Terms and Conditions

Our customers agree to these terms and conditions when they pay for the Stockeducate program.

ABOUT THESE TERMS AND CONDITIONS

These websites, www.stockeducate.com and www.stockeducate.com.au are owned and operated by Stockeducate Pty Ltd ABN 74 627 679 725 (“Stockeducate”).

The terms “you” and “your” refer to the person that accesses or uses the Website and/or any Content available on the Website in the form of material, programs, communications, calculators, links or information.

These Terms and Conditions govern your use of the Website and any Content, and also comprise any terms and conditions, service-specific terms and conditions (including prices), notices and disclaimers available on, or otherwise provided through, the Website.

By accessing and/or using the Website and/or Content, you acknowledge that you have read and agree to be bound by these Terms and Conditions (including any variations Stockeducate makes from time to time). If you do not agree to these Terms and Conditions, you must immediately cease accessing and using the Website and the Content.

You warrant that you are at least 18 years old or are accessing or using the Website and Content under the supervision of a parent, guardian, or an adult responsible for you, who agrees to these Terms and Conditions.

These Terms and Conditions also apply to any mobile applications and other software (including interfaces) that we provide or make available to you.  In this instance, a reference to “Website” is taken to include each such item.

NO INVESTMENT RECOMMENDATIONS OR ADVICE PROVIDED

The Content on this Website is of a general informational nature, and is provided for informational and educational purposes only. The Content does not constitute financial advice or recommendations. You acknowledge and agree that Stockeducate is not, and does not act as, an investment or financial advisor, stock broker or trading platform. 

Stockeducate does not hold an Australian Financial Services Licence, and so is not permitted by law to provide financial advice. 

This Website is not intended to be the sole information resource guiding any investment decision, and any information provided may or may not be suitable for your individual financial position. You are responsible for undertaking your own analysis to research an investment decision. Any form of trading is inherently risky, and you should obtain your own financial and legal advice before making any investment decision.

None of the Content or links provided on the Website are intended as investment, tax, legal or accounting advice, or as an endorsement or recommendation to sell or buy any products listed on any stock exchange. Content on financial products, markets, and related information is based on a range of information, including current and historical information provided by or sourced from third parties. Content may also be based on calculations using figures or rates that are subject to change.

Stockeducate does not assess, verify or guarantee the accuracy of the information provided, the financial viability, potential value, or profitability of any product referred to on the Website. None of the information on this Website or any linked site should be taken as an endorsement or warranty of the advisability of any investment. 

Stockeducate excludes all liability (including in negligence) in respect of the Content. If you have a complaint regarding any Content displayed on the Website or otherwise communicated through the Website, Stockeducate’s sole obligation will be to review any written complaint notified to it and, at its sole discretion, modify or remove the particular Content.

SUBSCRIPTION

Stockeducate may provide a subscription service through this Website. This service is governed by the Stockeducate Online Customer Services Agreement, available on our Website, which you will need to accept when you sign up to receive the Subscription.  

ACCESS AND USE

You may use the Website and the Content for your own personal use subject to the restrictions specified in these Terms and Conditions (including, for clarity, the other terms and conditions that may be applicable to you on this Website). You may not download (other than page caching) or modify the Website or any portion of the Website.

You must comply with all applicable laws.

You must not: (a) access or use the Website or Content (in whole or in part): (i) for any purpose other than as expressly permitted in these Terms and Conditions; (ii) to engage in any commercial activity, including marketing, advertising or commercial promotion of products or services, resale, collection or use of any product lists or pricing for the benefit of other individuals (without Stockeducate’s prior written agreement); or (iii) in an unlawful way or for an unlawful purpose; (b) disrupt or interfere with the Website; (c) do anything (or fail to take action) that would otherwise result in Stockeducate or any other person breaching any law or obligation; (d) facilitate or encourage any breaches of these Terms and Conditions or Stockeducate’s policies (including Stockeducate’s Privacy Policy); (e) post unauthorised commercial communications (such as spam) via the Website; (f) collect Content or other information using automated means (such as harvesting bots, robots, spiders, or scrapers) without Stockeducate’s prior written permission; (g) solicit login details for an account belonging to a third party; (h) impersonate or falsely claim to represent another person or organisation; (i) do anything (or take any action or fail to take any action) that may disable or impair the proper working or appearance of the Website or Stockeducate’s systems, or that would otherwise result in us or any other person breaching any law or obligation; (j) do anything misleading, malicious, or discriminatory through the Website; (k) attempt to gain unauthorised access to any user accounts or computer systems or networks used in connection with the Website; (l) sell, rent, lease, transfer, sub-licence, provide service bureau or timeshare services, distribute or otherwise provide a copy of the Content to a third party for any reason; (m) modify or create derivative works of the Website or Content; (n) delete, conceal or alter any legal or proprietary notices or any attributions on the Website; (o) challenge the validity of our rights in and to the Website; (p) use or take any action in respect of Content that may or will infringe or violate the rights of a third party or that may or will otherwise violate any applicable laws (including court orders); or (q) allow or permit others, directly or indirectly, to perform any of the actions referred to in paragraphs (a) to (q).

Stockeducate does not represent or guarantee that the Website will be free from loss, corruption, interference, attack or other intrusion (Security Incident), and you release Stockeducate from any liability relating to any such Security Incident.  

Stockeducate may add to, change or remove any features and functionality of the Website (including the Content) at any time (with or without notice to you). The features and functionality available on the Website (including the Content) may also vary depending on the device or application that is used to access the Website (e.g. mobile vs desktop).

Stockeducate may: (a) list content from third parties and links to third party websites; and (b) block or immediately remove any third party content from the Website at its discretion.

TRANSACTIONS 

Stockeducate: (a) is not responsible or liable for any transaction (including purchase and delivery) you enter into with any person via links listed or advertised on the Website; (b) makes no warranties or representations in relation to the services or products of third party businesses listed or advertising services or products or services available on or via the Website; (c) does not accept liability for prices charged or services provided by such listed third party businesses; and (d) has no interest, whether direct or indirect, in any of the third party businesses listed on the Website.

You are solely responsible for verifying and ensuring that the person you are dealing with through the Website has the appropriate licenses, consents, approvals and insurance necessary for it to perform its obligations.

THIRD PARTY LINKS AND CONTENT

The Website may contain links to third party websites. Stockeducate provides those links as a ready reference for searching products and services on the internet and not as an endorsement of or to recommend those websites, their operators or the goods and services that they describe. Websites that are linked to the Website are not covered by these Terms and Conditions, and may have their own terms and conditions and privacy policy by which they operate. If you choose to access these linked sites, you do so at your own risk. Stockeducate is not responsible for and will not be liable in respect of: (a) the content or operation of those websites or any of the goods and services that they describe; or (b) for any loss or damage incurred as a result of Stockeducate’s provision of (including your access and use of) any such links (including any incorrect links to an external website).

You must not link to or frame (or otherwise permit a person to so link to or frame) the Website without Stockeducate’s prior express written permission.

The Website may display or feature third party advertising. Stockeducate does not represent that it endorses or otherwise recommends the relevant advertisement, advertiser, or its products and services in so displaying or featuring the advertisement.

Without limiting the above, you may access and use third party content and materials through this Website. If so, then you must comply with any applicable third party terms.

PRIVACY

Any personal information submitted by you via the Website will be handled in accordance with Stockeducate’s Privacy Policy, available on our Website.

INTELLECTUAL PROPERTY

Nothing in this Agreement operates to assign or otherwise transfer any right, interest or title in or to any intellectual property rights (including moral rights) of a party, except as expressly stated.

You must not copy, modify or transmit any of the Content or the Website without Stockeducate’s written permission. Content, including programs, created by Stockeducate or its Affiliates are protected by copyright. An “Affiliate” is any entity that, from time to time, directly or indirectly controls or is controlled by Stockeducate. An entity will be deemed to control Stockeducate if it has the power to direct or cause the direction of the management or policies of Stockeducate, whether through the ownership of voting securities, by contract, or otherwise.

The Website contains Stockeducate’s and third parties’ trademarks, logos, service names, and trade names which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website without Stockeducate’s prior written permission.

DISCLAIMER AND LIMITATION OF LIABILITY

You acknowledge and agree that you access and use the Website and Content entirely at your own risk. Stockeducate accepts no liability for any losses incurred as a result of investment decisions made based on Content provided by this Website.

To the full extent permitted by law, Stockeducate excludes all guarantees, terms, representations or warranties that would otherwise arise or be implied by law in relation to the Website, the Content and any supply of goods or services under these Terms and Conditions, including any guarantees, terms, warranties or representations concerning: (a) the availability of the Website and the Content; (b) the quality, completeness, accuracy or suitability of the Website or Content; (c) merchantability or fitness for purpose in relation to the Website or the Content; (d) all links to or from the Website; (e) the products and services advertised or accessible on the Website; and (f) the safety of computer systems of users of the Website.

For any liability that cannot be excluded, but which can be limited, Stockeducate limits its liability to, at its option: (a) replacing or repairing the relevant goods; (b) supplying goods equivalent to the relevant goods; (c) supplying the relevant services again; or (d) paying the cost of such replacement, repairs or supply.

For all other claims or liability, the maximum liability of Stockeducate and its related bodies corporate for any loss, damage, claim, cost or expense howsoever arising, whether in breach of contract, tort (including negligence) or under statute, in connection with these terms and conditions, the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website will, to the full extent permitted by law, be limited to $10 for an aggregate of all claims.

To the full extent permitted by law, Stockeducate will not in any case be liable for any direct or indirect loss, damages or injury of whatever nature, including exemplary or punitive damages, loss of profit, loss of income or revenue, loss of business, loss of anticipated savings, loss of or damage to reputation or goodwill, loss of data, deletion or corruption of electronically or digitally stored information, damage to any computer system, or incidental, consequential or special damages arising out of or in connection with the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website, even if Stockeducate has been advised of the possibility of such damages.

Stockeducate’s liability to you and any other person is reduced to the extent that you or your Affiliates caused or contributed to the loss or damage. Stockeducate will not be liable for any failure to perform its obligations under these Terms and Conditions where such failures result from any cause beyond Stockeducate’s reasonable control. Any cause of action you may have under these Terms and Conditions must be commenced within one year after the cause of action arises. 

SUSPENSION AND TERMINATION

We may, without notice or liability to you or any person and at our sole discretion: (a) change or remove any Content or information that is provided or made available through the Website, including if we believe that it violates these Terms and Conditions, any of our policies or any law; (b) change, withdraw, suspend or discontinue the Website or any functionality or feature of the Website; and/or (c) maintain, delete or destroy all Content and materials provided or made available through the Website. 

SUBCONTRACTING AND OFFSHORING

Stockeducate may subcontract the performance of all or any part of its obligations under these Terms and Conditions. Stockeducate may also perform all or any part of its obligations under these Terms and Conditions outside Australia.

GENERAL

Notice

If Stockeducate is required to give you a notice in writing under these Terms and Conditions, Stockeducate may give this to you, at its discretion, by: (i) posting the notice on the Website; (ii) emailing the notice to the email address last provided to Stockeducate by you; or (iii) posting the notice to the postal or other street address last provided to Stockeducate by you.

Variation

Stockeducate may update or change these Terms and Conditions at any time with or without notice. If you continue to access or use the Website after Stockeducate updates or changes these Terms and Conditions, then you will be taken to have agreed to these Terms and Conditions as updated or changed. Since you are bound by these Terms and Conditions, you should periodically check these Terms and Conditions.

Waiver

Stockeducate will not be considered to have waived a right or remedy under these Terms and Conditions unless it has done so in writing. If Stockeducate delays or fails to enforce a right or remedy under these Terms and Conditions, then you agree that Stockeducate is not prohibited from enforcing that right or remedy at a later date.

Severability

To the extent that any part of these Terms and Conditions is illegal, invalid, void, voidable or unenforceable, then that part will be severed from these Terms and Conditions and the remaining parts of these Terms and Conditions will continue in full force and effect.

Governing Law And Jurisdiction

These Terms and Conditions are governed by and must be construed in accordance with the laws applicable in the State of NSW, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Stockeducate in respect of its subject matter.

Interpretation

In these Terms and Conditions: (i) a reference to these Terms and Conditions includes all its parts, and includes any amendment to or replacement of them; (ii) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (iii) a reference to a party includes a reference to the party’s executors, administrators, successors and assigns; (iv) the singular includes the plural, and vice versa; (v) a reference to a person includes a natural person, corporation, statutory corporation, partnership, Government Agency, the Crown and any other organisation or legal entity and their permitted novatees, permitted assignees, personal representatives and successors; and (vi) “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.

Definitions

Capitalised terms used in these Terms and Conditions have the meaning given to them in these Terms and Conditions.