1.1 Any use by you of the Website is conditional upon your acceptance of these Terms and Conditions of Use, including our Privacy Statement at http://www.thebull.com.au/privacy-policy/. We reserve the right to amend these Terms and Conditions of Use from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms and Conditions of Use, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.
1.2 TheBull is not responsible and bears no liability for your access to the internet. You are only able to access TheBull via the website www.thebull.com.au, where you can also download the PDF version. There is no printed version of TheBull. TheBull is not responsible for lack of access due to changes made by third parties such as companies that produce internet browsers and or security software.
1.3 TheBull endeavours to deliver all newsletters and reports via email, where requested, except the Easter weekend and the first and last weeks of the year (Christmas holidays), when markets are mostly closed. TheBull does not guarantee delivery of the service via email notification. TheBull accepts no liability for lack of email delivery due to third parties, such as Internet Service Providers (ISP’s) preventing the email from reaching you. TheBull recommends that you add ‘[email protected]’ and ‘[email protected]’ into your safe receivers and safe senders list in your email system.
2. Website Limited License.
2.1 As a user of this Website, TheBull grants to you a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms and Conditions of Use. TheBull may terminate this license at any time for any reason.
3. Limitations on Use.
3.1 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users.
3.2 You may not monitor or copy our Website or the Content without TheBull’s prior written permission.
3.3 You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. Any unauthorized use of this Website or its Content is prohibited.
4. Not Financial Advice.
4.1 The Content is not intended to and does not constitute financial advice, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Website or materials linked from this Website is at your own risk.
4.2 TheBull is an online publisher and is not a licensed financial adviser. TheBull does not offer personal advice. Any recommendations or opinions expressed on TheBull are for information purposes only and should not be used to make individual investment or financial decisions. Before making any investment decision, you should seek independent financial advice from a qualified financial adviser who has taken into account your investment objectives, risk profile, financial situation and needs. You should always obtain and read the product disclosure statement or offer document of financial products or securities before making a decision to invest.
4.3 TheBull, including its directors, associates and employees do not guarantee the performance of a security or financial product that is written about on TheBull. TheBull, including its directors, associates and employees disclaim to the maximum extent permitted by law any liability for any loss or damage however caused as a result of any recipient relying on information in TheBull and provided on this website.
5. Registration and Subscription Policy.
5.1 Certain sections of this Website require you to register. If registration is requested, you agree to provide TheBull with accurate and complete registration information. It is your responsibility to inform TheBull of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
5.2 TheBull does not permit:
(a) anyone other than you to use the sections requiring registration by using your name or password; or
(b) access through a single name being made available to multiple users on a network or otherwise.
You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify TheBull immediately by contacting administration at [email protected].
5.3 It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify TheBull when you desire to cancel your account. TheBull will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5.4 Subscribers to TheBull are charged for one year’s subscription in advance via credit card. The amount charged is in Australian dollars only.
5.5 The subscriber’s credit card details are retained by eWAY, which is the payment gateway used to process payments. TheBull does not have access to these banking details at any time. Annual renewals are triggered by TheBull and actioned by eWAY using these details.
5.6 Refund & Subscription Policy – subscribers acknowledge that The Bull Publishing Pty Ltd has a “no refund” policy with respect to all TheBull PREMIUM subscriptions and/or memberships.
5.7 You may terminate your subscription by giving written notice to us. Notice should be received by us at least 5 business days prior to the due date of the next drawing.
6. Intellectual Property Rights.
6.1 TheBull is the owner and/or authorized user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website (“Content”) are the copyright of TheBull, its suppliers and licensors unless expressly indicated otherwise by TheBull.
6.2 Except as provided in these Terms and Conditions of Use, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the website.
6.3 Except as provided in these Terms and Conditions of Use, any use or reproduction of the intellectual property is prohibited. All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this website are owned by TheBull or its licensors.
6.4 You agree that you are permitted to use this material or content only as set out in these Terms and Conditions of Use or as otherwise expressly authorized in writing by TheBull or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
6.5 Except as expressly provided in these Terms and Conditions of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
6.6 The Content is protected by Australian and international copyright and trademark laws.
6.7 No one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorized in writing by TheBull.
6.8 You may view this website and you are welcome to print hard copies of material on it solely for your lawful and personal use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or create derivative works of such material, without our prior written consent. All other rights are reserved.
7.1 This Website contains information on financial products and financial services which you may access. All financial products and financial services information has been provided by the relevant provider or vendor and not TheBull, and TheBull has included it on this Website as a convenience only. You should confirm all product descriptions and specifications with the relevant original provider before purchase.
7.2 This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by TheBull, its affiliates or their directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
7.3 TheBull will not be responsible for the illegality of or any error or inaccuracy in advertisers’ materials or for the acts or omissions of advertisers.
7.4 In some instances, the advertisement may contain representations or offers by the third party advertiser which you may accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are made by the third party advertisers and not TheBull, and the third party advertisers are solely responsible to you for the provision of the financial product or financial services that you purchase on the third party websites.
8. Errors and Corrections.
8.1 TheBull does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.
8.2 TheBull does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable.
8.3 TheBull may make improvements and/or changes to its features, functionality or Content at any time.
9. Third Party Content and Message Boards
9.1 Third party content may appear on this Website or may be accessible via links from this Web Site. TheBull shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of TheBull.
10. Disclaimer and Limitation of liability
10.1 To the extent permitted by legislation such as the Trade Practices Act 1974 (Cth), this Website is provided on an “as is, as available” basis.
10.2 TheBull expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.
10.3 TheBull disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from this Website and the content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party web sites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom,
(c) the unavailability of this Website or any portion thereof,
(d) your use of this Website, or
(e) your use of any equipment or software in connection with this Website.
10.4 TheBull shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this web site and the interactive areas of this web site or any facts or opinions appearing on or through an interactive area.
10.5 TheBull shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the content. To the extent the foregoing limitation of liability is prohibited, TheBull’s sole obligation to you for damages shall be limited to $100.00.
10.6 The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by TheBull of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified (“Non-excludable Rights”).
10.7 TheBull does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
10.8 Except as provided for by the Non-excludable Rights:
(a) this Website (including all Content and functions) is provided “as is” and without warranties of any kind, either express or implied, and TheBull and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(b) TheBull does not warrant that any functions on this Website (including inter alia your access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to you or any other person accessing this Website are free of viruses or any other harmful components.
(c) TheBull does not warrant or make any representations regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
10.9 Under no circumstances (including but not limited to any act or omission on the part of TheBull) will TheBull or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
11.1 You agree to indemnify, defend and hold harmless TheBull, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms and Conditions of Use by you.
11.2 You will also indemnify TheBull against any claims that information or material which you have submitted to TheBull is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
11.3 TheBull reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with TheBull in any such defenses.
12. Third Party Rights.
12.1 The provisions of paragraphs 10 (Disclaimer and Limitation of Liability), and 11 (Indemnification) are for the benefit of TheBull and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Unlawful Activity.
13.1 TheBull reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
14. Remedies for Violations.
14.1 TheBull reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to this Website and any other TheBull Web sites and their features.
15. Your responsibility
15.1 You should always verify the information set out in this Website with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Website and to ensure the compatibility of such software with your equipment.
15.2 In circumstances where you provide TheBull with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which TheBull may make of such information.
16. Confidentiality and Privacy
16.1 Unless specifically requested, TheBull does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by email, or in any other way.
16.2 Any information or material submitted by you, and which has not been specifically requested by TheBull will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Website, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by TheBull without restriction for whatever purpose TheBull deems fit and without payment of any sum or acknowledgement of you as their source.
16.3 You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. TheBull shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
16.4 In the course of your use of the Website, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). TheBulls’ information collection and use policies with respect to such User Information are set forth in the Website Privacy Statement, which Privacy Statement is incorporated into these Terms and Conditions of Use by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
18. Severability of Provisions.
19.1 The Terms and Conditions of Use are effective until terminated by TheBull, and TheBull may terminate this agreement and your access to the Website at any time without notice.
19.2 In the event of termination, you are no longer authorized to access this Website, but all restrictions imposed on you and all TheBull disclaimers and limitations of liability set out in the Terms and Conditions of Use will survive.
19.3 Such Termination shall not affect any legal right that may have accrued to TheBull against you up to the date of termination.
19.4 TheBull may restrict, suspend or terminate your access to the Website and/or your ability to avail of any of the services on the Website, including interactive services, if TheBull believes that you have breached these Terms & Conditions at any time.
19.5 Any such restriction, suspension or termination will be without prejudice to any rights which TheBull may have against you in respect of your breach of these Terms & Conditions.
19.6 TheBull may also remove the Website as a whole or any sections or features of the Site at any time. Please note that TheBull has the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions of Use.
20.1 This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
20.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
20.3 All rights not expressly granted herein are reserved.