This website (Site) is operated by Ocean Asset Research & Management Pty Ltd ABN 59 632 331 321 (we, our or us). It is available at www.oceanasset.com.au and may be available through other addresses or channels.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials, information on this Site and information we send you (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use
Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site, the Content or any information we provide including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
The Content is not comprehensive and information and advice provided by us is general advice only and does not take into account your specific financial situation, needs or investment objectives. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
The Content we provide has been prepared from a wide variety of sources which we believe to the best of its knowledge and belief to be accurate.
Our Content and any advice given may not be appropriate for you and we strongly suggest that you seek advice from a financial adviser, stockbroker or other legal or financial professional as necessary before acting upon any advice given.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Financial Services Guide
Our Financial Services Guide (FSG) contains important information about the financial services provided by Ocean Asset Research & Management Pty Ltd. You must read our FSG and consider it in light of your own circumstances before acting on any advice. Click here to read our FSG.
Past performance is not a reliable indicator of future results and we (nor any of our associates) guarantee the performance of any investment whatsoever. Our performance figures are hypothetical and based on stock prices at the date of publication and are not intended to be a forecast. Brokerage costs are not included in our publications and returns may be negative. We encourage you to think of investing as a long-term pursuit.
When you purchase a subscription product, you will need to provide us with your personal details including your name, email address, billing address and shipping address. You certify that all information provided is accurate and we reserve the right to immediately cancel your subscription in the event that the information is inaccurate or out of date.
The credit card which you provide us will be charged by us during the sign-up process. When you sign up to our subscription, you agree to pay the relevant subscription fee set out on the Site. Subscription fees are payable in advance and we reserve the right to increase the subscription price upon giving 30 days written notice.
At the end of your subscription period, your credit card details which you have entered will be charged for the next subscription term and any successive terms after that. You can opt-out of your subscription at any time by contacting us.
We offer a trial subscription to new customers so that you can try our subscription product and decide whether it is suitable for you. Trials can only be used by one member of a household once every 12 months. Trials will be restricted in duration and you may not have access to the full subscription product. You are under no obligation to subscribe to us at the end of your trial period and we have full discretion in approving requests for trial periods.
30-Day money back policy
Subscribers are entitled to our 30-day money back policy within 30 days of purchasing a Model Portfolio Membership. This policy is only applicable to new customers and excludes those customers who are renewing their Model Portfolio Membership. A request to exercise the 30 day money back policy must be made on or prior to the date which is 30 days from the date of the first subscription payment.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 30 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to Australian Financial Complaints Authority (AFCA).
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Ocean Asset Research & Management Pty Ltd ABN 59 632 331 321
Last update: 15 May 2019