Terms & Conditions and Privacy Statement
IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE
Your use of this website and the information available on this website is subject to the following terms and conditions:
- Ownership - This site www.fundmonitors.com (Website) is owned and operated by Australian Fund Monitors Pty Ltd ACN 122 226 724 (AFM).
- Acceptance of Terms and Conditions - Your access and use of the website means you accept and agree to comply with the terms and conditions, contained in this document and elsewhere on the website (known collectively as the "Terms and Conditions"), subject to any other acknowledgements, confirmations or undertakings by you made by your use of this website and subject to any other notices or disclaimers on this website, as they exist from time to time. Your use of and continued access to the website constitutes your agreement to the Terms and Conditions. AFM may amend the Terms and Conditions at any time by posting the amended terms and conditions on the website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time even if you do not have notice of them. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you breach any Terms and Conditions, your right to use and access the website automatically terminates.
- Restrictions on Use - The website is available only for wholesale and sophisticated investors, financial advisors or other appropriately licenced parties for your personal, non-commercial use. AFM may change or discontinue any feature of the website including the Materials defined in clause 5, hours of availability and equipment required for access. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Material contained on this website, unless expressly provided for on the website or expressly authorised in writing by AFM. Our website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
- Trademarks - All names, logos and trademarks are the property of AFM or the third parties who have contributed to or who have documents on the website. Nothing on the website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of AFM or the relevant contributor or owner of a trademark. Nothing displayed on the website should be construed as granting any licence or right to use any trademark without the express permission of AFM, or the relevant third party contributor or owner of a trademark.
- Copyright - The content of this website, including all information such as metadata, text, graphics, images and other material ("Materials"), is protected by Australian and international copyright law. Unauthorised use of the Material may breach these laws. If you wish to quote our information please refer to the conditions for republishing and reprinting here.
- No Representations - AFM makes no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. AFM is neither responsible for nor liable for Material provided by third parties. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time, without notice.
- No Warranties - The website and Material are provided on an "as is" basis without any warranties of any kind, to the extent permitted by law. AFM, to the fullest extent permitted by law, disclaims all warranties or representations (express or implied). If the Australian Securities and Investment Commission Act, the Trade Practices Act 1974 (Commonwealth) or any corresponding State legislation implies terms, conditions or warranties into some contracts for the supply of goods or any services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms") and that applies to these Terms and Conditions, then, except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non-access to, the website or the use of or reliance upon the website or the Materials are excluded. To the extent permitted by law if AFM breaches Prescribed Terms, then its obligations and liability in relation to that will be limited to the re-supply of the services. In addition, AFM does not warrant that the website will operate error free or that this website and its servers are free of computer viruses and other harmful material. If your use of the website or the Material results in the need for servicing or replacing equipment or data, AFM is not responsible for those costs.
- Limitation of Liability - Except as provided by any Prescribed Terms, AFM, its suppliers, or any third parties mentioned on the website will not be liable for any damages whatever (including, without limitation, incidental and consequential damages, lost profits, or damages in any case whether foreseeable or not) resulting from the use or access of or inability to use and access the website and the Material.
- Internet Service Providers - If you are an internet service or access provider which supplies the material to your subscriber, you must not use the website in any manner or for any purpose which is unlawful or in any manner which breaches any right of AFM or which is prohibited by the Terms and Conditions.
- Hyperlinks - The website may contain hyperlinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of AFM and AFM is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply any endorsement of the Linked Site by AFM. You link to any such Linked Site entirely at your own risk. We are not involved in any transaction between you and a person accessed by a linked site. We exercise no control over the goods, services or financial products advertised or sold and statements made through any Linked Sites. The Material on any Linked Site, including product or service information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. AFM is not liable for the prices or price changes, including where price changes have not been reflected on the relevant site. Any purchases or dealings you have with a Linked Site are done at your own risk. AFM is not a party to any transaction between you and an operation of a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the AFM Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency the AFM Terms and Conditions prevail.
- Advertisements - The website may from time to time contain third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors ("Advertisers"). Clause 11 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by AFM.
- Disputes with Linked Sites and Advertisers - Since we do not and cannot be involved in your interaction with Linked Sites and Advertisers, if you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, you release and indemnify AFM (and our agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect, in any case whether foreseeable or not) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Termination - The Terms and Conditions are effective until terminated by AFM. AFM may terminate this agreement and your access to the website at any time without notice. If the Terms and Conditions or your access is terminated, you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations or exclusions of liability set out in the Terms and Conditions will survive termination.
- Governing Law - The Terms and Conditions are governed by and construed in accordance with the laws in force of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- General - If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted by the Terms and Conditions to AFM are reserved. This agreement sets out the entire understanding and agreement between AFM and you with respect to your use of the website and the Materials and all related or consequential aspects of that.
As the operator of this website, AFM may obtain and retain information, such as the name, phone number and email address about those who are using its website. AFM recognises the importance, however, of protecting that information.
We know you may be concerned about what we do with that information. You have our assurance that we will not disclose the information, and will use all reasonable endeavours to prevent the disclosure of the information, except to the extent:
- Indicated at the time of supply of the information to us;
- expressly permitted under any agreement with you;
- we may pass your contact details to fund managers for whom we may provide capital introduction services;
- required for the ordinary operation of our website or our business (e.g. to send you information about fund managers or suppliers listed on the website) ;
- required under compulsion of law or provided in co-operation with any governmental authority; or
- where it is already publicly available or is disclosed by AFM in a manner that does not readily permit identification of information relating to you.
Subject to the above overriding prohibition on disclosure, AFM may use the information as it sees fit for the purposes of its business, including but not limited to, Capital Introduction Services for investors and fund managers.
The following disclaimers also apply:
- From time to time the AFM website may contain links to other websites. AFM is not responsible for the privacy practices or the content of those websites.
- Although AFM has implemented substantial security measures in relation to the information, since the website is linked to the internet and the internet is inherently insecure, AFM cannot provide any assurance regarding security of the information. AFM will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.
- AFM accepts no responsibility for unauthorised use of any password or other security mechanism provided to you, other than by AFM's own staff.
"FOREVER FREE" & "FREE TRIAL" TERMS AND CONDITIONS
Access to certain sections and functionality of the Website is available at the absolute discretion of AFM on a "Forever Free" basis provided the user has registered, accepted the Terms and Conditions, and provided a valid name, email address, and other requested contact details. If AFM considers the information provided by the user is not accurate or valid, it reserves the right to block or refuse access to the Website. AFM reserves the right to change the level of access and functionality of the Forever Free service level at its absolute discretion, and without notice.
At its absolute discretion Australian Fund Monitors Pty Ltd (AFM) may provide a Registered User (the User) with access to various features and functionality of its Premium Subscription Service (the Service or Offer) at no cost and without obligation for a period of up to sixty days (the Initial Term). AFM may cancel the Free Trial or elect to change the Term by providing the User notice via email to the email address provided by the user on registration.
The User accepts that the Service contains general information only and does not constitute financial advice.
Each User may only access the Free Trial Offer once. However AFM reserves the right to extend the Free Trial beyond the Initial Term or offer it on a repeat basis at its absolute discretion.