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 service, Motley Fool Pro 2.0 (the “Service”). By subscribing to, and using the 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 the Service, you specifically acknowledge that you have received, read and understood our FSG.
Motley Fool Pro 2.0; Operating Rules
The Service is an actively managed real-money portfolio that employs a wide range of trading strategies. 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 alerted of any upcoming transactions, which you can mirror in your personal account should you choose to do so. The Service will wait at least one full market day after a trade alert has been issued to transact in that security.
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 Service’s returns reflect the gains and losses of its real money portfolio. The 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.
Subscription, Payment; Automatic Renewal
The Service is available only by subscription, meaning that you sign up for a set term. All Service fees are 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.
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. 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.
The Motley Fool reserves the right to increase the Service’s subscription fee or institute new charges upon reasonable notice.
Trial Periods and Cancellation
On occasion, the Service may 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. You will be charged up front for your membership, via the payment method you provide.
You may cancel your membership at any time by contacting [email protected] If you cancel your subscription within 30 days of renewal, you will receive a full refund for the applicable term. Except as expressly stated in these terms, after this 30-day period, all fees are non-refundable except as required by Australian Consumer Protection statutes. Also, 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.
Please note: once a subscription is cancelled, you will no longer have access to any of our content including without limitation past recommendations, articles and special reports. You acknowledge and understand that any material you wish to retain must be downloaded or printed prior to termination of your subscription. Otherwise, you lose the right to do so.
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. 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 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.
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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.
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 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 [email protected]
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:
1. 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;
2. 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);
3. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Post, transmit, or link to sexually explicit material; and
5. 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.