As a User (referred to in this Agreement as User, you or your), your access to any of the Software, the Application, the Website or the Content (together, the ‘Services’) is subject to the Terms. By using any of the Services you agree to be bound by the Terms, including this Agreement.
Application means this mobile-based application, which is used to access the Software.
Agreement means this User Agreement between you and us. ASX means the Australian Securities Exchange, a market operated by ASX Limited ABN 98 008 624 691.
Content means all of the data, information, text, material, graphics, advertisements and design of, or provided by means of, the Software or the Application.
Content Page means any display of content accessible by the various controls (buttons, drop downs, etc) provided by means of the software or the application. Corporations Act means the Corporations Act 2001 (Cth) as amended from time to time.
Financial Product has the same meaning as in section 763A of the Corporations Act. Financial Product Advice has the same meaning as in section 766B of the Corporations Act.
Free User means a User excluding Users who pay a Subscription Fee who accesses the Services:
Initial Term means initial access to the Services for a period of thirty (30) days.
Mobile Subscription means the right, subject to this Agreement, to use the Application to view any content pages for an unlimited number of Stock Codes and for one (1) or more Regions as selected by the User.
Personal Information has the meaning given in the Privacy Act 1988 and includes information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether the information or opinion is recorded in a material form or not.
Related Entity has the same meaning as in the Corporations Act. Subscription Fee means the monthly fee payable to HALO Technologies for the Mobile Subscription, calculated according to the number of Regions for which the User wishes to access the Application. The total amount of the Subscription Fee will be displayed at the time the User purchases a Mobile Subscription.
Stock Code means the unique identifying code for any particular securities or other financial products discussed on the Services.
the Website means the website at www.halotechnologies.com.au operated by HALO Technologies.
Third Party Payment Processing Account includes but is not limited to the User’s account with the application store or distribution platform through which the User downloads or otherwise accesses the Application.
User means each User of the Services under this Agreement, and includes each Free User and any user who has paid a Subscription Fee. Where the User is a corporation, a reference to the User includes the User’s employees and contractors.
2.1 A User who is not a Free User, and who wishes to access the Services, must pay the Subscription Fee before the Initial Term commences.
2.2 To retain the Mobile Subscription, a User who is not a Free User must pay any applicable Subscription Fee every thirty (30) days after the commencement of the Initial Term.
2.3 To purchase a Mobile Subscription, you must provide valid payment details for the processing of the Subscription Fee. By using or accessing the Services you authorise HALO Technologies to use your payment details to charge any applicable Subscription Fee and any other amounts payable in relation to a Mobile Subscription in accordance with this Agreement, either directly or through any Third-Party Payment Processing Account.
2.4 If the payment of any Subscription Fee falls due on a public holiday or another day that banks are not open for business in New South Wales, HALO Technologies reserves the right to process such payment on the next business day. If any attempted payment fails, you authorise us to continue attempting to process the Subscription Fee.
2.5 Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Content or restrict access to some or all parts of the Services.
2.6 The Services are made available by HALO Technologies for use only by the User. You must not use the Services:
(a) in any manner that is inconsistent with the purpose for which they are provided.
(b) in any manner which is in breach of any laws, including but not limited to the Corporations Act
(c) as far as applicable, in any manner inconsistent with the ASX Market Information Services : Product and Services Guide, published by the ASX and available at www.asxonline.com; or
(d) in any other way that is not expressly permitted by the Agreement.
3.1 HALO Technologies grants to the User a non-exclusive, non-transferable, revocable, limited licence to access and use Services in accordance with this Agreement.
3.2 Upon HALO Technologies terminating the licence granted to the User, and subject to clause 16, the User will no longer have access to the Services, or any data or information created using the Services.
4.1 You may not create derivative works from the Services.
4.2 You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the extent permitted above.
4.3 Without limiting the above, you will not and will not permit a third party to:
(a) use or access the Services in a way that infringes the intellectual property rights or other rights of any person;
(b) use any network monitoring or discovery software or method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Software, Content, the Application or the Website, or for the purpose of extracting information about usage, individual identities or users;
(c) use any method or process to consolidate or combine the Services with any other content, data, information, images or material;
(d) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Services;
(e) sell, sub-licence, transfer, transmit, publish or make available any part of the Services; to any other person;
(f) use the Services in conducting any business or commercial enterprise, or use any of them as a basis for making any recommendation about any Financial Product or financial investment to any person;
(g) use, access or retain any Content in any manner or form whatsoever, unless expressly permitted by the Agreement;
(h) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Services;
(i) do anything which will or may place an unreasonable load on the infrastructure of the Services;
(j) post, distribute or send any 'spamming material' or any other form of bulk communication on or using the Services;
(k) impersonate any person or entity;
(l) publish on the Services or disseminate using the Services, any material which is unlawful, defamatory, indecent, offensive or inappropriate;
(m) use the Services to harass, defame, abuse, threaten or otherwise offend others; or
(n) transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Services.
4.4 You must not misuse the Services by:
(a) knowingly introducing viruses, trojans, worms, bots, logic bombs or other malicious software;
(b) gaining unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services; or
(c) attacking the Services via a denial-of-service attack or a distributed denial-of service attack.
4.5 You will not use public Internet connections (wireless or wired) to access the Services unless you are using adequate and functioning security measures such as a firewall, anti-virus software, or anti-spyware software.
4.6 It is your responsibility to ensure you have up-to-date and effective anti-virus and anti-malware software on your phone, tablet, computer, server, network infrastructure or any other device through which you access the Services.
4.7 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use or downloading of the Services or of any other material linked to the Services.
4.8 We shall not be liable for any loss or damage suffered by you as a result of using public network connections, failing to have up-to-date and effective anti-virus and anti-malware software or failing to notify us that your device has been infected by any type of malicious software.
5.1 HALO Technologies is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Services, unless otherwise indicated. All of the Content is the copyright of HALO Technologies, its suppliers and licensors unless expressly indicated otherwise by HALO Technologies.
5.2 Except as provided in the Agreement, use of the Services does not grant you any right, title, interest, or license to any such intellectual property you may access by doing so.
5.3 You agree that you are permitted to use the Services only as set out in the Agreement or as otherwise expressly authorised in writing by HALO Technologies, 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.
5.4 Except as expressly provided in this Agreement, nothing contained in the Agreement shall be construed as conferring any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
5.5 The Services are protected by Australian and international copyright and trademark laws.
6.1 The User agrees to:
(a) use the User’s registration and login details only for the User’s own access to the Software and Content, and not to lend or reassign them to any other third party and to store these in a safe and secure manner; and
(b) use updated anti-virus software, anti-spyware software and a personal firewall to keep the User’s personal computer secure.
6.2 It is the User’s sole responsibility to control the dissemination and use of the User’s password and other login or security credentials. HALO Technologies will not be responsible or liable for any loss or damage arising from any User’s failure to comply with this provision.
6.3 For security purposes, when accessing the Services, it is a condition that we are satisfied of your identity. Accordingly, we may prevent access to the Services if we are in doubt as to your identity.
6.4 You accept that the security measures that HALO Technologies has implemented in respect of the Services may not be adequate to protect against unauthorised dealings connected with the Services, be those dealings, interception, intellectual property infringement, activities aimed at corrupting information, equipment or software, or otherwise.
6.5 We may change the minimum specification required to access the Services and may also make operational changes to and alter the Content currently available. We will notify you of any such changes either by placing a message on the login area of the Application, or by emailing you.
7.1 HALO Technologies does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Services will always be accessible.
7.2 HALO Technologies may make improvements and/or changes to the features or functionality of the Services where necessary at any time.
8.1 You warrant that if you are an individual or more than one individual, you are of full age and capacity and in the case of a corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement.
8.2 You represent and warrant to us that execution and delivery by you of this Agreement, and performance of all of your obligations under this Agreement, does not breach any law applicable to you.
8.3 You confirm that you have regular access to the Internet and consent to us providing you with information or notifications via the Application. We may also contact you (in the circumstances described in this Agreement) by email or by text message, push notification or any other similar application or method using the contact information you have provided us. You must ensure your contact details, as held by us, are up to date at all times.
8.4 We are not responsible for your failure, for any reason whatsoever, to receive or read any communication sent to you by email, text message, push notification or any other similar application or method.
9.1 You acknowledge that in some cases the Content is prepared by third parties, including the ASX or our Related Entities. There may be some delay in the Content being made available to you, and as such it may not take into account all market or economic developments as at the time of publishing. Whilst we have taken reasonable steps to ensure the availability of only accurate, current, correct and complete Content on the Application or the Website, the Content is provided on an "as available" basis and as far as permitted by law we do not give or make any warranty or representation of any kind, whether express or implied.
9.2 The use of the Services is at your sole risk, and HALO Technologies:
(a) disclaims any responsibility for your compliance or the compliance of any other person with any applicable law, regulation or code, (including but not limited to superannuation or taxation legislation);
(b) will not be liable for any penalty, loss or claim arising in connection with any failure to comply with any such law, regulation or code; and
(c) is not responsible for your decisions about whether any investments may be appropriate for your particular circumstances.
9.3 We make no representations or warranties regarding the availability, accuracy, functionality or performance of any Third Party Payment Processing Accounts, third party websites, software, systems or other items or equipment that may be accessed or used in connection with the Services.
9.4 We further make no representation or warranty that your use of the Services will enable you to achieve any level of profit or return on investments that you may choose to make.
9.5 HALO Technologies 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 the Services, including but not limited to technical inaccuracies and typographical errors;
(b) any delays, failures, errors or omissions or loss of transmitted information;
(c) any viruses or other contaminating or destructive properties that may be transmitted via the Services;
(d) any third party data sources including (without limitation) third party websites or their content, directly or indirectly accessed through links in the Application or the Website, including but not limited to any errors in or omissions which are accessed through the third party websites;
(e) the unavailability of parts of or all of the Services;
(f) your use of the Services;
(g) your use of any equipment or software in connection with the Services; or
(h) any delays, failures or errors affecting the equipment, systems or networks of third parties who provide services to HALO Technologies.
9.6 To the fullest extent permitted by law we, our representatives, agents and related entities hereby exclude all statutory guarantees, conditions, warranties and other terms which otherwise might be implied by statute, common law, or equity.
9.7 HALO Technologies will not be liable for any direct, indirect or consequential loss or damage incurred by you or by any other person in connection with the Services, or in connection with the use, inability to use, or results of the use of the Services or any related material, including, without limitation any liability for:
(a) loss of investment funds, income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; or
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.8 Nothing in this clause 9 affects our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited by law.
10.1 You agree to indemnify, defend and hold harmless HALO Technologies, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of this Agreement by you.
10.2 You will also indemnify HALO Technologies against any claims that information or material which you have submitted to HALO Technologies 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).
10.3 HALO Technologies reserves 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 us in any such defences.
11.1 The provisions of clauses 9 (Disclaimer and Limitation of Liability), and 10 (Indemnification) are for the benefit of HALO Technologies and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Software, Content or Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12.1 HALO Technologies reserves the right to investigate complaints or reported violations of the Agreement 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.
13.1 HALO Technologies reserves the right to seek all remedies available at law and in equity for breaches of the Agreement, including but not limited to the right to block access from a particular Internet address to either or both of the Software or the Website.
14.2 We will only disclose Personal Information:
(b) to the extent specifically required by law; or
(c) for the purposes of the Agreement (including disclosing information in connection with any query or claim).
14.3 You consent to us disclosing your Personal Information to third party Content providers, including the ASX, where such disclosure is necessary in order for us to comply with any legal obligations that we may have.
14.4 As Personal Information, material and/or data may be provided through the Internet, you acknowledge and agree that we cannot assure that such information, material and/or data will continue to be confidential.
14.5 By using the Services, you agree we may collect, use and disclose de-identified information about your use of them for any purpose including (without limitation) the preparation of statistics.
16.1 This Agreement is effective until terminated by either the User or by HALO Technologies.
16.2 The User acknowledges that any Mobile Subscription will continue after the expiry of the Initial Term unless the User provides notice in accordance with clause 16.3.
16.3 HALO Technologies or the User may terminate the Mobile Subscription at any time with seven (7) days’ notice. Either party may do so without any reason. Where the User terminates the Agreement, no portion of any Subscription Fee already processed will be refunded.
16.4 HALO Technologies may also revoke or terminate, with seven (7) days’ notice, any period of free access to the Services previously granted to a Free User.
16.5 In the event of termination all restrictions imposed on the User and all HALO Technologies disclaimers and limitations of liability set out in the Agreement will survive.
16.6 Termination pursuant to this clause 16 shall not affect any legal right that may have accrued to HALO Technologies against you up to the date of termination.
16.7 HALO Technologies may restrict, suspend or terminate your access to the Services if we believe that you have breached the Agreement at any time.
16.8 Any such restriction, suspension or termination will be without prejudice to any rights which HALO Technologies may have against you in respect of your breach of the Agreement.
17.1 If you have any complaint, claim or dispute about anything arising under this Agreement, you must direct that matter to HALO Technologies and not to any third party Content provider, including the ASX.
17.2 Our complaints procedure is set out in our Financial Services Guide, available at www.halotechnologies.com.au.
18.1 This agreement will be governed by 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 the Commonwealth of Australia.
18.2 HALO Technologies may from time to time publish promotional offers on the Website or Application, and any such offers may be subject to further terms and conditions. If a promotional offer is not capable of being conducted as anticipated for any reason, we reserve the right, in our sole discretion, to modify, suspend or terminate the promotional offer in any manner reasonably necessary.
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HALO Technologies Pty Limited ACN 623 830 866 is a Corporate Authorised Representative CAR: 001261916 of Macrovue Pty Limited ACN:600 022 679 AFSL 484264. MacroVue Pty Limited is a wholly owned subsidiary of HALO Technologies Pty Ltd.