NOTIFICATION CENTRE
TERMS OF USE
Shareclarity Limited holds an Australian Financial Services License (AFSL487703) and is a member of the Financial Ombudsman Service of Australia (FOS38208). It is also a registered New Zealand Financial Services Provider (FSP414146) and a member of the New Zealand Financial Dispute Resolution Processes (FM3261)


Last modified on 20 November 2017 (please email us at admin@shareclarity.com to view any archived versions).

1. What Our Terms Of Use Cover


1.1   Our Terms of Use describe the rules by which you agree to use our (Shareclarity Limited) services. Please email us at admin@shareclarity.com should you require any additional information relating to these terms.

2. Responsibilities


2.1   The information and any views or opinions on this site are provided for general information purposes only and are not intended to be financial advice. To the extent that any such information, views and opinions constitute advice, they do not take into account any person’s particular financial situation or goals and do not constitute personalised financial advice under the Financial Advisers Act 2008, nor do they constitute advice of a legal, tax, accounting or other nature to any person.

2.2   You are responsible for your investment decisions, for analysing and verifying any information on this site that you choose to rely on and for the appropriateness of that information to your personal circumstances. You should seek advice specific to your circumstances from your usual advisor before making any investment decision or taking any action. Before investing, you should make yourself aware of the investment risks.

2.3   Shareclarity and its employees (together “we” or “us”) make no recommendation, and express no opinion, as to whether or not you should acquire, dispose of, or hold particular securities. We are not responsible for, and will not be liable in respect of, any information or views on this site, whether provided by us or by a third party, and whether or not we have been negligent in respect of any such information. 

2.4   In particular we make no representation that any information on this site is accurate, complete or up to date, or that any views are based on reasonable grounds. Information may be included on this site solely as a result of contributions received from, or voting by, users of this site. To the maximum extent permitted by law, we provide this website and related information and services on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

3. Registering


3.1   When initially registering on this site, you must select a username and password. Each username will be unique and we may refuse to grant, or remove, any username that is not in good taste, impersonates someone else or is otherwise unacceptable. You should choose a good password and not one that is easy to guess. You are responsible for any use of your account by anyone using your username and password (with or without your consent). We are not responsible for any user impersonation and if you have concerns or feel that you are being impersonated, or that someone is using your account without your consent, please email us at admin@shareclarity.com.

3.2   You agree to provide accurate and complete registration information on the registration page and on your account information page. Please keep this information updated via your account information page. Failure to maintain accurate and complete information may result in the termination of your account.

3.3   You warrant that you have no other registration(s) on this site and you agree to maintain only one active registration. Failure to comply with this requirement will result in the immediate termination of your account(s) and we reserve the right not to allow you to register with us again.

3.4   If you forget your username or password, please use the ‘forgot password?’ link on the login page. You agree to email us at admin@shareclarity.com immediately if you suspect there has been any unauthorised use of your account or password.

3.5   Your registration data and other information we receive, collect or store about you is subject to our Privacy Policy. You acknowledge and agree that we may use and disclose your personal information in accordance with our Privacy Policy.

4. Your Posts


4.1   When posting any content on this site you should conduct yourself generally as you would at a polite social gathering. Your postings should be on topic and relevant.

4.2   You are personally and solely responsible, and liable, for your postings. In particular, you are solely responsible for ensuring that your postings comply with all laws, including in particular laws relating to financial advisors. Ensure that your postings are accurate. Do not including anything that is misleading or deceptive, based on inside information or that is otherwise illegal. Be wary about including hyperlinks to other sites as it may appear that you are endorsing those other sites. If you are not, you should make that clear.

4.3   If you have an interest in a company that you are posting about, you must disclose that fact in your posting, for example if you are a shareholder, director or employee of that company, acting on behalf of any such person, or if you are entitled to receive direct or indirect commissions, fees or other benefit related to the sale or purchase of shares in that company.

4.4   When proposing a change to a company overview or indicative valuation:

(a) make sure you properly consider your proposed change and all of the implications of it;

(b) avoid overcomplicating the proposed change, as the simpler your change is the easier it will be for other users to understand and vote on;

(c) base your proposed change on facts and appropriate information/perspectives that are to the best of your knowledge;

(d) do not use your position, or your perceived position, to influence other users to vote for your proposed change; and

(e) be aware that your view may not be accepted, and do not be offended if this happens as this is a public forum, governed by a voting protocol which will determine whether or not your proposed change is made.

4.5   When voting on a proposed change, give your vote due consideration before casting it. You should review the new material being proposed, consider the change in light of the current indicative forecasts contained on this site for the company to which the proposed change relates, and compare it with any other possible changes to those forecasts. You can only vote once for a proposed change in its current form. You cannot reverse your vote once cast. If a proposed change is modified you will be able to vote again on the modified proposed change.

4.6   By posting information on or through this site, you agree that you will not upload, post or otherwise distribute any content (including data, text, software, images, sounds, graphics, link or other information) that:

(a) you do not have the right to make available under any law, contract or fiduciary obligation;

(b) violates any applicable law or regulation or the rules or requirements of any Government agency or stock exchange;

(c) constitutes bullying or is threatening, hateful, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious or sexual in nature;

(d) is offensive, victimises, bullies, harasses, degrades or intimidates an individual or group of individuals on any basis, including the basis of religion, gender, sexual orientation, political opinion, race, ethnicity, age or disability;

(e) may be harmful to minors;

(f) involves:

(i) posting about something that is not relevant;

(ii) continually posting the same or similar information;

(iii) posting statements that do not add value to the discussion;

(iv) posting excessively; or

(v) disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

(g) constitutes a personal attack, which includes:

(i) instigating or participating in a flame war;

(ii) posting harassing or otherwise objectionable content about another user;

(iii) calling another user names; and

(iv) not staying on topic with the current discussion, but instead focusing on an individual user;

(h) infringes on our or any third party’s intellectual property rights, including any patent, trade mark, trade secret, copyright, right of publicity (if you believe your intellectual property rights have been infringed, please email us at admin@shareclarity.com);

(i) contains a software virus or any other computer code, file, or program designed or intended to disrupt, damage, or limit the functioning of this site, any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;

(j) impersonates any person or entity, including any of our employees or representatives;

(k) involves interfering with or disrupting this site or our services;

(l) constitutes any form of lottery or gambling;

(m) harvests, collects or stores information about the users of this site;

(n) constitutes unauthorised or unsolicited advertising or spamming; or

(o) otherwise violates these Terms of Use or any of our other policies.

4.7   You must not copy, reproduce, sell, trade, resell or otherwise use this site, any part of our services (including your account with us), or access to our services, without our express written consent. We retain copyright, and all other intellectual property rights, to all material on this site.

4.8   We consent to the use of the content on this site, including watch lists, for personal use and not for commercial purposes. You may use our site, and save an electronic copy, or print out a copy of parts of the site for your own personal use, information, research or study, but you must keep that content intact and in the same form as presented on the site (including all copyright, trade mark and other proprietary notices). The use of content on the site for a commercial purpose is any use other than accessing and using the content for your own personal and private use.

4.9   You must not use any robot, spider, screen scraper, or other similar automated software or device (Prohibited Automated Device) to use or access the site. You must not use a Prohibited Automatic Device or similar process to copy, download or monitor the site or its content without our express written consent.

4.10   This site is only intended to be accessed by persons in New Zealand and Australia. The material available on the site may not be distributed, made available or accessed by any person in any jurisdiction where doing so would constitute a breach of any applicable laws or regulations.

4.11   We reserve the right to refuse, remove or restore your posts at our discretion.

5. Other Users’ Posts


5.1   We do not control and cannot be held responsible for comments made in postings by other users.

5.2   Other users’ postings may be inaccurate, misleading or deceptive. You should treat such postings with appropriate doubt and objectivity. If you do not agree with an issue, stay objective and do not turn it into a flame war.

5.3   You agree to email us at admin@shareclarity.com if you have good reason to believe that a posting is inaccurate, illegal (e.g. based on inside information or is likely to be misleading or deceptive), defamatory, uncivil, impolite or otherwise in beach of these Terms of Use. Upon receipt of such advice, we will take appropriate action (in our sole discretion), which may including, but is not limited to, the removal of posts and the suspension or termination of accounts.

5.4   You should be aware that other users may not be who they say they are. We try to make sure that each user posts under one account only, but there is no guarantee that we will be successful. We do not guarantee that users' profiles contain accurate information.

6. Improvements And Changes By Us


6.1   We are continually learning and trying to make improvements to your user experience. From time to time we may change the look and feel, structure, usability and content of this site, including to the company overviews and/or financial valuations. Changes may arise due to:

(a) operational improvements and changes;

(b) the implementation (or discontinuation) of various functionality and user services; or

(c) changes to the content, use, management and look and feel of company overviews and financial valuations, which are likely to include:

(i) the annual rollover of a company's actual and forecast earnings, whenever the company discloses its year-end financial results;

(ii) material changes to a company's operations and earnings forecasts resulting from mergers, acquisitions, divestments and new or deleted business lines;

(iii) initiations of coverage on new companies that will be available to users for their comments and proposed changes; and

(iv) changes to the voting protocol used to determine when a proposed change should replace the incumbent company overview or financial model.

7. New Services


7.1   From time to time we may introduce new services. Some services may require you to pay a subscription fee. Before you subscribe to a new service requiring a fee you will be provided with a subscription agreement which will set out details of the service and payment terms.

8. Content


8.1   You agree not to access any of our services by any means other than through the interface that is provided by us via this site.

8.2   You agree that upon posting information on the site, you grant and assign to us (and our successors) a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, distribute, publicly display, reproduce, change, translate and create derivative works from such material in any and all media, in any manner, and the right to sub-licence those rights, without any duty to account to you.

9. Links To Other Sites


9.1   Our site may contain links to other sites. We are not responsible for the availability of other sites and do not endorse any content, services or products available from such sites.

10. Termination


10.1   We may, in our sole discretion, terminate or suspend your access to all or part of our services, without notice, for any reason, including, without limitation, a breach by you of these Terms of Use (and any subsequent changes to them). Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your user account and may be referred to appropriate law enforcement authorities. We will not be liable to you or any third party for the termination of service or any claims related to the termination of our services.

11. Disclaimers


11.1  You understand and agree that:

(a) this site, its functionality and content is not error free and there could be errors or other issues, and while we may try to resolve these issues this site and our services are provided on an ‘as is’ basis;

(b) this site and our services are provided for general information purposes only and no content included on this site or with the services is intend to promote or recommend trading or investing purposes. The information available from this site has been prepared without taking account of any person’s objectives, financial situation or needs. Users should, before acting on any such information, consider the appropriateness of the information having regard to their objectives, financial situation and needs. Some investment products referred to on this site may have a current offer document (for example a prospectus or product disclosure statement). You should always obtain that document from the issuer of the product and consider it fully before making an investment decision;

(c) unless and to the extent required by law, we make no warranties or representations of any kind about this site or our services including (but not limited to) that:

(i) our services will meet your requirements;

(ii) our services will be uninterrupted, timely, reliable, secure or error free; and

(iii) the quality of our services, the content on the site or other material purchased or obtained by you through our services will meet your expectations or be fit for any purpose (even if you have disclosed that purpose to us);

(d) we assume no responsibility for the timeliness, deletion, non-delivery or failure to store any of your communications or personal settings; and

(e) your use of this service is completely at your own risk, and that if you rely on this site or any information available through this site, you do so solely at your own risk.

11.2  We make no representations or warranties with respect to the ownership of, or copyright in, content that is uploaded, linked or otherwise provided by users of our service. You, and not us, are responsible for determining the existence of such rights, satisfying any copyright or other use restrictions and obtaining any and all permissions you require to the content provided by other users. We do not warrant or represent that the content on the site will not infringe the rights of any third party.

11.3    We will not be, under any circumstances, liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted emailed, transmitted or otherwise made available on this site or via our services.

11.4    We and our related companies do not have any associations or relationships with the issuers of any financial products, being associations or relationships that might reasonably be expected to be capable of influencing us in providing any of our services.

12. Indemnification


12.1   You agree to indemnify and hold us, our officers, owners, agents, employees and affiliates harmless (including for all reasonable legal representation fees) from any claim or demand made by you or any third party due to or arising out of your use of this site or our services. If you fail to vigorously defend any such claim or demand, we may take over the exclusive defence and control of the claim or demand at your expense.

13. Changes To These Terms Of Use


13.1   We reserve the right to change any or all parts of these Terms of Use at any time. Should this occur the change will be posted on this site. Your use of the site after we have posted the change will be considered an acceptance of the change.

14. General


14.1   We reserve the right to monitor or remove any post which is in violation of these Terms of Use, at any time without notice.

14.2   We reserve the right to change, suspend or terminate any of our services, by providing notice on this site. We will not be liable to you or any third party for such action.

14.3   We may establish practices and limits concerning the use of our services, including, but not limited to the maximum time period that postings or other uploaded content will be displayed or stored, the size of any content that you can upload or store on the site and the maximum number of times and duration for which you may access our services in a given time period. You agree that we have no responsibility or liability for the deletion or failure to store any content, postings and other communications. You agree that we may change these practices and limits at any time.

14.4   You agree that we may log off accounts that are inactive for an extended period of time.

14.5   You acknowledge that our services and the software contained within the services may include security measures, and use of these may be subject to usage rules set by us and/or the content providers who provide content to the services. You may not reproduce, publish, distribute or attempt to override or circumvent any of the security measures or usage rules embedded into this site or any of our services.

14.6   Any provision of these Terms of Use that is invalid or unenforceable, will be deemed deleted and this invalidity will not affect the other provisions of these terms, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

14.7   These Terms of Use contain everything agreed by you and us in respect of the matters covered by them and supersede all previous understandings in respect of those matters.

14.8   You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of this site and our services must be filed within six months after such claim or cause of action arose or be forever barred.

14.9   These Terms of Use are governed by, and will be construed in accordance with, the laws of New Zealand.