Terms of Use

User Agreement

In This User Agreement:

“Account” means anonymous browsing and/or your account created to use, and/or purchase on this website corporate, business or personal.

“Customer” means anyone who reads, uses or interacts Australian Analytics or consumes Australian Analytics Services, regardless if it is paid, free or anonymous.

“Australian Analytics”, “we”, “our”, or “us” means whoever operates and runs the website and/or provides the services to you.

“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.

“Australian Analytics Services” means services delivered by Australian Analytics, including but not limited to blogs, sites, reports, editorial and charts.

“User”, “you” or “your” means any entity who uses the website

“User Contract” means:

(1) this User Agreement;

(2) any other provisions acknowledged by both the Australian Analytics and Customer, to the degree not conflicting with the User Agreement and the Privacy Policy;

“Website” refers to the websites and services operated by Australian Analytics and any connected Australian Analytics services, implements or websites.

1.  Summary

By browsing, using the Website and/or opening an account and using the Website, you acknowledge and agree to the subsequent terms with Australian Analytics.

We might change User Agreement along with any related material as required by posting amended terms on the Website.

2.  Scope

As you start utilising Australian Analytics Website, read the whole User Agreement, relevant terms and all related information.

You need to read and accept all of the terms in this User Agreement, the Privacy Policy and all Website disclaimers and policies. You confirm that this User Agreement will relate to whenever you use the Australian Analytics Website, services provided and any products we make accessible.

3.  Eligibility

You will refrain from using Australian Analytics Website if you:

i. barred form legally binding contracts; or

ii. are below the age of 13; or

iii. a person forbidden from receiving services under the rules of Australia or other appropriate jurisdiction; or

iv. are banned from using the Australian Analytics Website.

Subject to your native rules, an individual over 13 but under 18 can use a regular account with the consent of the account owner. Though, the account owner is accountable for entirety performed with that account.

Users might arrange for a commercial name or a business name to be linked with the User’s Account. Users accept and come to an agreement that where a commercial name or business name is related with their Account, this User Agreement is an agreement with the User as an officer of that business and Users stay solely accountable for all activity carried out in relation of their Account.

We might refuse to accept an individual or business entity as a User at our sole discretion.

4.  Using Australian Analytics

While using the Australian Analytics Website, you will not:

i. post content or items in inappropriate categories or areas on our websites and services;

ii. infringe any laws, third party rights or our policies;

iii. fail to deliver payment for services delivered to you, unless Australian Analytics has materially changed Australian Analytics Service provided or a clear typographical error is made;

iv. circumvent or manipulate our fee structure, the billing process, or fees owed to Australian Analytics;

v. work with false, inaccurate, misleading, defamatory or offensive content;

vi. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

vii. distribute viruses or any other technologies that may harm Australian Analytics, the Website, or the interests or property of Australian Analytics users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

viii. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Australian Analytics Website;

ix. copy, modify or distribute rights or content from the Australian Analytics Website or Australian Analytics’s copyrights and trademarks; or

x. harvest or otherwise collect information about Users, including email addresses, without their consent.

5.  Intellectual Property Rights infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via info@securedatapower.com and we will investigate.

6.  Fees And Services

We charge fees for certain services, such as initial purchase fees and add on fees. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on websites) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

Unless otherwise stated, all fees are quoted in Australian Dollars.

7.  Content

You represent and warrant that your content:

i. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

ii. will not violate any law or regulation;

iii. will not be defamatory or trade libellous;

iv. will not be obscene or contain child pornography;

v. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

vi. will not contain material linked to terrorist activities

vii. will not include incomplete, false or inaccurate information about User or any other individual; and

viii. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

8. Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Australian Analytics (and those we work with) a worldwide license to use, host, store, communicate and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.

9. Account Terms

You are responsible for your account credentials and security and maintaining the security of these. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

(1) You are responsible for all content added to Australian Analytics and activity that occurs within your account;

(2) You may not use Australian Analytics for any illegal purpose or to violate any laws (including but not limited to copyright laws);

(3) You are responsible for properly managing users of your account, all activity performed by your users;

(4) You are responsible for assigning appropriate permissions and responsibilities to your users, managing these and any actions performed by your delegates.

10. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Australian Analytics and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

11. Right to Review

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

12. No Guarantee

While every effort has been made to ensure the Website reflects correct information, You agree and understand that we do not guarantee currency or accuracy of the information contained within our blogs, websites or services. You hereto acknowledge and agree that Australian Analytics cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by Us. Rather, Australian Analytics shall conduct its operations and provide services in a professional manner and in accordance with good industry practice. Australian Analytics will use its best efforts and do not promise results.

All of the commentary, statements of opinion and recommendations we provide in relation to financial products contain only general advice.  That is, those statements of opinion and recommendations have been prepared without taking into account your personal objectives, financial situation or needs.  Before you act on the general advice we provide, please consider whether it is appropriate for your personal or individual circumstances.

13. Right To Refuse Service

We might chose to close your account, at our sole description, including but not limited to the reasons outlined below:

i. if we conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;

ii. if you breached a law;

iii. if you breached someone’s Intellectual Property Rights;

iv. if you engage in fraudulent or deceptive activities;

v. we are required to do so by law;

vi. you might result in risk to us;

vii. you result in loss to us;

viii. you are offending or a risk to another user;

ix. for other similar reasons.

If we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full

14. Disputes With Us

In case of any disputes we strongly advice to get in touch with us, usually disputes arise due to misunderstandings and we would be happy to assist you.

All disputes you file against us must be resolved in accordance with these terms and conditions. We will endeavour to assist you however Australian Analytics’s inability to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

15. Privacy

Your privacy is of utmost importance to us. Any of your personal details will only be used by us in accordance with our Privacy Policy. If you do not agree with this policy in any way please refrain from using our services.

16.  Indemnity

You will protect us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the Australian Analytics Website and Australian Analytics Services.

17.  License

Australian Analytics grants You a non-exclusive, non-transferable and revocable license to use the Website and related documentation, reports and charts Australian Analytics provides for use (“Website”). You may not make, or allow others to make, copies.

You may not modify Website or create derivative works and may not translate, reverse engineer, disassemble or decompile Software.

18. Limitation Of Liability

Under no circumstances shall we be liable for:

i. any unintended, consequential, distinctive or related damages that might arise;

ii. any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;

iii. any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.

The limits on our accountability to you will be effective if we or not, staff, our affiliates, our related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising. This Website is provided “As Is” and Australian Analytics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY OF ANY DATA. ALL DATA IS PROVIDED “AS IS.” DUE TO THE NATURE OF SOFTWARE, HARDWARE AND DATA, ERRORS AND INTERRUPTIONS MAY OCCUR AND CUSTOMER HAS ALL RISKS FOR QUALITY AND PERFORMANCE. No oral or written information provided by Australian Analytics, its employees or other representatives will create any warranty.

Nothing in scope of this User Agreement is envisioned to exclude or limit any liability where and to the degree that appropriate law disallows such rejection or restraint as well as those in the Competition and Consumer Act 2010 (Cth) and applicable state policies and laws.

19. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AUSTRALIAN ANALYTICS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

20. Liability for our Services

WHEN PERMITTED BY LAW, AUSTRALIAN ANALYTICS, AND AUSTRALIAN ANALYTICS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AUSTRALIAN ANALYTICS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN OR, IF NO PAYMENT WAS PROVIDED $1).

IN ALL CASES, AUSTRALIAN ANALYTICS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

21.  Jurisdiction Limitations

In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permit table by these laws.

22.  Bar to Action

We reserve the full right to use this agreement as bar to your action, claim, court appointment or any other relevant act covered in essence and/ or spirit in this agreement. We reserve the right to use this agreement and clauses within as a main contract between you and us.

23.  No Class Actions

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

24.  Law and Forum For Legal Disputes

This Agreement will be governed in all respects by the laws of New South Wales, Australia. If a dispute cannot be resolved then you and Australian Analytics irrevocably submit to the non-exclusive jurisdiction of the courts of Sydney, Australia.

25.  Severability

The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision

26. Interpretation

Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.

27.  No Waiver

Our inability to action with regards to an expected or actual breach by others or you does not relinquish our right to act with regards to following or comparable breaches. No meaning in this section is intended to restrict your accountability due to any fraud or deceitful misrepresentation.

28.  Communications

You agree to accept announcements and material from us in regard to the Website by electronic message. You may pull out this agreement at any time, however should you chose to do so we might decide on to suspending or closing your Account.

29.  General

This Agreement covers all the terms, obligations and responsibilities between you and Australian Analytics. In case of termination of this agreement following sections will remain: Anything with respect to fees owed for our services, Release, Disputes With Us, Content, Bar To Action, No Warranty As To Content, Indemnity, Limitation Of Liability and No Class Actions.

No financial advice

All of the commentary, statements of opinion and recommendations we provide in relation to financial products contain only general advice.  That is, those statements of opinion and recommendations have been prepared without taking into account your personal objectives, financial situation or needs.  Before you act on the general advice we provide, please consider whether it is appropriate for your personal or individual circumstances.

By using, reading or browsing any of the blogs, websites and services offered, you specifically agree that We, Our employees, officers, editors, publishers and directors, will not provide personal financial product advice and that any advice published will not take into consideration your specific circumstances, objectives or needs. Any analysis and data provided is of a general nature and should not be construed as specific advice or relied upon in lieu of appropriate professional advice. We do not warrant the accuracy, currency or completeness of the editorial work, data, reports or any other material provided and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with you accessing or using material provided by us.