Terms and Conditions | Privacy and Cookies Policies
Last updated: July 2020
Best Investment Gurus Website Terms and Conditions
The purpose of this site and Best Investment Gurus (BiG) is to help people make smarter investment decisions based on fair, accurate investing information and the experiences of BiG, members and others. To protect us (and you) if you engage with us, you must understand and accept your rights and responsibilities. The following Terms and Conditions set these out, you are taken to agree to and abide by them:
References to BiG in these terms and conditions means Best Investment Gurus Pty Ltd ACN 144 668 262. This website at www.andreadavies.com.au, www.bestinvestmentgurus and others is owned by Best Investment Gurus. All references to BiG include Andrea Davies, the founder and CEO of BiG.
Please read the following terms and conditions of use carefully before using this website. By using this website, you agree to be bound by these terms and conditions as they appear from time to time. BiG may change the content of the website, the services offered by the website and these terms and conditions at its discretion without notice. Amendments will be effective immediately. By continuing to use the website you accept these terms and conditions as they apply from time to time.
This website is intended primarily to provide information by BiG to people within Australia about information and different service providers in the investment industry.
Some parts or features of this website may require you to obtain a Best Investment Gurus account before you can access or use them.
Best Investment Gurus does not represent or guarantee that this website, or your use of the website, will comply with the laws of any other country. If you access or use this website from outside of Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place from where you are accessing or using the website.
- Content and legal or financial advice
2.1 Information on the website is obtained from various sources. While BiG takes reasonable care to regularly monitor and update the website content, BiG makes no representation as to the currency, accuracy, completeness, reliability or suitability of the information. If you believe any of the information on the website is not current, accurate, complete, reliable or suitable please contact us at firstname.lastname@example.org and we will consider your comments.
2.2 The information is subject to continuing business, economy, industry and regulatory changes, differences of opinion, human error in preparing the information and unique differences in individuals’ situations and experiences.
2.3 The information on this website is not intended to be, nor is it a substitute for professional legal, financial, accounting, real estate or other investment advice which takes into account your individual circumstances.
2.4 The needs, objectives and financial situations of investors vary and the information is provided as a ideas and comments only. The risks associated with these ideas and comments may not be detailed on this website. These ideas may not be suitable for you.
2.5 You must consider the information on this website in light of your own circumstances (for example, your objectives, needs and financial situation) and you should seek your own independent advice from a suitable and qualified advisor.
2.6 Any examples of investment performance are given as historical information only and are not to be taken as indicative of future performance. Investment outcomes are likely to vary depending on the individuals involved and their own circumstances. No warranty or assurance is given that the examples will provide you with similar success.
In creating and using your Best Investment Gurus account Best Investment Gurus collects only the personal information, such as your name and email address, provided by you and the aggregate website use information as you and others browse .
You agree that BiG may use and disclose your personal information for the purpose of establishing and maintaining your BiG (paid or unpaid) account, providing you with marketing and promotional material about BiG and our products and services and products and services of the gurus listed on the website. We will only disclose your personal information with your express or implied consent, to third parties who provide goods and services to BiG in connection with these purposes, and who agree to handle your personal information in accordance with the Privacy Act 1988 (Cth).
If you wish to unsubscribe from receiving marketing and promotional material from BiG, please notify us by email at email@example.com or firstname.lastname@example.org
You may request access to the personal information we hold about you. You can make such a request, or contact us with any questions or concerns you have about the way BiG handles your personal information by contacting us at email@example.com.
If you have any queries, concerns or wish to make a complaint about the way BiG handles your personal information please contact us at firstname.lastname@example.org.
- Intellectual Property
Copyright and all other intellectual property rights in materials contained on this website are owned by or licensed to BiG. No intellectual property rights or other rights in and to the information and materials on this website are transferred to users of this website.
Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in your location, you may not adapt, reproduce, publish or distribute copies of any materials contained or available on this website (including, but not limited to text, logos, graphics, photographs, video clips, trade marks, garment graphics, sounds or images) in any form (including by e-mail or other digital or electronic means).
In the event that you suggest any improvements, developments, variations or modifications to the website or content, you agree that if BiG chooses to act on a suggestion, all intellectual property rights in the design will be owned by BiG.
- Uploaded Material
5.1 BiG may, from time to time, permit a BiG account holder to upload information or content to this website, including but not limited to information, images, photographs, video clips, logos, trade marks, data, text, graphics, links or programming code (Account Holder Content).
5.2 Account Holder Content is solely your responsibility, and BiG will be under no obligation to take steps to verify, vet or moderate any Account Holder Content;
5.3 By uploading Account Holder Content to the website you warrant that your Account Holder Content:
(a) is not fraudulent or defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
(b) is not offensive, defamatory, obscene, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;
(c) is current, accurate and up-to-date;
(d) is based on your own experience and is not ‘third hand’;
(e) is truthful and contains no false, misleading or deceptive representations;
(f) does not contain information about a third party unless you have the express permission of that third party to do so;
(g) has only been uploaded after you have obtained any releases, permissions or consents required for use of your Account Holder Content;
(h) complies with any standards and requirements for Account Holder Content made available by BiG from time to time; and
(i) will be updated by you to ensure that it remains accurate and current.
5.4 You hereby grant to BiG a perpetual, transferable, unlimited, sub-licensable, irrevocable, royalty-free, worldwide, non exclusive licence to use, reproduce, modify, distribute, publish and prepare derivative works from your Account Holder Content and for any other purpose Best Investment Gurus may see fit.
5.5 For the avoidance of doubt, you grant to BiG all rights, licences and consents needed by BiG to use the Account Holder Content for the purposes of operating the website, conducting any aspect of its business and promoting BiG generally.
5.6 You agree not to assert any moral or similar rights you may have in any Account Holder Content, and consent to BiG infringing any moral rights you may have in any Account Holder Content.
5.7 BiG reserves the right to reject, block, modify, suspend or remove any Account Holder Content at any time in its sole discretion. BiG makes no guarantee that your Account Holder Content will actually be published or used on or in relation to the website.
- Your Best Investment Gurus account
All details that you supply in connection with your BiG account and otherwise in using this website must be true and accurate. You must notify us of any change to your account details as originally supplied.
By creating your BiG account, you undertake to keep your password secure and confidential and to prevent use by, or disclosure to, any third party. If you believe that your password is known to any third party please notify BiG immediately
BiG reserves the right to cancel your BiG account at any time for any reason whatsoever, including because in BiG’s opinion, you have breached these terms and conditions.
- Security of Information
No data transmitted over the Internet can be guaranteed as totally secure. BiG takes reasonable steps to protect information submitted using the website but does not warrant and cannot ensure the security of any information which you transmit. Accordingly, any information which you transmit is transmitted at your own risk.
BiG does not warrant that any material you submit to this website will be protected against loss, misuse or alteration by third parties.
- Limitation of Liability
8.1 BiG, Andrea Davies, and each of their respective agents, instrumentalities, officers or employees, and any other contributors to the website, will not be liable for any loss, damage, costs and expenses (including, without limitation, reasonable legal fees and disbursements and the costs of investigation and litigation and the amount of any settlement, judgment, interest, fines and penalties) of any person resulting from accessing, downloading, using or relying on the website or any information on the website.
- a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Otherwise, to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
You agree to indemnify and hold harmless BiG and each of its agents, instrumentalities, officers and employees and to keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees on a solicitor and own client basis), claims and damages arising from:
(a) any breach by you of these terms and conditions;
(b) any submission by you of Registered User Content;
(c) reliance by you on any information or material obtained through this website (including, but not limited to, any Registered User Content); and
(d) your access to and/or use of this website.
- Specific Warnings
You must take your own precautions to ensure that accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. BiG cannot and does not accept responsibility for any interference or damage to your computer systems (including viruses, malicious computer code or other forms of interference) which arises in connection with your use of this website or any linked websites.
BiG cannot and does not guarantee that access to this website will be uninterrupted or error free.
- Links to and from this website
Any links to third party websites provided on this site are for convenience only and may not remain current or be maintained. BiG makes no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information or products and services offered on those linked sites. Any links to another site should not be construed as an endorsement or recommendation of any information, goods or services contained on or from that website or its operator. Your use of the links to other sites is entirely at your own risk.
- Termination of Access
Your access to this website may be terminated by BiG at any time without notice. All disclaimers, retractions and limitations of liability will survive termination.
- Governing Law
These terms and conditions are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia, Australia.
BiG accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If BiG waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, it will be severed from these terms and conditions and the remaining provisions will continue in full force.