TERMS AND CONDITIONS

 

Discovery Alert Pty Ltd All Rights Reserved. (ACN: 652 299 306)

Discovery Alert Pty Ltd (CAR No. 001 303 958) is an Authorized Representative of ShareX Pty Ltd, Australian Financial Services License (AFSL) No. 519872

 

These Terms and Conditions are an agreement between you (“you”) and Discovery Alert Pty Ltd (“Discovery Alert”, “us”, or “we”), by which we provide you access to our Discovery Alert service (the “Service” and collectively, the “Services”), an online geological service which provides subscribers with alerts of potential mineral discoveries and provides analysis on ASX announcements. The subscription includes features such as, alerts, articles, analyst reports, audio, video content and other generally informative information related to the services on Discovery Alert’s website. By subscribing to and using the Service you are agreeing to be bound by all applicable terms and conditions.

 

Financial Services Guide

Prior to subscribing, please review our Financial Services Guide (FSG). By subscribing to and using the Service, you specifically acknowledge that you have received, read and understood our FSG.

 

Warning – General Advice Only

The Service provides investing commentary, geological interpretations, and general advice of publicly traded companies. As stated in our FSG, Discovery Alert provides only general financial advice. That is, the information contained in the Service has been prepared without taking your personal circumstances into account. You should therefore consider the appropriateness of the advice we provide in light of your own objectives, financial situation or needs before acting on any of our recommendations or interpretations. Before buying any of our recommendations, publications, alerts or interpretations, you should also review any product disclosure statement (PDS), prospectus, announcement or other disclosure document provided by the issuer. You may email your comments and questions about our coverage and our advisors will endeavour to respond to them directly to you via email or phone. Whether our response is via email or phone we will not (and cannot) address your specific investment situation and our comments will not constitute advice that a specific security, strategy or action is suitable for you. If you feel you need personalised advice, please consult your accountant or other finance professional or advisor.

You therefore agree that all commentary, statements of opinion, alerts, interpretations, publications and recommendations found in the Service and any related material as well as any communication from Discovery Alert to you (including but not limited to any emails, online platforms or social media platforms, discussion forums) is general advice only and we have not taken into account your personal objectives, financial situation or

circumstances when preparing or providing such information. You further agree that you bear all the responsibility for your own investment research and investment decisions and indemnify Discovery Alert from all liabilities or damages.

 

Discoveries Performance Schedule

The Services’ returns are hypothetical and based on the percentage change between the opening stock price of the day the discovery was announced and the peak or current price. Brokerage, taxes and any other associated costs are not taken into account.

Please remember that investments can go up and down. Past performance is not necessarily indicative of future returns. Performance figures are not intended to be a forecast and we do not guarantee the performance of, or returns on any investment.

 

Subscription, Payment; Automatic Renewal

The Service is available only by subscription, meaning that you sign up for a set term.

All Service fees are due in advance. Regardless of initial term, your subscription will automatically renew for one year terms, after the expiration of the initial term, until you notify us of your decision to terminate your membership. Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period. For information on the cost of the Service, please consult our FSG.

Prices published on discoveryalert.com.au are quoted in Australian dollars and are inclusive of GST and all other duties and taxes, as required by law. Discovery Alert cannot issue refunds or withhold from your subscription fee any amounts for GST. If you think you are entitled to a GST refund, please contact the Australian Tax Office. Discovery Alert reserves the right to increase the Service’s subscription fee or institute new charges upon reasonable notice.

 

Trial Periods and Cancellation

On occasion, the Service may provide a trial offer. Only one such trial may be taken per household and per email address at any given point in time. In addition, there is a limit of one trial per person and per email address in any six-month period unless otherwise stated in the offer. You will be charged up front for your membership, via the payment method you provide.

You may cancel your membership at any time by contacting [email protected]. If you cancel your subscription within 14 days of purchase or renewal, you will receive a full refund for the applicable term. Except as expressly stated in these terms, after this 14-day period, all fees are non-refundable except as required by Australian Consumer Protection statutes. Also, under our Anti Money Laundering procedures, Discovery Alert will not issue you a refund totaling more than $5,000 in any six-month period without additional verification as to your identity.

Please note, once a subscription is cancelled, you will no longer have access to any of our Content including without limitation past recommendations or analyst reports. You acknowledge and understand that any material you wish to retain must be downloaded or printed prior to termination of your subscription. Otherwise, you lose the right to do so. 

 

Access to the Service

If you are a first-time subscriber, you will need to provide Discovery Alert with your name, email address, and billing and shipping addresses.  You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. If any information you provide is inaccurate or not up-to-date, Discovery Alert reserves the right to cancel your subscription.

You will also be asked to create a password. You will need this password in order to access the Service. The Service should only be accessed by paid Discovery Alert members. Accordingly, you agree not to forward any Service-related Content to any third party without Discovery Alert written permission, Discovery Alert reserves the right to cancel your subscription without notice if it is suspected you are forwarding Content.

 

Disclaimer

The Service bases its recommendations and interpretations on techniques, information and sources believed to be reliable in the past and at the time of publication. However, Discovery Alert does not warrant the completeness or accuracy of the information presented. We make no promises that the Service will be delivered to you on an uninterrupted, timely, secure or error-free basis. To the maximum extent permitted by law, Discovery Alert, its affiliates and their respective directors, officers, contractors and employees disclaim any liability for any loss or damage arising from your use of, or reliance on the information provided. If the law prohibits this exclusion, Discovery Alert hereby limits its liability, to the extent permitted by law.

 

Modification or Discontinuation  

Discovery Alert reserves the right to modify, suspend, cancel, or discontinue all, or part of the Service. In the event we discontinue the Service, you agree that we may transfer your subscription to another Discovery Alert Service of equal or greater value. Of course, you may cancel your membership to the new Service at any time and receive a pro-rated refund for the remainder of your subscription term. Without limiting any of the foregoing, you agree that if this Service is discontinued, Discovery Alert’s only obligation to you is to provide you with a pro-rated refund, at your request.

 

Intellectual Property

Our Content is protected by Australian and international copyright, trademark and other intellectual property laws and is the property of Discovery Alert and/or providers of the Content under license. “Content” means any information, mode of expression, or other material found published by Discovery Alert including without limitation, our writings, graphics, alerts, recommendations, interpretations, advice, and all other features.

All Content is intended for individual, non-commercial use only. You may download or print one copy of any material.  Any other copying, distribution, storing, transmission or re-dissemination of any kind, is prohibited without Discovery Alert’s prior written permission.  Aside from opening yourself up to liability, distributing our Content to other sites and individuals is unfair to our members who pay good money to receive our Content. So please don’t do it.

 

Privacy

All personal data you provide to Discovery Alert is maintained in the United States of America. By subscribing and using the Service, you consent to our transferring and handling the data under the terms of our Privacy Policy, which is incorporated by reference. By using our website and providing us with any personal data, you consent to this transfer.

If you are using PayPal to pay for your subscription, PayPal is processing payment and we do not have access to your credit card information. Accordingly, you agree that Discovery Alert has no responsibility or liability for PayPal’s privacy practices.

 

Changes to these Terms and Conditions

We may change these terms at any time, but we will post a notice on the Service’s website of any material changes. Your continued use and access of the Service means that you accept any new or modified terms.

 

Accessing and Using DiscoveryAlert.com.au

Unauthorised access of our website is a breach of these Terms and Conditions. You agree not to access this website by any other means other than through the interfaces we provide for use. You further agree not to use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our website. You also agree not to take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts or damages the functioning of our systems or Services.

Discovery Alert reserves the right to take any necessary action in response to a violation of the above rules.

 

Commenting on our Publications

Discovery Alert champions active and open discussion among our subscribers. All we ask is that it is done in a lawful and civil manner. Accordingly, you agree to use Discovery Alert for lawful purposes only. You may not use the Discovery Alert research notes or alerts to:

• Post or transmit statements that are intentionally false or misleading, or use such statements to manipulate the market for any security, or engage in any type of market abuse;
• Offer, sell, or buy any security;
• Violate any applicable laws, rules or regulations, including those of the Australian Securities and Investments Commission and the national or other securities exchanges;
• Post or transmit any Content that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in nondisclosure agreements);
• Post, transmit, or link to sexually explicit material;
• Automatically forward any Discovery Alert Content;
• Post on any forum or online platform including social media a discovery alert made by Discovery Alert to subscribers within 24hrs of it being sent to subscribers;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
• Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes;

Discovery Alert may cancel your subscription at any time and without prior notice, or take any necessary action for violating the above provisions including cancel your subscription.

 

Disclaimer of Warranties and Liability

The Service bases its recommendations and interpretations on techniques, information and sources believed to be reliable in the past and at the time of publication. However, Discovery Alert does not warrant the completeness or accuracy of the information presented. We make no promises that the Service will be delivered to you on an uninterrupted, timely, secure or error-free basis. To the maximum extent permitted by law, Discovery Alert, its affiliates and their respective directors, officers, contractors and employees disclaim any liability for any loss or damage arising from your use of, or reliance on the information provided. If the law prohibits this exclusion, Discovery Alert hereby limits its liability, to the extent permitted by law.

Discovery Alert does not warrant the completeness or accuracy of the Content or its usefulness for any particular purpose. Discovery Alert makes no promises that our Content will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, except as otherwise may be required by law, we’re not making any promises or warranties except that we will use best endeavors to provide independent information, education, and recommendations. All information provided on this website to be used on an “as is, with all faults” basis.

To the fullest extent permitted by law, neither Discovery Alert nor its employees, officers, contractors, parent, affiliates, directors, or agents will be liable for any direct, indirect, incidental or any other type of loss or injury resulting from your use, interpretation, viewing or downloading of any Content. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by contingencies beyond our control in creating or delivering any portion of the website. If the law prohibits this exclusion, Discovery Alert hereby limits its liability, to the extent permitted by law.

ASX share price quotes are End of Day (EOD).

 

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Discovery Alert, its employees, contractors, parent, affiliates, directors and agents from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, legal fees) as a result of any violation by you of your obligations under these terms and conditions.

 

General Information

If any part of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Western Australia, Australia.

Tax

While some investment-related expenses may be tax deductible, we cannot provide specific tax advice. Whether or not you can claim a subscription to our platform as a tax deduction in your tax return depends on a few factors. In general, you may be able to claim a deduction for expenses related to earning your assessable investment income, provided that they are not private or domestic in nature. If you subscribe to our platform for the purpose of producing assessable income, you may be able to claim the cost of the subscription as a tax deduction. However, if the subscription is purely for personal interest or enjoyment, it would not be deductible. We recommend that you consult with a registered tax agent or the Australian Taxation Office to determine if your subscription to Discovery Alert are tax deductible in your individual tax situation.