Resources

Member Agreement

Welcome to Investing for Charity Pty, before you can start using any resources, you must read and agree to the Terms & Conditions including any future amendments.

Terms of Use

INVESTING FOR CHARITY LTD

TERMS AND CONDITIONS

This website located at www.i4c.org.au (Website) is owned and operated by UNIT Central Incorporated (ABN 87 079 067 29) (Company, we, us, our) of C/- Deloitte Australia, Level 1, Grosvenor Place, 225 George Street, Sydney, NSW, 2000.

Company also owns or is the authorised licensee of the following domain name linked to the Website: ic4.org.au

A reference to Website in these Terms and Conditions includes the domain name listed above, unless the context indicates otherwise.

Your access to and use of the Website is subject to these Terms and Conditions and any other terms, conditions, notices or disclaimers we place on the Website. In the event of any inconsistency between these Terms and Conditions and any other terms, conditions, notices or disclaimers contained on the Website, the provisions of these Terms and Conditions shall prevail but only to the extent of such inconsistency.

By accessing and using the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you are not authorised to use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Website, following the posting of changes to these Terms and Conditions will mean you accept those changes.

To report any problems regarding this Website, please contact Company at matthew.fitzpatrick@unitaustralia.com (Contact Us).

PURPOSE OF THE WEBSITE

The Website has been established to enable the Company to share general information regarding Company’s activities and in particular, specific information and financial data such as research, reports and information pertaining to financial markets.

While Company has taken due care in compiling the information, materials and data on this Website, it has been prepared at least in part by third parties and therefore Company makes no representations about the accuracy, reliability, completeness or timeliness of the information, materials and data available on the Website.  Company does not necessarily endorse or approve the recommendations, assumptions and conclusions that may appear on this Website from time to time.

The information, materials and data provided on the Website are provided for informational purposes only and do not constitute financial advice or an offer to sell, or a solicitation of an offer to buy, any securities referenced on this Website. Past performance of any security or share portfolio should not be taken as an indication of future performance.

The Website is not intended to be a substitute for financial or investment advice. It does not take into account the particular circumstances, investment objectives and needs for investment of an investor. Before investing on the basis of the information contained on this Website, you should consider (with or without the assistance of a qualified financial advisor) whether the information on this Website is appropriate to you in light of your particular objectives, financial situation and needs. You should not disregard financial advice because of any information contained on this Website.

Any and all use of the information on this Website is at your own risk and Company relies on the limitation of liability provisions in these Terms and Conditions in connection with any reliance made by you on such information and other Website Material.

RIGHT TO USE WEBSITE MATERIALS

COPYRIGHT

All right, title and interest (including copyright) in all information, research, data, reports, text, material, designs, logos, insignia, audio or video material and excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject matter (Material) provided by Company and appearing on the Website (Website Material) is owned by Company or its licensors.  You are granted the non-exclusive, non-assignable, non-transferable, limited right to use the Website and the Website Materials only in the manner set out in these Terms and Conditions. You may access and use the Website and Website Material only for your personal and non-commercial use. Nothing in these Terms and Conditions or on the Website will grant you ownership of the Website Materials (or any intellectual property rights in them).

On the conditions that you keep intact all copyright and other proprietary notices, you may:

(a)          view the Website and its contents using a web ‘browser’;

(b)          save a single electronic copy of the Website Material for your personal, non-commercial use;

(c)           print out a single copy of the Website Material for your own personal, non-commercial use;

(d)          download one copy of the Website Material on a single computer for your personal, non-commercial use only;

(e)          display the Website Material on any computer, system or network which permits electronic access to the Website Material by more than one user at a time for their personal, non-commercial use only;

(f)           modify, merge, adapt or translate Website Material for your personal, non-commercial use only (‘Derivative Material’);

(g)          create one or more Derivative Materials for your personal, non-commercial use only;

(h)          display the Derivative Material on any computer, system or network which permits electronic access to the Derivative Material by more than one user at a time for their personal, non-commercial use only; and

(i)            transmit the Website Material and the Derivative Material (whether by email or otherwise) to any third party for their personal, non-commercial use only.

 

Modification of the Website Materials or use of the Website Materials and Derivative Materials for any purpose other than those set out above is a violation of the intellectual property and/or other proprietary rights of Company or its licensors.

RESTRICTIONS ON USE OF WEBSITE MATERIAL AND DERIVATIVE MATERIAL

LIMITED USE

You may not use or copy the Website Material other than as expressly provided by these Terms and Conditions and you may not:

(a)          use, sell, assign, rent, sub-licence or otherwise deal in the Website Material or the Derivative Material except as expressly permitted by these Terms and Conditions; or

(b)          copy any Website Material or Derivative Material onto any website operated by yourself or any third party.

ATTRIBUTION AND NOTICE REQUIREMENTS

When you publish or transmit any Website Material or Derivative Material, you must keep intact all copyright notices for the Website Material.

When you publish or transmit any Website Material or Derivative Material you must provide, in a manner reasonable to the medium or means you are using:

(a)          the name or pseudonym of the Company as original author of the Website Material and/or of any other party that Company has requested be attributed (such as in the copyright notice or terms of use).

(b)          the title of the Website Material (if provided); and

(c)           to the extent reasonably practicable, any uniform resource locator or identifier (such as a web link) that Company specifies should be associated with the Website Material that refers to the copyright notice or licensing information for the Website Materials.

For any Derivative Material you publish or transmit, you must take reasonable steps to clearly identify which changes were made to the Website Material.

You must, to the extent practicable, remove any attribution to the Company and its licensors from any Derivative Material if requested to do so by Company.

By exercising your rights under these Terms and Conditions, you must not assert or imply:

(a)          any connection between Company and you or your use of the Website Materials and the Derivative Materials; or

(b)          sponsorship or endorsement by Company of you or your use of the Website Materials and the Derivative Materials,

without the Company’s separate, express prior written permission.

TRADE MARKS

Unless otherwise stated, all trade marks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to Company, its affiliates or licensors. You must not use such trade marks, service marks or trade names except for:

(a)          printing out a single copy of the Website for your personal, non-commercial use; or

(b)          otherwise with the written consent of Company.

YOUR RESPONSIBILITIES

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms and Conditions.

It is your responsibility to ensure that your use of the Website complies with the Terms and Conditions and to seek prior written permission from Company for any uses not expressly permitted.

Company prohibits the use of the Website for any of the following:

(a)          transmitting or posting any message, information, research, data, text, software, images or other materials (User Material) that is libellous, defamatory, harassing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which otherwise in Company’s opinion infringes the rights of Company or any other party or which Company otherwise considers to be objectionable or to constitute or encourage a criminal offence, incite hatred in a person or group, violate the rights of any party, restrict or inhibit any other user from enjoying the Website, or otherwise to give rise to liability on the part of any other user of the Website or Company or to violate any law;

(b)          place on the Website or transmit to or through the Website any User Material which contains a computer virus, worm or any other computer code which may adversely affect the Website Materials, performance or functionality of the Website or any other website, software, system or equipment of Company or any other person or entity;

(c)           impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;

(d)          posting or transmitting any User Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person or entity;

(e)          using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;

(f)           attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Website Materials;

(g)          without our approval distribute or otherwise publish any User Material containing any solicitation of funds, promotion, advertising or solicitation for goods or services.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

DISCLAIMER

To the extent permitted by law, Company will not be liable in any way for any loss or damage suffered by you through your use of the Website (including the Website Materials) or otherwise as a result of Company providing the Website Materials available on the Website.

To the extent permitted by law Company makes no representation or warranty of any kind, either (express or implied):

(a)          as to the availability of any material described on the Website;

(b)          that the functions contained in any Website Material or other Material will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Website or any other website, software, system or equipment of such users or of any other party;

(c)           that you may access the Website; or

(d)          that any information, material, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful.

The inclusion of any advertising or other information or third party material in relation to Company’s sponsors on any page of the Website which promotes products to be supplied by a party other than Company does not imply that Company endorses or recommends any such party or product.

While all reasonable care has been taken in publishing and maintaining the Website, Company and sponsors of any Material presented on the Website accepts no liability or responsibility whatsoever for, or in respect of, any use of the Website or any reliance upon Material contained on the Website or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Company will not be liable for any loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission of the Website.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.

You expressly acknowledge and agree that Company does not exert control over users of the Website and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

LIMITATION OF LIABILITY

To the extent permitted by law, Company, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages (including loss of profits, loss of opportunity and loss of data) to any person even if such loss or damages were reasonably foreseeable.  If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction, then in no event will the liability of Company to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$10 and the amount paid by you, if any, for accessing this Website.

In Australia and without limitation to the foregoing and to the extent permitted by law, Company’s liability, if any, for any breach of a condition or warranty implied by the Competition & Consumer Act 2010 which cannot be excluded is limited to any one or more of the following as determined by Company in its absolute discretion:

(a)          in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and

(b)          in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.

INDEMNITY

You agree to indemnify and keep indemnified Company from and against any costs, loss, liability, claim or damage which Company incurs or suffers as a result of any default by you in respect of these Terms and Conditions or of any act or omission by you in connection with your use of the Website, including without limitation the Website Materials and the Derivative Materials.

LINKS TO AND FROM THIRD PARTY WEBSITES

The Website contains links to websites which are not operated by Company, in particular it contains links to sponsors’ websites.  Although Company has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites.  These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk.  The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, Company explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites and you hereby irrevocably waive any claim against us with respect to such sites.

Company encourages discretion when browsing the internet using its or anyone else’s service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.

Company does not endorse any of the products or services offered on any website which is not operated by Company (including any website which is accessible through a link from the Website).

Company does not make any representations or warranties as to the security of any information  which you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

If you contact a third party using functionality provided on the Website, including via e-mail, Company accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.   Company will not be a party to any contract or transaction entered into by you with any such third party, nor shall you involve us in any way in any dispute between you and such third party.

TERMINATION

The right to access and use the Website granted by way of these Terms and Conditions is effective until terminated by either party. You may terminate such right under these Terms and Conditions at any time by destroying all Website Materials and Derivative Materials obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. Your right to access and use the Website will terminate immediately without notice from Company if in Company’s sole opinion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all Website Materials and Derivative Materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise. All other provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the termination of your right to access and use the Website (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of Company) will survive termination.

GENERAL

AGREEMENT

These Terms and Conditions represent the entire binding agreement between you and Company, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Company, the Website, and the information and contents on the Website.

WAIVERS OF ANY OBLIGATION OR RIGHT

No waiver of any obligation or right by Company will be effective unless in writing and executed by Company.

VALIDITY

If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

GOVERNING LAW

This site is controlled and operated by Company from its offices within Australia. Company does not represent that the Website Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These Terms and Conditions will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms and Conditions. Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms and Conditions.

© Investing for Charity Ltd, 2013. All rights reserved.

The Agreement

By clicking “I agree” you are indicating that you have read and agree to the above Terms & Conditions.



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