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This web site is operated by MIR Investment Management Pty. Ltd. ABN 47 104 642 613 ("MIR", "we", "us" or "our"). Your access to and use of this web site, including the use of the information services offered on this web site, is subject to these terms and conditions. In accessing and using this web site and the information services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with the MIR Privacy Policy and Disclosure Statement and are in addition to, and do not nullify or supersede any other agreement that you have signed with us to govern our relationship.

On-line Account Information

You may access certain electronic information services on this web site, including on-line account status, securities quotations, MIR research commentaries, news stories and other information ("On-line Account Information") if you are a client of MIR with an assigned password to access the On-line Account Information.

If you are a client of MIR and do not have an assigned password to access the On-line Account Information, please contact your MIR representative or call (02) 8248 5500 to arrange to have your assigned password mailed to you.

You agree to be responsible for the confidentiality of your assigned password. You may only disclose your assigned password to persons who are authorised to act on your behalf and not to any other person. MIR is entitled to regard any person who uses your assigned password as having the full authority to act on your behalf in accessing and using your On-line Account Information and you agree to be liable for the acts of any person using your password to access your On-line Account Information.

You must notify MIR immediately if you believe the confidentiality of your assigned password has been compromised in any way or if you learn of the possible or actual unauthorised use of the your On-line Account Information. MIR will not be liable for any loss that you may incur as a result of someone else using your assigned password to access your On-line Account Information, either with or without your knowledge.

We reserve the right to revoke your assigned password and terminate your access to your On-line Account Information at any time and for any reason without prior notice.

Information Service

All information, including your On-line Account Information ("information") is provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information only and is not in the nature of advice. You agree to use all information provided by us on this web site for lawful purposes only. We derive our information from sources which we believe to be accurate and up-to-date as at the date of publication. We nevertheless reserve the right to update or correct this information at any time. In addition, we do not make any representation or warranty that the information we provide is reliable, accurate, or complete or suitable for your purposes or that your access to that information will be uninterrupted, timely or secure.

Unless MIR otherwise notifies you in writing, any information provided through your On-line Account Information will not supersede or replace trade confirmations or monthly or quarterly statements reflecting balances, securities positions and transactions required to be provided by MIR to you.

You acknowledge that any quotations or prices provided as part of your On-line Account Information may be delayed and may not reflect the prices at which the applicable securities may be bought or sold. You will not make decisions to buy or sell securities based on such quotations or prices.

Nothing appearing on this web site should be acted upon as investment advice. The nature of this service is such that it cannot take into account the particular investment objectives, financial situation or needs of any particular investor. Anyone using theis web site should assess the information in the light of their own needs and where appropriate obtain investment advice before relying on the information or making any investment decision.

Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from your use of this web site or any linked web site or your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Indemnity

You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your assigned password or ID, whether or not you have authorised that person to use your assigned password or ID) to comply with these terms and conditions.

Specific Warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is either owned or licensed to us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location and, except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site or from any information obtained from this web site; or
  • commercialise any information, products or services obtained from any part of this web site;
  • without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade Marks

This web site includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to the MIR logo.

You must not use any of our trade marks or the names "MIR", "MIR Investment", "MIR Investment Management" and "MIR Investment Management Pty. Ltd."

  • in or as the whole or part of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this web site).

You must not authorise or assist any person to do any of the acts specified above.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use and for no other purpose. You are authorised to print a copy of any information contained on this web site for your personal use, provided that you agree not to remove any copyright or other notices contained therein. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy Policy

We undertake to comply with the terms of our privacy policy which can also be accessed via the link entitled "Privacy Policy" on this web site.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. However, we do not accept any liability for any interception of information which we transmit to you.

Termination of Access

Access to this web site may be terminated or access to your On-line Account Information may be discontinued, in whole or in part at any time by us without prior notice to you. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

MIR may from time to time at its absolute discretion vary these terms and conditions. Amendments will be effective immediately upon notification on this web site and acceptance by you. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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