Market Analyst Terms & Conditions

Permission to use Market Analyst (comprising the software, the data which it retrieves and related documentation) is conditional on you agreeing to the Market Analyst Licence Terms. To use Market Analyst you will agree to be bound by the Market Analyst Licence Terms which are duplicated below. Access to Market Analyst will be denied if you do not agree to be bound by the Market Analyst Licence Terms.

1. About these Customer Terms and your agreement

1.1 These Customer Terms for Market Analyst Services ("Customer Terms") are the general terms and conditions on which we supply the Market Analyst Services to you

1.2 These Customer Terms are our Standard Form of Agreement, which, along with any other terms that you agree to are binding on you and us. The Standard Form of Agreement is available on our website at www.Market-Analyst.com or on request from our Client Services Department

1.3 Your agreement with us is made up of these Customer Terms and other terms contained in the documents we produce, including our periodically updated Price Guide and Services Guide, and any application or agreement forms you sign.

1.4 When we say:
(a) 'we', 'us' or 'our', we mean Market Analyst International Pty Ltd, which operates under the name "Market Analyst Software";
(b) 'you' or 'your' we mean you, our customer; and
(c) 'agreement' we mean your agreements with us for the supply of the Market Analyst Service.

1.5 We have also set out in section 16 some useful definitions of words we use in these Customer Terms.

1.6 Your agreement for each Service we provide you commences when you install and commence use of the Market Analyst service.

1.7 Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not pass any of your rights or responsibilities to anyone else.

1.8 In addition to your other obligations under these Customer Terms, you agree and acknowledge that:
(a) you have not relied on our skill, judgment, or any representation in deciding whether any Service or Product is fit for a particular purpose;
(b) you have not relied on any representation made by us that the Services will be free of interruptions or faults;
(c) you are responsible for making your own assessment of whether you need continuous fault free service;
(d) the Services are not supplied for the purposes of, and are not suitable for, supporting any application or use which needs continuous fault free service.
(e) You are responsible for making your own investment decisions.

2. Minimum term of your service agreement

2.1 If your Service Agreement specifies a Minimum Term, you agree to remain Connected for that Minimum Term. You may end your Agreement during the Minimum Term only in accordance with Section 12, which includes payment of a Cancellation Fee and all Charges

2.2 If your Service Agreement does not specify a Minimum Term, or your Minimum Term has expired, we will supply you with the Service for consecutive periods of 30 days until either you or we choose to end your Agreement in any of the permitted ways set out in Section 11.

3. Variations to your agreement and Charges

3.2 When you entered into the Services Agreement, you chose a price plan from our Price Guide and indicated which Services you required. You may change between the price plans described in our Price Guide upon the payment of the applicable fees.

3.3 If any variation by us would cause detriment to you, we will give you reasonable notice usually by an email to your nominated email address, and subsequently including a notice on your bill. Otherwise we may give you notice as set out under clause 13 of these Customer Terms. 

4. What we will provide to you

Services

4.2 Once you are Connected, we will take reasonable steps to make the Services available to you at all times.

Limitations to the Service

4.3 The Service is only available where suitable access to the Internet is available. It is your responsibility to ensure that you have a suitable Internet connection for use of the Service. You must also ensure that Market Analyst Services are not blocked by Firewalls and anti-virus software.

4.4 The quality and availability of the Services may sometimes be affected or disrupted by factors outside our control such as interruptions to Internet services from Other Carriers and Content Providers, lack of capacity and faults in other telecommunications networks to which the Network is connected.

4.5 We may change or withdraw some or part of the Service from time to time. This may be because of changing technologies, obsolescence, new or different product features or functionality, changing Content Providers and the need to remove, replace or modify Content.

4.6 Networks and the Service may also require upgrading, modification, maintenance, repair and other works from time to time. This may result in some or all of the Service becoming temporarily unavailable.

4.7 When subscribing to the Market Analyst program, access to both the Market Analyst program, and the data (including historical data) is subject to an active subscription.  If your subscription lapses or is cancelled access to both the Market Analyst program and data will end.

5. Market Analyst Software Licence Terms:

5.1 Market Analyst (comprising software and documentation) is provided to you on the basis of a non-exclusive and non-transferable licence for your own personal use only on a single computer accessible by only one user at a time. The licence commences on payment of the licence fee and continues while licence fees are being paid or unless terminated by notice from Market Analyst International Pty Ltd.

5.2 Licence restrictions: You will not sell, loan, rent, transfer or sub-licence Market Analyst or your rights under these Licence Terms without the prior written consent of Market Analyst International Pty Ltd.  You will not allow access to Market Analyst by multiple users at any one time through networking arrangements or otherwise. You will not use Market Analyst other than for your own personal use.  To protect Market Analyst International Pty Ltd's intellectual property rights in Market Analyst you will not, and will not allow or cause a third party, to decompile, disassemble, reverse engineer, copy or modify Market Analyst or use the whole or any part of Market Analyst to assist in the development of a similar or competitive product or otherwise use Market Analyst except as provided in these  Licence Terms. You will take appropriate measures to prevent unauthorised use or access to Market Analyst.

6. Support Services.

6.1 Support for 3rd Party Programs such as Firewalls, SPAM Filters etc are not covered. If a Market Analyst Support technician indicates a problem is caused by a 3rd party program it is your responsibility to resolve this issue before any additional support can be offered.

6.2 Support will not be available if your computer does not meet the minimum system requirements for Market Analyst.

6.3 While every effort is made to ensure emailed responses are not intercepted by SPAM filters, Market Analyst International Pty Ltd is not responsible for any delays caused by such email filtering programs. 

6.4 Support Tickets and Emails sent to our system will generate an automated response as a confirmation that they have been received.  In the event you do not receive a confirmation email it is highly likely your correspondence has not been received.  If this occurs, please resend the message ensuring your email address is correct.  If confirmation is still not received, please call the support team on 1300 655 262.  Market Analyst Software is not responsible for any delays that may occur due to this issue.

6.5 Support will be available Monday to Friday 9.00am to 4:30pm (GMT+10 Brisbane, Australia), but these times are subject to change without notice.  All support services are treated on a “first come first serve” basis and will be answered in the order they arrived into our system.

6.6 Remote Support Sessions (Remote Support Sessions involve a Market Analyst Support member connecting to your PC via an internet connection and taking control of the system) generally require a broad band internet connection to function correctly.  While remote supports may be attempted on slower connections, it is up to the support person’s discretion.

6.7 Financial advice and trading system development is not covered by our support services.  If your query is to do with the mechanics of trading please seek advice from a licensed advisor or market educator.

6.8 Abusive emails / tickets or those containing foul language can be deleted without response on the Support Manager’s discretion, with a warning sent via email.  Repeat offenders will have access to Market Analyst support services blocked from our system.
Abusive phone calls will not be tolerated.  All support team members may terminate an abusive phone call at their discretion.  A warning email will be sent once the call has been terminated. 

6.9 Excessive contact from a single client with regards to a single issue may lead to a temporary ban for on the Support Manager’s discretion.

6.10 Market Analyst reserves the right to record any telephone calls placed with its support or sales staff.  If you do not wish the conversation to be recorded please inform the operator at the start of the call so alternative support / sales arrangements can be provided.

7. Your Obligations

Pay your bills

7.2 Your bill will normally include your fixed Charges for the next Billing. The initial invoice may also contain a Charge for Connection. Any taxes, including the Goods & Services Tax (GST) will be added to your bill at the relevant rate where applicable. Our invoices will be compliant GST tax invoices and are delivered to you via email.

7.3 Payment is required in advance of the Billing Period.

7.4 We reserve the right to introduce a fee for paying your Account using a credit card. If we introduce such a fee we will provide you with sufficient notice of the fee and the date from which it will apply.

7.5 If you fail to pay your bill on time, you will be in breach of your Agreement and we may Suspend your Service, and you will still have to pay your outstanding Charges, including any fee for late payment. If we Suspend you and we agree to re-Connect you, you will be required to pay a re-Connection fee which will be added to your Charges.

7.6 If we take legal or other collection action against you for non-payment of the Charges, we may require you to pay our reasonable costs and expenses (including legal costs) of taking that action.

7.7 Any Charges billed monthly in advance may not be refundable upon termination of your Agreement for any reason. Any charges billed yearly in advance which attract discounts, may not be refundable upon termination of your Agreement for any reason.

7.8 Ordinarily we will accept payment of Charges by credit card, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured. You must pay all bank or credit card fees or charges where applicable. We reserve the right to require you to pay by direct deposit or credit card at any time and may require immediate deposit or payment.

7.9 By applying for Services, you undertake to provide your correct name, email, address and all other factual information. You agree that:
(a) if the Account is in your name as an individual, even where you have also nominated a business name, you have full contractual capacity to agree to the Agreement and are able to pay the Charges; or
(b) if an Account is established in the name of a company, the person that has opened the Account on behalf of the company is duly authorised to bind the company to the Agreement.

Responsible use of the Services

7.10 You may only use the Services:
(a) as stated in your Agreement; and
(b) for your own personal use. This means you must not resell or commercially exploit any of the Services, Content, or any Product.

7.11 You must not use the Services, or allow anyone else to use the Services, for illegal or improper uses. For example:
(a) for fraudulent, criminal or other activities in breach of any law (including without limitation, any law at any place where the communication or transmission was sent, viewed or received);
(c) in any way which breaches another person's rights, including copyright or other intellectual property rights;
(d) to copy, store, modify, republish or redistribute the Services or Content, except where we give you permission;
(e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Services or Network;

7.12 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your Services and Account. Fair use policy may apply

7.13 Your use of any of the Services that are provided free of charge or on a subscription basis is subject to our fair use policy. Under that policy you must use the Services within reasonable limits.

8. Complaints and Privacy Complaints

Privacy Policy

8.2 You are entitled to ensure that we only use your personal information in accordance with your Agreement and our Privacy Policy. Our Privacy Policy will not conflict with our obligations under law.

8.3 You agree that in accordance with our Privacy Policy:
(a) we may collect information about the way you use the Services, your preferences, your location when using the Services, while you use the Services;
(b) we may use your information to create and maintain your Account, provide you with the Services, enable you to communicate using the Network, collect your payments and prevent fraud and improper use;
(c) we may send you information about the Services and our products, including special promotions unless you tell us otherwise;
(d) calls between you and Customer Care may be monitored and recorded by us for training, quality and contractual purposes; and

8.4 Our data collection is limited to data you have provided us, your computer specifications and statistics from our servers, we will not collect information from your copy of our software products relating to how you use our products.

8.5 Our Privacy Policy applies to you and is available on our website or from Client Service Department.

9. Our Intellectual Property Rights

9.1 All rights, including copyright, in the Services belong to us or our licensed sources, such as a Data Exchanges.

9.2 Any trade mark and other related images, logos and names on Services are proprietary marks of our group of companies

10. Suspension of Services

10.1 We may, at our discretion, Suspend your Account or any or all Services without notice if:
(a) you have not complied with any of the terms of your Agreement;
(b) we are entitled to terminate your Agreement;
(c) we are unable to continue to provide the relevant Services. If this happens, we will credit you a pro-rata portion of any access fees and minimum spend commitments to your Account but otherwise Charges will continue to accrue;
(d) you have not paid the Charges on time;
(e) we reasonably believe you have provided us with false or misleading details about yourself;
(g) we receive a serious complaint against you which we believe to be genuine. If this happens, we will deal with the complaint in the manner set out in our complaint handling policy; or
(h) we are required to suspend your Services by the emergency services or other government authorities. All your Accounts and Services will be Suspended

10.2 If we Suspend your Account or Services as permitted by us under this Section 10, all of your Accounts and Services may be Suspended.

11. Ending this agreement and Disconnection

11.1 You may end your Agreement in the following ways:
(a) During Minimum Term If you have agreed to a Minimum Term you can end your Agreement during the Minimum Term, however you must pay us all the Charges you owe including any Cancellation Fee. Any early termination will be effective on the last day of the Billing Period.
(b) On 10 days notice if no Minimum Term If you have not agreed to a Minimum Term, or the Minimum Term has expired, you can end your Agreement at any time by giving at least 10 days written notice to Customer Care. Your agreement will finish no later than at the end of your current Billing Period.

11.2 We may end your Agreement in the following ways:
(a) On 30 days notice if no Minimum Term If you have not agreed to a Minimum Term, or the Minimum Term has expired, we can end your Agreement at any time by giving you at least 30 days written notice. Your Agreement will finish at the end of the Billing Period after the notice period. We cannot end your Agreement in this way during the term of your Handset Instalment Plan.
(b) Because of your conduct In the following cases we may end your Agreement immediately:
(i) you fail to pass any credit assessments which we consider to be reasonably necessary from time to time;
(ii) you do not comply with your obligations under your Agreement, including (without limitation) your obligation to pay the Charges on time;
(iii) we have Suspended your Services as permitted in Section 10 and we believe that your breach is serious or it has not been rectified;
(iv) you enter into bankruptcy, liquidation, administration, receivership, or are deemed to be insolvent or we otherwise reasonably believe that you will be unable to pay the Charges as they fall due;
(v) you are an individual and you die (in which case your estate must pay all Charges that are due), you are a partnership and you are dissolved or an application is made to dissolve you, or if you are a company, an application is made to wind you up; or
(vi) we reasonably believe that your communications with Client Services Department or any of our authorised dealers or sales agents, or your use of the Services, are jeopardising our operations, the Network or are of an unacceptable nature.
(c) No Network access or Services If we no longer have access to networks of Other Carriers that we need to provide the Services, or if we are no longer able to provide the Services or we cease business.

12. Effect of your Agreement ending

12.2 You must immediately pay all Charges that are due.

12.3 If your Agreement has a Minimum Term and we end your Agreement due to your conduct or if you end your Agreement during the Minimum Term, the Charges will include a Cancellation Fee.

12.4 After the Agreement ends, it is your responsibility to cancel any direct debits, standing orders, credit card authorities or other authorisations you may have given in relation to your Services or Account.

13. Liability Limits on our liability

13.1 All of our obligations to you relating to the Services are set out in your Agreement and, except as otherwise set out in this Section 13:
(a) all other terms, conditions and warranties relating to the Services are excluded;
(b) we will have no liability to you for anything that we or anyone who works for us does or does not do; and
(c) we and our Content Providers are not liable to you in any way for any loss, damage- including special, indirect or consequential damages, claims or costs of any kind including but not limited to any loss of income, business or profits or loss or corruption of personal information or data, sustained and arising out of or in connection with use of the Services or Product.

13.2 Nothing in your Agreement removes or limits our liability for death or personal injury caused by our negligence, our fraud or for anything that we cannot limit or exclude by law. Your statutory rights are not affected.

13.3 If legislation implies warranties or conditions which cannot be excluded, restricted or modified, to the extent that we are entitled, our liability will be limited at our option to: the supply of the Services again or the payment of the cost of having the Services performed again. Services - areas where we have no responsibility

13.4 We will try to ensure the accuracy, quality and timely delivery of the Services, however:
(a) we, Other Carriers and our Content Providers will not be responsible for any fault, inaccuracy, omission, delay or any other fault in the Services or Content, for any reason (including without limitation) where it is due to the fault of us, a Content Provider or Other Carrier; and
(b) we, Other Carriers and our Content Providers do not make any representations as to the accuracy, comprehensiveness, completeness, quality, fault or interruption free nature, compatibility, security or fitness for purpose of the Services or Content.

13.5 In providing you with access to any of the Services or Content, neither we or our Carrier or Content Providers are providing you with any advice of any nature, including, without limitation, investment advice. In respect of any Services or Content containing investment information, we are not communicating invitations or inducements to enter into investment agreements.

13.6 You agree to indemnify us, our employees, officers and any Other Carrier or Content Provider against all loss, damage, liability and expenses of any kind incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity brought against us or them in relation to use of the Services by you or any other person using the Services. Matters beyond our control.

13.7 We will not be liable to you if we cannot carry out our obligations, or provide the Services, because of something beyond our control.

13.8 This Section 13 will apply even after your Agreement has ended.

13.9 Market Analyst International Pty Ltd will not be liable in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect or consequential loss or damage) however caused, which may be suffered, or incurred or which may arise directly or indirectly in respect of the use of, or inability to use, Market Analyst Services.

14. Notices

14.1 We will consider you have received information from us if it is included on our website or if it is directly communicated to you by phone, message, email or mail using your most recent contact details given to us.

15. Other terms

15.2 Your Agreement is governed by the laws of Queensland. Each of us agree to only bring legal actions about your Agreement in the courts of that state at Brisbane.

15.3 If you, or we, delay, or do not take action, to enforce our respective rights under your Agreement, this does not stop you or us from taking action later.

15.4 If any of the terms in your Agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.

15.5 We may assign or transfer our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under your Agreement.

15.6 "Market Analyst" is a registered trade mark licensed to Market Analyst International Pty Ltd. Our Australian Company Number (ACN) is 103 112 009, our Australian Business Number (ABN) is 36 103 112 009 and our registered office is at Unit 7, 253 Leitchs Rd, BRENDALE, QLD 4500. Our website address is www.Market-Analyst.com.

16. Definitions

Any of the records we keep about you including records of your payments, outstanding Charges and your personal details.

• Agreement: the terms and conditions described in these Customer Terms, your Service Agreement, the Price Guide and any other terms (including without limitation those contained in any application or agreement forms we produce) you sign. It may also include any terms of use we display on your Handset.
• Billing Period: Our billing period for the Services and any Product as may change from time to time.
• Cancellation Fee: a fee charged when you cancel your Services before the end of the Minimum Term or where we have terminated the Service Agreement as a result of your breach. The fee may cover (without limitation) our administrative costs, costs incurred by us in Connecting and Disconnecting the Services for you, our payments to Other Carriers, our payments to dealers or agents and the cost of any Products sold to you by us.
• Charges: all charges for Services and Products as published in our periodically updated Price Guide or as notified to you from time to time including but not limited to usage charges, a Cancellation Fee, late payment fees and Software Payment Plan payments.
• Connection: the process of giving you access to the Services. "Connected", "Connecting", "Disconnection", "Disconnecting" and "Re-connection" have corresponding meanings.

• Content: any data provided by us or a Content Provider and that can be accessed using the Services.

• Content Provider: a person that supplies us, or you directly, with Content. This includes (without limitation) a person who supplies share market information and news services.

• Customer Care: our service team who are available to help you with your queries. They can be contacted by calling 1300 655 262.

• Messaging Services: any Services specified in the Services Guides enabling you to access, send and receive messages including but not limited to mail, fax, text or data messages.

• Minimum Term: the minimum fixed term for supply of the Services as agreed in your Service Agreement.
• Market Analyst Software: Market Analyst International Pty Ltd, or any organisation that may succeed it as the assignee of your Agreement.
• Price Guide: a statement of current usage charges, airtime charges, and other charges for Services and Products notified to you or to customers generally and amended by us from time to time.

• Product: any software which you use in conjunction with, or to access, the Services.

• Services: the data service or any other service that we provide to you under your Agreement.
• Service Agreement: the agreement that you have with us for supply of the Services to you as amended from time to time. The Service Agreement may be in writing and/or made verbally.
• Services Guide: our descriptions of our current services. These may be amended by us from time to time and are available on our website.

• Software: any software that we licence or make available to you from time to time.

• Suspension: the temporary Disconnection of or any part of the Services. "Suspend" has a corresponding meaning.
  

Standard From Of Agreement Customer Terms for Market Analyst Services, Version 4, September 2009 -  © Market Analyst International Pty Ltd