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:

• 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 subscribers;
• infringe upon the rights of any other person;
• 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.

Subscriptions

• If you wish to subscribe to our Services, you will need to become a subscriber by providing us with your contact details and paying the relevant subscription fee.
• 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.
• We reserve the right to review and alter our prices for Services at any time. Kalkine’s right to amend pricing relates to pricing listed on the Services and not to existing purchased subscriptions.
• Each subscription must be paid in full prior to starting the subscription period.
• We will cancel your subscription if the subscription period is not paid in advance or if you give us written notice that you wish to cancel the subscription within 14 days of taking out your subscription. The 14 day window for cancelling a subscription and seeking a 100% refund is only available to new subscribers (not past or existing subscribers).
• You will not be entitled to any refund or subscription fees if you decide to cancel your subscription anytime during the subscription period (after the initial 14 day period has ended).
• Cancellations must be notified in writing via email or post to Kalkine Pty Ltd, PO Box H38, Australia Square NSW 1215.

Intellectual Property Rights

• All material published on our Services is owned or provided under licence by Kalkine (may be licensed to Kalkine by third party providers). The content on the Services and/or in our publications is not to be copied, reproduced, forwarded, or disclosed without our prior written permission.
• All content other than user content, including all features, software, graphics, design, code, compilation of user content, aggregate reviews and ratings, and all other components of the Services remain the property of Kalkine or its licensors. Kalkine solely owns and shall retain, all rights, title, and interest in all intellectual property including without limitation, trademarks, service marks, logos, trade names, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship and confidential information. Other product or company names referred to on the Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name or trade name of Kalkine or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name or trade name.
• No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted, are reserved by Kalkine.
• Morningstar, Inc. – Certain information contained in our Services: (1) is proprietary to Morningstar Inc. and/or its content providers; (2) may not be copied or distributed ; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

You must not:

• systematically copy (whether by printing off onto paper, storing on disk or in any other way) content of the Services;
• disclose content of our services to any third party unless to the extent, and for the purposes, required by applicable law (and Customer will promptly notify Kalkine of such legal requirement);
• remove, change or obscure in any way anything on the Services or otherwise use any material contained on the Services except as set out in these Terms and Conditions;
• reproduce, retransmit, disseminate, sell, publish, broadcast, nor the Services and anything available from the Services be used in connection with creating, promoting, trading, marketing investment products without the express written consent of Kalkine or its information providers; or
• use the Services or content therein for unlawful purposes and you shall comply with all applicable laws, statutes and regulations at all times.

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:

• 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 the Service referred to or accessed via the Website, the App or any Linked Sites;
• 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.

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:

• 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
• your breach of the Agreement.

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

• If we fail to exercise or delay in exercising any right, power or remedy, we do not waiaive the right, power or remedy.
• If we do not act in relation to a breach by you of these Agreement, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

Relationship of the Parties

• The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between 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

• These Agreement are governed by and construed in accordance with the law for the time being in force in New South Wales and you, by agreeing to these Agreement, are deemed to have submitted to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
• 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.

Last updated – 22/05/2023