Last Updated: 12 May 2003
Cube Financial Group
AFS License No: 232455
ABN 65 074 796 348
The Terms of Use ("TOU") is an agreement between Cube Financial Group (ABN 65 074 796 348, ASIC License No: 166356) ("CFG") and the user ("you"). It stipulates the conditions by which you can access and use the information provided on our network of websites.
The "Services" Cube Financial Group ("CFG") provides to you are subject to the following Terms of Use ("TOU"). CFG reserves the right to amend or change the TOU at anytime without notice.
DESCRIPTION OF SERVICES, ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF USE
Through its many websites including without limitation, www.cubefinancial.co.nz, www.cubefinancial.com.au (collectively "Sites") CFG provides you with access to several resources including product information, software download sections, schedule information, investment information, market information and community information (collectively "Services"). Your access to these services, use of, linking to the site, use of software or downloading software from the site constitutes your agreement to be bound by the terms, conditions, notices and disclaimers contained in this document and elsewhere on CFG network of "Sites".
USE LIMITATION AND OWNERSHIP
The CFG Services, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. Further, the Services and content are for your personal and non-commercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or content, except as is expressly indicated on the site. You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study. You must not use the Site or the content in any manner or for any purpose, which is unlawful, or in any manner with violates any right of CFG or related companies or which is prohibited by the TOU. You must not use the content for commercial purposes without first obtaining the express written authority of CFG.
DISCLAIMER AND LIMITATION OF LIABILITY
The content and information provided through the Services is from sources believed to be accurate and current as at the date of publication. However, CFG, its related companies, and their directors, officers, agents, employees or contractors do not: a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or b) warrant that any of the functions contained in any Content or your access to the Site will be uninterrupted or error-free. CFG or its employees shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation. In the case of goods or services supplied or offered by CFG or its employees, liability for breach of any implied warranty or condition which cannot be excluded is limited at CFG’s option to either: a) the supply of the goods (or equivalent goods) or services again; or b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
INDEMNITY
You must indemnify and hold harmless CFG or its employees and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: (a). any breach by you of the TOU; or (b). reliance by you on any information obtained through the Site; or (c). your access and/or use of the Site; or (d). reliance upon or use of any Content by any person accessing any Content through your web site.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as analysis documents, press releases) from the Services is allowed, provided that (1) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any Documents are made. CFG and/or its respective suppliers make no representation as to the suitability of the information contained in the documents (including without limitation all graphics, text, audio and video). All documents are provided "as is" without warranty of any kind. In no instance shall CFG or its related partner companies be held liable for any special, indirect or consequential damages or any damages that arise out of the use of information available from the documents.
NOTICE SPECIFIC TO INVESTMENT INFORMATION
The content and services provided is for general information only. It is not intended as investment advice and must not be relied upon as such. CFG does provide general securities advice within its market research and analysis. All recommendations are generic and therefore do not take into consideration the specific need, goals or circumstances of any user. You should obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions. Information regarding some derivatives products is also available in the content and services. Derivatives products involve risk and are not suitable for all investors. Prior to buying or selling derivatives products you should seek professional advice. The Site does not, and must not be construed as an offer of securities or other financial products and is not an invitation to you to take up securities or other financial products unless otherwise stipulated. The Site does not, and must not be construed as providing recommendations in relation to any securities or other financial products. Content on the Site about an entity’s application for admission to the official list or its offer document should not be considered in any way as an indication of the merits of the entity. It does not in any way infer that the entity’s application for admission to the official list will be approved, and should not be considered in any way as an indication of the merits of the entity.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of CFG or the respective owner and/or its suppliers. The Software is made available for download solely for use by end users according to Agreements included and the TOU outlined here or by other providers. Any reproduction or redistribution of Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
MARKET INFORMATION DELAY
This information is live and available to CFG members only. Unless stated otherwise, price information provided on the Site is delayed by at least twenty (20) minutes. Important: Unless stated otherwise other information, in particular the edited text of company announcements, is delayed by at least twenty (20) minutes and could be well behind the actual release time of the full company announcement.
MEMBERSHIP ACCOUNTS, PASSWORD, & SECURITY
If any of the Services offered by CFG requires you to open an account, you must provide us with current, complete and accurate information as prompted by the applicable registration form. You may also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You agree to notify CFG immediately of any use of your account which is unauthorised or any other breach of security. CFG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CFG or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. CFG may terminate your access to the Services at anytime without notice to you, if it deems necessary.
LINKS TO THIRD PARTY SITES
The links on the Sites will let you navigate away/leave the CFG network of sites. These linked sites are not under the direct or indirect control of CFG and as such CFG is not responsible for any of the contents on these linked sites or any changes, updates or complaints relating to these sites. CFG provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by CFG or its employees. You link to any such web site entirely at your own risk. Neither CFG nor its employees recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by CFG or its employees, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Neither CFG nor its employees give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site or the information on other web sites which are reached by hypertext links from the Site nor do they accept any responsibility arising in anyway (including negligence) for errors in, or omissions from such Third Party Material or errors in, or omissions from, information contained on such other sites.
GOVERNING LAW
These General Conditions are governed by, read and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
