Kalkine Media Pty Limited ABN 84 629 651 672 (“Kalkine Media”, “us” or “we”) owns and operates the website https://kalkinemedia.com/au (“Website”) and our related mobile or software application (“App”).

Access to and use of this Website, our App and the products and services available through our Website and App (collectively “Services”) is subject to the following terms and conditions (“Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

• Amendments to Terms of Use

Kalkine Media reserves the right to amend these Terms of Use from time to time. Amendments will be effective after reasonable notice of the amendments on this Website, the App and/or by email. Your continued use of the Website or App after the amendments take effect will represent an agreement by you to be bound by the terms and conditions, as amended.

• Website

Access to this Website and App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website or App.

• Linked sites

Our Website or App may contain links to other websites (Linked Sites), which are not operated by Kalkine Media. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

• Privacy Policy

Our Privacy Policy, which sets out how we will use your information, is available at https://kalkinemedia.com/au/page/privacy-policy. Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

• Prohibitions
  • You must not misuse our Website or App. You must not:
    • commit or encourage a criminal offence;
    • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    • hack into any aspect of the Services; corrupt data; or cause annoyance to other users;
    • infringe upon the rights of any other person;
    • send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
    • attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Website.

Breaching this provision may constitute a criminal offence and Kalkine Media may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data or other proprietary material due to your use of our Website or App or due to your downloading of any material posted on them, or on any Linked Sites.

• Content you submit to our Website or App
  • Content: By uploading, transmitting, posting or otherwise making available any content via the Website or App, you:
    • grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, sublicence, edit and exploit the content in any form and for any purpose;
    • warrant that you have the right to grant the licence above;
    • warrant that the content has not been published previously anywhere in the world or submitted to a third party for publication;
    • warrant that the content does not breach intellectual property rights or any other rights of any third party and does not contain defamatory statements;
    • irrevocably consent to us taking any action in respect of the content that you submit that may otherwise infringe your moral rights (as defined by the Copyright Act 1968 (Cth)) and you waive all rights to make any claim against us which you may have in respect of the content you submit.
  • We reserve the right to review, modify, reformat, reject or remove any content which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, has the potential to harm, endanger or violate the rights of any person.
  • Kalkine Media accepts no responsibility for the content, its accuracy or its conformity to applicable laws. You will indemnify and hold harmless Kalkine Media against all third party claims, demands and actions brought against Kalkine Media which arises from or relates to the content submitted by you.
• Intellectual property, software and content

The intellectual property rights in all software and content made available to you on or through our Website and App remain the property of Kalkine Media or its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Kalkine Media operates. All such rights are reserved by Kalkine Media and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website or App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine Media.

• Information

The Website and App have been prepared for informational purposes only and are not intended to be used as a complete source of information on any particular company. Kalkine Media is not responsible for material posted on this Website or App and does not guarantee the content, accuracy, or use of the content on the Website or the App. No advice or information, whether oral or written, obtained by you from Kalkine Media or through or from the Service shall create any warranty not expressly stated.

Kalkine Media does not offer advice based upon your personal financial situation or goals, and we shall NOT be held liable for any investment or trading losses you may incur by using the opinions expressed in our publications, market updates, news alerts and corporate profiles. Kalkine Media does not in any way endorse or recommend individuals, products or services that may be discussed on the Website or App. You should discuss your portfolios and the risk tolerance level appropriate for your personal financial situation with a professional licensed financial planner and adviser. Our publications are NOT a solicitation or recommendation to buy, sell or hold the stock of the company (or companies) or engage in any investment activity under discussion. We are neither licensed nor qualified to provide investment advice.

• Disclaimer of liability
  • Subject to any non-excludable consumer guarantees set out in the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001, Kalkine Media makes no warranty, guarantee or representation about:
    • the accuracy, reliability, completeness or timeliness of any information provided on or accessed via the Services;
    • the merchantability or fitness for a particular purpose of any of the products or Services referred to or accessed via the Website, the App or any Linked Website;
    • the security of any information you transmit to Kalkine Media; or
    • the Website, the App or any Linked Sites being free from viruses, the Services operating uninterrupted or error free and any errors or defects being corrected.

Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services resupplied.

• To the fullest extent permitted by law, Kalkine Media, its directors, officers, employees, consultants, agents and affiliates are not liable for any loss or damage whatsoever, including but without limitation for any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, which you may directly or indirectly suffer in connection with or arising out of or related to:
  • your access to, or use or performance of, our Services, Website, the App or Linked Sites; or
  • your access to, or use or reliance on information provided in or accessed via our Services, Website, App or Linked Sites,

irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

• This does not affect Kalkine Media’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

• Indemnity

You agree to indemnify, defend and hold harmless Kalkine Media, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:

• your access to and use of our Services, the Website, the App or any Linked Sites;
• reliance by you on any information provided on or accessed via our Services, the Website, the App or any Linked Site; or
• your breach of the Terms of Use.

• Advertising/Sponsorship and Guest Post

Parts of the Website and App contain advertising and material provided by sponsors. Advertisers and sponsors are solely responsible for ensuring that material submitted by them for inclusion on the Website or App is in compliance with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, any information which is defamatory, obscene, threatening or untrue. We shall not be responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

Opinions and other statements expressed by users and third parties (e.g., experts, bloggers and guest posters) are theirs alone and are not opinions of Kalkine Media. Content created by third parties is the sole responsibility of the third parties and the content’s accuracy and completeness is not endorsed by Kalkine Media or guaranteed.

• Variation

We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Website or App.

• Breach

If you breach these Terms of Use, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete or deactivate your account.

• Assignment

These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party.

• Waiver
  • If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
  • If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
• Enforceability

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remaining provisions.

• Governing law
  • These Terms of Use are governed by and construed in accordance with the law for the time being in force in New South Wales and you, by agreeing to these Terms of Use, are deemed to have submitted to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
  • Our Website and App may be accessible from outside of Australia. We make no representation that our Website and App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website or App from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.

Last Updated: 16 December 2020