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Website Terms & Conditions

 

These terms and conditions apply to the use of this website at www.bondadviser.com.au (the “web application”). In using this web application you agree to be bound by these terms and conditions. If any of these terms and conditions are not acceptable to you, you must not access, use or make any purchases from this web application.

For the avoidance of doubt, these terms and conditions apply (without limitation) to the purchase of a subscription service from this web application and shall be read in full before making any such purchase. The subscription service offered at this web application is available to both Wholesale clients and Retail clients. However, Retail clients are only permitted access to the Reports relating to the Retail Securities. Your subscription service as a Retail client will be restricted and limited to access to those Reports relating to Retail Securities only.

If you are a Wholesale client you may access all of the Reports available at this web application. In doing so, you warrant and represent to us that you are a Wholesale client. If you are not a Wholesale client or do not accept these terms and conditions, you must not purchase or attempt to purchase a subscription service from this web application that gives you access to all of the Reports available in it.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web application, or relating to Reports or the Content made available at this web application.

  1. About our web application
    1. Our web application. This is an online web application that offers research and information relating to the Australian retail bond market. We offer:
      1. Reports to both Retail clients and Wholesale clients;
      2. a subscription service to Wholesale clients that gives access to all of the Reports on this web application; and
      3. a subscription service to Retail clients that gives access to Reports relating to Retail Securities only.
    2. Terminology. In these terms and conditions, the following expressions have the meanings below:
      1. ‘advice’ includes, but is not limited to, investment, financial, business, regulatory, tax, accounting and professional advice;
      2. ‘Commencement Date’ means the date you accept these terms and conditions by clicking the relevant box on this web application and pay the fee for the first year of the Term;
      3. ‘Content’ means all content which is visible, accessible or available at or on the web application including, but not limited to, text, data, information, graphs, charts, images, photographs and Reports;
      4. ‘Reports’ means the research and reports available for purchase from this web application relating to the retail bond market – this includes (but is not limited to) reports or information concerning bonds, bills, annuities, hybrids, notes, convertible notes and deposits;
      5. ‘Retail client’ means those persons defined as retail client in section 761G of the Corporations Act 2001;
      6. ‘Retail Securities’ means the securities that are offered under a disclosure document under Chapter 6D or Chapter 7 of the Corporations Act 2001;
      7. ‘Securities’ has the meaning given to it in sections 92 and 761A (as the case requires) of the Corporations Act 2001;
      8. ‘Term’ has the meaning set out in clause 2 below;
      9. ‘you’ means you the Retail client or Wholesale client or the company or other legal entity for which you are accepting these terms and conditions;
      10. ‘we’, ‘us’ and ‘our’ mean Bond Adviser Pty Limited (ACN 164 148 467);
      11. ‘Wholesale client’ means those persons defined as a wholesale client in Section 761G of the Corporations Act 2001.
    3. Amendments to terms and conditions. We reserve the right to amend these terms and conditions from time to time and we will alert you to any such changes. Amendments will be effective immediately upon them appearing on this web application. Your continued use of this web application following amendment will represent an agreement by you to be bound by the terms and conditions as amended.
    4. Subscriptions
      1. Wholesale clients: The subscriptions offered for purchase at this web application that allow access to all Reports available at this web application during the Term are only available for purchase by Wholesale clients. If purchasing a subscription of this nature you hereby represent and warrant that you are a Wholesale client and will remain a Wholesale client for the term and we are relying on that representation in granting you an unrestricted subscription. You hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense incurred or suffered by us arising directly or indirectly out of the representation and warranty in this clause being untrue, inaccurate or false in any respect whatsoever.
      2. Retail clients: The subscription offered for purchase by Retail clients at this web application only provide you with access to Reports relating to Retail Securities.
  2. Term of Subscription The Subscription (”subscription”) will commence on the Commencement Date and will continue for a period of twelve (12) calendar months (“Initial Period”). The subscription will automatically renew for subsequent periods of twelve (12) calendar months each (“Renewal Period”) unless you or we give the other notice that it does not wish to renew the subscription at least thirty (30) days prior to the end of the Initial Period or each subsequent Renewal Period.
  3. Ordering a Subscription
    1. Placing an order: You may offer to purchase a subscription for the price specified on our web application by placing an order. Your order must contain your name, email address, credit card details and any other ordering information required on this web application. Upon submitting an order you will receive an order confirmation that confirms our receipt of your order only. We will then accept or reject your order at our discretion. However, you may not cancel or vary an order once an order confirmation has been made.
    2. Acceptance of orders: Upon receipt of your order, we will at our discretion accept or reject your offer to purchase a subscription. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase a subscription for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We give no undertaking as to the availability of the Reports advertised on this web application.
    3. Prices: All prices listed on our web application are exclusive of goods and services tax (GST) and are in Australian dollars. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
    4. Payment: Valid and updated credit card details must be provided at the time of ordering a subscription. You authorise us to charge such credit card for the Initial Period and any Renewal Period for the amount of the relevant price listed on the web application. Such charges will be made in advance, either annually or in accordance with any other payment terms we may nominate from time to time. If your credit card details provided to us are incorrect or incomplete, or if the credit card transaction is unsuccessful for any reason, then we reserve the right to cancel your order and will notify you of the cancellation via the email address supplied by you at the time of order. Please see paragraph 9(d) below for our payment processing policy.
    5. Access details: Upon your acceptance of these terms and conditions by your clicking of the relevant box on this web application and our receipt of your payment for the Initial Period we will send to the email address provided all account details, identification numbers and passwords required to access the Reports in accordance with the subscription. We do not warrant or represent that these details will be dispatched or delivered within any specific timeframe. You acknowledge and agree that you:
      1. bear sole responsibility for protecting all account details, identification numbers and passwords;
      2. will not provide the account details, identification numbers and/or passwords to any third party;
      3. are responsible and liable for any unauthorised use of the account details, identification numbers and/or passwords
      4. you hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and for expense incurred or suffered by us arising directly or indirectly out of a breach of the above acknowledgements and agreements.
    6. Ability to contract: Our subscriptions are only offered to Wholesale clients and Retail clients who can make legally binding contracts. In placing an order, you warrant to us that you are able to make a legally binding contract. If you are ordering a subscription on behalf of a company or other legal entity you represent and warrant that you have the authority to bind such entity to these terms and conditions. You hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense that may be incurred or suffered by us arising directly or indirectly out of the representation and warranty in this clause being untrue, inaccurate or false in any respects whatsoever.
  4. Free trial.  The web application may offer, from time to time, a free trial of our Subscription. If you register for a free trial we will make the web application or part of the web application available to you for a limited time.
  5. License
    1. License to use:
      1. Upon your purchase of a subscription you are granted a non-exclusive, non-transferable, non-sublicensable limited license to access and use the web application during the Initial Period and any Renewal Period solely for your own purposes.
      2. You hereby unconditionally and irrevocably agree that you will not disclose the Reports to any person or permit or allow any person to access the Reports unless you have first obtained our express prior written consent to do so, which consent we may give or withhold in our sole discretion.
      3. If you are a Financial Planner or Financial Adviser (as those terms are defined in the Corporations Act 2001) and hold a current Australian Financial Services License you may provide a single copy of the Reports to your clients. In doing so, you must take all reasonably practicable steps to ensure that your clients do not sell, assign, transfer, publish, distribute, disclose, market, lease, incorporate into any database, sublicense or otherwise transfer any Reports or part of any Reports to any third party. You hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense incurred or suffered by us arising directly or indirectly out of such conduct by your client or your breach of this clause.
      4. You must not, in any circumstances, do any of the following unless you have first obtained our express prior written consent to do so, which consent we may give or withhold in our sole discretion:
        1. sell, assign, transfer, publish, distribute, disclose, market, lease, incorporate into any database, sublicense or otherwise transfer any part of the web application, the Content or the Reports in any form to any third party, or use them on behalf of or for the benefit of any third party;
        2. modify, duplicate or create any derivative works based upon the web application, the Content or the Reports;
        3. decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the web application, the Content or the Reports, including any source code, object code, algorithms, formulae, calculations, research information, methods or techniques used or embodied therein;
        4. remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the web application, the Content or the Reports;
        5. data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to the web application, the Content or the Reports;
        6. incorporate any portion of the web application, the Content or the Reports into any other materials; and/or
        7. use, or offer to use, the web application, the Content or the Reports in connection with any direct marketing activities.
    2.  Indemnity. You hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense incurred or suffered by us arising directly or indirectly out of a non-compliance or breach by you of 5 (1) above.
    3. Usage Restriction. The subscription is for the benefit of a single user only – that is, you. You must not, without our prior written consent (which may be given or withheld in our sole discretion):
      1. share or give any of your access details (account details, identification numbers and/or passwords) to any person;
      2. permit or allow the subscription to be shared or used by your employees or others within your organisation;
      3. permit direct or indirect access to or use of the subscription or the web application, the Content or the Reports in any way that circumvents the restrictions on the usage of the subscription.
      4. For the avoidance of doubt the subscription is a single user subscription only. In the event that you require a number of your employees or persons in your organisation to access the Reports then individual subscriptions will be required for each such employee or person.
      5. You hereby unconditionally and irrevocably indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense incurred or suffered by us arising directly or indirectly out of a non-compliance or breach by you of this clause 5(3).
    4. Audit. You hereby grant us the right to inspect and/or audit your books and records, computer systems, electronic files and any other material reasonably necessary to enable us to determine whether or not there has been a breach of the usage restrictions of the subscription. You agree to give us (or any person authorised by us) free and unfettered access to your premises and/or computer systems upon 14 days’ notice being given to carry out the audit. You agree to indemnify us on a full indemnity basis for any and all loss, damage, cost and/or expense incurred or suffered by us arising directly or indirectly out of a breach of the usage restrictions.
    5. Termination or suspension of subscription. We may, at our sole discretion, suspend or terminate your subscription with immediate effect and without notice if:
      1. you breach any of these terms and conditions;
      2. a credit card payment is not accepted when charged for payment of the subscription fee for any Renewal Period;
      3. we reasonably believe that you have used or disclosed the Content and/or the Reports in a manner contrary to these terms and conditions;
      4. we reasonably believe that you have shared or given any of your access details (account details, identification numbers and/or passwords) to any person without our prior written consent;
      5. you are not or we reasonably believe that you are not a Wholesale client;
      6. a force majeure event occurs that affects our ability to provide the Reports;
      7. you become insolvent.
      8. If we suspend or terminate your subscription for any of the above reasons you will not receive a refund of any money paid to us.
  6. Our responsibilities. During the Initial Period and any Renewal Period we shall use reasonable commercial efforts to make the web application, the Content and the Reports available to you 24 hours a day, 7 days a week, except for:
    1. any times in which maintenance or other work to the web application is being undertaken;
    2. any unavailability caused by circumstances beyond or out of our control.
  7. Disclaimers
    1. Use of this web application
      1. This web application, the Content and the Reports are not intended to provide financial product advice and must not be relied upon as such or be construed as financial product advice in any way whatsoever.
      2. The statements and/or recommendations on this web application, the Content and/or the Reports are our opinions only. We do not express any opinion on the future or expected value of any Security and do not explicitly or implicitly recommend or suggest an investment strategy of any kind.
      3. The Content and the Reports provided at this web application have been prepared based on available data to which we have access. Neither the accuracy of that data nor the methodology used to develop and/or produce the Content and the Reports can be guaranteed or warranted. Some of the research used to create the Content and the Reports is based on past performance. Past performance is not an indicator of future performance. We have taken all reasonable steps to ensure that any opinion or recommendation in the Content or the Reports is based on reasonable grounds. The data generated by the research in the Content or the Reports is based on methodology that has limitations; and some of the information in the Content or the Reports is based on information from third parties for which we bear no responsibility.
      4. We do not guarantee the currency of the Content or the Reports. If you would like to assess the currency, you should compare the Content and the Reports with more recent characteristics and performance of the assets mentioned within it. You acknowledge that investment can give rise to substantial risk and a product mentioned in the Content or the Reports may not be suitable to you.
      5. You should obtain independent advice specific to your particular circumstances, make your own enquiries and satisfy yourself before you make any investment decisions or use the Content or the Reports for any purpose.
      6. This web application and the Content and the Reports provide general information only. There has been no regard whatsoever to your own personal or business needs, your individual circumstances, your own financial position or investment objectives in preparing the information and Reports available at this web application.
      7. We do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Content and the Reports provided at this web application nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this web application, the Content or the Reports.
    2. Exclusion of warranties
      1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent to which, such liability cannot be lawfully excluded.
    3. No liability for loss or damage
      1. Except as otherwise stipulated in these terms and conditions, you agree that we will not be liable to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of information supplied at this web application or the Content or the Reports or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
  8. Specific warnings
    1. Your use of this web application
      1. You must ensure that your access to this web application is not illegal or prohibited by laws which apply to you.
      2. You must also take your own precautions to ensure that the process which you employ for accessing this web application does not expose your computer system to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing of this web application or any linked web application.
    2. Linked web applications
      1. On this web application, we may provide links to other web applications (‘linked web applications’). Links to linked web applications are provided for convenience only and may not remain current or be maintained.
      2. We are not responsible for the content, accuracy of information or privacy practices associated with linked web applications.
      3. Our links with linked web applications should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web applications, or of any information, graphics, materials, products or services referred to or contained on those linked web applications, unless and to the extent stipulated to the contrary.
    3. Advertisements
      1. Responsibility for the content of any advertisements appearing on this web application (including hyperlinks to advertisers’ own web applications) 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.
    4. Security of information
      1. We will process credit card payments using a secure payment gateway system – the provider of that gateway has agreed to comply with the Payment Card Industry (“PCI”) Data Security Standard (“DSS”) of Visa and MasterCard. Unfortunately, however, no data transmission over the Internet can be guaranteed as totally secure. You acknowledge that despite using a secure payment gateway, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web application. We do not warrant and cannot ensure the security of any information which you transmit to us, and do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
  9. Intellectual Property
    1. Copyright.
      1. Copyright in this web application (including text, graphics, logos, icons, sound recordings and software), the Content and in the Reports is owned or licensed by us. 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:
        1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web application, the Content or the Reports; or
        2. commercialise any information, the Content, the Reports or services obtained from any part of this web application;
        3. without our written permission, which may be given or refused in our sole discretion.
    2. Trade Marks
      1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark owned by us.
      2. If you use any of our trade marks in reference to our activities, the Content, the Reports or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
        1. in or as the whole or part of your own trade marks;
        2. in connection with activities, products or services which are not ours;
        3. in a manner which may be confusing, misleading or deceptive;
        4. in a manner that disparages us or our information, the Content, the Reports or services (including this web application).
    3. Restricted Use
      1. Unless we agree otherwise in writing, you are provided with access to this web application and the Reports only for your personal use. Subject to these terms and conditions you are authorised to print a copy of any information contained on this web application, the Content and the Reports for your personal use. Without limiting the foregoing, you may not without our written permission on-sell, giveaway, disclose or share the Content and the Reports or information obtained from this web application with any other person.
  10. Privacy policy
    1. We will use our reasonable endeavours to comply with the terms of our privacy policy which is published on the web application.
  11. Refund policy
    1.  Should you receive any goods, being Reports, from the web application that are incorrect (that is, not what you ordered), damaged or faulty, please contact us and we will arrange, as appropriate, a credit or refund. Any refund or credit requests must be submitted in writing via the “Contact Us” page on the web application which you can access by clicking here www.bondadviser.com.au/contactus. Refund or credit requests must include:
      1. your contact details;
      2. details of the goods to which the request applies; and
      3. detailed description of the issue(s) to allow us to understand why you are requesting a refund or credit.
    2. We may need to verify the details of your refund or credit request and may also ask you to provide further information. You agree to allow us a reasonable period of time to investigate your request.
    3. We may in our discretion, refund the price which you have paid for the Reports purchased at the web application if:
      1. we receive any claim or complaint from any third party or government authority in connection with the Reports; or
      2. we consider that:
        1. the Reports are unsafe in any way;
        2. the Reports do not meet the requirements of any law;
        3. the Reports are offensive.
    4. Any refund or credit issued by us is limited to the value of the Reports purchased from the web application.
    5. We do not have to provide you with a refund or credit if you have simply changed your mind about your purchase from the web application.
    6. To the extent that the Competition and Consumer Act 2010 (Cth) implies any warranties under the contract formed by these terms and conditions, then our liability in respect of such implied warranty is limited:
      1. in the case of goods, to any one or more of the following (as we, in our discretion, determine):
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; or
      2. in the case of services, to any one of the following (as we, in our discretion, determine):
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again, except as expressly provided elsewhere in these terms and conditions.
  12. General
    1. Circumstances beyond our control. We accept no liability for any failure to comply with these terms and conditions or our privacy policy where such failure is due to circumstances beyond our reasonable control.
    2.  Termination of access. Access to this web application may be terminated at any time by us without notice. Our disclaimer at Clause 7 above will nevertheless survive any such termination.
    3. How we handle e-mails. We will preserve the content of any e-mail you send to us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
    4. Use of your details for marketing purposes. We may, from time to time, send you information about us and/or our Reports for promotional or marketing purposes. In sending such material to you we will use your name and email address provided to us pursuant to these terms and conditions. If you do not want to receive promotional or marketing material from us please notify us in writing.
    5. Governing law. These terms and conditions are governed by the laws in force in Victoria. Any dispute or action you may be entitled to bring against us must be brought in the Courts of the state of Victoria and you agree to be bound exclusively by the jurisdiction of that State.
    6. Waiver. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    7. Severability. 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.
    8. No waiver. No right under these terms and conditions will be deemed to be waived except by notice in writing signed by both you and us.
    9. No variation. No variation, extension or deletion of any of the terms and conditions will be binding unless in writing signed by both you and us.
    10. Assignment. You may not assign these terms and conditions without our prior written consent. We may assign these terms and conditions or any part of these terms and conditions, or any right or obligation under them, without notice to you or your consent.
    11. No reliance. You warrant and represent that you have not relied on any representation made by us which has not been expressly stated in these terms and conditions.
    12. Relationship. Nothing contained or implied in these terms and conditions creates any partnership, agency or trust between us nor do they give you any authority to bind us in any way.
    13. Entire Agreement. These terms and conditions constitute the entire agreement between you and us and supersedes all previous agreements, understandings and negotiations.
    14. To return to the web application. By accessing, using and purchasing the Content and the Reports from this web application, you acknowledge that you have read, understood and accept the above terms and conditions of use.