These Terms & Conditions form the basis of the commercial agreement between purchaser (“Customer”) and Political Monitor Pty Ltd (“Seller”) for access to the Seller's subscription service (“Information”) provided by Seller to the Customer.
The Customer understands and agrees that Seller Information is a statement of the opinions of Seller at the date of writing and do not constitute a recommendation to buy or sell any security or asset; or invest in or divest itself of any stake in any industry and / or business.
Customer agrees that all Information that Seller furnishes to Customer pursuant to this Agreement will be used solely as one factor in Customer’s commercial decision-making processes. Customer also agrees that the Information will not be used to engage in unfair or deceptive practices.
Information ordered by Customer pursuant to this Agreement will be at the prices advertised on the Seller website at time of purchase and displayed in the website’s checkout page prior to Customer completing purchase. Customer authorizes Seller to charge Customer's credit card number, details of which are provided by Customer, with the total price indicated for Information ordered by Customer. Customer acknowledges that all Information forms part of a subscription package and that such packages are annual plans with monthly payment schedules. Subscriptions are recurring until such time as the Customer cancels by advising email@example.com. Customer acknowledges that a minimum of two months notice is required to cancel a subscription.
All Information is licensed to Customer and Seller retains all ownership rights in the Information and Customer obtains only such rights as this Agreement explicitly grants. This Agreement grants Customer a non-exclusive, non- transferable license to use the Information in its business subject to the limitations contained herein.
Customer agrees that the Information will not be reproduced, revealed, amended or made available to anyone else, it being understood that the Information is licensed for Customer's internal use only. All Information shall be held in strict confidence and shall not be revealed or disclosed to any third party. Customer agrees to indemnify, defend and hold harmless Seller from any claim or cause of action against Seller arising out of or relating to use of the Information by individuals or entities which have not been authorized by this Agreement to have access to and/or use the Information.
Customer acknowledges that Seller does not warrant or guarantee the timeliness, currentness, accuracy, completeness, merchantability or fitness for a particular purpose of the Information. Customer also acknowledges that every business decision involves the assumption of a risk and that Seller, in furnishing the Information to Customer, does not and will not underwrite that risk, in any manner whatsoever. Customer therefore agrees that Seller will not be liable for any loss, damage or injury caused in whole or in part by Seller negligence in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the information.
Customer agrees that Seller will never be liable for consequential damages, even if advised of their possibility. Customer also agrees that Seller liability of any and all losses, damages or injuries which Customer may suffer or incur arising out of any acts or omissions of Seller in connection with anything to be done or furnished hereunder, regardless of the cause of the loss, damage or injury and regardless of the nature of the legal right claimed to have been violated, shall never exceed the cost to the Customer of the Information at time of purchase and Customer covenants and promises that it will not sue Seller for a greater amount.
Customer acknowledges and agrees that the copyright to the Information is and shall remain with Seller. Customer further acknowledges that the Information, regardless of form or format, is proprietary to Seller and comprises: (a) works of original authorship, including compiled information containing Seller selection, arrangement and coordination and expression of such Information or pre- existing material it has created, gathered or assembled; (b) confidential or trade secret information; and (c) information that has been created, developed and maintained by Seller at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Seller. Customer shall not commit or permit any act or omission by its agents, employees or any third party that would impair Seller proprietary and intellectual property rights in the Information. Customer agrees to notify Seller immediately upon obtaining any information regarding a threatened or actual infringement of Seller rights.
Any Passwords/user IDs issued by Seller to Customers are single user-dedicated and may ONLY be used by the individual to whom they have been assigned. No sharing of passwords/user IDs and no simultaneous access via the same password/user ID is permitted.
These Terms of Agreement constitute the entire agreement between Customer and Seller concerning the subject matter herein and shall be governed by and construed in accordance with the laws of the State of Victoria. If any term of this Agreement conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation shall prevail. These Terms of Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.