Terms of Use

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 and use of this Website, our App and the products and services available through our Website and App (collectively Services) is subject to the following terms and conditions (Terms of Use). These Terms of Use are applicable only if you have purchased the digital subscription online via our Services and not through a telemarketing call. By using the Services, you are agreeing to all of the Terms of Use, 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 Terms of Use.

• Amendments to Terms of Use

Kalkine reserves the right to amend these Terms of Use from time to time. If we do, the new Terms of Use will be posted on our Website/App or sent via email to Kalkine account holders, to notify you of the change. We will provide you with reasonable notice of any changes, unless we reasonably believe that the change is not to your disadvantage. Your continued use of the Website or App after the amendments take effect will represent an agreement by you to be bound by the terms and conditions, as amended.

• Website

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.

• Linked sites

Our Website or App may contain links to other websites (Linked Sites), which are not operated by Kalkine. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

• Privacy Policy

Our Privacy Policy, which sets out how we will use your information, is available at [https://kalkine.com.au/cms/privacy-policy]. 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 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.

• Digital Subscriptions and Payments
  • If you wish to access our digital subscription, you will need to become a subscriber by providing us with your contact details and paying the relevant subscription fee.
  • 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.
  • When you purchase a digital subscription, the price will be made clear during the order process. You agree to pay the price as notified at the time of your order, as well as any applicable taxes or processing fees charged by issuing bank/payment provider. Please note that the price may be rounded off to the nearest whole numerical value. Each subscription must be paid in full prior to starting the subscription period.
  • When you place an order, we will provide a secure (SSL, encrypted) connection and require you to submit only the information needed to complete and fulfil your order.
  • Digital subscription charges are based on the subscriptions purchased regardless of actual usage.
  • It is your responsibility to provide correct and valid payment details. By submitting payment details you confirm that you are entitled to use those payment details. Unless specified otherwise under these Terms of Use, fees once paid are non-refundable.
  • If the payment for your digital subscription is unsuccessful for an order already accepted by us, we may notify you of such dishonour and immediately cancel your digital subscription.
  • If your initial payment authorisation is revoked, your digital subscription will be terminated immediately. We reserve the right to reject the digital subscription order at any time.
• Access to digital subscription

Kalkine will process activation of the digital subscription within a period of 24 hours, post we have successfully verified your payment and contact details; at which point we will send you an acknowledgement email with username and password to your account along with the access information to your digital subscription. You must only use the digital subscription for your personal, non-commercial use and in accordance with these Terms of Use and any applicable law.

• Billing of subscription

You will be charged for your digital subscription at the beginning of the subscription via a valid credit card or other payment method. Further billing with continue in accordance with the payment cycle stated at the time of payment.

Kalkine digital subscriptions are renewed automatically at the end of each billing cycle. Before the end of the subscription period, we will inform you in advance of the expiry date of your current subscription cycle and forthcoming renewals; allowing you to cancel the subscription, if you so please.

For facilitating renewal, we will use your last used payment method to renew the subscription and you will be automatically charged the then-current price for your subscription. You agree to keep the payment method and other required information up to date. If your payment is not processed or your payment method returns invalid, we will intimate you of such invalidity and re-attempt to charge the payment in the next 24 hours. Upon three unsuccessful attempts to charge payment, your digital subscription will stand expired.

• Pricing and Cancellation

We reserve the right to review and alter our prices for subscriptions at any time. You may notify us of your intent to cancel at any time by contacting our customer service department. Please note that only future charges associated with your subscription will be cancelled upon your request and you will not receive a refund for your current subscription cycle. Further, cancellation for digital subscription will become effective at the end of your current billing period only. You will continue to have the same access and benefits until the end of your current billing period. Digital subscriptions are non-refundable unless otherwise provided under applicable law.

• 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.

• Information

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 reports. 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 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.

• 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 Terms of Use.

• 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 these Terms of Use, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete or deactivate your account.

• Assignment

These Terms of Use, and any rights and licences granted to you under these Terms of Use, 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 waive the right, power or remedy.
  • If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
• Enforceability

If any provision of these Terms of Use 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 Terms of Use in that jurisdiction. This will not affect the remaining provisions.

• Governing law
  • These Terms of Use 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 Terms of Use, 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.

If you have any queries relating to these Terms of Use, please contact our customer service department at [email protected] or via phone 02 8667 3147 or by writing to us at Kalkine Pty Ltd, P.O. Box 38, Australia Square, NSW 1215.

Last Updated: 22 Oct 2021