Terms and Conditions

Legal Information

 

 

Terms & Conditions & Privacy Policy

By accessing and using this website “www.tradeadvisoraus.com.au” (the “Website”) and/or the iOS/Android application “Trade Advisor” (the “Application”) (collectively “Trade Advisor”) and the products and services (the “Services”) provided through the Website and/or the Application by Trade Advisor, located in Queensland, Australia, you acknowledge and agree to the following terms and conditions (the “Terms”):

PART A: TERMS OF USE

DISCLAIMERS

All content and functionality on the Website and the iOS/Android Application and all Services are provided on an “as is, as available” basis without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the extent permitted by law, Trade Advisor makes no warranties, either express or implied, as to the ownership, accuracy, completeness, or adequacy of the Website or the iOS/Android Application content or the Services. Trade Advisor shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the cause of action in connection with the Website, the iOS/Android Application or the Services. Trade Advisor does not warrant that the Website or the iOS/Android Application will be uninterrupted or error-free. You expressly agree that the entire risk as to the quality and performance of the Website, the iOS/Android Application or the Services and the accuracy or completeness of the content of the Website, the iOS/Android Application or the Services is assumed solely by you. You should not place any reliance on the content of the Website, the iOS/Android Application or the Services. You should make your own independent assessment, after making such consultation with your consultants and advisors, as you consider appropriate.

DEFAMATION

All written content, statements of opinion and/or belief and all views expressed on the Website and/or the iOS/Android Application: (i) are subjective and based on a single experience undertaken by a representative at Trade Advisor or third parties, and on the information available to the employee on the date of such experience, (ii) represent the own assessment of the writer and do not profess to be reflective of every user experience and (iii) are subject to risks and uncertainties that could cause actual experience of the users to differ materially from those expressed or implied by such content or statements. All information published is accurate at the time of writing, but cannot guarantee the quality of experience. Our views, or the view of third parties expressed on the Website and/or iOS/Android Application are entirely based on personal opinion and should not directly inform your decisions as a user and users must, at all times, make their own independent assessment after making such investigations and consultation as they deem appropriate.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Trade Advisor, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, attorneys, representatives licensors and information providers harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by Trade Advisor in connection with any claim arising out of any use or alleged use by you of the Website, the iOS/Android Application and/or the Services or arising out of or in relation to any breach by you of the Terms, or the representations, warranties and covenants you made by agreeing to these Terms.

INTELLECTUAL PROPERTY RIGHTS

This Website and iOS/Android Application, including all their content and functionality, and the Services are the intellectual property of Trade Advisor and are protected by international laws.

USE OF CONTENTS

Trade Advisor hereby grants you a non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Website or the iOS/Android Application on one computer or mobile device solely for your personal use, provided that you do not modify the Website or the iOS/Android Application’s content in any way and that you retain all copyright and other proprietary notices displayed on the Website and the iOS/Android Application. You may not otherwise reproduce, modify, distribute, transmit, post, republish, or disclose the Website or the iOS/Android Application’s content or the Services without obtaining prior written consent from Trade Advisor. You may not misuse the Website, the iOS/Android Application or the Services.

ACCESS AND AVAILABILITY

The Website and/or the iOS/Android Application may become unavailable to you, without notice to you or liability to us or any third party, as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Website and/or the iOS/Android Application does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

THIRD PARTY WEBSITES

The Website and/or the iOS/Android Application may provide links to third-party websites, and some of the content appearing to be on the Website or the iOS/Android Application may be supplied by third parties. Trade Advisor assumes no responsibility for these third-party websites, which are governed by the terms and conditions, if any, of the applicable third-party content providers.

INFRINGEMENTS OF THIRD PARTY RIGHTS

Trade Advisor may terminate the privileges of any user who uses the Website or the iOS/Android Application to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Website or the iOS/Android Application, you warrant that the information does not infringe the copyrights or other rights of third parties.

RIGHT TO AMEND THE TERMS

Trade Advisor reserves the right to change, modify, add or delete portions of the Terms at any time, without prior notice. Please review the Terms periodically for changes. Your continued use of the Website and/or the iOS/Android Application will mean that you accept such changes or deletions.

MISCELLANEOUS

These Terms shall be governed and interpreted in accordance with the laws in force in the state of Queensland, Australia. Any dispute arising out of or in connection with these Terms shall be settled by arbitration before the courts of the State of Queensland.

PART B: PRIVACY POLICY

By accessing Trade Advisor and using our Services, you agree to the collection, use, and storage of your personal information by Trade Advisor as described in the PRIVACY POLICY set out below:

PRIVACY POLICY:

This Trade Advisor privacy and cookies policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of any information you submit to us through our website www.tradeadvisoraus.com (the “Website”) and our Trade Advisor iOS/Android application (the “Application”) (the Website and the Application are referred to hereinafter as ” Trade Advisor “).

YOUR PRIVACY

Trade Advisor takes very seriously the private nature of your personal information and its obligations pursuant to the Privacy Act 1988 (Cth). This Privacy Policy describes how we collect and what we do with the personal information we obtain when you visit Trade Advisor or use the products, services offered through Trade Advisor (collectively, the “Services”) and what controls you have. Please read this notice carefully and do not hesitate to let us know if you have any questions.

By using or accessing Trade Advisor, you acknowledge and agree to the collection, use and storage by Trade Advisor, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, attorneys, representative’s licensors and information providers, of the Information (as defined below) in accordance with the practices provided for in this Privacy Policy. Please note that we may update this Privacy Policy as we change or develop the Website, the iOS/Android Application or the Services. Your continued use of the Website and/or the iOS/Android Application constitutes your acceptance of the then-current Privacy Policy. For this reason, we recommend that you review the Privacy Policy from time to time to ensure that you understand and are willing to accept the current privacy practices of Trade Advisor and that you carefully read and review any Information before submitting the same to Trade Advisor. If you do not accept the practices set out in this Privacy Policy, you should not use the Website and the iOS/Android Application.

Upon entering our Website or using the iOS/Android Application or when registering your account, you subscribe by default to our newsletter containing promotional content for the Services. Should you no longer want to be subscribed to receive our newsletter, you can unsubscribe from the newsletter by [clicking the “Unsubscribe” link at the bottom of any received newsletter].

THE INFORMATION WE MAY COLLECT FROM YOU

As is true of most websites, we gather certain information automatically and store it in log files or private databases. We may collect and process the following information (the “Information”):

(a) Personal information including names, addresses and other contact details;

(b) Information that you provide by completing forms on Trade Advisor, including if you register as a user of Trade Advisor, subscribe to any service, upload or submit any material via Trade Advisor, request any information or enter into any competition or promotion we may sponsor;

(c) In connection with an account sign-in facility, your password and log-in details;

(d) Your preferences, which help us provide you with more tailored recommendations;

(e) Communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding Trade Advisor or its content;

(f) Information from surveys that we may, from time to time, run on Trade Advisor for research purposes, if you choose to respond to them;

(g) Details of your visits to Trade Advisor, the resources you access and any data you download; For purposes of this privacy policy, “Non-Personal Data” means information that does not directly identify you. Additionally, Non-Personal Data means “aggregate” and “de-personalized” information, which is data we collect about the use of the Services, from which any personally identifiable data has been removed. We may use tools or third party analytical software to automatically collect and use certain Non-Personal Data that does not directly enable us to identify you. The types of Non-Personal Data we may collect and use include, but are not limited to:

(i) device properties, including, but not limited to IP address, browser type, Internet Service Provider, referring/exit pages, operating system, date/time stamp, clickstream data, anonymously tracked on-page events, Media Access Control (“MAC”) address and unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as post code and coarse location; (v) other non-personal data as reasonably required by Trade Advisor to enhance the Services; and Information obtained from your social networking profile, if you log-in via a social networking site. You are under no obligation to provide any Information. However, if you should choose to withhold requested Information, we may not be able to provide you with certain Services.

HOW WE USE YOUR INFORMATION

We will use the Information to help us to build a profile of your preferences so we can offer you recommendations and services you are interested in;

(a) Track user’s movement around the website;

(b) Analyze user behavior on page;

(c) Administer your account with us;

(d) Contact you by email when necessary;

(e) Improve the layout and/or content of the pages of the Website and the iOS/Android Application and customize them for users;

(f) Identify visitors to Trade Advisor;

(g) Carry out research on our users’ demographics;

(h) Disclose to lawful authorities when required to do so by law;

(i) To contact you in connection with providing the Services, to verify your credit card payment information;

(j) Send you newsletters and recommendations;

(k) Allow advertisements on the Website or the iOS/Android Application to be targeted, to the users for whom they are most pertinent;

(l) Suggest connections for other users that are connected to you and;

(m) Enhance your user experience in general.

We may also occasionally contact you to obtain feedback on a specific Service or suggest social connections. For certain services, we also request credit card or other payment account information, which is maintained by our payment processor in encrypted form on secure servers. We do not share this information with any third party except the companies/bank responsible for processing our credit card transactions. We may combine the Information you submit under your account with information from other Trade Advisor services or third parties in order to provide you with a better experience and to improve the quality of our Services. For certain Services, we will give you the opportunity to opt out of combining such information.

SHARING FUNCTIONALITY

At various times, you will be able to share content on our Website or iOS/Android Application using the share feature. We do not view or store the specific messages that you send through this feature, but we may record the number of times that particular content has been shared.

COOKIES

Like most Websites, Trade Advisor makes use of browser “cookies.” When you visit the Website or the Application, our web server sends a cookie to your computer or mobile device (depending on how you access the Website or the iOS/Android Application). Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the website. A number of cookies we use last only for the duration of your web session and expire when you close the Website or the iOS/Android Application. These are known as session cookies. Other cookies are used to remember you when you return to the iOS/Android Application or the Website and will last for longer. These are known as persistent cookies. We use cookies to:

(a) Remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;

(b) Customize elements of the promotional layout and/or content of the pages of the Website and/or iOS/Android Application; and

(c) Collect statistical information about how you use the Website and/or iOS/Android Application so that we can improve the same and learn which parts of the Website and iOS/Android Application are most popular to visitors.

Some of the cookies used are set by us, and some are set by third parties who are delivering services on our behalf. For example, social networking sites. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on the Website and/or the iOS/Android Application, you may not be able to take full advantage of the same. Trade Advisor may also use transparent images in emails we send to you. We use these images to track the viewership of emails we send. Trade Advisor may also create unique links in emails that enable us to track on which emails you click.

PIXEL TAGS

In addition to cookies, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users. Pixel Tags are embedded invisibly in Web pages. We use Pixel Tags to:

(a) Send e-mail messages in a format users can read;

(b) Find out whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users;

(c) Reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.

INFORMATION SHARING

We only share the Information with other companies or individuals outside of Trade Advisor in limited circumstances. We may provide the Information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing the Information on our behalf or providing any Services on our behalf. We reserve the right to transfer or assign the Information we have collected from you in the event Trade Advisor is acquired by, or mergers into, a third party, or in the event we undergo any other form of reorganization. We may share the Information when we believe in good faith that access, use, preservation or disclosure of such Information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable terms of service (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Trade Advisor, its users or the public as required or permitted by law.

USAGE OF NON-PERSONAL DATA

Trade Advisor may share the Non-Personal Data with third parties in an aggregated, non- personally identifying form. Such information does not identify you individually.

HOW TO ACCESS AND UPDATE/COPY THE INFORMATION

Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their Information whenever necessary. We make good faith efforts to provide you with access to your Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.

STORAGE OF INFORMATION AND SECURITY PRECAUTIONS

We take reasonable precautions to ensure that all personal information is stored on servers in jurisdictions with appropriate security and privacy safeguards . This is necessary in order to process the Information. By submitting the Information via Trade Advisor, you agree to this storing, processing and/or transfer. We use appropriate physical, electronic and managerial security measures to try to prevent the Information from being accessed by unauthorized persons and to ensure that you may input the Information safely.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites. Trade Advisor is not responsible for the privacy practices of third parties or the content of these websites. If you follow these links you are responsible for reviewing the privacy policy of any third party website to determine that the Information is protected to your satisfaction.

MARKETING TO YOU

We may send you information we think you may find useful or which you have requested from us by push notification and/or (if you provide us with your e-mail address) by e-mail, including information about the latest recommendations or features on Trade Advisor, provided you have indicated that you do not object to being contacted for these purposes and we will always give you the option to opt-out of receiving further e-mails or push notifications by following the unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting us using the contact details.

YOUR LOCATION DATA

In order to get the most out of our service we need to process your approximate location from time to time. The types of location data that will be processed are your latitude, longitude, cell tower ID, etc. Your location data will only be processed for as long as necessary in order for us to respond to your request for tailored recommendations.

You can choose not to allow us to process your approximate location at the time you connect to the iOS/Android Application or access the Website, or any time after that either by changing the settings on your mobile device or by contacting us using the contact details. Please note that if you choose not to allow us to process your location data, we will not have enough data in order to provide you with the full benefit of our Services (e.g. a list of recommendations tailored to your location.)