Terms and Conditions

About these terms

These Terms and Conditions (Terms) form a binding contract between you and Financial Trends Australia Pty Ltd (ABN 65 091 191 472), trading as Financial Trends Australia (we, us, our).

They cover both your use of our website at https://financialtrendsaustralia.com.au and your subscription to the Financial Trends Australia research platform. Some clauses apply only if you are a paying subscriber; those are flagged where relevant.

Definitions

Eligibility and acceptance

By accessing the Site or subscribing to the Platform, you confirm that:

• you are at least 18 years old;
• you have legal capacity to enter into this contract;
• you are not subject to any sanctions or restriction that would prohibit you from receiving the service; and
• you accept these Terms.

If you do not accept these Terms, do not use the Site or subscribe.

Your account

To access the Platform you must create an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.

Accounts are personal to you. You must not share your login, transfer your account, or allow any other person to access the Platform using your credentials. Each Subscription entitles one named user to access the Platform.

Notify us immediately at info@financialtrendsaustralia.com.au if you suspect your account has been accessed without authorisation.

Subscriptions and billing

Plans

Subscriptions are available on the following terms:

Payment

Subscription fees are payable in advance for the full term of the plan and are charged in Australian dollars. Payments are processed by our third-party payment provider, Stripe Payments Australia Pty Ltd. By providing payment details, you authorise us (and Stripe) to charge the fees due.

Taxes

Fees are stated inclusive of GST where applicable. You are responsible for any other taxes, duties or charges imposed by your jurisdiction.

Late or failed payment

If a payment fails or is reversed, we may suspend your access to the Platform until the amount is paid in full. We may also charge any reasonable costs we incur in recovering an unpaid amount.

Cancellation and renewal

Subscriptions run for the fixed term you select and do not auto-renew. Access to the Platform ends on the expiry date of your term unless you renew.

You may cancel your Subscription at any time by contacting us at info@financialtrendsaustralia.com.au. Cancellation stops any future renewal but does not, of itself, entitle you to a refund of fees already paid (see section 7).

Refunds

7-day cooling-off period

We offer a 7-day cooling-off period from the date your subscription is purchased. If you change your mind for any reason, email us at info@financialtrendsaustralia.com.au within 7 calendar days of purchase and we will refund your subscription fee in full. To avoid doubt, the 7-day period runs from the date of purchase, not the date you first access the platform.

After the cooling-off period

Subscription fees are non-refundable after the 7-day cooling-off period has expired. This reflects the digital, immediate-access nature of the service.

Australian Consumer Law

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other rights that cannot lawfully be excluded. If a consumer guarantee applies and we have failed to meet it, you may be entitled to a remedy under that law, in addition to (or independently of) the cooling-off right above.

To request a refund or raise a consumer-law concern, email info@financialtrendsaustralia.com.au setting out the reason. We will respond within a reasonable time.

Nature of the service

Financial Trends Australia operates a quantitative investment research platform. We publish scores, rankings, written research and analytical tools derived from publicly available financial data using the Alpha360 methodology.

We are not a stockbroker, fund manager, custodian or financial planner. We do not place trades on your behalf, hold client money, or hold custody of client assets.

General advice and disclaimer

Financial Trends Australia Pty Ltd is a Corporate Authorised Representative (CAR No. 001320926) of MF & Co. Asset Management Pty Ltd (AFSL No. 520442).

Past performance is not a reliable indicator of future performance. All investments carry risk, including the risk of loss of capital.

For full disclosure of our financial services, including remuneration and complaints processes, please read our Financial Services Guide.

Intellectual property

All Content on the Site and Platform, including the Alpha360 methodology, scoring algorithms, written research, charts, branding and software, is owned by us or our licensors and is protected by Australian and international copyright, trademark and other intellectual property laws.

The Alpha360 methodology and underlying intellectual property are licensed to us by Professor Stewart Jones.

Your licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content for your own personal, non-commercial investment research purposes during the term of your Subscription.

Restrictions

You must not:

• copy, reproduce, distribute, publish or republish any Content (in whole or in part) outside the Platform;
• scrape, data-mine, extract or systematically download Content using automated means;
• use the Content to train or fine-tune any machine-learning model or AI system;
• resell, sublicense, share or otherwise commercially exploit the Content or your access to the Platform;
• remove, obscure or alter any copyright, trademark or proprietary notices; or
• reverse-engineer, decompile or attempt to derive the source code, models or algorithms underlying the Platform.

Acceptable use

You must not use the Site or Platform to:

• breach any law or regulation;
• infringe the rights (including intellectual property and privacy rights) of any person;
• upload, post or transmit material that is unlawful, harmful, defamatory, harassing, fraudulent or misleading;
• introduce viruses, malware or any other harmful code;
• attempt to gain unauthorised access to any part of the Platform, accounts of other users, or our underlying systems; or
• interfere with or disrupt the operation of the Platform, including by overloading, flooding or denial-of-service attacks.

We may suspend or terminate your access immediately if we reasonably believe you have breached this section.

Third-party data and links

The Platform incorporates data from third-party sources, including market data providers and price feeds. While we take reasonable care in selecting and using these sources, we do not guarantee the accuracy, completeness or timeliness of any third-party data and accept no liability for errors or omissions in it.

The Site may contain links to external websites. We do not endorse and are not responsible for the content, accuracy or practices of any third-party site.

Availability and changes

We aim to keep the Platform available at all times but cannot guarantee uninterrupted access. From time to time we may need to suspend access for maintenance, upgrades, security or operational reasons.

We may add, modify, replace or discontinue features of the Site or Platform at any time. Where a change materially reduces the value of your Subscription, we will use reasonable efforts to notify you in advance.

Liability

To the maximum extent permitted by law:

• the Content and the Platform are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied;
• we do not warrant that the Content is accurate, complete, current or suitable for any particular purpose, or that the Platform will be error-free or uninterrupted;
• we are not liable for any indirect, consequential, special, incidental or punitive loss or damage, including loss of profits, loss of investment opportunity, loss of data, or loss of goodwill, however arising; and
• our total aggregate liability to you under or in connection with these Terms is limited to the total subscription fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the liability.

Consumer guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded. Where our liability for breach of a non-excludable consumer guarantee can be limited, our liability is limited (at our option) to the resupply of the services or payment of the cost of having the services resupplied.

Investment decisions

You acknowledge and agree that all investment decisions are made by you, at your own risk, and that we are not liable for any losses arising from decisions you make based on Content published on the Site or Platform.

Indemnity

You agree to indemnify and hold us (and our directors, officers, employees and agents) harmless from any loss, damage, cost or expense (including reasonable legal costs) we suffer arising out of or in connection with:

• your breach of these Terms;
• your misuse of the Site, Platform or Content;
• your breach of any law or third-party right; or
• any claim by a third party arising from your use of the Content.

This indemnity does not apply to the extent the loss was caused by our own negligence or wilful default.

Termination

We may suspend or terminate your access to the Site or Platform immediately if:

• you breach these Terms;
• your Subscription expires or is cancelled;
• we are required to do so by law or by a regulator; or
• continuing to provide the service to you would expose us to legal, financial or reputational risk.

On termination, your right to access the Platform ends immediately. Sections that by their nature should survive termination, including those relating to intellectual property, liability, indemnity and governing law, will continue in force.

Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

Changes to these terms

We may update these Terms from time to time. The current version will always be available at https://financialtrendsaustralia.com.au/terms-and-conditions.

Where a change is material, we will give you reasonable notice (for example, by email or through the Platform) before it takes effect. Your continued use of the Site or Platform after the change takes effect constitutes acceptance of the updated Terms.

General

Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions continue in full force and effect.

No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms (in whole or in part) at any time without your consent, including in connection with a sale, merger or corporate restructure.

Entire agreement

These Terms, together with our Financial Services Guide and Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site and Platform.

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