These Terms and Conditions are an agreement between you (“you”) and The Motley Fool Australia, Pty Ltd (“The Motley Fool,” “Fool Australia,” or “we”), PO Box 4635, Ashmore, Qld 4214, by which we provide you access to our portfolio, Motley Fool Discovery Australia (the “Portfolio”). By subscribing to, and using the Portfolio you are agreeing to be bound by all applicable terms and conditions.
Financial Services Guide
Prior to subscribing, please review our Financial Services Guide (FSG). By subscribing to and using the Service, you specifically acknowledge that you have received, read and understood our FSG.
The Discovery Australia Portfolio; Operating Rules
The Portfolio is aimed at helping investors who are interested in small cap stocks (“small cap” stocks being defined as market capitalisations ideally under $1 billion AUD). The Service features a model real-money portfolio consisting of small cap shares, intending to hold these shares for a minimum period of five (5) years. Fool Australia is exclusively funding the portfolio and consequently, any realised gains or losses will belong to Fool Australia.
As a subscriber, you will be entitled to view the portfolio in its entirety upon purchase. The Portfolio will wait at least one full market day after the portfolio has been released to members and buy alerts have been issued to transact in those securities.
Warning – General Advice Only
The Service provides 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 Service has been prepared without taking your personal circumstances into account. You should therefore consider the appropriateness of the advice we provide in light of your own objectives, financial situation or needs before acting on any of our recommendations. Before buying any of our recommendations, you should also review any product disclosure statement (PDS), prospectus or other disclosure document provided by the issuer.
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 one of the Service’s discussion forums. Whether our response is via email or made on a public forum, we will not (and cannot) address your specific investment situation and our comments will not constitute advice that a specific security, strategy or action is suitable for you. If you feel you need personalised advice, please consult your accountant or other finance professional.
You therefore agree that all commentary, statements of opinion and recommendations found in the Service 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. You further agree that you bear all the responsibility for your own investment research and investment decisions.
The Portfolio’s returns reflect the gains and losses of its real money portfolio. The 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.
Fees and Cancellations
Fees for Discovery Australia are one-time, up front payments for access to the Portfolio. Because the entirety of the Discovery Australia Portfolio is provided up front, there will be no cancellations or refunds of fees except as required by Australian Consumer Protection statutes.
For information on the costs of the Service, please consult our FSG.
Currently, you can pay for your subscription via credit card, PayPal or BPay. 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.
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.
Annual or Fixed-Term Subscribers to the Service: Fees, Automatic Renewals and Cancelations
If you are subscribing to the Service for a set term, the Service fee for the subscription term (the “Service Fee”) is payable at the time of subscription. This initial Service Fee is non-refundable except as required by Australian Consumer Protection statutes.
All service fees are due in advance. Regardless of initial term, your subscription will automatically renew for one year terms, after the expiration of the initial term, until you notify us of your decision to terminate your membership. Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period. For information on the cost of the Service, please consult our FSG.
You may cancel your subscription at any time by contacting [email protected]. If you cancel your subscription you will not receive a refund. You agree that your Service Fee will be billed automatically at the beginning of each renewal period and except as expressly provided in these terms, any Service Fee paid hereunder is non-refundable except as required by Australian Consumer Protection statutes.
We reserve the right to raise the Service Fee or institute new charges upon reasonable notice.
Please note that 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.
Access to the Service
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. If 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 Service. The Service 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.
The Service bases its 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 the 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.
Modification or Discontinuation
The Motley Fool reserves the right to modify, suspend or discontinue all, or part of the Service. In the event we discontinue the Service, you agree that we may transfer your subscription to another Fool Australia service of equal or greater value. Without limiting any of the foregoing, you agree that if this Service is discontinued, The Motley Fool’s only obligation to you is to provide you with a pro-rated refund, at your request.
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 recommendations, 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 Content to other sites and individuals is unfair to our members who pay good money to receive our Content. So please don’t do it.
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 Service’s website of any material changes. Your continued use and access of the Service means that you accept any new or modified terms.
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.
Updated: 27 September, 2018