TOSD / FINDERS
TERMS OF USE AGREEMENT

 

NOTICE.

This Finders Web Site consists of a collection of pages containing information which you may or may not choose to utilise and it is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms and Conditions”). Your use of the Web Site constitutes your agreement to all such Terms and Conditions.

MODIFICATION OF THESE TERMS OF USE.

Finders reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Web Site constitutes your agreement to all such Terms and Conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained on the Web Site. You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract and/or download any information, including without limitation, any members private information or any financcial data, from the Web Site.

LINKS TO THIRD PARTY SITES.

The Web Site may contain links to the Web sites controlled or offered by third parties (non-affiliates of Finders). Finders disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from the Web Site. By creating a link to a third party Web site Finders does not endorse or recommend any products or services offered or information contained at such linked Web site, nor is Finders liable for any failure of any products or services offered or advertised at such linked Web site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked Web site. Any dealings with third parties (including advertisers) included within the Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Finders shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE.

As a condition for your use of the Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. The Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Web Site in any manner which could damage, disable, overburden or impair the Web Site, the networks connected to the Web Site, or interfere with any other party’s use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to the Web Site by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information, including without limitation, any other site members information, through any means not intentionally made available through the Web Site, including without limitation, through the use of any Web scraper, spider or robot.

USE OF SITE COMMUNICATION SERVICES.

The Web Site may contain bulletin board services, chat groups, forums or other communication facilities designed to enable you to communicate with others (collectively the Communication Service). You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. You may not use the Communication Service to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Communication Service to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information, or to advertise or offer to sell or buy any goods or services. While the administrators and moderators of the Communication Services will attempt to remove any generally objectionable material as quickly as possible, it is impossible to read every message. Therefore if you use any of these Services, either as a viewer or a participant, - You acknowledge that all posts made to these Services express the views and opinions of the author and not the administrators, moderators, or webmaster (except for posts by these people) and hence they will not be held liable.

Finders has no obligation to monitor the Communication Service, however Finders reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. Finders reserves the right to terminate your access to the Communication Service at any time, without notice, for any reason whatsoever.

MATERIALS PROVIDED TO FINDERS.

Finders does not claim ownership of any materials you provide to Finders (including feedback and suggestions) or post, upload, input, provide or submit to the Web Site for review by members of the general public, or by members of any public or private group (each a Submission). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Finders and its agents permission to use your Submission in connection with Finders operation of the Web Site and its other businesses, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.

NO RIGHT TO REDISTRIBUTE WEB SITE MATERIALS.

You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Web Site without Finders express written permission, which permission may be withheld in Finders sole discretion.

NO INVESTMENT ADVICE.

The information contained on the Web Site has no regard to the specific investment objective, financial situation or particular needs of any specific recipient. Finders does not endorse or recommend any particular securities, currencies, or other financial products. The content published on the Web Site is solely for informational purposes and is not to be construed as solicitation or any offer to buy or sell any spot currency transactions, financial instruments or other securities. Finders does not represent or guarantee that any content on the Web Site is accurate, nor that such content is a complete statement or summary of the marketplace. Nothing contained in the Web Site is intended to constitute investment, legal, tax, accounting or other professional advice and you should not rely on the reports, data or other information provided on or accessible through the use of the Web Site for making financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided herein prior to making any investment decisions.

PRODUCTS AND TOOLS.

For your convenience, Finders may make available on the Web Site products, tools and utilities for use and/or download (the Tools). Finders does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Tools. The Tools may be copyrighted works of Finders and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to install such Tool. If a Tool is not accompanied by a license agreement, Finders hereby grants to you a revocable, personal, non-transferable license to use such Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Web Site or the Tools is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly. You may not use the Tools to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Tools in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of Finders, would reflect negatively upon the reputation of Finders, the Web Site or the Tools.

LIABILITY DISCLAIMER.

THE TOOLS, WEB SITE AND ANY SERVICES, CONTENT, OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED AS IS. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TOSD/FINDERS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEB SITE, INCLUDING BUT NOT LIMITED TO ANY CURRENCY EXCHANGE RATES; (B) THE RESULTS OBTAINED FROM THE USE OF THE TOOLS OR WEB SITE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE TOOLS OR WEB SITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

FINDERS: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE TOOLS OR WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE USE OF THE TOOLS, SERVICES, WEB SITE, AND INFORMATION CONTAINED THEREON, IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) FINDERS IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION CURRENCY EXCHANGE INFORMATION) PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; (B) TOSD/FINDERS SHALL HAVE NO LIABILITY ARISING FROM ORDERS, INVESTMENT DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES (INCLUDING FINANCIAL INSTRUMENTS AND CURRENCY) BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR WEB SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL FINDERS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF FINDERS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS, SERVICES, AND WEB SITE.

INDEMNITY.

You agree to indemnify and hold Finders, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site.

COPYRIGHT.

The Web Site and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Web Site may be copied or retransmitted without the express written permission of Finders.

GENERAL.

Your use of the Web Site shall be governed by all applicable Federal laws of Australia and the laws of the State of Victoria. Certain sections or pages of the Web Site may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Your agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and Finders. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.