Terms and Conditions

Last Updated: December 1, 2024


1. Introduction

Welcome to MarketLens. These Terms and Conditions ("Terms") govern your access to and use of the MarketLens website and services (collectively, the "Service"). By using MarketLens, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Definitions

  • "Service" refers to the MarketLens platform, website, and all related services
  • "User" refers to any individual or entity that accesses or uses the Service
  • "ASX" refers to the Australian Securities Exchange
  • "Broker Data" refers to ASX broker transaction data provided through the Service

3. Service Description

MarketLens provides analysis and visualization of ASX broker transaction data. The Service includes:

  • Access to historical broker transaction data
  • Data visualization tools
  • Broker activity analysis
  • Watchlist creation and management
  • Custom broker grouping features

4. Account Registration and Security

4.1. To access the Service, you must:

  • Be at least 18 years old
  • Register for an account with valid information
  • Maintain the security of your account credentials

4.2. You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your password
  • Notifying us immediately of any unauthorized access

5. Subscription and Payment

5.1. Service Accounts:

  • Service access requires a subscription account
  • Account types and features may change from time to time
  • Each account type may be subject to specific additional terms
  • We reserve the right to modify, add, or remove account features at any time

5.2. Subscription Terms:

  • Service access requires a paid subscription
  • Prices are in Australian Dollars (AUD)
  • Billing occurs on a recurring basis
  • Subscription fees are non-refundable
  • We may vary subscription fees at any time, with changes taking effect after your current subscription period

5.3. Payment Processing:

  • We use secure third-party payment processors
  • You agree to provide accurate billing information
  • Subscription will auto-renew unless cancelled
  • You acknowledge that we are not liable for any losses or damages arising from the operation of third-party payment services

5.4. Payment Failures:

  • You are liable for any costs, including banking fees and charges, associated with failed or returned payments
  • We reserve the right to suspend or terminate service access for unpaid fees
  • You are responsible for ensuring sufficient funds and valid payment methods

6. Data Usage and Limitations

6.1. You agree to:

  • Use the data for personal or internal business purposes only
  • Not redistribute or resell any data obtained through the Service
  • Not attempt to reverse engineer the data collection methods

6.2. Data Accuracy:

  • While we strive for accuracy, we cannot guarantee the data is error-free
  • Historical data is provided "as is"
  • Users should verify critical information independently

7. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service
  • Automate access to the Service without explicit permission
  • Share your account credentials
  • Create multiple accounts for the same user

8. Intellectual Property

8.1. Our Rights:

  • The Service and its content are protected by copyright and other laws
  • All intellectual property rights are reserved
  • You may not reproduce or distribute our content without permission

8.2. Your Rights:

  • You retain ownership of your personal data
  • You grant us license to use your feedback to improve the Service

9. Disclaimer of Warranties and Limitations

9.1. Service Warranty Disclaimer:

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Accuracy, completeness, or reliability of data
  • Uninterrupted or error-free service
  • Fitness for a particular purpose
  • Availability or continuity of service
  • Security or immunity from unauthorized access

9.2. Financial and Data Disclaimer:

The Service is for informational purposes only:

  • We do not provide financial advice
  • Past performance is not indicative of future results
  • Users should conduct their own research and seek professional advice
  • We make no representations about the accuracy of ASX data
  • We are not responsible for any trading decisions made using our Service
  • Data may be delayed, incomplete, or inaccurate

9.3. Technical Disclaimer:

  • We do not guarantee compatibility with any hardware or software
  • We are not liable for any technical issues or data loss
  • Service maintenance and updates may cause temporary unavailability
  • We are not responsible for any telecommunications or internet failures

9.4. Market Risk Disclaimer:

  • Trading in financial markets involves substantial risk
  • We are not responsible for any financial losses
  • Market conditions may affect data accuracy and timeliness
  • Technical issues may impact trading decisions or execution

10. Limitation of Liability

We shall not be liable for:

  • Any indirect, incidental, or consequential damages
  • Lost profits or trading losses
  • Data loss or system failures
  • Decisions made based on the Service's data

11. Indemnification

You agree to indemnify and hold MarketLens harmless from any claims arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party

12. Modifications to the Service

We reserve the right to:

  • Modify or discontinue any part of the Service
  • Change subscription fees with notice
  • Update these Terms at any time
  • Notify users of significant changes

13. Termination

13.1. We may terminate or suspend your account if you:

  • Violate these Terms
  • Abuse the Service
  • Engage in fraudulent activity
  • Fail to pay subscription fees

13.2. Upon termination:

  • Access to the Service will cease
  • Subscription fees will not be refunded
  • You must cease all use of the Service

14. Privacy

Our Privacy Policy describes how we collect, use, and share your information.

15. Governing Law

These Terms shall be governed by the laws of Australia, without regard to its conflict of law provisions.

16. Contact Information

For questions about these Terms, contact us at:

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and MarketLens regarding the Service.

By using MarketLens, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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