Blackstone Securities (Aust) Pty Ltd (“Blackstone”) & subsidiaries of Quantum Australia (Quantum) TERMS AND CONDITIONS I understand that any download and action on Quantum’s Products is not a recommendations made by Blackstone, and it will not take into account my own personal investment objectives and financial circumstances and therefore, before acting on any product suggestions or recommendations, I have considered the appropriateness of acting on that advice in light of my own situation. 1. DEFINITIONS ‘Blackstone’ means Blackstone Securities Pty Ltd ABN 96 064 185 897, Financial Services Licence No. 237319. ‘Products’ means any financial products distributed by Blackstone that are owned by Quantum or an associate of Quantum. 2. USER ASSENT TO TERMS AND CONDITIONS You represent that you have read and agree: 2.1 to be bound by the terms and conditions ("TERMS") 2.2 to comply with Australian law regarding the transmission of any data obtained by you (as defined herein) in accordance with the TERMS; 2.3 not to use the Quantum’s Website or its Products for illegal purposes; and 2.4 not to interfere with or disrupt networks connected to this Website or Products. 3. INTELLECTUAL PROPERTY3.1 This Website, including but not limited to text, content, photographs, video, audio and graphics (as part of the Products), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Australia and other countries.3.2 Products is also protected as a collective work or compilation under Australian copyright laws and other laws and treaties. All individual articles, columns and other elements making up Products are also copyrighted works. 3.3 You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in Products. 4. RESTRICTIONS ON USE 4.1 You may not use Products for any illegal purpose or in any manner inconsistent with the TERMS. 4.2 You agree to use Products solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity unless agreed by Quantum in writing. 4.3 You agree not to use, transfer, distribute or dispose of any information provided by or contained in Products in any manner that could compete with the business of Quantum.4.4 You acknowledge that Products has been developed, compiled, prepared, revised, selected and arranged by Quantum and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Quantum and such others. 4.5 You agree to protect the proprietary rights of Quantum and all others having rights in Products during and after the term of this agreement and to comply with all reasonable written requests made by Quantum or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in Products. 4.6 You agree to notify Quantum in writing promptly upon becoming aware of any unauthorized access or use of Products by any party or of any claim that Products infringes upon any copyright, trademark or other contractual, statutory or common law rights. 5. LICENCE 5.1 You acquire absolutely no rights or licenses in or to Products and materials contained therein other than the limited right to utilize Products and download content in accordance with the TERMS. 5.2 Should you choose to download content from Products, you must do so in accordance with the TERMS. Such download is licensed to you by Quantum ONLY for your own personal, non-commercial use in accordance with the TERMS and does not transfer any other rights to you. 6. DISCLAIMER AND LIMITATION OF LIABILITY6.1 You agree that your use of Products is at your sole risk and acknowledge that Products and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that, to the maximum extent permitted by law, Blackstone makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use.6.2 Blackstone does not warrant that Products downloads are free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features.6.3 You agree that Blackstone, its Suppliers and its third-party agents shall to the maximum extent permitted by law have no responsibility or liability for:6.3.1 any injury or damages, whether caused by the negligence of Blackstone, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with Products and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Blackstone by any other party; or 6.3.2 any fault, inaccuracy, omission, delay or any other failure in Products caused by your computer equipment or arising from your use of Products on such equipment. 6.4 The content of other Web sites, services, goods or advertisements that may be linked to Products is not maintained or controlled by Blackstone. Blackstone is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on this site. 6.5 Blackstone does not:6.5.1 make any warranty, express or implied, with respect to the use of the links provided on, or to, Products;6.5.2 guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to Products; or 6.5.3 make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to Products.6.6 To the maximum extent permitted by law, even in circumstances including but not limited to negligence Blackstone, its Suppliers and its third-party agents shall not be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from use of or inability to use Products or any links or items on Products or any provision of the TERMS, such as, but not limited to, loss of revenue or anticipated profits or lost business.6.7 Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Blackstone total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this Website. 6.8 You acknowledge that :6.8.1 Products is provided for information purposes, and advice (if any) is general advice, not personal advice 6.8.2 Products may include public information taken from the Australian Stock Exchange and other sources;6.8.3 Blackstone does not guarantee the sequence, accuracy, completeness or timeliness of Products; and 6.8.4 the provision of certain parts of Products is subject to the terms and conditions of other agreements to which Blackstone is a party. 6.9 Accordingly, to the maximum extent permitted by law, Blackstone, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for:6.9.1 any inaccuracies or errors in or omissions from Products including, but not limited to, quotes and financial data;6.9.2 any delays, errors or interruptions in the transmission or delivery of Products; or 6.9.3 any loss or damage arising there from or occasioned thereby, or by any reason of non-performance. 7. ADVICE IS LIMITED TO GENERAL ADVICE7.1 You acknowledge that the Products presented by Blackstone, is only advice that is limited to general advice which is based primarily on the financial products selected without taking into account your investment objectives or financial circumstances. As a consequence, you acknowledge that before acting on any ‘Product’ you should consider the appropriateness of the Product in light of your financial circumstances or seek further advice from a representative of Blackstone or your financial advisor on the appropriateness of doing so. 7.2 If you receive advice from Blackstone in relation to a Product, you acknowledge that the advice was limited to general advice and did not consider the appropriateness of the subscription to you personally in light of your financial circumstances. 8. REPRESENTATIONS AND WARRANTIES You represent and warrant that: 8.1 you have the power and authority to enter into this agreement;8.2 you are at least eighteen (18) years old;8.3 you shall not use any rights granted hereunder for any unlawful purpose; and 8.4 you shall use Products as set forth in these TERMS.8.5 you understand there are no guarantees and no refunds. 9. INDEMNIFICATION 9.1 You agree, at your own expense, to indemnify, defend and hold harmless Blackstone and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Blackstone, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Blackstone, its employees, representatives, Suppliers and agents is based on or arises in connection with Products. 10. PRIVACY STATEMENT ACKNOWLEDGEMENT 10.1 Blackstone and its associates are committed to protecting and maintaining the privacy, accuracy and security of your personal information. The personal information you provide and that we collect is handled in accordance with our Privacy Policy, a copy of which is available on the website and in hard copy form, upon your specific request.10.2 Your personal information will be used for contacting you to ascertain your interest in the Products. 10.3 Your personal information is stored securely and is available for you to review and update as necessary.10.4 If you wish to receive a copy of our Privacy Policy (also download from www.quantumgroup.com.au), or to review personal information we hold about you, or if you do not wish to receive further information about other services or products, including those provided by other business units of Quantum, you may elect not to do so by contacting our Privacy Officer on [02 8823 5222]. If you have a complaint in relation to the privacy of your personal information, please contact our Privacy Officer. 11. COMPLAINTS If you are dissatisfied with Products and wish to make a complaint, contact our Complaints Office. Blackstone will consider your complaint in confidence and in accordance with our complaint handling procedures. Blackstone is a member of the Financial Ombudsman Service Ltd, therefore if you still do not get a satisfactory outcome you have the right to then put the complaint in writing to: Financial Ombudsman Service Ltd PO Box 579, Collins Street West Melbourne, Victoria 8007.Fax: (03) 9621 2291 12. GOVERNING LAW 12.1 These TERMS shall be governed and construed in accordance with the laws of New South Wales, Australia, without giving effect to conflicts-of-law principles thereof. 12.2 You agree to submit to the personal jurisdiction of the courts located in Sydney with respect to any legal proceedings that may arise in connection with Products or from a dispute as to the interpretation or breach of the TERMS. 13 MISCELLANEOUS 13.1 You accept that Quantum has the right to change the costs, charges or content and technical specifications of any aspect of the Products at any time at Quantum sole discretion. 13.2 any changes to Products must be in accordance with applicable laws, including Corporations Law. 14. SEVERABILITY If any provision of the TERMS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TERMS will remain in force. 15. RIGHTS RESERVED 13.1 All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Products (the "Intellectual Property Rights") shall, as between you and Blackstone, at all times be and remain the sole and exclusive property of Blackstone. 13.2 All present and future rights in and title to Products (including the right to exploit Products and any portions of Products over any present or future technology) are reserved to Blackstone for its exclusive use. 13.3 Except as specifically permitted by the TERMS, you may not copy or make any use of Products or any portion thereof. 13.4 Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Blackstone or Products, or the names of any individual participant in, or contributor to, Products, or any variations or derivatives thereof, for any purpose, without Blackstone’s prior written approval. 16. ENTIRE AGREEMENT TERMS and any other terms and conditions of service on www.quantumgroup.com.au and its successor, are the entire agreement between you and Blackstone. 17. CORRESPONDENCE must be sent via postal mail to: Blackstone Level 24, Grosvenor Place, 225 George Street, SYDNEY NSW 2000.
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