Terms of Use

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

All use of this Service is conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. The Website, and all accompanying documentation, are protected by copyright laws and may only be used in accordance with this Agreement. By accessing the Website, You will be taken to have accepted the Agreement and be legally bound by it.

DEFINITIONS

Bourse Data is the exclusive owner and operator of www.marketmood.com.au (“Website”).

"Bourse Data" means Bourse Data Pty Limited (ACN 101 774 234).

"Bourse Data Intellectual Property" means Intellectual Property in the Website, Bourse Data websites, Software, accompanying documentation and the access code (if applicable).

“Data” or “Derived Information” means all information provided on the Website by Bourse Data or its affiliates, and may be used interchangeably.

"You" refers to the user of this website and its related services, and as such you have gained the right to use this Website by respecting the applicable Terms of Use described in detail below.

As used in this Agreement, "we" and "us" means MarketMood, Bourse Data or any successor or assign of MarketMood.

"Service(s)" refers to your use the Website for any purpose whatsoever.

OVERVIEW

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Website and all Services offered by Bourse Data. By using this Website you are indicating that you agree to be bound by all of the terms in this Agreement.

We reserve the right, at any time, to change or modify the terms and conditions applicable to this Website. Such changes will become effective upon posting a revised Agreement on this Website, which you can access at any time using the "Terms" link. Your continued use of our Service after such a change shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.

USE OF THE WEBSITE AND DERIVED INFORMATION

You must not:
  • copy, redistribute, republish, re-distribute, re-disseminate or publish the Derived Information except for internal purposes only;
  • use the Website or any Derived Information in any manner or for any purpose that is unlawful or in any manner that violates any right of Bourse Data or its Affiliates;
  • restrict or inhibit any other user from using the Website or any Derived Information;
  • post or transmit during access to the Website any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any act which may constitute or encourage anyone to commit a criminal offence, or which may give rise to civil liability or may otherwise violate any law;
  • post or transmit during access, to the Website, anything which contains, or may contain a virus or other contaminating or destructive property to Software;
  • delete or amend any statement or other information on the Website or tamper with the Website or attempt to do so; or
  • give the unique access code, referred to in clause 2.4(a)(1), to any other person, or allow any other person to access the Website using your access details without Bourse Data’s express written permission

This clause will continue to apply after termination of this Agreement.

CONDITIONS OF USE OF DERIVED INFORMATION

If at any time an Affiliate, or Bourse Data on behalf of an Affiliate, gives you notice of any restrictions or conditions as to your use of any Data or Derived Information, You must comply with and observe those restrictions and conditions.

CHARGES

The website is available free for public non-commercial use.

PRIVACY OF INFORMATION

The Privacy Act ("the Act") regulates the way private sector organisations within Australia collect, use, keep, secure and disclose personal information. "Personal Information" means all information about an identifiable individual. Bourse Data recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our Service.

We recognise our professional obligation to maintain the confidentiality of our users' information, and recognise our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.

Bourse Data will not use or disclose your personal information for purposes other than those described in this policy.

Bourse Data may also use third-party companies to provide various Services (including but not limited to advertising) when you use this Website. If you use those Services, the internet protocol address (IP address) of the computer you are using to access the Website may be disclosed to those third-party companies, and we may use attributes to display relevant ads to you. Bourse Data is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site.

We do not share any personal information with third parties and will only disclose personal information to a third party where required to do so by law.

You may not use the Service for any unlawful purpose. If you use this Service unlawfully we will pass along all information to law enforcement.

COOKIES

When you visit the Website, we send one or more cookies - a small file containing a string of characters - to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our Service, including for storing user preferences potentially for watchlists, tracking user trends, such as what searches are the most popular.

USER AGREEMENT

This Agreement constitutes your agreement with Bourse Data with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue to use the Service.

RIGHT TO USE

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

OWNERSHIP OF INTELLECTUAL PROPERTY

You acknowledge and agree that, except for any rights expressly granted to you to use or access the Website or Derived Information in this Agreement:

  • the Bourse Data Intellectual Property belongs to and remains the property of Bourse Data;
  • You must not, at any time, directly or indirectly, do or cause to be done, any act which infringes any Bourse Data Intellectual Property and, without limiting the foregoing, You specifically acknowledge that You may not reproduce or copy the Website or the access code, except as otherwise expressly authorised by the Agreement;
  • the Derived Information and all Intellectual Property therein belongs to and remains the property of Bourse Data or its Affiliates (as the case may be);
  • You do not have any licence or right to use any trademark displayed by or on the Website or in the Derived Information without the express written permission of Bourse Data or the owner of the trademark, if Bourse Data does not own it;
  • nothing in the Website will be construed as granting You any licence or right to use any trademark displayed by or on the Website or in the Derived Information;
  • You must not, at any time, directly or indirectly, do or cause to be done anything which does, or may, infringe those trademarks or diminish the value of those trademarks to Bourse Data. The obligations on you pursuant to this clause will survive termination of this Agreement and continue to bind you.

CODE OF CONDUCT

You agree to use the Service in accordance with the following Code of Conduct:

  • you will keep all information provided to you through the Service as private and confidential unless the information can be publicly obtained;
  • you will not use the Service to engage in any form of harassment or offensive behaviour;
  • you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
  • violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
  • is fraudulent or otherwise unlawful or violates any law; and
  • you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or Services.
  • you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Bourse Data systems or to third party systems in any way.

MONITORING OF INFORMATION

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

REMOVAL OF INFORMATION

We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of public postings, messages and other materials you may upload to the Service or users of the Service.

TERMINATION OF ACCESS TO SERVICE

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

PROPRIETARY INFORMATION

The Service contains information which is proprietary to us and our partners. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

NO RESPONSIBILITY

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

SECURITY

You are responsible for all usage or activity on the Service.

EXTERNAL LINKS

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You understand and agree that you use the Website and its related services at your own risk. The Services are provided on an "as is" basis without representation or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.

Bourse Data provides Derived Information on to stock exchanges, companies, business news and related Services through the Website and other means of distribution. Bourse Data does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on the Website. Due to the number of sources from which content distributed by Bourse Data is obtained, there may be delays, omissions or inaccuracies in such content. You acknowledge that use of the Service is at your own risk and you must obtain your own advice, financial or other, before acting on any information provided by the Website. We do not represent or endorse the accuracy or reliability of any Data source or third party provider or other information displayed, uploaded or distributed through the Services by Bourse Data, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such information contained on the Website shall be at your sole risk. Your continued use of the Service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications.

You hereby acknowledge and agree that under no circumstances will Bourse Data, its officers, directors, employees, agents and third party content or Data providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Bourse Data as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Bourse Data Service or out of breach of any warranty or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to and/or alternation of the Website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Bourse Data has been advised of the possibility of such damanges.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless Bourse Data and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable lawyers' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Bourse Data reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Disclaimer Regarding Investment Advice

The Derived Information is based on information about securities that is publicly available. In order to allow users to interpret this information, the Bourse Data System produces technical indicators by applying formulae. These indicators are then presented in charts. These indicators do not in themselves indicate whether a security should be bought or sold and, therefore, should not be regarded as advice to do so.

  • The Derived Information is not suitable to be acted upon as investment advice; and
  • It is advisable to seek independent advice before making any investment decisions relying on the Derived Information provided.

This clause will continue to apply after termination of this Agreement.

MISCELLANEOUS

This Agreement represents the entire agreement between you and Bourse Data regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Victoria, Australia. As a condition of using the Website' Services, each user agrees that any and all disputes and causes of action arising out of or connected with the Website, shall be resolved through arbitration, with such arbitration to be held in Victoria, Australia.

Additionally, except where prohibited by law, as a condition of using the Website' Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Bourse Data. Bourse Data may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

MODIFICATIONS

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

DISCLOSURE AND OTHER COMMUNICATION

If we have obtained the required information, we reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Bourse Data related products and Services on the Website or any of our partners or third party providers. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

SUBJECT TO LAW

No exclusion of implied terms, or disclaimer, or limitation of liability contained in this clause applies to the extent that it is prohibited by the law.

GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of the State of Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.