AU/NZ
Terms & Conditions

We, Our and Us means in any particular instance, Listcorp Pty Ltd ACN 166 140 307. The Website means www.listcorp.com. The Website is owned and operated by Us. You and Your means the person using, browsing or otherwise accessing any content or data on the Website, including any subdomains of the Website, or related top-level domains including www.listcorp.com, mobile sites, apps, APIs and widgets (together, Our Websites).

You acknowledge and agree that by using, browsing or otherwise accessing Our Websites, You agree to be bound by these terms and conditions of use (Terms) and Our Privacy Policy.You agree to ensure that any person who accesses Our Websites on Your behalf abides by these Terms. You acknowledge that We provide use and access to Our Websites to You subject to these Terms.

We reserve the right to change any of the Terms or other conditions for using Our Websites at any time by publishing new terms or conditions on the Website. Your use of Our Websites constitutes Your acceptance of those terms and conditions. Should You object to any of Our terms and conditions of use or other notices on Our Websites Your sole option is to immediately cease Your use of Our Websites.

Information on Our Websites and in any of Our publications should not be regarded as a substitute for professional legal, financial, investment or company advice.  This information is provided for general information purposes only and We make no representation or warranty in relation to the future performance of the companies that appear on Our Websites.  ASX Information is delayed by at least 20 minutes.  Investment in securities involves risk and You should obtain independent professional legal, financial, investment or company advice before acting on any of the information you access on Our Websites.

Other than as expressly set out in these Terms and to the extent permitted by law, We make no warranty as to the accuracy or reliability of the information contained on Our Websites or in Our publications (including, but not limited to, any content or information generated on Our Websites by or on behalf of Us, and any Third Party Content on Our Websites). We and Our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from Our Websites or publications.

User Registration

If You wish to become a registered user, You will need to apply for a user account (Account). In order to apply for an Account, You must complete all details in accordance with the instructions on the Website.

Upon grant of the Account by Us, your Account will be created and You will be able to use Our Websites and customise Your personal page (Page) which may include the ability to edit, load and/or delete Content.  We may refuse to grant an application for an Account made by any person without giving a reason for such refusal.

The profile and Page that You create on Our Websites will become part of Our Websites and will be owned by Us.

You continuously represent and warrant to Us that persons accessing Your Page and creating or uploading Content or customising Your Page on Your behalf are authorised to do so.

You are not authorised to create a Page, edit, load or delete Your Page or Content on Our Websites or otherwise until you have been granted an Account.

Security

Access to Your Account and to add to, delete or modify content on Your Account or on Your Page is password protected.  You must memorise Your password or store Your password in a safe and secure place.  You agree that You will not disclose Your password to anyone or allow any other person to access or use Your Account.

Restrictions on use of Websites

In accessing or using Our Websites you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index Our Websites or any content on Our Websites without Our express prior written consent;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of Our Websites;

(c) undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that we deem, in Our sole discretion to be unreasonable or disproportionate site usage;

(d) use or index any content or data on Our Websites for purposes of:

(i)    constructing or populating a searchable database of companies;

(ii)   building a database of company information; or

(iii)  competing with Us in any manner that we have not specifically authorised;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(f) use Our Websites or any content from Our Websites in any manner which is, in Our sole discretion, not reasonable and / or not for the purpose it is made available;

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

(i) act in violation of any Term or Condition of Use or other condition posed by Us or any applicable law;

(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our Websites or any content on Our Websites, except as expressly authorised by us; or

(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of Our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Intellectual property

Unless indicated otherwise, all intellectual property in Our Websites is owned or licensed by Us. Subject to these Terms, You agree that You will not infringe Our intellectual property as contained in Our Websites and will not modify, copy, republish, frame, distribute or communicate any part of Our Websites or any information contained in it or otherwise use Our Websites in a way which will infringe Our intellectual property or other rights.

You own all the intellectual property in any information or content, including data, text, images, photographs, audio and video files (Content) You upload in the course of accessing or otherwise using Our Websites. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and all other intellectual property rights in any Content, in all media now known or not currently known.  You warrant that any Content may be used in any way by Us without infringing the moral rights of any person, being moral rights under or in accordance with the Copyright Act 1968 (Cth).

We grant You permission to download copyright material only for private and non-commercial purposes. For reproduction or use of Our copyright material beyond such use, written permission must be obtained directly from Us or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Use of Information

You agree that Content You upload or otherwise provide in the course of accessing or using Our Websites, will be available to Us to use in any manner We think fit subject to applicable provisions of any legislation including, without limitation, privacy legislation.  You agree, and continuously represent and warrant each time You access Our Websites, that You will not upload or otherwise provide any Content which:

(a) is inaccurate, misleading, deceptive, incomplete, defamatory, fraudulent, unlawful, tortious or confidential;

(b) infringes the intellectual or other proprietary interests of third parties;

(c) contains spam, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of Our Websites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of Our Websites or otherwise breaches or encourages other users to breach these Terms;

(d) constitutes a libel or defamation of any person or entity;

(e) violates any law, statute or regulation; and/or

(f) forges information to disguise the origin of any Content.

We may, but are not required to, remove, edit and/or monitor Content and Your Page from time to time.

ASX Information

Our Websites contain content that includes but is not limited to company announcements provided to the Australian Securities Exchange (ASX) by companies from time to time, including headlines associated with those announcements, prices of securities of those companies and all other related data and/or information (ASX Information).

The ASX publishes the ‘ASX Market Information Products & Services Guide’ (Guide) which can be accessed at www.asxonline.com.  The Guide (as amended from time to time) applies to the ASX Information on Our Websites.

Third Party Content

Our Websites contain content provided to Us by other parties (Third Party Content). This includes the information relating to a particular company and 20 minute delayed ASX Information.  We do not have a practice of monitoring or making inquiries about Third Party Content. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent Our views. You rely on Third Party Content completely at Your own risk.  Any ‘live’ ASX Information on Our Website is delayed by at least 20 minutes.

Editorial content

Any editorial content, publications or articles (Editorial Content) on Our Websites are of a general nature only and do not consider Your personal objectives, financial situation or particular needs. Editorial Content should not be regarded as advice or relied upon by You or any other person and We recommend that You seek professional advice before acting on the content. For the avoidance of doubt, Editorial Content provided by third party authors that are not employed by Us is deemed to be Third Party Content for the purposes of the section above.

Privacy

You agree to comply with Our privacy policy, guidelines and statements as may be applicable from time to time, which are incorporated into these Terms, and can be found at https://www.listcorp.com/privacy-policy.html.

If You load onto Our Websites information or an opinion about an identified individual, or an individual who is reasonably identifiable (whether true or not, and whether recorded in material form or not) (Personal Information), You warrant each of the following to Us (Privacy Warranties):

(a) The Personal Information has been collected in accordance with the Privacy Act 1988 legislation and any codes that bind You (Privacy Law).

(b) The individual to whom the Personal Information relates has been made aware of Our identity, of how to contact Us and of the other matters of which We are required to inform a person from whom We collect Personal Information under Privacy Law.

(c) We are authorised, either by consent of the individual or by Privacy Law, to collect the Personal Information from You and use the Personal Information for the purposes of OurWebsites.

For the avoidance of doubt, the Privacy Warranties apply to Personal Information about an individual who is Your officer, employee, principal or contractor, or an officer, employee, principal or contractor of a contractor of Yours.

You must ensure that any Personal Information that You access or collect through use of Our Websites is not collected, used, disclosed, stored or handled otherwise than in accordance with Privacy Law.  Without limiting the generality of this requirement, You must:

(a) not use or disclose any such Personal Information except as authorised by the individual to whom the Personal Information relates or by law;

(b) take reasonable steps to ensure that the Personal Information is protected from misuse, interference and loss and unauthorised access, modification or disclosure; and

(c) take reasonable steps to destroy or permanently de-identify the Personal Information when You no longer need it.

You must: 

(a) take reasonable steps to facilitate Our compliance with Privacy Law applicable to Us;

(b) co-operate with any reasonable request or direction of Ours which relates to the protection of the Personal Information or the exercise of the functions of the Privacy Commissioner under Privacy Law.

(c) promptly inform Us in writing of any complaint that You receive concerning the use, disclosure, storage or handling of Personal Information; and comply with Our reasonable directions in relation to a complaint received by either Us or You concerning the use, disclosure, storage, transfer or handling of Personal Information.

Limitation of Liability

You agree that, to the maximum extent permitted by law, We are not liable to You or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

(a) the use of Our Websites;

(b) any Content You upload or otherwise provide;

(c) the use by Us of information provided by You to Us through Our Websites;

(d) being unable to access Our Websites for whatever reason and however arising, including (without limitation) negligence;

(e) the failure of Our Websites for whatever reason and however arising including (without limitation) negligence; and/or

(f) the use of Your password by You or any third party to whom You have made the password available.

We expressly limit, and You agree, Our liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the supply of the services again or the payment of the cost of having the services supplied again (the choice of which is to be at Our sole discretion).

You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to:

(a) Your breach or non-observance of any of these Terms;

(b) any Content You upload or otherwise provide;

(c) any breach or inaccuracy in any representations or warranties made to Us; and/or

(d) any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.

Choice of law

These Terms, and the agreement of which they form part, are governed by the laws of Victoria, Australia.

Disclaimer

Except as provided by law, Our Websites are provided "as is" and without any warranty or condition, express or implied.

We do not warrant that the information contained in or accessible through Our Websites is accurate, suitable for Your purposes or without errors, omissions or viruses.  We do not guarantee continuous, uninterrupted or secure access to Our Websites.  You acknowledge that access and Use of Our Websites (including the software operating in connection with Our Websites) may be interfered with by numerous factors outside of Our control.  We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through Our Websites.

To the maximum extent permitted by law, We make no representations or warranties in respect of the information and materials available on Our Websites or the means of accessing that information and material (including the software operating in connection with Our Websites) and note that any live ASX company news headlines or prices data appearing on the Website is delayed by at least 20 minutes.  We make no warranty or representation and accept no responsibility for any websites operated or controlled by entities other than Us which are or may become linked or framed to or from Our Websites.