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Monitor Terms of Use

Updated 8 October 2024

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The website productrex.com.au and the Services provided over the website (together referred to as the Website) are owned and operated by CGHMN Holdings Pty Ltd ABN 41 637 344 800 trading as ProductRex (ProductRex). Any reference to “we”, “us” and “our” in these Terms of Use refers to ProductRex.

 

The following terms form the Terms of Use (Terms) for your use of the “Monitor” component of the Website, located at app.productrex.com.au/monitor (referred to as “Monitor”). Please carefully read these Terms before you use this component of the website. In using Monitor, you agree to be bound by these Terms (even if you do not register an account with us). If you do not accept these Terms, you must not continue to use Monitor.

 

These Terms apply simultaneously and in conjunction with the Terms of Use of productrex.com.au as a whole, which can be found at www.productrex.com.au/tou.

 

These Terms apply whenever you access Monitor, regardless of how you access Monitor or interact with it, including but not limited to: the internet, tablets, smart phones or other devices. Once you have registered an account, these Terms continue to apply to you even when you are not using the Services or Website.

 

We may change these Terms which take effect upon posting to this webpage. Your continued use of Monitor following any changes indicate your acceptance of the changes.

 

Use of the Monitor continues to be subject to our Privacy Policy, which is available at www.productrex.com.au/privacy.

 

If you are registering an account or using Monitor on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these Terms.

 

1. Monitor Services

 

The Monitor module within ProductRex is  designed to allow investment managers (“Investment Managers”, “Managers”) to view and modify a limited set of data related to their managed investments that are present within ProductRex as a whole.

 

 “Services” also includes any incidental services and any reports, information or data made available by us to you through he Monitor module.

 

Our Services are available to the following Approved Investment Managers:

  1. Directors, staff and contractors of financial planning practices.

  2. Directors, staff and contractors of investment managers and investment consultants.

  3. Other individuals expressly approved by us.

 

In these Terms, Services form part of the Monitor module.

 

Your access and use of Monitor is conditional on you not breaching these Terms or applicable laws. We may immediately terminate your access to the Website, without notice, if you breach these Terms or any applicable laws.


2. Accounts

 

In order to use the Services, you must hold a valid ProductRex account.

 

Investment Managers may register an assigned administration user.  Individual users may only access the Monitor data relating to the Manager if authorised by the assigned administration user (who may at any time withdraw the authorisation).  ProductRex will not be responsible for any such authorisations or withdrawals.

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You agree and acknowledge that you:

  1. You are (or are authorised by) an Investment Manager;

  2. must not access Monitor in the name of any company or organisation, or otherwise hold yourself out as being a representative of a company or organisation, unless you are authorised by that company or organisation to do so;

  3. shall ensure your access to Monitor is not used by any other person.

  4. shall be responsible for all activity on your account including any unauthorised access by third parties. We are not liable for any loss or damage arising in connection with any unauthorised use of your account;

  5. shall maintain the confidentiality and security of your Monitor access and notify us immediately of any unauthorised use.

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You may cancel your access to Monitor at any time by notifying us via email at support@productrex.com.au. We will use our best efforts to cancel your registration within 21 working days of our receipt of your request.

 

We may, at our sole discretion and without notice to you:

  1. access your Monitor module solely for the purpose of providing support and maintenance services;

  2. suspend or terminate access to Monitor and/or refuse any or all use of Monitor (including but not limited to where you or the relevant Manager are in breach of these Terms or any applicable laws.

  3. disclose registration information to any relevant persons or authorities should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or entity’s identity or holding themselves out as being authorised by or associated with an entity.

 

3. Fees

 

There is no fee payable for use of Monitor by Approved Investment Managers in accordance with these Terms.

 

We may charge fees for additional services and change any such fees with 30 days’ notice to you. Unless expressly stated, all fees payable under these Terms are inclusive of GST.

 

4. Registered User Data

 

In order to obtain maximum benefit from Monitor, Approved Investment Managers (as registered users) may submit and store on the Monitor the following Investment Data: investment fees, investment asset allocation, investment categories, investment approaches, investment names, investment platform availability. “Investment Data” specifically excludes any use of or data associated with, the Manager’s investments used in scenarios by ProductRex users.

 

In relation to Investment Data, you acknowledge and agree that:

  1. you are solely responsible for all Investment Data that you store, submit or generate through Monitor;

  2. You must make a best effort to ensure that the Investment Data you enter is correct and reflects the current status of your investment products. Providing false or misleading data will result in suspension of your access to the Service.

  3. By entering Investment Data into the Service, you grant ProductRex the right to use, analyze, and share Investment Data in any manner we see fit. This includes, but is not limited to, aggregating, displaying, and distributing Investment Data.

  4. You are required to update Investment Data or mark it as "no change" on a monthly basis. Failure to do so may result in suspension of your access to Monitor

  5. Once entered into Monitor, your Investment Data cannot be removed. ProductRex retains the right to keep and use your Investment Data indefinitely.

  6. You must ensure that you do not store, submit or generate any Investment Data that you do not have legally valid permission, right or license to use; is confidential information belonging to others unless you have obtained legally valid consent; misrepresents your affiliation with another entity; or is illegal or fraudulent;

  7. If you choose to store, submit or generate Investment Data through the Website, you comply with all applicable laws in doing so including the Privacy Act 1988 (Cth), Australian Privacy Principles, and obtain any necessary consents;

  8. ProductRex may use Investment Data for the purpose of making features of Monitor available to you; and

  9. We may collect and use information in relation to your Investment Data, your activities and details of how you use Monitor (regardless of when the information was collected) for commercial purposes as well as to analyse trends, administer and market Monitor and generally improve Monitor.

  10. We may remove or modify Investment Data which is in breach of these Terms or applicable laws, or which in our view is inappropriate or offensive, without notice.

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5. Intellectual property

 

We own, or are the licensee of, the intellectual property rights in relation to Monitor and the content we make available through Monitor (other than your Investment Data). These Terms do not transfer any intellectual property rights from us to you or any third parties.

 

Subject to your compliance with these Terms and the following paragraph, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to use Monitor and its content for the term of this agreement solely for the purpose of obtaining the benefit of the services provided by Monitor.

   

If you infringe our intellectual property rights or those of any third party, we have the right to deny access to or terminate your use of Monitor immediately and without notice. You agree to indemnify us from and against any claims by third parties arising from any breach of intellectual property rights any third party may bring against us in relation to the Investment Data or your use of the Website.

 

6. Privacy

 

Investment Data that you submit or store through Monitor may also contain personal information of others including your clients. You further warrant that you have obtained all necessary consents and have complied with applicable laws to enable us to store and use personal information included in the Investment Data or otherwise that you may submit or store through the Website in accordance with our privacy policy.

 

7. Use of Monitor

 

You must not use any information made available through Monitor for any purpose other than maintaining and ensuring ongoing accuracy of the Investment Data, in accordance with these Terms and any applicable laws.

 

You must not at any time:

  1. copy, modify, or create derivative works based on Monitor;

  2. distribute, transfer, sublicense, lease, lend, or rent Monitor to any third party; or

  3. attempt to modify, decipher, decompile, disassemble or reverse engineer Monitor or any of the software or code comprising or in any way making up a part of Monitor;

  4. take any action that imposes an unreasonable or disproportionately large load on the Monitor infrastructure;

  5. use Monitor for any objectionable or unlawful purpose, including generating any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;

  6. use Monitor in any way that would result in you breaching any applicable law or regulation (including in relation to privacy), licensing obligations or any contractual or other obligations you may owe to third parties;

  7. mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

  8. conduct any activity which compromises or breaches our or another party's intellectual property rights;

  9. introduce any virus, worm, Trojan horse, malicious code or other program which may damage the Website’s infrastructure or computers or equipment used in the operation of Monitor;

  10. attempt to disrupt or interfere with the delivery of ProductRex’s services through Monitor or the services of our partners and clients;

  11. download, access, use, harvest or download in bulk any data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;

  12. sell, redistribute or use information contained on Monitor for a commercial purpose without our prior written consent;

  13. remove or alter ProductRex’s copyright notices, any of Our Trademarks or other means of identification including any watermarks, as they appear on the services or Monitor;

  14. provide to, publish or distribute to any persons who are not authorised users of Monitor, any part of the information included on Monitor, without our prior written consent.

 

We make no warranties or representations as to the availability of Monitor. We may at any time and without notice, suspend or terminate the operation of Monitor as necessary to perform maintenance, error correction or other reasons.

 

8. Indemnity and liability

 

You agree to defend, indemnify and hold harmless ProductRex, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, regulatory investigations, demands, liabilities, costs, damages and settlements, including, without limitation, legal and accounting fees on an indemnity basis, arising in connection with: your use of Monitor; your dealings with, or financial advice provided to, your clients including through use of Monitor; your breach of these Terms including any representations or warranties; or your breach of any applicable laws.

 

You agree that despite anything else in these Terms and to the extent permitted by law, ProductRex excludes all responsibility and liability in connection with ProductRex making Monitor available to you or your use of Monitor.

 

If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services, at our option: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

 

To the extent that our liability cannot be excluded by law:

  1. our maximum liability whether in contract, equity, statute or tort (including negligence), to you will be limited to $100; and

  2. notwithstanding anything else in these Terms, under no circumstances will we be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of income, profits, goodwill, data, contracts, use of money or any loss in connection with business interruption, whether in tort, contract or otherwise.

 

9. ProductRex not providing financial services advice

 

  1. ProductRex does not hold any financial services licence in Australia or otherwise. You acknowledge and agree that the provision of any services or Monitor by us does not constitute, and is not suitable to be acted upon as, general or personal financial advice;

  2. ProductRex does not make any recommendations or provide any advice as to whether a particular financial product is suitable for any person;

  3. you must exercise your own discretion as to whether to rely on reports and data provided through Monitor and you will at all times be responsible for all financial services and advice you provide to clients.

 

10. Relationship and reliance

 

ProductRex provides Monitor and any other services as an independent contractor and not as your agent. We are not responsible and have no liability for any financial advice, opinion or representations you may provide to your clients or third parties including where they are based on or in connection with use of Monitor.

 

You may only provide output or reports generated through Monitor to your clients on the condition that you assume all liability for those outputs or reports. If any such output or report (or part thereof) is relied upon by a client or third party, you shall indemnify and hold harmless ProductRex in respect of any damages claimed by any such client or third party against ProductRex in respect of reliance on any such output or report.

 

11. Disclaimers

 

To the extent permitted by law:

  1. You acknowledge that the use of Monitor is at your own risk. You are responsible for backing up your own Investment Data, including any content acquired through t Monitor.

  2. All content delivered to you through Monitor are provided "as is" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  3. We do not guarantee, represent, or warrant that your use of Monitor will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.

 

ProductRex makes available through Monitor, information in relation to financial products and other related matters. While ProductRex endeavours to check the accuracy of such information, ProductRex specifically disclaims any warranty that any information or data provided through Monitor is accurate, complete or correct.  You are responsible for checking any such information and data and for identifying any omissions, errors or other faults in the data provided through Monitor.

 

These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

 

12. Term and Termination

 

These Terms are effective until terminated. Either party may terminate at any time. Upon termination you must immediately cease using Monitor.

 

13. Further terms

 

The following further terms apply in respect of your use of Monitor:

  1. Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.

  2. We may assign or novate any of our rights or obligations under these Terms without your consent.

  3. Clauses 5, 8, 9, 10,11 and 12 of these Terms survive termination.

  4. If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

  5. A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

  6. These Terms of Use will not be interpreted to confer any rights on any third parties.

  7. These Terms constitute the entire agreement between the parties, with any and all other agreements or representations previously existing hereby replaced.

  8. These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.

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