Terms of Service
Terms of Service
Last updated: November, 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.raskfinance.com website, www.raskmedia.com.au website and www.bestetfs.com.au website (collectively, the "Service" or "Websites") operated by The Rask Group Pty Ltd (ACN: 622 810 995) ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and forms a binding contractual agreement between you and us. These Terms apply to all visitors, users and others who access or use the Service and our Subscription Services, such as the member-only information provided by Rask Invest.
You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We may take editorial breaks throughout the year, at which time no material will be published by us. We will provide you with notice of upcoming editorial breaks.
1. Our Service Contains FACTUAL INFORMATION ONLY
The Rask Group Pty Ltd (ACN: 622 810 995) provides FACTUAL INFORMATION ONLY.
The Rask Group does not hold an Australian Financial Services (AFS) licence pursuant to Regulatory Guide 36, issued by the Australian Securities & Investment Commission (ASIC), ‘Licensing: Financial product advice and dealing‘, Section RG36.43, ‘Exemptions under 911A(2)‘. In (d) it advises that an AFS licence is not required where “you provide general advice by publishing a newspaper or periodical that is generally available to the public (otherwise than only on subscription) and where the sole or principal purpose of the newspaper or periodical is not the provision of financial product advice”. In (e), the exemption covers “general advice in transmissions made by means of an information service where the transmissions are generally available to the public”.
You acknowledge that the information provided as part of our Service is general information only and should not be considered personal financial advice or general financial advice. Anyone seeking to rely on our Service should seek their own investment, legal, financial and taxation advice.
If we happen to publish advice of any kind (for example, from a third party who is authorised to offer advice) our Service will include General Financial Advice only. That means, the advice does not take into account your objectives, financial situation or needs. Because of that, you should consider if the advice is appropriate to you and your needs, before acting on the information. In addition, you should obtain and read the product disclosure statement (PDS) before making a decision to acquire a financial product. If you don't know what your needs are, you should consult a trusted and licensed financial adviser who can provide you with personal financial product advice.
We can not guarantee the accuracy of the information on the Websites, including information provided by contributors or third parties. You acknowledge and accept sole responsibility associated with the use of the information and material as part of our Service. We strongly suggest you seek the advice of a trusted and licensed financial adviser before acting upon any recommendation or information on our Websites.
Our Service may include references to the performance history of financial products. Past performance is not indicative of future performance. The Rask Group Pty Ltd and its contributors are not responsible for any action taken on the basis of information in our Service, nor for any errors or omissions.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
2. Limitation of Liability
You acknowledge that we will not be liable to you or your associates agents for any liability, claim, direct or indirect loss or lost opportunity or any other detriment suffered because of or in connection with your use, or reliance upon:
- the information or advice provided as part of the Service or any other information accessed in connection with the Service or social media;
- your use, or reliance upon, the information in any external website, including a website which is referred to by a hyperlink from the Service;
- you making an investment or dealing in a financial product;
- the failure or poor performance of any investment or financial product;
- the failure of any investment or financial product to meet your expectations;
- any variance from any projections, or statements of future events, made
by us in relation to any financial or other product;
- any defects, misrepresentations made by third-parties or any other
shortcomings in relation to any financial or other product you purchase
which was recommended by us
- any failure of our systems, including information technology and business systems;
- any advice, recommendations, representations or statements made by us or any other party in connection with the Service or our social media accounts; and
- any services provided by, or representations or statements of opinions made by, a third-party, whether or not the third-party was recommended or engaged by us.
You acknowledge and agree that term “2. Limitation of Liability” is an essential element of these Terms and a reasonable allocation of risk between you and us.
3. Warrantees and Acknowledgements
You acknowledge and agree that:
- The Service will not operate on a continuous basis, and may be unavailable from time to time including for maintenance or to uphold the security of our Service;
- We reserve the right to alter, amend or cease the operation of the Service at its discretion without any notice;
- Information and materials in the Service may contain inaccuracies and errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
- the Service is designed to be educational and informative – We do not intend for the Service to influence your decision about any financial or other product and no such intention should be inferred;
- if anyone on our platform provide you with general financial product advice:
- The advice does not take into account your objectives, financial situation or needs.
- You will consider if the advice is appropriate to you and your needs, before acting on the information.
- You will obtain and read the product disclosure statement (PDS) before making a decision to acquire a financial product.
- If you don't know what your needs are, you should consult a trusted and licensed financial adviser who can provide you with personal financial product advice.
- In the event that you provide us with information about your objectives, financial situation or needs, we will not take them into account in the preparation or giving of any financial product advice and so the advice will remain general financial product advice;
- We will not, at any time, assess whether a financial or other product is appropriate or not appropriate to you, your financial needs or your personal circumstances;
- We make no promises or provide any guarantees regarding the investment performance or repayment of capital for any financial product referred to or named in the Service;
- Most financial products will come with some measure of volatility and investment risk including loss of income or capital invested as well as potential delays in transactions being processed or switched;
- We are not qualified to provide, and will not provide you with, credit assistance and any advice provided by us is not intended to and does not constitute credit assistance of any kind;
- You must independently assess the quality and adequacy of any third-party which we refer you to;
- All referrals to third-parties in the Service is a mere referral meaning that we do not make any representations as to the quality of that third-party and does not endorse those services; and
- The Service is for use by Australian residents.
You represent and warrant to us that you:
- Will be solely responsible for all your activities by accessing and using the Service;
- Are over the age of 18 and have the legal capacity to enter these terms and conditions;
- Will keep all passwords, account names, and log in identifiers required to access the Service secure and confidential and if you become aware that unauthorised use of your password has or may have taken place you will change your password immediately and report it to us;
- Will not use the Service in any way that causes, or is likely to cause, the Service or access to them to be interrupted, damaged or impaired in any way;
- Will not use any part of the Service that you are not authorised to use or devise ways to circumvent security to access the Service;
- Will not use or attempt to use the Service for any unlawful, criminal or negligent purposes – this includes, but is not limited to, breaking passwords, social engineering, denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, and spreading computer viruses and invading privacy.
Personal Use Only
Our Services are for personal use only, unless we otherwise agree in writing. That means, you must not share access to the Service with other people or redistribute content of the Service by any other means.
Grant Of Licence
We grant you a revocable, non-exclusive, non-transferable licence to use our Service. This grant of licence includes all new material and amended material contained in the Service. Unless otherwise provided by these Terms, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer or translate the content contained in the Service or otherwise attempt to create material that is derived from the content of the Service. Upon expiration or termination of the Service, this licence terminates and you will immediately cease all use of the Service.
4. Account Information
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
5. Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of The Rask Group Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australian and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Rask Group Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
No part of our Service may be reproduced, adapted or uploaded in any way without our written permission. However, you may link to our Service and may access and use the Service, including incidental copying that occurs as part of that use, in a normal manner.
All complaints will be handled in accordance with our complaints handling process. We take complaints very seriously and handle them with the utmost respect. If you would like to offer us feedback, make a complaint or learn more about our complaints process please use the 'contact us' pages available on any of our websites.
8. Contact Us
If you have any questions about these Terms, please contact us by visiting our 'Contact Us' page on our Websites. Alternatively, you can email us: [email protected]
In these Terms of Service, unless the context otherwise requires:
Service means information that is contained on our Websites or distributed by us via electronic means such as social media (Facebook, Twitter, etc.), audio recording (e.g. podcasts), email or video.
Terms means this document titled Terms of Service.
You or Your means a user of our Service or Websites.
Business Day means a day other than Saturday, Sunday, a public or bank holiday in the state of Victoria, Australia.