Terms Of Service

1) Terms of Use

1.1 Your access to and use of this website is subject to these terms. Your use of this website constitutes your agreement to these Terms of Use.

1.2 You are only permitted to access and use the website for your internal business purposes in accordance with these terms and as permitted by applicable laws. As a condition of your use of this website, you must not:

a) use the website or its contents, except for your internal business purposes;

b) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website, except where permitted by law; or

c) commercialize any information, products or services obtained from any part of this website without the written permission of SMI.

2) Important Information About The Information On This Website **

2.1 Where practicable we take care to ensure the accuracy of information contained on this website (“Content”). However, because that Content is generally based on data and information that we obtain from third parties, we do not warrant, guarantee or make any representation regarding the use or quality or fitness for purpose of the Content. It may not be correct, accurate, reliable, complete or current.

2.2 You agree that: a) the Content is compiled by SMI from data and information that is obtained from third parties and that SMI is not responsible for any action taken by you in reliance on it;

b) any act or omission by you, that is based on any of the content, is at your own and sole risk; and c) the Content should not be regarded as providing financial product advice, does not constitute a recommendation and is not intended to influence any decision in relation to securities.

3) Usernames And Passwords

3.1 We may require you to register a username and password, or to provide other details, to permit you to access certain sections of the website.

3.2 You are entirely responsible for maintaining the confidentiality and security of your username and password and all use or activity that occurs on your account, including unauthorised use or activity. Furthermore, you agree to notify SMI if there is any unauthorised usage of your username or password.

3.3 SMI will not be liable for any loss that you may incur as result of unauthorised use of your username or password.

3.4 Except as otherwise expressly permitted by us, you may not access or attempt to access our computer system or other information contained on the system other than through the proper login provided to you.

4) Content That You Submit To Us

4.1 If you post content on this website, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable worldwide licence to use that content for any purpose, including marketing and promotion of our products from time to time. You agree that this includes a right to remove, modify, edit, crop, highlight and/or republish your content.

4.2 You must not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users. You represent and warrant that any content submitted by you does not infringe the intellectual property rights of any third party or constitute a misuse of any person’s confidential information.

4.3 We will determine what constitutes inappropriate content and this may be removed without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content.

5) Links

5.1 This website may contain links to other websites (“Linked Website”). Those links are provided as a convenience to you only and we do not warrant these links to be current or be maintained. The linked websites are not under the control of SMI and we are not responsible for the contents of any linked website. We do not endorse, approve or recommend the owner or operator of the linked websites or of any information, products or services referred to on those other sites unless expressly stated.

5.2 You must not create or maintain any link from another website to this website without the prior written consent of SMI.

6) Disclaimers

6.1 You expressly agree that the use of this website is at your sole risk. SMI makes no warranty in respect of any security measures and is not responsible for any misuse, loss and unauthorized access, modification and disclosure of information provided by you to SMI. The internet is not secure and we cannot guarantee that the website will be available or fault or virus free. To the extent permitted by law, SMI hereby disclaims all representations, warranties and conditions, whether express or implied, that the website, its content or SMI’s products:

a) will be error free;

b) will operate without interruption; or

c) are free of viruses, worms, Trojan horses, bugs or similar components.

6.2 SMI is not liable to you or third parties if interference with or damage to your computer system occurs in connection with use of this website or Linked Websites.

6.3 Any products or services that we sell or otherwise provide to you through this website will be provided on terms notified to you at the time of the sale or provision.

6.4 The law may confer rights and remedies on you in relation to the provision by SMI of this website or any of its products, which cannot be excluded, restricted or modified. To the extent permitted by law, SMI excludes all other terms implied by custom, law or statute and will not be liable for any damages (including direct, incidental, consequential, indirect or punitive loss or damages, or lost profits, lost data or business interruption) arising out of your access to, use of, or inability to access or use, this website or any of SMI’s products or any errors or omissions in or related to this website or any products. This includes damages to, or viruses that may infect, your computer equipment. For liability that cannot by law be excluded, SMI’s liability is limited to either supplying the services again or paying the cost of having the services supplied again.

7) Indemnifications

7.1 You agree to indemnify, defend and hold harmless SMI, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from any breach by you of these terms, or any activity related to the unauthorised usage of your username or password (including negligent or wrongful conduct) by you or any other person accessing the website using your username or password.

8) Privacy

8.1 SMI may make a record of your visit and log your visit for statistical and business purposes. Such information may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous site visited and the type of browser used.

8.2 If SMI requires you to complete an electronic form on this site and in doing so it requires you to enter personal information, SMI will collect that information to allow it to respond to your request.

8.3 SMI will only use personal information collected via this website in accordance with its privacy policy.

8.4 Please contact us if you have any questions or comments relating to our privacy practices or procedures, including requests for access to personal information, or if you believe that the personal information that SMI holds about you is incorrect, incomplete or inaccurate. You can reach us online at info@www.standardmediaindex.com. You can also reach us via postal mail.

9) Cookies

9.1 Similar to other commercial websites, this website uses ‘cookies’ to collect information about how this website is used.

9.2 A cookie is a small data file that is stored in the computer’s hard drive the first time a computer visits a particular website. A cookie will allow a web site to recognise the computer used to access the web site. Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at this website, and the websites visited just before and just after this website.

9.3 This website may collect personally identifiable information through the use of such cookies. Often a cookie may identify a user’s IP address, collects email addresses, mailing addresses and names. However, this information is collected on an aggregate basis and is only used to better understand your use of the website and improve the website.

9.4 You can change your cookie preferences by changing your browser’s preferences to disable cookies or delete cookies. However, disabling cookies may affect your ability to use this website.

10) Miscellaneous

10.1 We reserve the right, at our sole discretion, to alter these terms at any time. Your continued use of the website following any alteration means you accept the altered terms.

10.2 The terms are governed by the laws of the State of New South Wales, Australia. Accordingly, you submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and the courts of appeal from them.

11) Definitions

11.1 Throughout the website, the terms “you” or “your” refer to a user of the website including, in the case of any minor, the minor’s parent or guardian. This website is owned and operated by SMI Operations Pty Limited (ACN 137 995 718) (“SMI”, “we” or “us”).