Benwest Investment Services Pty Ltd ("Benwest") Website Terms & Conditions
By using this site, you agree to the Internet Privacy Policy of the Benwest website ("the website") and terms and conditions herein.
No investment advice provided to you
Unless otherwise expressly stated to the contrary, this website is not designed for the purpose of providing personal financial or investment advice. The information provided does not take into account your particular investment objectives, financial situation or investment needs.
You should assess whether the information on this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information on this website. You can either make this assessment yourself or seek the assistance of any adviser.
User name, password and PIN
You are responsible for the confidentiality and use of your username, password, PIN and any other security identification code ("Logon ID") and will notify Benwest immediately if you become aware of any loss or theft or unauthorised use of your Logon ID or any part thereof. You will use your Logon ID to access the Services only in accordance with instructions issued by Benwest from time to time.
Limited right of access
Benwest grants to You for your use only, a limited non-transferable, non-exclusive right to access the Benwest website for the purpose of using the Services. Benwest is not obliged to accept your application and reserves the right to withdraw or suspend your access to the Benwest website and the Services at any time without any reason whatsoever.
You agree to pay subscription fees and charges as specified by Benwest from time to time. Benwest reserves the right to vary such fees and charges, and the method of charging at any time without prior notice.
Third party offers
This website may contain references to special offers or promotions by persons who are not a part of Benwest. Subject to any applicable law which cannot be excluded, Benwest makes no warranties or representations regarding these references or offers. By using this website, you indemnify Benwest against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.
Disclaimer and limitation of liability
To the maximum extent permitted by law, Benwest will not be liable in any way for any loss or damage suffered by you through use or access to this website, or Benwest's failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.
General conditions
These Terms and Conditions are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
Copyright
Except where necessary for viewing the information on the Benwest website on your browser, or as permitted under the Copyright Act 1968 (Cth), other applicable laws or these Terms and Conditions, no information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed or transmitted in any form by any process without the prior written consent.
TERMS AND CONDITIONS OF ONLINE ACCESS
In consideration of Benwest Investment Services Pty Ltd ABN 88 003 352 707 ("Benwest") providing its services to the Client ("You"), You agree to abide by the following terms and conditions:-
1. Definitions
In these terms and conditions:
"Benwest Site" means the internet web site www.benwest.com;
"Derived Information" means any part of the Information or any data derived in any way from the manipulation of the Information or any part of the Information;
"Information" means information including (but not limited to) stockmarket information, news, updates, analyses, data and research materials relating to securities which Benwest has access from time to time;
"Information Providers" include Sanford Securities, the Australian Stock Exchange Limited and its related corporations, and independent providers of news, research and reporting services;
"Services" means all or any of the online services provided by Benwest from time to time.
2. Limited Right Of Access
2.1 Benwest grants to You for your use only, a limited non-transferable, non-exclusive right to access the Benwest Site for the purpose of using the Services.
2.2 Benwest is not obliged to accept your application and reserves the right to withdraw or suspend your access to the Benwest Site and the Services at any time without any reason whatsoever.
2.3 You agree to pay subscription fees and royalty charges as specified by Benwest from time to time. Benwest reserves the right to vary such fees and charges, and the method of charging at any time without prior notice.
3. Username, password and PIN
3.1 You are responsible for the confidentiality and use of your username, password, PIN and any other security identification code ("Logon ID") and will notify Benwest immediately if you become aware of: (a) any loss or theft or unauthorised use of your Logon ID or any part thereof; or (b) any failure to send or receive any, or any accurate electronic message.
3.2 You will use your Logon ID to access the Services only in accordance with instructions issued by Benwest from time to time.
4. Acknowledgements
4.1 You acknowledge that the use or access of the Benwest Site will not be free from any fault, error or defects in design or engineering.
4.2 You acknowledge that the transmission speed, format or content of the Information may be changed without any prior notice.
4.3 You acknowledge that: (a) the Information has been prepared and distributed for general information only, and without consideration to the investment objectives, financial situation or particular needs of the user or any person, and any of the Information is not a recommendation that a particular course of action is suitable for any particular user or person; and (b) the information may not be appropriate to You and any decision should be based on your own judgement or on independent advice, but in no case should reliance be made on the Information or any part of it.
5. Use of information
You must not either alone or in conjunction with any other person: (a) supply or make available or permit to be supplied or made available the Information or Derived Information to any third person; or (b) store, process or deal with the Information or Derived Information in any way except for your own personal use; or (c) allow any person to gain access to the Information.
6. Release
6.1 You release Benwest, the Information Providers, their employees and agents from any obligation or liability of any kind to or through You with respect to the transmission, provision, or use of the Information or any part thereof and, without limiting the generality of the foregoing, for any delays, interruptions, errors or omissions howsoever occasioned (including negligence).
6.2 Benwest, the Information Providers, their employees and agents do not give any representations or warranties as to the availability, accuracy, completeness, currency or reliability of the Information or the results to be obtained from the Information; and they expressly disclaim all and any liability (including negligence for any act or omission) to You or any person for any damage or loss resulting from the use of or reliance on the Information or any part thereof.
6.3 You release Benwest, the Information Providers, their employees or agents from any liability to You or any person for any damage or loss resulting from: (a) any delay, fault, failure in or loss of access to the Benwest Site; or (b) any failure, malfunction or defect of electronic or mechanical equipment or telecommunication lines, telephone or interconnection defects, faults or problems, theft or sabotage, unlawful access, system crash, software errors or defects, operator errors, strikes and labour problems, or any form of force majeure.
6.4 Nothing in sub-clauses 6.1, 6.2 and 6.3 shall exclude any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void or invalid.
6.5 To the extent permitted by law, any liability to You for any reason is limited to the restoration of the service to You, but if that is not possible or appropriate, then the refund of the fees paid by You for the month in which the cause of liability arises.
7. Intellectual Property Rights
You acknowledge that all copyright and other intellectual property rights of whatever nature in the electronic means of transmission of the Information and the Information are and will remain vested in Benwest or the Information Providers or any of them. You will promptly notify Benwest of any improper or unlawful use of the Information or infringement of any of the copyright or other intellectual property rights in the Information which comes to your notice.
8. Variation and termination
Benwest may vary and either party may terminate this Agreement (subject to the settlement of any outstanding liabilities) by giving not less than 5 business days written notice to the other party. But Benwest may terminate this Agreement without notice if You are in arrears in your payments or You are in default of any condition.
9. Applicable law
This Agreement shall be governed by the laws of the State of New South Wales, and the parties submit to the jurisdiction of the courts of that State, but Benwest may commence proceedings in another competent jurisdiction.