1.1 Welcome to www.harbour-reach.com.au (‘Website‘). The Website provides investment research and information .
1.2 The Website is operated by Harbour Reach Investment Consulting Pty Ltd (“Harbour Reach”). (ABN 55 627 559 317) . Access to and use of the Website, or any of its associated Products or Services, is provided by Harbour Reach. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Harbour Reach reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Harbour Reach updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Harbour Reach in the user interface.
By clicking to accept or agree to the Terms where this option is made available to you by Harbour Reach in the user interface, or by remaining on the website, you certify and represent that you are a “wholesale client” within the meaning of section 761G of the Corporations Act.
4.1 The Website, the content and all of the related products of Harbour Reach are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Harbour Reach or its contributors.
4.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Harbour Reach, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Harbour Reach does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Harbour Reach.
4.3. Harbour Reach retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
4.4 You may not, without the prior written permission of Harbour Reach and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2 Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Harbour Reach will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3 Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Harbour Reach make any express or implied representation or warranty about the content or any products or content (including the products or content of Harbour Reach) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Harbour Reach; and
(d) the content or operation in respect to links which are provided for your convenience.
6.4 Harbour reach makes no representation, undertaking or warranty that the information or opinions contained on this website are accurate, reliable or complete. Dated content available on this website, including, without limitation, any information, data, tools, products, services and other content available on or through the website speaks only as of the date indicated.
6.5 The information contained on this website should not to be considered advice i.e. Harbour Reach is not providing any general or personal advice regarding any potential investment in any financial products within the meaning of section 766B of the Corporations Act. Nothing on the website should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any financial product or to engage in any other transaction. No consideration has been made of any person’s investment objectives, financial situation and/or needs. Statements contained on this website should not be considered as a recommendation in relation to an investment or that an investment is a suitable investment for any specific person. Investors should make their own enquiries and should seek all necessary financial, legal, tax and investment advice prior to making any decision to acquire or dispose of any financial product and should read the relevant product disclosure statement. You should not act or fail to act on the basis of information appearing on this website without first seeking advice appropriate to your circumstances.
7.1 Harbour Reach, its affiliates and their respective employees, officers, directors, suppliers, agents and/consultants do not accept any liability for the results of any actions taken or not taken on the basis of information contained on this website, or for any negligent misstatements, errors or omissions.
7.2 You expressly understand and agree that Harbour Reach, its affiliates and their respective employees, officers, directors, suppliers, agents and/consultants shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3 Harbour Reach’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
7.4 This website may contain links to websites prepared by people who are not Harbour Reach employees or representatives. Such information is provided for your interest and convenience only. Harbour Reach has not independently verified (and to the extent permitted by law disclaim all liability for) its accuracy or completeness and it does not constitute our recommendation or opinion.
8.1 If you want to terminate the Terms, you may do so by providing Harbour Reach with 90 days’ notice of your intention to terminate by sending notice of your intention to terminate to Harbour Reach via the ‘Contact Us’ link on our homepage.
8.2 Harbour Reach may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Harbour Reach is required to do so by law;
(c) Harbour Reach is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Harbour Reach, is in the opinion of Harbour Reach, no longer commercially viable.
8.3 Subject to local applicable laws, Harbour Reach reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Harbour Reach’s name or reputation or violates the rights of those of another party.
8.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Harbour Reach have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9.1 You agree to indemnify Harbour Reach, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
10.5 Termination of Mediation:
If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Harbour Reach is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.