A. BY ACCEPTING THE TERMS OF THE AGREEMENT, YOU ARE WARRANTING AND REPRESENTING TO MACQUARIE THAT YOU ARE A RESIDENT OF AUSTRALIA, MALAYSIA, NEW ZEALAND, SINGAPORE OR UNITED STATES OF AMERICA. IF YOU ARE NOT A RESIDENT OF AUSTRALIA, MALAYSIA, NEW ZEALAND, SINGAPORE OR UNITED STATES OF AMERICA, YOU ARE NOT PERMITTED TO ACCESS AND USE THE CONTENT AND YOU MUST CLICK “DECLINE” BELOW. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT HAS BEEN PREPARED FOR, AND ANY OFFERS ARE ONLY AVAILABLE TO, AUSTRALIAN RESIDENTS.
B. WE, MACQUARIE DIGITAL PTY LIMITED ABN 66 115 402 349, A CORPORATION HAVING OUR PRINCIPAL OFFICE AT NO. 1 MARTIN PLACE, SYDNEY NEW SOUTH WALES, AUSTRALIA AND ITS RELATED BODIES CORPORATE (“MACQUARIE”) AGREE TO PROVIDE YOU (“USER”) WITH ACCESS TO PROGRAMS AVAILABLE ON THIS WEBSITE (“CONTENT”) IN ACCORDANCE WITH THESE TERMS AND CONDITIONS (“AGREEMENT”). FOR THE PURPOSES OF THIS AGREEMENT, WEBSITE MEANS THE WEBSITE OPERATED BY MACQUARIE AND AVAILABLE AT WWW.MACQUARIEDIGITAL.COM.AU OR SUCH OTHER ADDRESS(ES) AS MACQUARIE MAY CHOOSE TO USE TO DISPLAY THE CONTENT FROM TIME TO TIME.
C. YOUR ACCESS TO, AND USE OF, THE CONTENT IS CONDITIONAL UPON YOUR ACCEPTANCE AND STRICT COMPLIANCE WITH THE AGREEMENT. MACQUARIE MAY CHANGE THE TERMS OF THE AGREEMENT AT ITS SOLE DISCRETION, AT ANY TIME AND TO ANY EXTENT BY POSTING A REVISED VERSION OF THE AGREEMENT ON THIS WEBSITE. YOUR CONTINUED ACCESS TO, AND USE OF, THE CONTENT CONSTITUTES YOUR ACCEPTANCE OF, AND COMMITMENT TO COMPLY WITH, THE TERMS OF THIS AGREEMENT AS AMENDED FROM TIME TO TIME.
1. ACCESS TO AND USE OF THE CONTENT
1.1 Permitted Use
(a) You are permitted to access and use the Content under the terms of this Agreement.
(b) You acknowledge and agree to use the Content for your personal use only.
(c) You shall not modify, adapt, upload, link, frame, broadcast, reproduce, distribute or in any way transmit any part of the Content without Macquarie’s prior written approval, other than to the extent necessary to view the Content or as permitted by law.
(d) You shall comply at all times with the security measures put in place by Macquarie to prevent unauthorised access to, use of, or damage to the Content.
1.2 No Recommendation or Advice
(a) You agree and acknowledge that:
- the Content is provided for information purposes only;
- parts of the Content have been prepared by Macquarie and other parts of the Content have been prepared by persons other than Macquarie;
- when not prepared by Macquarie, the views or opinions expressed in the Content are the views of the person(s) who prepared it and may not reflect the views or opinions of Macquarie;
- Macquarie takes no responsibility for Content not prepared by Macquarie and expresses no belief as to the truth or falsity of such Content; and
- no part of the Content is to be construed as a solicitation to make any financial investment.
(b) To the extent that any part of the Content contains general advice, it does not take into account your objectives, financial situation or needs. You therefore acknowledge and agree that:
- before acting on this general advice, you must consider the appropriateness of the advice having regard to these matters;
- you shall not rely on any part of the Content as financial advice provided to you;
- Macquarie recommends that you obtain financial, legal and/or taxation advice before making any financial investment decision; and
- if you are a potential investor, you should:
a. obtain a product disclosure statement and, if applicable, a prospectus from the issuer, relating to financial products mentioned in any part of the Content; and
b. consider such information before making any decision about whether to acquire that product.
(c) Macquarie (including its officers or employees) may have interests in the financial products referred to in the Content by acting in various roles including as financial adviser, underwriter or dealer, holder of principal positions, broker or lender. Macquarie may receive fees, brokerage or commissions for acting in those capacities. In addition, Macquarie may buy or sell the financial products as principal or agent and as such may effect transactions which are not consistent with any part of the Content. Go to www.macquarie.com.au/disclosures to read the Company Disclosures in relation to the interests of Macquarie.
2. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
2.1 All proprietary rights in the Content and the Website are owned or licensed by Macquarie and you obtain no Intellectual Property Rights in relation to the Content, the Website or any derivative or adaptation thereof. You will use all reasonable efforts to protect such proprietary rights in the Content and the Website and to comply with Macquarie’s reasonable requests to protect its contractual, statutory and common law rights in the Content and the Website.
2.2 The Macquarie name and all its associated trademarks and logos (including, without limitation, the Holey Dollar device mark) are trademarks and logos of Macquarie. The display of the trademarks and logos on the Website does not create or imply any Intellectual Property Rights for you or anyone else in relation to such trademarks and logos.
2.3 You must not:
(a) reverse engineer, decompile, disassemble, or otherwise derive the underlying structure, information or ideas embodied in the Website; or
(b) use the Content for any purpose other than as expressly permitted under the Agreement or by law.
2.4 You must immediately notify Macquarie of any breach of the above restrictions and take all steps as reasonably required or directed by Macquarie in order to remedy such breach (where it can be remedied) and prevent it from re-occurring.
2.5 For the purposes of this Agreement, “Intellectual Property Rights” means all intellectual property rights, including but not limited to copyright, trade mark, design, patent, semiconductor or circuit layout rights, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of this Agreement.
3. DISCLAIMER OF WARRANTIES
3.1 Your access to and use of the Content is subject to the disclaimers contained herein as well as any specific disclaimers or disclosures, which may be relevant to certain parts of the Content and brought to your attention at the time of access or use of such Content.
3.2 There may be company disclosures in relation to the interests of Macquarie in entities mentioned in the Content. Your access to and use of the Content to which such disclosures apply is subject to you reading the company disclosures in relation to all entities mentioned in that Content. The Disclosures in relation to the interests of Macquarie are available at www.macquarie.com/disclosures.
3.3 Macquarie assumes no responsibility for, and makes no warranties (express or implied) to you or any person that the Website will function uninterrupted or error-free or that the Website will be free of viruses or other harmful codes. Operation of the Website may be interfered with by numerous factors outside of Macquarie’s control.
3.4 Macquarie shall not be responsible for any loss or damage that could result from interception by third parties of any Content, other information or services made available to you or received from you via the Website.
3.5 Macquarie assumes no responsibility for, and makes no warranty (express or implied) to you or any person concerning the Content. You expressly acknowledge and agree that the Content is provided on an “as is” basis for information purpose only. Reasonable efforts are made by Macquarie to ensure that the Content, when prepared by Macquarie, is accurate and reliable, however you acknowledge and agree that, some facts and opinions may change without notice due to changing market conditions and actual results may vary from forecasts provided.
3.6 Information provided to you as part of the Content, including forecast financial information and hypothetical examples should not be considered as a recommendation in relation to holding, purchasing or selling securities or other instruments. While due care has been used in the preparation of forecast information and hypothetical examples, actual results may vary in a materially positive or negative manner. Forecasts and hypothetical examples are subject to uncertainty and contingencies outside the control of Macquarie. Past performance is not a reliable indication of future performance.
3.7 Other than Macquarie Bank Limited ABN 46 008 583 542, any Macquarie entity or Macquarie managed fund noted in any part of the Content is not an authorised deposit-taking institution for the purposes of the Banking Act 1959 (Commonwealth of Australia). That entity's obligations do not represent deposits or other liabilities of Macquarie Bank Limited. Macquarie Bank Limited does not guarantee or otherwise provide assurance in respect of the obligations of that entity, unless noted otherwise.
3.8 Investments in funds managed by Macquarie are not deposits with or other liabilities of Macquarie Bank Limited and are subject to investment risk, including possible delays in repayment and loss of income or principal invested. Macquarie Bank Limited does not guarantee the performance of the fund or the repayment of capital from the fund or any particular rate of return.
3.9 Macquarie expressly disclaims any implied warranties of merchantability or fitness for a particular purpose and any warranty for the use or the results of the use of the Content with respect to its suitability, availability, functionality, correctness, quality, accuracy, completeness, reliability, performance, timeliness, continued availability or otherwise. Macquarie may change the nature, composition or availability of the Content at any time.
4. LIMITATION OF LIABILITY
4.1 Macquarie accepts no liability, contingent or otherwise, to you or to any person, in relation to the Content, your use or inability to use the Content, including, without limitation, in respect of the correctness, quality, accuracy, completeness, reliability, performance, timeliness, pricing, availability, delay or suspension of the Content, or for any interruption, suspension or disruption or failure of your access to the Website.
4.2 To the extent permitted by law, Macquarie will not be liable for any direct or indirect, special, incidental or consequential damages (including loss of profits) which you may incur in connection with this Agreement or because you relied on the Content even if advised of the possibility of those damages.
5.1 In the event that Macquarie determines that the security surrounding the Website and/or the Content have been breached, Macquarie may terminate, revoke, suspend or modify your access at any time.
5.2 You must immediately inform Macquarie of any breach of security and take all measures which Macquarie reasonably requires to remedy such breach and prevent it from re-occurring.
5.3 Unauthorised use of the Website, any other Macquarie websites or systems is strictly prohibited. Macquarie monitors, tracks and records your use of this Website.
6. SUSPENSION AND TERMINATION
6.1 Macquarie may, at any time and for any reason suspend or terminate access to all or part of the Website and/or the Content.
6.2 In addition to the above, you acknowledge and agree that Macquarie may delay, block or refuse to provide you with access to the Website and/or Content without incurring any liability, if Macquarie suspects, determines or is aware that you:
(a) have breached a law or regulation in Australia or another country;
(b) are accessing and using the Website and/or Content in breach of this Agreement; or
(c) have provided information to us to register as a regular user which cannot be verified or authenticated by Macquarie.
8.1 If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement will not be affected or impaired.
8.2 You acknowledge that a breach of this Agreement will cause the other irreparable injury and damage to Macquarie. Therefore, such breach may be stopped by Macquarie through injunctive proceedings in addition to any other rights and remedies which may be available to Macquarie at law or in equity.
8.3 This Agreement will be governed and construed in all respects by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.