TERMS OF USE

Please read these Terms of Use (Terms) carefully before using the www.marketech.com.au website or integrated application (Platform) operated by Marketech Stockbroking Pty Ltd (ABN 65 611 391 729, AFSL 486148) (Marketech, us, we, or our). We are based at our office in Perth, Western Australia and owned by Marketech Limited (ABN 85 095 275 657).

Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Platform. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Platform.

Platform

Marketech is a software service provider and solely provides the Platform to enable you to research and participate in financial markets and stock exchanges through the services provided by independent third-party providers of those services (Third-Party Providers) through the Platform.

You acknowledge that Marketech does not provide financial advice or trading, account, settlement or banking facilities and all such facilities and advice are provided by independent Third-Party Providers who hold a direct contractual relationship with you and are in no way controlled by Marketech.

Trading, account and settlement facilities are provided by OpenMarkets Australia Limited ABN 38 090 472 012 (AFSL No 246705) (OpenMarkets) a Market Participant of the Australian Securities Exchange (ASX), Chi-X Australia and the National Stock Exchange of Australia as well as an ASX Clear and Settlement Participant.

Banking facilities, including but not limited to the processing of payments of funds to OpenMarkets for the purpose of participating in trades, are provided by the Macquarie Group through a Macquarie Cash Management Account.

All market information displayed through the Application (Market Information) is provided by Iress Limited ACN 060 313 359 (Iress) and/or Refinitiv Australia Pty Limited ACN 002 834 237 (Refinitiv):

You agree to be bound by, and subject to, any terms and conditions of the Third-Party Providers which do not form part of these Terms. You warrant that you have complied with all policies and obligations relating to the Third-Party Providers’ obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Your use of the Platform is at your own risk.

Any dealing between you and us are subject to:

  • the Corporations Act 2001 (Cth) including the ASIC Market Integrity Rules;
  • the rules, directions, decisions and requirements of the operator of the market;
  • the customs and usages of the market;
  • any applicable rules and procedures for any clearing or settlement facility used in the provision of the services by Third-Party Providers;
  • the correction of errors and omissions; and
  • the international and domestic anti-money laundering and counter-terrorism laws.

Subject to these Terms, Marketech shall attempt to provide you with access to and use of the Platform for twenty-four (24) hours per day, seven (7) days per week. You acknowledge and agree that from time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation:

  • equipment malfunctions;
  • periodic maintenance procedures, repairs, updates or upgrades that Marketech may undertake from time to time;
  • causes beyond Marketech’s control or that are not reasonably foreseeable by Marketech, including, without limitation, interruption or failure of telecommunication or digital transmissions, hostile network attacks, network congestion or other failures; or
  • a disruption in the connection between Marketech and Openmarkets or the Market Information provider.

You acknowledge and agree that Marketech has no control over the availability of Platform on a continuous or uninterrupted basis.

You acknowledge and agree that the Platform requires internet access in order to function and, if you do not have stable internet access (e.g. by not having mobile data reception), you will not be able to amend or create transactions or view the Market Information. You will also not receive notifications or other alerts from the Platform. You agree that you are solely responsible for ensuring that the Platform has internet access and will indemnify Marketech from any losses you incur howsoever arising in connection with the loss of internet access to the Platform.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.

You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person, or entity or name that is not lawfully available to you for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Subscription

Some parts of the Platform are billed on a subscription basis (Subscription). You will be billed a fee (Subscription Fee) in advance on a recurring and periodic basis (Billing Cycle). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Marketech cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Marketech customer support team.

A valid payment method, including credit card or direct debit, is required to process the payment of the Subscription Fee. You shall provide Marketech with accurate and complete billing information including full name, address, State/Territory, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Marketech to charge all Subscription Fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Marketech will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay the invoice by the deadline date may result in the termination or suspension of your access to the Platform.

Free Trial

Marketech may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (Free Trial).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged a Subscription Fee by Marketech for the duration of the Free Trial. On the day immediately following the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription Fee for the type of Subscription you have selected.

At any time and without notice, Marketech reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Marketech, in its sole discretion and at any time, may modify the Subscription Fee for the Subscription. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.

Marketech will provide you with reasonable prior notice in writing of any change in the Subscription Fee to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Platform after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.

Refunds

Except when required by law, paid Subscription Fees are non-refundable.

Trading

All transactions, including but not limited to the buying and selling of securities through OpenMarkets (Transactions) are solely at your own risk. For the avoidance of doubt, you understand and agree that:

  • all services provided by OpenMarkets are subject to any terms and conditions OpenMarkets may have from time to time;
  • Marketech makes no warranties or guarantees as to the availability of the Application or the Services for Transactions;
  • Marketech is not liable for any delays or latency issues that impact the provision of the Services or the useability of the Platform;
  • Marketech is not liable for any failed Transactions, including but not limited to, failures in the Platform, the Licensee’s hardware, data coverage or access, other technical interruptions or a failure caused by OpenMarkets or any other market operator;
  • Marketech may reject or otherwise decline to convey an instruction to trade to OpenMarkets for any reason and may decline to act on your behalf at without notice if Marketech deems it reasonably necessary and is not liable for any losses incurred by such actions except as otherwise stated in these Terms;

The contents of your trading portfolio is treated by Marketech as confidential and not shared with any other party except as required to provide the Platform to you.

Trading Fee

You warrant that you have read and understood the Marketech Financial Services Guide.

You must pay Marketech all fees (inclusive of any taxes) as set out in the Marketech Financial Services Guide (as updated from time to time and available at marketech.com.au/financial-services-guide when transacting securities through OpenMarkets on the Platform (Trading Fee).

Market Information

All Market Information is for personal informative use only and does not constitute personalised advice or recommendations.

You acknowledge and agree that Marketech is not responsible for the Market Information except where otherwise stated in these Terms.

Marketech may use the Market Information to run various mathematical models to better display the information and provide you with more detailed analysis (Mathematical Models). The Mathematical Models involve using certain generally accepted assumptions in making the calculations (Modelling Assumptions). In making the Mathematical Models, Marketech uses its best endeavours to accurately convey the Market Information.

You acknowledge and agree that Marketech makes no warranties as to any of the Market Information, Mathematical Models or Modelling Assumptions including but not limited to the accuracy, timeliness or completeness of the Market Information, Mathematical Models or Modelling Assumptions.

You must not make the Market Information available to any other person in any manner, including but not limited to adapting, distributing, downloading, printing, publishing, reproducing or selling the Market Information without Marketech’s express written consent which may be withheld for any reason.

Intellectual Property

All rights (including but not limited to intellectual property rights) in the Platform, including any modifications or alterations made by you or any third party (collectively, Marketech IP), remain the property of Marketech and its licensors in all respects, regardless of whether or not such modifications or alterations were authorised by us (pursuant to these Terms or otherwise). Accordingly, all rights (including intellectual property rights) subsisting in any modifications or alterations will vest in us and be regarded as Marketech IP immediately upon creation, without the need for any further formality or documentation. You agree to execute (or procure the execution of) any documentation, and perform any other acts, required by us to confirm this fact and give effect to this clause, and will if necessary assign to Marketech (or procure the assignment of) all rights (including intellectual property rights) arising out of any modifications or alterations to the Marketech IP or any other aspect of the Platform.

The Platform is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks (registered or otherwise) may not be used in connection with any product or service without the prior written consent of Marketech. Nothing in these Terms constitutes a transfer of title or ownership of any Marketech IP from us to you (including any associated intellectual property rights, which include but are not limited to rights of copyright).

You are permitted to use the Platform only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Platform to create, display, use, play, and download content subject to these Terms.

Marketech IP must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

You must not modify the physical or digital copies of any content you print off or download in any way (from the Platform (including Marketech IP), and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. You acknowledge that in addition to any other remedies available to Us under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Platform will entitle Marketech to avail itself of any remedies against you which may be available, including but not limited to the equitable remedy of injunctive relief.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Prohibited Content

Use of the Platform which is objectionable, unlawful, illegal, could interfere with or adversely affect the proper operation of the Platform or the use of the Platform by other users, or for other activities prohibited by the Marketech is prohibited.

We reserve the right to investigate and take any appropriate action (including suspension or termination of Accounts and access to the Platform, or legal action, if necessary) against you if we determine, in our sole discretion, that you have breached this clause. You must immediately notify us if you become aware or reasonably suspect that a Platform user is in breach or will be in breach of this clause.

Links To Other Web Sites

Our Platform may contain links to third-party web sites or services that are not owned or controlled by Marketech.

Marketech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Marketech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Additional Terms and Conditions

In order to fully access and enjoy the Platforms, you may be notified that you are required to use, download or install software (including for the avoidance of doubt a specific internet browser, browser version, a specific browser configuration, and/or Javascript) or content and/or agree to additional terms and conditions. You acknowledge and agree that any additional terms and conditions which are applicable to the Platforms are hereby separate and additional to these Terms. Marketech is not responsible for and has no liability in respect of such additional terms of other software or service providers.

Termination

To the extent permitted by law, we may terminate or suspend your account or restrict, suspend or terminate your access to all or part of the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Platform or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Platform, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Platform or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your account or Subscription, and applies to claims arising both before and after the account or Subscription ends.

Collection of information

You acknowledge and agree that we may, from time to time, use Javascript, cookies or other analytics tools in connection with the Platform, for purposes including but not limited to storing your Platform preferences, monitoring your use of the Platform, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Platform to you or to improve service quality or the operation of the Platform. We may, from time to time, share this information in anonymised form with its business partners or service providers. You acknowledge that if you set your computer to block all cookies, or do not have Javascript installed, you may restrict your access to certain features of the Platform.

You acknowledge and agree that we may, collect, store and disclose your personal information in compliance with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), including but not limited to monitoring and reporting suspicious activity.

Any personal information collected under this clause is subject to the Privacy Policy.

Security of Content:

Notwithstanding any other clause in these Terms, we will make reasonable efforts to ensure that all content uploaded by you as part of your access to the Platform is secure and not able to be accessed by unauthorised third parties and is backed up. By submitting your personal information to the Platform, you agree to our use and disclosure of such information for the purposes of Marketech performing the Platforms and all of its obligations under these Terms, and as otherwise permitted or required by law. We may disclose your personal information to third party service providers who assist us in performing our functions and activities. Some of these third-party service providers may be overseas, in which case we will take reasonable steps to require them to comply with all applicable laws, including privacy laws. Any personal information collected under this clause is subject to the Privacy Policy.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Platform, copying, distributing, or downloading content from the Platform.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Platform and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Platform. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, the Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Marketech its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Platform, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim, to the fullest extent permitted by any applicable laws, any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Platform or that the operation of our Platform will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Platform.

In no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform, whether online or offline.

Marketech does not represent or warrant that any search information provided by a government agency through use of the Platform is correct or accurate at the time that the Platform is provided, and you acknowledge that you are solely responsible for verifying the search information prior to acting on any search information provided through the Platform.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Platform. Your continued use of the Platform will be deemed as your acceptance of any updated, revised or new terms.

General

You agree that these Terms constitutes the entire agreement between us and you regarding your access and use of the Platform and supersede and replace any prior agreements we might have between us regarding the Platform.

You acknowledge our right to act against you to prevent a breach of these Terms and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that our delay or failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Every provision of these Terms is independent of the other. Any provision, or part of a provision, of these Terms which is prohibited or unenforceable in any jurisdiction will be ineffective and severed from these Terms to the extent only of such prohibition or unenforceability, and the other provisions, and/or remaining parts of provisions, will continue in full force and effect to the fullest extent permitted by law.

You agree that you will do all things necessary to give full effect to these Terms and any transactions contemplated by them.

Contact Us

If you have any questions about these Terms, please contact us at

(a)        For urgent live-market issues: support@marketech.com.au

(b)        support request ticket logging through the Application;

(c)        through the website helper at www.marketech.com.au; and

(d)        the following email address to request support: support@marketech.com.au