Terms and Conditions
This website and all associated pages is operated by Stocks In Value Pty Limited A.C.N. 162 644 724 (Trading as Clime Direct). Stocks In Value is an Authorised Representative (Authorised Representative No. 436268) of Clime Asset Management Pty Limited ACN 098 420 770 (AFS Licence No. 221146) (Clime Asset Management).
Clime Direct is an interactive online service containing information supplied by Clime Investment Management Ltd, and third parties. Information is protected by copyright and is made available under license. Any unauthorised reproduction of this information is prohibited.
You must read and accept these Terms and Conditions of use in order to access the “user websites” (climedirect.com.au), their contents and other websites through links provided on this website. By accepting these Terms and Conditions of Use, you have confirmed that you have read, understood and agreed to be subject to its contents. A reference in these Terms and Conditions of Use to “the or this website” includes the user websites and websites linked to from the user websites.
Clime Direct reserves the right to change or remove any information provided on or via the user websites, including these Terms and Conditions of Use, at any time and without notice. Any change or modification to the Terms and Conditions of Use will be effective immediately upon posting an updated version of the Terms and Conditions on the Clime Direct website. It is recommended that you review the information provided on or via this website, including these Terms and Conditions of Use, periodically for changes.
The information provided on Clime Direct is intended for general use only and may contain general financial services advice. The information presented does not take into account your investment objectives, financial situation and advisory needs. Because of this, before acting on any of the information provided, you should always consider its appropriateness in light of your objectives, financial situation and needs.
Your use of information on this website or materials linked from this website is at your own risk. Under no circumstances should investments be based solely on Clime Direct information and you should obtain professional financial planning advice. You can view Clime Direct’s Financial Services Guide (FSG) here.
We endeavour to maintain the accuracy of data provided on the user websites, by using information prepared from a wide variety of sources, which Clime Direct, to the best of its knowledge and belief, considers accurate. However, Clime Direct makes no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability of the information provided on the user websites.
Clime Direct has made every effort to ensure the reliability of information contained in its newsletters and the user websites. All information only represents our view on a stock at the date of publication and not beyond that date.
Our publications may include our views on the future performance of a stock. These statements involve inherent business and market risks and uncertainties that may cause actual results or performance to differ materially from our views. Our views may rely on historical data and you acknowledge that past performance is not an indicator of future results.
Nature of the Service
While parent company – Clime Asset Management – provides input into our service, our conclusions do not represent their views. It therefore offers a variety of views on stocks, including a range of valuation techniques and rationale, that will not necessarily correlate with the valuation technique and rationale adopted by the Clime Direct team.
Commentaries published on the website represents the view of Clime Direct only at the time of publication, even if they are archived on the site. The less recent an article’s publication date, the more likely that the company’s circumstances and our view on that company may have changed. While we will endeavour to publish an article whenever our view on a company has changed, this will frequently not be possible, given the broad coverage we offer.
The site may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Any comments posted on a forum do not represent the views of Clime Direct.
Clime Direct offers a 30-day money back guarantee. If you are not satisfied with the quality of the service within 30-days of signing up and you cancel your subscription within that time we will refund any subscription fees paid.
By accepting these Terms & Conditions of Use, you have authorised us to arrange for funds to be debited from your account or that your credit card will be charged according to this agreement.
You will only be charged a fee if you enter into an agreed paid subscription.
All services are paid in advance. Clime Direct is aware of the need to ensure the security of your credit card details and to address this, our payment system is compliant with the Payment Card Industry (PCI) Data Security Standard.
An option may be provided to pay a monthly subscription, which may be priced at a higher rate.
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow payment to be made. If there are insufficient funds in your account, we reserve the right to pause or cancel your subscription until payment is made. If you have insufficient clear funds in your account and your bank or credit card providers charges any dishonour or other fees these will be to your account.
You may cancel your subscription at any time. If you cancel your subscription within the first 30-days of your subscription agreement, you will receive a full refund. At any time beyond the first 30-days of your subscription agreement, no refunds will be given for the unexpired portion of the term that you agreed to on signup.
You can purchase either online or via a phone transaction with confidence. We have partnered with reputable payment gateway providers, to accept credit cards and electronic funds transfers safely and securely for our customers. They manage the complex routing of sensitive customer information through the electronic funds transfer and credit card processing networks.
The payment gateway providers adhere to strict industry standards for payment processing, including:
- 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Industry leading encryption hardware and software methods and security protocols to protect customer information.
- Compliance with the Payment Card Industry Data Security Standard (PCI DSS).
Our payment gateway providers are:
- Clime Direct service: Authorize.net
- Clime Direct Professional service: IP Payments
Clime Direct does not retain a customer’s full credit card information on its servers, and it is not accessible to our employees.
Where a customer’s credit card information is stored, it is protected on secure, encrypted PCI DSS compliant third-party servers.
Your subscription will automatically renew at the end of your agreed paid subscription period. Regardless of your original subscription agreement, your membership will be renewed for an additional yearly membership, at the standard monthly rate advertised at that time. Your credit card or bank account will be charged on a monthly basis for a further 1 year term, following which your subscription will again auto-renew until you cancel your membership.
Notice will be given to your registered email address prior to auto-renewal around one-month and one-day before renewal.
You can cancel auto-renewal, at any time in advance of the renewal date, from the User Settings page of the user website or by notifying us by calling one of our client advisers.
We are proud of our product and offer a ‘complimentary trial’ of our services, with no obligation.
- A free trial gives you access to one of the subscription services or products offered by Clime Direct.
- No charge of any sort is made for this trial and there is no obligation to subscribe to Clime Direct services.
- The free trial is limited to one person per year per household. We will ask for your contact details but no credit card or other billing information is required to be provided to take part in this trial.
- You must provide a valid email address to gain access to the trial, where a password will be emailed to you. By registering for the trial, you consent to receiving email correspondence from us. You may unsubscribe from receiving emails from us at any time.
- Failure to provide correct and current contact details will be cause (at the discretion of an account manager) for the trial to be suspended.
- At the discretion of Clime Direct, additional free trials or an extended free trial may be granted to you.
Licence and Restrictions of Use
The subscription granted by Clime Direct is for the use of one individual or household only. If there is evidence that the subscription is being used by multiple parties, Clime Direct reserves the right to cancel your subscription and no refund will be paid for any unexpired portion of any paid subscription.
If you wish to use multiple persons to have access to Clime Direct, please contact Clime Direct to discuss a corporate subscription.
You must not:
- unless otherwise permitted by law allow or cause a third party to copy any part or all of the Clime Direct website, information or outputs generated from using Clime Direct;
- assign or grant sub-licences of any of its rights under these Terms and Conditions of Use or permit third parties to use this service without the consent of Clime Direct;
- provide Clime Direct either directly or indirectly to any third party without the consent of Clime Direct;
- exploit Clime Direct otherwise than as permitted under These Terms and Conditions of Use; or
- distribute or copy any research, articles/publications or valuations provided by Clime Direct without the consent of Clime Direct;
- f. use Clime Direct in any Web Application.
Holding and Trading Transparency
In the interests of transparency, where the author of an article holds a stock discussed in that article, Clime Direct will disclose that interest at the time of publication. Clime Direct will also require that this disclosure will also apply to third party contributors to StocksInValue, and where someone makes a significant contribution to the thinking of an article, without actually writing it (eg, via interview). This disclosure will generally be found at the top of the webpage on which the publication can be found, but could be located elsewhere.
Clime Direct will also supply this disclosure where a stock is held in a portfolio managed by Clime Asset Management.
Where relevant Clime Direct staff trade their securities, this will be recorded to comply with ASIC regulations.
Clime Direct aims to provide 100% uptime of our service, but there is always a possibility that an unforeseen outage might occur. StocksInValue is reliant on a number of third party service providers. While we have carefully selected our providers, there is a risk that their service will be interrupted, and in turn, cause an interruption to the services of Clime Direct.
Where possible, Clime Direct will give notice of any downtime, such as maintenance, and will endeavour to conduct these activities in periods of low client use.
Browser and Operating System Compatibility & Support
As with all internet sites and applications, the display and use of the service can differ between browsers and operating systems. Amongst more common browsers and operating systems, we will continually test and optimise the experience of the service.
Clime Direct commits to support the use of the service on the following recent ‘versions’ of common internet browsers
|Google Chrome||25 or later|
|Microsoft Internet Explorer||8.0 or later|
|Mozilla Firefox||24 or later|
|Safari||5.0 or later|
Clime Direct commits to support the use of the service on the following operating system versions
|Microsoft Windows 7||All|
|Microsoft Windows 8||All|
|Mac OSX||Snow Leopard or later|
We recommend that you use one of these listed browsers and operating systems, and where possible, upgrade your service to the latest version. If you do not, we recommend that you determine the suitability of our product within your chosen browser and operating system configuration during your obligation free trial.
As a subscriber to Clime Direct, you consent to receiving email correspondence from Clime Direct, as well as from our parent company, Clime Asset Management and its related body corporate. You may also choose to receive selected third party offers that Clime Direct may negotiate for our customers – these emails will be sent by Clime Direct and third party companies will never receive your email address or personal details. You may opt out of receiving any category of emails at any time by visiting the User Settings page of the Clime Direct website.
Comments and Forum Usage
- The user forum is only available to members of the Clime Direct Product
- Clime Direct welcomes your participation in the forum, but we reserve the absolute right to moderate or delete comments made on the site
- Without limiting our absolute right to moderate or delete comments, our guidelines for comments that should not be included on the site, are those that:
- Are derogatory
- Are, or appear to be, misleading or deceptive
- Are defamatory
- Make assertions about companies, stocks, individuals, or the Clime Direct product that appear to ignore or disregard comments, facts or other content presented on the site or forum
- Are repetitive or unrelated to the relevant forum topic
- Moderation may require comments to be approved prior to publication on the site
- As a member of the website:
- You are personally responsible for your comments and any of the Information on the website you contribute to. Therefore, You should not include any misleading or deceptive information in your comments and not carry out illegal or unauthorised activities using this website. Information in comments may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you.
- If you include hyper-links to third party websites, You may be seen as endorsing the material on such websites. 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.
- 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 comment.
As a subscriber of Clime Direct, you can expect to receive technical phone support concerning how to use and understand the product, from 9am – 5pm EST on weekdays (excluding public holidays and in the period between Christmas Day and News Year’s Eve).
Subscribers to the service, can discuss stocks with a client adviser on a strictly limited “general advice” basis. The client adviser can be accessed once per month, or more frequently, if there is sufficient availability of client advisers.
Intellectual Property Rights
- You acknowledge that you have no rights of ownership in Clime Direct.
- Clime Direct retains all rights (including copyrights, trademarks, patents as well as any other intellectual property rights) in relation to all information provided on or via this website. You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form without the prior written consent of Clime Direct or the appropriate consent of the owner. However, you may print out and/or download information contained on this website for your own personal and non-commercial use.
- All Intellectual Property Rights in or to Clime Direct are the property of, or vest on creation in, Clime Direct, including as an assignment of future copyright.
Clime Direct is excused from performing its obligations to the extent it is prevented by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war, riots and strikes.
If anything in these Clime Direct Terms and Conditions of Use are unenforceable, illegal or void then it is severed and the rest of these Clime Direct Terms and Conditions of Use remain in force.
- Clime Direct is not responsible for the accuracy or content of third party websites that may have links from this website. In creating hypertext links to any other websites Clime Direct is not recommending that website or giving any assurances as to its standing. The use of such links is entirely at your own risk and Clime Direct accepts no responsibility or liability for the content, use or availability of such websites.
- Testimonials are provided by third parties for information purposes only and are not intended to be financial product advice. They do not represent opinion or advice from Clime Direct. Information provided may not be appropriate to your particular circumstances. You should consider obtaining your own independent advice before making any decision.
- Clime Direct make no representation and give no warranty as to the accuracy, reliability, completeness or suitability of the information provided on or via this website and do not accept any responsibility for any errors, or inaccuracies in, or omissions from information provided on or via this website; and shall not be liable for any loss or damage howsoever arising (including by reason of negligence or otherwise) as a result of any person acting or refraining from acting in reliance on any information provided on or via this website.
- No reader should rely on information provided on or via this website, as it does not purport to be comprehensive or to render personal advice.
- This disclaimer does not purport to exclude any warranties implied by law that may not be lawfully excluded.
- Clime Direct makes no warranties or representations, express or implied, as to whether information provided on or via this website is up-to-date. Clime does not represent or warrant that this website functions without error or interruption.
- We receive data from third parties including ASX Operations Pty Limited and other relevant exchanges and bodies. The material supplied may be subject to a claim of copyright and is published under licence from that company. Third party suppliers 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 them.
Governing Law and Jurisdiction
No information, advice, or offers on this website are intended for any person outside Australia. Offers from this website can only be accepted by a person who is within Australia. Unless specifically stated otherwise, currency references in this website are references to Australian dollars only.
This agreement is governed by the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.