CONTENTS

• Free Trials
• Subscription Conditions
• Credit Card / Direct Debit Conditions
• Receiving Email and Other Correspondence (Opting Out)
• Service Level Agreement
• Agreement
• Unforseen Events
• Severability
• Privacy policy
• Pricing
• Copyright and Disclaimer
• Governing Law and Jurisdiction

FREE TRIALS

• You will have access to a single free trial of any subscription services or product MyClime offers.

•  No charge of any sort is made for this trial.

•  We will ask for your contact details but no credit card or other billing information for this trial.

• It is an express condition of your membership that you will only access one free trial of any specific product or service, unless entered into as a specific promotional offer from MyClime.

• Any attempt by you as an individual or on anyone’s behalf to access more than one free trial of any specific product or service will be a break of these terms and access to any part of MyClime may be denied without notice.

• Any materials downloaded through a free trial in breach of these conditions remain the property of MyClime, and you agree to provide all and any necessary information to allow MyClime recover its property.

• Failure to provide correct and current contact details will be cause (At the discretion of an account manager) for that trial to be suspended.

SUBSCRIPTION CONDITIONS

• You will only be charged a fee if you enter into an agreed paid subscription, following your free trial.

• There is a 30 day money back guarantee on your purchase during the first 30 days following your purchase of a full subscription for one year or greater.

• For your convenience, to ensure continuity of access to MyClime information (including your portfolio and watchlists) at the end of your current subscription contract term, your subscription to MyClime will continue on a month to month basis.

• You will be notified by email, prior to the expiration of your subscription, that the end date for your subscription is approaching.

• You can cancel your subscription at any time after your contract term with no penalty.

• Your subscription will be automatically renewed on a monthly basis and the monthly charge debited to your credit card until your subscription is cancelled.

• Following notice of cancellation, your subscription will be cancelled at the end of your current months subscription. No refunds will be given if cancellation occurs part way through your billing period.

• To find the price structure for renewal rates please refer to the MyClime Versions page on our website.

• Credit Card Direct Debit clients please read “Credit Card/Direct Debit Conditions” section below.

• The 30 day trial period is an obligation free 30 day commitment that expires at maturity.

CREDIT CARD / DIRECT DEBIT CONDITIONS

• By accepting the following Terms & Conditions of Use, you have authorised us to arrange for funds to be debited from your account according to this agreement we have with you. You can cancel any upcoming debit merely by notifying us that you do not wish this to happen.

Our commitment to you:

• We will not change the amount or frequency of drawing arrangements without your prior approval.
• MyClime will not disclose your details except for the purposes of conducting credit card/direct debits, as agreed with you, with your financial institution.
• MyClime will give you at least 14 days notice in writing if there are changes to the terms of the drawing arrangements.
• MyClime will draw from your credit card on the anniversary date of your subscription. If the due drawing date is not a business day, MyClime will draw on the next business day after that date.

Your commitment to us:

• It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made.

• If there are insufficient clear funds available in your account to meet a debit payment:

1. you or your account may be charged a fee and/or interest by your financial institution;
2. you or your account may be charged a fee to reimburse us for charges we have incurred for the failed transaction;
3. you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account within the next seven days or another time we agree with you so that we can process the debit payment.

•  Warning: if the account number you have quoted is incorrect, you may be charged a fee to reimburse our costs in correcting any deductions from:

1. an account you do not have authority to operate; or
2. an account you do not own.

RECEIVING EMAIL AND OTHER CORRESPONDENCE (OPTING OUT)

• As a subscriber to MyClime, you consent to receiving correspondence from MyClime and Clime Group electronically and via post. If you do not wish to receive correspondence from MyClime and Clime Group, please contact us on members@myclime.com.au.

SERVICE LEVEL AGREEMENT
UPTIME GUARANTEE

• MyClime aims to provide 100% uptime of our service, but there is always a possibility (however small) that an outage might occur. In such a situation, MyClime will give you a one week extension to your subscription per day of downtime.

CONDITIONS

• Maximum credit per year is one month. Credits are applied to future services fees and are not granted in arrears. Refunds will not be provided and credit can not be exchanged or transferred to cash.

• Credits are based on availability of MyClime. The following items do not count towards the uptime guarantee:

1. Planned downtime for maintenance. We will provide at least 48 hours notice of such planned downtime. All planned work will be carried out after 10pm and before 6am AEST.
2. Emergency downtime for maintenance, which might be software or hardware, related. This is only if the work is carried out in order to prevent/avoid extended outages from occurring, should such works not take place. We will provide at least 4 hours notice of such downtime, in the very rare situation that it is required.
3. Outages caused by failures at the client end.

• The obligations of MyClime under this Agreement will be suspended to the extent that it is wholly or partially precluded from complying with its obligations under this Agreement by Force Majeure.

• To apply for a credit an email must be sent to members@myclime.com.au within 24 hours. This email must contain

1. An outline of the problem
2. Contact details.

• An engineer will analyse your request and apply the appropriate credits.

AGREEMENT

• MyClime does not require any contracts to be signed, and there are no term commitments beyond those agreed to in the signup period.

• All services are paid in advance and sold on an annual/biannual or month by month basis.

• Customers can cancel at anytime.

• No refunds will be given if cancellation occurs part way through your billing period.

RESTRICTIONS OF USE

You must not:

(a)    unless otherwise permitted by law allow or cause a third party to copy any part or all of MyClime;

(b)   assign or grant sub-licences of any of its rights under this agreement or permit third parties to use this service without the consent of MyClime;

(c)    provide MyClime either directly or indirectly to any third party without the consent of MyClime;

(d)   exploit MyClime otherwise than as permitted under this agreement; or

(e)    distribute or copy any research, articles/publications or valuations provided by MyClime without the consent of MyClime;

(f)    use in any Web Application.

INTELLECTUAL PROPERTY RIGHTS

• You acknowledge that it you have no rights of ownership in MyClime.

• All Intellectual Property Rights in or to MyClime are the property of, or vest on creation in, MyClime, including as an assignment of future copyright.

UNFORESEEN EVENTS

• MyClime is excused from performing its obligations to the extent it is prevented by circumstances beyond its reasonable control (other than lack of funds for any reason), including but not limited to acts of God, natural disasters, acts of war, riots and strikes outside that Party’s organisation.

SEVERABILITY

• If anything in these MyClime Terms and Conditions of Use are unenforceable, illegal or void then it is severed and the rest of these MyClime Terms and Conditions of Use remain in force.

PRIVACY POLICY

• A copy of our privacy policy can be found via the link at the bottom of our home page.

PRICING

• Pricing is per the schedule on the MyClime Versions page of our website.

• Pricing is subject to change.

GST

• The consideration for any supply made under or in connection with this agreement includes GST. To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply has, included within it, an amount at rate at which GST is imposed in respect of the supply.

COPYRIGHT AND DISCLAIMER

• MyClime is an interactive online service containing information supplied by MyClime and third parties. Your use of this service confirms your agreement to the Terms and Conditions. Information is protected by copyright and is made available under licence. Any unauthorised reproduction of this information is prohibited.

• The information provided on MyClime is intended for general use only. The information presented does not take into account the investment objectives, financial situation and advisory needs of any particular person nor does the information provided constitute investment advice. Under no circumstances should investments be based solely on the information herein. Please refer to our Financial Services Guide (FSG).

• The views and information presented are sourced from publicly available information and are believed to be reliable. MyClime is committed to bringing our subscribers accurate and timely company information. However, MyClime does not assume responsibility or accept liability whatsoever, whether arising from negligence, accident or otherwise, for any error contained in the information or for recommendations listed in any of the publications.

• If you have any queries please email MyClime at enquiries@myclime.com.au.

GOVERNING LAW AND JURISDICTION

• This agreement is governed by the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.