Terms and Conditions for Website Use

We agree to allow you to access and use the website and you agree to access and use on the following terms and conditions as varied by your individual or group user agreement. In the event of a conflict between these terms and conditions and your individual or group user agreement the provisions of the latter shall prevail:

In these terms and conditions the following terms have the meanings given to them below:

  • We, us or our means Parkside InvestorPlus or any of its subsidiaries for the time being to which it may assign its rights under this agreement and includes its directors, employees, agents and contractors,
  • Confidential Information includes the Content, website and all other information relating to us, our customers or our business which is disclosed to (or is otherwise acquired by) you, your clients, employees, agents or contractors, by or on behalf of us and which is not publicly available and all other information disclosed in circumstances which a reasonable person would consider to be confidential.
  • Content means all content including reports, opinions, financial and investment-related data, calculators, documents and other information, message or material posted and/or made available on the website from time to time and further includes hyperlinked websites and such information as may be obtained from hyperlinked websites.

1. Your password and security

Access to the secure end of this website is password protected and you cannot access your portfolio information until your registration has been approved and we have issued you with a username/password. You must:

  1. keep your username/password secure and confidential;
  2. immediately notify us if you become aware or suspect that another person knows or has used your username/password or that your username/password is lost or stolen;
  3. not disclose your username/password to any other person or record it in a way that would allow another person to identify your username/password;
  4. not permit any other person to use your username/password; and e. only access the website by using your username/password. You must not attempt to access the website by using another username/password.

You release us from any actions, claims, damages, losses, costs and expenses arising out of or otherwise in connection with your failure to ensure your username/password is kept secure and confidential or any misuse of your username/password.

2. Risk to you - you acknowledge that:

  1. your failure to keep your username/password, secure and confidential may result in unauthorised access and use of the website;
  2. we do not warrant that the Internet is a secure and confidential method of communication and you agree that you transmit Messages using the website at your own risk; and
  3. we are entitled to act on any Message validated by a username/password allocated to you by us and to assume that such Messages originated from the person to whom the username/password have been issued, whether or not that Message in fact originated from that person.

3. Research content and availability of website

  1. We reserve the right, in our absolute discretion, to delete, alter or move research content posted on the website from time to time and we do not guarantee that research content will be continuously available or that it will be error free.
  2. Breach by you of these terms and conditions may result in termination of your right to access the website subject to the terms and conditions of termination as stipulated in your individual or group user agreement.
  3. You are responsible for providing and maintaining all your telephone lines, modems, computer hardware, software and all other equipment necessary for you to access and use the website.
  4. We will provide help desk assistance where possible or refer you to an appropriate support organisation contracted by us.

4. Material on the website

The Research Content may not be accurate, correct or up-to-date. No person should act or fail to act on the basis of these materials as it is provided by a third party.

To the maximum extent permitted by law, we disclaim any liability to any person arising out of any action or failure to act, in accessing, downloading, uploading, using or relying on or dealing in any way with any Research Content. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly (including any direct or indirect economic loss) from using the website in relation to any information or material available from those websites.

Where liability cannot be excluded by law, then to the full extent permitted by law, any liability incurred in relation to any Research Content is limited to the resupply of the Research Content or the reasonable cost of having the Research Content resupplied. Under no circumstances will we be liable for any incidental, special or consequential damages arising from, or in connection with, the use of Research Content.

Research Content is prepared only for Australian residents. Any currency references are to Australian dollars unless otherwise specified.

5. Intellectual property

Client data stored at Parkside InvestorPlus remains the property of the user. You must not remove or modify any notices of attribution or copyright.

6. Disclaimer

The research content is of a general nature only and is not intended to be general or personal financial product advice or recommendations. The information has not been prepared taking into account the particular investment objectives, financial situation and needs of any particular investor. Accordingly, you should assess whether the Research Content is appropriate to your individual circumstances or the circumstances of your client, before acting or advising on the Research Content and if necessary seek the advice of a licensed financial adviser.

The website may also contain information relating to legal matters. Such information is of a general nature only and is not intended to be legal advice and is not, a complete or definitive statement of the matters described in it. If you require legal advice you should seek the advice of a solicitor in relation to your particular circumstances.

7. No warranties

Unless stated to the contrary in these terms and conditions and to the extent permitted by law:

  1. all express and implied conditions, warranties or terms regarding the website are hereby negated and excluded; and
  2. we give no warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the website (including any data contained in or supplied in relation to the website or reports generated or produced by or with the aid of the website).

The Material may incorporate information obtained from third parties (including but not limited to unit prices) the accuracy of which may not have been established by us.

Except so far as liability under any state or federal law of Australia is incapable of being excluded, we give no warranty as to the accuracy, adequacy, completeness, reliability or suitability of the Research Content, for any particular purpose and accept no responsibility for any errors or omissions in the Research Content however arising (including but not limited to errors or omissions arising as a result of the negligence of our directors, employees, agents or representatives).

We do not guarantee the repayment of capital or any particular rate of return from, or any increase in, the value of any product or investment referred to in the Research Content or in any links to the website.

8. Privacy

We make every reasonable effort to safeguard the privacy of all Personal Information provided to it. We have a Privacy Policy which sets out how information captured and stored by us is handled responsibly and in accordance with the National Privacy Principles set out in the Privacy Act 1998 (Cth).

This Privacy Policy also forms part of these terms and conditions. In accepting these terms and conditions, you are also consenting to the use, access and disclosure of your Personal Information in accordance with the Privacy Policy. A copy of the policy is available by request at mail@parksideinvestorplus.com.au

You should periodically revisit the Privacy Policy as it may change from time to time as we continue to develop the website.

We are not responsible for the privacy and security practices of other websites linked to the website. You should refer to the privacy statements contained in those websites. We take no responsibility for information you transmit over the Internet. Once we receive your information, we will make all reasonable efforts to keep it secure on our systems.

In addition to the Privacy Policy, the following additional terms apply to our privacy practices for the website:

What Personal Information is collected.

The information collected by us about you will depend on your use of the different functions available on the website. If you visit the website for any reason, including to read, browse, download information or send Messages, our systems will record your server address, the date and time of your visit, the pages viewed, any download made and Personal Information provided by you or accessible by us.

How the information is used

The information collected may be used to determine the use patterns of the website including the popularity of different pages. This may be used by us to improve the website. The information may also be used for planning, product development, marketing and research purposes. If you provide us with Personal Information via the website, such as to send us a Message, we may use this information to respond and attend to your Message.

Disclosure of information

We will not reveal or release your Personal Information collected on the website to any third party except where you have given us authorisation to do so, for the purposes of back up in the event of a system failure, or where we are required to do so by law.

Security of information

We have implemented suitable security processes and technologies to securely maintain information collected and ensure that the information is not incorrectly used and that there is no unauthorised access.

How to access and change your personal information. You cannot change your username/password or other personal information, such as address and contact details without first contacting Parkside InvestorPlus on mail@parksideinvestorplus.com.au or by calling client services on 9899 4899.

You:

  1. acknowledge that, in the process of accessing and using the website, you may access Personal Information regarding or relating to your clients;
  2. are responsible for obtaining all necessary consents from your clients to enable us to provide and view and manipulate, any Personal Information in accordance with these terms and conditions and to ensure that such use does not infringe the Privacy Laws;
  3. will keep and maintain appropriate systems and controls to ensure that only your authorised personnel will have access to Personal Information;
  4. will observe all Privacy Laws governing the collection, use, disclosure and protection of Personal Information in respect of all Personal Information provided by us to you, or to which you have access, in the course of accessing the website;
  5. will promptly follow any reasonable direction by us in relation to Personal Information; and
  6. indemnify and hold us and our directors, employees and agents indemnified against any action or claim relating to or otherwise in connection with the provision of Personal Information to or by us or in connection with any breach of the Privacy Laws by you, your employees or agents.

9. Confidential information - You acknowledge that: -

a. in accessing the Research Content you may acquire Confidential Information from us;

b. the Confidential Information comprises information that is valuable and may cause serious damage and loss (including to third parties) if it is improperly disclosed or used.

You must hold all Confidential Information in confidence and may not make any use of it except for the purposes of, or as authorised under, these terms and conditions and may not disclose or permit or cause the Confidential Information to be disclosed to any person except a person authorised by us to receive it or where the disclosure is authorised under these terms and conditions. You are liable for any misuse of the Confidential Information by you or your employees, agents or contractors.

10. Viruses

We do not represent or warrant that any files obtained from or through the website or any site are free from computer viruses or other defects. Any such files are provided, and may only be used on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

11. Termination

Your access to the website (including your username/password) and these terms and conditions may be terminated or varied by us. The limitations of liability and disclaimers made by us in these terms and conditions will survive termination of your access to the website.

12. Disclaimer

Please note that information posted on the Parkside InvestorPlus website does not constitute financial advice. You should not act solely on the basis of the material contained on this site as any financial decision needs to take into account, your particular circumstances and needs. Please seek the professional support of a qualified financial adviser.

Links to other sites are provided for your convenience and interest and are in no way an endorsement or recommendation of any other company, product or service. Parkside InvestorPlus does not control and is not responsible for the content of any other site accessed via this site.Information concerning portfolio balances may not always be wholly up to date. Contact Parkside InvestorPlus if you have any queries. Accuracy of information contained on this web site cannot be guaranteed as Parkside InvestorPlus relies on third parties to provide certain information for this site and is not responsible for its accuracy. Please contact your adviser to discuss your particular objectives, financial situation and needs.