Disclaimers

Website disclaimers

This Internet website (monexsecurities.com.au) and information and services referred to in the ‘website’ are directed to and available for Australian residents. Our website is issued and made available in Australia through Monex Securities Australia Pty Ltd ABN 84 142 210 179 and AFSL No. 363972 (‘Monex AU’, “us’ ‘we’ ‘our’). 
This website contains material in relation to the Financial Products and services available in Australia offered by Monex AU.
By accessing this website you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without prior notice. It is your responsibility to review for any amendments of our terms and conditions that may occur from time to time published on our website. Do not access this website if you do not agree with these terms and conditions set out herein.
Unauthorised use and access of Monex Australia Pty Ltd (should consider including reference to the Monex group entity or BOOM?) Website and systems including the unauthorised entry into Monex systems, misuse of passwords, or misuse of any information published to a Website, is strictly prohibited without prior express written consent from Monex Australia Pty Ltd.
The information, content and material on this website is for information purposes only. It is believed to be reliable at the time of publication however Monex AU does not warrant its completeness, timeliness or accuracy. The information and materials contained in this website are subject to change without notice.
We may provide separate terms and conditions on certain pages of this website in addition to those disclosed herein. Should a conflict arise, the additional terms and conditions will govern for the relevant sections or pages as applicable. In addition, certain portions or pages of this website are subject to additional disclosures and disclaimers required by Monex AU. Where there is a conflict between those disclosures and disclaimers and these terms and conditions, the additional disclosures and disclaimers will govern those portions or pages.
By using and accessing our website, you agree that: 
 (i)   You will not engage in any activities related to the website that are contrary to applicable law, regulation or the terms of any agreements you have with us; and
(ii)   In circumstances where locations of the Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorised individuals.
We may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. We do not undertake any obligation or responsibility to update or amend any information and reserves the right to terminate any or all Website information, offerings or transmissions without prior notice to the user.
Links to other Websites not owned or managed by Monex AU are provided solely as reference to information on topics that may be useful to users of our Website. We do not; have any control over the content. If you select a link to a Website not controlled by us, we do not make any warranties, whether express or implied, concerning the content of such external Websites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Further we do no warrant the content within these external websites are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such Websites or content are free of viruses or other contamination.
The works within our website monexau.com.au including but not limited to all the design, text, visual, sound and images are owned, except as otherwise expressly stated, by Monex AU. Except as otherwise expressly stated herein, they shall not be copied, transmitted, displayed, distributed, licensed, altered, framed, or otherwise used in whole or in part in any manner without our prior written consent.
The users of this website and the terms of this disclaimer are governed by the laws of New South Wales, Australia.

Confidentiality & Privacy

Monex AU will use reasonable precautions to maintain the confidentiality of the information you have provided to us in connection with your use of the website, although given such information is transmitted and can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that the information, or any information provided to you through our website, or any communication with us through email, will remain secure.
Further, we may disclose such information to its employees, officers, agents, and affiliates, as well as a government entity, or any third party agent or service provider: (a) for any purposes related to the conduct of performing our business, obligations or to the offering, providing or maintaining of the website, (b) to comply with applicable rules, orders, subpoenas or other legal processes or as required by ASIC, or in order to give information to any Australian government agency or official requesting such information, or (c) for any other legitimate business purpose.
You acknowledge that Monex AU may disclose and transfer any information that you provide through this website to any company within the MONEX JP group, its affiliates, agents or information providers. Further, we may disclose to any other person or entity with your consent or where we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.  
You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website you agree to such transfers.  
Use of this website may be monitored, tracked and recorded. Anyone using this website expressly consents to such monitoring, tracking and recording.

Financial Product Information and Disclosure 

This website is given for general information only. As general information, no consideration or evaluation is given of the investment objectives or financial situation of any particular person. All customers of Monex AU should make their own evaluation of the merits and suitability of any financial products and/or advice or seek specific personal advice as to the appropriateness of engaging in any activity referred to in this website in light of their own particular financial circumstances and objectives.
Contents and materials throughout our website does not constitute an offer, a solicitation of an offer or a recommendation to buy or sell any Financial Product with the exception where an offer is explicitly made through the availability of a prospectus, product disclosure statement or other formal offer or disclosure document on the website. Such offers can only be made where lawful under applicable law.
Any evaluations, securities pricing indications or market quotations are provided solely for your information. Such prices, bids or quotations are not deemed as firm bids or offers and may not reflect current prices, due to delays in transmission or otherwise. Nothing in the website shall form the basis of or be relied on in connection with any contract or commitment and any pricing information quoted or published at the time of access may differ from the price at which a person may buy or sell the particular Financial Product.  
Please read our Financial Services Guide (“FSG”), which provides you with information about us, and the services we provide prior to making a decision to use one or all of our financial products.

Disruption of services  

From time to time, Access to the website may be unavailable, delayed, limited or slowed due to hardware failure (including but not limited to servers, networks, telecommunications), software failure (configuration matters, bugs, errors, virus), damage caused by natural disasters, interruptions (power supplies or utilities restrictions), governmental or regulatory restrictions and any other cause beyond the control of Monex AU.
In the event access to our website is unavailable, delayed or limited, or if this Website does not operate efficiently, you may be unable to transmit your instructions, transactions and other communications to us and as such instructions may not be promptly executed by us, you may be unable to retrieve information on a timely basis. It is your responsibility to contact us should a critical or time sensitive instruction be required if there is a disruption of service. Monex AU will not be required to act upon any such types of instructions and will not be liable for any actions taken or omissions to act as a result of any communication from the website or through electronic messaging such as email.
You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the website.

Limitations of liability

Our Website (including all information and materials contained on the website) is provided 'as is' and 'as available'.
Monex AU and our appointed service and data providers are not providing any warranties and representations regarding this website. We disclaim all warranties and representations with regard to the website, including any implied warranties of non-infringement of third party rights, freedom from viruses or other harmful code, or fit for a particular purpose. We do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the Website and expressly disclaim liability for errors or omissions in the materials and information.
Monex AU will not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this website and any incompatibility between our website and the user's systems, files, web browser applications or any other program or software.
Under no circumstances will Monex AU be liable for any loss of profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the Website or any portion thereof.