Terms of Service | Suubee Premium

Suubee

SUUBEE PTY LTD ABN 35 605 760 496

USER TERMS OF SERVICE

SUUBEE is a Corporate Authorised Representative of Sanlam Private Wealth AFSL 337927

INTRODUCTION

Suubee provides an interactive online platform allowing users to follow and learn from the trade transactions of independent financial traders and access market commentary. Use of Suubee is subject to these Terms of Service.

definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

1. 1. (a) ABN means Australian Business Number.
  2. (b) Account means a registered account within Suubee through which Premium Services and Trade Data can be accessed.
  3. (c) Additional Exposure means adding to a position in a Trader Related Account for which the Trader has an open Trade Deal
  4. (d) Agreement means the agreement formed between the User and the Company under, and on the terms of, these Terms of Service.
  5. (e) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Victoria, Australia.
  6. (f) Company means Suubee Pty Ltd ABN 35 605 760 496.
  7. (g) Confidential Information means any written or verbal information that:
    1. i A party informs the other party that it considers it confidential and/or proprietary;
    2. ii A party would reasonably consider to be confidential in the circumstances; and
    3. iii Is personal information within the meaning of the Privacy Act.

but does not include information that a party can establish:

1. 1. 1. iv Was in the public domain at the time it was given to that party;
    2. v Became part of the public domain, without that party’s involvement in any way, after being given to the party;
    3. vi Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
    4. vii Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
  2. (h) Customer means the User to whom Suubee is licensed to under these Terms of Service, which if in doubt shall be the named Account holder.
  3. (i) Customer Data means all information, data, code, documents and other such materials input into Suubee by the User (including personal trading history), but does not include derivative data (such as analytics).
  4. (j) Fee means any fee charged by the Company for using or accessing Suubee features and includes.
    1. i Trade Fee (single) being a Fee (expressed as Suubee token) charged to the User to access Trade Data of individual stock
    2. ii Trade Fee (quarterly or annual) means a Fee charged quarterly or annually to the User to access unlimited numbers of Trade Data
    3. iii Premium Information Fee means a fee charged annually to access the Suubee Premium Information Service.
  5. (k) Forum means the chat forum between the User and Trader accessible via Suubee only after payment of a Trade Fee.
  6. (l) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  7. (m) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
  8. (n) Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
  9. (o) Moral Rights means:
    1. i Moral rights pursuant to the Copyright Act 1968 (Cth);
    2. ii Or any rights analogous to the rights set out in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).
  10. (p) Premium Service means the premium service as set out in clause 1.4.
  11. (q) Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at http://www.suubee.com/privacy/.
  12. (r) Privacy Act means the Privacy Act 1989 (Cth).
  13. (s) Site means the Company’s website accessible at http://www.suubee.com/.
  14. (t) Standard Service means the standard service as set out in clause 1.3.
  15. (u) Stripe means the cloud payments platform accessible at https://stripe.com/.
  16. (v) Subscription Fee means a Fee charged by the Company for use of a Premium Account in accordance with pricing described on the Site, or as otherwise agreed between the Customer and the Company.
  17. (w) Suubee means the Company’s suite of tools, applications and services, known together as “Suubee”, licensed to the Customer under these Terms of Service.
  18. (x) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  19. (y) Tokens are the mechanism Suubee uses to record the number of Trade Data views the User purchases in advance.
  20. (z) Trade Data means the trading data on a Trade Deal, including entry price, stop loss, dates and times of partial closings, accessible to the User via payment of the Trade Fee.
  21. (aa) Trade Deal means a trade entered by a Trader within their Account that is verified and distributed by the Company through Suubee. Trade Deal verification confirms that there is a market transaction in the stock at the open and close prices. Suubee does not verify the liquidity available at the open and close prices
  22. (bb) Trader means an independent securities trader registered with Suubee that a User may follow using Suubee.
  23. (cc) Trader Related Account means any securities or derivatives trading account in which the Trader has an interest (direct or indirect) or is able to direct investment or transaction decisions.
  24. (dd) User means any Customer that uses Suubee.

1. 1. 1 USING SUUBEE

1. 1.1 General
  1. (a) The User agrees to use Suubee in accordance with these Terms of Service.
  2. (b) The User Account may access Suubee as one or more of the following access levels:
    1. i Standard Service – clause 1.3; and/or
    2. ii Premium Information Services – clause 1.4.
    3. iii Trader Service – clause 1.5
  3. (c) Suubee may permit or deny the User an Account with Suubee in its absolute discretion (a User may generally open an Account by registering via Suubee and accepting these Terms of Service).
  4. (d) Suubee is a platform connecting Users and Traders for informational purposes only and any information provided within Suubee is not to be interpreted as personal financial advice or recommendations. Investing always bears some risk and may result in the loss of money. Each User should seek personal independent financial advice before making any financial investment.
  5. (e) Suubee does not provide trading or execution facilities. To buy and sell securities a User must put in place arrangement separately from Suubee. Where Suubee provides general advice the User acknowledges it awareness that all general advice is provided without taking into account the User’s financial position, needs or requirements.
  6. (f) Unless otherwise specified in writing, the User agrees and acknowledges that the Company does not provide “personal financial advice” (as defined in the Corporations Act) through Suubee, and indemnifies the Company and the Traders from all claims made against the Company by the User in respect of such.
  7. (g) By accepting these Terms of Service, the User relinquishes any legal recourse against the Company and the Traders for any financial decisions made in the User’s personal capacity with reference to information obtained through a Suubee Account.
2. 1.2 Features

Suubee enables the User to access the following services:

1. 1. (a) Trade Notification
    1. i Receive a notification when a Trader, followed by the User, enters a Trade Deal to the Suubee platform or closes any part of a Trade Deal in the Suubee platform. Trade notifications include basic information of the particular Trade Deal (such as entry price and estimated stop loss order and market capitalisation), but without advice of the relevant stock or code.
  2. (b) Trade Data
    1. i Access the Suubee platform to access the full Trade Data of a Trade upon payment of a Trade Fee.
  3. (c) Trader Interaction (Forum)
    1. i Interact with Traders via the Suubee platform Forum and/or traders’ personal online newsfeed (such as Twitter).
  4. (d) Trade History
    1. i View a Trader’s past verified trade history of Closed trades through the Suubee platform
  5. (e) Trade Performance
    1. i Input personal trade information into Suubee to record overall personal performance.
  6. (f) Premium Information Service
    1. i Access a range of communications including webinars, events, meet-ups, competitions and Q&A sessions and market commentary
2. 1.3 Standard Service
  1. (a) A Standard service is free to set up and maintain and upon registration the User has access to the Site Features (a), (d), and (e) above and can follow Traders.
  2. (b) The User agrees and acknowledges that by opening an account, they agree to receive marketing material from the Company. The User acknowledges they can manage their account to opt in or opt out of receipt of marketing material through their account settings.

1.4 Trade Data and Trader Interaction (Forum)

(a) The User may pay a fee (Trade Fee) to gain access to the Forum Site Features

1.2 (b) and (c) above, for particular Trade Deals or advised by Trade Notifications.

(b) Payment of a Trade Fee is by either payment of a quarterly or annual subscription or by purchase of Tokens.

1. 1.5 Premium Information Services

1. 1. (a) The User may subscribe for a Premium Information Services by payment of a Fee to gain access to Market commentary services (webinars, scans, interviews and other talks provided through the Suubee platform).
  2. (b) The User agrees that any Market commentary webinars, interviews, scans and other talks provided through the Suubee platform are for educational and informational purposes only and are not personal financial advice or recommendations. The User relinquishes all legal recourse against the Company for any actions they take from such information, which is done in their personal capacity at their own risk.
  3. (c) The User acknowledges that Subscription Fees apply to a Premium Services and is non-refundable.
  4. (d) The features of Premium Services may be changed or limited from time-to-time by the Company.
2. 1.6 Trader Service

Upon completing a Trader Terms of Service agreement with Suubee, a User can enter Trade Data, create and respond to comments relevant to their Trade Data Forum and engage in Trader to Trader discussion.

1. 1.7 Forums
  1. (a) Upon payment of a Trade Fee, the User may engage directly with Traders via the online Forum.
  2. (b) The Company will moderate the online Forum for inappropriate behaviour.
  3. (c) The User must behave in a professional manner and must not harass, abuse, threaten and/or offend Traders or Users.
  4. (d) Any antisocial behaviour of the User will not be tolerated by the Company and will result in the immediate suspension and/or cancellation of the User’s access to Suubee.
  5. (e) The Forum is for educational purposes only to discuss Trade Deals and the provision of personal financial advice is strictly forbidden. The User must not rely on or treat any information obtained via the Forum as personal advice. Users should always seek independent financial advice before making an investment decision. Neither the Company nor Trader shall be held liable for any loss or profit incurred by the User resulting from their use of information obtained through the Forum in any way.
  6. (f) The User agrees to treat all information obtained via the Forum as Confidential Information under these Terms of Service. The User relinquishes all legal recourse against the Company and the Traders for any actions taken from information discussed in the Forum.
2. 1.8 Use of Suubee
  1. (a) The User agrees to use Suubee in accordance with any instructions provided by the Company, within Suubee and/or on the Site.
  2. (b) The User agrees they will not share any information obtained via Suubee with any other person or publish any information obtained via Suubee on any electronic medium.
  3. (c) The User agrees they will not share their logon credentials with any other person.
  4. (d) The Company has no liability to the Customer or any User that, without the Customer’s authority:
    1. i Imports or exports any data to/from Suubee;
    2. ii Searches for any information within Suubee; and/or
    3. iii Accesses any Customer Data via Suubee.
    4. 2 PAYING FOR SUUBEE ACCESS
3. 2.1 Trade Fee.
  1. (a) The Trade Fee (single or periodic) shall be as published on the Site, or as agreed with the Customer from time-to-time.
  2. (b) The User must pay for single Trade Fees through purchase of Suubee Tokens or through purchase of access for a period of time. Any number of Tokens can be purchased at any time. Upon requesting Trade Data with respect to one Trader’s Trade Deal, one Token is reserved from the User’s available Tokens. Upon closure of any part of a trade in notional profit (according the Traders verified Suubee Trade records), the reserved Token is no longer available to the User. Upon an unprofitable trade being closed the Token is returned to the User’s available Tokens. After paying to view Trade Data, the User can view Trade Data for that trade unlimited times. An additional Trade Fee is payable to view Trade Data for a trade created by another Trader. The User is warned if they have already purchased Trade Data in the same stock from another Trader. If the User proceeds, they will be charged a Trade Fee for each Trader’s Trade Data viewed when any part of the trade closed in profit.
  3. (c) When the User purchases Tokens, Suubee will arrange for the User’s credit card to be debited for an amount equal to the single Trade Fee to view Trade Data multiplied by the number of different views bought.
  4. (d) When the User subscribes to unlimited access to Trade Data for a period, Suubee, will arrange for the User’s credit card to be debited by the fee for the selected period.
  5. (e) Upon paying the Trade Fee (single or periodic) the User can access the Forum related to that trade for an unlimited number of times for as long as the trade remains fully open.
4. 2.2 Subscription Fee.
  1. (a) The Subscription Fee for access to Premium Information Services shall be as published on the Financial Services Guide, updated on the Site, or as agreed with the Customer from time-to-time.
  2. (b) The User must pay the periodic fee for access to Premium Information Services in advance for the selected period. .
5. 2.3 Fee Changes.
  1. (a) The Company may vary any Fees charged for periodic access, or introduce new Fees and charges, by giving the Customer written notice at least 1 month before the next debit is made if the fee price has changed. Those fees will apply from the beginning of the next subscription period (where applicable).
  2. (b) The Company may vary the Trade Fee charged to purchase Tokens at any time by changing the fee noted online. Users will be provided advice of a change to the Trade Fee on the Suubee website at least 1 month prior to the change.
  3. (c) If a User does not accept a change to any Fees, then it can simply terminate their Service via the website or by email to info@suubee.com. All subscriptions will be automatically rolled over unless they are cancelled (via the cancel function in the account setting tab) prior to the expiry period.
6. 2.4 Payments.
  1. (a) All Fees must be paid by the User providing valid credit card details from which Suubee will arrange a debit by its service provider for the fee
  2. (b) The Customer agrees to provide Suubee valid credit card details and debit authorisations. Suubee, will arrange to debit to the credit card in advance for any selected period of access or monthly in arrears for purchase of Tokens used to pay for Trade Fees.
  3. (c) All Fees will be processed using the Company’s third party online payment provider. When you enter your credit card details, you authorise us to pass those details to our third party payment provider, who will store those details and debit your card when instructed by us that a payment is due. The Company does not store the User’s credit card information.
  4. (d) Upon a payment being received, Suubee will issue the User a Tax Invoice.
  5. (e) The User acknowledges its responsibility to ensure the credit card details it maintains in its Suubee account are effective. The User acknowledges its responsibility to manage its account to select the Services for which a renewal fee may be charged.

1. 2.5 Currency.

All Fees are quoted in Australian dollars Transactions processed in an another foreign currency (such as US dollars or British pounds) will be for an amount equal to the Australian dollar Fee plus foreign exchange charges and costs.

1. 2.6 GST.

Australian GST is included in all Fees charged by the Company to the User. Unless expressed otherwise, all Fees are deemed inclusive of GST. The Company will provide the Customer by email, a Tax Invoice for any payments received from the User.

1. 2.7 Refunds.

Fees paid are not refundable other than as required by law.

1. 2.8 Late Payment.
  1. (a) Where the Customer does not pay any Fee as required, the Company will suspend immediately all User access to Suubee for that Service.
  2. (b) The Customer shall wholly remain liable for all unpaid Fees for the full duration of their term. Where a payment is received after the due date, Suubee will not refund any part of the Fee applicable to the period between the fee becoming due and the reinstatement of the Service.
  3. (c) The User agrees that the Company shall not be responsible or liable in any way for:
    1. i Interruptions to the availability of Suubee in the event of (a) above;
    2. ii Loss of any content or data in the event of (b) above.
2. 2.9 Suspension.
  1. (a) The Company may suspend the Customer’s access to any Service or their Account should any Fee be outstanding to the Company at any time or their Account is used in breach of these Terms of Service.
  2. (b) The company may suspend a user account indefinitely with no refund given for sharing their log on detail with another user
  3. (c) The Customer agrees that the Company shall not be liable in any way for any valid termination or suspension of the Customer’s access to Suubee.
  4. (d) The Customer agrees that the Company is not obliged to repay any part of any payment received for services where the Customer’s access is suspended.
  5. 3 TRADE DATA
3. 3.1 The User acknowledges and agrees that:
  1. (a) The Trade Data is based upon information completed by a Trader via Suubee);
  2. (b) Suubee cannot warrant that any Trade Data is an accurate and complete representation of any actual deal that could be made in any market. For example there may not be adequate market liquidity at a price. The Trade Deal and Trade Data is validated against market prices when entered. Trade Data does not include a number of units in the deal ;
  3. (c) The Trader has no obligation to execute a transaction represented by a Trade Deal in any market in any Trader Related Account prior to or after entering the details into Suubee.
  4. (d) If the Trader has a position in a security for which they have an open Trade Deal in Suubee, they will not execute a close in any Trader Related Account until after a closing Trade Deal is entered to Suubee except for Additional Exposure;
  5. (e) The Trader may take Additional Exposure to a position at any time at prices that differ from those applying to the relevant Trade Deal. The Trader may, but is not obliged to advise Additional Exposure is made through the relevant Suubee forum.
  6. (f) The Trader may close Additional Exposure for which they have an open Suubee Trade Deal at any time without creating a Suubee closing Trade Deal. The Trader may, but is not obliged to advise closure of Additional Exposure through the relevant Suubee forum or through a closing trade. This clause addresses situations where the Trader may day trade Additional Exposure while retaining a position taken relevant to a Trade Deal.
  7. (g) The User may not achieve the same prices in any market transaction as represented by Trade Data (ie different entry and/or exit price);
  8. (h) The Company shall be in no way liable for any loss suffered by the User executing a transaction on similar terms to a Trade Data or Trade Deal published in Suubee.
  9. (i) Suubee may limit the number of Users who can access Trade Data related to any particular security at any time at its sole discretion.
  10. (j) Suubee Trade Data will only be expressed in prices available on the ASX and will not provide prices of derivatives related to the head stock (eg CFD’s, Exchange Traded Options, Company issued options, warrants, other exchanges).
  11. (k) The time between a Trade Deal being entered to Suubee, an alert being received by a User and the User viewing the data may result in market prices differing from the data displayed, Suubee offers no guarantee that Trade Data prices will be available in any market.
  12. 4 CUSTOMER DATA
4. 4.1 The Company agrees to treat all Customer Data as Confidential Information under these Terms of Service,
5. 4.2 The Company accepts no liability for the content of Customer Data.
6. 4.3 Each User is responsible for the accuracy, quality and legality of any content entered by the User to Suubee and use of Customer Data.
7. 4.4 The Company shall not access, modify or otherwise deal with Customer Data except where required by compulsion of law or upon the User’s authority (such as to provide support for Suubee).
8. 4.5 The Company may suspend accessibility to Customer Data that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
9. 4.6 The User may access their Customer Data through the website to correct or update the data This includes the User’s election to opt in or out of receipt of marketing material.
10. 4.7 The Company may delete Customer Data from its systems on termination of these Terms of Service.
11. 4.8 The User agrees that Suubee may use Customer Data to identify customers invited to consider marketing offers and the User agrees that, subject to them opting out of marketing initiatives Suubee may make such offers.
12. 4.9 The User agrees and authorises Suubee to provide Customer Data to any regulatory authority upon being issued a valid direction to provide Customer Data.
13. 5 General conditions
14. 5.1 Licence
  1. (a) By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive, non-transferrable and revocable licence to access and use Suubee for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
  2. (b) The Company may issue the licence to the User on the further terms or limitations (including the number of Users or volume of use or transactions) as it sees fit.
  3. (c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.
15. 5.2 Modification of Terms
  1. (a) The terms of these Terms of Service may be updated by the Company from time-to-time.
  2. (b) Where the Company modifies the terms, it will provide the User with written notice on website at least 1 month before the change is effective, and the User will be required to accept the modified terms in order to continue using Suubee. , Continued use of the Service after being advised of a modification is the User’s acknowledgement of their acceptance of the modification.
16. 5.3 Software-as-a-Service (SaaS)
  1. (a) The User agrees and accepts that Suubee is:
    1. i Hosted by the Company and shall only be installed, accessed and maintained by the Company. Suubee is accessed using the internet and is not available ‘locally’ from the User’s systems; and
    2. ii Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to Suubee is available to the User unless expressly agreed in writing.
  2. (b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Suubee.
  3. (c) The Company shall not exercise its rights under clause (b) in a manner that would fundamentally decrease the utility of Suubee to the User, other than in accordance with the terms of these Terms of Service.
  4. (d) The User acknowledges and agrees that as a SaaS, the User is responsible for the quality and continuity of their internet connection. The User acknowledges that it will not hold Suubee liable for any loss or damage arising from any internet outage or delay compromising the User’s access to Suubee.
17. 5.4 Support
  1. (a) The Company shall provide the support services in the manner published on the Site and/or notified in writing to the User from time-to-time.
  2. (b) The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.
18. 5.5 Use & Availability
  1. (a) The User agrees that it shall only use Suubee for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
  2. (b) The User is solely responsible for the security of their username and password to access Suubee. The User shall notify the Company by email or the Contact us service on the website as soon as it becomes aware of any unauthorised access of its Account. The User will not share its username and password with any other person.
  3. (c) The User agrees to use the methods Suubee provides to recover lost or forgotten usernames or passwords and agrees that Suubee is not required to provide any particular method for this purpose.
  4. (d) The User agrees that the Company shall provide access to Suubee to the best of its abilities, however:
    1. i Access to Suubee may be prevented by issues outside of its control; and
    2. ii The User accepts the Company has no responsibility for the User’s ongoing access to Suubee.
19. 5.6 Privacy
  1. (a) The Company maintains a Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.
  2. (b) The Privacy Policy does not apply to how the Customer handles personal information. If necessary under the Privacy Act, it is the Customer’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law. What is the intent here?
  3. (c) The Company makes no warranty as to the suitability of Suubee in regards to the User’s privacy obligations at law or contract, and it is the User’s responsibility to determine whether Suubee is appropriate for the User’s circumstances.
  4. (d) Suubee may use cookies (a small electronic file) to improve a User’s experience while browsing, and sends browsing information back to the Company. The User may manage how its device handles cookies through its own browser settings.
20. 5.7 Data
  1. (a) Security. The Company takes the security of Suubee and the privacy of its Users very seriously. The User agrees that it shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  2. (b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
  3. (c) Storage. Data that is stored by the Company shall be stored according to accepted industry standards.
  4. (d) Backup. The Company shall perform backups of its entire systems in such manner, at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Customer Data from any period of time.
21. 5.8 Intellectual Property
  1. (a) Trademarks. The Company has moral, registered and unregistered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  2. (b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Suubee.
  3. (c) Suubee. The User agrees and accepts that Suubee is the Intellectual Property of the Company and the User further warrants that by using Suubee the User will not:
    1. i Copy Suubee or the services that it provides for the User’s own commercial purposes; and
    2. ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Suubee or any documentation associated with it.
  4. (d) Content. All content (excluding Customer Data) submitted to the Company, whether via Suubee or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Suubee.
22. 5.9 Disclaimer of Third Party Services & Information
  1. (a) The User acknowledges that Suubee Is dependent on third-party services, including but not limited to:
    1. i Banks, credit card providers and merchant gateway providers;
    2. ii Share exchanges;
    3. iii Telecommunications services (including internet service providers);
    4. iv Hosting services;
    5. v Email services; and
    6. vi Analytics services.
  2. (b) The User agrees that the Company shall not be responsible or liable in any way for:
    1. i Interruptions to the availability of Suubee due to third-party services; or
    2. ii Information contained on any linked third party website.
23. 5.10 Confidentiality
  1. (a) The Company agrees to keep all other Customer Data in the strictest confidence, and to the extent Customer Data is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
  2. (b) Each party acknowledges and agrees that:
    1. i The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
    2. ii It owes an obligation of confidence to the Discloser concerning the Confidential Information;
    3. iii It must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
    4. iv All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party;
    5. v Any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause; and
    6. vi The Confidential Information may be provided to any regulatory agency upon a legally enforceable request being made to the Company.
  3. (c) A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
    1. i Any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
    2. ii Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
    3. iii Any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
  4. (d) The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
    1. i Any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
    2. ii Any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
24. 5.11 Liability & Indemnity
  1. (a) The User agrees that it uses Suubee at its own risk.
  2. (b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances, in particular any trade deals resulting from the User’s use of Suubee. The Company is merely a source of trade information and market commentary. The User’s application of information derived from Suubee is their own individual choice and done at their own risk.
  3. (c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Suubee, including any breach by the User of these Terms of Service.
  4. (d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Suubee, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
  5. (e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
    1. i The re-supply of services or payment of the cost of re-supply of services; or
    2. ii The replacement or repair of goods or payment of the cost of replacement or repair.
25. 5.12 Termination
  1. (a) Either party may terminate these Terms of Service by giving the other party written notice.
  2. (b) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
  3. (c) Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 5.9, 5.10, 5.11, 5.13 and 5.14 survive termination of these Terms of Service.
  4. (d) Termination by a User must be made at least 7 days before a fee is charged for the subsequent period
  5. (e) Upon Termination, the User agrees that no part of any fee, paid in advance is refundable.
26. 5.13 Dispute Resolution
  1. (a) If any dispute arises between the parties in connection with these Terms of Service or any Service provided by Suubee (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
    1. i Includes or is accompanied by full and detailed particulars of the Dispute; and
    2. ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  2. (b) Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
  3. (c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  4. (d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  5. (e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements. Note you cant really cap the period for a dispute / Complaint being made after the causative event. delete
27. 5.14 Electronic Communication, Amendment & Assignment
  1. (a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  2. (b) The User can direct notices, enquiries, complaints and other communications to the Company as set out in the Financial Services Guide. The Company will notify the User of a change of its details from time-to-time.
  3. (c) The Company will send the User notices and other correspondence to the electronic communication address the User maintains in Suubee (email, mobile phone number) . It is the User’s responsibility to update their contact details within Suubee as they change.
  4. (d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  5. (e) Notices must be sent to the parties’ most recent known contact details.
  6. (f) The User may not assign or otherwise create an interest in these Terms of Service.
  7. (g) The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.
28. 5.15 General
  1. (a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
  2. (b) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with, the terms of any other agreement between the Company and the User, or any special conditions made under these Terms of Service, as relevant, the terms of those other agreements or special conditions shall prevail.
  3. (c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
  4. (d) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
  5. (e) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  6. (f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
  7. (g) Governing Law. These Terms of Service are governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
  8. (h) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
  9. (i) Interpretation. The following rules apply unless the context requires otherwise:
    1. i Headings are only for convenience and do not affect interpretation.
    2. ii The singular includes the plural and the opposite also applies.
    3. iii If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
    4. iv A reference to a clause refers to clauses in these Terms of Service.
    5. v A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
    6. vi Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
    7. vii A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
    8. viii A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
    9. ix A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

Suubee

SUUBEE PTY LTD ABN 35 605 760 496

Authorised Representative No 1262749

of Sanlam Private Wealth Pty Ltd (AFSL: 337927)

PREMIUM USER TERMS OF SERVICE

INTRODUCTION
Any information provided within Suubee Premium Information Service (PIS) is general in nature and is intended for information and educational purposes only and should not be construed as a recommendation to buy, sell or hold any security or asset class. Any reference to buy, sell or hold is simply a form of expression used by Suubee traders to indicate the action they may have taken a certain point of time.
Suubee is not an investment advisory service, all investors should consult a licensed professional before making any investment decisions. By accessing the Suubee “Trade Data Service”(TDS) by either buying tokens or requesting a periodic subscription, you agree to relinquish any recourse to claim damages resulting from the information received through the TDS. The TDS information has been obtained from sources which we believe are reliable however we make no guarantee as to the accuracy or completeness of such information.

Please be aware, it is possible that Suubee traders have a position in or have previously bought or sold shares in the companies for which TDS and PIS information is presented. At times stocks discussed and posted on Suubee Premium (not limited too but including trade desk and chat rooms), Suubee PIS and any other associated Suubee platforms may be already owned by any, or all of the Suubee traders and their related entities. The information provided by Suubee.com, Trader communications, any related sites, webinars, emails or newsletters is intended for your sole consumption and use and is not be distributed to or shared with any 3^rd party. In the event you distribute Suubee material without our consent, we reserve the right to terminate your access to Suubee and you will forfeit the value of any remaining access. All data is for your personal use only; it may not be posted on web sites, message boards, communicated verbally, or be used in products or services. All material in the Suubee website and its related websites and pages are protected under copyright laws of the Australia.

In addition to this disclaimer, you acknowledge you have read and agree to be bound by the terms and conditions set out in in the Suubee ‘User Terms of Service.’

PIS and TDS provide information and market content for our paid subscribers, sharing it reduces the value of the information. Access to our traders’ open positions in real time allows you to learn alongside traders with a performance history and to engage with them as they are managing their positions.

The information provided by Suubee and all related Suubee products is provided without regard to your investment goals, financial circumstances, investment knowledge, or personal attitudes towards risk, investing or trading abilities. Investors can and do lose money from trading. Investments fail. You agree to hold Suubee Pty Ltd and all the Suubee Traders completely harmless as a result of reading any material published on this Web site or provided by Suubee.

The Information provided by Suubee is not to be relied upon for any of your investment decisions. Your decisions to buy, sell or hold any securities is as a result your own free will and your own research and in no way attributed to information accessed through Suubee.