BY CLICKING ON THE TICK BOX BESIDE THE STATEMENT "I AGREE TO THE TERMS & CONDITIONS" IN THE REGISTRATION FORM ACCESSIBLE THROUGH THE "JOIN NOW" LINK WITHIN THE PRODUCT AS DEFINED BELOW AND USING THE MEMBER CODES AS DEFINED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS AND CONDITIONS OF USE ("AGREEMENT"), UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM.
1. Grant of license
Subject to the terms and conditions of this Agreement, PortfolioConstruction Forum's publisher, Brillient Investment Publishing Pty Ltd ABN 19 122 531 337, (the "Publisher") grants you a limited nonexclusive, non-transferable, revocable license to access and use the non-subscription fee areas of the web application currently located at http://www.PortfolioConstruction.com.au ("the Site") including without limitation, the computer programs, Internet web pages, data, analyses, screens, manuals, tools and other information of any kind available on the Site (collectively, "Product"), as well as all updates, enhancements and modifications to the Product, and all intellectual property contained therein.
You agree that access to the Product is subject to these Terms and Conditions of Use. You acknowledge that the Product is not intended for use by individual investors. You acknowledge that the Product is designed for use by Australian residents in the business of providing securities advice as that term is defined in Corporations Regulations. You acknowledge that the content of the Product should not under any circumstances be considered investment advice, a securities recommendation, legal advice, accounting advice or tax advice, that the content of the Product has been prepared for general information only and without regard to any particular person's investment objectives, financial situation, attitudes or needs, and that before making any investment decision, an investor or prospective investor needs to consider, with or without the assistance of a securities adviser, whether an investment is appropriate in light of the investor’s particular investment objectives, financial circumstances, attitudes and needs.
The Publisher reserves the right at all times and without notice to (i) restrict or prevent you accessing the Product or any part thereof; and/or (ii) modify or discontinue providing the Product or any part thereof. You acknowledge that the Publisher has no obligation to correct or update the Product.
The Publisher may provide subscription fee materials, information and tools in addition to the Product (collectively, "Additional Subscription Fee Services") which are distributed through the Site. The Publisher will from time to time give you the option to subscribe to Additional Subscription Fee Services. You acknowledge that the Additional Subscription Fee Services are owned by the Publisher and/or its third party content providers ("Content Providers") and form part of the Product and you shall not acquire any property in the Additional Subscription Fee Services. The Publisher reserves the right to (i) charge you a subscription fee prior to allowing you to access Additional Subscription Fee Services; and (ii) require your agreement to these Terms and Conditions of Use as well as any additional terms and conditions specific to the Additional Subscription Fee Services ("Additional Subscription Fee Services Terms and Conditions") accessed by you.
2. Member codes
You will be issued with a member name and password (collectively, "Member Codes") to access the Product. You agree that you will (i) keep any record of your Member Codes secure and protected; (ii) keep your record of your member name and password separate and apart from each other; (iii) not tell any other person your Member Codes; and (iv) not allow any other person to read, watch you enter, or view your Member Codes. The Publisher may cancel your Member Codes at any time if the Publisher believes your Member Codes have been used or will be used in a way that will contravene this Agreement.
3. Restrictions on use
You agree that you are not authorised to use or distribute the Product including the Additional Subscription Fee Services in any manner except to: (i) make copies for backup purposes; (ii) assist in the analysis of individual securities and construction of portfolios; (iii) prepare specific and individual investment advice for an individual client or prospective client; and/or (iv) provide electronic or hardcopy printed extracts on a tailored, one-to-one basis to such a client or prospective client seeking specific and individual investment advice provided that you attribute the Product in the form: "© Portfolio Construction Forum. All rights reserved." and the Additional Subscription Fee Services in the form specified in the Additional Subscription Fee Services Terms and Conditions of Use.
You agree that unless specifically authorised by the Publisher in accordance with this Agreement or separately in writing, you may not directly or indirectly: (i) use, reproduce, adapt, modify, merge, install, transfer, broadcast, store, distribute (including without limitation link, imbed or otherwise insert the Product or Additional Subscription Fee Services or any part thereof within any other product or service), print, or publish the Product or Additional Subscription Fee Services or any part thereof; (ii) alter, reverse-engineer, decompile, translate, disassemble or separate the components of the Product or Additional Subscription Fee Services or any part thereof (including without limitation viewing or otherwise obtaining HTML source code); or (iii) use or apply the Product or Additional Subscription Fee Services or any part thereof for commercial purposes (including without limitation, sublicensing, renting, selling, leasing the Product or Additional Subscription Fee Services or any part thereof, or using the Product or Additional Subscription Fee Services or any part thereof for third-party training, commercial time-sharing or service bureau use).
4. Term
For the Product, the term of this license will commence on the date on which you agree to be bound by the terms of this Agreement and will continue until such time as the Publisher at its sole discretion decides to terminate it. The term for any Additional Subscription Fee Services will be documented in the relevant Additional Subscription Fee Services Terms and Conditions.
5. Ownership and copyright
You acknowledge and agree that: (i) the Product and Additional Subscription Fee Services, including without limitation any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by the Publisher and/or its Content Providers as applicable and is protected by Australian copyright and intellectual property laws; (ii) the Proprietary Information contains valuable copyright and proprietary material of the Publisher and Content Providers; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to this Agreement; (iv) you have no rights to the Proprietary Information, other than the rights and licenses granted pursuant to this Agreement. The Publisher may disclose additional information to you in the form of upgrades, documentation or other support during the term of this Agreement and you agree that such information will also be deemed Proprietary Information.
6. Trademarks, brands and names
You acknowledge that all trademarks, brands and names appearing in the Product and Additional Subscription Fee Services are the property of their respective owners and that nothing contained in the Product and Additional Subscription Fee Services is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
7. Disclaimer of warranty
You acknowledge that the Product and Additional Subscription Fee Services are provided to you on an "as is" basis. Except where required by law, the Publisher makes no representations nor gives any guarantee or warranty as to the accuracy, timeliness, completeness, or quality of the Product, materials and information provided by Content Providers or any other website which you may access through the Product ("Third Party Site").
The Additional Subscription Fee Services or Third Party Site are independent of the Publisher. You must take your own precautions to ensure that any Additional Subscription Fee Service or Third Party Site that you access from the Product is free from viruses, worms, Trojan horses and other material of a destructive nature.
Subject to any non-excludable provisions of the Australian Trade Practices Act, 1974, the Publisher expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to the Product, any Additional Subscription Fee Services and/or Third Party Site.
8. Limitation of liability
The Publisher will not be liable in contract, tort (including for negligence) or otherwise for any loss, damage, cost, expense, claim or injury whatsoever including but without limitation, special, indirect, consequential or incidental damages, loss of profits or revenues, business interruption, loss of programs or other data on your information systems, or costs of replacement goods, or otherwise, even if the Publisher is expressly advised of the possibility of such loss or damage, which directly or indirectly results from (i) your use or reliance, whether wholly or in part, on the Product or any part thereof including without limitation any Additional Subscription Fee Services and/or Third Party Site; (ii) any delay, interruption, or other failure of the Product or any part thereof including without limitation any Additional Subscription Fee Service and/or Third Party Site; or (iii) any change in the Product or part thereof including without limitation any Additional Subscription Fee Services and/or Third Party Site.
You agree that the Disclaimers and Disclosures published within any Additional Subscription Fee Services to which you subscribe form part of this Agreement.
9. Indemnification
You agree to indemnify the Publisher in respect of any loss, damage, cost, expense, claim or injury whatsoever which may arise or result directly or indirectly from a breach by you of your obligations under this Agreement or which are caused by your negligence or wilful default, fraud, dishonesty or other misconduct.
10. Confidentiality
You agree that the Publisher will not be liable for any unauthorised access by any means to personal information held by the Publisher about you, which information will be collected, used and disclosed in accordance with the Product's Privacy Policy >.
11. Termination
The Publisher may at its sole descretion, terminate this Agreement at any time without notice. Upon expiration or termination of this Agreement for any reason, all of your rights in and to the Product and Additional Subscription Fee Services will terminate. If the Publisher requests that you stop using the Product or any part thereof, or promptly return or destroy copies of the Product or any part thereof including the Additional Subscription Fee Services, you must immediately comply with that request and confirm in writing to the Publisher within five (5) business days after that request, that you have done so.
Your rights and obligations under clauses 5, 6, 7, 8, 9, 12, 13, 15, 16 and 17 will survive termination of this Agreement.
You agree that should the Publisher exercise its right to terminate this Agreement and/or to discontinue providing any of the Additional Subscription Fee Services, the Publisher's liability to you is limited to the pro-rata amount of the subscription fee paid by you, for the unexpired term of any Additional Subscription Fee Services.
You agree that should you exercise your right to terminate this Agreement, you will forfeit the pro-rata amount of any subscription fee paid by you, for the unexpired term of any Additional Subscription Fee Services.
12. Damages not adequate
You acknowledge that (i) a breach by you of this Agreement may cause the Publisher irreparable damage for which monetary damages would not be adequate remedy; and (ii) the Publisher may seek and obtain the remedies of injunction, specific performance and other equitable relief for any threatened, suspected or actual breach of the provisions of this Agreement.
13. Governing law
This Agreement is governed by the laws of New South Wales, Australia and any dispute arising hereunder will be determined by the courts of New South Wales.
14. Entire agreement; variation
This Agreement constitutes the entire agreement between you and the Publisher with respect to the Product; provided, however, that the Publisher reserves the right to, at its sole discretion, alter the terms and conditions of this Agreement at any time. If the Publisher alters the Agreement, the Publisher will post the revised Agreement and effective date on the Site. You are responsible for regularly checking the Site for any such changes. By using the Product after the effective date of any change, you agree to be bound by the revised Agreement.
15. Assignment
Your rights and obligations under this Agreement cannot be assigned, charged or otherwise dealt with, and you agree you will not attempt or purport to do so without the prior written consent of the Publisher, which may be granted or withheld at the Publisher's sole discretion and which if granted may be granted subject to such terms and conditions that the Publisher may prescribe.
16. Severance
Any provision of this Agreement that is deemed by any person with authority to do so (including without limitation, a court) to be invalid or unenforceable in any jurisdiction will be ineffective in that jurisdiction only to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
17. No waiver
The Publisher may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. Failure or delay by the Publisher in exercising any right, power or remedy under this Agreement will not operate as a waiver, nor will any single or partial exercise by the Publisher of any right, power or remedy preclude any other or further exercise by it of that or any other right, power or remedy.
©
2007 Portfolio
Construction Forum, Brillient Investment Publishing Pty Ltd ABN 19 122 531 337.
All rights reserved. Refer Terms & Conditions of Use.
