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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