Disclaimer & Terms of Use

Last updated: 27 May 2019

Welcome to Sustainable Platform.

If you continue to browse and use this website (the Website), you are agreeing to comply with and be bound by the following Disclaimer & Terms of Use, which together with our Privacy Policy govern Sustainable Platform’s relationship with you on the Website. Please read these documents carefully.

The Website has been prepared for general informational purposes only and is not an offer to sell or solicitation to buy any financial product. The Website includes SustainablePlatform.com and related web sites.

Disclaimer

Sustainable Platform Pty Ltd (ACN 623 147 759) (Sustainable Platform) is a publisher of company sustainability information. The information provided is factual information and is not intended to be used for either general or personal financial advice. Sustainable Platform does not take into account your personal investment objectives, financial situation or investment needs. We make no representation and give no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to investors. Under no circumstances should investments be based solely on the information provided from or in the Website, Reports or Sustainable Platform.

By utilizing the Sustainable Platform, you acknowledge that you yourself have chosen the company or portfolio of companies, that we are giving factual information only and that the information is not intended to imply any recommendation or opinion about a financial product. Sustainable Platform is not meant as a general or personal guide to investing, or as a source of information for investment recommendations, and we make no implied or express recommendations concerning the manner in which any clients accounts should or would be handled. Under no circumstances is the Sustainable Platform to be considered as an offer to sell or a solicitation to buy any financial product, including in relation to any companies identified on the website.

Furthermore, you agree that you will not base any investment decision wholly upon the Sustainable Platform and you will not publish or announce publicly or privately (including via email or social media platforms) that an investment decision or decisions in relation to any companies or funds have been made based on the Sustainable Platform or information contained therein.

The Sustainable Platform come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

While the information contained within the Sustainable Platform is from sources believed to be reliable, we do not represent that it is complete and it should not be relied upon as such. Sustainable Platform does not warrant, guarantee, or provide any advice or information regarding a company's stock market or other financial performance or ability to return money to investors.

The Sustainable Platform is designed for institutional investors. You should not buy or sell a stock without first consulting your financial adviser or considering whether it is appropriate for you and your respective portfolios.

Certain information in our Reports presented may be provided by third parties and no warranty or guarantee is provided for the accuracy of information. Nothing on the Sustainable Platform should be interpreted to state or imply that past results are an indication of future sustainability or financial performance.

Terms of Use

1. Users of Website, Goods and Services:

   You must be 18 or older, or of the legal age in your jurisdiction to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to engage Sustainable Platform’s services. By using the Website or our goods or services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions. This website is administered in Australia and intended for Australian users; any use outside of Australia is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Website.

2. Australian Consumer Law:

   Sustainable Platform complies with Australian Consumer Law. We must provide you with goods and services that are an acceptable quality, fit for their disclosed purpose, provided with due care and skill and within a reasonable time. Our liabilities are limited with regards to the ability to seek repair, replacement and refund for our goods and services, as set out below.

3. Disclaimer of Warranties:

   All content shown on the site is provided in good faith and derived from information believed to be accurate at the time of publication. Neither Sustainable Platform, its Directors, officers or any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

   Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. Services and Content are provided to you "as is", and Sustainable Platform expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. It shall be your own responsibility to ensure that any information available through this website meets your specific requirements. Sustainable Platform makes no warranty, either implied or express, that any part of the use of Sustain Platform's Website, goods and services will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that Sustainable Platform does not provides general or personal advice of any kind and that any information obtained via the Website may be used solely at your own risk, and that Sustainable Platform will not be held liable in any way.

   Sustainable Platform does not recommend and does not provide endorsement for, any portfolios or products created using, or fund or asset managers that use the Sustainable Platform.

   Subscribers to the Sustainable Platform must not suggest or state that Sustainable Platform endorses any products, portfolios or stocks analysed.

4. Limitation of Liability:

   You expressly understand and agree that Sustainable Platform will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages suffered by you, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible assets (even where Sustainable Platform has been advised of the possibility of such damages), resulting from:

   1. the use of Services or the inability to use Services;
   2. the cost of obtaining substitute goods and/or services resulting from any transaction entered into on/through Services;
   3. unauthorized access to or alteration of your data transmissions;
   4. statements by any third party or conduct of any third party using Services; or
   5. any other matter relating to Services.

   This applies except for damages resulting from our gross negligence or wilful misconduct. Notwithstanding, nothing in these Terms of Use shall constitute a waiver or limitation of your rights under any federal or state securities or consumer laws.

5. Repair and Refund Policy:

   Sustainable Platform aims to deliver all goods and services electronically via subscription to the Sustainable Platform or to your nominated email address within 7 days. You may cancel your order within 24 hours of purchase by emailing info@sustainableplatform.com. In the case of a faulty or damaged product, you may be entitled to have it repaired or replaced. To make a request for repair or replacement, please contact info@sustainableplatform.com. We do not provide refunds. We reserve the right to an opportunity to fix technical issues prior to considering a repair or replacement.

6. Third Party Sites:

   From time to time, this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of linked website(s).

   Sustainable Platform is not responsible for the products and services offered by or on third-party sites. Sustainable Platform makes no warranty, either implied or express, that any part of the use of third-party websites will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.

7. Future Performance:

   Sustainable Platform cannot and does not guarantee the future performance of your portfolio or the securities on which we provide information. Performance graphs, sustainability information including company sales data, and other historical information are not a guarantee of future financial or sustainability performance, and the future performance of a portfolio or security may differ from its past performance. We have not taken into account survivorship bias into our charts or analysis.

8. Reservation of Rights:

   Sustainable Platform reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Sustainable Platform may have in respect to the Website, its content, and goods and services that may be provided in association with it. The use of any of Sustainable Platform’s rights and property herein requires Sustainable Platform’s prior written consent. By making the Website, goods and services available to you, Sustainable Platform is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website, goods or services without Sustainable Platform’s prior written consent. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

9. Copyright Protection:

   This website contains materials which are owned by or licensed to us. This material includes, but is not limited to, the design, layout, icons, look, appearance and graphics. Reproduction is strictly prohibited. Both the Website and the Reports are protected by Copyright and except where such use constitutes fair dealing under intellectual property law, you must not use, copy, reproduce, reverse engineer, publish, store, alter or transmit any part of the contents of this website. Nothing contained on the website or reports should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All rights not expressly granted to you under these Terms of Use are reserved by Sustainable Platform. It is our policy to block access to or remove material that we believe in good faith to be copyrighted material, and to remove and discontinue service to repeat offenders.

10. Your Information:

    We may use personal information about you to improve our marketing and promotional efforts, to analyse website usage, to improve our content and product offerings and customize our website's content, layout and services. These uses improve our site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safer and customized experience while using our services.

    We may use your contact information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the Website. By using the Website or submitting information to Sustainable Platform, and agreeing to our Privacy Policy, you expressly agree to receive this information. You may make changes to your communication preferences at any time by letting us know at info@sustainableplatform.com.

    By using the Website, you agree to provide true, accurate, current and complete information about your company and yourself. Any personal information collected by Sustainable Platform through the Website, or otherwise collected by or on behalf of Sustainable Platform, will be dealt with in accordance with the Privacy Policy.

    You must not use the Website to collect any personal information on other individuals or to upload personal information of other individuals; or for any unlawful purpose.

    You are responsible for the security of your personal information. Please notify Sustainable Platform at info@sustainableplatform.com immediately if you suffer any unauthorized access that may relate to Sustainable Platform.

11. User Obligation:

    You must not violate or attempt to violate the security of the Website. You must not hack into the Website, Sustainable Platform’s computer systems or the computer systems of other users of the Website. You must not use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law. If you breach these Terms, Sustainable Platform may (at its option, and without limiting the remedies available to Sustainable Platform in any way) terminate its agreement with you or bar you from accessing the Website on a temporary or permanent basis.

    You agree to fully compensate Sustainable Platform and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:

    1. Your material breach of these Terms;
    2. Any misuse or use of Sustainable Platform content in breach of these Terms; and
    3. Any act of fraud or wilful misconduct by or on behalf of you.

    The obligations to compensate for losses incurred by Sustainable Platform and its officers, employees and agents in these Terms are continuing obligations of the parties, separate and independent from their other obligations and survive termination of these Terms and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.

12. Assignment and Updating:

    We may provide you with notices in connection with these Terms of Use by posting such notices on the Website or, where appropriate, by email or mail if you have provided contact details for that purpose. Sustainable Platform may amend these Terms of Use from time to time.

    Sustainable Platform may assign these Terms of Use provided that the relevant assignee undertakes to perform all of Sustainable Platform’s obligations herein.

    These Terms of Use are governed by the laws of Western Australia.

If you have any concerns about material which appears on the Website, the Disclaimer, the Terms of Use or any other queries, please contact info@sustainableplatform.com.