Last updated: June 2023 

These terms and conditions govern your use of the SmartChart Pty Ltd website located at http://www.smartcharts.net (the “Website”) and any other sub-domains (unless expressly excluded by their own terms and conditions. This documents is a legal agreement between you, the user of the Website and SmartCharts Ltd, the owner and operator of this Website. 

Please read these terms and conditions carefully, as they affect your legal rights. 

By using our Website, you confirm that you accept these terms and condition and you agree to comply with and be bound by these terms and conditions If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. 

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by SmartCharts Pty Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to SmartCharts Pty Ltd and accessing the Website in connection with the provision of such services. 

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions you warrant that you are at least 18 years of age. 

You understand and agree that we may add to or change these terms and conditions at any time. New terms and conditions are effective immediately upon posting to the Website. Your continued use of the Website shall constitute on-going acceptance of these terms and conditions, as updated from time-to-time. Please check this page regularly. 

1. All Content included on the Website is the property of SmartCharts Pty Ltd, our affiliates or other relevant third parties. In these terms and conditions, "Content" means all content, information and material, including any software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, games, underlying code, software data compilations, page layout and all audio visual or other material available on or through the Website, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties. 

2. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. 

3. You may retrieve, display and view the Content of the Website for your own personal, non-commercial use only. 

4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of SmartCharts Pty Ltd. 

5. No right, title or interest in any of the Content on our Website is transferred to you as a result of your use. 

6. Any Content on our Website is provided for general information only, without warranty of any kind, including as to accuracy, completeness, satisfactory quality or fitness for purpose. It is not intended to be relied on for any decision including any trades that you may make. Any reliance you place is entirely at your own risk. 

7. You may not use the Website for any of the following purposes: 

a. to reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the Website except and then solely to the extent permitted under applicable law; 

b. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; 

c. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order or prohibited by these terms and conditions; or 

d. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner. 

Links to other websites 

8. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SmartCharts Pty Ltd or that of our affiliates. 

9. We assume no control or responsibility for the content of such sites and accept no liability for any and all forms of loss or damage that may arise from your use of these third party sites or links. 

10. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. 

Privacy Policy and Cookies Policy
 

11. For further information in relation to your personal data please review our Privacy Policy and Cookies Policy, available at www.smartchartsfx.com/privacy-policy and www.smartchartsfx.com/cookies-policy, which are incorporated into these terms and conditions by reference and are binding on you. 

12. Any online facilities, tools, services or information that SmartCharts Pty Ltd makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and/or satisfactory quality. SmartCharts Pty Ltd is under no obligation to update information on the Website. 

13. You acknowledge that the Content on the Website may contain inaccuracies or errors and by using our Website and any Content therein you assume all risk of loss that may arise or be associated with your use. 

14. Whilst SmartCharts Pty Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that their personal details and their computers. 

15. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our Website in any way, including without limitation, through the use of any malicious, unauthorised or technically harmful code, virus, worm, Trojan horse, malware, logic bombs or program. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Website or any information contained therein, without our prior express written consent. 

16. SmartCharts Pty Ltd accepts no liability for any disruption or non-availability of the Website. 

17. SmartCharts Pty Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to any products and or Services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. 

18. You expressly acknowledge and agree that your use of the Website or Services is at your sole risk and that to the fullest extent permitted by applicable law, the entire risk as to satisfactory quality, performance, accuracy and effort is with you. 

Limitation of Liability
 

19. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. 

20. To the extent that the Website and content are provided free of charge, we will not be liable to you for any loss or damage of any kind. 

21. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. 

22. To the maximum extent permitted by applicable law, whether in contract, tort (including negligence), breach of statutory duty of otherwise, even if foreseeable, SmartCharts Ltd accepts no liability for any of the following; 

a. any business losses, loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, reputation or commercial opportunities; 

b. loss or corruption of any data, database or software; or 

c. any special, indirect or consequential loss or damage. 

23. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected. 

24. If any term of these terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the terms and conditions will continue to be enforceable. 

25. Any rights not expressly granted herein are reserved by SmartCharts Pty Ltd. 

26. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions. 

27. The contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provisions of these terms and conditions. 

28. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected. 

29. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. 

30. These terms and conditions, their subject matter, their formation and any claims arising out of or in connection with these terms and conditions shall be governed by and interpreted according to the law of Australia. To the fullest extent permitted by applicable law, the courts of Australia will have exclusive jurisdiction in connection with these terms and conditions and your access to and use of our Website and Services (including any claims or disputes). 

SmartCharts Ltd details
 

31. SmartCharts Pty Ltd is a company incorporated in Australia, Registered Address; 1275 141 Walker Street North Sydney NSW 2060. The Website www.SmartCharts.net is operated by SmartCharts Pty Ltd. You can contact SmartCharts Pty Ltd by email at info@smartchartsfx.com.