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Kalkine Professional - Subscription Terms & Conditions

Kalkine Professional - Terms & Conditions

Kalkine Pty Limited ABN 34 154 808 312 (Kalkine, we, us and our) owns and operates the website [https://kalkine.com.au/ ] (Website) and our related mobile or software application (App). Kalkine holds an Australian Financial Services Licence (No. 425376) to provide general advice to retail and wholesale clients.

Kalkine Professional provides digital access to Kalkine’s premium research content as curated by financial and technical analysis experts for financial industry professionals (“Customer(s)”, “you”, “your”).

This Kalkine Professional Terms & Conditions is incorporated into an order form executed between the Customer as set out in an order form and Kalkine. The Agreement sets forth the terms and conditions that govern the provision, access, and use of all services, products, websites, and platforms offered by Kalkine as part of Kalkine Professional (collectively, the “Services”) and, along with Customer’s order form, forms the agreement (the “Agreement”) between Customer and Kalkine.

This Agreement is effective as of the date you first click “I agree” (or similar button or checkbox), enter into a written order form, or use or access the Services, whichever is earlier (the “Effective Date”). You indicate your assent to this Agreement by clicking “I agree” (or similar button or checkbox) at the time you register.

Access to and use of the Service is subject to this Agreement. By using the Service, you are agreeing to all of the Agreement, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Agreement.

The Service is meant only for Customers mentioned above. If you are a retail consumer or are otherwise browsing Kalkine Website or App (not being a Customer), kindly refer the Terms meant for retail consumers.

Any use of the Services by a person shall be dealt with as if the person subscribed as a Customer and consented to be abided by this Agreement.

If you sign up for the Service using an email address from your employer or another entity, then:

(a) you will be deemed to represent such party, and

(b) your click to accept will bind your employer or that entity to this Agreement.

If you are subscribing on behalf of your employer or another entity, you represent and warrant that:

  1. you have full legal authority to bind your employer or such entity to this Agreement;
  2. you have read and understand this Agreement; and
  3. you agree to this Agreement on behalf of the party that you represent.

If you do not have the legal authority to bind your employer or the applicable entity, please do not click “I agree” (or similar button or checkbox) that is presented to you.

Services

Subject to this Agreement and payment of the applicable subscription fees, Kalkine shall make the Services available to the Customer during the subscription term for Customer’s internal business and/or professional use.

Kalkine may, at its sole discretion, offer free or discounted temporary subscription to the Services (a “Trial(s)”) on its Website. All Trials will be subject to this Agreement. At the end of the designated Trial period, in order to continue using the Service, Customer will be required to subscribe to the Service at Kalkine’s then-current subscription fees.

Amendments to Agreement

Kalkine reserves the right to amend this Agreement from time to time. If we do, the new Agreement will be posted on our website. Your continued use of the Website or App after the amendments take effect will represent an agreement by you to be bound by the Agreement, as amended.

If we make any substantial changes to the Agreement, we may also attempt to notify you via email or any other means. We will provide you with reasonable notice of any changes, unless we reasonably believe that the change is not to your disadvantage.

Website

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.

Third party linked sites, content or services

Our Website or App may contain links to  third party websites (Linked Sites) or other content, information and material, provided by third party providers which is not operated by Kalkine. We have no control over the Linked Sites, information , content or other material and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access such material, it  will be subject to the terms of such Linked sites or third party vendor.

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.

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, is available at following LINK .

Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

Prohibitions

You must not misuse our Website or App. You must not:

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.

Subscriptions

Intellectual Property Rights

You must not:

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.

Information

The information Kalkine provides via the Services is general information only and it does not take into account  investment objectives, financial situation or needs of any individual. 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 our 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.

Financial Services Guide

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:

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:

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.

Indemnity

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:

Variation

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.

Breach

If you breach this Agreement, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete or deactivate your account.

Assignment

These Agreement, and any rights granted to you under these Agreement, cannot be transferred or assigned by you to a third party.

Waiver

Relationship of the Parties

Exclusivity

During the term of this Agreement, Kalkine shall be the exclusive provider of the Services. The Customer shall not seek or accept similar services from other providers unless the prior written approval is obtained from Kalkine.

Enforceability

If any provision of these Agreement is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Agreement in that jurisdiction. This will not affect the remaining provisions.

Governing law

Last updated – 22/05/2023