Terms and Conditions
By accessing and/or utilising any information, products or services available at or through this website, you agree to be bound by the terms and conditions detailed below.
In this agreement, unless the context otherwise requires:
'Content' means the information made available to you through the Site;
‘Menninger Capital’ means Menninger Capital Pty Ltd ABN 71 160 992 450 of Level One, 222 Flinders Street, Townsville, Queensland, Menninger Investment Management Pty Ltd ABN 29 600 624 173, Menninger Advisory Pty Ltd ABN 29 160 992 709 and all its related companies;
'Site' means the online information service located at www.menningercapital.com which Menninger Capital has developed (or had compiled for it) and of which Menninger Capital is the proprietor;
'You' refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
2. Application and variation of these terms
2.1 Your use of the Site (and all applications contained on it) is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.
2.2 Menninger Capital may at any time, at its sole discretion, amend, vary or modify these terms and conditions.
2.3 Menninger Capital may give notice on the Site of any modification to the terms and conditions, but it is your responsibility to check for any such modification each time you use the Site.
2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.
3. Your acknowledgements
3.1 You acknowledge that:
- Menninger Capital holds an Australian Financial Services Licence. The information on the Site is directed to residents of Australia and New Zealand only, and unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities;
- While Menninger Capital provides the information on the Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;
- There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;
- You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the internet accessed via this Site or otherwise (Related Site);
- You acknowledge the Content contains general securities advice only which is not intended for any particular client. You also acknowledge that in preparing the Content, neither Menninger Capital, nor its Content providers have taken into account any particular client's investment objectives, financial situation or particular needs. Accordingly, before acting on any advice contained in the Content, you should contact your Menninger Capital adviser to consider whether the advice is appropriate in light of your particular investment needs; and
- You must install, maintain and use adequate anti-virus and security software to protect yourself from data loss/corruption and system damage. Menninger Capital does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. The liability of Menninger Capital and its suppliers and Content providers for such an event is limited to the resupply of those files.
4.1 Menninger Capital may have interests in the securities which are the subject of the Information. You should contact your Menninger Capital advisor for the details of such interests.
5. Provision of service
5.1 Menninger Capital may without notice suspend the Site or disconnect or deny you access to any part of (or any application available through) the Site:
- During any technical failure, modification or maintenance involving the Site provided that Menninger Capital will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;
- If you fail to comply with any agreement with Menninger Capital; or
- If you do, or allow to be done, anything which in Menninger Capital’s opinion may have the effect of jeopardising the operation of the Site.
5.2 Menninger Capital may make improvements and/or changes to the Site or Contents at any time without notice.
6. Access to the service
6.1 You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Menninger Capital from time to time to enable you to use any specific Service. You agree to notify Menninger Capital immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
6.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.
6.3 You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Menninger Capital.
7. Use of the service
7.1 You agree to comply with all directions pertaining to the access and use of the Site granted to you by Menninger Capital.
7.2 You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
7.3 You agree that the Site is provided by Menninger Capital to you for your personal use unless Menninger Capital expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless Menninger Capital expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of Menninger Capital.
7.4 You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Menninger Capital or its suppliers as the case may be.
7.5 Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.
7.6 You shall not, in any event, modify Content or create any derivative works without the prior written consent of Menninger Capital.
8. Disclaimer of liability
8.1 The materials on the Site have been prepared for general information purposes only. Menninger Capital, and their respective directors, officers and agents:
- Exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Site or any Related Site;
- Are under no obligation to update any information or materials on the Site, or correct any inaccuracy on the Site which may become apparent at a later time;
- Do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Competition and Consumer Act 2010 (Cth) and/or the Australian Securities and Investments Commission Act 2001; and
- Disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Menninger Capital, or their respective directors, officers, employees and agents.
8.2 The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Menninger Capital does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any Relates Site. Reliance on any such advice, statements and opinions is at your own risk.
9. Liability and indemnity
9.1 Except in relation to liability for personal injury, none of Menninger Capital shall be liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from negligence or otherwise, on the part of Menninger Capital to comply with obligations under this agreement.
9.2 You agree to fully indemnify and hold Menninger Capital harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Menninger Capital as a result of a breach by you of your obligations under this agreement or any wilful, unlawful or negligent act or omission by you.
10.1 Without prejudice to any other rights Menninger Capital may have under this Agreement or at law or in equity, Menninger Capital may terminate this Agreement at any time.
You cannot assign your rights under this agreement without the prior written consent of Menninger Capital.
12. Governing law
The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, in the Commonwealth of Australia.
13. Schedule charges
From time to time a charge may be levied for access to certain password-protected services. Charges will be notified to you when you apply for such services.
14. Third Party Suppliers
14.1 The information provided by third party data suppliers has not been verified by Menninger Capital. Menninger Capital does not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor does it accept any responsibility arising in any way for errors in, or omissions from that material.