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Terms and Conditions

Introduction

Welcome to Sivastatz™, the company data and news platform operated by Sivadata Pty. Ltd. [ACN 665 464 415]  (Sivadata, we, us and our). Sivadata owns and operates the Site: https://www.sivastatz.com (the “Site”), our related mobile or software application(s) (the “App”), and any features, software, subdomains, content (except as specified hereunder), functionality, products, services, media, applications, or solutions offered on or through the Site and/or the App, or through any modes, medium, platform or format (hereinafter collectively referred to as the “Platform”). 

Acceptance of the Terms and Conditions

We hope that you have a great experience using the Platform. These terms and conditions (“Terms and Conditions”) govern your access and use of the Platform and the services and features offered through the Platform and our App (collectively the “Services”). By using the Platform and/or Services, you signify your acceptance and agreement to be bound by these Terms and Conditions, including any additional guidelines or rules that may be posted in connection with specific services or features. If you do not agree to these Terms and Conditions, you are not authorized to use the Platform or Services.

Changes to the Terms and Conditions

Sivadata reserves the right to modify and/or amend these Terms and Conditions at any time, and you agree to be bound by such modifications. If Sivadata makes a material change to these Terms and Conditions, it will provide you with reasonable notice, such as by sending an email, or by posting a notice on the Platform prior to the effective date of the changes.

Kindly re-visit the Terms and Conditions whenever you access the Platform or use any Services on the Platform in order to stay updated with any changes to the Terms and Conditions.

Eligibility

The Platform and Services are available only to individuals who are 18 years or older and can form legally binding contracts under the Australian law. Access to this Site and/or the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Site and/or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Site and/or the App.

 

Linked sites

Our Site and/or the App may contain links to other Sites (“Linked Sites”), which are not operated by Sivadata. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions contained within each such site.

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, is available at: https://www.sivastatz.com/privacypolicy. Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

Prohibitions

You must not:

  • misuse our Site and/or the App.
  • commit or encourage a criminal offence;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Services; corrupt data; or cause annoyance to other users;
  • infringe upon the rights of any other person;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Site and/or the App.

Breaching this provision may constitute a criminal offence and Sivadata may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data, or other proprietary material due to your use of our Site and/or the App or due to your downloading of any material posted on them, or on any Linked Sites.

 

Account & Sign-Up

By creating an account and signing up for our Platform, you agree to our Terms and Conditions, including the collection and use of your personal information in accordance with our Privacy Policy. You also represent that all information you provide is accurate and complete. You further acknowledge and agree to the following:

  • You have read, understood, and agree to our Terms and Conditions and Privacy Policy.
  • The information you provide in the account registration process is accurate, complete, and current. You agree to promptly update your information if it changes.
  • You are authorized to use the payment method you provide for the purpose of subscribing to our services, if applicable.
  • You accept responsibility for all activities that occur under your account, including any charges incurred through the use of services, if applicable.
  • Our Platform is provided “as is” and we make no warranty regarding the accuracy, completeness, reliability or availability of the information, content, or services offered.
  • You understand and agree that your use of the Platform is at your own risk and that we are not responsible for any loss or damage resulting from such use.

By clicking “Sign Up” and creating an account with Sivadata, you represent and warrant that you have read, understood, and agree to all of the terms and conditions set forth in this clause

Sivadata will process activation of your account within a period of 24 hours post we have successfully verified your contact details; at which point we will send you an acknowledgement email with username and password to your account with us. You must only use the Sivadata account for your personal, non-commercial use and in accordance with these Terms and Conditions and any applicable law.

License to Use Platform

Sivadata grants you a limited, non-exclusive, non-transferable license to use the Platform and Services for your personal, non-commercial use. You may not use the Platform or Services for any other purpose, including any commercial purpose, without Sivadata’s express prior written consent.

 

Intellectual Property

The intellectual property rights (“IP”) in all software and content made available to you on or through our Site and/or the App remain the property of Krish Capital Pty. Ltd., its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Sivadata operates. All original works produced by Sivadata and associates, including all the elements that make up the Platform, including all text, images, data, presentations/ decks, and related media are copyrights. All such rights are reserved by Krish Capital Pty. Ltd. and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Site and/or the App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Sivadata. Sivastatz™ is a trademark belonging to Krish Capital Pty. Ltd., our IP holding company; no use whatsoever may be made of these marks without the express written permission of the trademark holder.

Information

The information Sivadata provides via the Services is general information only and disseminated purely for information purposes and may in no way be assimilated, in any way whatsoever, to advice or decision-making assistance. Furthermore, they do not constitute an offer or a solicitation to buy or sell financial products or services, nor do they constitute financial investment advice. Sivadata does not take into account your investment objectives, financial situation or needs.

The information available on the Services has been prepared from a wide variety of sources, which Sivadata, to the best of its knowledge and belief, considers accurate. Although originating from sources considered reliable, the information of any kind appearing on the Services or accessible through it may contain inaccuracies, errors, or omissions. All information represents our views as at the date of publication and may change without notice.

User understands and agrees that use of the Services is at User’s sole risk, without recourse to Sivadata and/or its related entities. Neither Sivadata and/or its related entities, shall be liable for any loss or damage, direct, indirect, incidental, or consequential whatsoever arising out of any inaccuracy, insufficiency, error, omission, delay, or interruption in the information made available on the Services. Sivadata and/or its related entities furthermore decline all responsibility for the use that may be made of the Services made available and for the consequences that may result, in particular from any decision taken on the basis of the Services. In any case, Sivadata and/or its related entities shall not be held liable for any loss of opportunity, loss of profit or any other indirect damage.

Please note that Sivadata is not in the business of providing personal advice. Sivadata is NOT a stock broker or financial or trading advisor, nor is it an advisory service of any kind, and no advice or recommendations on investments or trading are made nor implied on this website. Nothing contained in this website is intended to be, nor shall it be construed as, advice or recommendation. Any investment or other decisions made by you must be based solely on your own evaluation of the targeted subject for investment, and your financial circumstances and investment objectives, and Sivadata will not be held liable for any such investments and decisions.

The information provided via the Services is general information only and, in providing the information, Sivadata is not assuming a duty of care to you. Before making an investment decision, you must do your own research and rely on your own examination of the share, and the risk involved, and not on what you read on the website, or in any publication or periodical. The content of this website is provided strictly for convenient personal, non‐commercial educational and informational purposes only and Sivadata shall not be held liable for any investment decisions, sales or purchase decisions, which you may have made based on what you have read on this website or in the periodicals published by Sivadata from time to time, or in any other publications Sivadata may publish on its website, or anywhere else, from time to time. Anyone who makes investment decisions based on what they read on this website does so at their own risk and agrees that they cannot hold Sivadata responsible and/or liable for any loss whatsoever. You should therefore consider whether the information is appropriate to your personal situation and needs before acting upon it. It is your responsibility to evaluate the completeness, accuracy and usefulness of any content made available on this website. If you are unsure, or in doubt about the meaning of any information, you should consult or seek advice from an expert, advisor, or other professional (including taxation and legal advice) as necessary before acting on any information provided via the Services.

Sivadata does not guarantee any returns on investments made in any share mentioned on this website by the visitors. As any investor well knows, any investment opportunity, strategy or concept involves a degree of risk and investors should not invest any funds unless they can afford to take the risk of losing their investment. Sivadata strongly suggests that you consult your own financial advisors regarding the soundness of any intended investments, strategies or concepts, and discuss with such advisor your individual investment needs and goals.

Sivadata shall not be held liable to any visitor of the website, or any reader of its periodicals and/or publications, or anyone else who may have relied on this website, directly or indirectly, for any inaccuracies in the printed material found on the website, in the periodicals and/or other publications, any typing errors, omissions, interruptions, timeliness, completeness, deletions, defects, failure of performance, computer virus, communication line failures, alterations of, or use of any content herein, regardless of cause, for any loss or damage resulting therefrom.

Disclaimer

The Platform and Services are provided on an “as is” and “as available” basis. Sivadata makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or Services or the information, content, materials, or products included on the Platform or made available through the Services. Sivadata does not warrant that the Platform or Services will be uninterrupted or error-free, and Sivadata will not be liable for any interruptions or errors.

Subject to any non-excludable consumer guarantees set out in the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001, Sivadata makes no warranty, guarantee or representation about:

  • the accuracy, reliability, completeness, or timeliness of any information provided on or accessed via the Services;
  • the merchantability or fitness for a particular purpose of any of the products or Services referred to or accessed via the Site and/or the App, or any Linked Site;
  • the security of any information you transmit to Sivadata; or
  • the Site and/or the App or any Linked Sites being free from viruses, the Services operating uninterrupted or error free and any errors or defects being corrected.

Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services supplied.

To the fullest extent permitted by law, Sivadata, its directors, officers, employees, consultants, agents, and affiliates are not liable for any loss or damage whatsoever, including but without limitation for any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, which you may directly or indirectly suffer in connection with or arising out of or related to:

  • your access to, or use or performance of, our Services, Site and/or the App, or Linked Sites; or
  • your access to or use or reliance on information provided in or accessed via our Services, Site and/or the App, or Linked Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Sivadata’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Third-Party Content

Sivadata provides links to third-party websites and resources for informational purposes only. Sivadata does not endorse or control the content, products, or services offered by these third-party websites, and Sivadata is not responsible for the accuracy, completeness, reliability or suitability of the information, content, products, or services provided by these third-party websites. Sivadata and its affiliates, and their respective officers, directors, employees, agents, partners, and licensors (collectively, the “Service Parties”) shall not be liable for any loss, damage, cost, or expense, including without limitation, any indirect, incidental, special, or consequential damages, arising out of or in connection with the use of these third-party websites, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages. The user agrees to indemnify and hold harmless the Service Parties from and against any and all claims, liabilities, damages, losses, and expenses arising from the use of these third-party websites.

Indemnity

You agree to indemnify, defend, and hold harmless Sivadata, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:

  • your access to and use of our Services, the Site and/or the App, or any Linked Sites;
  • reliance by you on any information provided on or accessed via our Services, the Site and/or the App, or any Linked Site; or your breach of the Terms and Conditions.

Variation

We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Site and/or the App.

Breach

If you breach these Terms and Conditions, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete, or deactivate your account.

Assignment

These Terms and Conditions, and any rights and licences granted to you under these Terms and Conditions, cannot be transferred or assigned by you to a third party.

Waiver

  • If we fail to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy.
  • If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

Enforceability

If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms and Conditions in that jurisdiction. This will not affect the remaining provisions.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the law for the time being in force in New South Wales, regardless of the place of use, residence, or nationality of the User. By agreeing to these Terms and Conditions, User(s) is/are deemed to have submitted to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.

Our Site and/or the App may be accessible from outside of Australia. We make no representation that our Site and/or the App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site and/or the App from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Site and/or the App.

If you have any queries relating to these Terms and Conditions, please contact us at:

The Customer Service Department,

Sivadata Pty. Ltd.

Suite 202, 234 George Street,

Sydney, NSW 2000, Australia

Email: customer.service@sivastatz.com

Tel: +61 290373811

 

Last Updated: 15 February 2023.

 

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