Subscription Terms of Service

Subscription Terms of Service

These Terms and Conditions are an agreement between you (“you”) and The Fool Australia, Pty Ltd (“The Motley Fool,” “Fool Australia,” or “we”), PO Box 4635, Ashmore, Qld 4214, by which we provide you access to one or more of our premium services (each, a “Service” and collectively, the “Services”).    By subscribing to, and using a Service you are agreeing to be bound by all applicable terms and conditions including (if applicable) the rules governing your use of our discussion forums.

Financial Services Guide

Prior to subscribing, please review our Financial Services Guide (FSG).  By subscribing to and using a Service, you specifically acknowledge that you have received, read and understood our FSG.

Warning – General Advice Only

The Services provide investing commentary and recommendations for buying and selling shares of publicly traded companies.  As stated in our FSG, The Motley Fool (AFSL 400691) provides only general financial advice.  That is, the information contained in the Services has been prepared without taking your personal circumstances into account.

You may email your comments and questions about our coverage and our advisors will endeavour to respond to them either directly to you via email, or in a public forum such as a Service’s weekly update or on a discussion forum area of a Service’s website.  Whether our response is via email or made on a public forum, we will not (and cannot) address your particular investment situation and our comments will not constitute advice that a specific security, strategy or action is suitable for you.

You therefore agree that all commentary, statements of opinion and recommendations found in the Services and any related material as well as any communication from  Fool Australia to you (including in any emails or discussion forums) is general advice only and we have not taken into account your personal objectives, financial situation or circumstances when preparing or providing such information.

All Services are Provided by Fool Australia

The Services and all related content are provided exclusively by Fool Australia.   While we may look at our parent or affiliates’ publications for international stock ideas, all share recommendations have specifically been adopted by one of the Services’ respective advisors and provided to you by Fool Australia.

You acknowledge that the general financial advice is provided to you solely by Fool Australia in its capacity as an AFSL holder.

Disclaimer

The Services base their recommendations and forecasts on techniques, information and sources believed to be reliable in the past and at the time of publication. However, The Motley Fool does not warrant the completeness or accuracy of the information presented. We make no promises that a Service will be delivered to you on an uninterrupted, timely, secure or error-free basis. To the maximum extent permitted by law, Fool Australia, its affiliates and their respective directors, officers and employees disclaim any liability for any loss or damage arising from your use of, or reliance on the information provided. If the law prohibits this exclusion, Fool Australia hereby limits its liability, to the extent permitted by law.

Portfolio Performance

With the exception of Motley Fool Pro and Million Dollar Portfolio (collectively, the “Portfolio Services”), the Services’ returns are hypothetical and based on the percentage change between the stock price at the time of recommendation and the current or sell price (if the position has been closed) at the time of publication. Brokerage, taxes and any other associated costs are not taken into account.

The Portfolio Services’ returns reflect the gains and losses of their respective real money portfolios. Each Portfolio Service’s returns are based on the percentage change between the stock price at the time we bought the shares and the current or sell price (if the position has been closed) at the time of the transaction. Brokerage, taxes and any other associated costs are not taken into account. The returns displayed are not net of fees.

Please remember that investments can go up and down.  Past performance is not necessarily indicative of future returns.  Performance figures are not intended to be a forecast and we do not guarantee the performance of, or returns on any investment.

Trading and Disclosure Rules

Fool Australia strives to operate with the highest level of integrity and minimize any potential conflicts of interest. With that in mind, all Fool Australia employees and contractors are subject to a code of conduct and rules governing their personal trading activities. Fool Australia personnel may not trade based upon any knowledge of an upcoming recommendation by a Service and they must wait at least two full market days after the content has been published before trading in any recommended security. The Portfolio Services will wait at least one full market day after a trade alert has been issued to transact in that security. In addition, Service advisors may not make any trades that are inconsistent with their Service’s recommendations (in other words, buy a stock that their Service recommends selling or sell when their Service recommends a buy).

The Motley Fool is a company of investors writing for investors and as such, the writers (and/or the company, its parent or affiliates) may own stocks mentioned or discussed by a Service. Any ownership interest in stocks discussed in a publication will be disclosed (usually at the end of the piece). On the discussion forums, we list the names of the Fool AU employees who may interact on the forums and you may click on their names to view their holdings. You may also see our employees’ holdings by clicking on their screen names.   For more information on Fool Australia’s trading and disclosure rules, please see our FSG or go to fool.com.au.

Affiliates of Fool Australia provides investment products to US investors that may hold securities mentioned in our Services. Fool Australia personnel have no non-public knowledge of the affiliate’s holdings, and the affiliate’s personnel have no knowledge of any editorial content before it is published.

Subscription and Access

If you are a first time subscriber, you will need to provide Fool Australia with your name, email address, and billing and shipping addresses.  You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, The Motley Fool reserves the right to cancel your subscription.

You will also be asked to create a password.  You will need this password in order to access the Services you have signed up for.  Services should only be accessed by paid Fool Australia members.  Accordingly, you agree not to forward any Service-related content to any third party without Fool Australia’s written permission.

Payment; Automatic Renewal

Currently, you can pay for your subscription via credit card or PayPal. If you indicate that you wish to pay via PayPal, you will be transferred to the PayPal website to complete the purchase. Please note that once on the PayPal site you are subject to PayPal’s policies and terms of service, which are completely outside of The Motley Fool’s control.

Subscription fees are due in advance and your membership will automatically renew for the annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership.    The Motley Fool reserves the right to increase a Service’s fees or institute new charges upon reasonable notice. Accordingly, you agree that your membership fee will be billed automatically at the beginning of each renewal period.

Prices published on Fool.com.au are quoted in Australian dollars and are inclusive of GST and all other duties and taxes, as required by law. The Motley Fool cannot issue refunds or withhold from your subscription fee any amounts for GST.  If you think you are entitled to a GST refund, please contact the Australian Tax Office.

Trial Periods and Cancellation

Some Services may on occasion provide a trial offer. Only one such trial may be taken per household and per email address at any given point in time. In addition, there is a limit of one trial per person and per email address in any six-month period unless otherwise stated in the offer.   If you do not cancel your subscription within the trial offer period, your credit card or PayPal account will be charged.

You may cancel your membership at any time by contacting membersupportau@fool.com.au.   Notwithstanding the foregoing, under our Anti Money Laundering procedures, Fool Australia will not issue you a refund totalling more than $5000 in any six-month period without additional verification as to your identity.

Modification to Service

The Motley Fool reserves the right to modify, suspend or discontinue all, or part of a Service.  In the event we discontinue a Service that you are subscribed to, you agree that we may transfer your subscription to another Service of equal or greater value. Of course, you may cancel your membership to the new Service at any time and receive a pro-rated refund for the remainder of your subscription term. Without limiting any of the foregoing, you agree that in the event that a Service of which you are a member of is discontinued or modified, The Motley Fool’s only obligation to you is to provide you with a pro-rated refund for the remainder of your subscription, at your request.

Intellectual Property

Our Content is protected by Australian and international copyright, trademark and other intellectual property laws and is the property of Fool Australia and/or providers of the Content under licence.  “Content” means any information, mode of expression, or other material found published by Fool Australia including without limitation our writings, graphics and all other features.

All Content is intended for individual, non-commercial use only. You may download or print one copy of any material.  Any other copying, distribution, storing, transmission or re-dissemination of any kind, is prohibited without The Motley Fool’s prior written permission.  Aside from opening yourself up to liability, distributing our Services to other sites and individuals is unfair to our members who pay good money to receive our Content. So please don’t do it.

Privacy

All personal data you provide us is maintained in the United States of America.  By subscribing and using any of our Services, you consent to our transferring and handling the data under the terms of our Privacy Policy, which is incorporated by reference.

If you are using PayPal to pay for your subscription, PayPal is processing payment and we do not have access to your credit card information.  Accordingly, you agree that Fool Australia has no responsibility or liability for PayPal’s privacy practices.

Changes to these Terms and Conditions

We may change these terms at any time, but we will post a notice on the Services’ respective websites of any material changes.  Your continued use and access of our Services means that you accept any new or modified terms.

General Information

If any part of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

Discussion Forums

The following terms and conditions apply if you wish to view or post a comment or question on the subscriber-only discussion forums (the “Forums” or “Discussion Forums”).  Your use of the discussion forums is contingent on you accepting and/or abiding by these additional terms:

  1. The Fool AU employees who may interact on the Forums may be found by clicking the link below the posts.  All other contributors are subscribers to the Service (referred to as the “External Contributors”). Our personnel may own shares or have an interest in the companies discussed.  If you want to see a Fool employee’s current holdings, please click on their screen names and you will be taken to their personal profile;
  2. The Motley Fool does not endorse or vouch for the accuracy or authenticity of postings made by External Contributors including without limitation the information in any hyperlinks to third party websites;
  3. Except for Motley Fool Australia and its personnel, no one is permitted to make postings as a licenced investment adviser, or a as a representative of a licenced adviser;
  4. As insightful as the comments and discussions may be, the postings are at best general information.  The information on the Forums are not professional investment advice — they do not take into account your particular needs, objectives or circumstances.  If you need or want individualised advice, please consult a licensed adviser or visit ASIC’s consumer website at moneysmart.gov.au  for more information;
  5. We believe that the vast majority of our External Contributors are well intentioned with interesting opinions to share.  However, Fool Australia cannot and will not take responsibility for the accuracy, completeness, or even the truth of every bit of data, information, and opinion posted on the Forums.  The External Contributors are individually responsible for the accuracy and authenticity of their postings.  Accordingly, The Motley Fool will not be liable to you for any loss or damage arising from: (i) your use of, or reliance on any information on the Discussion Forums; or (ii) an External Contributor’s conduct;
  6. The Discussion Forums are intended for use by individuals residing in Australia.  However, as you know, given the nature of the internet, an External Contributor may be located outside of Australia, making it difficult, if not impossible to take action against them;
  7. Securities cannot be offered to you for sale or issue through the Discussion Forums or anywhere else on our website; and
  8. If you have any reason to suspect that any posting is inaccurate, is based on inside information or likely to be misleading or deceptive, please alert us at membersupportau@fool.com.au.

Before posting on the Discussion Forums, you acknowledge and agree to the following:

  1. You are personally responsible for the accuracy and completeness of your postings.  You will therefore, not include any misleading or deceptive information in your comments or use the Forums to carry out any illegal or unauthorised activities.   Information in the postings may be made available to ASIC. ASIC and people acting on any misleading or unlawful postings may take action against you;
  2. You are not the holder of an Australian Financial Service Licence or a representative of a licence holder;
  3. You will not post any material based on inside information or that otherwise would violate any applicable laws or regulations of ASIC or any securities exchanges;
  4. You will not offer, sell or buy any security through the Forums;
  5. If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you will disclose that fact;
  6. You will be careful when including hyper-links to third party websites.  If you do include such hyper-links, it may be advisable for you to warn people that you do not endorse or take responsibility for material on those sites; and
  7. You further agree not to:
    • Post any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
    • Post or transmit any material that you don’t have the right to transmit under law (such as copyrights or trade secrets) or under contractual or fiduciary relationships (such as nondisclosure agreements);
    • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Post, transmit, or link to sexually explicit material; and
    • Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer.

The Motley Fool may at any time, without prior notice and at our sole discretion, remove any post, or take any action for violating the above provisions or otherwise taking an action disruptive to the Forums.  This includes without limitation terminating your subscription to the Service.  In the event of termination of your Service, you will receive a pro-rated refund.

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