Application Terms Conditions

You may choose to access or use this application by your own volition. By using this application, you have accepted the following Terms and Conditions, without any limitation or qualification.

Errors, Omissions and Availability
Class Super Pty Limited, Super-IP Pty Limited and Class Financial Systems (the organisation) makes every effort to ensure the information either contained or derived from this application is error free. The organisation does not warrant the accuracy, completeness, correctness or adequacy of the information in the application. All content is specifically provided for information purposes only and is not deemed as advice. The organisation recommends all users of the application obtain appropriate professional advice before using any information contained or provided by this application. The application is subject to change at any time without notice.

Use of Information
While all reasonable steps are taken in compiling the material for the application, making the information available using the world wide web and providing the information, the organisation, its partners, directors, employees, agents or its related bodies corporate is not liable in any way for any loss or damage suffered by you through use or access to this application. You are advised not to rely on, in any way, information provided as the basis for entering into any commercial, financial or other transaction.

Third Parties
Any information provided by a third party should not be construed as an endorsement, approval or recommendation by the organisation. Any links are provided for information and convenience.

Copyright
Except where permitted under the Copyright Act or other applicable laws, no information on the application may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without prior and written consent.

Data Services
Class Super receives data from a variety of suppliers including :

  • ASX Limited (“ASX”) A.C.N. 008 624 691, ASX Operations Pty Limited (“ASXO”) A.C.N. 004 523 782
  • FundData Pty Ltd (FundData) ACN 118 526 186, a company organised under the laws of Australia, with its offices at L4, 116 Military Road, Neutral Bay, NSW 2089
  • Dial & Chart Pty Ltd trading as Vest Data (Vest Data) ABN 66 068 830 633 of Unit 6, 68-70 Old Princes Hwy, Beaconsfield, Vic, 3807
  • RP Data Pty Ltd (RP Data) ABN 67 087759171 of Level 21, 2 Market Street, Sydney NSW 2000
  • FIIG Securities Limited (“FIIG”) ABN 68 085 661 632
  • Other Data providers that Class Super may use from time to time.

Class Super and its suppliers makes all reasonable efforts to ensure that the Data is made available for collection at the nominated time. Where a delay in transmission occurs, the Data will be made available for collection at the earliest practical time.

Notwithstanding any other provision, Class Super is not responsible for or otherwise liable for any communications, performance, security or data corruption problems, disconnection of transmission services or failures or delays in transmission in relation to telecommunications services and lines and other means of transmission provided by third parties.

Wherever Data is supplied by FundData, it is acknowledged that Class Super attributes the Data to FundData.

Wherever Data is supplied by Vest Data, it is acknowledged that Class Super attributes the Data to Vest Data. Information regarding Vest Data is available from http://www.vestdata.com/.

Data Terms for Third Party Data provided by FIIG

Where you are able to access Third Party Data provided by FIIG (or any of its licensors) via your use of our software:

  1. notwithstanding anything to the contrary in these Data Terms, you must comply with the terms of any agreement you have entered into with FIIG;
  2. to the maximum extent permitted by law:
    1. you agree, acknowledge and confirm that FIIG and Class Super (and their respective third party licensors) do not make any warranties, express or implied as to merchantability, fitness or any other matter;
    2. FIIG and Class Super (and their respective third party licensors) will have no liability to you or any third party for any errors, omissions or malfunctions in relation to any Third Party Data provided to you;
    3. you acknowledge that the Third Party Data is intended for use as an aid to institutional or professional investors, registered brokers or professionals of similar sophistication in making informed judgments concerning securities;
    4. you accept responsibility for, and acknowledge that you will exercise independent judgment in the selection of relevant Third Party Data, selection of the use or intended use of such Third Party Data, and any results obtained;
    5. FIIG and Class Super (and their respective third party licensors) will not be liable to you for any claim or demand against you by a third party;
    6. FIIG and Class Super provide access to the Third Party Data to you on an “as is” and “as available” basis only. To the maximum extent permitted by law, FIIG and Class Super exclude all warranties, whether express or implied, statutory or otherwise, except as set out expressly in these Data Terms or your agreement with FIIG or Class Super;
    7. without limiting paragraph f, FIIG and Class Super do not warrant that:
      1. the Third Party Data is accurate, current, complete and not misleading (whether by inclusion or omission); or
      2. the Third Party Data is of merchantable quality or fit for any purpose;
    8. any use of, or reliance on, the Third Party Data by you is undertaken entirely at your own risk; and
    9. although reasonable commercial precautions have been taken, FIIG and Class Super do not guarantee there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted;
  3. you undertake not to use Third Party Data for any other purpose or disseminate the Third Party Data further to any other third parties except as permitted under the terms of your agreement with FIIG;
  4. nothing in these Data Terms transfers ownership in, or otherwise grants any rights in any intellectual property rights in the Third Party Data to you;
  5. you acknowledge that:
    1. all intellectual property rights subsisting in the Third Party Data remains vested in FIIG (or its third party licensors) at all times; and
    2. you have no right, title or interest in the Third Party Data; and
  6. you acknowledge and agree that FIIG and Class Super:
    1. do not control the transfer of data over communications facilities, including the Internet; and
    2. are not responsible for any delays, delivery failures, or Losses resulting from such problems.

You must not:

  • Reverse engineer, disassemble, decompile, re-disseminate, redistribute, publish the Data or any part of the Data on the Web or public access without written permission from and/or its Information Suppliers. This includes but is not limited to Vestdata, Brillient, ASX and their information suppliers.
  • Establish, maintain or provide or assist in establishing maintaining or providing a secondary market.
  • Use or permit the use of the Data for any unlawful purpose.

You must:

  • Acknowledge that the Data and other information contained in the Data does not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act, 2001 and Corporations Regulations;
  • Acknowledge that the Information has been prepared without taking into account the objectives, financial situation or needs of any individual;
  • Acknowledge that before making any investment decision, an individual should consider the appropriateness of the advice to their circumstances, and obtain specific financial, legal and taxation advice; and
  • Acknowledge that all potential investors should obtain a Product Disclosure Statement (PDS) relating to the relevant investment Data and consider the PDS before making any decision to invest.
  • Ensure that only Authorised Person(s) use the Data and only for an Authorised Use and Distribution in accordance with the terms and conditions of this Agreement.

Customer Data
Class Super does not own any data or information that you submit to a Fund in the course of using the application (“Customer Data”). You, not Class Super, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Class Super shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.

Class Super Pty Ltd, ABN: 46 121 158 503, AFSL: 313512

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