Dated: 1 December 2022
Please read and review this entire document carefully as it contains important information. By accessing and using the Website, you acknowledge you have read, understood and agree to be bound by these terms.
The Market Index website run by Fintech Equity and all freely available content, advertisements and other material contained on our website is factual information only.
We are not financial advisers and none of the content on our website should be interpreted as financial advice. Nothing on our website is intended to imply a recommendation or opinion about a financial product or class of financial products. Before you make an investment decision based on any of the information contained on our website, please consult a qualified financial adviser or stockbroker.
The ASX Top 5 subscription provides general financial product advice only. We don’t consider your unique personal financial situation, needs or objectives. You must consider carefully how appropriate the general advice is to you.
Information provided by us should not be used to make any investment, financial or related decisions. In addition, when making these decisions, we recommend you seek the appropriate independent legal, financial, taxation or other advice.
While we use reasonable endeavours to produce timely, accurate, complete and continually accessible information, you need to know that we do NOT guarantee, warrant or claim any of these things. We may also change information from time to time without notice.
You use the Market Index website and Fintech Equity’s services and products entirely at your own risk and fully indemnify (hold harmless), without reservation, Fintech Equity and its associates, employees, directors, contractors, partners and related bodies corporate. To the maximum extent permitted by law we exclude all representations and warranties.
We own or license intellectual property rights which includes, among other things, the information, design, layout, appearance and graphics. Reproduction is strictly prohibited. Use that constitutes fair dealing under intellectual property law is ok but don’t interfere or breach our intellectual property rights.
Please don’t use robots, scrapers, or any other automated means to access the Website.
We can suspend or terminate access to, or delivery of, services and products any time, ideally with notice, for any reason.
We offer a 100% money-back guarantee within 14 days of subscribing to all services.
You can cancel a service or subscription at any time as there are no lock-in contracts. You’ll be able to use the service or subscription for the time you’ve already paid.
We may change these terms at our absolute discretion.
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Terms and Conditions of Use
A warm welcome to the Market Index!
Important information is contained in these terms so please read them fully and carefully.
Fintech Equity Pty Ltd (ACN 637 943 803), AFSL #521588, is referred to in this document as “Fintech Equity”, “we”, “our” and “us”. (These references also include our related bodies corporate.)
Fintech Equity operates the Website MarketIndex.com.au (including all sub-domains and sub-pages) and its related services.
The person reading this and using the Website or its related services is ‘you’. Unless otherwise indicated, all pricing is in Australian dollars (AUD). To contact us, please email [email protected] or via the contact form on our Site.
To agree to these terms you must click to accept where indicated.
Description of Services
Fintech Equity is a publisher and producer of financial market information focused on stock markets, foreign exchange and commodities with an Australian perspective. We are not a financial institution, creditor, charity, broker or merchant of any kind.
Factual Information Only
The Market Index website and all freely available content, advertisements and other material contained on our website is factual information only. We are not financial advisers and none of the content on our website should be interpreted as financial advice. Nothing on our website is intended to imply a recommendation or opinion about a financial product or class of financial products. Before you make an investment decision based on any of the information contained on our website, please consult a qualified financial adviser or stockbroker.
All information provided by Fintech Equity is general advice only. It does not take into account your objectives, financial situation or needs. Before acting on any general advice, you should consider the appropriateness of the general advice having regard to your objectives, financial situation and needs. Some investment products issue a Product Disclosure Statement or Information Memorandum (Disclosure Document). If one exists, you should obtain a copy of the Disclosure Document and review it thoroughly before making a decision about whether to acquire the product. Fintech Equity recommends consulting a qualified financial adviser or stockbroker before making an investment decision.
When using our Website and making, or possibly making, any investment decision (buying or selling a financial product), you should always consider obtaining independent legal, financial, taxation or other advice to check how the information relates to your unique individual circumstances.
S&P Index Values
You must not store, reproduce or further distribute the S&P Index Values to any third party for any purpose in any format or by any means, including via the internet, intranet or other type of network.
Investments go up and down. All indications of performance or return are historical and cannot be relied upon as an indicator of future performance or return.
Fintech Equity can’t stress enough; investing is risky and can result in loss of capital. Past results generated with the benefit of hindsight should not be relied upon to accurately predict future returns. Please consult a licensed adviser to see if the strategy is right for you.
Simulated results are calculated in perfect conditions without slippage. Back-testing ignores real-life issues like liquidity, taxation and human error.
Employees, associates and affiliates of Fintech Equity (and our related bodies corporate) may individually hold the stocks/securities reviewed or featured on our Website.
Fintech Equity offers a 100% money back guarantee within 14 days of first subscribing (refund period) for all services via email ([email protected]). You agree and understand that, without exception, refunds cannot be made after the initial refund period.
All information contained within a paid service or product (e.g., ASX Top 5) is confidential.
You are not permitted to share, publish, post, disclose or pass on any part of the service or product (e.g., stock recommendations) or information you are provided in a subscription service or product.
1. Modifications to the Terms
2. Modifications to the information
While we use reasonable endeavours to produce and publish timely, adequate, accurate, complete and continually accessible information on the Website, Fintech Equity does not guarantee, warrant or claim any aspect of timeliness, adequacy, accuracy, completeness or continued access.
All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Fintech Equity.
3. Errors and problems
Fintech Equity does not guarantee that the Website will be free from viruses, or that access to the Website will be uninterrupted. Some data and content on the Website are supplied by third parties without review or verification for accuracy so at no time can any information on this Website be guaranteed accurate.
4. License and Ownership
The copyright for the content on this Website is owned or licensed by Fintech Equity and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. All S&P Index Values, and all intellectual property rights therein, remain owned by the entity that licences them to Fintech Equity. No material on this Website may be reproduced, scraped, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Fintech Equity. All custom graphics, icons, and other items that appear on the Website remain the property of Fintech Equity. Use that constitutes fair dealing under intellectual property law is ok but don’t interfere or breach our intellectual property rights.
5. Data Feed
It is prohibited to use, store, reproduce, display, modify, transmit, scrape or distribute the Website’s data or information without written permission from Fintech Equity. Only "human" traffic is allowed. Scraping data or accessing the Website with a robot, script or automated program is strictly forbidden.
Fintech Equity, our suppliers or 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, and 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.
The Market Index Website contains information on financial products and financial services. No product has been verified or reviewed by Fintech Equity and Fintech Equity is not responsible for their content or accuracy including sites linked to (e.g., via advertisements).
In addition, third party advertisements (e.g., banner ads) are paid for by third party advertisers and are not endorsed by Fintech Equity. No link on the Website should be considered an endorsement.
Any information, dealings with or activity conducted with an advertiser is a matter that is solely between you and the advertiser. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
Fintech Equity will not be responsible for the illegality of, or any error in, an advertisement or advertisers' materials.
8. Fintech Equity Communication
If you provide feedback, suggestions, requests or comments to Fintech Equity, you acknowledge that: they will not be considered confidential or proprietary, and Fintech Equity is under no obligation to keep such information confidential, and Fintech Equity will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Outbound links
The Website may contain links to third-party websites and resources (“linked sites”). Fintech Equity provides these linked sites solely as a convenience to you and not as an endorsement. Fintech Equity makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Fintech Equity may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Website.
These Terms are governed by the laws of Western Australia, Australia. You agree to unconditionally submit to the jurisdiction of the Courts of Western Australia.
11. Disclaimer of Warranties
Fintech Equity, its related bodies corporate, and their respective third party licensors disclaim any and all warranties and representations, express or implied, including any warranties of merchantability or fitness for a particular purpose or use with respect to the content, information or services provided including any S&P Index Values and any information or data contained therein or the results obtained by their use or the performance thereof. none of Fintech Equity, its related bodies corporate, or their respective third party licensors guarantees the adequacy, accuracy, timeliness or completeness of the content, information or services including any S&P Index Values or any component thereof or of any communications with respect thereto. none of Fintech Equity, its related bodies corporate or their respective third party licensors shall be subject to any damages or liability for any errors, omissions, interruptions, or delays in the content, information or services including any S&P Index Values. the content, information and services including any S&P Index Values and all components thereof are provided on an “as is” basis and your use is at your own risk.
12. Limitation of Liability
Notwithstanding anything to the contrary in these terms, in no event whatsoever shall Fintech Equity, its related bodies corporate or their respective third party licensors be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to, loss of profits, trading loss, lost time, damages resulting from lost data or business interruption or goodwill, even if they have been advised of the possibility of such damages, whether in contract, tort (including negligence), strict liability or otherwise.
In no event shall the maximum cumulative liability of Fintech Equity its related bodies corporate, or their respective third party licensors under these terms, regardless of the form(s) of action, exceed the fees paid by you to Fintech Equity in the year such liability is alleged to have arisen.
No action, regardless of form, arising from or pertaining to these terms, may be brought by you more than one (1) year after such action has accrued.
If the assets or business of Fintech Equity or our related bodies corporate is sold, all subscribers will be assigned to the purchaser of the business. You agree that Fintech Equity can assign your subscription to a purchaser of the business. We will notify you about any assignment. If you continue to use the Fintech Equity services after we have told you about the assignment, you will be deemed to have accepted the assignment.