Prophet Invest Full Terms and Conditions Statement
1.1 Any use by you of the Website is conditional upon your acceptance of these Terms and Conditions of Use. We reserve the right to amend these Terms and Conditions of Use without notice at our discretion. It is your responsibility periodically to review this page for updates to these Terms and Conditions of Use. Your continued use of the Site will be deemed acceptance of this Full Terms and Conditions Statement.
2. Limitations on Use.
2.1 You may not monitor or copy our Website or the Content without Prophet Invest’s prior written permission.
3. Not Financial Advice.
3.1 The Content is not intended to and does not constitute financial advice. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Website or materials linked from this Website is at your own risk.
3.2 We at Prophet Invest is an online publisher and is not a licensed financial adviser. Prophet Invest does not offer financial advice. Any recommendations or opinions expressed on this website are for information purposes only and should not be used to make investment or financial decisions. Before making any investment decision, you should seek independent financial advice from a qualified financial adviser. You should always obtain and read the product disclosure statement or offer document of financial products or securities before making a decision to invest.
3.3 Prophet Invest, do not guarantee the performance of a security or financial product that is written about. Prophet Invest, including its directors, disclaim to the maximum extent permitted by law any liability for any loss or damage however caused as a result of any recipient relying on information in Prophet Invest and provided on this website.
4. Intellectual Property Rights.
4.1 Prophet Invest is the owner and/or authorized user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website (“Content”) are the copyright of Prophet Invest, its suppliers and licensors unless expressly indicated otherwise by us.
4.2 Except as provided in these Terms and Conditions of Use, any use or reproduction of the intellectual property is prohibited. All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this website are owned by Prophet Invest or its licensors.
4.3 The Content is protected by Australian and international copyright and trademark laws.
4.4 No one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorized in writing by Prophet Invest.
5.1 This Website contains information on financial products and financial services which you may access. All financial products and financial services information has been provided by the relevant provider or vendor and not Prophet Invest, and Prophet Invest has included it on this Website as a convenience only. You should confirm all product descriptions and specifications with the relevant original provider before purchase.
5.2 This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Prophet Invest, its affiliates or directors. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
5.3 Prophet Invest will not be responsible for the illegality of or any error or inaccuracy in advertisers’ materials or for the acts or omissions of advertisers.
5.4 In some instances, the advertisement may contain representations or offers by the third party advertiser which you may accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are made by the third party advertisers and not Prophet Invest, and the third party advertisers are solely responsible to you for the provision of the financial product or financial services that you purchase on the third party websites.
6. Errors and Corrections.
6.1 Prophet Invest does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.
6.2 Prophet Invest does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable.
7. Disclaimer and Limitation of liability
7.1 To the extent permitted by legislation such as the Trade Practices Act 1974 (Cth), this Website is provided on an “as is, as available” basis.
7.2 We expressly disclaim all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.
7.3 Prophet Invest disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from this Website and the content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party web sites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom,
(c) the unavailability of this Website or any portion thereof,
(d) your use of this Website, or
(e) your use of any equipment or software in connection with this Website.
7.4 Prophet Invest shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this web site and the interactive areas of this web site or any facts or opinions appearing on or through an interactive area.
7.5 Prophet Invest shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the content. To the extent the foregoing limitation of liability is prohibited, Prophet Invest’s sole obligation to you for damages shall be limited to $10.
7.6 The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Prophet Invest of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified (“Non-excludable Rights”).
7.7 Prophet Invest does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
7.8 Except as provided for by the Non-excludable Rights:
(a) this Website (including all Content and functions) is provided “as is” and without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(b) We do not warrant that any functions on this Website (including inter alia your access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to you or any other person accessing this Website are free of viruses or any other harmful components.
(c) We do not warrant or make any representations regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
7.9 Under no circumstances (including but not limited to any act or omission on the part of Prophet Invest) will Prophet Invest or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
8.1 You agree to indemnify, defend and hold harmless Prophet Invest, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms and Conditions of Use by you.
8.2 You will also indemnify Prophet Invest against any claims that information or material which you have submitted to Prophet Invest is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
8.3 Prophet Invest reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with Prophet Invest in any such defenses.
9. Third Party Rights.
9.1 The provisions of paragraphs 7 (Disclaimer and Limitation of Liability), and 8 (Indemnification) are for the benefit of Prophet Invest and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. Unlawful Activity.
10.1 Prophet Invest reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
11. Remedies for Violations.
11.1 We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to this Website.
12. Your responsibility
12.1 You should always verify the information set out in this Website with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Website and to ensure the compatibility of such software with your equipment.
12.2 In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
13. Confidentiality and Privacy
13.1 Prophet Inves does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by email, or in any other way.
13.2 Any information or material submitted by you will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Website, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by Prophet Invest without restriction for whatever purpose Prophet Invest deems fit and without payment of any sum or acknowledgement of you as their source.
13.3 You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
14.1 This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
14.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.