Please read these terms and conditions carefully as they apply to your use of those parts of this website that are accessible by the general public and which do not require a specific user name and password to access (our “Public Website”). By using any part of our Public Website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use our Public Website.
In these terms and conditions, "we", "us" and "our" means Chant West Pty Limited ABN 75 077 595 316.
Access to our Public Website
Our Public Website is only directed at Australian residents, and you may not use our Public Website if you are not an Australian resident.
Usage rights and restrictions
Our Public Website, including any information that you can access via our Public Website (such as articles, analysis and reports), (“Website Content”) is subject to copyright and possibly other intellectual property rights. Unless otherwise stated you may only use the Website Content for your own personal, non-commercial purposes, and may not otherwise use the Website Content. In particular (but without limiting the foregoing) unless otherwise stated you may not: (i) provide any Website Content to any other person; (ii) reproduce any Website Content other than as part of the technical process of viewing that information on your computer, for example by quoting parts of the Website Content; (iii) modify any Website Content; or (iv) use any Website Content in combination with other materials.
Returns and refunds
You may only return or request a refund of a report produced by you using the Chant West AppleCheck product where you have a right to do so under applicable law, such as the Australian Consumer Law. You should take care in selecting the products and funds to be compared in any AppleCheck report you produce, as we do not provide refunds if you change your mind.
Important disclaimer and limitation of liability
Certain Website Content may contain additional disclaimers and legal terms. Those other disclaimers and legal terms will apply in addition to the following terms and conditions.
Any ratings contained in the Website Content are subjective ratings produced by us. The Website Content has 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 Website Content is intended to constitute financial product advice. However to the extent that any information may be considered to be general financial product advice then you acknowledge that we have provided you with a Financial Services Guide and we warn that: (a) the advice is general advice and we have not considered any of your individual objectives, financial situation or particular needs; (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.
While we endeavour to provide a convenient and functional Public Website and to ensure that our Public Website does not contain viruses or other harmful components, we cannot guarantee that your use of our Public Website will be uninterrupted or error free, or that our Public Website 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 Website Content is provided to you “as is” and “as available” without warranty, condition or guarantee of any kind, including but not limited to any guarantees or implied conditions or warranties of merchantability or acceptable quality, 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 right or remedy, or any condition, warranty, guarantee or other provision, implied or imposed in relation to these terms and conditions or their subject matter which cannot lawfully be excluded, restricted or modified. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any condition, warranty, guarantee or other provision is implied or imposed in relation to these terms and conditions or their subject matter and cannot be excluded (“Non-Excludable Terms”), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach 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 Non Excludable Terms, 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.
Linking to our Public Website
You may provide a hyperlink to the home page (www.chantwest.com.au) of our Public Website. You may not provide a hyperlink to any other part of our Public Website without our express written consent. You may not use the Chant West logo or any other trademark used by us (whether registered or not) as part of any such hyperlink without our express written consent.
Links to third party websites
Chant West has not reviewed any third party website linked to or from any part of our Public Website. Chant West is not responsible for any content found on any such third party website.
Changes to these terms
We may revise these terms and conditions from time to time by updating this page. We will endeavour to notify you of any such changes by placing a notice on our Public Website for a reasonable time after the revisions have occurred. Please check for any such notices, or if it has been a while since you have visited our Public Website please check for changes to these terms and conditions when you use our Public Website again.
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.
Our contact details are:
47 Albion Street Surry Hills
Sydney NSW 2010 Australia