a specific promotional offer from StocksInValue or you are expressly invited by a sales agent.
• Any attempt by you as an individual or on anyone’s behalf to access more than one free trial of any specific product or service will be a breach of these terms and access to StocksInValue may be denied without notice.
• Any materials accessed or downloaded through a free trial in breach of these conditions remain the property of StocksInValue, and you agree to provide all and any necessary information to allow StocksInValue to recover its property.
• Failure to provide correct and current contact details will be cause (at the discretion of an account manager) for the trial to be suspended.

SUBSCRIPTION CONDITIONS

• This website and all associated pages is operated by Stocks In Value Pty Limited A.C.N. 162 644 724 (StocksInValue). Stocks In Value is an Authorised Representative (Authorised Representative No. 436268) of Clime Asset Management Pty Limited ACN 098 420 770 (AFS Licence No. 221146).
• www.StocksInValue.com.au is an interactive online service containing information supplied by Stocks In Value, and third parties. Your use of this service confirms your agreement to these Terms and Conditions of Use. Information is protected by copyright and is made available under license. Any unauthorised reproduction of this information is prohibited.
• These Terms and Conditions of Use are addressed to you, whether you are reading these pages on your own behalf, or on behalf of another person. It is your responsibility to draw the contents of these Terms and Conditions of Use to the attention of anyone who may gain access to Stocks In Value on your behalf.
• You acknowledge and agree that Stocks In Value may at any time alter the contents of all or any part of www.StocksInValue.com.au and/or, remove part or all of the pages on www.StocksInValue.com.au with the intention of ceasing publication of some or all of the pages, either temporarily or permanently.
• You will only be charged a fee if you enter into an agreed paid subscription.
• You will be notified by email, prior to the expiration of your subscription that the end date for your subscription is approaching.
• To find the price structure for renewal rates please refer to the StocksInValue Versions page on our website.
• StocksInValue reserves the right to change the information provided on or via this website, including these Terms and Conditions of Use, at any time and without notice. It is recommended that you review the information provided on or via this website, including these Terms and Conditions of Use, periodically for changes.

CREDIT CARD / DIRECT DEBIT CONDITIONS

• By accepting these Terms & Conditions of Use, you have authorised us to arrange for funds to be debited from your account or your credit card charged according to this agreement we have with you.

Our commitment to you:

• We will not change the amount or frequency of charging your credit card without your prior approval.
• StocksInValue will not disclose your details except for the purposes of conducting credit card payments, as agreed by you.
• StocksInValue will give you at least 14 days notice in writing if there are changes to the terms of these card payment arrangements.
• StocksInValue will charge your credit card on the anniversary date of your subscription. If this payment date is not a business day, StocksInValue will charge your card on the next business day after that date.
• Your commitment to us:
• It is your responsibility to ensure that there are sufficient clear funds available in your account to allow payment to be made.
• If there are insufficient clear funds available in your account to meet a payment:
  1. you or your account may be charged a fee and/or interest by your financial institution;
  2. you or your account may be charged a fee to reimburse us for charges we have incurred for the failed transaction;
  3. you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account within the next seven days or another time we agree with you so that we can process the payment.

• Warning: if the account number you have quoted is incorrect, you may be charged a fee to reimburse our costs in correcting any deductions from:
  1. an account you do not have authority to operate; or
  2. an account you do not own.

USER IDENTIFICATION AND PASSWORD

• Access to Stocks In Value is granted by use of a valid User Identification and Password which may be obtained by subscription through Stocks In Value.
• You agree to:
  1. Treat it as confidential;
  2. Not disclose it to any third party;
  3. Comply with these Terms and Conditions of Use;
  4. Not interfere with or disrupt other users of www.StocksInValue.com.au or subscribers to the various products available via www.StocksInValue.com.au, or interfere with any of Stocks In Value’s services or equipment (including by way of viruses) and not manipulate any of the information or data.
  5. Stocks In Value reserves the right to amend the User Identification and Password and other security procedures for access to www.StocksInValue.com.au at any time.
  6. In the absence of notice from you that the confidentiality of your User Identification and Password has been compromised, Stocks In Value will be entitled to construe all activity on StocksInValue.com.au using that User Identification and Password as being for and on behalf of you and you agree to pay all Fees so incurred and to take responsibility for all actions of persons using your User Identification & Password.

COMMENTS AND FORUM USAGE

• We reserve the absolute right to moderate or delete comments made on the site
• Without limiting our absolute right to moderate or delete comments, our guidelines for comments that should not be included on the site, are those that:
1. Are derogatory
2. Are, or appear to be, misleading or deceptive
3. Make assertions about companies, stocks, individuals, or the StocksInValue product that appear to ignore or disregard comments, facts or other content presented on the site or forum
4. Are repetitive or unrelated to the relevant forum topic
• Moderation may require comments to be approved prior to publication on the site
• As a member of the website:
  1. You are personally responsible for Your comments and any of the
     Information on the Website You contribute to. Therefore, You should not
     include any misleading or deceptive information in Your comments and not carry
     out illegal or unauthorised activities using this Website. Information in
     comments may, where appropriate, be made available to ASIC. ASIC and people
     acting on such information may take action against You.
  2. If You include hyper-links to third party Websites, You may be seen as
     endorsing the material on such Websites. It may be advisable for You to warn
     people accessing other sites that You do not endorse or take responsibility
     for material in the hyper-linked sites.
  3. If You own or have some other interest in a security, or You have any
     connection with a securities issuer that You might benefit from, You must
     disclose that fact. For example, You may be entitled to receive direct or
     indirect commissions, fees or other benefits from a financial product or
     service provider; or You may be associated with a particular securities issuer
     such as by being an employee or director of a securities issuer. If so, You
     must disclose that fact in Your comment.

RECEIVING EMAIL AND OTHER CORRESPONDENCE (OPTING OUT)

• As a subscriber to StocksInValue, you consent to receiving correspondence from StocksInValue and the Clime Group electronically and via post. If you do not wish to receive correspondence from StocksInValue and the Clime Group, please contact us on members@StocksInValue.com.au.

SERVICE LEVEL AGREEMENT

UPTIME GUARANTEE

• StocksInValue aims to provide 100% uptime of our service, but there is always a possibility that an outage might occur. In such a situation, StocksInValue will give you a one week extension to your subscription per continuous 24 hour period of downtime.

CONDITIONS

• Maximum credit per year is one month. Credits are applied to future services fees and are not granted in arrears. Refunds will not be provided and credit cannot be exchanged or transferred to cash.
• Credits are based on availability of StocksInValue. The following items do not count towards the uptime guarantee:
  1. Planned downtime for maintenance. We will provide at least 24 hours notice of such planned downtime. All planned work will be carried out after 8pm and before 6am AEST.
  2. Emergency downtime for maintenance, which might be software or hardware, related. This is only if the work is carried out in order to prevent/avoid extended outages from occurring, should such works not take place. We will provide at least 4 hours notice of such downtime, in the very rare situation that it is required.
  3. Outages caused by failures at the client end.

• The obligations of StocksInValue under this Agreement will be suspended to the extent that it is wholly or partially precluded from complying with its obligations under this Agreement by Force Majeure.
• To apply for a credit an email must be sent to members@StocksInValue.com.au within 48 hours of the event. This email must contain:
  1. An outline of the problem
  2. Contact details.

• An engineer will analyse your request and apply the appropriate credits.

AGREEMENT

• StocksInValue does not require any contracts to be signed, and there are no term commitments beyond those agreed to in the signup period.
• All services are paid in advance.
• Customers can cancel at anytime.
• No refunds will be given for the unexpired portion of the term that you agreed to on signup.

RESTRICTIONS OF USE
You must not:

1. unless otherwise permitted by law allow or cause a third party to copy any part or all of the StocksInValue website, information or outputs generated from using StocksInValue;
2. assign or grant sub-licences of any of its rights under these Terms and Conditions of Use or permit third parties to use this service without the consent of StocksInValue;
3. provide StocksInValue either directly or indirectly to any third party without the consent of StocksInValue;
4. exploit StocksInValue otherwise than as permitted under These Terms and Conditions of Use; or
5. distribute or copy any research, articles/publications or valuations provided by StocksInValue without the consent of StocksInValue;
6. use in any Web Application.

INTELLECTUAL PROPERTY RIGHTS

• You acknowledge that you have no rights of ownership in StocksInValue.
• StocksInValue retains all rights (including copyrights, trademarks, patents as well as any other intellectual property rights) in relation to all information provided on or via this website. You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form without the prior written consent of StocksInValue or the appropriate consent of the owner. However, you may print out and/or download information contained on this website for your own personal and non-commercial use.
• All Intellectual Property Rights in or to StocksInValue are the property of, or vest on creation in, StocksInValue, including as an assignment of future copyright.

UNFORESEEN EVENTS

• StocksInValue is excused from performing its obligations to the extent it is prevented by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war, riots and strikes.

SEVERABILITY

• If anything in these StocksInValue Terms and Conditions of Use are unenforceable, illegal or void then it is severed and the rest of these StocksInValue Terms and Conditions of Use remain in force.

PRIVACY POLICY

• A copy of our privacy policy can be found via the link at the bottom of our home page.

PRICING

• Pricing is per the schedule on the StocksInValue Versions page of our website.
• Pricing is subject to change.

GST

• The consideration for any supply made under or in connection with this agreement includes GST. To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply has, included within it, an amount at rate at which GST is imposed in respect of the supply.

DISCLAIMER

• The information provided on StocksInValue is intended for general use only and may contain general financial services advice. The information presented does not take into account your investment objectives, financial situation and advisory needs. Because of this, before acting on any of the information provided, you should always consider its appropriateness in light of your objectives, financial situation and needs. Under no circumstances should investments be based solely on StocksInValue information and you should obtain professional financial planning advice. You can view Stocks In Value’s Financial Services Guide (FSG) here.
• The views and information presented are sourced from publicly available information and are believed to be reliable. StocksInValue is committed to bringing our subscribers accurate and timely company information. However, StocksInValue does not assume responsibility or accept liability whatsoever, whether arising from negligence, accident or otherwise, for any error contained in the information or recommendations contained within the StocksInValue website, application or any of our publications.

LIABILITY

• StocksInValue is not responsible for the accuracy or content of third party web sites that may have links from this website. In creating hypertext links to any other web sites StocksInValue is not recommending that website or giving any assurances as to its standing. The use of such links is entirely at your own risk and StocksInValue accepts no responsibility or liability for the content, use or availability of such web sites.
• Links to the Stocks In Value website are not permitted without the prior written consent of Clime.
• Testimonials are provided by third parties for information purposes only and are not intended to be financial product advice. They do not represent opinion or advice from Stocks In Value. Information provided may not be appropriate to your particular circumstances. You should consider obtaining your own independent advice before making any decision.
• StocksInValue, its directors, employees, agents and third party providers of testimonials make no representation and give no warranty as to the accuracy, reliability, completeness or suitability of the information provided on or via this website and do not accept any responsibility for any errors, or inaccuracies in, or omissions from information provided on or via this website; and shall not be liable for any loss or damage howsoever arising (including by reason of negligence or otherwise) as a result of any person acting or refraining from acting in reliance on any information provided on or via this website. No reader should rely on information provided on or via this website, as it does not purport to be comprehensive or to render personal advice. This disclaimer does not purport to exclude any warranties implied by law that may not be lawfully excluded.
• StocksInValue makes no warranties or representations, express or implied, as to whether information provided on or via this website is up-to-date. Clime does not represent or warrant that this website functions without error or interruption.
• We receive data from third parties including ASX Operations Pty Limited and other relevant exchanges and bodies. The material supplied may be subject to a claim of copyright and is published under licence from that company. Third party suppliers shall be under no liability whatsoever for any loss suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from material supplied by them.

GOVERNING LAW AND JURISDICTION

• No information, advice, or offers on this website are intended for any person outside Australia. Offers from this website can only be accepted by a person who is within Australia. Currency references in this website are references to Australian dollars only.
• This agreement is governed by the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

If you have any queries please email Stocks In Value Pty Limited at:
info@StocksInValue.com.au
Stocks In Value Pty Limited.
All rights reserved.