This is a contract between you (“you”) the subscriber and Pythagoras Investment Timing Index Pty Ltd.
ABN 88 147 371 113
PO Box 85, Mount Eliza, VIC, 3930
Phone (03) 9787 9036
Version: 1 February 2021
Michael Dee (Director)
Authorised for distribution by Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus.
This is a contract between you (“you”) the user and Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus. Please read these terms carefully. The “App” provides general advice recommendations regarding securities is known as Stock Nostradamus by Pythagoras Investing (“Service”). By and upon purchasing a recommendation or subscribing to the Service you are deemed to accept the terms set out below. These terms should be read in conjunction with the Financial Services Guide issued by Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus. If you do not accept the terms and conditions of this Agreement, then you must not subscribe to the Service and must immediately exit this App and site.
Each subscriber is granted access to the “App” on good faith whilst their payments are up-to-date however Pythagoras Investing reserves the right to render invalid any subscription where an officer believes a member in breach of the Terms and Conditions.
TERMS & CONDITIONS
In this Agreement, the following terms have the following meanings:-
- Pythagoras Means: Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus ABN 88 147 371 113, Corporate Authorised Representative of AFSL 431 288 and includes (without limitation) all of the directors, shareholders, employees and agents of that company.
- Confidential Information. Means all trade secrets, ideas, knowhow, concepts and information whether in writing or otherwise relating in any way to the Service, and the information provided by or associated with the Service.
- Copyright & Disclaimer Notice. Means the copyright and disclaimer notice provided which is set out at the end of these terms.
- Intellectual Property Rights. Means any and all intellectual and industrial protection rights throughout the world in respect of the Service, the Manuals and the underlining materials including rights in respect of or in connection with:-
- Any Confidential Information; and
- Copyright (including future copyright and rights in the nature of or analogist to copyright), whether or not now existing, and whether or not registered or registrable and includes any right to apply for the registration of such rights, and includes all renewals and extensions.
- Means the website www.stocknostradamus.com.au and/or any other website from which the Service is generated or with which the Service is associated.
- Means the ending of this Agreement, whether by expiration of the term of this Agreement, or by way of the operation of Clause 10.
- Underlying Materials. Means all material embodied in the Service and Manuals, including but not limited to sound recording, musical works, literary works (including software), artistic works, patents, designs and Trademarks.
Upon paying for a recommendation or subscribing to the Service, Pythagoras grants you a single user, non-exclusive, non-transferable licence (“Licence”) to use the Service for the term of the recommendation or subscription.
- Service personal to subscriber
Only you are permitted to use the Service. It must not be used by any person other than you.
- Restrictions of Use
You must not, nor attempt to:-
- Copy or reproduce part or all of the Service; or
- Copy, modify, adapt or reproduce part or all of the Manuals;
- Use the information provided by the Service other than as permitted or directed by Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus;
- Disclose your user name and password to any other person;
- Link the Site to any other site without Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus prior written consent;
- Loan, lend, lease or transfer the Service or any information provided by the Service to any person; or
- Allow any third party to do any of the acts referred to above.
- Intellectual Property Rights
The Service and the App are owned by Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus retains all of the Intellectual Property Rights. These terms do not grant you any rights in respect of the Intellectual Property Rights. You must not do, or permit the doing of, any act which infringes the Intellectual Property Rights.
- Exclusion of Warranties
Pythagoras does not warrant that either the Service or the App is error free, and you acknowledge that the existence of any such errors do not constitute a breach of this Agreement. Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus makes no warranty as to the accuracy of the Service or the App, or any information provided with or through the Service or the App. To the extent permitted by law, Pythagoras excludes all statutory warranties and implied terms (“implied warranties”), however, if any implied warranties do apply to these terms, then Pythagoras limits its liability in respect of a breach of an implied warranty to the maximum extent permitted by law.
You agree that, other than to the extent specified in Clause 6 above, Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus will not be liable to you for any loss or damage (including consequential or incidental loss or damage including but not limited to lost property or of profit, business, revenue or anticipated savings) however caused (whether by Pythagoras’s negligence or otherwise) including any loss or damage caused directly or indirectly out of the use of this Service or the App by you or any person other than you.
- Your Equipment
You acknowledge that to use the Service and the Site you must:-
- take into account the information set out in the Financial Services Guide and any Manuals;
- arrange for the Service to be useable on your hardware; and
- use the Service only in the manner suggested on the Site;
- and you acknowledge that Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus has no responsibility to do or assist you to do any or all of these things.
- Term of This Agreement
Subject to Clause 10, these terms apply from the date that you subscribe to the service and shall continue to apply for so long as you continue to be a paid up subscriber of the Service.
Pythagoras may terminate your subscription to the Service and block your access to the App at anytime by giving you written notice (effective immediately) if you breach any of these terms. No subscription fees will be refunded.
- No Assignment
You must not assign nor sub-licence any of your rights to use the Service or the Site or your obligations under these terms to any person without Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus prior written consent which may be given or withheld in Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus absolute discretion.
The Copyright and Disclaimer Notice is specifically incorporated into this Agreement and forms part of this Agreement. By accepting this Agreement, you acknowledge receipt of the Copyright and Disclaimer Notice and agree that you have read it, understood it and abide by its terms. The Copyright and Disclaimer Notice is below.
This Agreement is governed by the laws of the State of Victoria, Australia.
Copyright & Disclaimer Notice
For the App based subscription service providing general recommendations regarding of securities, known as Stock Nostradamus (“Service”) and operating from an App and www.stocknostradamus.com.au (“Site”) Copyright Notice © 2020 Pythagoras Investment Timing Index Pty Ltd ABN 88 147 371 113. All rights reserved. The copyright in this Service and all of the information forming part of this Service (whether displayed on the Site or made available by other means) is owned by Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus and are valuable trade secrets of Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus. Apart from as permitted by the Copyright Act, no part may be reproduced by any process without the written permission of Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus.
Stock Nostradamus is owned and operated by Pythagoras Investment Timing Index Pty Ltd (“Pythagoras”) ABN 88 147 371 113 is a Corporate Authorised Representative of AFSL 431288 and is authorised to provide general financial product advice to retail and wholesale clients in relation to securities.
No information supplied through this Service is intended to be ‘personal’ advice within the meaning of the Corporations Act 2001. All users and subscribers to the Service (including any person not authorised to use the Service) hereby acknowledges that:
1. The applications of the Service are limited.
2. Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus does not know and will not know any one or more of your personal objectives, needs or financial circumstances.
3. The Website Terms & Conditions of Use and Financial Services Guide have been made available to the subscriber.
For these reasons, subscribers should seek professional investment advice and check the currency of information provided before acting on any investment decision.
- To the maximum extent permitted by law, none of Pythagoras Investment Timing Index Pty Ltd trading as Stock Nostradamus, its officers or employees:
- make any representation or warranty, express or implied, as to the accuracy, completeness, reasonableness or reliability of the information contained in the Service or on the Site;
- (except as required by law) accept liability, jointly or severally, for loss (including consequential loss) or expense of any nature (“Loss”) arising directly or indirectly from the use of or reliance on the Service or any information derived from the Service including in all cases, without limitation, any Loss arising (in part or in full) from the negligence of any person.
Subscribers to the service must rely on their own investigation, analysis and interpretation in determining the correct application of the information contained in or generated by the service to the particular financial situation and individual objectives, needs and circumstances of the subscriber or any other person or entity. This product is intended as general advice only and is not a substitute for professional advice.