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Terms of Use.
This web site is owned and operated by Standard Pacific Consulting Limited ABN 84 003 315 802 ("Standard Pacific", "we" or "us"). Standard Pacific is the holder of Australian Financial Services Licence No.237635.
Your access to our web site and our computer network (the "Website") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained or referenced these terms and conditions and elsewhere on any part of the Website, including our Privacy Policy (the "Terms of Use").
By using or accessing the Website, you agree to be bound by the Terms of Use.
Standard Pacific reserves the right to vary the Terms of Use at any time. It is your responsibility to inform yourself of the current Terms of Use which are available by clicking on the Terms of Use link on the Website.
Client Services
In order to be able to access the client services, it will be necessary for you to complete the registration process. Upon successful completion of the online registration process, you will be requested to select (an available) unique user name and password ("Access Details").
You must keep your Access Details confidential and secret. We will not be responsible for any loss or liability that you may suffer by reason of unauthorised access to the Website (including the Client Services) occurring as a result of a breach of this obligation.
Third Party Providers
Certain information and services are offered to members via the Website that are provided by third parties, discussed further below, (each a "Third Party Provider").
Stock Market Indices
This Website provides certain information or links to third party websites that Standard Pacific believes may be of interest to its clients such as the provision of stock market indices data and information ("Bourse Data") supplied by a Third Party Provider.
To the full extent permitted by law, Standard Pacific will not be liable for any delay, interruption or failure to provide, or for any inaccuracy or incompleteness of the Bourse Data. The Bourse Data may not be provided in real time and may only be up to the close of trading at the prior trading day for the relevant stock exchange, whether located here or overseas.
It is your obligation to check at the time of placing any order to buy or sell securities, interests in managed investments or other financial products as to the current market price.
Newsletter
From time to time, we may make available to you a newsletter or other information in the nature of general advice ("Newsletter"). The Newsletter may be produced by a Third Party Provider who is the holder of an Australian Financial Services Licence.
You acknowledge and agree that:
- Standard Pacific does not make any representation or warranty in relation to any Third Party Provider and, where applicable, any general advice or general recommendation a Third Party Provider may make.
- The Newsletter is produced by the author named therein.
- The advice contained in the Newsletter is general advice only and is not prepared taking into account the financial circumstances and needs of any particular investor.
- If you intend using the advice contained in the Newsletter, you should assess whether it is really suitable to your own individual circumstances and investment plans and take specific investment advice from an Australian Financial Services Licensee who is licensed to provide personal advice.
- Where the Newsletter is produced by a Third Party Provider, Standard Pacific does not exercise any editorial control over the Newsletter and the views expressed in the Newsletter are entirely those of the author.
- Where the Newsletter is provided by a Third Party Provider, Standard Pacific makes no representation or warranty in relation to the author or the content of the Newsletter, including without limitation, the accuracy of the content or its suitability in relation to your own personal circumstances.
- Copyright in the Newsletter remains with the author.
At the date of posting these terms and conditions, a broking facility is provided by Standard Pacific with trading and execution conducted by ETRADE Australia Securities Limited ABN 93 078 174 973 trading as E*Trade Australia, being the holder of Australian Financial Services Licence Number 238277 ("E*Trade").
To the full extent provided by law, Standard Pacific does not take any responsibility in connection with the placement, receipt and execution of any buy or sell orders by E*Trade or any other matter that is connected with the services provided by E*Trade.
Managed Investment Funds and Master Trust
You may also be able to view your account (including transaction details) in respect of certain managed funds including the Optimum Superannuation Master Trust.
To the full extent permitted by law, Standard Pacific will not be liable for any delay, interruption or failure to provide, or for any in accuracy or incompleteness of such information or for the consequences arising from you acting or failing to act on the basis of such information.
Limitation of Liability and Indemnity
Nothing in the Terms of Use will exclude, restrict or modify any rights or remedies which you may have under the Trade Practices Act 1974 (Cth) or other law which under such legislation or other laws that cannot be excluded, restricted or modified by agreement ("Non-Excludable Rights").
Subject to the Non-Excludable Rights:
- Standard Pacific makes no representation or warranty in connection with the Website or the services and any goods that may be provided through the Website including those provided by Third Party Providers;
- You acknowledge and agree that Standard Pacific cannot and does not promise that:
- the Website is suitable for your particular circumstances or purposes;
- the Website will operate without delay, interruption or failure;
- transactions or payments attempted by you through the Website will be successful or;
- the Website will always be secure or protected from unauthorised access.
- Standard Pacific will not be liable for:
- Any act or omission of any Third Party Provider including, without limitation, those of any Third Party Provider who acts upon, or is required to act upon, but fails to act upon, or delays in acting upon or processing any buy or sell orders or other instructions provided to that Third Party Provider;
- any claim, loss, damages or liability suffered or incurred by you arising in connection with any payment, adjustment of other transaction effected or attempted pursuant to the broking service, and in particular, under no circumstances will Standard Pacific be responsible for any fraudulent, unauthorised or mistaken transaction, instruction, reversal or error correction made by the broker or any other person;
- any erroneous, mistaken, incomplete or multiple execution of any broking requests caused or contributed to by you in connection with your use of the broking service;
- any cause or event outside the reasonable control of Standard Pacific;
- any delays, however, occasioned in orders being processed or received;
- Limitation of Liability and Indemnity continued
- any breakdown, interruption or failure of, or to, any telecommunications connections or internet access used by you or a Third Party Provider;
- any defect, error or lack of compatibility with your computer hardware or software;
- any loss of profit, indirect, consequential or incidental loss, damages, liability or injuries suffered or incurred by you arising in any circumstances whatsoever in connection with the supply or failure to supply the Website,
- Subject to the Non-Excludable Rights, Standard Pacific limits its liability under and in connection with the Terms of Use (howsoever arising, whether in contract, tort or otherwise) to one of the following (at is option):
- supplying the relevant services again; or
- repayment of the costs of having the relevant services supplied again; or
- refunding to you any fees paid.
All information, text, material, graphics and software displayed on or accessible via the Website (excluding any of your personal information and content on third party websites) appearing in any material form, including without limitation, on screen and in any print-outs ("Content") is copyright ? Standard Pacific, its suppliers and licensors. The Content is protected by Australian and international copyright and trade mark laws. Standard Pacific and the related wave logo device are trade marks of Standard Pacific.
Australian Residents
Unless otherwise stated, the information appearing on the Website has been prepared in accordance with Australian law for residents of Australia and for the supply of products and services in Australia. To the extent that such information does not satisfy the laws of the country in which you reside or from which you are accessing such information, it is not directed to you.
Privacy
You should also refer to our Privacy Policy which deals with how we collect, store and use personal information about you, and the use of cookies in connection with the Website. Standard Pacific and/or Third Party Providers are required under the Corporations Act to maintain certain transaction records and to make such records available for inspection, if required, by the Australian Securities and Investments Commission.
Ceasing to be a Client
If you cease to be a client of Standard Pacific, your access to the Client Services Area will be discontinued.
Standard Pacific also has the right to discontinue your access to the Membership Area if you are in breach of the Terms of Use or are in default of any payment obligation owed to Standard Pacific or any Third Party Provider.
Standard Pacific may also discontinue access to the Membership Area in any of the following events:
- you make an assignment or compromise for the benefit of your creditors;
- where you are a company, a receiver or receiver and manager or administrator or similar person is appointed in respect of you or over all or any part of your assets;
- a trustee is bankruptcy is appointed in respect of your affairs or over all or any part of you assets;
- where you are a company, an application for your winding up is presented and not withdrawn or dismissed within twenty-one (21) days or an order is made or an effective resolution is passed for your winding up;
- an application for your bankruptcy is made and not withdrawn within twenty-one (21) days;
- where you are a company, proceedings are initiated with a view to obtaining an order for winding up or any shareholder or director convenes a meeting for the purpose of considering or passing any resolution for your winding up;
- where you are a company, an application is made for your dissolution;
- any execution is levied or enforced against your property; or
- you cease to carry on business.