Terms of Use



Terms of use

GETCHARTING WEBSITE

  1. www.getcharting.com (the Site) is owned and operated by COMZ Pty Ltd (ACN 059 579 627) (we, us).  The Site is a venue only for members of the public (Users, you) to use the Site and download the GetCharting Finance Series software (Software) made available on the Site and for businesses (Advertisers) to provide information (Advertiser Information) to you.

These Terms of Use (which include our Privacy Policy) govern your access to and use of the Site unless additional specific terms apply.  Your use of the Site indicates you accept the Terms of Use.  We may change the Terms of Use by publishing those changes on the Site.  If you do not agree with the Terms of Use and/or any changes to them that we publish, you must not use the Site.
Your use of the Software is governed by these Terms of Use and the Software Licence Agreement accompanying these Terms of Use.

  1. Privacy Policy acknowledgement
  2. You agree you have read and understood our Privacy Policy.  You and we must comply with the Privacy Policy.  Your use of the Site indicates your consent to the collection, storage, use and dissemination of any personal information you provide to us (including name, address, email address, phone number) in accordance with our Privacy Policy.
  3. Anonymous and personal information
  4. You agree that we may collect and use anonymous information about Users and the activities of Users on the Site.  Anonymous information is information that is does not identify a User.  We may also collect information about the activities of individual Users of the Site by tracking their username (Collected Information).
  5. You agree that provided we comply with the Privacy Policy, we can use the Collected Information for our own statistical analysis purposes, such as (a) to determine the most popular searches and search results on the Site and (b) to assist us enhance the functionality of the Site.
  6. Ownership of Content
  7. You acknowledge that all materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) and the Software are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
  8. You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit, distribute or store the Content or the Software in any way except with our express prior written consent or as specifically provided for in these Terms of Use, on the Site and in the Software Licence Agreement.
  9. Even if Content is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not a grant of permission to modify that Content unless expressly noted at the time of delivery or in the Software Licence Agreement.
  10. Access to the Site
  11. You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of the Content without modification solely for your own personal use, information, research or study.
  12. You must not access or use the Site, the Content or the Software in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by these Terms of Use.
  13. You must take your own precautions to ensure your use of the Site, the Content and the Software do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your use of the Site.
  14. Disclaimer
  15. You acknowledge that the Site is a venue only and that we are not a party to and do not participate in any transaction between you and any Advertiser or other User.  Your dealings with any Advertiser, participation in promotions offered by Advertisers, payment and other terms, conditions, warranties and representations associated with such dealings with Advertisers are solely between you and the Advertiser.  You also acknowledge that we do not check or confirm the accuracy of any Content or Advertiser Information or the competence or character of any Advertiser. 
  16. The Site may contain links to third party sites which in turn may contain hyperlinks to further third party sites (collectively Linked Sites).  These are provided for your convenience only.  You acknowledge that Linked Sites are not under our control and we are not responsible for the content of any of them. The inclusion of any link does not imply any endorsement of the link by us.
  17. You acknowledge that your use of the Site, Advertiser Information, Content, Software and Linked Sites are entirely at your own risk.  The Site, Advertiser Information, Content, Software and Linked Sites are provided to you ‘as is’ without warranty of any kind including warranties as to accuracy, currency, adequacy or completeness of the information.  
  18. If any statute implies warranties into these Terms of Use that cannot be excluded, nothing in these Terms of Use operates to exclude them.
  19. To the extent the law permits, neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your use of the Site, Advertiser Information, Software and any Linked Site or any Content or any omissions from the Content.
  20. Trade Marks
  21. The name “GetCharting”, “COMZ” and the logos appearing on the Site in connection with GetCharting and COMZ are our trade marks.  You are not permitted to use our trade marks without our express prior written consent.
  22. Termination
  23. We may terminate your access to this Site at any time without reason and without notice. The Terms of Use survive any such termination.
  24. Governing Law

The Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.


SOFTWARE LICENCE AGREEMENT

By downloading, installing or using the GetCharting Finance Series Software (Software), you agree to the terms of this Software Licence Agreement (Agreement) with COMZ Pty Ltd (us, we).  This Agreement is a legal agreement between you (either an individual or an entity) and us.  This Agreement only applies to free versions, editions, updates or upgrades to the Software.  PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.  If you do not agree with the terms of this Agreement, do not install or use the Software.
1. Licence
You may use the Software solely for personal, non-commercial and academic use strictly in accordance with this Agreement.  You may use the Software without charge.  We may, but have no obligation to, provide updates to the Software from time to time.  If so, those updates are deemed part of the Software and are subject to this Agreement.
2. Restrictions
You must not:

  1. use any part of the Software for any form of commercial use;
  2. modify, adapt, translate, reverse engineer, de-compile, disassemble, attempt to discover the source code, create derivative works from, rent, lease, loan, sell, publish, assign, transfer or distribute the Software; or
  3. access or use the Software in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by this Agreement,

and you will not permit or enable any third party to do any of those things. 
3. Reservation of rights
We retain ownership in all copies of the Software.  The Licence granted to you is non-exclusive and we reserve the right to revoke the licence at any time without reason.  You are not entitled to receive any documentation, support, assistance, enhancements or updates of any kind or any form of benefit.
4. Proprietary rights
You acknowledge that all proprietary rights and intellectual property in the Software whether unregistered or registered, presently existing or future rights and including without limitation copyright, trade marks, designs, confidential information ,trade secrets, know-how, patents, inventions, discoveries, circuit layouts and associated materials are owned by us and our licensors.  You acknowledge that the Software is not public domain software.  You will not remove or modify in any way any marks of ownership including copyright notices in the Software.
5. Open source software
You acknowledge that to the extent the Software contains open source code:
no warranty is given in relation to that open source code (including with respect to title and fitness for purpose); and
open source code is licensed according to the terms applicable to such code.
6. Disclaimer of Warranty
To the extent permitted by applicable law, the Software is provided “as is” without warranty of any kind.  We make no representations or warranties, and exclude all warranties of any kind, either express or implied, including but not limited to warranties in regard to the performance, accuracy, sufficiency, suitability, durability, quality, capacity and technical compatibility, title and non-infringement of third party rights.  We do not warrant that any function of the Software will be uninterrupted or error-free.
Where legislation such as the Trade Practices Act 1974 (Cth) and similar state and territory legislation implies into this Agreement any condition or warranty which cannot be excluded, that condition or warranty is included in this Agreement.  If so, our liability for any breach of such condition or warranty is limited, at our option to (a) replacement of the Software or payment of the cost of replacing the Software.
The Software is provided as a tool for extracting data from the internet for input into charts and records.  You acknowledge that all data you download and/or charts and records you create by using the Software (Data) is derived from third party sources and is believed to be accurate and current.  However, neither we nor our directors, officers, agents, employees or contractors (Our Representatives) give any representation or warranty as to the reliability, accuracy or completeness of the Data.

  1. 7. No Investment Advice

The Software is a tool for providing general information only.  No Data or other information produced using the Software is intended for trading or investment purposes and you cannot rely on the Data or information for that purpose.  You should obtain professional investment advice tailored to your specific circumstances prior to making investment decisions.  We and Our Representatives will not be liable for the accuracy of the Data.
8. Limitation of Liability
To the maximum extent permitted by law, neither us nor Our Representatives will be liable for any direct indirect, incidental, special, exemplary, or consequential damages including, but not limited to procurement of substitute goods or services, loss of use, data, or profits or business interruption however caused and on any theory of liability whether in contract, strict liability or tort (including negligence or otherwise) arising in any way from downloading or the use of the software programs, the use of any data these software programs could use and the use of the web pages, even if advised of the possibility of such damage.
9. Advertisements
You acknowledge that Advertisers display Advertiser Information on the Site.  You agree that Advertiser Information may appear within the Software.  The Advertiser Information is provided by third parties and we accept no liability whatsoever for any Advertiser Information and makes no warranty as to its accuracy.
10. Indemnification
You indemnify and hold us and Our Representatives harmless from and against any and all damages, losses, costs including legal fees and expenses resulting from any violation of this Agreement.
11. Termination of License
The licence granted to you under this Agreement will automatically terminate without prior notice from us if you fail to comply with any of the terms or conditions of this Agreement. Upon termination of the Licence, you must destroy all copies of the Software.  Notwithstanding the termination of the Licence for any reason whatsoever, all of the provisions of this Agreement which operate to protect the rights and interests of us, our licensors and Our Representatives continue to be of force and effect.
12. Severability
If any clause, or any part of any clause, is held to be invalid or unenforceable, the remaining provisions of this Agreement, and the remaining part of any provision where part only of the provision is invalid or unenforceable, shall remain in full force and effect and will not be effected by such invalidity.
13. Governing Law
This agreement shall be construed and governed with by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that place.  No choice of law rules of any jurisdiction will apply and any claims being founded on laws of other states or countries are excluded.
14. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

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