Terms and Conditions
These Terms and Conditions apply to your use and subscription to Agora Financial Australia publications and its websites. By using our services you agree to be bound by these Terms and Conditions and they shall constitute an agreement between you and Agora Financial Australia Pty Ltd (‘AFAU, ‘us’, ‘our’, ‘we’).
We are licensed to provide general financial product advice only to retail and wholesale clients on:
- Derivatives, and
By agreeing to these Terms and Conditions you acknowledge you have read and understood our Financial Services Guide.
All information contained on our websites (our websites include any website that is operated by us and offers one or more publications that we publish) and in emails and other electronic services is general advice; your personal circumstances have not been taken into account. If you’re in doubt about the suitability of an investment, it is a good idea to seek professional financial advice.
Access to information
Users will only have access to the services they are subscribed to. For paid services, only a paying member has access to the subscriber-only section of the websites and emails. Subscribers must not reveal any username(s) or password(s) or forward paid services emails to any third party. Free e-letters can be viewed on their dedicated websites or subscribed to by email.
Use of copyright material
All material published on our websites is owned or provided under licence by AFAU. Content in the free e-letters may be republished only if you acknowledge the e-letter as the source and provide a link to its dedicated website. Content in our paid subscriptions is not to be reproduced, forwarded, or disclosed without our prior written permission.
Security policy and our services
When purchasing from AFAU your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the industry standard however AFAU does not warrant or represent that it provides a totally secure online service. If you have any questions regarding our security policy, please contact our customer services team email@example.com.
Given the nature of electronic and telecommunications services and the fact that AFAU does not own, operate or control these systems, AFAU does not promise to make its subscriptions and other online and electronic services and offerings continuously available or virus or fault free. Likewise, we do not promise to make any of our services available by a particular time or method.
Information, opinions, comments and reports have been produced in good faith and based on information collected from wide ranging sources believed to be correct and accurate at the time of publication. AFAU exercises due care in the research, preparation and delivery of its services. However, we do not represent or warrant that any service or content we provide is accurate, reliable, suitable, complete or of a particular quality.
Our liability to you
Except as expressly required by legislation, we accept no liability to you (including, without limitation, by way of negligence) arising from the provision (or non-provision as the case may be) of any of our services. To the extent permitted by legislation, we limit any liability we may have to you to the resupply of services or refunding any unused portion of your annual subscription (where relevant).
None of AFAU and its employees, directors, agents or associates guarantees the performance of any security or other financial product (or class of financial product) that is reviewed, recommended or opined on in any of our services. We strongly recommend you make your own inquiries and seek professional advice before making any investment decisions.
Cancellation Policy, Pricing and Trial Periods
We reserve the right to refuse subscription. When you subscribe to a Agora Financial Australia publication you enter into a continuing agreement for that publication, which is charged either yearly, quarterly, or monthly (‘the subscription period’), depending on the offer taken up.
Each subscription period must be paid in full prior to starting the subscription period. We will cancel your subscription if the subscription period is not paid in advance or if you give us written notice that you wish to cancel.
The prices for new subscriptions will be communicated to you prior to subscribing.
Each newsletter may offer a trial period for new subscribers only. If you have subscribed to a newsletter previously and ceased your subscription for any reason, you will not be entitled to another trial period should you decide to resubscribe at a later date. A person deemed to be abusing the trial period feature may be refused subscription to other Agora Financial Australia products or services. Subscription fees must be paid in full before subscribing. Should you cancel within the trial period (where a trial period is offered) you will receive a full refund unless otherwise stated.
We can review and alter our prices for any subscription period at any time. Any changes to pricing for existing subscribers will take effect when your next subscription period starts. If the price for your next subscription period is to increase we will let you know before it changes.
All prices are quoted in Australian dollars and include any postage. Items will be mailed within five business days.
If there is a minor problem with your subscription Agora Financial Australia will attempt to fix the problem in so far as the problem is within our control. Where the minor problem can’t be fixed within a reasonable time you have the right to cancel the subscription and a refund will be provided for the part of the subscription period that the service was unavailable to you.
We will provide a refund where there is a major issue with our service such as:
- we have provided the service with an unacceptable level of care and skill;
- the subscription is not fit for the purpose described by us; or
- the subscription is not delivered by the agreed date or within a reasonable time.
We will only provide refunds where there are problems that arise with the subscription that are within our control for example:
- if our files are corrupt; or
- we are unable to deliver content in accordance with your subscription terms; or
- we are suffering technological problems.
We do not provide refunds for a change of mind, or in circumstances where the problem is outside of our control such as:
- problems with your internet service provider;
- technology problems arising from your devices; or
- network outages.
Refunds will be issued where applicable on a pro-rata basis to the value of the part of the subscription period that has been affected, and will not be provided in situations where content was accessible, even if the content was not accessed by you.
From time to time, Agora Financial Australia may provide an alternative refund policy for certain newsletters and for a certain period. Details of any applicable refund policy will be made clear at the point of sale. Otherwise, this standard refund policy applies.
Commenting on our websites
You are welcome to participate on our websites by posting comments at the end of each article. Please note that in order to post a comment you will be required to submit your email address. This DOES NOT make your email address publicly accessible. Nor does it subscribe you to our e-letters.
You must submit a name to submit a comment, but it does not have to be your name — aliases are completely acceptable as long as they are unique and not meant to impersonate another person (i.e., “Barack Obama” is not acceptable) or are considered by Agora Financial Australia, at its sole discretion, to defame another person, to be offensive or otherwise unacceptable.
You are responsible for the content of your messages and you are liable for activities conducted by you, or by others authorised by you, or otherwise acting on your behalf.
By submitting messages you agree to indemnify and to continue to indemnify Agora Financial Australia to the full extent possible under the law against all claims, costs and expenses (including but not limited to reasonable legal and administrative expenses) arising out of any such messages.
Messages are submitted by users over whom we have no control. We cannot guarantee the accuracy, integrity or quality of these messages. Some users may breach these Terms and Conditions and post messages that are misleading, untrue or offensive. To the extent allowable under the law, you bear all risk associated with your use of our websites and you should not rely on messages in making (or not making) any specific investment or other decision. In the event that you have any right, claim or action against any users arising out of that user’s messages, then you will pursue such right, claim or action independently of, and without recourse to, us.
To the extent allowable under the law, we expressly exclude our liability for any loss or damage arising from the posting of messages by any person on our websites.
We have the right to moderate all comments and we reserve the right to remove any comments which we deem, in our absolute discretion, to be advertisements, offensive, illegal, defamatory, contain profanity, or are otherwise considered to be unacceptable.
Portfolio performance and returns on stocks
All returns are hypothetical and based on the percentage change between the stock price at the time of recommendation and sell price or current price (if position is still open). The past is not a guide to future performance. Some figures contained in AFAU reports are forecasts and may not be a reliable indicator of future results. Brokerage and any other associated costs are not taken into account.
AFAU has the right to investigate any breach or complaint about a violation of these terms and conditions. AFAU will take any necessary action to protect itself and may report any unlawful activity to the relevant legal authorities.
Breaching the Terms and Conditions and Cancellation
Any subscriber or website user found to be in breach of these Terms and Conditions may have their subscription or website access suspended, amended or cancelled. We reserve our right to take whatever action is available to us under the law.
We reserve the right to cancel any subscription at any time, for any reason, regardless of whether a breach of these terms and conditions has occurred. Where we cancel your subscription, the unused portion of your subscription will be refunded on a pro rata basis.
Changes to these Terms and Conditions
We may change all or part of these Terms and Conditions at any time. If we do, the new Terms and Conditions will be posted on our websites. Your subsequent or continued use of this website and/or receipt of our emails will constitute your acceptance of any changes. If you object to any changes to the Terms and Conditions, your only remedy is to discontinue your use of the website or cancel your subscription with us. As you are bound by these Terms and Conditions, we recommend that you periodically refer to them.
If you have any queries relating to these Terms and Conditions please contact our customer service department. Please email firstname.lastname@example.org or phone 1300 029 501. Or you can write to us at:
Attn: Agora Financial Australia
PO Box 713
South Melbourne, VIC 3205
Agora Financial Australia Pty Ltd.
Registered Office: 108 Bridport Street, Albert Park, VIC 3206
(ACN: 617 997 547 ABN: 14617 997 547)
Agora Financial Australia Pty Ltd is an authorised representative (number 1255667) of Port Phillip Publishing Pty Ltd (Australian Financial Services Licence 323 988).