To use the TopStocks website, you must agree to abide by the terms of use set out below.

TopStocks.com.au Disclosure and TERMS OF USE

These TERMS OF USE are provided in compliance with the ASIC INTERIM POLICY STATEMENT 162 INTERNET DISCUSSION SITES and as notice, rules and regulations of TopStocks.com.au Pty. Ltd.

THESE TERMS OF USE IS AN AGREEMENT BETWEEN YOU ("You") AND TopStocks Enterprises Pty. Ltd. (ACN: 115 513 927) ("We/Us/TopStocks.com.au")

These TERMS OF USE apply to TopStocks affiliated websites located at www.TopStocks.com.au and www.TopStocks.co.in and any partner/sister website such as international TopStocks sites (the "Website") and any email communication originating from the Website ("Emails"). "You" or "Your" refers to the person using this Website. These TERMS OF USE describe the rules, understanding and terms of using the Website. TopStocks.com.au reserves the right to change these TERMS OF USE at any time and such changes will be made available on the Website at which time the changes are made effective. Each time You login to the Website, You will be presented with the most recent version of this TERMS OF USE of which You must agree to before accessing the Website.

YOU MUST AGREE AND UNDERSTAND THE INFORMATION CONTAINED HEREIN BEFORE PROCEEDING AND YOU ARE DEEMED TO HAVE UNDERSTOOD AND ACCEPTED UPON PROCEEDING FURTHER:

(i) TopStocks.com.au does not endorse or vouch for the accuracy or authenticity of postings or any information made available on this Website either by members to this Website, or by the systems used in maintaining the Website such as scripting, databases and email communication.
(ii) You confirm that You are NOT a licensed investment adviser nor do You represent a licensed advisor. Under no circumstances are You to use this Website if You are either a licensed investment advisor or represent a licensed investment advisor. If TopStocks.com.au believes in fact You are an investment advisor or representing such, Your account will be terminated immediately and other TopStocks.com.au members will be notified on the general posting forum of Your account termination.
(iii) All information on the Website including Member Postings, Member Sentiments, Member Favourites, Member Grades, Member Ranking, Member Private Messages, Text or other media such as Images and any information where the thoughts of TopStocks.com.au members are expressed (either singularly or in a condensed consensus manner) ("the Information") are AT BEST general information and is NOT professional investment advice. Therefore, before acting on the basis of ANY of the Information presented on this Website, You should:

a) Consider consulting a licensed advisor (ASIC's Website at www.asic.gov.au has a list of licensed advisors).
b) Visit ASIC's Website at www.watchdog.asic.gov.au for general guidance about investing.
c) Acknowledge that You undertake Your investment at Your own risk and You are personally responsible for Your decision.

(iv) We take no responsibility for the accuracy and authenticity of the Information presented in any form on the Website. Members on the Website are individually responsible for the accuracy and authenticity of their postings.
(v) Due to the nature of the internet, it may be hard to identify or locate people posting to the Website. This person may be also in an overseas jurisdiction, so it may be hard to take any legal action against them.
(vi) You understand You have NO ACCESS to ASIC-approved dispute resolution schemes to recover any losses You may suffer by relying on the Information contained on the Website.
(vii) Securities cannot be offered to You for sale or issue through postings on the Website.
(viii) It is advisable that You alert Us or ASIC Infoline on 1300 300 630 if You have good reason to suspect that any of The Information is inaccurate, is based on inside information, or is likely to mislead or deceive people who view or use the postings.

AS A MEMBER OF THIS WEBSITE:

(i) You are personally responsible for Your postings and any of the Information on the Website You contribute to. Therefore, You should not include any misleading or deceptive information in Your postings and not carry out illegal or unauthorised activities using this Website. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against You.
(ii) 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.
(iii) 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 posting.
(iv) If We find or reasonably suspect You are making illegal or unauthorised postings, Your right to make postings will be withdrawn.

UNDERSTANDING OF THE TERMS OF USE:

We provide this Website and The Information made available on it as a service to You. You therefore are subject to this TERMS OF USE. The Terms of Service may be updated by Us at anytime without any notification given to You. Additionally, when using any feature of this Website, both You and Us are responsible to all guidelines or rules applicable to the services we provide to You and the manner in which You conduct Yourself while using this Website.

DESCRIPTION OF SERVICE PROVIDED TO YOU BY US:

We provide You (and other members to the site) access to the following features at NO COST:

1. Forums for the discussion of ASX related stocks and discussion topics.
2. A numeric ranking assigned to Your account and to other members of TopStocks.com.au.
3. Access to view the general sentiments for each stock discussed on the forum.

Nowhere in the NO COST service mentioned above are we providing investment or financial advice of ANY sort and by accessing this Website, You agree and understand that You are not accessing the Website to obtain investment of financial advice of any sort.

We provide You (and other members to the site) access to the following features AT A COST determined by us:

1. The FREE service for which all members have access as described above.
2. Access to view other member's personal statistics.
5. Access to the stock favourites, member post favourites and member sentiment favourites which is collation of members posts, rank, tip and bets, sentiments and other information provided solely by members and without ANY proprietary formula placing any bias to any technical or mathematical consideration.

Nowhere in the AT A COST service mentioned above are we providing investment or financial advice of ANY sort and by accessing this Website, You agree and understand that You are not accessing the Website to obtain investment of financial advice of any sort.

TopStocks.com.au reserves the right to offer the paid service at a lower or higher cost or for no cost at all. Paid accounts are non-transferable for cash or any other asset. TopStocks.com.au is in no way obligated to refund monies to You for any purchase unless otherwise stipulated by the Office of Fair Trading, QLD.

As a result of being a member of this Website, We require to send You Emails for many different reasons to ensure the smooth operation of this Website. You understand by accessing this Website You will receive Emails relating to Your member account for which there will be no OPT OUT facility. You are OPTING IN to receive these Emails by accepting these TERMS OF USE. TopStocks.com.au may send out Emails for which the sole purpose is advertising. You are able to unsubscribe from TopStocks.com.au at anytime by modifying your account in the 'update preferences' under 'my account' section.

We offer this Website AS IS and we assume no responsibility for the accuracy, error, timeliness, omission or failure of any kind, either technical or perceived. Any third party fees that arise from the use of this Website are YOUR responsibility (such as ISP, bandwidth or hardware costs).

YOUR OBLIGATIONS AS A MEMBER OF THIS WEBSITE:

You represent that You are AT LEAST 18 years of age and are in a legal position to form a legally binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to provide a true representation, and keep that information updated, when registering with the Website. If You provide any untrue or inaccurate information during the registration process or We reasonably suspect that untrue or inaccurate information has been provided by You during the registration process, We reserve the right to suspend or deactivate Your membership account WITHOUT refund of any monies paid.

If You show this Website to another person or entity, You must ensure that person or entity agrees to the TERMS OF USE.

All Content (namely, information, text, data, photographs, graphics or other materials) whether publicly posted or privately transmitted, are the responsibility of the person/member from which such Content originated. This means that You, and not Us, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via this Website. Although we monitor the content transmitted through this Website, we cannot fully control all posted content and as such cannot and DO NOT guarantee the accuracy, integrity or quality of such Content. You understand that by using this Website, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.

You agree to not use the Website to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable - this includes posting hyper-links to such content.

2. Harm minors in any way - this includes posting hyper-links to such content;
3. Impersonate any person or entity, including, but not limited to, a staff member of the Website, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4. Forge headers, manipulate URL strings or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation.
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, Australian Securities and Investments Commission, any rules of any national or other securities exchange, including, without limitation, the Australian Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. "Stalk" or otherwise harass another;
13. Collect or store personal data about other users;
14. Post content that is original to You and does not violate any copyright or rights to any third party.
15. You will not promote through the use of this Website any external website.
16. You will not attempt to undermine or manipulate the ranking system used throughout this Website.

You acknowledge the Moderator has the right to ban you from posting in a particular forum or forums (including replying to other member's posts) based on your posting history or other factors TopStocks deem appropriate to consider.

You acknowledge that We may or may not pre-screen Content before it is published to the Website, and that We and those We designate have the right at their discretion to pre-screen, refuse or alter the Content that We feel violates ANY part of this contract between You and Us.

You understand and agree to bear all risk and evaluate all options associated with the Content on this Website, including any reliance of completeness, accuracy and usefulness of the Content on this Website, this includes Content created by US and/or the computer programs We have developed and used to generate the Information.

You agree and understand that We may access, record, maintain and disclose Your personal account information and Content if required to do so by law or with the best of intentions that such action is necessary to a) comply with legal proceedings b) Enforce this agreement c) Respond to claims that any Content violates the rights of third-parties d) Respond to third party claims of malicious use of content e) Respond to Your request for customer service and f) protect the rights, property and safety of the Website, its members and the public at large.

You understand that the technical processing and transmission of the Website, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

In no way are You to attempt to manipulate, override or circumvent the flow of rules embedded into this Website. Any reproduction, publication or further dissemination of the materials provided on this Website, either in part of in full is STRICTLY prohibited.

OUR PRIVACY POLICY

As a member of our Website, some information You offer to us is recorded and stored. For more information, please see our privacy policy for which a link is provided at the bottom of the Website. You are responsible for maintaining the integrity of Your membership account (including Your username and password). If You feel Your account has been compromised, You must notify us IMMEDIATELY.

YOU MUST log out from our Website at the end of Your session. We are not responsible for any loss or damage arising from Your failure to keep safe Your account details and use the Website in a secure mode.

INTERNATIONAL VISITORS

This Website is intended for AUSTRALIAN audiences only. If You are accessing this Website from outside Australia, we make no claim this Website operates under the local law in Your country and therefore place the onus on You to determine the suitability of accessing this Website from the country of access.

AWARDS, COMPETITIONS, CONTESTS AND GIVEAWAYS

TopStocks.com.au from time to time offers awards and giveaways for member activity on the Website. All such contests, awards and giveaways are subject to their own specific rules, terms and conditions as set forth for that particular award, contest or giveaway. Unless specifically noted otherwise in the rules for the particular award, contest or giveaway, the following rules and requirements apply to all awards, contests and giveaways.

1. You must be a website member to participate.
2. To be eligible for any award, competition or giveaway, You must be a member of TopStocks.com.au.
3. TopStocks.com.au employees, shareholders, directors and their immediate family members are not eligible to participate.
4. You are solely responsible for all taxes and liabilities associated with any award You are in receipt of from TopStocks.com.au.
5. You may not participate if the country or state in which You reside prohibits such contest or award. In addition to this clause, You may not participate and TopStocks.com.au has no obligation to fulfil to make any award or giveaway if the making of, or the receipt of such award would violate any applicable law or regulation.
6. TopStocks.com.au may take all steps necessary to prohibit manipulation or interference with any award, contest or giveaway, including, but not limited to the adjustment of the specific rules and/or the disqualification of a member.
7. TopStocks.com.au may disqualify a member who is deemed, at the sole discretion of TopStocks.com.au, to have broken any part of these TERMS OF USE and the specific rules associated with the specific award, contest or giveaway.
8. The judge of every award, contest or giveaway is TopStocks.com.au. The judge's decision is final and no correspondence will be entered into.

ADVERTISING / SPONSORS

TopStocks.com.au may include advertisements for products and services offered by other companies and in return may be paid for doing so. TopStocks.com.au only accepts advertisers for products and services We feel benefits our member community however TopStocks.com.au does not endorse the product or services on offer by our Advertisers unless explicitly stated in any advertisement. The appearance of hyper-links, either through advertising, member postings or otherwise is either posted by TopStocks.com.au members, advertisers or as general site content. TopStocks.com.au does not endorse the content or websites located at the websites the hyper-link resolves to.

Members are not permitted to post negative comments or post personal experiences they may have had or are currently experiencing with TopStocks.com.au past, present and potential future advertisers or sponsors. Any posts also related to legal action or commercial agreements between a member and an advertiser or sponsor will be deleted.

EXCLUSION OF OWNERSHIP

TopStocks.com.au does not claim any ownership, either as intellectual property or copyright, over any of the Information submitted by You to the Website. You do however agree, by accessing the Website and agreeing to this TERMS OF USE, to offer TopStocks.com.au FULL worldwide and royalty free non-exclusive licenses for any transmitted Information by You. This licenses granted by You is perpetual and irrevocable by You. TopStocks.com.au may use, distribute, adapt, edit, modify, publish, translate and publicly display such Content (either in its entirety or in part) in future works or mediums currently known. You must not contribute any Information for which You do not have the legal rights to satisfy the granting of this license to Us and TopStocks.com.au may be forced to provide Your personal details under law to any third-party who makes any reasonable claim of ownership of any copyrighted Information You have submitted to the Website. This license excludes Information submitted by You in the Private Message area of the Website, direct personal communication with TopStocks.com.au staff members, directors and shareholders and any area of Information outside the TopStocks.com.au Website.

INDEMNITY

By agreeing to these TERMS OF USE, You agree to indemnify and hold TopStocks.com.au, and its subsidiaries, affiliates, agents, co-branded partners or any associates to TopStocks.com.au free from harm from any claim or demand, including reasonable solicitor or attorneys' fees, made by any third party due to, or resulting from, any Information You submit, post, transmit or make available, in any way, through the use of this Website, Your specific use of this Website, Your violation of this TERMS OF USE agreement or Your violation of any rights of another.

Furthermore, You agree that should You find any offending Information or Information on the TopStocks.com.au website that contravenes this TERMS OF USE, You will immediately notify by email moderator@topstocks.com.au and request the deletion of such material. You also understand and agree that We have 96 business hours to remove the offending material.

PRIVATE MESSAGES

Members are not permitted to post or make public the contents of Private Messages that they may receive from TopStocks.com.au staff or other members... without permission from the message sender. Doing so is a suspendable offense.

FEEDBACK FORMS

Members or TopStocks.com.au visitors who use feedback form feature, are not permitted to post or make public the contents of responded Feedback forms that they may receive from TopStocks.com.au moderators, owners, or staff without permission from the message sender (TopStocks.com.au Moderator, owner or staff member). Doing so is a suspendable offense and may also result in legal action. The contents of responded feedback forms are private and confidential between TopStocks.com.au and the feedback form sender.

NOT FOR RESALE OR REPRODUCTION

By accessing this website and agreeing to these TERMS OF USE, You agree not to reproduce in any way (duplicate, copy, sell, barter) the Information or service provided on the TopStocks.com.au Website in any portion, to any degree and for any commercial purpose. Because TopStocks.com.au derives its revenue from the Information contained in the website, You may be liable for damages if found in breach of this clause.

STORAGE PRACTICES

You understand that TopStocks.com.au may decide to remove Your content to free storage space on the Website server. TopStocks.com.au has no responsibility to retain or continue to publish the Information You submit on this Website. Additionally, TopStocks.com.au is not responsible to keep backups of Your Information in the unlikely event of loosing Information relating to technical difficulties. TopStocks.com.au also reserves the right to remove Your account if there is no activity under that account for a period of time deemed reasonable by TopStocks.com.au.

CHANGES TO WEBSITE

TopStocks.com.au has the full right to at any time to modify, remove or disable any feature or functionality of the website without notice. You agree to not make TopStocks.com.au liable to You or to any third party for any modification, suspension or removal of any functionality.

TERMINATION

You understand the TopStocks.com.au may without any prior notice, terminate Your account and access to the TopStocks.com.au website. Generally, the reasoning for such action is a perceived breach of this agreement, but may be also because a) You have requested TopStocks.com.au to remove the account, b) A government agency has requested as such, c) Accidental technical or security issues resulting in loss of data and d) reasonable periods of inactivity of the account. You agree that for whatever the reason (either listed in this clause or not) You shall not make TopStocks.com.au liable for any losses resulting from the removal.

TopStocks.com.au may terminate your account or suspend you for any of the following reasons: flaming, ramping, profanity, spam, defamatory comments, unauthorised advertising, unlicensed advice, duplicate account, insider trading, copyright, sexist remarks, racist remarks and blasphemous remarks.

CEO SPOTLIGHT

If You are a CEO answering questions posted by other TopStocks.com.au members, You agree to deem TopStocks.com.au NOT liable for any damages resulting from any Information You submit in answer to these questions and TopStocks.com.au strongly advises You to seek advice when submitting any Information to this Website to ensure You do not breach any ASIC or ASX stipulations and regulations, including the disclosure of Information for which the market is unaware.

If You are communicating with a CEO under the CEO SPOTLIGHT area You agree to not willingly manipulate or entice CEOs to divulge information that contravenes ASX or ASIC regulations. Failure to comply with this clause will result in Your account being terminated. If You are not aware of the ASIC or ASX regulations then please visit the ASX website at www.asx.com.au and the ASIC website at www.asic.gov.au.

CEO SPOTLIGHT

If You are a CEO answering questions posted by other TopStocks.com.au members, You agree to deem TopStocks.com.au NOT liable for any damages resulting from any Information You submit in answer to these questions and TopStocks.com.au strongly advises You to seek advice when submitting any Information to this Website to ensure You do not breach any ASIC or ASX stipulations and regulations, including the disclosure of Information for which the market is unaware.

If You are communicating with a CEO under the CEO SPOTLIGHT area You agree to not willingly manipulate or entice CEOs to divulge information that contravenes ASX or ASIC regulations. Failure to comply with this clause will result in Your account being terminated. If You are not aware of the ASIC or ASX regulations then please visit the ASX website at www.asx.com.au and the ASIC website at www.asic.gov.au.

RESIDENT EXPERTS

If You are a Resident Expert answering questions posted by other TopStocks.com.au members, You agree to deem TopStocks.com.au NOT liable for any damages resulting from any Information You submit in answer to these questions and TopStocks.com.au strongly advises You to seek advice when submitting any Information to this Website to ensure You do not breach any ASIC or ASX stipulations and regulations, including the disclosure of Information for which the market is unaware.

If You are communicating with a Resident Expert under the Resident Expert area You agree to not willingly manipulate or entice Experts to divulge information that contravenes ASX or ASIC regulations. Failure to comply with this clause will result in Your account being terminated. If You are not aware of the ASIC or ASX regulations then please visit the ASX website at www.asx.com.au and the ASIC website at www.asic.gov.au.

ADVERTISERS

Should You correspond or in any way conduct business dealings with any advertiser or third party company listed on the TopStocks.com.au website, including those listed in the CEO SPOTLIGHT area, You agree that TopStocks.com.au is not responsible for any loss or damage of any sort as a result of any such dealings or as a result of these companies advertising on the TopStocks.com.au Website.

AFFILIATES

By signing up to become an Affiliate of TopStocks.com.au, You must agree to the following Affiliate Agreement:

1. Limitation of Liability: TopStocks.com.au does not accept and will not be liable for direct, indirect, special or consequential damages, or any loss of revenue, profits or data, arising as a result of being an affiliate for TopStocks.com.au.

2. Independent Investigation: You acknowledge that You have read this agreement and agree to all its terms and conditions. You understand that TopStocks.com.au may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with Your website. You have independently evaluated the desirability of participating in the TopStocks.com.au affiliate program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

3. Best Practice: TopStocks.com.au tracks referrals from Your affiliate account by offering You a custom link (containing Your Affiliate Identification). For this tracking system to work, it requires a cookie to be set on the referred party's computer. Not all computers allow for cookies to be set and therefore Your referral may not be tracked in all cases. Additionally, other technical reasons may result in Your referral not being tracked. Being so, TopStocks.com.au offers no guarantee that any of Your referrals to the TopStocks.com.au Website will be tracked.

TopStocks.com.au does not guarantee the correctness, accuracy or availability of the TopStocks.com.au Affiliate reports provided to You on the Website.

4. Use Of Material: TopStocks.com.au offers You access to particular logos and trademarks belonging to TopStocks.com.au. Only media provided on the Website in the Affiliate Resource Center area may be used. The creation of additional logos, banners, graphics, movies, sound or any multimedia is expressly forbidden for use in the TopStocks.com.au Affiliate program without the written permission of TopStocks.com.au.

5. Scope: TopStocks.com.au offers the affiliate program for electronic use only (via email or website communication only).

6. Payment: TopStocks.com.au offers payment via cheque to the address and payee provided when registered and when the amount owed to affiliates is of a certain value. Alternative payment methods are not provided.

7. Customers: Customers who become TopStocks.com.au members are deemed customers of TopStocks.com.au. For this reason, TopStocks.com.au cannot provide names, addresses or other personal information of its customers to You. TopStocks.com.au does however provide the Username of the customer for which has been identified as being a referral from You. By accepting this agreement You make no claim to the ownership to any Customers of TopStocks.com.au referred from Your Affiliate account. TopStocks.com.au reserves the right to suspend or cancel any customer account, which may result in lack of payment to Your Affiliate account. TopStocks.com.au is responsible for all billing and reconciliation between itself and its customers.

8. Sole Responsibility: Using the HTML link and media we make available to You, You will establish links on Your site or in Your emails to the TopStocks.com.au site. You will be solely responsible for the development, operation and maintenance of Your site as well as for all materials appearing on it. Your responsibilities include without limitation all aspects of the technical operation of Your site (including the proper formatting of links so as to permit tracking of sales) and ensuring that the content of Your site does not violate or infringe the rights of any third party. TopStocks.com.au disclaims all liability for these matters and You shall indemnify and hold harmless TopStocks.com.au from and against all damages, claims and expenses relating to them.

9. No Spam Policy: TopStocks.com.au has zero tolerance for the sending of unsolicited emails to any person. If TopStocks.com.au has reasonable suspicion that you are sending unsolicited emails containing any of the TopStocks.com.au media (including trademarked assets) or any TopStocks.com.au affiliate links Your affiliate account will be terminated immediately.

10. Termination: TopStocks.com.au reserves the right to terminate Your affiliate account immediately if these terms and conditions are not satisfied by You. Accounts terminated by this clause are not entitled to outstanding payments due and no correspondence will be entered into.

Both You and TopStocks.com.au have the right to terminate this agreement at any time in writing. Upon termination of this agreement, TopStocks.com.au will issue final payment for any outstanding monies owed to You.

11. No Partnership: By agreeing to these TERMS OF USE does not constitute a partnership, joint venture, agency, franchise, sales representative or employment relationship between You and TopStocks.com.au. TopStocks.com.au is by no means indebted to You in any way. Both You and TopStocks.com.au are considered Independent contractors in this regard.

12. Proper Content: You may not join the TopStocks.com.au affiliate program if You are promoting the Website along side, in conjunction with or under the assumption of the following content provisions:
1) promote sexually explicit materials
2) promote violence
3) promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
4) promote illegal activities
5) otherwise violate intellectual property rights.

13. TopStocks.com.au Obligations: TopStocks.com.au will handle all customer services, including the taking, processing and fulfillment of orders, for customers who follow links from your site to the TopStocks.com.au site. TopStocks.com.au will be responsible for tracking all sales that come from links on Your site. You will receive a commission which will include GST for each successfully completed transaction total, during a session that originated from such a link. (No credit will be given for cancelled products or services.)

14. TopStocks FORCED IGNORE Function: From time to time, TopStocks.com.au may place a member on FORCED IGNORE with another member. This may be a mutual FORCED IGNORE or a one way FORCED IGNORE. Most of the time, this will be implemented to defuse member conflicts and tension. The TopStocks.com.au Moderator reserves the right to implement a FORCED IGNORE at any time and on any member for the appropriate reasons.

15. TopStocks TWITTER Uploads: TopStocks.com.au reserves the right to upload any post it chooses for promotional purposes to Twitter which may include uploading the username of the poster.

16. TopStocks Facebook Uploads: TopStocks.com.au reserves the right to upload any post it chooses for promotional purposes to Facebook which may include uploading the username of the poster.

TOPSTOCKS.COM.AU COMMERCIAL RIGHTS

You understand and agree the Website and any software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other copyright laws. You agree not create derivative programs, applications, documents or reports based on the Information or software contained on, or that forms a part of, the Website and any software used in connection with the Website. You also may not (either directly or indirectly) reverse engineer, attempt to manipulate, modify or alter in any form any source code, images, html, javascript and agree to use the Website solely through the interface provided at the Website.

TopStocks.com.au grants to You a personal and not-transferable, non-exclusive right to access the Website on any single computer at any one time. Any third-party persons viewing the Website while You are accessing it must also agree to this TERMS OF USE.

DISCLAIMER

You understand and agree that the following forms a part of this TERMS OF USE and Your agreement to such forms a condition of use of this Website.

1. You access this Website at Your own risk. All Information, functionality and purpose of the Website is provided as is and as it is made available. TopStocks.com.au in every way disclaims all warranties of any kind, either expressed or implied and including (but not limited to) the implied warranties of merchantability, appropriateness of service and non-encroachment.

2. TopStocks.com.au makes no expressed guarantee or warranty that a) the TopStocks.com.au Website will meet Your pre-conceptions or requirements, b) That the Website will be available 24 hours a day, c) that Website responds to requests in a timely, secure manner, or free or error, d) that the Information obtained from this Website is accurate or reliable, e) that the quality of any services, products and Information or other material purchased or accessed through Your use of this Website will be accurate, reliable or true, f) Any errors in the software (bugs) will be corrected.

3. Any Information downloaded or otherwise obtained through the use of this Website is done so at Your own will and risk. You are solely responsible for any damage to Your computer hardware, software and data and for any indirect damage caused to You personally, Your property or any third-part or the property of any third-party material cause as a result of Your accessing this Website.

4. NO ADVICE OR INFORMATION BE IT PRESENTED TO YOU ORALLY, WRITTEN, OBTAINED THROUGH THE WEBSITE OR OTHERWISE FROM TOPSTOCKS.COM.AU SHALL CONSTITUTE A WARRANTY ON BEHALF OF TOPSTOCKS.COM.AU.

LIMITATION OF LIABILITY

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EXCLUSIONS AND LIMITATIONS

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NOTICE

TopStocks.com.au provides notices to members, including notices of change to this TERMS OF USE, by email, post or on the Website.

TOPSTOCKS.COM.AU TRADEMARK

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GENERAL INFORMATION

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VIOLATIONS

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MISCELLANEOUS

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