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Terms Of Use

Welcome to the DSMRA website ("DSMRA") which contains websites owned, controlled and/or operated by the DSMRA ("DSMRA"). These include dsmra.asn.au and associated DSMRA Network Sites.

These Terms of Use are important. Please read them carefully before you continue to use the DSMRA.

THE FRAMEWORK

The following are the general terms and conditions which govern your use of the websites within the DSMRA. Additional terms and conditions governing your use as well as notices and disclaimers may apply to particular areas of the DSMRA or to particular features or transactions (Additional Terms). These general terms and conditions together with such Additional Terms where applicable, are referred to as the Terms of Use.
Your use of and access to the DSMRA is conditional upon your acceptance of and compliance with these Terms of Use and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories). Your use of and/or continued use of the DSMRA will make these general terms and conditions into a binding contract between you and DSMRA. By using areas of the DSMRA where Additional Terms are posted, you express your agreement to be bound by those Additional Terms. If you do not want to be bound by these general terms and conditions do not use the DSMRA. If you do not want to be bound by any Additional Terms applicable to particular areas of the DSMRA, do not use those areas. DSMRA reserves the right to amend the Terms of Use at any time at its sole discretion. Any changes will be published in this web document. Your use of the DSMRA will be subject to the most current version of the Terms and Conditions.If you become aware of misuse of the DSMRA by any person, please contact the DSMRA Network with your concerns at This email address is being protected from spambots. You need JavaScript enabled to view it.

ACCESS & USE

Content
All of the content featured or displayed on the DSMRA including, but not limited to, information, text, material, graphics, logos, photographs, audio and video material and stills from audiovisual material, software and advertisements (Content) is owned or licensed by DSMRA and related body corporate companies of DSMRA (Associated Companies) or other third parties and is protected by Australian and international copyright and trademark laws. 
Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, duplicate, republish, redisseminate, frame, upload to a third party, post, transmit or distribute (including by way of email, facsimile or other electronic means), translate, adapt, alter, decompile, disassemble, reverse engineer or create any derivative work of the Content in any way except as may be expressly provided for on the relevant DSMRA Website, or expressly authorised in writing by DSMRA. This means you are strictly prohibited from creating works or materials that derive from or are based on the Content including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. Strictly on the condition that you keep all Content intact and in the same form as presented on the DSMRA (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Links
The DSMRA contains links to other websites outside the DSMRA for your information and convenience and the inclusion of a link does not imply endorsement, investigation or verification by DSMRA of the linked websites. DSMRA makes no warranty or representation and you acknowledge that DSMRA is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You access any such websites entirely at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
In using the DSMRA you agree:

  1. not to disrupt or interfere with any other user's enjoyment of the DSMRA;
  2. not to disrupt or interfere with the security of or otherwise cause harm to the DSMRA; and
  3. not to collect or harvest personal information, including email internet addresses about DSMRA users.

Products and Services
You may be able to purchase products or subscribe to certain services through the DSMRA. These transactions will be governed by additional terms and conditions which will be brought to your attention at the time you attempt to purchase a product or subscribe to a service. You must read these additional terms and conditions. You will be asked to either "accept" or "decline" these additional terms and conditions. If you do not accept the additional terms and conditions you will not be able to proceed with the applicable purchase or subscribe to the applicable service, as the case may be.

COMMUNICATION FORUMS

Messages Posted to Forums
The DSMRA contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to the DSMRA, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (Forums). Your use of the Forums is subject to these Terms of Use and our Guidelines, as they are presented to you when you enter a Forum. 
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication) (collectively Messages) to the Forums. However, DSMRA accepts no responsibility whatsoever in connection with or arising from such Messages.
DSMRA does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by DSMRA prior to posting and do not necessarily reflect the opinions or policies of DSMRA. DSMRA makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless DSMRA reserves the right to prevent you from submitting Messages to Forums and to edit, restrict or remove such Messages for any reason at any time.
DSMRA assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time DSMRA chooses, in its sole discretion, to monitor the Forums, DSMRA nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that DSMRA accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Website by any other person.

You agree that you will not submit Messages to Forums that:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication or material that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to DSMRA that you are the rightful owner of such material or that you have first obtained permission from the rightful owner to submit the material; 
  • improperly assume or claim the identity, characteristics or qualifications of another person; 
  • are for purposes of spamming; 
  • contain any virus or other harmful component; 
  • are libellous, or an invasion of privacy or publicity rights or any other third party rights; or 
  • are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Intellectual Property in Messages
By placing a Message on a Forum, you grant to DSMRA a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (Licence) to do the following in respect of the information or material:

  • use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and 
  • sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The Licence also includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. By your acceptance of these Terms of Use, you expressly waive in favour of DSMRA and any other party authorised by DSMRA all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of DSMRA, you will execute and deliver to DSMRA such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Liability for Use of Forums
You agree to release DSMRA, its Associated Companies and affiliates together with their employees, agents, officers, directors and shareholders, from any and all liabilities and obligations whatsoever in connection with or arising from your use of Forums. You agree to indemnify DSMRA against any loss, claim, damage or action that DSMRA may suffer or incur as a result of any Message submitted by you.
If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them. You expressly acknowledge and agree that the Forums provide a means of public and not private communications. DSMRA reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Unsolicited Submissions
DSMRA does not actively monitor, use or access unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts for use by DSMRA. Therefore, any similarity between an unsolicited submission and any elements in any creative work of DSMRA or one of our Associated Companies including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to DSMRA via the DSMRA, however, these submissions become the property of DSMRA and may be used, copied, assigned, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we see fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against DSMRA, its Associated Companies or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Commissions
You acknowledge and agree that DSMRA may receive a commission or fee from a third party (including the operator of a DSMRA website or an advertiser on a DSMRA website) in relation to revenue earned by that third party from your use of the DSMRA (including any purchases you make or initiate through the DSMRA).

Advertising and e-commerce offers
The DSMRA contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. Some external third party websites may be co-branded by DSMRA, displayed within the DSMRA frames, include Content or include reciprocal links to the DSMRA. These features are provided for your convenience. If you use any such embedded hyperlinks or referral buttons, you take sole responsibility for the use of the external website. 
All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by the relevant DSMRA Member website, or its respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by DSMRA or the relevant Network Member, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Any product information or prices listed in websites in the DSMRA which are not specifically related to DSMRA products or services are the responsibility of the relevant retailer and are accurate at the time the retailer notifies DSMRA and/or the operator of that website. Such product information and prices are subject to change without notice by the retailer. DSMRA is not liable, and accordingly takes no responsibility, for the product information or prices or for changes to such information or prices, including where price changes have not been reflected on these websites.

Disclaimer and limitation of liability
While DSMRA does its best to ensure the optimal performance of the DSMRA, you agree that you use the DSMRA and rely on material contained in the DSMRA at your own risk. DSMRA may, from time to time, change or add to the DSMRA without notice. However, DSMRA does not undertake to keep the DSMRA updated. DSMRA will not be liable to you or anyone else if errors occur in the information on the DSMRA or if that information is not kept up to date.
Where any applicable legislation implies any term, condition or warranty into these Terms of Use or into DSMRA's relationship with you or otherwise gives you a particular remedy against DSMRA (Implied Terms) and that legislation or any other legislation prevents the operation of provisions excluding or modifying the application of the Implied Terms, then the Implied Terms will be deemed to be included in these Terms of Use. However, DSMRA's liability for any breach of an Implied Term will be limited, to the extent permitted by law, at DSMRA's option, to the following:

  • In the case of services supplied or offered through the DSMRA, the supply of the services again, or the payment of the cost of having services supplied again; or 
  • In the case of goods supplied or offered through the DSMRA, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Except to the extent that the Implied Terms are included in the Terms of Use, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to the DSMRA are excluded.

Subject to the Implied Terms:
DSMRA DOES NOT WARRANT that the DSMRA is fit for any particular purpose; that the functions contained in the materials in the DSMRA will be uninterrupted; that defects will be corrected; that the DSMRA is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the DSMRA. 
You acknowledge that DSMRA and its Associated Companies together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or network.
You acknowledge that DSMRA is not liable for any defamatory, offensive or illegal conduct or material found in connection with the DSMRA, including such conduct or material transmitted by any means by any other person. 
You acknowledge that DSMRA is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the DSMRA. 
You expressly acknowledge and agree that DSMRA does not exert control over users of the DSMRA (including individuals referred to on the DSMRA as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

Indemnity
You agree to indemnify and hold harmless DSMRA and our employees, contractors, officers and directors, from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the DSMRA.

Termination
The Terms of Use are effective until terminated by DSMRA. DSMRA may terminate this agreement and your access to the DSMRA at any time without notice. In the event of termination, you are no longer authorised to access the DSMRA, but all restrictions imposed on you, licenses and waivers granted by you and all DSMRA disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

Information on the Finance & Investor Websites
Information on the Finance & Investor Websites includes:

  • "Website Information" which is information provided by the website operator or by advertisers on the website. None of the Website Information constitutes personal financial product advice or a personal securities recommendation. Website Information on the Finance & Investor Websites is provided as a general information service only and should not be relied upon as a substitute for financial or other professional advice; and 
  • "Postings" which are Messages submitted by Internet users to Forums on the Finance & Investor Websites.

DSMRA does not assume or accept any responsibility for, and shall not be liable for, any Website Information or Postings on the Finance & Investor Websites.
None of the information on the Finance & Investor Website takes into account the objectives, financial situation or needs of any particular person. Before acting on the information on the Finance & Investor Websites you should first consider the appropriateness of the information, in the light of your own individual objectives, financial situation and needs. It is advisable to obtain appropriate advice from an appropriately authorised financial planner or investment adviser before making investment decisions based on the information provided on the Finance & Investor Websites. The Australian Securities and Investments Commission (ASIC) website at www.asic.gov.au has a list of authorized financial planners and advisers and offers general guidance about investment decisions.

Responsibilities for Postings to Forums
Authors of Postings are individually responsible for their Postings, including any alterations they make. If it is found that Postings are likely to be misleading, deceptive, unauthorised or illegal, the author's right to make Postings can be withdrawn. If you suspect that Postings are likely to be misleading, deceptive, unauthorised or illegal, you should report this to DSMRA and to ASIC.
You should be aware that either ASIC or people who rely to their detriment on Postings on the Finance & Investor Websites, may take action against the authors of Postings. The operator of a website Forum may be required to make information available to ASIC, including information about the identity of those making Postings and records of Postings and session information.

Third Party Advertisements
All third party advertising and referral buttons containing hyperlinks on the Finance & Investor Websites are paid for by the relevant third party advertisers and are not recommendations or endorsements by DSMRA or its respective directors or employees. You should refer to the third party for all relevant information, including complete information on that entity's investment adviser or dealer licensing status and license number.

GENERAL

Jurisdiction
These Terms of Use are governed by the laws in force on the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the DSMRA.

If you are unsure of your rights under these Terms of Use, contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it.