Terms of Use

Dated: 12 April 2021

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.

Summary

All information produced by Market Index is 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 Market Index and its services and products entirely at your own risk and fully indemnify (hold harmless), without reservation, Market Index and its associates, employees, directors, contractors, partners and subsidiaries. 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.

Please also read our:

Privacy Policy, Data Disclaimers, Financial Services Guide

 

Terms and Conditions of Use

A warm welcome to Market Index!

Important information is contained in these terms so please read them fully and carefully.

Market Index Pty Ltd (ACN 600 705 155), acting as the trustee for the Market Index Trust (ABN 89 437 529 204) and a Corporate Authorised Representative (001284499) of FinTech Equity Pty Ltd (ACN 637 943 803) AFSL #521588, is referred to in this document as “Market Index”, “we”, “our” and “us”.

Market Index operates the Website MarketIndex.com.au (including all sub-domains and sub-pages) and its related services.

This document, along with the Privacy Policy, Data Disclaimers, Financial Services Guide and any additional notices, conditions, terms or disclaimers on the Website or in related material, sets out the terms on which you may access or use the Website or 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.

Description of Services

Market Index 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.

General Advice

All information provided by Market Index is general advice only. You understand and acknowledge that we have not considered your individual financial situation, circumstances, needs and objectives in any of our products or services. You should consider your own individual financial situation, circumstances, needs and objectives as it relates to the information.

When using Market Index 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.

Risk Warning

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.

Market Index 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.

Performance Disclaimer

Simulated results are calculated in perfect conditions without slippage. Back-testing ignores real-life issues like liquidity, taxation and human error.

Shareholding Disclosure

Employees, associates and affiliates of the Group may individually hold the stocks/securities reviewed or featured on Market Index.

Refund Policy

Market Index 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.

Confidentiality

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.

 

Additional Terms

1. Modifications to the Terms
Market Index may revise and update these terms of use at any time. Your continued access/usage of the Website after any changes to the Terms of Use, Privacy Policy, Data Disclaimers or the Financial Services Guide will mean you accept those changes and agree to be bound by them.

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, Market Index 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 Market Index.

3. Errors and problems
Market Index 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 Market Index and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. 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 Market Index. All custom graphics, icons, and other items that appear on the Website remain the property of Market Index. 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 form Market Index. Only "human" traffic is allowed. Scraping data or accessing the Website with a robot, script or automated program is strictly forbidden.

Market Index, 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.

6. Advertising
Market Index contains information on financial products and financial services. No product has been verified or reviewed by Market Index and Market Index 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 Market Index. 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.

Market Index will not be responsible for the illegality of, or any error in, an advertisement or advertisers' materials.

7. Privacy Policy
The Privacy Policy governs the use of collected personal information requested from or provided by you to Market Index. These terms are intended to be read in conjunction with the Privacy Policy.

8. Market Index Communication
If you provide feedback, suggestions, requests or comments to Market Index, you acknowledge that: they will not be considered confidential or proprietary, and Market Index is under no obligation to keep such information confidential, and Market Index 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”). Market Index provides these linked sites solely as a convenience to you and not as an endorsement. Market Index 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. Market Index 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.

10. Jurisdiction
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
Market Index makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose

12. Limitation of Liability
If Market Index is found responsible for any damages, Market Index is responsible for actual damages only. In no event shall Market Index be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website.