ASX Online Terms and Conditions

Last updated 12 October 2023

Who we are and how to contact us

asxonline.com is a website (the "Site") owned and operated by ASX Operations Pty Limited, ABN 42 004 523 782 ("ASXO", “we”, “us” and “our”) and may contain content from us and our related bodies corporate. References to the “Site” include any software made available on or through the Site, such as the Return Lodgement and Monitoring (“RLM”) System.

In these terms, ASXO, our related bodies corporate, and our and their respective officers, directors, employees, contractors, agents, successors and assigns, are referred to collectively as “ASX”.

To contact us, please visit asx.com.au/contact.

By using the Site you accept these terms

Your access to, use of, or linking to the Site, and use or downloading of any software made available on or through the Site (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (collectively, "General Conditions"). By Accessing the Site you accept the General Conditions, as amended from time to time. If you do not agree to the General Conditions, you must not continue to Access the Site.

Our privacy statement forms part of the General Conditions and sets out how we collect, use, store and disclose personal information in connection with the operation of the Site. It is accessible here: asx.com.au/legals/privacy-statement.

We may make changes to these terms and the Site

We reserve the right to amend the General Conditions at any time as reasonably required, in particular to reflect any changes to the nature of the Site, the Content (as defined below), our business priorities or users’ needs, changes to our products and services or any law or other legal requirement. Amendments to the General Conditions will be reflected on this page, and you should check the latest General Conditions on this page from time to time so that you are aware of any amended terms. If you do not agree to any such amendments, you must not continue to Access the Site. 

You are responsible for ensuring that all persons who Access the Site are aware of the General Conditions and that they comply with them.

Additional terms and conditions

Specific and additional terms and conditions (which form part of the General Conditions) govern your Access to certain sections of the Site (for example, the RLM System Terms of Use). Please refer to these before you Access such sections of the Site.

Ownership of Content on the Site

ASX and its licensors are the owners or licensees of all intellectual property rights in the Site and in the content published on it, unless indicated otherwise. The Site, and the content published 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 (collectively, "Content") are protected by copyright, trade mark and other intellectual property laws and treaties around the world. All such rights are reserved.

You may not use a trade mark displayed on the Site without ASX’s prior written consent. Nothing contained on the Site should be construed as granting any licence or right of use of any trade mark displayed on the
Site.

Permitted Access

You may Access the Site using your web browser and save an electronic copy, or print out a paper copy, of parts of the Site for your own information purposes only, including research, study or other personal, non-commercial use, but only if you keep all Content intact and in the same form as presented on the Site (including, without limitation, maintaining all copyright, trade mark and other proprietary notices and all advertisements).

For any commercial use, please contact ASX at asx.com.au/connectivity-and-data/information-services.

ASX’s status (and that of any identified contributors) as the authors of any Content must always be acknowledged.

User Accounts

In addition to general browsing of the Site, you may also Accesscertain areas, features or functions of the Site as a registered user.

We only permit one User Account per email address, however we will provide eligible organisations with authorised user login accounts, or at our discretion, an administration user account to the Site from which to create, manage and control access rights of user accounts and passwords for its authorised representatives nominated to Access the Site on its behalf (“User Accounts”).

You must keep your password and any User Accounts secure and confidential and must not disclose it to any third party. Any Access, transaction or activity on the Site via a User Account will be taken to be authorised by you, and you remain responsible for any such Access, transaction or activity on the Site (whether authorised or not).  If you know or suspect that any unauthorised person knows your password or otherwise has access to any User Account, you must promptly notify us at asx.com.au/contact.

We may disable any User Account if in our reasonable opinion:

(a) such User Account has been used in breach of the General Conditions and, after we notify you of such breach, you fail to remedy such breach within the reasonable period of time specified by us; or

(b) it is reasonably necessary to comply with any legal or regulatory requirement.

Prohibited uses

You agree not to:

• modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for in the General Conditions or with ASX’s prior written consent. You must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
• Access the Site or any Content in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the General Conditions;
• Access any Content for a commercial purpose without the express written consent of ASX (where use of any Content for a commercial purpose is any use other than accessing and using the Content for your own personal and private decision making), other than as expressly permitted on the Site or in the General Conditions;
• Access any Content to establish, maintain or provide (or assist in establishing, maintaining or providing) a stock market for trading in securities or derivatives;
• use any spider, screen scraper, robot, other similar software or device, or other similar process, to use or access the Site in any way whatsoever, including monitoring, downloading or copying any of the content on the Site (except as otherwise permitted under these terms or with ASX’s prior written consent);
• Access the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• use any manual process to monitor or copy any Content or for any other unauthorised purpose without ASX’s prior written consent;
• delete or alter any copyright, trade mark or other proprietary rights from copies of any Content;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, Trojan horses, worms, logic bombs or other content which are maliciously or technologically harmful;
• attempt to gain unauthorised access to interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server computer or database connected to the Site;
• attack the Site via a denial-of-service or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site or any Content.

In the event of any breach by you of the above prohibitions on use of the Site, your right to Access the Site will cease immediately. We may report any of the above activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.

Availability of the Site and content

To the maximum extent permitted by law, we do not guarantee that the Site, or any Content, will always be available and/or uninterrupted. We may suspend or withdraw the availability of all or any part of the Site at our discretion (acting reasonably) for security or other reasonable business and operational reasons.

Disclaimer and limitation of liability

ASX is required to provide certain Content and Access under our legal and regulatory requirements, and Content is derived from sources believed to be accurate and current. Accordingly, the Site and all Content are provided on an “as is” and “as available” basis, and to the maximum extent permitted by law, ASX makes no representations or warranties, express or implied regarding the operation or availability of the Site (including that your Access to the Site or any of its functions will be uninterrupted or error-free) or the reliability, accuracy or completeness of any Content.

The Content on the Site is general information only and does not constitute financial product advice. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances prior to making any investment decisions.

Some Content on the Site provides general information about certain financial products including without limitation securities and derivatives products. The Site or Content does not provide, and must not be construed as providing, recommendations in relation to any financial products. Prior to any action or investment you should seek independent professional advice.

Content on the Site about an entity’s application for admission to the official list or applications for the listing or admission to trading status of various products (whether securities or derivatives) or associated offer documents should not be considered in any way as an indication of the merits of the entity or any products. It does not in any way imply that an entity’s application for admission to the official list or an application for any products to be listed or admitted will be approved, and should not be considered in any way as an indication of the merits of the entity or the product.

Subject to the remainder of this clause, to the maximum extent permitted by law, ASX expressly disclaims any and all responsibility or legal liability to anyone whatsoever for any loss, liability or damage (including any indirect or consequential loss, loss of profits, loss of revenue, loss of savings, loss of opportunity, or loss of or damage to goodwill), howsoever arising (whether in negligence or otherwise) out of or in connection with the reliance by you or any other person on any Access to the Site (including any inability to Access the Site), the Content and/or any errors or omissions in the Content, except to the extent caused or contributed to by any fraudulent or unlawful act or omission by ASX.

Where you are a participant under any ASX operating rules, and to the extent you Access the Site or any Content in connection with you being such a participant, then:

(a)   the provision of such Access to you and performance by ASX pursuant to or relating to the General Conditions (“Participant Access”) constitute (and are deemed to constitute) the supply of trading services, clearing systems, the settlement facility, the system and/or other services (as applicable) pursuant to the relevant ASX operating rules;

(b)   subject to the remainder of this clause, the limitations and exclusions of liability contained in the relevant ASX operating rules will apply in relation to the provision and performance of Participant Access under the General Conditions; and

(c)   to the extent necessary to enable ASX to enforce the benefit of the exclusion of liability referred to in paragraph (b), the terms of the relevant ASX operating rules are deemed to be incorporated into the General Conditions.

All express or implied guarantees, warranties or conditions relating to the General Conditions or its subject matter, not contained in the General Conditions, are excluded from the General Conditions to the maximum extent permitted by law.

Nothing in the General Conditions excludes, restricts or modifies any guarantee, condition warranty, right or remedy implied or imposed by any legislation which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).

If a Non-Excludable Condition is implied or imposed in relation to the General Conditions and cannot be excluded, and ASX is able to limit your remedy for a breach of the Non-Excludable Condition, then ASX’s liability for breach of the Non-Excludable Condition is limited to one or more of the following at ASX’s option:

(a)   the replacement of the goods (or supply of equivalent goods) or supply of the services again; or

(b)   the payment of the cost of replacing the goods (or supplying equivalent goods) or having the services supplied again.

Feedback

If you submit feedback or suggestions about our products or services, we may use your feedback or suggestions without obligation to you.

ASX operating rules

The Content is not a substitute for any relevant ASX operating rules, and in the event of any inconsistency between the Site and the operating rules, the operating rules prevail to the extent of the inconsistency.

Links to third party websites and other resources

The Site may contain links to third party websites and other resources provided by third parties. Any such linked websites and resources are not under the control of ASX, and ASX is not responsible for the contents of any linked website or resource accessed through the Site, or any hyperlink contained in a linked website.

ASX provides these links and other resources to you as convenience only, and the inclusion of any link on the Site to third party websites and/or resources does not imply any endorsement or approval by ASX of those linked websites or resources or any products, services or information you obtain from them. Your access and use of a third party website is entirely at your own risk.

The Site may contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (collectively, "Third Party Material").

Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors. Except as expressly stated, ASX does not recommend or endorse the products or services of those third parties. In some instances, Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s web site and executing the relevant transaction. Such offers are not made by ASX, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party’s web site.

To the maximum extent permitted by law, ASX makes no representations or warranties as to the reliability, accuracy or completeness of any Third Party Material or the information on other web sites which are reached by hyperlinks from the Site, nor does ASX accept any responsibility for any errors in, or omissions from, such Third Party Material or information contained on such other web sites.

Trade marks

The trade marks listed below, unless indicated otherwise, are trade marks of ASX. Where a mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Site should be construed as being any licence or right of use of any trade mark displayed on the Site.

All Ordinaries®

All Ordinaries Index™

All Ords®

AllOrds®

ASX®

ASX20™ *

ASX50™ *

ASX100® *

ASX200™ *

ASX300™ *

ASX World Link™ is a trademark of ASX Operations Pty Limited and CHESS Depositary Nominees Pty Limited, both companies of the ASX Group.

CHESS®

FinData®

FinSelect™

LEPO®

Midcap50™ *

(joint registration with John Fairfax Publications Pty Limited)

SEATS®

ITS®

Small Ordinaries™

For those trade marks indicated with an asterisk (*), ASXO has entered into an arrangement with Standard and Poor's (S&P™). Those trade marks must be prefaced by the mark S&P when used to describe indices. S&P™ is a trade mark of Standard & Poor's, a division of The McGraw-Hill Companies, Inc.

'SPAN' is a registered trademark of Chicago Mercantile Exchange Inc., used on the Site under license. Chicago Mercantile Exchange Inc. assumes no liability in connection with the use of SPAN by any person or
entity.

Additional terms and conditions for retrieval of market information

These additional terms and conditions for retrieval of market information from the Site form part of the General Conditions.  For clarification, any such market information will be Content for the purpose of the General Conditions.

Unless otherwise indicated, the trading information provided on the Site is delayed by at least twenty (20) minutes and is not real time information. Other information presented on the Site may be delayed by more than 20 minutes.

Linking to the Site

You may not link any third party website to any pages of the Site unless we agree in writing.

Governing law

These General Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

Severability

If any part of the General Conditions should be declared invalid, void or unenforceable, such part or parts shall be severed from the remainder of the General Conditions which will remain in full force and effect.

The invalid, void or unenforceable provisions shall be replaced by provisions which correspond to or come as close as possible to the economic or intended purpose of the void provision.