Privacy Policy

This Privacy Policy applies to Portfolio Owl Pty Ltd (ACN 600 926 574 ) and its affiliates ("we", "us", "our") and explains how we handle personal information and comply with the requirements of applicable privacy laws ("Privacy Laws"). If you have further questions relating to this policy please contact us using the contact information below. We recognise the importance of your privacy, and that you have a right to control how your personal information is collected and used.

Collection of Personal Information

We collect personal information from customers (existing and prospective), prospective employees and other individuals for various business and other purposes listed in this privacy policy.

The types of personal information we will collect from you will depend on the circumstances in which that information is collected. It may include:

  • contact details (including your name, address, email, phone and facsimile details);
  • information required for you to open an account with us or otherwise do business with us including bank account details, and any other relevant financial information;
  • information required as part of a recruitment process;
  • statistical information regarding the use of the our websites, including website users' IP addresses and the dates and times of visits;

We collect personal information in a number of ways, including but not limited to

  • when you submit information through the Portfolio Owl websites, such as when you register a user account, retrieve log-in information, or request a new password;
  • when you submit an application form;
  • when you register for subscriptions to mail outs (including via email), newsletters, updates, or other related information/publications through the Portfolio Owl website(s);
  • when you use the Portfolio Owl website, in which case our system may automatically collect information relating to your visit to the Portfolio Owl website(s), such as your IP address;
  • when you contact us (through the website(s), via email or phone) with queries or issues or request that we, our content providers, or associates contact you.

If you do not provide us with the information we request, we may not be able to fulfill the applicable purpose of collection, such as to supply products or services to you.

Where practicable, we will collect personal information directly from you. If we receive information about you from someone else, we will take reasonable steps to ensure you are aware that we have collected personal information about you and the circumstances of the collection.

Use and Disclosure of Personal Information

We will only use and disclose your personal information in accordance with Privacy Laws and this Privacy Policy.

Our main purposes for collecting, holding, using and disclosing personal information are the following:

  • to supply products or services to our customers;
  • to obtain products and services from our suppliers;
  • to respond to enquiries from existing or prospective customers seeking information about our products or services;
  • to improve the products and services that we supply to you;
  • to process and assess employment applications;
  • to enforce agreements between you and Portfolio Owl;
  • to conduct competitions and trade promotions;
  • to comply with legislative and our policy requirements;
  • for the purposes of conducting analysis about the deployment and use of our products and services and the technology that supports our products and services, in Australia or elsewhere;
  • to provide information to, and respond to queries from, shareholders or suppliers.

We generally explain at the time we collect personal information how we will use or disclose that information. We will only use or disclose personal information for a purpose other than for which it was collected or a related purpose if you have consented to such different use or disclosure or such use or disclosure is otherwise allowed by the Privacy Laws.

In carrying out our business, it may be necessary to share information about you with and between our affiliates and organisations that provide services to us.

We may aggregate information that we collect and use it for purposes outside the scope of this Privacy Policy. Any aggregated data used for those purposes will have all personally identifiable information removed.

Service Providers

We use service providers to help us provide our products and services, and to carry out our business operations. This includes independent contractors and consultants, off-site security storage providers, and providers of electronic fund transfer services, account monitoring and identity verification services. We may provide your personal information to these service providers to use in connection with the supply of services to you.

Disclosure of information outside the jurisdiction of collection

We may disclose personal information outside of the jurisdiction from which it was collected. In the conduct of our business, we transfer to, hold or access personal information from various countries including Australia and the United States of America. The privacy laws of those countries may not provide the same level of protection as the privacy laws of the country from which the personal information was collected. However, this does not change our commitments to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure.

Direct Marketing

We may use personal information you have provided to us to send you information about content available on the Portfolio Owl website(s), new or updated content, special offers, promotions or competitions or other items or material that you may be interested in.

We may also share your personal information with our content providers for the same purposes. If you are receiving promotional information from us and do not wish to receive this information any longer, please contact us directly, or use the unsubscribe facilities included in our marketing communications.

Our Website Privacy Practices

We sometimes use cookie technology on our websites to provide information and services to web site visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of members and determine overall traffic patterns through our websites.

If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of the services on the website.

Links to other websites

Our websites may contain links to third party websites. These linked sites are not under our control and we are not responsible for the content of those sites nor are those sites subject to our Privacy Policy. Before disclosing your personal information on any other website we recommend that you examine the terms and conditions and Privacy Policy of the relevant site. Portfolio Owl is not responsible for any practices on linked websites that might breach your privacy.

Employee information

This Privacy Policy does not apply to the handling of information about employees by us. For information about our practices relating to employee information please contact info@portfolioowl.com.au

Accessing and correcting the information we keep about you

If at any time you want to know exactly what personal information we hold about you, you are welcome to request access to your record by contacting us at info@portfolioowl.com Our file of your information will usually be made available to you within 21 days.

If at any time you wish to change personal information that we hold about you because it is inaccurate or out of date, please contact us at info@portfolioowl.com and we will amend this record. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.

Storage and security of your personal information

We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate, up to date and complete. Your information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by us.

Retention of information

When we no longer need to use your information, or are no longer required to retain it by law, we will take steps to properly de-identify or destroy it.

Future Changes

We reserve the right to change this Privacy Policy at any time and notify you by posting an updated version of the policy on its website. If at any point we decide to use personal information in a manner materially different from that stated at the time it was collected we will notify users by email or via a prominent notice on our website, and where necessary we will seek the prior consent of our users.

Contact Us

If you have any concerns or complaints about how we handle your personal information, or if you have any questions about this policy, please contact us:

Portfolio Owl Pty Ltd
C/O Compliance Officer
Level 1, 298 Coventry Street
South Melbourne, VIC 3025
info@portfolioowl.com

In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right, depending on the jurisdiction, to make a complaint to the applicable regulator.

Terms of Use

Welcome to Portfolio Owl.

Please read the following Terms of Use carefully before using the Portfolio Owl Website or any Portfolio Owl Service. These Terms of Use explain our obligations as a service provider and your obligations as a customer. These Terms are binding on any use of the Portfolio Owl Website or Service. The Website and Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Website or Service.

Portfolio Owl reserves the right to change these terms at any time, effective upon the posting of modified terms on the Website, and Portfolio Owl will make every effort to communicate these changes to you via email. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

By using this website or registering to use the Service, you acknowledge and agree that you have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 9th July 2015

1. Definitions

  • 'Agreement' means these Terms of Use.
  • 'Confidential Information' includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
  • 'Data' means any data inputted by you or with your authority into the Website or Service.
  • 'Intellectual Property Right' means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
  • 'Service' means any online investment and advice management services made available (as may be changed or updated from time to time by Portfolio Owl) via the Website.
  • 'Website' means the Internet site at the domain www.portfolioowl.com, any site operated by Portfolio Owl, or any mobile Application operated by Portfolio Owl and downloaded from the App Store or Google Play store.
  • 'Portfolio Owl' means Portfolio Owl Pty Ltd Limited, ACN: 600 926 574
  • 'Invited User' means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
  • 'Subscriber' means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
  • 'You' means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

2. Use of Software

2.1 Portfolio Owl grants you the right to access and use the service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

2.2 You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

  • a) the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
  • b) the Subscriber is responsible for all Invited Users’ use of the Service;
  • c) the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
  • d) if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. Your Obligations

3.1 General

  • a) You must only use the Website and Service for your own lawful internal personal or business purposes, in accordance with these Terms and any notice sent by Portfolio Owl or condition posted on the Website. You may use the service and Website on behalf of others or in order to provide services to others but if you do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.2 Automated Bank & CHESS transaction data delivered into Your Portfolio Owl account

  • a) Where available, automated bank account and CHESS holdings and transaction data feeds are generally provided to you free of charge. However, Portfolio Owl reserves the right to pass on any charges related to the provision of bank account and CHESS feed data on a case-by-case basis at Portfolio Owl’s sole discretion.

3.3 Access Conditions

  • a) You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Portfolio Owl of any unauthorised use of your passwords or any other breach of security. You must take all other actions that Portfolio Owl reasonably deems necessary to maintain or enhance the security of Portfolio Owl's computing systems and networks and Your access to the Services.
  • b) As a condition of these Terms, when accessing and using the Service, you must:
    • i) not attempt to undermine the security or integrity of Portfolio Owl's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    • ii) not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Website;
    • iii) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service is hosted;
    • iv) not transmit, or input into the Website, 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 (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
    • v) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.4 Communication Conditions

  • a) As a condition of these Terms, if you use any communication tools available through the Website, you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Service or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When you make any communication on the Website, you represent that you are permitted to make such communication. Portfolio Owl is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Portfolio Owl does reserve the right to remove any communication at any time in its sole discretion.

3.5 Indemnity

  • a) You indemnify Portfolio Owl against: all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation You may have to Portfolio Owl, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. Privacy and Confidentiality

4.1 Portfolio Owl maintains a privacy policy that sets out the parties’ obligations with regard to personal information. You should read that policy at Privacy Policy and You will be taken to have accepted that policy when You accept these Terms.

4.2 Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  • b) Each party's obligations under this clause will survive termination of these Terms.
  • c) The provisions of clauses 4.1 and 4.2 shall not apply to any information which:
    • i) is or becomes public knowledge other than by a breach of this clause;
    • ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    • iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
    • iv) is independently developed without access to the Confidential Information.

5. Intellectual Property

5.1 All Intellectual Property Rights in the Service, the Website, titles to these right and any documentation relating to the Service remain the property of Portfolio Owl (or its licensors).

5.2 Backup of Data

  • a) Portfolio Owl adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Portfolio Owl expressly excludes liability for any loss of data no matter how caused.

5.2 Third-party applications and your Data.

  • a) If you enable third-party applications for use in conjunction with the Services, you acknowledge that Portfolio Owl may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the Services. Portfolio Owl shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

5.3 The provisions of clauses 5.1 and 5.2 shall not apply to any information which:

6. Acknowledgements

6.1 You acknowledge that

  • a) You are authorised to use the Service and the Website and to access the information and Data that you input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Service (whether that information and Data is Your own or that of anyone else).
  • b) Portfolio Owl has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Service or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    • i) You are responsible for ensuring that you have the right to do so;
    • ii) You are responsible for authorising any person who is given access to information or Data, and you agree that Portfolio Owl has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to You to address; and
    • iii) You will indemnify Portfolio Owl against any claims or loss relating to:
      • 1) Portfolio Owl's refusal to provide any person access to Your information or Data in accordance with these Terms,
      • 2) Portfolio Owl’s making available information or Data to any person with Your authorisation.
  • c) The provision of, access to, and use of, the Service is on an "as is" basis and at Your own risk.
  • d) Portfolio Owl does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Portfolio Owl is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  • e) Portfolio Owl is not financial adviser and use of the Services does not constitute the receipt of advice from Portfolio Owl. If you have any advice questions, please contact a financial planner.
  • f) It is Your sole responsibility to determine whether any material or information in Portfolio Owl meets the needs or requirements of Your personal circumstances

7. Warranties

7.1 Authority

  • a) You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

7.2 No Warranties

  • a) Portfolio Owl gives no warranty about the Service. Without limiting the foregoing, Portfolio Owl does not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

7.3 Consumer Guarantees

  • a) You warrant and represent that you are acquiring the right to access and use the Service for the purposes of receiving investment information either general or personal advice, to the maximum extent permitted by law. Any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, Portfolio Owl excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

8.2 If you suffer loss or damage as a result of Portfolio Owl's negligence or failure to comply with these Terms, any claim by you against Portfolio Owl arising from Portfolio Owl's negligence or failure will be limited in respect of any one incident, or series of connected incidents.

8.3 If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

9. Termination

9.1 Prepaid Subscriptions

  • a) Portfolio Owl will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

9.2 Breach

  • a) If You
    • i) breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
    • ii) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
    • iii) Suspend for any definite or indefinite period of time, Your use of the Service and the Website;
    • iv) Suspend or terminate access to all or any Data;
    • iv) Take either of the actions in sub-clauses (iii) or (iv) of this clause in respect of any or all other persons whom You have authorised to have access to Your information or Data,
  • Portfolio Owl may suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

9.3 Accrued Rights

  • a) Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
    • i) a. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
    • ii) bb. immediately cease to use the Services and the Website.

10. Help Desk

10.1 Technical Problems

  • a) In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Portfolio Owl. If You still need technical help, please check the support provided online by Portfolio Owl on the Website or failing that email us at help@portfolioowl.com

10.2 Service Availability

  • a) Whilst Portfolio Owl intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Portfolio Owl has to interrupt the Services for longer periods than Portfolio Owl would normally expect, Portfolio Owl will use reasonable endeavours to publish in advance details of such activity on the Website.

11. General

11.1 Entire Agreement

  • a) These Terms, together with the Portfolio Owl Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Portfolio Owl relating to the Services and the other matters dealt with in these Terms.

11.2 Waiver

  • a) If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

11.3 Delays

  • a) Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

11.4 No Assigment

  • a) You may not assign or transfer any rights to any other person without Portfolio Owl's prior written consent.

11.5 Governing law and jurisdiction

  • a) Your use of the website and Service, and any dispute arising out of such, is subject to the laws of the State of Victoria which will have exclusive jurisdiction.

11.6 Severability

  • a) If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

11.7 Notices

  • a) Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Portfolio Owl must be sent to help@portfoliowl.com or to any other email address notified by email to You by Portfolio Owl. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

11.8 Rights of Third Parties

  • a) A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

12. Contact

If you any questions in relation to these terms, please contact

Portfolio Owl Pty Ltd
Level 1, 298 Coventry Street
South Melbourne, VIC 3025
info@portfolioowl.com

User Agreement

1. Parties

1.1 You.

1.2 PORTFOLIO OWL PTY LTD [ACN 600 926 574] (“PORTFOLIO OWL”).

2. Background

2.1 This User Agreement ('Agreement'):

  • (a) governs your use of:
    • (i) the PORTFOLIO OWL website located at www.portfolioowl.com ('Website'), including any forms on the website; and
    • (ii) the PORTFOLIO OWL mobile application,
    • collectively ('Facility').
  • (b) is a binding contractual agreement between you, the user of he Facility and PORTFOLIO OWL.

2.2 This Agreement is important. You should read it carefully and contact PORTFOLIO OWL with any questions before you use or continue to use the Facility.

2.3 By continuing to use the Facility, you acknowledge and agree that you:

  • (a) have had sufficient chance to read and understand this Agreement; and
  • (b) agree to be bound by all of this Agreement (as varied from time to time in accordance with this agreement) without alteration;
  • (c) (if applicable) have the authority to act on behalf of any person for whom you are using the Facility.

3. Right of Access and Use

3.1 PORTFOLIO OWL grants to you a non-exclusive, non-transferable, personal, limited licence to use the Facility.

3.2 Your use of PORTFOLIO OWL may be subject to to other terms and conditions including:

3.3 You must:

  • (a) only use the Facility for your own lawful internal personal or business purposes;
  • (b) use the Facility in accordance with:
    • (i) this agreement;
    • (ii) any notice sent by Portfolio Owl to you;
    • (iii) any condition posted on or in the Facility;
  • (c) not attempt to undermine the security or integrity of:
    • (i) Portfolio Owl's computing systems or networks;
    • (ii) where the Facility is hosted by a third party, that third party's computing systems and networks; or
    • (iii) the Facility;
  • (d) not use, or misuse, the Facility in any way which may:
    • (i) impair the functionality of the Facility;
    • (ii) impair the functionality of other systems used to deliver the Facility; or
    • (iii) impair the ability of any other users to use the Facility;
  • (e) not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access;
  • (f) use the Facility to collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
  • (g) not transmit, or input into the Facility any:
    • (i) files that may damage any other person's computing devices or software;
    • (ii) content that may be offensive;
    • (iii) data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  • (h) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Facility except as is strictly necessary for normal operation.

3.4 If using the Facility behalf of others, you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.

4. PORTFOLIO OWL AND EQUITY & SUPER PTY LTD “E&S”

4.1 The Facility is made available to you by PORTFOLIO OWL to provide information to you about:

  • (a) your investments with E&S; and
  • (b) investment advice provided by E&S.
  • (collectively, 'Invesetment Information')

4.2 Portfolio Owl grants you the right to use the Facility with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable,

4.3 PORTFOLIO OWL:

  • (a) does not own or control the Investment Information;
  • (b) does not give any warranty as to the completeness or accuracy of the Investment Information;
  • (c) is not a financial adviser and does not give financial or investment advice or endorse any Investment Information;
  • (d) does not have any control over the conduct of E&S.

4.4 Investment Information provided via the Facility does not:

  • (a) constitute receipt of advice; or
  • (b) take into account your particular investment objectives, financial situation or investment needs.

4.5 You should seek your own independent financial and legal advice before deciding to act on any Investment Information.

5.1 LINKS TO OTHER WEBSITES / FACILITIES

5.1 The Website may contains links to sites on the world wide web owned and operated by third parties and which are not under PORTFOLIO OWL’s control (“Linked Sites”).

5.2 In relation to Linked Sites, PORTFOLIO OWL:

  • (a) provides the links to Linked Sites as a convenience to you;
  • (b) the existence of a link to Linked Sites does not imply any endorsement by PORTFOLIO OWL of:
    • (i) the Linked Site; or
    • (ii) products being offered on the Linked Site; and
  • (c) is not responsible for the material contained on a Linked Site.

5.3 You should seek your own independent financial and legal advice before deciding to acquire any products from Linked Sites.

5.4 If you enable third-party applications for use in conjunction with the Facility:

  • (a) you acknowledge that PORTFOLIO OWL may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the Facility; and
  • (b) PORTFOLIO OWL is not liable for any disclosure, modification or deletion of data resulting from any such access by third-party application providers.

6. DISCLAIMER

6.1 PORTFOLIO OWL is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Facility or information contained on or distributed through the Facility or Linked Sites.

6.2 To the full extent permitted by law:

  • (a) PORTFOLIO OWL disclaims any and all warranties, express or implied, regarding:
    • (i) the accuracy, reliability, timeliness or otherwise of any information contained in, distributed through or referred to on the Facility and/or of any Linked Sites; and
    • (ii) merchantability or fitness for any particular purpose of the System or any service or product contained in, distributed through or referred to on the Facility and/or of any Linked Sites.
  • (b) Neither PORTFOLIO OWL or its employees, agents or affiliated companies is liable to you for any damages of any kind recognised by law:
    • (i) errors or omissions in the Facility or Linked Sites;
    • (ii) delays to, interruptions of or cessation of the services provided in the Facility or Linked Sites;
    • (iii) loss of data,
    • (iv) which are the consequence of you:
      • a. acting, or failing to act, on any information contained in, distributed through or referred to on the Facility and/or of any Linked Sites;
      • b. using or acquiring, or your inability to use or acquire, any product contained in, distributed through or referred to on the Facility and/or of any Linked Sites; or
      • c. using the Facility.
      whether caused through negligence of PORTFOLIO OWL, its employees or independent contractors, or through any other cause.

6.3 PORTFOLIO OWL does not warrant guarantee or make any representation that:

  • (a) the Website, the Facility System or Linked Sites are free of software viruses;
  • (b) the functions contained in any software contained on or comprising the Facility or Linked Sites will operate uninterrupted or are error-free; and
  • (c) errors and defects in the Facility or Linked Sites will be corrected.

6.4 By accessing or using the Facility or Linked Sites you accept sole responsibility and risk associated with the use of the information contained in, distributed through or referred to on the Facility and/or of any Linked Sites.

6.5 Portfolio Owl does not make any guarantees that there will not be any loss of data.

6.6 If you are not satisfied with the Facility, your sole and exclusive remedy is to terminate these Terms in accordance with clause 7.4.

6.7 To the extent that the law, including the Australian Consumer Law, implies warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent:

  • (a) such legislation applies, this Agreement must be read subject to those statutory provisions.
  • (b) apply, notwithstanding any other provision of this Agreement, to the extent that PORTFOLIO OWL is entitled to do so, PORTFOLIO OWL limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.

7. VARIATION AND TERMINATION

7.1 PORTFOLIO OWL reserves the right to change this Agreement:

  • (a) by giving notice to you of such changes; and
  • (b) without giving you any explanation or justification for such change.

7.2 PORTFOLIO OWL may modify, discontinue, disable or change:

  • (a) The Facility; or
  • (b) any charges for use of the Facility,
  • with or without notice at any time in PORTFOLIO OWL’s discretion.

7.3 PORTFOLIO OWL may terminate your use of the Facility at any time without giving any explanation or justification for the termination of use.

7.4 You may terminate this agreement at any time by notice to PORTFOLIO OWL.

7.5 PORTFOLIO OWL has no liability for any costs, losses or damages of any kind arising as a consequence of terminating your use of the Facility.

8. INTELLECTUAL PROPERTY

8.1 You acknowledge that the IP Rights subsisting in any IP and data:

  • (a) owned by PORTFOLIO as at the date of this agreement; and
  • (b) incorporated in the Facility;
  • will vest in and belong exclusively to PORTFOLIO OWL.

8.2 You must not use, disseminate, publish or modify any of PORTFOLIO OWL’s IP without PORTFOLIO OWL’s prior written consent.

8.3 In this clause, “IP Rights” means “all present and future intellectual property rights of any nature whatsoever conferred by statute, common law or equity including copyright (including moral rights), designs, patents, moral rights, registered designs, registered and unregistered trademarks, trade secrets, knowhow and confidential information and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967”.

9. CONFIDENTIALITY

9.1 A Party must:

  • (a) unless required by Law, not disclose or permit the disclosure of the other party’s Confidential Information to any third party without the other party’s prior written consent; or
  • (b) use reasonable endeavours to ensure the Confidential Information is not disclosed to any third party.

9.2 In this clause, “Confidential Information” means information in any form and whether original or copy, which is confidential to a party including, but not limited to, information which a party becomes aware before of after the date of this Agreement:

  • (a) pertaining to this Agreement;
  • (b) that has been specifically designated as confidential;
  • (c) the unauthorised disclosure of which would embarrass, harm or prejudice the other party or its business;
  • (d) otherwise relating directly or indirectly to the other party’s customers, business transactions, business methods, financial affairs, commercial activities, trade secrets, passwords, know-how, databases, customer lists, specifications, records and software; and
  • (e) pertaining to the other party’s intellectual property,
  • but, not including information that now or in the future is in the public domain other than due to a breach of this Agreement.

10. NOTICES

10.1Any notice given by one party to the other must be:

  • (a) in writing;
  • (b) in English; and
  • (c) served on the other party:
    • (i) by mail; or
    • (ii) email

10.2 A notice served by mail must be served on the other party at:

  • (a) in the case of an incorporated body, such body’s:
    • (i) registered address; or
    • (ii) usual place of business; and
  • (b) in the case of a natural person, such person’s:
    • (i) address for service as advised from time to time; or
    • (ii) current residential address.

10.3 A notice served by e-mail must be served on the other party at:

  • (a) the email address nominated in this Agreement; or
  • (b) if no email address is address nominated in this Agreement, the other party’s usual e-mail address from time to time.

10.4 Subject to clause 11.5 and 11.6:

  • (a) a notice served personally is deemed to be served on the date it is received by the other party;
  • (b) a notice served by mail is deemed to be served on the date that is three Business Days after the date such notice is posted; and
  • (c) a notice served by email is deemed to be served at the time of receipt provided for by the Electronic Transactions Act 1999 (Cth).

10.5 If the date a notice is served is not a Business Day, such notice is deemed served on the next Business Day after the date it is served.

10.6 If the time a Notice is served is not within Business Hours, such notice is deemed served on the next Business Day after the date it is served.

11. MISCELLANEOUS

Severance

11.1 If any provision of this Agreement is invalid, unlawful, void or unenforceable it will be taken to have been severed without affecting any other of the provisions of this Agreement.

Duration of provisions

11.2 The covenants, rights, entitlements, duties, warranties, conditions, provisions, undertakings, and obligations contained in this Agreement do not merge upon termination of your relationship with PORTFOLIO OWL.

Governing Law

11.3 This Agreement are governed by the laws of the State of Victoria, except to the extent to which they are overridden by Commonwealth laws.

11.4 The parties submit to the jurisdiction of the courts of the State of Victoria

12. DEFINED TERMS AND INTERPRETATION

12.1 In this document including the background, and any appendices and/or schedules, except where the context otherwise requires:

  • (a) another grammatical form of a defined word or expression has a corresponding meaning;
  • (b) the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;
  • (c) the singular includes the plural and vice versa, and a gender includes other genders;
  • (d) a reference to a party is to a party to this document, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes; and
  • (e) a reference to any thing includes any part of that thing and a reference to a group of things or persons includes each thing or person in that group.

13. Contact

If you any questions in relation to the Agreement, please contact

Portfolio Owl Pty Ltd
Level 1, 298 Coventry Street
South Melbourne, VIC 3025
info@portfolioowl.com

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