Permission to use Market Analyst (comprising the software, the data which it retrieves and related documentation) is conditional on you agreeing to the Market Analyst Licence Terms.

To use Market Analyst you will agree to be bound by the Market Analyst Licence Terms which are duplicated below. Access to Market Analyst will be denied if you do not agree to be bound by the Market Analyst License Terms.

Licence Terms

1. About these Customer Terms and your agreement

1.1 These Customer Terms for Market Analyst Services ("Customer Terms") are the general terms and conditions on which we supply the Market Analyst Services to you

1.2 These Customer Terms are our Standard Form of Agreement, which, along with any other terms that you agree to are binding on you and us. This Standard Form of Agreement is available on our website at www.Market-Analyst.com or on request from our Client Services Department

1.3 Your agreement with us is made up of these Customer Terms and other terms contained in the documents we produce, including our periodically updated Price Guide and Services Guide, and any application or agreement forms you sign.

1.4 When we say:

• (a) 'we', 'us' or 'our', we mean Market Analyst International Pty Ltd, which operates under the name "Market Analyst Software";
• (b) 'you' or 'your' we mean you, our customer; and
• (c) 'agreement' we mean your agreements with us for the supply of the Market Analyst Service.

1.5 We have also set out in Section 15 some useful definitions of words we use in these Customer Terms.

1.6 Your agreement for each Service we provide you commences from the initial invoice date, a copy of which is emailed to you as a PDF file, and is also available via the web portal we provide to you.

1.7 Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not pass any of your rights or responsibilities to anyone else.

1.8 In addition to your other obligations under these Customer Terms, you agree and acknowledge that:

• (a) you have not relied on our skill, judgment, or any representation in deciding whether any Service or Product is fit for a particular purpose;
• (b) you have not relied on any representation made by us that the Services will be free of interruptions or faults;
• (c) you are responsible for making your own assessment of whether you need continuous fault free service;
• (d) the Services are not supplied for the purposes of, and are not suitable for, supporting any application or use which needs continuous fault free service.
• (e) You are responsible for making your own investment decisions.
• (f) You understand that trading financial products involves considerable risk and that we have not, and will not provide any trading advice to you.

2. Minimum term of your service agreement

2.1 If you are subscribing to a Market Analyst service (which bundles the Market Analyst program, data and service into a monthly price), your Minimum Term is 18 months from the initial invoice date. The length of the Minimum Term will be discussed with you directly before it is processed by the Market Analyst accounts department.

2.2 If you are purchasing your perpetual licence of the Market Analyst program for a higher upfront fee, you do not have a Minimum Term.

2.3 You agree to remain Connected to the Market Analyst Service for the duration of the Minimum Term. You may end your Agreement during the Minimum Term only in accordance with Section 11, which includes payment of a Cancellation Fee and all Charges.

2.4 If there is no Minimum Term, or your Minimum Term has expired, we will supply you with the Service for consecutive periods of 30 days until either you or we choose to end your Agreement in any of the permitted ways set out in Section 11.

3. Variations to your agreement and Charges

3.1 We may vary any of the terms of this agreement, including our Price and Services Guide at any time, and we will give you as much notice as practicable of any variation. For some Services, Charges appearing on your account may vary slightly from the price advertised in our Price Guide because Charges are rounded to the nearest cent before GST is added. These changes will apply from the date we specify.

3.2 When you entered into the Services Agreement, you chose a price plan from our Price Guide and indicated which Services you required. You may change between the price plans described in our Price Guide upon the payment of the applicable fees.

3.3 If any variation by us would cause detriment to you, we will give you reasonable notice usually by an email to your nominated email address, and subsequently including a notice on your bill. It is your responsibility to ensure that we have your current contact details.

4. What we will provide to you

Services

4.1 Once you are Connected, we will take reasonable steps to make the Services available to you at all times.

Limitations to the Service

4.2 The Service is only available where suitable access to the Internet is available. It is your responsibility to ensure that you have a suitable Internet connection for use of the Service. You must also ensure that Market Analyst Services are not blocked by Firewalls and anti-virus software.

4.3 The quality and availability of the Services may sometimes be affected or disrupted by factors outside our control such as interruptions to Internet services from Other Carriers and Content Providers, lack of capacity and faults in other telecommunications networks to which the Network is connected.

4.4 We may change or withdraw some or part of the Service from time to time. This may be because of changing technologies, obsolescence, new or different product features or functionality, changing Content Providers and the need to remove, replace or modify Content.

4.5 Networks and the Service may also require upgrading, modification, maintenance, repair and other works from time to time. This may result in some or all of the Service becoming temporarily unavailable.

4.6 When subscribing to the Market Analyst service, access to both the Market Analyst program, and the data (including historical data) is subject to an active subscription. If your subscription lapses or is cancelled access to both the Market Analyst program and data will end.

4.7 Hardware: Your computer must meet the minimum requirements as set out on our website. In particular you must have a PC with one of the supported graphics cards.

5. Market Analyst Software Licence Terms:

5.1 Market Analyst (comprising software, data, support and documentation) is provided to you on the basis of a non-exclusive and non-transferable licence for your own personal use only on a single computer accessible by only one user at a time. The licence commences on payment of the licence fee and continues while licence fees are being paid or unless terminated by notice from Market Analyst International Pty Ltd.

5.2 Licence restrictions: You will not sell, loan, rent, transfer or sub-licence Market Analyst or your rights under these Licence Terms without the prior written consent of Market Analyst International Pty Ltd. You will not allow access to Market Analyst by multiple users at any one time through networking arrangements or otherwise. You will not use Market Analyst other than for your own personal use. To protect Market Analyst International Pty Ltd's intellectual property rights in Market Analyst you will not, and will not allow or cause a third party, to decompile, disassemble, reverse engineer, copy or modify Market Analyst or use the whole or any part of Market Analyst to assist in the development of a similar or competitive product or otherwise use Market Analyst except as provided in these Licence Terms. You will take appropriate measures to prevent unauthorised use or access to Market Analyst.

6. Support Services.

6.1 Support for 3rd Party Programs such as Firewalls, SPAM Filters etc are not covered. If a Market Analyst Support technician indicates a problem is caused by a 3rd party program it is your responsibility to resolve this issue before any additional support can be offered.

6.2 Support will not be available if your computer does not meet the minimum system requirements for the Market Analyst program you have installed.

6.3 While every effort is made to ensure emailed responses are not intercepted by SPAM filters, Market Analyst International Pty Ltd is not responsible for any delays caused by such email filtering programs.

6.4 Support Tickets and Emails sent to our system will generate an automated response as a confirmation that they have been received. In the event you do not receive a confirmation email it is highly likely your correspondence has not been received. If this occurs, please resend the message ensuring your email address is correct. If confirmation is still not received, please call the support team on one of the contact numbers listed on our website. Market Analyst Software is not responsible for any delays that may occur due to this issue.

6.5 Support will be available Monday to Friday 9.00am to 4:30pm (GMT+10 Brisbane, Australia), but these times are subject to change without notice. All support services are treated on a “first come, first serve” basis and will be answered in the order they arrive into our system.

6.6 Remote Support Sessions (Remote Support Sessions involve a Market Analyst Support member connecting to your PC via an internet connection and taking control of the system) generally require a broad band internet connection to function correctly. While remote supports may be attempted on slower connections, it is up to the support person’s discretion.

6.7 Financial advice and trading system development is not covered by our support services. If your query is to do with the mechanics of trading please seek advice from a licensed advisor or market educator.

6.8 Abusive emails / tickets or those containing foul language will be deleted, with a warning sent via email. Repeat offenders will have access to Market Analyst support services blocked from our system. Abusive phone calls will not be tolerated. All support team members may terminate an abusive phone call at their discretion. A warning email will be sent once the call has been terminated.

6.10 Market Analyst reserves the right to record any telephone calls placed with its support or sales staff. If you do not wish the conversation to be recorded please inform the operator at the start of the call so alternative support / sales arrangements can be provided.

7. Your Obligations

Pay your bills

7.1 You must pay us all Charges for Services on your Account.

7.2 Your bill will normally include your fixed Charges for the next Billing. The initial invoice may also contain a Charge for Connection. Any taxes, including the Goods & Services Tax (GST) will be added to your bill at the relevant rate where applicable. Our invoices will be compliant GST tax invoices and are delivered to you via email.

7.3 Payment is required in advance of the Billing Period.

7.4 We reserve the right to introduce a fee for paying your Account using a credit card. If we introduce such a fee we will provide you with sufficient notice of the fee and the date from which it will apply.

7.5 If you fail to pay your bill on time, you will be in breach of your Agreement and we may Suspend your Service, and you will still have to pay your outstanding Charges for the Minimum Term, including any fee for late payment. If we Suspend you and we agree to re-Connect you, you will be required to pay a re-Connection fee which will be added to your Charges.

7.6 If we take legal or other collection action against you for non-payment of the Charges, we may require you to pay our reasonable costs and expenses (including legal costs on an indemnity basis) of taking that action.

7.7 Any Charges billed monthly in advance may not be refundable upon termination of your Agreement for any reason. Any charges billed yearly in advance which attract discounts, may not be refundable upon termination of your Agreement for any reason.

7.8 Ordinarily we will accept payment of Charges by credit card, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonored. You must pay all bank or credit card fees or charges where applicable. We reserve the right to require you to pay by direct deposit, credit card or periodic debit/payment authority at any time and may require immediate deposit or payment.

7.9 By applying for Services, you undertake to provide your correct name, email, address and all other factual information. You agree that:

• (a) if the Account is in your name as an individual, even where you have also nominated a business name, you have full contractual capacity to agree to the Agreement and are able to pay the Charges; or
• (b) if an Account is established in the name of a company, the person that has opened the Account on behalf of the company is duly authorised to bind the company to the Agreement.

Responsible use of the Services

7.10 You may only use the Services:

• (a) as stated in your Agreement; and
• (b) for your own personal use. This means you must not resell or commercially exploit any of the Services, Content, or any Product.

7.11 You must not use the Services, or allow anyone else to use the Services, for illegal or improper uses. For example:

• (a) for fraudulent, criminal or other activities in breach of any law (including without limitation, any law at any place where the communication or transmission was sent, viewed or received);
• (b) in any way which breaches another person's rights, including copyright or other intellectual property rights;
• (c) to copy, store, modify, republish or redistribute the Services or Content, except where we give you permission;
• (d) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Services or Network;

7.12 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your Services and Account. Fair use policy may apply

7.13 Your use of any of the Services that are provided free of charge or on a subscription basis is subject to our fair use policy. Under that policy you must use the Services within reasonable limits.

8. Complaints and Privacy Complaints

8.1 If you are unhappy about any aspect of the Services or any Product, you may contact Customer Care. We will investigate any complaint in accordance with our complaint handling policy.

Privacy Policy

8.2 You are entitled to ensure that we only use your personal information in accordance with your Agreement and our Privacy Policy. Our Privacy Policy will not conflict with our obligations under law.

8.3 You agree that in accordance with our Privacy Policy:

• (a) we may collect information about the way you use the Services, your preferences, your location when using the Services, while you use the Services;
• (b) we may use your information to create and maintain your Account, provide you with the Services, enable you to communicate using the Network, collect your payments and prevent fraud and improper use;
• (c) we may send you information about the Services and our products, including special promotions unless you tell us otherwise;
• (d) calls between you and Customer Care may be monitored and recorded by us for training, quality and contractual purposes; and

8.4 Our data collection is limited to data you have provided us, your computer specifications and statistics from our servers, we will not collect information from your copy of our software products relating to how you use our products.

8.5 Our Privacy Policy applies to you and is available on our website or from Client Service Department.

9. Our Intellectual Property Rights

9.1 All rights, including copyright, in the Services belong to us or our licensed sources, such as a Data Exchanges.

9.2 Any trade mark and other related images, logos and names on Services are proprietary marks of our group of companies.

10. Cooling Off Period

10.1 Any subscriptions arranged on a fixed term contract are subject to a cooling off period of 14 days from the initial invoice date. Cancellation requests received within this period will not incur any cancellation fees.

11. CANCELLING THE SERVICE

11.1 Your right to cancel the service

(a) You may cancel the service at any time by:

• (i) giving us 7 days notice (please note that you are required to give us this notice if you do not wish to continue to use the service after the end of the Minimum Term of a fixed-length agreement, otherwise we will continue to supply the service to you).
• (ii) giving us notice, if:
• (A) we breach a material term of the agreement and we cannot remedy that breach, including where there is a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or equipment not owned by us; or
• (B) any intervening event prevents the supply of the service in accordance with the agreement for more than 30 days.

(b) You may cancel the service before the end of the cooling-off period (14 Days from the first Invoice Date) See Section 10.

11.2 Our right to cancel the service - non fixed-length agreement.

(a) If the agreement is a non fixed-length agreement, we may cancel the service at any time by giving you at least 30 days notice.

11.3 Our right to cancel the service - non fixed-length agreement and fixed-length agreement

(a) We may cancel the service at any time, if:

• (i) we reasonably suspect fraud by you or any other person in connection with the service supplied to you,
• (ii) any amount owing to us in respect of the service (which is not the subject of a valid dispute) is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within ten (10) business days after we give you that notice, unless otherwise set out in the agreement
• (iii) we reasonably consider you a credit risk because you have not paid amounts owing to us or any related corporation (which is not the subject of a valid dispute) in respect of any service by its due date and you are given notice requiring payment of that amount by that related corporation and you fail to pay that amount in full within the required period,
• (iv) you breach a material term of the agreement
• (v) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law (for example, under the Copyright Act 1968 (Cth)) or under any industry codes,
• (vi) you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due,
• (vii) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due,


• (viii) any intervening event prevents the supply of the service in accordance with the agreement for more than 14 days,
• (x) we are otherwise entitled to do so under the agreement.
• (xi) We may cancel the service without notice if we have evidence you are attempting to circumvent the Market Analyst Security System.

(b) We may cancel the service under paragraph (a) above as soon as we give you notice, unless otherwise set out in the agreement. We will give you as much prior notice as we reasonably can before we cancel the service. However, we may cancel the service immediately if we see cause to do so.

11.4 Multiple services

If you have more than one service with us and you are in breach of your agreement under any service, we have the right to cancel all of your services if the breach is not rectified and if there are reasonable grounds for us to believe your continued use of that service represents a risk to us.

11.5 How can you cancel the service?

• (a) You can ask us to cancel the service by calling us. Your call will be notice to cancel the service.
• (b) Your request to cancel the service may be sent in writing, either via email to the Sales team or, by submitting a ticket. Please note the cancellation is not deemed to take effect unless you receive a confirmation the account has been cancelled.

11.6 When will the service be cancelled?

The service will be cancelled on the cancellation date. You will not be able to use the service after the cancellation date.

11.7 What happens when the service is cancelled?

• (a) The agreement terminates when the service is cancelled.
• (b) If the service is cancelled:
• (i) you are liable for any charges incurred (including the cancellation fee) up to, and including, the cancellation date.
• (ii) you authorise us to apply any over payment on your account and/or money that you have paid in advance for the service which is being cancelled to pay for any undisputed outstanding charges (including the cancellation fee, if any),
• (iii) if you are required under the service description to pay for the service, you authorise us to debit any undisputed outstanding charges (including any cancellation fee, if any) from your credit card.
• (c) If the service is cancelled within 6 months from the service start date you must pay us the stated cancellation fee. Refer to Section 11.8
• (d) If you wish to reinstate the service you should contact us. If the service is cancelled as a result of circumstances reasonably attributable to you and we reinstate the service, then you may have to pay us a reconnection or reactivation fee.
• (e) If you are able to use the service after the cancellation date, you are liable for any charges incurred by you for that use, in addition to any other charges under this clause.

11.8 Cancellation of services which have been active for less than 6 Months.

If you cancel your service and it has been active for less than 6 months, an additional cancellation fee of $195 is payable, in addition to the remaining payout totals.

11.9 Cancellation of a fixed term contact payout totals.

The cost to cancel a fixed term contract is calculated by multiplying the total number of months remaining on your contract by 50% of the standard monthly invoice value (per month).

• An example: If there were 6 months left on a 18 month contract for a Market Analyst Service at $99 per month, the total payout figure would be: ($99/2) x 6 = $297.00

11.10 Outstanding Payments

Where payments resulting from service cancellations remain outstanding for a period of 90 days or greater, Market Analyst International Pty Ltd reserves the right to pass your contact details to a certified debt collection agency.

11.11 Financial Hardship

In the event the service is cancelled due to financial hardship a request can be made to Market Analyst International to allow for a revised payment structure to be considered (smaller payments over a longer period of time for example).

11.12 Service Suspension

In the event of a personal emergency a onetime suspension to the Market Analyst service is available for a period of up to 3 months. During this time all payments will be suspended temporarily and access to the program terminated. After the 3 month period the contract will resume as per normal with or without contact from the client.

12. Liability Limits on our Liability

12.1 All of our obligations to you relating to the Services are set out in your Agreement and, except as otherwise set out in this Section 13:

• (a) all other terms, conditions and warranties relating to the Services are excluded;
• (b) we will have no liability to you for anything that we or anyone who works for us does or does not do; and
• (c) we and our Content Providers are not liable to you in any way for any loss, damage- including special, indirect or consequential damages, claims or costs of any kind including but not limited to any loss of income, business or profits or loss or corruption of personal information or data, sustained and arising out of or in connection with use of the Services or Product.

12.2 Nothing in your Agreement removes or limits our liability for death or personal injury caused by our negligence, our fraud or for anything that we cannot limit or exclude by law. Your statutory rights are not affected.

12.3 If legislation implies warranties or conditions which cannot be excluded, restricted or modified, to the extent that we are entitled, our liability will be limited at our option to: the supply of the Services again or the payment of the cost of having the Services performed again. Services - areas where we have no responsibility.

12.4 We will try to ensure the accuracy, quality and timely delivery of the Services, however:

• (a) we, Other Carriers and our Content Providers will not be responsible for any fault, inaccuracy, omission, delay or any other fault in the Services or Content, for any reason (including without limitation) where it is due to the fault of us, a Content Provider or Other Carrier; and
• (b) we, Other Carriers and our Content Providers do not make any representations as to the accuracy, comprehensiveness, completeness, quality, fault or interruption free nature, compatibility, security or fitness for purpose of the Services or Content.
• (c)  Data generated by Market Analyst servers (Spot, Volume Spot), which are not supplied by our wholesale provider(s) are available at the discretion of Market Analyst.  These ancillary codes can be adjusted, added or removed from an exchange at anytime without warning.
  

12.5 In providing you with access to any of the Services or Content, neither we or our Carrier or Content Providers are providing you with any advice of any nature, including, without limitation, investment advice. In respect of any Services or Content containing investment information, we are not communicating invitations or inducements to enter into investment agreements.

12.6 You agree to indemnify us, our employees, officers and any Other Carrier or Content Provider against all loss, damage, liability and expenses of any kind incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity brought against us or them in relation to use of the Services by you or any other person using the Services. Matters beyond our control.

12.7 We will not be liable to you if we cannot carry out our obligations, or provide the Services, because of something beyond our control.

12.8 The items contained in Section 12 will apply even after your Agreement has ended.

12.9 Market Analyst International Pty Ltd will not be liable in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect or consequential loss or damage) however caused, which may be suffered, or incurred or which may arise directly or indirectly in respect of the use of, or inability to use, Market Analyst Services.

13. Notices

13.1 We will consider you have received information from us if it is included on our website or if it is directly communicated to you by phone, message, email or mail using your most recent contact details given to us.

14. Other Terms

14.1 Your Agreement is the entire agreement between us and you and supersedes all other representations made to you including (without limitation) any oral or written representations about the Services, Product or the Charges.

14.2 Your Agreement is governed by the laws of Queensland. Each of us agree to only bring legal actions about your Agreement in the courts of that state at Brisbane.

14.3 If you, or we, delay, or do not take action, to enforce our respective rights under your Agreement, this does not stop you or us from taking action later.

14.4 If any of the terms in your Agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.

14.5 We may assign or transfer our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under your Agreement.

14.6 "Market Analyst" is a registered trade mark licensed to the Market Analyst Group of companies. Our Australian Company Number (ACN) is 103 112 009, our Australian Business Number (ABN) is 36 103 112 009 and our registered office is at Unit 7, 253 Leitchs Rd, BRENDALE, QLD 4500. Our website address is www.Market-Analyst.com.

15. Definitions

Any of the records we keep about you including records of your payments, outstanding Charges and your personal details.

Agreement: the terms and conditions described in these Customer Terms, your service description, the Price Guide and any other terms (including without limitation those contained in any application or agreement forms we produce) you sign.

Billing Period: Our billing period for the Services and any Product as may change from time to time.* Cancellation Fee: a fee charged when you cancel your Services before the end of the Minimum Term or where we have terminated the Agreement as a result of your breach. The fee may cover (without limitation) our administrative costs, costs incurred by us in Connecting and Disconnecting the Services for you, our payments to Other Carriers, our payments to dealers or agents and the cost of any Products sold to you by us.

Charges: all charges for Services and Products as published in our periodically updated Price Guide or as notified to you from time to time including but not limited to usage charges, a Cancellation Fee, late payment fees and Software Payment Plan payments.

Connection: the process of giving you access to the Services. "Connected", "Connecting", "Disconnection", "Disconnecting" and "Re-connection" have corresponding meanings.

Content: any data provided by us or a Content Provider and that can be accessed using the Services.

Content Provider: a person that supplies us, or you directly, with Content. This includes (without limitation) a person who supplies share market information and news services.

Customer Care: our service team who are available to help you with your queries. They can be contacted by calling 1300 655 262.

Messaging Services: any Services specified in the Services Guides enabling you to access, send and receive messages including but not limited to mail, fax, text or data messages.

Minimum Term: the minimum fixed term for supply of the Services as specified in this Agreement.

Market Analyst Software: Market Analyst International Pty Ltd, or any organisation that may succeed it as the assignee of your Agreement.

Price Guide: a statement of current usage charges, airtime charges, and other charges for Services and Products notified to you or to customers generally and amended by us from time to time.

Product: any software which you use in conjunction with, or to access, the Services.

Services: the data service or any other service that we provide to you under your Agreement.

Services Guide: our descriptions of our current services. These may be amended by us from time to time and are available on our website.

Software: any software that we licence or make available to you from time to time.

Suspension: the temporary Disconnection of or any part of the Services. "Suspend" has a corresponding meaning.

Standard Form Of Agreement Customer Terms for Market Analyst Services, Version 7, July 2011 - © Market Analyst International Pty Ltd