If you use any of the FRG Sites, you agree to be bound by these terms. Fairfax reserves the right to change these terms by posting changes online. It is your responsibility to check the terms regularly. Your continued use of the FRG Sites after any changes are made to these terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by the terms and any changes made to them.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the FRG Sites.
Accuracy of information
All material on the FRG Sites is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication. Your use of the FRG Sites is at your own sole risk. Access to the FRG Sites is provided on an “as available” basis. Unless expressly stated otherwise, neither Fairfax nor its related bodies corporate, its or their directors or employees or any Content Provider (collectively, the “Protected Parties”) makes any representation or warranty that any material on any of the FRG Sites will be reliable, accurate or complete or that your access to any of the FRG Sites will be uninterrupted, timely or secure.
Neither Fairfax nor any of the Protected Parties will be liable for any damage or loss resulting from any errors in or omissions from the material on the FRG Sites, nor any action or decision by you in reliance on the material on the FRG Sites, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software. Fairfax reserves the right at any time without prior notice to change or discontinue any feature of the FRG Sites and to change the presentation or substance of the material on the FRG Sites if required to do so by reasons outside its control or if the material is changed or ceases to be provided for any reason by a Content Provider.
General information - non advisory
The material on the FRG Sites provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account the investment objectives, financial situation or needs of any individual investors. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. None of the material on the FRG Sites constitutes, and must not be construed as, an offer of securities or other financial products. Nor is it an invitation or recommendation to you to deal in securities or other financial products.
Copyright and intellectual property
The material on the FRG Sites is copyright protected and in some cases is published by Fairfax under licence. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, distributed, sold or resold, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of Fairfax or the appropriate Content Provider or other supplier or licensor of Fairfax.
The Australian Financial Review, afr.com, the Financial Review logo and the newspaper mastheads on afr.com and the other FRG Sites are trademarks or registered trademarks of Fairfax and its related bodies corporate. Other trademarks and logos may be displayed on afr.com and the other FRG Sites from time to time. These may belong to a Content Provider or other third party. Nothing displayed on afr.com or the FRG Sites should be construed as granting any licence or right of use of any logo, masthead or trademark displayed, without the express written permission of the relevant owner.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on the FRG Sites from time to time. These websites do not form part of the FRG Sites and are not under the control of Fairfax or its related bodies corporate and neither Fairfax nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you link to any such websites, you leave the FRG Sites and do so entirely at your own risk. The FRG Sites displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Fairfax or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on the FRG Sites, including via e-mail, Fairfax accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Your use of the FRG Sites
Without limiting any other provision of these terms and conditions, you may not use or permit the use of any part of the material on the FRG Sites:
- to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution; or
- other than for your own personal use or in the ordinary course of your own business (which shall not include the dissemination of the material to third parties);
- to establish, maintain or provide, or assist in establishing, maintaining or providing a financial market (other than one authorised by law) for trading in securities or other financial products; or
- for any illegal purpose.
You agree to abide by all applicable laws and regulations in accessing and using the FRG Sites and the material on it. If Fairfax determines or suspects that you have breached these terms (including, but not limited to, by sharing your username and password in breach of the Subscription Terms), or if it is required to do so by a Content Provider because of a suspected breach by you of these terms, Fairfax may immediately suspend or terminate your access to any of the FRG Sites. You agree to indemnify Fairfax and the Protected Parties against any losses, liabilities, damages, costs or expenses suffered or incurred by them in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on the FRG Sites. Fairfax has no obligation to you to monitor your use of the FRG Sites. However, Fairfax retains the right at all times to monitor, retain and disclose any information relating to your use of the FRG Sites as necessary to satisfy any applicable law, regulation, legal process, governmental request or legal obligation. In addition, if Fairfax reasonably suspects any misuse of any FRG Site or information or content supplied by way of any FRG Site, Fairfax may, on giving you at least 10 days notice in writing, audit all records, systems, attachments, apparatus, books and records or other such material to verify your compliance with this Agreement. Any audit will be conducted during normal business hours and subject to your reasonable security and confidentiality requirements. If any audit by Fairfax discloses any breach of this Agreement, you will pay, within 30 days of us notifying you, any underpayment and our reasonable audit costs or any reasonable estimate of any discrepancy discovered pursuant to such audit arising from your misuse of any FRG Site product or service.
Disclosure of benefits
Reports and newsletters offered for sale or subscription by a Content Provider may from time to time be referred to or advertised on the FRG Sites. Fairfax or its related bodies corporate may receive a referral commission based on sales or subscriptions of such reports and newsletters taken up by users of the FRG Sites. Fairfax has entered into agreements with Content Providers under which it pays a fee for the information and data provided by the Content Providers. Except as outlined above, Fairfax does not receive any commissions or other benefits from Content Providers based on the material you access or use on the FRG Sites.
Limitation of liability
Fairfax and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of the FRG Sites and the material on it that may be implied by law are excluded. To the extent Fairfax supplies goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Fairfax’s option, to:
- in the case of services supplied or offered by Fairfax, the re-supply of those services or the payment of the cost of having those services re-supplied; and
- in the case of goods supplied or offered by Fairfax, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or the payment of the cost of having the goods repaired.
Subject to the above qualifications, you expressly agree that in no circumstances will Fairfax or the Protected Parties be liable to you for any damage or loss (including, but not limited to, any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of Fairfax or a Protected Party) suffered or incurred by you in connection with your use of the FRG Sites.
In entering into this agreement with you and obtaining the benefit of any exclusion of liability, disclaimer or indemnity, Fairfax acts on its own behalf and as trustee for each of the Protected Parties. Where specific provisions of these terms and conditions relate to a particular Content Provider, they are not intended to limit or otherwise affect the application of other general provisions to Fairfax or other Content Providers. These terms and all other additional terms which govern your use and access to the FBM Sites will be governed by and construed in accordance with the laws of New South Wales, Australia.
Trading platforms and portfolio information
Securities trading platforms operated by a third party may be accessed from within afr.com. These trading platforms do not form part of afr.com and are not under the control of Fairfax or its related bodies corporate and neither Fairfax nor its related bodies corporate have any responsibility for the content or operation of any such trading platforms. If you access a securities trading platform from within afr.com, you do so entirely at your own risk. Any dealing in financial products through the trading platform is entered into or arranged on your behalf by the operator of the trading platform (the Operator) and not by Fairfax. The trading platform is a service provided to you directly by the Operator on the terms of your agreement with them. Fairfax has no involvement in, and is not arranging or implementing, any dealing through the trading platform.
Any portfolio information available to you through afr.com (including but not limited to CHESS holdings and contract notes) is input by you or compiled and copied from data provided electronically to Fairfax by the Operator. Neither Fairfax nor its related bodies corporate makes any representation or warranty regarding the accuracy of the portfolio information. Fairfax and the Operator may have an agreement for cross-marketing of the Operator’s online trading services and afr.com. However, Fairfax does not receive commissions on trades, or any other form of benefit based on the nature or volume of trades, initiated by you by accessing a securities trading platform through afr.com
Stock prices: delayed and real-time data
Unless expressly indicated otherwise, stock quotes displayed on afr.com are delayed by at least 10, 20, 30 or 60 minutes, as the case may be and as specified alongside the stock quote. Stock quotes indicated as “real-time” are made available without delay following their receipt from the exchange. Your actual receipt of real-time quotes may be affected by delays in transmission over the internet or other causes beyond the control of Fairfax. You should always consult a stockbroker or other authorised financial adviser to establish actual stock prices before making any stock trades or other financial decisions.
The Stock Exchange of Hong Kong information
Certain material on afr.com is provided by HKEx Information Services Limited (HKEx-IS), a wholly owned subsidiary of The Stock Exchange of Hong Kong Limited (HKSE). HKEx-IS, its holding companies and/or any subsidiaries of such holding companies endeavour to ensure the accuracy and reliability of the information provided but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
New Zealand Exchange information
afr.com contains information and data relating to securities and other financial instruments, markets, products, indices and relating to persons regulated by New Zealand Exchange Limited (NZX), activities of NZX and gathered by NZX from other sources (NZX Data) and which is provided by NZX to Fairfax. You agree that your use of the NZX Data will comply with the data policies of NZX applicable to the NZX Data as described on www.nzx.com.
IBISWorld Pty Ltd (IBISWorld) prepares industry reports for Australia which are available on afr.com. These terms and conditions incorporate the terms and conditions of IBISWorld as set out in the IBISWorld Terms below.
Dow Jones index data
Certain material on afr.com is provided by Dow Jones & Company, Inc. (Dow Jones). You may not use any indexes published by Dow Jones or its affiliates in connection with the issuance, trading, marketing or promotion of investment products (eg. derivatives, structured products, investment funds, investment portfolios etc where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with Dow Jones for that purpose.
afr.com is an online information and research application owned and operated by Fairfax Media Publications Pty Ltd (Fairfax). IBISWorld Pty Ltd (IBISWorld) prepares industry reports for Australia which are available on afr.com (IBISWorld Content).
These IBISWorld terms govern your use of the IBISWorld Content and form part of the general terms and conditions governing the supply of material on, use of and access to afr.com (the General Terms). These IBISWorld terms are not intended to exclude the application of the General Terms to IBISWorld or the IBISWorld Content, but where there is any inconsistency with the General Terms, these IBISWorld terms shall prevail to the extent of the inconsistency in applying to IBISWorld.
- You must not provide, distribute or copy to any other person or resell any of the IBISWorld Content or permit any such occurrence.
- If your access to afr.com is terminated for any reason (including at your election), you must cease using the IBISWorld Content (and all reports, data and other information produced or generated by you which are based on or include any of the IBISWorld Content) for any purpose and you must destroy all copies (hard and electronic) of any IBISWorld Content or any such report, data or information in your possession, power or custody.
- You acknowledge and agree that the IBISWorld Content and the intellectual property of whatever nature in the IBISWorld Content are and will remain the property of IBISWorld, and that you do not have any licence or right to use any trade mark displayed in the IBISWorld Content without the express written permission of IBISWorld.
- IBISWorld warrants that it will use reasonable endeavours to ensure that the data and information in the IBISWorld Content are kept up to date. You acknowledge and agree that IBISWorld and its Related Parties make no other warranty relating to the IBISWorld Content including, without limitation, as to:
- non-infringement of third party rights, merchantability, fitness for any particular purpose or use, or accuracy or completeness;
- reliability, quality or availability of the IBISWorld Content through the internet;
- the absence of viruses or other contaminating or destructive properties in the software used to gain access to or use the IBISWorld Content;or
- any reference in the IBISWorld Content to a website operated by a third party, access to or the contents of the website, or any hyperlink to gain access to the website
- IBISWorld’s and IBISWorld’s and its Related Parties’ total liability to you or any other person for breach of any of these terms and conditions or in tort (including negligence) or otherwise under or in connection with these IBISWorld terms or access to or use of the IBISWorld Content
- will not exceed the fee paid by you to access the IBISWorld Content; and
- will exclude liability for indirect, consequential or incidental loss or special or punitive damages.
- You release and indemnify IBISWorld and its Related Parties from any claim arising under or in connection with these IBISWorld terms or access to or use of the IBISWorld Content by you or any of your Related Parties or any person to whom you have given access to or provided any of the IBISWorld Content to the extent the claim relates to liability which is excluded under these IBISWorld terms.
- No exclusion of implied terms or disclaimer or limitation of liability contained in these IBISWorld terms applies to the extent that it is prohibited by law, but where liability in connection with a defect in any data or report in the IBISWorld Content may be lawfully limited to the supply of that data or report again without the defect, liability is so limited.
- You may only assign your rights under these IBISWorld terms if you obtain the prior written consent of Fairfax and IBISWorld.
- If any provision of these IBISWorld terms is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
- In these IBISWorld terms, “Related Parties” means, with respect to a person, a related body corporate of the person or any officer, employee or agent of the person or a related body corporate
Last updated: 20 Jan 2010