Terms & Conditions

General

This page outlines the Terms and Conditions of access to, and use of, Kinetic Securities Pty Ltd (ABN 83 120 225 149, AFSL 309743) (“Kinetic Securities”) Website (“the Website”). The Website is owned and operated by Kinetic Securities subject to agreements with third parties.

The Website is available for you to access and use conditional on your acceptance without alteration of, and your compliance with, the Terms and Conditions on this page (“the Terms and Conditions”).

Your access to, or use of, the Website constitutes your agreement to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must stop using the Website immediately.

Ownership of Intellectual Property

All intellectual property rights (including but not limited to copyright in the Website and trademarks displayed on or included in the Website) are owned or licensed by Kinetic Securities. Information by a third party may be the subject of a grant of license or assignment of copyright from the third party to Kinetic Securities, or may be copyright owned by the third party. No license or right of use of any trademark displayed on or included in the Website is to be interpreted as being granted. The Website includes trademarks of Kinetic Securities or its licensor, and some of these trade marks may be the subject of applications for registration by Kinetic Securities.

Prohibitions on Use

Except for the limited use set out under the next heading “Permitted Use”, you must not use the Website, or the information provided on it, for any purpose.

You are specifically prohibited from:

  • Reproducing, printing, publishing, displaying or distributing the information provided on the Website, or creating any works from any of that information;
  • Uploading or reposting the information provided on the Website to any other website;
  • “Framing” the information provided on the Website with other information provided on any other website;
  • On selling the information provided on the Website without the express prior written consent of Kinetic Securities; and
  • Copying or modifying the layout of the Website, or any computer software and code contained in the Website.

Permitted Use

Notwithstanding the prohibitions set out under the previous heading “Prohibitions on Use”, you may only:

  • Access and use the Website and the information on the Website for lawful purposes; and
  • Using an industry standard web browser, view and download information provided on the Website for your personal use if, and only if, you keep all the information intact and in the same form as presented on the Website (including but not limited to retention of all copyright, trade mark and other proprietary notices contained on or in relation to that information).

Subscription and Registration

You can access the information services provided on the Website without being a subscriber, but if you want to receive newsletters or any other publication that Kinetic Securities may send out from time to time, you must become a client.

If you become a client of Kinetic Securities , you may be able to use various on-line services by registering for access. For details of registration and available facilities, contact your Kinetic Securities advisor on +61 2 8667 3100.

Contact us in writing if you want to be removed from any subscription or registration databases, or if you want to amend or update your details. Kinetic Securities may terminate your subscription or registration without notice to you at any time for any reason without giving you any explanation or justification.

Information Provided

All information provided on the Website is:

  • Provided without Kinetic Securities members including its directors, officers, employees or agents assuming a duty of care to you;
  • Provided only in accordance with the Terms and Conditions;
  • Based on sources which Kinetic Securities believes to be current and accurate as at the date of publication. However, Kinetic Securities has the right, although it is not obliged, to update this information at any time; and
  • In the nature of information and not advice.

The site may contain, or may be linked to, investment reports, options, estimates, recommendations and other information (Information). However, such information comprises general securities advice only and has not been prepared taking into account the particular investment objectives, financial situation and needs of any particular person. You should carefully assess whether such information is appropriate in light of your individual circumstances before acting on it. Kinetic Securities strongly recommends that you seek independent advice from a qualified professional before acting on any of the information contained on this Site or any other website on the Internet.

Past performance of any product described or referred to on the Website or any website referred to on, or linked to, the Website or accessed through any of those websites (“external website”) is not an indicator of future performance. You should seek professional advice before you decide to invest or consider any action based on information provided on the Website or an external website.

Disclosure of Interests

Click here for details of Kinetic Securities’ interests in securities with which it is involved and services and transactions relating to those securities, as applicable.

Financial Services Guides

If you are considering using any service offered by Kinetic Securities, you must view the relevant Financial Services Guide which forms part of the Terms and Conditions. Click here for Financial Services Guides.

Your access to, or use of, the Website constitutes your acknowledgement of receipt of the relevant Financial Services Guide.

Disclaimers and Limitations of Liability

You should read these Disclaimers and Limitations of Liability carefully and seek independent legal advice if you need help. Your access to, and use of, the Website and any external website is at your sole risk.

1. None of Kinetic Securities members including its directors, officers, employees or agents gives any warranty, guarantee or representation about:

The reliability, accuracy, timeliness, completeness or otherwise, of any information provided on or accessed through the Website or any external website; or
The merchantability or fitness for any particular purpose for any service or product contained or referred to on or accessed through the Website or any external website.
2. You should make your own inquiries and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website or any external website.

To the extent permitted by law, none of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for any loss or damage, caused directly or indirectly (including through negligence), which you may directly or indirectly suffer in connection with or arising from:
Your access to, or use of, the Website or any external website; or
Your access to, use of, or reliance on, information provided on or accessed through the Website or any external website.
This includes but is not limited to direct or indirect consequences of you:
Acting, or failing to act, on any information contained or referred to on the Website or any external website; or
Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any external website
3. None of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for any loss or damage, caused directly or indirectly (including through negligence), in connection with or arising from your reliance on any information provided on or accessed through the Website or any external website. Neither Kinetic Securities’ members including its directors, officers, employees or agents, undertakes to keep the Website updated.
It remains your responsibility to make your own inquiries about the information (including but not limited to inquiries about the accuracy, completeness and usefulness of the information) and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website or any external website.

4. None of Kinetic Securities members including its directors, officers, employees or agents gives any warranty, guarantee or representation about the security of any information you transmit to Kinetic Securities. However, Kinetic Securities will take reasonable steps to preserve the security of information you transmit to it.

5. None of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for any interference or damage to your computer system which arises in connection with your access to or use of the Website or any external website. None of Kinetic Securities members including its directors, officers, employees or agents gives any warranty, guarantee or representation that:

The Website or any external website, or the server or servers that make those sites available, are free of software viruses;
The functions contained in any software contained on the Website or any external website will operate uninterrupted or are error free; or
Errors and defects in the Website or any external website will be corrected.
You must take your own precautions to ensure that the process you use to access the Website or any external website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system.

6. Where the information provided on the Website or any external website contains opinions, judgements or advice of third parties:

Any of those opinions, judgements or advice given by third parties remain the responsibility of the relevant third parties, and none of Kinetic Securities members including its directors, officers, employees or agents gives any warranty, guarantee or representation about the accuracy, reliability, completeness or usefulness of that content or its fitness for any particular purposes;
none of Kinetic Securities members including its directors, officers, employees or agents endorses or approves the accuracy, reliability, completeness or usefulness or overall content of any of those opinions, judgements or advice; and
None of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for any defamatory, offensive or illegal conduct of any third party.
7. None of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for the following things, however caused:

Errors or omissions in the Website or any external website; and
Defamatory, offensive or illegal conduct of any user of the Website or any external website.
8. All conditions or warranties which could be implied into the Terms and Conditions are excluded to the extent permitted by law. Where an implied condition or warranty can’t be excluded, the liability of Kinetic Securities members including its directors, officers, employees or agents will be limited:

for a breach relating to services supplied or offered, the limitation will be to the re-supply of the services or the payment of the cost of having the services re-supplied; and
For a breach relating to goods supplied or offered, the limitation will be to the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of having the goods replaced or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
However where these limitations are prohibited the limitations will be to the maximum extent permitted by legislation.
None of the disclaimers or limitations of liability appearing above attempt to exclude liability arising under legislation if, and to the extent, that liability cannot be lawfully excluded.

Indemnity

You indemnify, and will keep indemnified, each of Kinetic Securities members including its directors, officers, employees or agents and must pay each of them on demand, the amount of all losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees), caused directly or indirectly, in connection with or arising from:

Failure by you to comply with the Terms and Conditions;
Reliance by you on any information provided on or through accessing the Website or any external website;
Your access to, or use of, the Website or any external website; or
Access to, use of, or reliance on, any information provided on or through accessing the Website or any external website by any person accessing that information through the Website or any external website.
External Websites

For your convenience, the Website contains references or links to other websites which may in turn refer or link to other references or links. None of Kinetic Securities members including its directors, officers, employees or agents:

  • Gives any warranty, guarantee or representation about the reliability, accuracy, timeliness, completeness or otherwise, of any information contained on any external website;
  • Is responsible for any opinions, representations, warranties, guarantees, offers, invitations, information or practices of any external website; and
  • Controls, endorses, approves or recommends anything contained on or relating to information, products or services referred to or contained on any external website unless and to the extent expressly stated otherwise by Kinetic Securities..

Privacy Policy

You must read the Kinetic Securities Privacy Policy which forms part of the Terms and Conditions. Click here for the Kinetic Securities Privacy Policy.

Fraud

Kinetic Securities are committed to providing the highest quality of services to its clients in a trusted environment.
Internet fraud is a major concern for financial services providers worldwide. Most Internet and email scams usually involve an email claiming to be from your financial service provider. It usually asks you to send your account details such as your password or PIN, either by return email or through a website link. The fraudsters may use various tricks to lower your guard such as security and maintenance upgrade, investigation of irregularities or bills or charges due. Here are some safety checks you may find helpful:

Suspect a scam if you are asked for your account details via email;
Never access the Website from links in emails or Internet links;
Keep your computer secure by updating your virus protection on a regular basis and delete suspicious emails without opening them;
Only go to the Website by typing in the Website address in the address bar of your web browser or by using your ‘favourites’;
Take privacy precautions and keep your logon details and password secret;
Avoid personal transactions at public places like Internet cafes, community centres and libraries; and
Regularly check the services provided to you by Kinetic Securities for unauthorised transactions.

Kinetic Securities will never request personal information such as login ID or bank details via emails. Contact Kinetic Securities immediately if you receive any emails or web links from Kinetic Securities that requests any personal information that relates to the services that any of them provide to you.

You can obtain more information on fraud from FIDO, the consumer section of the Australian Securities and Investments Commission website.

Termination

Kinetic Securities may terminate access to the Website without notice to you at any time for any reason without giving you any explanation or justification.
None of Kinetic Securities members including its directors, officers, employees or agents accepts any responsibility for any loss or damage caused directly or indirectly in connection with or arising from terminating access to the Website.
The operation of all disclaimers, limitations of liability and indemnities contained in the Terms and Conditions will survive termination of access and use.
Waiver of Rights

If Kinetic Securities waives any of its rights under the Terms and Conditions, it may decide not to waive that right or those rights in the future.

Access on Mobile Phones

You may access, view and download some of the content from the Website on your mobile phone. Kinetic Securities offers content on the website without charge but you should consult your telecommunications service provider to see what carrier charges you may incur.

Changing Terms and Conditions

Kinetic Securities may change the Terms and Conditions without notice to you at any time for any reason without giving you any explanation or justification.

Governing Law

The Terms and Conditions are governed by and interpreted in accordance with the law in force in New South Wales. You submit to the exclusive jurisdiction of the courts of New South Wales.

Your Acceptance of Terms and Conditions

By continuing to use the Website, you acknowledge that you have read and understood all the Terms and Conditions and agree to be bound by them. If this is not the case, you must stop using the Website immediately.

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