Acknowledgement and acceptance of General Conditions
www.monitormysuper.com.au (the "Site") is owned and operated by
Monitor My Super Pty Ltd,
("MMS") and may contain material from MMS and other related companies
(collectively, “MONITOR MY SUPER PTY LTD”). Your access to, use of, linking to
the Site, use of software or downloading software on the Site and usage on the
Site (collectively, your “Access”) is conditional upon your acceptance and
compliance with the terms, conditions, notices and disclaimers contained on this
page and elsewhere on the Site ("General Conditions"). Your Access to the Site
constitutes your agreement to be bound by the General Conditions.
MONITOR MY SUPER PTY LTD reserves the right to amend the General Conditions at
any time and you should periodically refer to them on this page and elsewhere on
the Site.
Ownership of content on
the site
The materials displayed on
the Site, including without limitation all information, text, materials,
graphics, software, tools, results derived from the use of software and tools,
advertisements, names, logos and trade marks on the Site ("Content") are
protected by copyright, trade mark and other intellectual property laws unless
expressly indicated otherwise on the Site.
You must not modify, copy,
reproduce, republish, frame, download onto a computer, upload to a third party,
post, transmit or distribute this Content in any way except as expressly
provided for in these General Conditions or with the express prior written
consent of MONITOR MY SUPER PTY LTD.
You must not use any spider,
screen scraper, robot, or other automated similar software or device
("Prohibited Device") to use or access the Site in any way whatsoever, nor can
you use any Prohibited Device (or any similar process) to copy, download or
monitor the Content, without MONITOR MY SUPER PTY LTD’s prior written
approval. Search engines may access and index content on the Site provided that
they obey the Robots Exclusion Standard and exclude documents with METATAG
markings designed to preclude access including indexing, archiving or caching.
Specific technical queries about search engine use should be emailed to
support@monitormysuper.com.au
Access to the Site
You may view the Site using
your web browser and save an electronic copy, or print out a copy, of parts of
this web site solely for your own personal use, information, research or study,
but only if you keep all Content intact and in the same form as presented on the
Site (including without limitation all copyright, trade mark and other
proprietary notices and all advertisements).
You must not use the Site
or the Content in any manner or for any purpose which is unlawful or in any
manner which violates any right of MONITOR MY SUPER PTY LTD or which is
prohibited by the General Conditions.
Under no circumstances may
the Content be used to establish, maintain or provide, or assist in
establishing, maintaining or providing a stock market for trading in securities.
You must not use the
Content for commercial purposes without first obtaining the express written
authority of MONITOR MY SUPER PTY LTD. Use of the Content for a commercial
purpose is any use other than accessing and using the content for your own
personal and private decision making.
Disclaimer and
limitation of liability
The Content on the Site is
derived from sources believed to be accurate and current. However, neither
MONITOR MY SUPER PTY LTD nor MONITOR MY SUPER PTY LTD directors, officers,
agents, employees or contractors (“MONITOR MY SUPER PTY LTD Personnel”):
(a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
(b) warrant that any of the functions contained in any Content or that your
Access will be uninterrupted or error-free.
Neither MMS nor MMS Personnel
shall be liable in any way for any loss or damage, howsoever arising (whether in
negligence or otherwise) out of or in connection with your Access, the Content
and/or any omissions from the Content, except where liability is made
non-excludable by legislation.
In the case of goods or services
supplied or offered by MMS or MMS Personnel, liability for breach of any implied
warranty or condition which cannot be excluded is limited at MONITOR MY SUPER
PTY LTD’s option to either:
(a) the supply of the goods (or
equivalent goods) or services again; or
(b) the payment of the cost of having the goods (or equivalent goods) or
services supplied again.
Indemnity
You must indemnify and hold
harmless MMS and MMS Personnel and keep them indemnified, against all loss,
actions, proceedings, costs, expenses (including legal fees), claims and damages
arising from:
(a) any breach by you of the
General Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing any Content
through your web site.
Not investment advice
The Content on the Site provides
general information only. It is not intended as investment advice and must not
be relied upon as such. You should obtain professional investment advice
tailored to your specific circumstances prior to making any investment
decisions.
Some Content on the Site provides
general information about certain financial products.The Site does not provide,
and must not be construed as providing, recommendations in relation to any
financial products. Prior to any action or investment you should seek
independent professional advice.
Content on the Site should not be
considered in any way as an indication of the merits of the entity or any
products. It does not in any way imply that an entity’s product list or an
application for any products listed with MMS is better or worst in long term
performance and should not be considered in any way as an indication of the
merits of the entity or the product.
Market Information Delay
Price information provided on the
Site is subject to the reporting data release of the fund manager and MMS has no
control over the release period of the fund manager.
Advertising and links to other web sites
The Site contains links to third
party sites (“Linked Sites”). Linked Sites are not under the control of MMS, and
MMS is not responsible for the content of any Linked Site or any hyperlink
contained in a Linked Site (“Subsequent Link”). MMS provides these hyperlinks to
you as convenience only, and the inclusion of any link does not imply any
endorsement of the Linked Site by MMS or MMS Personnel. You link to any Linked
Site or Subsequent Site entirely at your own risk.
The Site also contains third party
advertisements including banner ads, third party logos and information, material
and documents relating to or provided by third parties ("Third Party Material").
The Third Party Material may contain embedded hyperlinks to web sites operated
by third parties or their licensees or contractors (“Third Party Websites”).
Neither MMS nor MMS Personnel recommends or endorses the products or services of
those third parties. In some instances, the Third Party Material will contain
representations or offers by the third party which you can accept by linking to
the third party’s website and executing the relevant transaction. Such offers
are not made by MMS or MMS Personnel, and the third party is solely responsible
to you for the delivery of any goods or services you purchase on the third party
website.
Neither MMS nor MMS Personnel give
any representation or warranty as to the reliability, accuracy or completeness
of any Third Party Material on the Site, Third Party Websites, Linked Sites, or
Subsequent Sites, nor do they accept any responsibility arising in any way
(including negligence) for errors in, or omissions from such Third Party
Material, Third Party Websites, Linked Sites or Subsequent Sites.
From time to time, you may notice
unusual links appearing on key financial terms on the Site. These links are
usually highlighted in text of a different colour and when followed also direct
the user to other sites. As with other third party websites, the content of
those sites is not endorsed or approved by MMS in
any way and are outside our control. These contextual advertising links appear
because you may have downloaded certain software programs that are designed
to create hyperlinks from key words on any websites that users visit.
Trade Marks
The trade marks, unless indicated
otherwise, are trade marks of the appropriate owner or MMS. Where a mark is
indicated as a registered mark it is registered in Australia and may also be
registered in other countries. Nothing contained on the Site should be construed
as being any licence or right of use of any trade mark displayed on the Site.
Not Financial Planners or Advisers
Although MMS can refer to you or arrange for a Financial
Adviser for you to contact or contact you directly, this does not institute any
relationship implied or otherwise between MMS and the Financial Adviser/Planner.
At no stage should you reply to the referral provided by MMS and you
should, prior to obtaining professional investment advice, ensure that the
professional is suitably qualified to tailored the advice to your specific
circumstances. By accepting the referral from MMS you immediately warrant MMS
from any action caused from any loss, damages or other matter(s)
in the dealings with the referral.
