Acknowledgment and acceptance of general conditions
www.asxonline.com (the "Site") is owned and operated by ASX Operations Pty Limited, ABN 42 004 523 782 ("ASXO") and may contain material from ASXO and other related companies (collectively, “ASX”). Your access to, use of, or linking to the Site, use of software or downloading software on 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 (known collectively as the "General Conditions"). Your Access to the Site constitutes your agreement to be bound by the General Conditions. ASX reserves the right to amend the General Conditions at any time and you should periodically refer to them in this document and elsewhere on the Site.
Additional terms and conditions
Specific and additional terms and conditions (which form part of the General Conditions) govern your use of, and access to, certain sections of the Site. Please refer to these before using these sections of the Site.
Ownership of content on the site
The 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") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions, on the Site or with the express prior written consent of ASX.
You must not use any spider, screen scraper, robot, or other automated similar software or device ("Prohibited Device") to use or access the Site in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without ASX’s prior written approval. Search engines may access and index content on the Site provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to ASX.
Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of ASX or its subsidiaries or which is prohibited by the General Conditions.
Under no circumstances may the Content be used to establish, maintain or provide, or assist in establishing, maintaining or providing a stock market for trading in securities.
You must not use the Content for commercial purposes without first obtaining ASXO's express written authority. Use of the Content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making.
Access to certain features or functions on the Site requires authorised user registration.
ASXO will provide eligible organisations with authorised user login accounts, or at ASXO’s 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 use the Site on its behalf (“User Accounts”).
You must ensure appropriate measures are in place to maintain the security and confidentiality of any User Accounts and related passwords. Any use, transaction or activity on the Site via a User Account will be taken to be authorised by your organisation. Your organisation remains responsible for any such use, transaction or activity on the Site (whether authorised or not).
ASXO may terminate or disable any User Account used in violation of these General Conditions.
Disclaimer and limitation of liability
The Content on the Site is derived from sources believed to be accurate and current. However, neither ASX nor ASX directors, officers, agents, employees or contractors (“ASX Personnel”):
a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
b) warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
Neither ASX nor ASX Personnel shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your Access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation.
In the case of goods or services supplied or offered by ASX or ASX Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at ASX’s option to either:
a) the supply of the goods (or equivalent goods) or services again; or
b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
You must indemnify and hold harmless ASX and ASX Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) any breach by you of the General Conditions; or
b) reliance by you on any information obtained through the Site; or
c) your Access to the Site; or
d) reliance upon or use of any Content by any person accessing any Content through your web site.
Not investment advice
The Content on the Site provides general information only. 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 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.
Advertising and links to other web sites
The Site contains links to third party sites. These linked web sites are not under the control of ASXO, and ASXO is not responsible for the contents of any linked web site or any hyperlink contained in a link web site. ASXO provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by ASXO or its related companies. You link to any such web site entirely at your own risk.
The Site also contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties, collectively referred to as "Third Party Material". The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors. Neither ASXO nor its related companies nor their respective directors or employees recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by ASXO, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Neither ASXO nor any of its related companies, nor any of their directors or employees give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site or the information on other web sites which are reached by hypertext links from the Site nor do they accept any responsibility arising in anyway (including negligence) for errors in, or omissions from such Third Party Material or errors in, or omissions from, information contained on such other sites.
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 Index™
ASX World Link™ is a trademark of ASX Operations Pty Limited and CHESS Depositary Nominees Pty Limited, both companies of the ASX Group.
(joint registration with John Fairfax Publications Pty Limited)
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 herein under license. Chicago Mercantile Exchange Inc. assumes no liability in connection with the use of SPAN by any person or entity.
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.
ASXO access rights
You agree to allow ASX access to your web site at any time so that ASX can review whether you are complying with these Conditions. If requested by ASX, you must provide any passwords that are required to access your web site.
Specific terms and conditions for retrieval of market information
These Specific Terms and Conditions for Retrieval of Market Information from the Site are in addition to the General Conditions governing the use of the Site.
Unless otherwise indicated the market information provided on the Site is delayed by at least twenty (20) minutes and is not real time information.
You must indemnify and hold harmless, ASX, its subsidiaries and their respective employees, contractors and agents, and will keep them indemnified, against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from:
(a). any breach by you or your obligations under the General Conditions; or
(b). reliance by you on market information obtained through the Site; or
(c). your access and/or use of the Site; or
(d). reliance upon or use of any Content by any person accessing any Content through your web site.
Any external link to the Site must comply with these General Conditions and the link must not, in ASX's opinion, deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws, including but not limited to the provisions of the Competition and Consumer Act 2010 (Cth) and similar state legislation (“Conduct”). ASX excludes liability for any Conduct and you agree to indemnify ASX to the extent that any such Conduct is found to have occurred.
Any external link to the Site must be made in good faith, and must not in ASX’s opinion cause the ASX brand or any ASX trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and ASX.