Kalkine Pty Limited ABN 34 154 808 312 (Kalkine, we, us and our) owns and operates this website (Website) and our related mobile or software application (App). Kalkine holds an Australian Financial Services Licence (No. 425376).
Access to this Website and App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website or App.
- You must not misuse our Website or App. You must not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Services; corrupt data; or cause annoyance to other users;
- infringe upon the rights of any other person;
- send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
- attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Website.
Breaching this provision may constitute a criminal offence and Kalkine may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data or other proprietary material due to your use of our Website or App or due to your downloading of any material posted on them, or on any Linked Sites.
- Free Trial
- If you wish to access our Free Trial, you will need to become a subscriber by providing us with your contact details and other relevant information as requested to complete the sign-up.
- To become a subscriber, you are required to create an account. You are responsible for maintaining the confidentiality and security of your account and password. If you have not notified Kalkine that the security of your password has been compromised, Kalkine will be entitled to assume that all activity connected to your account is conducted by you (or on your behalf). You are liable for all actions of people using your password.
- We reserve the right to amend the security procedures for access to the Services at any time.
- A Free Trial of up to 07 days is available to the subscribers. Free Trial is available only once per user and existing users of Kalkine may not be eligible for the Free Trial. Kalkine solely reserves the right to amend the terms/offer for the Free Trial and approval of a Free Trial is at Kalkine’s sole discretion.
- To continue using our Services beyond the Free Trial, you will be required to purchase a Kalkine subscription via a valid payment method. Further billing with continue in accordance with the selected Kalkine subscription and the payment cycle stated at the time of payment.
- Access to Free Trial
- Intellectual property, software and content
The intellectual property rights in all software and content made available to you on or through our Website and App remain the property of Kalkine or its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Kalkine operates. All such rights are reserved by Kalkine and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website or App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine.
The information Kalkine provides via the Services is general information only and it does not take into account your investment objectives, financial situation or needs. The information available on the Services has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. All information represents our views as at the date of publication and may change without notice.
Please note that Kalkine is not in the business of providing personal advice. The information provided via the Services is general information only and, in providing the information, Kalkine is not assuming a duty of care to you. You should therefore consider whether the information is appropriate to your investment objectives, financial situation and needs before acting upon it. You should seek advice from a financial advisor, stockbroker or other professional (including taxation and legal advice) as necessary before acting on any information provided via the Services. Not all investments are appropriate for all people.
There may be a product disclosure statement or offer document for the securities and financial products we write about in Kalkine's subscription products and services. You should obtain a copy of the product disclosure statement or offer document from the product issuer before making any decision about whether to acquire a product or security.
Please note that past performance is neither an indicator nor a guarantee of future performance.
Our Financial Services Guide (FSG) contains important information about the Services provided by Kalkine. You must read our FSG and consider it in light of your own circumstances before acting on any advice. Click here to read our FSG.
- Disclaimer of liability
- Subject to any non-excludable consumer guarantees set out in the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001, Kalkine makes no warranty, guarantee or representation about:
- the accuracy, reliability, completeness or timeliness of any information provided on or accessed via the Services;
- the merchantability or fitness for a particular purpose of any of the products or Services referred to or accessed via the Website, the App or any Linked Website;
- the security of any information you transmit to Kalkine; or
- the Website, the App or any Linked Sites being free from viruses, the Services operating uninterrupted or error free and any errors or defects being corrected.
Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services resupplied.
- To the fullest extent permitted by law, Kalkine, its directors, officers, employees, consultants, agents and affiliates are not liable for any loss or damage whatsoever, including but without limitation for any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, which you may directly or indirectly suffer in connection with or arising out of or related to:
- your access to, or use or performance of, our Services, Website, the App or Linked Sites; or
- your access to, or use or reliance on information provided in or accessed via our Services, Website, App or Linked Sites,
irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This does not affect Kalkine’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Kalkine, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:
- your access to and use of our Services, the Website, the App or any Linked Sites;
- reliance by you on any information provided on or accessed via our Services, the Website, the App or any Linked Site; or
We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Website or App.
- If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
- Governing law
- Our Website and App may be accessible from outside of Australia. We make no representation that our Website and App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website or App from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.