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Terms and Conditions

Kalkine Pty Limited ABN 34 154 808 312 (Kalkine, we, us and our) owns and operates this website (Website) and our related mobile or software application (App). Kalkine holds an Australian Financial Services Licence (No. 425376).

Access to and use of this Website, our App and the products and services available through our Website and App (collectively Services) is subject to the following terms and conditions (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

Kalkine reserves the right to amend these Terms of Use from time to time. If we do, the new Terms of Use will be posted on our Website/App or sent via email to Kalkine account holders, to notify you of the change. We will provide you with reasonable notice of any changes, unless we reasonably believe that the change is not to your disadvantage. Your continued use of the Website or App after the amendments take effect will represent an agreement by you to be bound by the terms and conditions, as amended.

Website

Access to this Website and App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website or App.

Linked sites

Our Website or App may contain links to other websites (Linked Sites), which are not operated by Kalkine. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, is available at [https://kalkine.com.au/cms/privacy-policy]. Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

Prohibitions

You must not misuse our Website or App. You must not:

Breaching this provision may constitute a criminal offence and Kalkine may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data or other proprietary material due to your use of our Website or App or due to your downloading of any material posted on them, or on any Linked Sites.

Subscriptions

Webinar

Parts of the Website and App contains webinar presented by guest speakers. Access and use of a Kalkine Webinar (“Webinar”) is subject to compliance by you of the terms and conditions set forth herein. Opinions and other statements expressed by guest speakers are theirs alone and are not opinions of Kalkine. The information contained in the Webinar is general information only and should not be relied on as advice/recommendation or basis for making any specific investment, business, financial or commercial decision. Content presented by guest Speaker is the sole responsibility of the guest speaker and the content’s accuracy and completeness is not endorsed by Kalkine or guaranteed.

Guest speakers are solely responsible for ensuring that material submitted by them for inclusion in the Webinar is in compliance with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, any information which is defamatory, obscene, threatening or untrue. The Webinar is being provided on "as is" basis and Kalkine shall not be responsible for any such material or any error or inaccuracy contained in such material.

Intellectual property, software and content

The intellectual property rights in all software and content made available to you on or through our Website and App remain the property of Kalkine or its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Kalkine operates. All such rights are reserved by Kalkine and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website or App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine.

Information

The information Kalkine provides via the Services is general information only and it does not take into account your investment objectives, financial situation or needs. The information available on the Services has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. All information represents our views as at the date of publication and may change without notice.

Please note that Kalkine is not in the business of providing personal advice. The information provided via the Services is general information only and, in providing the information, Kalkine is not assuming a duty of care to you. You should therefore consider whether the information is appropriate to your investment objectives, financial situation and needs before acting upon it. You should seek advice from a financial advisor, stockbroker or other professional (including taxation and legal advice) as necessary before acting on any information provided via the Services. Not all investments are appropriate for all people.

There may be a product disclosure statement or offer document for the securities and financial products we write about in Kalkine reports. You should obtain a copy of the product disclosure statement or offer document from the product issuer before making any decision about whether to acquire a product or security.

Please note that past performance is neither an indicator nor a guarantee of future performance.

Financial Services Guide

Our Financial Services Guide (FSG) contains important information about the Services provided by Kalkine. You must read our FSG and consider it in light of your own circumstances before acting on any advice. Click here to read our FSG.

Disclaimer of liability

Subject to any non-excludable consumer guarantees set out in the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001, Kalkine makes no warranty, guarantee or representation about:

Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services resupplied.

To the fullest extent permitted by law, Kalkine, its directors, officers, employees, consultants, agents and affiliates are not liable for any loss or damage whatsoever, including but without limitation for any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, which you may directly or indirectly suffer in connection with or arising out of or related to:

irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Kalkine’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Kalkine, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:

Variation

We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Website or App.

Breach

If you breach these Terms of Use, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete or deactivate your account.

Assignment

These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party.

Waiver

Enforceability

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remaining provisions.

Governing law

Last Updated: 29/08/2024