This agreement is between you, the user, and Fairfax Digital Limited ABN 79 066 325 782 of level 19, 201 Sussex Street, Sydney NSW 2000 ("Fairfax Digital").
Please read this carefully. By accessing the Moneymanager web site at www.moneymanager.com.au.au ("Site") you are agreeing to the terms that appear below. If you have any questions or comments, please contact us through site feedback.
This Site is designed to provide you with a range of personal finance information, financial statistics, general market information, educational guides, comment, fact sheets, financial calculators, portfolio tools and facilities for you.
The Site does not give any securities or investment advice, conduct any securities or investment advice business or deal in securities whether on its own behalf, as a representative or agent of any other person, or otherwise
It is owned and operated by Fairfax Digital Limited ("Fairfax Digital "), a member of the John Fairfax Group. The Site is designed for use by Australian users only and not for persons who are residents of any other country. All references to currency are to Australian dollars.
You will be able to access material in most parts of the Site without going through any registration process, although some areas are only open to you if you do sign up. These areas are personal to you and make it easier for you to return to and make the most of the Site's usefulness.
There is no specific time limit applying to your access and use of the Site. However, we reserve the right to suspend or terminate your access and use of the Site at any time, with or without notice.
All material on the Site and any material sent to you by email or any other form ("the content") belongs to us or our licensors. You may retrieve and display content from the Site on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to a Network) for your personal, non-commercial use.
We own the copyright and other intellectual property rights associated with the content.
Except as specifically set out above, you may not do any of the following without prior written permission from us:You acknowledge that "Fairfax Digital ", "John Fairfax","Moneymanager" and "www.moneymanager.com.au" are trade marks owned by the Fairfax Group and that you may not use them without written permission from us.
You are obliged to provide us with accurate, complete registration information and it is your responsibility to update and maintain any changes to that information (including your email address) by modifying your details directly in the signing up area of the Site.
Each sign up is for a single user only. On registration, you must insert a user name and password. We do not allow any of the following: access through a single user name and password being made available to multiple users on a Network.
You are responsible for all use of the Site made by you or anyone else using your user name and password and for preventing unauthorised use of your user name and password.
We recommend that you select a hard-to-guess user name and password (for example, avoid using your first or surname), and that you change both user name and password from time to time.
Fairfax Digital Membership Agreement and Terms & Conditions of Use
4. Privacy Policy
The information that you provide about yourself to the Fairfax Digital will only be used in accordance with its Privacy Policy. This includes:
- using your information for the effective administration of the Site and to communicate with you;
- the disclosure of your information within the John Fairfax Group of companies
The Privacy Policy does not apply to Third Party Sites.
5. Software and security
We are not responsible for any technical or other issues which may arise if you download software from external sites (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Site.
6. Limitation of liability and disclaimer
The content is only for your general information and use and is not intended to address your particular financial requirements. Specifically, the content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users in making any particular investment or other decisions. Please speak to an independent adviser before making any investment decisions. Any arrangement made between you and a third party named on this Site is at your sole risk and responsibility.
We obtain content from a number of sources and because of the nature of electronic distribution via the World Wide Web, we do not give any warranties in respect of the Site.
In particular, the Site is provided on an "as is", "as available" basis.
Although we will check all content before we publish to www.moneymanager.com.au to ensure that it is up-to-date, we cannot provide any guarantee of the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any content in it.
All implied warranties are excluded from these terms to the extent that the law allows. In addition, we will not guarantee that the Site is free from infection by viruses or anything else that have contaminating or destructive properties.
We will not be liable for any damages (including damages for loss of profits) arising in contract, tort or otherwise from your use or inability to use the Site or any content or from any action taken (or not taken) as a result of using the Site or any content.
The Site contains links to other Web sites provided by independent third parties ("Third Party Sites"), either framed within our own screens, or unframed, which means you are linked directly to the other party's site. Where possible, we will make clear where such links are being made, though Third Party Sites may be co-branded with the f2 Network and so include our trade marks.
We are not responsible for the availability or content of Third Party Sites. Nor are we in any way responsible for transactions concerning goods or services available from such Third Party Sites.
7. Personal Finance Products and Services
You agree and acknowledge that the financial services that are provided on this Site, (which may include the services of an insurance broker, mortgage lender, personal banking or other business or other financial services) (the "Services") are only an invitation for you to exchange information so that we or (where applicable) the relevant bank or financial institution may determine whether it is to mutual advantage to do business with each other. For example, any application for a mortgage or information disclosed by you in contemplation of applying for a mortgage is not to be construed as an offer by the Fairfax Digital , moneymanager or the John Fairfax Group or (where applicable) the relevant bank or financial institution which is capable of acceptance. Further, the state or country in which you reside or do business may have particular laws, which render the information provided inapplicable to your specific situation.
8. Stock Quotes and ASX Announcements
Stock quotes and ASX Announcements appearing on the Site are supplied by the Australian Stock Exchange. Unless otherwise indicated, stock quotes are delayed at least 20 minutes. Stock quotes indicated as "real-time" are made available without delay following their receipt from the ASX. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with a timestamp to indicate the timeliness of the data.
Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but Fairfax Digital and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stockbroker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. Fairfax Digital and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
9. Find a Managed Fund
The performance of the investment or other products described on the Site is not guaranteed by MoneyManager, or any other member of the John Fairfax Group, or any other person or organisation. Any investment in a product described on the Site is not a deposit with or any type of liability of MoneyManager or any other member of the John Fairfax Group and is subject to investment risk, including loss of income and principal invested.
Copies of prospectuses for funds available through the Site have been lodged with the Australian Securities and Investments Commission. Prospectuses are available by making a request in the managed investments section of the Site. The dates of the prospectuses are stated in the Fund Profile of each fund. Applications for investment in any of the funds may only be made on an application form attached to a paper copy of the prospectus or accompanied by an electronic version of the prospectus.
Neither Fairfax Digital , MoneyManager nor Trading Room Pty Ltd have authorised, caused or are responsible for the issue of any prospectus available through the Site.
The past performance of funds available through the Site is not a guarantee or reliable guide to future performance. Where specified, financial news and financial and market statistics on the Site are provided by Assirt, who is a specialist provider of financial information. The material provided by Assirt is provided under additional terms and conditions. [www.assirt.com.au]
10. Changes to these terms
We reserve the right, at our discretion, to make changes to any part of the Site. Due to our policy of updating and improving the Site, we may change these terms from time to time. Your continued use of the Site after a change signifies your agreement to the new terms. You should check these terms from time to time for changes.
11. Advertising and sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws. We will not be responsible for any error or inaccuracy in advertising material.
12. Competitions and prize draws
From time to time Fairfax Digital may run competitions, prize draws and promotions on the Site. These are subject to additional terms that will be made known at the time.
13. Choice of Law and Jurisdiction
These terms shall be governed by and interpreted in accordance with the law of New South Wales.
The parties irrevocably agree that the courts of New South Wales shall (subject to the paragraph below) have jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For our exclusive benefit, we retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
14. General
You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction, the validity of the remaining provisions of these terms will survive. If either party does not exercise any right or remedy under these terms, this will not be taken to mean they have been waived.
Noel Whittaker is a Brisbane-based financial adviser and author of nine books, each week Noel answers your questions.
