Terms of use

Banyan Securities Pty Ltd

AFSL # 484139

Website Terms and Conditions

This website ("Website") is created and controlled by Banyan Securities Pty Ltd and any of its holding companies, subsidiaries, or related entities (collectively or individually referred to as "we," "us," or "our").

Your use of and access to this Website are subject to these terms and conditions ("Terms"), as well as our Privacy Policy. By using our Application or Website, you agree to be bound by these Terms, along with any other notices, disclaimers, or terms and conditions issued or authorized by us that appear on the Website. Please read these Terms carefully.

Terms and Conditions of Use

  1. We are a company incorporated in Australia, and these Terms are governed by and subject to the laws of Victoria, Australia.

  2. The Terms or the Website may be amended at our discretion and without notice to you. Any changes to the Website or the Terms will take effect once posted on the Website. By continuing to use the Website, you agree that it is your responsibility to review this page periodically for updates to the Terms.

  3. If you object to any part of these Terms, you must not use the Website.

Limitations on Use

  1. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or its content. Nor may you use any network monitoring or discovery software to determine the Website's architecture or extract information about usage, individual identities, or users.

  2. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes any portion of the Website or its content without our prior written permission.

Use of our contact details

  1. Our contact details, or those of our staff or any other person, may be published on the Website. This publication does not imply consent by us, or any other person whose details may be published, to receive unsolicited commercial electronic messages.

General warning

  1. Information provided on this Website may be general advice and does not take into account your personal needs or circumstances. You should carefully consider your own needs before acting on any advice contained on this Website.

  2. You should not act or refrain from acting solely based on the material contained on this Website.

  3. Except where otherwise specified, material on this Website does not constitute a solicitation or inducement to purchase any products or services offered by us.

Access and Security

  1. You acknowledge that continuous access to the Website is not guaranteed and that you may encounter errors in your use of the Website from time to time.

  2. We disclaim any liability in the event that our Website is unavailable for any reason (including but not limited to computer downtime due to malfunctions, upgrades, server problems, preventative or remedial maintenance activities, or interruptions in telecommunication services).

  3. We may terminate or deny your access to the Website if, in our opinion:

    • There is a risk to the security of the Website;

    • Your account is being used for unauthorized or unreasonable access to the Website;

    • You have otherwise breached the Terms.

  4. You agree to keep any access credentials we provide confidential. These credentials are for your use only unless otherwise specified.

  5. We reserve the right to:

    • Investigate or take appropriate steps to report any behavior we believe is in breach of these Terms;

    • Disclose any such behavior to law enforcement, regulators, or other third parties;

    • Disclose information including but not limited to your IP address, user profile details (including your email), and usage history (including internet traffic details and any content you have posted).

Disclaimer and Limitation of Liability

  1. You acknowledge that your use of this Website is at your own risk, and we:

    • Cannot guarantee the safety or security of your computer;

    • Do not accept liability for the loss or corruption of data or damage to your computer system arising from your use of the Website;

    • Expressly disclaim responsibility for any loss, injury, claim, liability, or damage, including indirect, incidental, special, or consequential damages, resulting from:

      • Errors or omissions on the Website, including technical inaccuracies or typographical errors;

      • Third-party websites or content accessed through links on the Website;

      • The unavailability of the Website or any portion of it;

      • Your use of the Website or any equipment or software in connection with the Website.

  2. The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you that cannot be excluded or modified ("Non-excludable Rights"). Except for these Non-excludable Rights, all other conditions and warranties implied by law are excluded.

  3. Our maximum aggregate liability for all proven losses, damages, and claims arising from the Terms is limited to an aggregate amount of $1,000,000.

  4. This Clause also applies for the benefit of our directors, staff, agents, and any third parties engaged by us, and may be enforced by them directly against you.

Intellectual Property

  1. Except where otherwise indicated, we are the owner (or authorized by the owner to use) of any intellectual property (including copyrights, database rights, patents, or trademarks) that appears on the Website. Your use of the Website does not grant you any rights or licenses to use any intellectual property.

Links

  1. You may link to the Website provided that:

    • The link does not suggest any connection between us and your content or imply our endorsement of your products;

    • You do not present the links in a manner that may cause us embarrassment.

  2. Links to other websites are provided for your convenience. We do not endorse or approve the content of any linked websites and are not responsible for their content or practices.

Indemnity

  1. You agree to indemnify us and our officers, agents, employees, directors, licensors, and third-party suppliers against any damages, losses, or expenses incurred as a result of your violation of these Terms.

  2. You also agree to indemnify us against any claims that the information or material you provide to us violates any law or infringes third-party rights, including but not limited to defamation, privacy, breach of confidence, or intellectual property infringement.

Confidentiality and Privacy

  1. Your use of the Website and the personal information you provide are subject to our Privacy Policy, which is incorporated by reference into these Terms. You are responsible for the accuracy and content of the information you provide to us.

Severability of Provisions

  1. If any part of these Terms is deemed unlawful, void, or unenforceable, that part shall be severed, and the remaining Terms will remain valid and enforceable.

Termination

  1. These Terms are effective until terminated or amended by us. Termination may result in you losing access to the Website, but any restrictions on you or disclaimers and limitations of liability contained in these Terms will survive. Any legal rights accrued by us against you up to the date of termination will remain unaffected.