The purpose of this Agreement which includes the separate Privacy Statement and Alerts Policy is to provide you with details of Market Shares Australia (Market Shares) services.

This agreement does not contain any financial product advice of a general or a personal nature.

Be aware investing in the stock market carries inherent risk. The value of an investment may go down as well as up. Past performance of an investment is not a reliable indicator of future performance.

This Agreement provides details on the basis of the relationship you would have with Market Shares and the inherent mutual obligations. It also details how complaints against Market Shares can be dealt with.

Please note that column notes are provided for your convenience and ease of reference but do not form part of this agreement.

Please read these terms and conditions thoroughly.

Market Shares is an online publisher of various financial and research data. The research data is provided under licence from Aspect Financial Pty Limited, a leading provider to various Australian financial and investment entities.

Market Shares IS NOT a Financial Adviser, nor a Financial Planner, nor a Stockbroker, nor a Financial Services Product Provider.

Market Shares provide a range of online resources which are available by subscription. Resources include but are not limited to share analysis, a quantitative overview of markets, a strategy composer to build your own strategies, a library choice of strategies composed by others (Lessors) that you may choose to lease, and, trigger alerts on strategies that you have assessed independently of Market Shares and the Lessor that meet your risk profile and investment needs, as well as the ability to record and report on arbitrarily selected shares.

To buy and sell shares on the Australian Stock Exchange (ASX) you will need to use a licensed Stock Broker.

Market Shares offers neither advice nor direction regarding your specific investment requirements.

Market Shares DOES NOT REQUIRE NOR DOES IT HOLD AN AUSTRALIAN FINANCIAL SERVICES LICENSE.

The website Market Shares owns and operates is known as marketshares.com.au (the “Website” or “site”).

Your access to and use of Market Shares is subject exclusively to these Terms and Conditions. You will not use the subscriber-only areas for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the subscriber-only areas you are fully accepting the terms, conditions and disclaimers contained in this agreement.

Market Shares is designed to be a subscriber-only site. Although portions of Market Shares may be viewed by simply visiting the site, in order to use the subscriber-only areas and any other subsidiary services offered, you need to register as a subscriber of Market Shares. If you sign on to Market Shares as a registered subscriber, these terms and conditions will govern your use of Market Shares, including access to message boards and other community features.

By clicking on the "Proceed & Submit" button and using Market Shares subscriber-only areas, you agree to be bound by the terms and conditions of the Market Shares subscriber-only areas User Agreement, the Market Shares Privacy Statement and the Market Shares Alerts Policy.

If you do not agree with the terms and conditions of the User Agreement, you will not be provided access to Market Shares subscriber-only areas. Should you subscribe and cease to agree to the terms and conditions of the User Agreement, you agree to terminate the agreement.

Market Shares reserves the right to:

1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Market Shares shall not be liable to you for any such change or removal; and

2. change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. Market Shares will notify you in advance of a change.

Any notice or other communication in connection with these Terms are agreed to be given electronically if sent to the address most recently notified by the subscriber to Market Shares. The subscriber agrees that Market Shares will only send such communication to the email address you last entered in your subscription area of the website.

It will be deemed that electronic communications have been received upon delivery (and a delivery report received by Market Shares will be conclusive evidence of delivery even if the communication is not opened by you).

It will be deemed that electronic communications given to Market Shares will have been received upon being opened by Market Shares.

By completing the Market Shares Subscription Agreement, you become an authorised user (Subscriber) of Market Shares subscriber-only areas. Access to the Market Shares subscriber-only areas are included in your subscription and are for your individual use only. The subscriber-only areas include features on the Market Shares Website which require an account name and password to access as well as any email or messaging services provided by Market Shares. Under these terms you agree not to share your account name and password and agree not to forward any of Market Shares electronically published information or Alerts.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all use of your registration, whether or not authorised by you. You agree to immediately notify Market Shares of any unauthorised use of your registration or password.

This User Agreement governs your access to Market Shares subscriber-only areas and use of the information and documents you retrieve through Market Shares subscriber-only areas and is the entire agreement between you and Market Shares relating to Market Shares subscriber-only areas.

Market Shares reserves the right to terminate your Market Shares account if Market Shares discovers you have provided incomplete, inaccurate, false or misleading personal information.

It is your responsibility to ensure the accuracy of your personal information. You must ensure that any information you supply is correct prior to proceeding with a subscription. Market Shares is committed to demonstrating respect for your privacy rights and protecting your personal details the terms and conditions of which are detailed in Market Shares Privacy Statement. Market Shares does not accept responsibility, nor offer refunds, if your personal information is incorrect.

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Market Shares or otherwise used by Market Shares as permitted by law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service unless having been licensed to do so by Market Shares.

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. Apart from those areas specifically designed to allow you to print personal records, none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website or subscriber data feeds for personal, non-commercial use only.

Other trade marks may be displayed on this website from time to time and may belong to third parties. All trademarks and copyrights within the Website belong to their respective owners.

In respect to you as an individual Subscriber who requests Market Shares to publish strategy(ies), you will retain rights to your strategy(ies). You hereby grant to Market Shares a world-wide, exclusive, perpetual, irrevocable, royalty-free, licence to use the strategy(ies) you create and publish for lease for the purposes of promotion, advertising, production and sale of the Market Shares product and company in any media, be it currently known or unknown. Subject to you remaining a paid up Subscriber, Market Shares will always credit you, or your nominated alias, as the actual owner of the strategy(ies) you have created and never claim that we own the copyright.

If your account becomes terminated either by you or Market Shares, leased strategies remain available while existing subscribers remain and at your discretion availability may cease to be available to other subscribers.

Market Shares will retain ownership of any and all digital files created by Market Shares during the design, manufacture and distribution of your strategy(ies) in order to support lessees of your strategies.

Placing a limit on the number of subscribers who can access your strategy, will remain your right (subject to your currency of subscription), either at the time of presenting your strategy for publication or at a later time should you consider that the increasing number of subscribers may be detrimental to the performance of your strategy.

Your Buyer’s statutory rights as a consumer shall not be affected by these Terms and Conditions.

All contracts between you and Market Shares are covered by these Terms and Conditions and shall prevail over any other documentation or communication.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Market Shares.

All subscriptions for services (by which is meant data, strategies, facilities, material and products purchased from Market Shares) shall be deemed to be an offer by you to subscribe pursuant to these Terms and Conditions and are subject to acceptance by Market Shares. Market Shares may choose not to accept a subscription application for any reason.

The price of subscriptions shall be that stipulated in the Subscriber’s Rates (Rates) on the Subscriber page of the Market Shares Website.

Payment of the price (including GST) must be made in full before access of any services subscribed to is granted. Until termination of your account, Market Shares have ongoing rights to charge your stated credit card for subscription and services requested by you.

All prices on the Market Shares site are quoted in Australian dollars.

Market Shares reserves the right to adjust the Rates and specification of any item on the Website at its discretion.

Market Shares reserves the right to withdraw any services from the Website at any time.

Market Shares shall not be liable to anyone for withdrawing any Services from the Website or for refusing to process an order.

Market Shares warrants that the Services will at the time of publishing correspond to the description of available Services given by Market Shares in its promotional materials. Except to the extent of your consumer law rights, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Services, whether implied by Statute, common law or otherwise are excluded, and you are satisfied as to the suitability of the Services for your purpose.

Market Shares shall use its reasonable endeavours to meet any date agreed for delivery of Services. In any event time of delivery shall not be of the essence and Market Shares shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Market Shares shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances are outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage and Market Shares shall be entitled to a reasonable extension of its obligations.

No waiver by Market Shares (whether express or implied) in enforcing any of its rights under this Agreement shall prejudice Market Shares rights to do so in the future.

As a Subscriber you have the ability to lease strategies that have been created by other Lessors.

As a Subscriber you acknowledge that a strategy’s past performance does not determine its future performance and you acknowledge that Market Shares does not create, promote and distribute its own strategies.

Market Shares does not warrant the performance of any strategy.

As a Subscriber Market Shares provides you with the tools to develop your own strategy(ies). You may become a Lessor and allow other Subscribers access to selected strategy(ies). Alternately, you may choose to not allow any other Subscribers access to your strategy(ies).

Market Shares, at its discretion, may determine whether or not the elected strategy(ies) are listed for leasing by other subscribers. This decision is and remains exclusive to Market Shares.

Market Shares, at its discretion, reserves the right to determine the method of listing, naming convention and description of your elected strategy(ies).

If you wish to submit a strategy for consideration, and your strategy is selected for publication, you will be paid the amount of the Strategy Author Lease Fee stated in the Rates. The remaining amount of the Strategy Lease Fee stated in the Rates will be retained by Market Shares. You may set your own Rate (Strategy Lease Fee) for your strategy. Market Shares will handle all Subscription transactions that take place on the Website. Market Shares will store any money that you earn as a result of leasing your strategy(ies) through Market Shares. You will be able to monitor your earnings on the website. Amounts and payment methods will be in accordance with the Rates.

Market Shares reserves the right to impose a minimum and a maximum lease Rate.

You may terminate this Agreement and your access to Market Shares subscriber-only areas at any time by providing notice of termination to Market Shares by e-mail at Termination must be given in advance as stated in the Rates.

Market Shares may terminate the User Agreement and your access to Market Shares subscriber-only areas at its sole arbitrary discretion. Market Shares will give you online notice of termination if you commit a material breach of this Agreement or if Market Shares determines you are ineligible to use Market Shares subscriber-only areas. COPYRIGHT and DISCLAIMERS AND LIMITATION OF LIABILITY clauses shall survive any termination of this Agreement.

The Market Shares Website may include links to third party websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and you acknowledge and agree that Market Shares is not responsible for the content or availability of any such sites.

Through links provided by Market Shares to other sites, you may choose to order services, materials or merchandise from other parties not affiliated with Market Shares. Market Shares makes no warranties or representations whatsoever with regards to any goods or services provided by these links. You will not consider Market Shares nor will Market Shares be construed as a party to such transactions, whether or not Market Shares receive some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, ACCURACY, COMPLETENESS OR CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.

TO THE EXTENT PERMITTED BY LAW, Market Shares WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.

Market Shares MAKES NO WARRANTY THAT THE FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE.

NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF Market Shares FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF Market Shares OR THAT OF ITS EMPLOYEES OR AGENTS.

You agree to indemnify and hold Market Shares and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Market Shares arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or the content of your strategy.

For complaints about the Market Shares service please contact Market Shares shall endeavour to respond in a prompt fashion.

These Terms and Conditions shall be governed by and construed in accordance with the law of New South Wales and you hereby submit to the exclusive jurisdiction of the Australian courts.

This User Agreement will be governed by the laws of the State of New South Wales. If any provision of the Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the Agreement will not be affected.

Failure to enforce any provision of this User Agreement will not constitute a waiver of the right to later enforce it.