(to be read in conjunction with any other agreement which describes the products and services we will provide to you, which we may agree with you from time to time (the Terms of Agreement)).
- We reserve the right to accept or decline on any grounds we consider appropriate, any organisation or individual seeking to become a Sharesight Professional Partner.
- you are younger than 18; or
- you are not of legal age to form a binding contract with Sharesight.
- You may only access and use the Sharesight Professional Partner Plan to manage client portfolios and you are responsible for all activity on your account.
- You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief.
- You must ensure that your access to and use of Sharesight is not illegal or prohibited by any laws which apply to you.
- You must take your own precautions to ensure that the process which you employ for accessing Sharesight does not expose you to risk of viruses or other forms of interference which may damage your systems or data. We take no responsibility for any such damage caused to your systems or data.
- You must make reasonable efforts to investigate and diagnose technical problems before contacting us. If you still need technical support, please check the support provided online by us or contact Sharesight’s customer support, if this is available as part of your Subscription Plan. Sharesight has no obligation to provide customer support services to you for any third party services or software not owned by us that integrates into Sharesight (Third Party Services).
- You acknowledge that you are solely responsible for the accuracy of data that you enter into Sharesight and all results and analysis from your use of Sharesight.
- You acknowledge that you are responsible for your use of Sharesight and for maintaining the confidentiality of passwords and any other information. You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of. Sharesight may reset your password following a breach of security and you must take all other actions that Sharesight reasonably deems necessary and advises to you.
- You agree that if any data is provided to Sharesight by you, including data provided for or on behalf of any third party, all applicable consents (including privacy) have been obtained regarding the data. You agree that you have the right to disclose the data and the right to grant the use of such data to Sharesight.
- When accessing and using Sharesight, you must:
- not attempt to gain unauthorised access to any information, or attempt to undermine the security, integrity or functionality of Sharesight;
- not use, or misuse Sharesight in any way which may impair the functionality of Sharesight; and
- not transmit, or input into Sharesight any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law.
- You agree that to the extent that you authorise that a third party access Sharesight or your Sharesight account on your behalf (an Account User):
- you are responsible for controlling all Account Users’ level of access to Sharesight at all times;
- you are responsible for all Account Users’ use of Sharesight, and we have no responsibility or liability for the actions of any Account User;
- you are responsible for all Account Users’ access to data you have input into Sharesight and you agree that we have no obligation to provide any Account User to access to such data without your authorisation or as required by law; and
- we will not be a party to any dispute between you and an Account User for any reason.
- We will ensure information submitted on the login and signup pages is transferred between you and our servers using HTTPS encryption or similar.
- We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime, but do not make any guarantees that there will be no loss or corruption of data that you have input into Sharesight. We expressly exclude liability for any loss or corruption of data, no matter how caused. You should ensure that you keep up-to-date records of all your data inputted into Sharesight.
- We intend that Sharesight should be available 99% of the time, 24 hours a day, seven days a week. However, it is possible that on occasions, Sharesight may be unavailable. If we have to interrupt your use or access to Sharesight for longer periods than we usually anticipate, we will use reasonable endeavours to publish details of such activity on Sharesight in advance. We will have no liability to you for the unavailability of Sharesight.
Fees and charges
- We will charge you, and you agree to pay, the Subscription Fee for the Professional Partner Plan level selected (the Subscription Plan) when subscribing to Sharesight or as otherwise agreed in writing (Subscription Fee).
- All fees and charges and all prices for access to Sharesight exclude GST where applicable.
- You authorise us to invoice and receive payment from you by direct debit and in advance for Subscription Fees on a monthly basis, annual basis or as otherwise agreed in writing, until termination of your Sharesight account and you cease to use Sharesight or if you downgrade to a free Subscription Plan.
- Your credit card details will be encrypted and securely stored by a third party payment solutions provider approved by us. We will not store or have access to your credit card details. In supplying your credit card details to our payment services provider, you authorise us to invoice and the payment service provider to process payment of your Subscription Fees and any other outstanding amounts (as applicable) as they become due.
- Invoices are calculated on a monthly or annual basis, based on your Subscription Plan or as otherwise agreed in writing. Where you upgrade your Subscription Plan, any additional costs payable by you will be prorated for the remaining period of the calendar month or year (as applicable) in which you upgrade your Subscription Plan, and you will be billed on the basis of whole calendar months or years (as applicable) going forward, unless otherwise agreed in writing.
- If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of the dishonoured payment and cancel your subscription.
- You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.
- Changing your Subscription Plan may cause loss of content, features, or capacity of the service you receive on Sharesight, and we do not accept any liability for losses arising as a direct or indirect consequence of this.
- No refunds or credits for your Subscription Fee will be provided if you elect to downgrade or terminate your Subscription Plan. In the case of a downgrade, the new Subscription Fee for the downgraded Subscription Plan will apply from the beginning of the calendar month or year following the month or year (as applicable) in which the Subscription Plan was downgraded.
- We are the owners of all intellectual property rights used on or in connection with Sharesight, including (but not limited to) the copyright material, patents and trademarks used on Sharesight.
- We have no intellectual property rights in the data input by you into Sharesight, other than to hold and make it available for the purposes contemplated by these Term of Use or for which it was provided.
- No licence is granted to any person in respect of the intellectual property rights used on Sharesight as a result of publication on Sharesight. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.
- You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on Sharesight without our prior written permission (other than information which is your data as described in clause 3.1).
- Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on Sharesight for your professional use as a Sharesight Professional Partner only. Any copyright notice on that information must be retained on the copy.
Disclaimer and limitation of liability
- We are not a financial product advisory service and Sharesight does not provide financial product advice. The information provided on Sharesight is numeric information only based on publicly available data, data entered by the user or data otherwise available to us and the information presented in the reports is derived from that information as a result of Sharesight’s performance methodology and commonly used calculations. This information is not a recommendation nor is it a statement of opinion. The information should not be relied upon for making investment decisions and it is recommended that you seek your own independent financial advice before making any decisions in relation to your clients’ investments. It is your responsibility to determine that Sharesight meets the needs of your business and your clients.
- Although the Sharesight taxation reports may be used to compute taxation information, the information provided is not conclusive and does not constitute tax advice. Sharesight is not a registered tax agent and does not provide tax advice. You should consult an independent tax advisor for tax advice. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage and access to the data input into Sharesight will comply with the laws applicable to you.
- To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to Sharesight, our performance methodology and the information and reports referred to in clauses 7.1 and 7.2 including but not limited to, warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing:
- access is provided on an “as is” and “as available” basis – we do not warrant that Sharesight will operate in an uninterrupted or error-free manner and we will not be responsible for the results of any actions taken in reliance on Sharesight;
- we do not warrant that any third party services that Sharesight integrates into, will operate, perform or function, or that the integration will perform; and
- information which is transmitted to or from you is transmitted at your sole risk and we do not accept any responsibility for any interference or damage to any computer system which arises in connection with you accessing Sharesight.
- Where legislation implies any guarantee, representation or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such implied term, that implied term will be deemed included but our liability will be limited for a breach of that term (other than a guarantee as to title or undisturbed possession) to one or more of the following:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- any claim by any third party that you do not have the right to use any data, or that your use of any data is a breach of a third party’s intellectual property rights.
- If an Event of Breach occurs, we may immediately (at our sole discretion) and without notice:
- terminate your account and your use of Sharesight;
- suspend for any definite or indefinite period of time, your use of Sharesight; and/or
- suspend or terminate access to the data you have input into Sharesight.
- An Event of Breach occurs if:
- you are, become, or are deemed to be, insolvent or bankrupt;
- you make an assignment for the benefit of, or enter into or make any arrangement or composition with your creditors;
- you go into receivership or have a receiver, trustee and manager (or either of them) (including a statutory manager) appointed in respect of all or any of your property; or
- any resolution is passed, or any proceeding is commenced, for the winding up or liquidation of that other party (other than for the purposes of a solvent reconstruction).
- You will not be entitled to a refund if we discontinue or suspend your account under clause 8.1.
- We may also discontinue or suspend your account, or reduce the services available to you, for any reason, by giving you one month’s notice.
- You may cancel your account for any reason by giving us one month’s notice. If you cancel your account under this clause 8.5, you will not be entitled to any Subscription Fee paid in advance for the remaining period of the calendar month or year (as applicable) of your Subscription Plan.
- Where we discontinue or suspend your account or reduce the services available to you under clause 8.4 you may be entitled to a partial refund.
- Following the termination of your account, we reserve the right to delete all your data input into Sharesight in the normal course of operation. You acknowledge and confirm that your data cannot be recovered once it is deleted and we will have no liability for any deleted data.
- If an Event of Breach occurs, we may immediately (at our sole discretion) and without notice:
- If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, that provision (or part of that provision) will be severed from the remaining terms and conditions, which will continue in full force and effect.