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Investogain Limited (trading as InvestoGain and deListed) provides users in Australia and New Zealand with the ability to read and submit content at the websites investogain.com.au, delisted.com.au, investogain.com.au, investogain.co.nz and delisted.co.nz, subject to the following Terms. These Terms may change at any time without prior notice.
In these Terms when the name InvestoGain, deListed or the terms, we, our, or us are used, we are referring to Investogain Limited (ABN 88 129 443 447).
1) Acceptance of Terms
By reading or submitting content at our websites you agree to accept these Terms.
2) Description of Service and Disclaimer
Investogain Limited provides financial services of a nature described at its websites and in its Financial Services Guide but not investment advice of any type that is tailored to your financial circumstances. You can read and post discussions via our websites for the purpose of general information only.
“Your Comment” posts are not moderated and are not intended to be used as the basis for any personal investment decision. Investogain Limited is not responsible for the content of user messages.
3) User Responsibility and Conduct
By accepting these Terms you agree to bear all risks associated with the use of any content. You agree that you may not rely on any content contained within InvestoGain and deListed comments and forums.
You also agree not to post any material to the forums or comments that violate local, state, federal or international law, defame or abuse any third party or distribute copyrighted material. Specifically you agree not to post indecent language or any expressions of discrimination, whether racial, religious, sexual or political.
We have the right to remove any content whatsoever at our absolute discretion and need not provide a reason for so doing.
Investogain Limited seeks to comply with ASIC Regulatory Guideline 162 for Internet Discussion Sites. This guideline may be found on ASIC’s site www.asic.gov.au.
Disclosure and warnings to people who view postings
(a) Investogain Limited does not endorse or vouch for the accuracy or authenticity of postings;
(b) No-one is permitted to make postings as a licensed investment adviser, or as a representative of a licensed adviser;
(c) Postings are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:
(i) consider consulting a licensed adviser (at ASIC’s website, according to ASIC, you can "Browse the register by name of licensee"); and
(ii) visit ASIC’s consumer website at http://www.moneysmart.gov.au for general guidance about investing;
(d) People making postings are individually responsible for the accuracy and authenticity of their postings;
(e) Because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
(f) The Investogain Limited service, including discussion tools, is intended for use by persons in Australia and New Zealand.
(g) Securities cannot be offered to you for sale or issue through discussion postings on the Investogain/deListed sites; and
(h) it is advisable that you alert Investogain Limited via email@example.com if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.
(i) you are personally responsible for your postings (including any alterations you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using the Investogain/deListed websites. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
(j) if you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable for you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
(k) if you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting; and
(l) if Investogain Limited finds or suspects that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.
4) Use of User Generated Content
By accepting these terms and submitting content you agree to grant Investogain Limited a perpetual license to display, disseminate or syndicate, in any form, any content you post on the Investogain/deListed sites.
You agree to indemnify and hold Investogain Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms, or your violation of any rights of another.
You agree that Investogain Limited may, under certain circumstances and without prior notice, immediately terminate your access to Investogain Limited comments and forums. Cause for such termination shall include, but not be limited to breaches of applicable law, these terms or other incorporated conditions, agreements or guidelines.