b. Electronic Form. By accessing the Web Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
c. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Web Site, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
You must be at least thirteen (13) years of age to register as a Member of or otherwise use the Web Site. Reliance on the MOVO Professional Advice Service is prohibited for those under (18) years of age. By using the Web Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Membership with MOVO is free. Use of the Professional Advice Services will generally incur a fee which shall be quoted prior to the use of membership services. Fees applicable to products recommended by MOVO will be detailed in the fee disclosure section of a MOVO Statement of Advice and are subject to change. The advice report will be returned within 14 business days.
This Agreement contains the entire agreement between you and MOVO regarding the use of the Web Site and/or the Professional Advice Service. If any provision of this Agreement is rendered invalid, the remainder of this Agreement shall remain in full force and effect.
The Web Site is for the personal use of individual Members and may not be used in connection with any commercial endeavours, unless prior approval is obtained in writing from an authorised representative of MOVO. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web Site for any purpose. Illegal and/or unauthorised uses of the Web Site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of the Web Site is prohibited and legal action will be taken against any infringement, including without limitation, civil, criminal, and injunctive redress. Use of the Web Site is with the permission of MOVO, which may be revoked at any time, for any reason, in MOVO's sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify MOVO of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MOVO will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature should it be active on your internet browser.
You are solely responsible for your interactions with other Members. You understand that MOVO does not in any way screen its Members, nor does MOVO inquire into the backgrounds of its Members or attempt to verify the statements of its Members. MOVO makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall MOVO be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
(a) Proprietary Rights. MOVO owns and retains all proprietary rights in and to the Web Site and the Service, and has a license to use all material posted by you and the other Members as discussed below. The Web Site contains the copyrighted material, trademarks, and other proprietary information of MOVO, and its licensors. Except for that information which is in the public domain, is considered fair use, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by MOVO, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MOVO does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Web Site. Under no circumstances will MOVO or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or transmitted to or by any Members except where specific and personalised recommendations have been made to a member as a result of undertaking the advice process and paying the requisite fee.
MOVO reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
MOVO reserves the right at any time to modify or discontinue, temporarily or permanently, the Professional Advice Service (or any part thereof) with or without notice. You agree that MOVO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Professional Advice Service. From late December to early January, standard 'working days' may be irregular due to public holidays and office closure. Statements of Advice may be returned later than originally estimated.
In order to protect the integrity of the Professional Advice Service, MOVO reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Web Site.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statutory declaration by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The mailing address is MOVO, P.O. BOX 501, Collins Street West, Melbourne, Victoria, Australia 8007.
You are solely responsible for your interactions with other Members. MOVO reserves the right, but has no obligation, to monitor disputes between you and other Members.
Use of the Web Site and/or the Professional Advice Service is governed by Australian Privacy Law.
MOVO is not responsible for any incorrect or inaccurate content posted on the Web Site or in connection with the Professional Advice Service, whether caused by users of the Web Site, Members or by any of the equipment or programming associated with or utilised in the Professional Advice Service. MOVO is not responsible for the conduct, whether online or offline, of any user of the Web Site or Member of the Professional Advice Service. MOVO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. MOVO is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will MOVO or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web Site or the Professional Advice Service, any Content posted on the Web Site or transmitted to Members, or any interactions between users of the Web Site, whether online or offline. The Web Site and the Professional Advice Service are provided “AS-IS” and MOVO expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MOVO cannot guarantee and does not promise any specific results from use of the Web Site and/or the Professional Advice Service. In addition to the preceding paragraph and other provisions of this Agreement, any general, non-specific advice that may be posted on the Web Site is for informational and entertainment purposes only and is not intended to be relied upon, replace or be a substitute for specific professional financial, medical, legal, or other advice which must be sought prior to its reliance. MOVO makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person who chooses to act upon or omits to act upon any information which was not specifically provided to them in a personalised way within or through the Web Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Neither MOVO nor the Professional Advice Service is to be held liable for any financial, legal or tax advice unless it has been expressly sought by a duly registered member who has provided sufficient personal information to enable MOVO and the Professional Advice Service to provide specific personal advice to a member. Any other information provided is for general informational purposes only, is broad in scope, impersonal and not intended to be applied to any specific portfolio or the investment needs of any specific person. The information provided is not intended to represent results you should expect in the future, and MOVO cannot and does not guarantee the accuracy, completeness, timeliness or reliability of, or otherwise endorse, any information, opinions and/or recommendations provided on or through the Web Site except where the information is provided as part of a personalised Statement of Advice. Your personal financial situation is unique, and any information and advice obtained through the Service where it does not form part of a personalised Statement of Advice may not be appropriate for your specific situation and is therefore not to be relied upon by any member or non-member. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain specific advice and recommendations from the MOVO Professional Advice Service or from an adviser representing a licensed Australian Financial Services provider or legal and/or tax advisers who are fully aware of your individual circumstances. In addition, nothing on the MOVO website should be construed as an offer to sell, or a solicitation of an offer to buy a security, a recommendation for any product or service by MOVO or any associated third party, or a suggestion regarding the purchase, holding or sale of securities unless such recommendations are specific to a member and included in a personalised Statement of Advice provided by MOVO Professional Advice Service.
The Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MOVO has no control over such sites and resources, you acknowledge and agree that MOVO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MOVO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
MOVO may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than MOVO, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MOVO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Except where specific advice has been provided through a Statement of Advice or in jurisdictions where such provisions are restricted, in no event shall MOVO.com.au be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web site or the Service. Notwithstanding anything to the contrary contained herein, MOVO’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MOVO for the Service during the term of use.
In the event that any investment advice or other services rendered by Financial Index Australia Pty Ltd constitute a supply of services to a consumer under the Competition and Consumer Act 2010, then to the extent that the Act permits Financial Index Australia Pty Ltd to limit its liability for breach of any conditions or warranties implied under the Act, Financial Index Australia Pty Ltd’s liability for such breach shall not be excluded but shall be limited to the cost of having the advice or services supplied again.
Subject to the above paragraph, nothing in any paragraph of this disclaimer affects any rights or remedies to which you may be entitled under the Competition and Consumer Act 2010 or under the Corporations Act as a consequence of services rendered by Financial Index Australia Pty Ltd.
If there is any dispute arising out of the Web Site and/or the Service, by using the Web Site, you expressly agree that any such dispute shall be governed by, where applicable, the legislation of the Commonwealth of Australia or those of the State of Victoria.
You agree to indemnify and hold MOVO, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal expenses, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
MOVO is trademark of MOVO Pty Ltd. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MOVO. Please contact us with any questions regarding this agreement.
P.O. Box 501, Collins Street West, Melbourne Victoria, Australia, 8007.