Please read these terms and conditions carefully as they apply to your use of the Chant West AppleCheck product. By clicking the “agree & enter” button below or using any part of the Chant West AppleCheck product, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Chant West AppleCheck product.
In these terms and conditions, “we”, “us” and “our” means Chant West Pty Limited ABN 75 077 595 316 acting in its own capacity and not as agent for any third party.
Access to the Chant West AppleCheck product
You may only access the Chant West AppleCheck product where you have paid the applicable fees, as set out on our website. In addition, the Chant West AppleCheck product is only directed at Australian residents, and you may not use the Chant West AppleCheck product if you are not an Australian resident.
We may cease providing the Chant West AppleCheck product to you at any time if we reasonably believe that you have breached any of these terms and conditions.
Usage rights and restrictions
The Chant West AppleCheck product and any fund comparison reports that you produce as a result of using the Chant West AppleCheck product are subject to copyright and possibly other intellectual property rights.
You may use the Chant West AppleCheck product to produce fund comparison reports, and you may save and print a single copy of the resulting fund comparison reports, but only for your own personal, non-commercial purposes. You may not otherwise use the Chant West AppleCheck product or any fund comparison reports, and in particular (but without limiting the foregoing) you may not: (a) provide any fund comparison reports to any other person; (b) reproduce any part of a fund comparison report, for example by quoting parts of a fund comparison report; (c) modify any fund comparison report; or (d) use any fund comparison report in combination with other materials.
By using AppleCheck, you agree that before reading the report you will read the Financial Services Guide that has been given to you with the report.
Personal information
Your privacy is important to us. We may collect personal information about you when you use the Chant West AppleCheck product. Please see our
Privacy Policy for further information on what personal information we may collect and how we treat such personal information.
Important disclaimer and limitation of liability
The ratings contained in the Chant West AppleCheck product and the fund comparison reports are subjective ratings produced by us. Those ratings and other information contained in the Chant West AppleCheck product and the fund comparison reports have been prepared based on information (including historical financial performance information) supplied by third parties. While such information is believed to be accurate, we do not accept responsibility for any inaccuracy in such data. Past performance is not a reliable indicator of future performance. Nothing in the Chant West AppleCheck product or any fund comparison report is intended to constitute financial product advice. However to the extent that any information may be considered to be general financial product advice then we warn that: (a) the advice is general advice and we have not considered any of your individual objectives, financial situation or particular needs. If the report was produced partly in response to customisations applicable to you (for example, your age or gender), such customisations do not affect any opinions in the report produced because the opinions are limited to generic matters such as overall fund ratings. Any part of the product that is based on the personal circumstances of the user is factual information relating to the product only, such as fees or insurance premiums payable; (b) you need to consider whether the advice is appropriate in light of your goals, objectives and current situation; and (c) you should obtain a Product Disclosure Statement from the relevant fund provider before making any decision about whether to acquire a financial product from that fund provider. Chant West does not intend to influence you to make any decisions in relation to any particular financial product or class of financial products and should not be taken to have done so. Calculations are generated from product information, and personal information is not used to generate ratings opinions.
While we endeavour to provide a convenient and functional product and to ensure that the Chant West AppleCheck product and the fund comparison reports do not contain viruses or other harmful components, we cannot guarantee that your use of the Chant West AppleCheck product will be uninterrupted or error free, or that the Chant West AppleCheck product or the fund comparison reports will be free of viruses or other harmful components at all times. You must ensure that you adequately protect yourself and any of your equipment, software and data by taking appropriate steps such as using up-to-date anti-virus and firewall software.
To the maximum extent permitted by law, the Chant West AppleCheck product and the fund comparison reports are provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include the Trade Practices Act 1974 (Cth) and corresponding State or Territory legislation which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.
If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to our obligations under any implied conditions and warranties referred to above, our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute or on any other basis, is limited to A$100.
Changes to these terms
We may revise these terms and conditions from time to time. Please check for any changes to these terms and conditions each time you use the Chant West AppleCheck product.
General
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.