Terms & Conditions

Market Alert Pro Pty Ltd, Corporate Authorized Representative No. 001297846 of Equity Analyst Pty Ltd AFSL No. 534455

Terms and Conditions of Website Entry and Content Use

The Website provides information about financial services offered by Market Alert Pro Pty Ltd on behalf of Equity Analyst Pty Ltd. Together, these companies will be referred to as We, Us or Our. We will refer to the user of the website as You or Your.

These Terms and Conditions govern Your use of www.marketalertpro.com and app.marketalertpro.com (the "Website") and its stock market analysis software Market Alert Pro. By accessing or using the Website or the software linked to the website, You agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, You must not use the Website or the Market Alert Pro software found at app.marketalertpro.com.

1. General Advice Warning

The Website provides information about financial services offered by Market Alert Pro Pty Ltd on behalf of Equity Analyst Pty Ltd. Together these companies will be referred to as We, Us or Our. The information available on the Website must not be used by You as the sole basis for Your investment decisions and any statement on the Website is not personal financial product advice. You must obtain investment advice before making any investment decisions.

We provide general advice only. We are not aware of Your objectives, financial situation and needs and do not take these matters into consideration when providing general advice to You. We do not tailor advice to any individual.

Trading financial products comes with financial risk. We recommend You assess the risks associated with any financial product You are considering to buy or sell in the light of Your objectives, financial situation and needs and obtain financial advice before making any trading decisions based upon information that has been provided to You by Us. Market Alert Pro is unaware of any decision You make with respect to the buying or selling of a financial product referred to on the Website.

2. Refund Policy

Please carefully consider Your subscription. Market Alert Pro offers limited refunds as follows:

2.1 A free 7-Day trial is available. There are no refunds that apply to this offer. At the end of the free trial the subscription will automatically convert to a Premium subscription unless We are notified prior to the end of the trial period.

2.2 A once-off, non-repeatable, 30-day subscription is offered at a discounted rate (see Our pricing webpage for current pricing). This extension must be requested at the time a new subscription is applied for. The option to take advantage of the 30-day extension period is available via a tick box at the time of account opening. At the end of the discounted 30-day subscription, the subscription will automatically convert to a Premium subscription unless We are notified prior to the end of the 30-day period.

2.3 Monthly subscriptions (excluding the 30-day extension of the 7-day trial) have no refund of part of a month. Subscriptions are paid monthly, and the subscription will run to the end of the current calendar month.

2.4 12 Monthly Subscriptions – Current month is not refundable, remaining balance of a 12-month subscription is eligible for a pro-rata refund. The discounted annual rate will be used for the calculation of the refund. This applies to the cancellation of an annual subscription.

2.5 Subscribers are offered a 30-day money back guarantee. This applies for a 30-day period commencing from the start date of the first paid subscription (excludes the free trial) which includes the 30-day extended trial as advertised on the Market Alert Pro website. The guarantee does not recommence when a subscription is upgraded or downgraded. If a subscription is continuous for more than 30 days, the guarantee no longer applies.

3. Access

Access to the Website is strictly limited to the named subscriber. The subscription is not transferrable and providing Your username or password to a third party is strictly forbidden. We will instantly cancel (without refund) any subscription found to be accessed by a third party without Our express written permission.

4. Fees

Access to the Website is via a subscription as described at the Website. Subscribers are required to maintain up to date payment details via the Account Settings facility at the Website. We reserve the right to discontinue access to the Website in the event that a payment is not made on the date that it is due.

5. Trading Risk

Trading financial products is a volatile and complex activity that involves significant risk of loss. Before You trade, You must consider how much You can afford to lose. You accept that You are entirely responsible for any trading decision made by you.

6. Suitability of Investment

We do not provide advice concerning the suitability for You of any particular investment in a financial product that is referred to on the Website or with respect to any investment strategy. We do not endorse or recommend any of the financial products or the issuers of financial products that are referred to on the Website.

7. Technological Failures

With respect to Your use of the Website, You agree that We will not be liable to You, in any way, for any inaccuracy, error or delay in or omission of any information or the transmission or delivery of any information, or for any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, or for any non-performance or interruption of information due to any act or omission including the consequences that flow from any power failure or equipment or software malfunction.

8. Tax Issues

Your tax affairs are Your own responsibility, and You must consult Your own professional tax advisor in order to understand the tax consequences of using the services that are provided by the Website.

9. Third Party Information

Although the information provided to You on the Website is obtained or compiled from sources We believe to be reliable, We cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to You by the Website.

10. Disclaimer of Warranty and Limitation of Liability

The information on the Website is provided “as is”. We do not warrant the accuracy of the information provided on the Website and expressly disclaim any warranties of merchantability or fitness for a particular purpose. We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to You via the Website.

Neither We nor any of Our directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that You incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the data contained therein available to You, or from any other cause relating to Your access to, inability to access, or use of the Website, whether or not the circumstances giving rise to such cause may have been within Our control or the control of any vendor providing software or services support. In no event will We or any such parties be liable to You for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if We or any other party have been advised on the possibility thereof.

To the fullest extent permitted by law, We will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

You expressly agree that Your use of the Website is at Your own risk.

11. Downloading Information

If You download any information or data from the Website, You agree that You will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

12. Use of Links

Should You leave this Website via a link contained herein, and view content that is not provided by Us, You do so at Your own risk. The content to which You link will not have been developed, checked for accuracy, or otherwise reviewed by Us. We are not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Website, whether actual, alleged, consequential or punitive. We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. By creating a link to a third-party Website, We do not endorse or recommend any products or services offered on that Website. There are inherent risks in the use of any software and information found in the internet, and You acknowledge that You understand these risks before using any of these services.

We prohibit caching, unauthorized hypertext links to the Website and the framing of any information and content including any software programs available on or through the Website (“Content”). We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the Content available on any other internet Websites linked to this Website. Access to any other internet Websites linked to this Website is at Your own risk.

You should be aware that linked Websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from the provisions provided on this Website. We are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

13. Access to Certain Information and Services

Certain information and services on this Website may include materials and information from third parties over which We have minimal or no control. We therefore cannot, and do not, guarantee, represent or warrant that the content contained in this Website is accurate and/or appropriate to You or Your business.

14. Transmission of Personal Data

You acknowledge and agree that by providing Us with any personal or proprietary user information through this Website, You consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Our standard business practices. You should be aware that linked Websites may contain transmission of personal data provisions that differ from the provisions provided herein. We are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

15. Violations of Terms of Use

We reserve the right to seek all remedies available to Us for the violation of these Terms and Conditions, including the right to block access from a particular internet address to the Website. We may amend these Terms and Conditions by posting the amended terms to this Website. By continued access to and use of Our Website, You agree to any such amendments to these Terms and Conditions.

16. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of this Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

17. Ownership and Copyright

All content, materials and software posted to or used in conjunction with this Website or the products and services described herein, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, are Our property or Our licensors, and are protected by international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. For purposes of these Terms and Conditions, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from this Website is permitted without Our express written permission and any other applicable copyright owner. You acknowledge that You do not acquire any ownership rights by virtue of downloading copyrighted material from this Website, and You may not resell any of the products or services (or any part thereof) described herein. All rights not expressly granted hereunder are expressly reserved to Us and Our licensors, and We reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other Intellectual Property Rights. If You believe Your rights under applicable copyright laws are being infringed, You may notify Us appropriately.

18. Trademarks

This Website may include Our and Our licensors registered and common law trademarks. The “look and feel” of this Website is also Our and/or Our licensors’ trademark and proprietary trade dress, including the color combinations, button shapes, layout, and all other graphical and navigational elements on this Website. The “look and feel” of this Website, including without limitation its color combinations, button shapes, layout, and all other graphical and navigational elements, is also Our licensors’ trademarks and proprietary trade dress. The Websites may contain Our or Our licensors’ other registered and common law trademarks in addition to those listed.

18. Individual Non-commercial Use

You are only authorized to visit, view and to retain a single copy of pages of this Website solely for Your own individual use, and You shall not duplicate, download, publish, modify or otherwise distribute or exploit any material on this Website for any purpose other than for Your own individual, non-commercial use unless otherwise specifically authorised by Us. For commercial enquiries contact [e-mail]

19. Deep Links

You may not “deep-link” to this Website, meaning that You will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Website for any purpose, unless specifically authorized by Us to do so.

20. Security, Cracking and Hacking

You may not violate or attempt to violate the security of this Website or any of the products or services described herein. Accordingly, You shall not: (i) access data or materials not intended for You; (ii) log into a server or account which You are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is Your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to Your computer via this Website.

21. Spidering

The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Website or any of the pages of this Website is expressly prohibited and infringes on Our copyright. Do not use any such tools or products on or in connection with this Website or any of the products or services described herein.

22. Framing and Inlining

You may not frame this Website or any page or portion of this Website by calling content from within the Website to appear to a user as part of a page on another Website, whether within a visible frame or inline by framing without a border around the framed content, without Our prior written consent.

23. Further Prohibited Acts

You agree not to use this Website for, or in connection with, any of the following activities:

· Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Our personnel, or falsely stating or otherwise misrepresenting Your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.

· Any fraudulent or illegal purpose, or any use which violates the accepted norms of the internet community, whether or not expressly mentioned in these Terms and Conditions, as well as any activity that could damage Our commercial reputation and goodwill or the commercial reputation and good will of Our vendors and customers.

· E-mailing, uploading, or otherwise transmitting or using this Website or the products and services described herein in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content.

· Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines, including without limitation, via means of submitting a virus to the Website, that are intended to damage, destroy, disrupt, overload, flood, mailbomb or crash or otherwise impair a computer’s functionality or the operation of this (or anyone else’s) Website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Our rules or policies.

· To provide computer time sharing, third party training, virtual or actual hosting or as a service bureau for any third parties.

· To copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate or convert any software provided to You in connection with use of this Website or the products or services described herein or distribute any software or the products or services described herein to any third party.

24. Third Party Intellectual Property Rights

Without limiting the foregoing, You may not, and by using any or all of this Website and You agree not to, use this Website or the products or services described herein to: (i) transmit material that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights of others, or violates the privacy or rights of publicity of others.

25. Compliance with Laws

You may use this Website only for lawful purposes. This Website and the products and services described herein are subject to, and You agree that You shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use thereof. This obligation includes, without limitation, Your agreement to comply with all industry-specific regulations and rules relating to the export of technical and other data from Australia (and from Your country if You are not located in Australia) and Your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals, as well as authorization from Us.

26. Regulatory Considerations

We may monitor data as may be necessary to meet Our regulatory obligations. You shall also permit Us by any reasonable and appropriate means to verify that You have complied with the terms of these Terms and Conditions, and You agree to cooperate fully with any such verification process.

27. Jurisdiction

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Us to any regulation under, or registration requirement within, such jurisdiction or country. Products or services described herein may not be available in all jurisdictions.

28. Modifications

We reserve the right, at Our sole discretion, to modify these Terms and Conditions at any time. Your continued use of the Website following any changes indicates Your acceptance of the new Terms and Conditions.

29. Governing Law

These terms and conditions will be governed by and construed in accordance with the substantive laws of the State of Western Australia, Australia without regard to conflict of laws and all disputes arising under or relating to these terms and conditions shall be brought and resolved solely and exclusively in the State of Western Australia.

30. Privacy Policy

By agreeing to these terms and conditions, You agree to the Market Alert Pro Privacy Policy, published on the Market Alert Pro website and via its Support page.

Data Usage by You

You agree to the following conditions of use of the data provided by Us:

1) It is prohibited to use, store, reproduce, display, modify, transmit or distribute the Information without Our prior permission;

2) The members of the ASX Group, its Suppliers and their respective licensors reserve all Intellectual Property Rights in the Information to the extent that those Intellectual Property Rights exist under the law from time to time.

3) The members of the ASX Group, its Suppliers and their respective licensors accept no responsibility for any claim, loss or damage arising from the display of Information on the Website or any use of the Information displayed on the Website.

30. Automated Service

You acknowledge and understand that Market Alert Pro is an automated analysis tool and Market Alert Pro provides no personalised professional advice, financial or otherwise.

31. Contact Us

If You have any questions or concerns about these Terms and Conditions, please contact Us at [e-mail].

Copyright Market Alert Pro Pty Ltd 2022 ABN 57643408137 Authorised Representative No. 001297846