PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
This website is operated by ATB Partners (“ATB”) under the primary domain name www.atb.net.au (the “Website”).
Your use of the Content on the Website is governed by these Terms and Conditions of Use and our General Disclaimer and Privacy Statement. These are available online, or from your adviser.
Content means any text, materials, graphics, software, advertisements, names, logos, trademarks, share profiles, summaries, recommendations, newsletters, reports or any other form of information or advice made available to persons through the Website.
These Website Terms and Conditions of Use are subject to change and ATB may at any time, in its sole discretion amend, vary or modify these Terms and Conditions of Use.
Unauthorised use of the Website and systems, including but not limited to unauthorised entry, misuse of passwords, or misuse of any information posted is strictly prohibited.
Access to the Service
ATB takes all reasonable steps to ensure its systems, including hardware and software is up to date.
You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the Website. ATB takes no responsibility for the setup, compatibility or use of your own personal computer system and software. The information and advice ATB is able to give you in relation to your personal computer system is strictly limited to information and advice relating to the Website.
You are solely responsible for maintaining the secrecy and confidentiality of all identification and log-in information required to access the Website. You agree to immediately notify ATB if you become aware of any loss or theft or unauthorised use of your identification and log-in information.
When you open any attachments to E-mails, or download files from our Website you should take your normal precautions to protect your system against viral infection.
ATB has taken reasonable steps to ensure that the integrity of our computer networks are maintained, and that viruses are detected and eliminated. We maintain firewalls for those networks to which there is any external access, and all networks – file servers and PCs – have current versions of virus detection software. We are unable to guarantee that files and attachments are free from contamination or other defects.
ATB reserves the right to terminate your access to the Website without notice at its sole discretion for any reason whatsoever, including but not limited to the unauthorised use of your identification or log-in information or for a breach of these terms and conditions. In the event of a termination by us you agree that we shall have no liability to you.
All disclaimers and limitations of liability by ATB will survive termination, however, you will no longer be authorised to access the Website.
Content & Materials
The Content on this Website is provided for information purposes only and is provided “as is”, “as available”. While it is based on sources which ATB considers reliable, its timeliness, accuracy and completeness cannot be guaranteed. ATB, its directors, officers, employees, contractors and agents do not represent, warrant or guarantee, expressly or impliedly, that the Content contained on this Website is complete, adequate or accurate and expressly disclaim liability for errors or omissions in the Content.
ATB does not accept any responsibility to inform you of any matter that subsequently comes to its notice which may affect any of the Content contained on this Website.
Any dated information is published as of its date only, and ATB does not undertake any obligation or responsibility to amend or update any such information.
Any projections are estimates only and may not be realised.
In agreeing to these terms and conditions you agree to use the Content on this Website in relation to your individual personal investment activities and not to modify, copy, forward, sell, reproduce, disseminate, distribute, republish, frame, upload to a third party, broadcast, post, circulate, transmit or otherwise distribute Content from this Website to any other persons or use the Content for any unlawful purpose. Printing or downloading of Content from this Website is done so for personal use.
You may not use any part of the Content on this Website to establish, maintain or provide or assist in establishing, maintaining or providing a stock market (other than one authorised by law) for trading in securities.
The Content on this Website has not been prepared by taking into account your specific investment objectives, financial situation and particular needs. It is a general information service only and is not intended as a substitute for financial advice. You should assess whether it is appropriate in light of your own individual investment objectives, financial situation and particular needs. You should consult with one of ATB Partners investment advisors before making an investment decision. If you act or fail to act upon the basis of such Content without first consulting one of our investment advisers you do so entirely at your own risk.
Content on this Website does not constitute and must not be construed as an offer or invitation to purchase, take up or sell any securities or other financial products and should not be relied upon in connection with any contract or commitment whatsoever. Nor is it a recommendation to deal in any securities or other financial products.
Copyright in the Content on this Website is owned or licensed by ATB.
Any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content is and remain the exclusive property of ATB. All implied licenses over any intellectual property rights held by ATB in the Content are hereby expressly excluded.
Links to Other Sites
The Website may contain links to other websites operated by third parties (“Third Party Websites”).
Any links to Third Party Websites are provided only as a convenience to you for the sole purpose of directing you to sites which may contain information on topics that may be useful to you.
You acknowledge that such Third Party Websites are not under the control of ATB. ATB makes no representations or warranties, either express or implied, concerning the content of Third Party Websites including the accuracy, timeliness, reliability, completeness or suitability of the content on these sites. Access to any link is entirely at your own risk.
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator.
ATB does not warrant that Third Party Websites or content are devoid of viruses, defects or other contamination or are free from any claims of copyright, trademark, or other infringement of the rights of third parties.
ATB does not guarantee the authenticity of documents on the Internet.
Links to Third Party Websites do not imply any endorsement of or responsibility for the products, services, opinions, ideas or information offered at such sites, or any representation regarding the content at such sites.
Potential Disruptions to Service
ATB do not warrant or guarantee that your access to our Website or Third Party Websites will be uninterrupted or error-free.
ATB will not be liable for any damage, liability, claim, expense or loss whatsoever resulting from any delay or limitation in operation or transmission, virus, malicious code, defect, communications failure, Internet access difficulties or malfunction in equipment or software.
Access to our Website may from time to time be limited, delayed, unavailable or slow due to factors including but not limited to:
- software failure, including but not limited to configuration problems, bugs, viruses, incompatibility of systems (including incompatibility between the Website and the user’s files, browser or other site accessing program), utilities or applications, errors, the operation of any screening or firewall programs, unreadable codes, or irregularities within particular documents or other content;
- hardware failure, including but not limited to failures of computers (including you own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- partial or total interruption of power supplies or other utilities
- overload of system capabilities;
- damage caused by explosion, mechanical breakdown, severe weather, earthquakes, wars, insurrection, riots, civil disobedience, act of God, accident, fire, water damage or natural disasters;
- strike or other partial or total stoppage of labour
- governmental or regulatory restrictions, change of law, court or tribunal orders, stock exchange rulings; or
- any other cause whatsoever beyond the control of ATB.
Limitation of Liability
To the extent permitted by law, ATB and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defence or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the Content on the Website and/or any omissions from the Content whether in contract, tort (including negligence), statute or otherwise and even if ATB has been advised of the possibility of such damage or loss.
Liability of ATB and its respective directors, officers, employees, contractors and agents for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ATB’s option, to:
the supply of the goods (or equivalent goods) or services again; or
the payment of the cost of having the goods or services supplied again.