10 March 2017

Stock Doctor (‘Stock Doctor’) is operated by Lincoln Indicators Pty Limited (Lincoln) ABN 23 006 715 573.

Stock Doctor is accessed through Lincoln’s online site (Site) and includes all online member services provided by Lincoln, whether accessed on a mobile device or otherwise, including the Stock Doctor online application (‘Stock Doctor’) and other ‘Subscription-only services’ referred to below.

These Terms and Conditions are addressed to you, whether you are viewing the Site on your own behalf or on behalf of another person (such as your employer). By accessing or using this Site, you agree to be bound by these Terms and Conditions, in addition to the general ‘Terms of use’ which are found on the Lincoln website at www.lincolnindicators.com.au (under the heading ‘Legal information’).

Use by third persons

It is your responsibility to draw the contents of these Terms and Conditions to the attention of anyone who may gain access to the Site by using your email address and password or by using your employer’s corporate account. For example, if, as a corporate subscriber, you make the Site available to a private investor then you must also ensure they agree to these Terms and Conditions. Failure to do so will be a breach.

General information/advice only

The information and/or advice provided on the Site is general only. Any general advice is provided by Lincoln as Corporate Authorised Representative of Lincoln Financial Group Pty Ltd ABN 70 609 751 966, Australian Financial Services Licence no. 483167. The information and/or advice does not take into account the investment objectives, financial situation and needs of any particular person. Before acting on the information/advice, you should consider its appropriateness having regard to your particular objectives, financial situation or needs. Furthermore, under no circumstances should investment decisions be based solely on the information/advice provided on the Site. Please refer to our Financial Services Guide for details about the financial services we provide.

Subscription-only services

Some pages on this Site contain information that is available only on a membership or subscription basis, including pages that contain:

• Stock Doctor,
• Investors’ Network,
• Resource Centre, and
• certain education and other auxiliary services.

The terms ‘membership’ and ‘subscription’ (and related terms) are used interchangeably, as are the terms ‘Site’ and ‘Stock Doctor’.

Application of terms to private and corporate subscriptions

These Terms and Conditions apply to both Stock Doctor private and corporate subscriptions. In addition, if you are a Stock Doctor corporate subscriber, you (and your company) will need to enter a separate agreement with Lincoln (‘Corporate Agreement’). The Corporate Agreement will deal with the specific needs of your business and, as such, will replace clauses 1 and 2 below (see ‘Permitted uses of the Site and Stock Doctor’ below).

Application of these terms to new clients

These Terms and Conditions apply to all new clients, i.e., those who subscribe to Stock Doctor after these Terms and Conditions are published (see date above).

Existing clients as at 31 March 2016

Existing ‘Gold’ and ‘Platinum’ clients who renew their subscriptions to the Stock Doctor Database software before publication of these Terms and Conditions will, in respect of that software, continue to be bound by the Stock Doctor Software Licence Agreement dated 7 November 2011. Such clients will have access to the existing features of the Stock Doctor Database software, subject to that Agreement, until the subscription term for the software comes to an end. Existing ‘Gold’ and ‘Platinum’ clients may, by agreement, also subscribe to the new Stock Doctor online application as described in and subject to these Terms and Conditions.

Existing ‘Essentials’ clients will continue to be bound by the Member Terms and Conditions you agreed to when you subscribed. This means that until you upgrade your subscription to the new Stock Doctor online application you will have access only to the services originally provided to you as an Essentials client until that subscription expires. You will not have the option of renewing your Essentials subscription when your term ends. At that time, you can only upgrade to the new Stock Doctor online application as described in and subject to these Terms and Conditions.

Licence to use Stock Doctor

Lincoln hereby grants you a limited, non-exclusive, non-transferable access to use Stock Doctor (and all of its applications and tools) subject to these Terms and Conditions. For Private investor clients, this licence entitles you to use Stock Doctor only for private investment purposes and not for the provision of services to third parties. For Corporate clients, this entitles you to use Stock Doctor for the purpose of providing services to third parties.

Permitted uses of the Site and Stock Doctor

1. What you are allowed to do

You may:

• browse the Site and view the information on it for private, non-commercial use only;
• print pages from the Site onto paper to the extent reasonably necessary for your use of the Site in accordance with the above.

Provided that at all times you do not do any of the things set out in clause 2.

2. What you are not allowed to do

Subject to these Terms and Conditions, you may not:

• systematically copy (whether by printing onto paper, storing on disk or in any other way) substantial parts of the Site;
• remove, change or obscure in any way anything on the Site or otherwise use any material contained on the Site except as set out in these Terms and Conditions;
• reproduce, retransmit, disseminate, sell, publish or broadcast any material available from the Site, nor may the Site and anything available from the Site be used in connection with creating, promoting, trading, or, marketing investment products without the express written consent of Lincoln or its information providers;
• use the Site or any material available from the Site for unlawful purposes and you shall comply with all applicable laws, statutes and regulations at all times; or
• either temporarily or permanently transfer or sub-licence your rights to use the Site and Stock Doctor under this agreement without the prior written consent of Lincoln.

User identification and password

Access to the Site is granted by use of a valid password. You agree to:

• treat your password as confidential;
• not disclose it to any third person;
• comply with these Terms and Conditions of use;
• not interfere with or disrupt other users of the Site or subscribers to the various products and services available via the Site, or any of Lincoln’s services or equipment (including by way of viruses)
• not to manipulate any of the information or data available from the Site.

Lincoln reserves the right to amend the password and other security procedures for access to the Site at any time.
In the absence of notice from you that the confidentiality of your User Identification and Password has been compromised, Lincoln will be entitled to construe all activity on the Site using that Password as being for and on your behalf. You therefore agree to take responsibility for all actions of persons using your password.

Terms

One, two or five year term subscriptions: if you select one of these terms your subscription is for the period of the selected term, commencing on the date Lincoln receives payment of the subscription fee for the selected term and may be extended or terminated as set out in this agreement. If you renew the subscription for a further period (or periods) of one of these terms, each further subscription period will commence from the end of the previous period or when Lincoln receives your renewal payment, whichever is the later.

Where you have received a Stock Doctor subscription for a free period either

• as part of an existing agreement between Lincoln and a licenced provider of financial services to you or
• from a Stock Doctor client

you agree to be bound by these Terms and Conditions.

Lincoln offers a 30-day money back guarantee from original date of purchase. This guarantee excludes subscription renewals. Should the agreement be terminated in this period, you must, if requested, certify in writing that you have destroyed any copies which you may have recorded on any memory system or any other medium, and state your reasons for discontinuing the service.

Corporate subscriptions and renewals can only be selected for terms of one year. Multi-year subscriptions are not available for corporate subscriptions.

Ownership

These Terms and Conditions do not pass on any intellectual property or other ownership rights in the Stock Doctor.

Payment

1. 30-day trial subscription fee (Prospective Private Investor clients only): in return for the 30-day trial subscription to Stock Doctor, you must pay Lincoln its current 30-day trial subscription fee. The 30-day trial subscription fee is to be paid prior to commencement of the trial subscription, on receipt of a Lincoln invoice.  Payment may be made by various means e.g. credit card, direct debit etc. You cannot renew a 30-day trial subscription.
2. Subscription fee: in return for a subscription of one, two or five years, you must pay Lincoln its current subscription fee for that term. If you wish to renew the membership for one of these terms at the end of the initial period (or any renewal), you must pay Lincoln the then applicable renewal subscription fee. The renewed subscription fee is to be paid within 30 days of receipt of a Lincoln invoice. Other means of payment may apply e.g. credit card, direct debit, etc. In these cases payment is due on receipt of the Lincoln invoice.

Note 1: Where you originally received the Stock Doctor Essentials level of membership for a free one-year subscription as part of an existing agreement between Lincoln and a licensed provider of financial services to you, your subscription will continue for that period or for as long as the licensed provider maintains its existing agreement with Lincoln (whichever comes first) and will cease immediately thereafter. You agree to continue to be bound by the Terms and Conditions you entered at the time until your subscription expires. Thereafter, you will need to upgrade to the new Stock Doctor subscription and accept these Terms and Conditions.

Note 2: Where you originally received the Stock Doctor Essentials level of membership for a free one-year subscription from a Stock Doctor client, your free subscription will cease on the expiry of the one year period. Thereafter, you will need to upgrade to the new Stock Doctor subscription and accept these Terms and Conditions.

Trial subscriptions

Trial subscriptions are available at Lincoln’s discretion. 
A 30-day trial subscription provides Private Investor clients with access to a single paid trial of the Stock Doctor membership Lincoln makes available on the Site for that membership, subject to payment of Lincoln’s current 30-day trial subscription fee.  

Other prospective clients may, at Lincoln’s discretion, be provided with a trial subscription that gives you access for a period of less than 30 days, free of charge, to a single trial of the Stock Doctor membership or the services Lincoln makes available on the Site for that membership.  Lincoln may impose additional terms and conditions in relation to a free trial provided to a prospective client.

It is an express condition of your trial subscription that you will access only one trial of any specific product or service (whether free or paid). Any attempt by you or by another person your behalf to access more than one trial of any specific product or service (free or paid) will be a breach of these Terms and Conditions and continued access to the whole or any part of the Site may be denied without notice.
Any materials downloaded from or during your free or paid trial in breach of these conditions remain the property of Lincoln and you agree to provide all and any necessary information to allow Lincoln to recover its property.

Increase in subscription fee for renewals

Lincoln may increase the subscription fee by giving 30 days’ notice in writing before the commencement of a renewal subscription, by an amount which represents the proportionate increase (if any) in the Consumer Price Index for Australia between the date of the notice and the corresponding day in the previous year (or for multi-year terms, the commencement day of the previous term), or if enhancements to the subscription have been offered to you, by an amount considered by Lincoln to be reasonable.

Increase in subscription fee for additional subscriptions

Additionally Lincoln may increase the subscription fees prospectively for additional subscriptions if it is deemed necessary or where the product offer may change.

Cancellation policy – subscription products and services

If you are unsatisfied with your subscription (excluding a paid trial subscription) at any time, you can cancel and receive a refund based on our cancellation policy. If the cancellation is for a Lincoln product or service, please refer to our Financial Services Guide for our cancellation policy. If the cancellation is for the Lincoln training and events please refer to our Booking Conditions for our cancellation policy.

Our responsibilities

Provision of subscribed services – We will (a) make the Site available to you pursuant to these terms and conditions, and (b) use commercially reasonable efforts to make Stock Doctor available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which we shall give at least 8 hours electronic notice and which we shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Australian Eastern standard time), and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attack.

Protection of your personal information - We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your personal information, as described in our privacy policy below.

Our Personnel - We will be responsible for the performance of our personnel (including our employees and contractors) and their compliance with our obligations under these terms and conditions, except as otherwise specified herein.

Links to brokers

Stock Doctor allows users to link their Stock Doctor account to some online broking accounts to facilitate stock transactions by users and the sharing of data between a user’s broking account and Stock Doctor account. Any links and data relating to you on Stock Doctor will be deleted on your written request.

Stock transactions are effected by your broker based on your instructions and are subject to the terms and conditions attached to your account with the broker.  When you enter into stock transactions, you do so with the broker and not with Lincoln.  Lincoln does not act for you in relation to stock transactions.

Subject to any statutory rights you may have, Lincoln (or any other company in the Lincoln group) is not liable for any loss or damage, including any consequential loss or damage, arising from the use of Stock Doctor to transmit buy or sell orders to any broker including, but not limited to, any loss or damage caused by the failure to transmit data to a broker for any reason or the failure of a broker to complete an order in accordance with your instructions for any reason.

Liability

Subject to any statutory rights you might have, you acknowledge that in entering into this agreement you have not relied in any way on Lincoln’s representations, descriptions, illustrations, specifications, skill or judgment and that you have satisfied yourself as to the condition and suitability of the Stock Doctor for its purposes. Unless this agreement expressly provides otherwise and/or statutory rights, warranties or guarantees apply, Lincoln (or any other company in the Lincoln group) gives no guarantee, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the Stock Doctor (including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of it), and all implied guarantees, warranties and liabilities (including liability as to negligence) in relation to same are negated and excluded.

Subject to any statutory rights you might have, you acknowledge and agree that Lincoln  (or any other company in the Lincoln group) is not liable for any loss or damage, including consequential loss or damage, which in any way results from your use or non-use of the Stock Doctor (including as a result of any malfunction, breakdown, error or virus in the Stock Doctor) or as a result of or in connection with the provision or non-provision of services under this agreement.

Subject to any contrary statutory provisions, you will indemnify Lincoln and keep Lincoln indemnified against: (a) all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of the Stock Doctor; and (b) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by Lincoln in connection with or arising out of a breach by you of any provision of this document.

Nothing in this agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy which is conferred on you by the Competition and Consumer Act 2010 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth) or any other consumer legislation as amended (the ‘Acts‘) which Lincoln is not lawfully able to exclude, restrict or modify. Where Lincoln breaches a non-excludable condition, guarantee or warranty which has been implied by the Acts, Lincoln’s liability for breach will be limited, to the extent lawfully permissible, to: (a) in the case of supply 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 materials, or the payment of the cost of having the goods repaired; (b) in the case of the provision of services, the supplying of the services again, or the payment of the cost of having the services supplied again; whichever Lincoln sees fit to provide.

Third party data carriers

You acknowledge that Lincoln obtains data from carriers such as the Australian Securities Exchange Ltd, ASX Operations Pty Ltd and other relevant exchanges and bodies. Lincoln (or any other company in the Lincoln group) will not be liable to you for any failure to supply the data provided by the above-mentioned carriers or any failure in the operation of the Stock Doctor where that failure arises as a result of any non-supply of the necessary data from the appropriate carrier. You must not supply any of the data provided by one of the above-mentioned carriers to any other person. The material supplied by ASX Operations Pty Ltd is subject to a claim of copyright and is published under licence from that company. ASX Operations Pty Ltd shall be under no liability whatsoever for any loss suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from material supplied by ASX Operations Pty Ltd.

Foreign Exchange, International Commodities and International Indices information in the Stock Doctor is made available under licence from InfoDirect Limited (a New Zealand registered company numbered 664861).
ASX-listed company data is copyright and provided by Morningstar Australasia Pty Ltd (‘Morningstar’) © 2014 ABN: 95 090 665 544, AFSL: 240892 (a subsidiary of Morningstar, Inc). All rights reserved. The data and content provided by Morningstar are not guaranteed to be accurate, complete or timely. Neither Morningstar, nor its affiliates nor their content providers will have any liability for use or distribution of any of this information. To the extent that any of this information constitutes advice, it is general advice that has been prepared by Morningstar without reference to your objectives, financial situation or needs. Before acting, you should consider the appropriateness of the advice and obtain financial, legal and taxation advice before making any financial investment decision. Investors should obtain the relevant product disclosure statement and consider it before making any decision to invest. Please refer to Morningstar’s Financial Services Guide (FSG) for more information www.morningstar.com.au/fsg.asp. Some of the material provided is published under licence from ASX Operations Pty Limited ACN 004 523 782 (‘ASXO’). Consensus forecast data is copyright Thomson Financial.

Consensus target data is copyright, Thomson Reuters. All Rights Reserved. Use, duplication or sale of this service or data contained herein is strictly prohibited.

InfoDirect Limited, HII, Thomson Reuters and AAP are each a third party data carrier under these terms and conditions.

Data provided by a third party data carrier must not be reproduced, rewritten, copied, re-sold, re-distributed, framed, linked, or made available to any other person.

Neither Lincoln, any company in the Lincoln group, nor any third party data carrier will be liable to you for any failure to supply the data provided by the third party data carrier or any failure in the operation of the Stock Doctor where that failure arises as a result of any non-supply of the necessary data from the appropriate carrier.

Neither Lincoln, any company in the Lincoln group, nor any third party data carrier will be under any liability whatsoever for any loss suffered by any person whether arising from negligence or otherwise for any errors or omissions in, delay or interruption to, or for the use of or results obtained from, data supplied by a third party data carrier.

Termination of subscription for breach

If you breach any of these terms and conditions, Lincoln has the right to terminate your subscription immediately by notice in writing and to withdraw your access to the Site and Stock Doctor. At that time, you must also certify in writing that you have not retained any copies of the Site, Stock Doctor and/or materials derived from them.
If you are a Private Investor and Lincoln breaches any of these terms and conditions, you have the right to terminate your subscription immediately by notice in writing. If you do so, you must certify in writing that you have not retained any copies of the Site, Stock Doctor and/or materials derived from them.

Governing law and enforceability

These terms and conditions are governed by, and interpreted in accordance with, the laws of Victoria, Australia. Any terms or conditions found to be unenforceable will be deleted, but will not affect the remaining terms and conditions.

Entire agreement

Subject to the terms of any Corporate Agreement (which applies only to Stock Doctor Corporate subscribers), these terms and conditions constitute the entire agreement between you and Lincoln, and applies to you if subscribe for your own use, or to you, your company and that company’s employees if subscribed for company use.

Copyright and disclaimer

The Site (including Stock Doctor) contains information supplied by Lincoln and third parties. Information on the Site is protected by copyright and is made available under licence. Any unauthorised reproduction of this information is prohibited.

The views and information presented are sourced from publicly available information and (as mentioned above) from third party carriers, and are believed to be reliable. Lincoln is committed to bringing Site members accurate and timely company information. However, Lincoln, any company in the Lincoln group and the officers, employees and agents of these entities do not assume responsibility or accept liability whatsoever, whether arising from negligence, accident or otherwise, for any error contained in the information or for any recommendations listed in any of the publications. This disclaimer does not purport to exclude any warranties implied, or rights conferred, by law that may not be lawfully excluded.

Lincoln reserves the right to change information provided on the Site and these Terms and Conditions without notice. You should therefore review these Terms and Conditions periodically for changes.
If you have any queries please email Lincoln at enquiries@lincolnindicators.com.au

2017 Lincoln Indicators Pty Limited. All rights reserved.

Privacy policy

Lincoln is committed to preserving and respecting you privacy and complying with the Privacy Act 1988. For full details about our privacy practices and your rights, see our ‘Privacy policy and collection notice’.

Dispute resolution process

Who can I complain to if I have a complaint about Lincoln’s products and services?

If you have any complaints about a Lincoln product or service, please take the following steps:

1. contact our Membership Services Team either by email at enquiries@lincolnindicators.com.au or by phone on 1300 676 333. We will endeavour to resolve any client complaint or query as soon as possible.
2. if you prefer, you can lodge your complaint in writing to: Chief Operating Officer, Lincoln, Level 2, 379 Collins Street, Melbourne VIC 3000.
3. if you do not receive a satisfactory outcome, you have the right to complain to the Financial Ombudsman Service. The contact details for the Financial Ombudsman Service are GPO Box 3, Melbourne, Victoria, 3001 or phone 1300 780 808. Alternatively email the Financial Ombudsman Service at info@fos.org.au or fax (03) 9613 6399.
4. the Australian Securities and Investments Commission (ASIC) also has an Infoline number 1300 300 630 which you may use to make a complaint and obtain information about your rights.