These Terms contain important information including disclaimers and limitations of liability.
1. Your acceptance
1.1 These are the terms and conditions of Use (Terms) on which PrimaryMarkets Limited ABN 24 136 368 244 and its related entities (referred to as PrimaryMarkets, us, our or we) permits users (referred to as User(s), you or your) to:
a. Access and use our website (Website) and functionality
made available through the Website;
b. View and interact with any content, information, communications, advice, graphics, videos,presentations or other material available on the Website (PrimaryMarkets Content), or any Member Content (as defined in clause 5); and
c. Upload Member Content to the Website and communicate with PrimaryMarkets.
1.2 You acknowledge and accept that your use of the Website confirms your irrevocable acceptance of these Terms and you irrevocably agree to be bound by these Terms by:
a. Using, browsing or accessing any part of the Website; or
b. Becoming a Trader (as defined in clause 0) through the Website.
1.2 PrimaryMarkets may from time to time review and update these Terms to take account of new laws,regulations, products, technology, or other reasons at our discretion. We may give you notice of updated Terms by posting it on the Website. Your use of the Website will be governed by the most recent Terms posted at: http://www.primarymarkets.com. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
1.3 Please note that if you are trading in shares and other securities as stipulated/disclosed/defined(individually or collectively Shares) on the Website be you a buyer, seller, investor, subscriber and/or you or your related entity is raising new capital/equity/debt (individually and collectively Trader),
your use of the Website is also subject to the terms and conditions applicable to the Platform Trading Rules between you and PrimaryMarkets (Platform Trading Rules).
1.4 If PrimaryMarkets updates these Terms in accordance with clause 1.3 and you believe that this change will have a material and detrimental impact on you or on your use of the Website, you are entitled to terminate these Terms by giving PrimaryMarkets notice of your decision no later than 30 days after the effective date of the change by contacting PrimaryMarkets at info@primarymarkets.com with the subject line “Termination for Change” with a description of your request to terminate and your contact details. If you are a Trader, it is your obligation to take a copy of your personal Member Content before providing this notice to PrimaryMarkets. Your approval or access as a Trader (as applicable) may also be cancelled and you must no longer access or use the Website.
2. Changes to the Website The Website is subject to change at any time without notice and may contain errors or omissions.
3. Registration of Accounts
3.1 The Website aims to be a resource for all Traders wishing to display, sell, subscribe for, or purchase Shares on the Website.
3.2 Although you may browse the Website without creating an account or providing your details, in order to access certain features and functionalities of the Website you will have to register as a Trader through our Website by creating an account (Account) and by providing us with all of the information required including by entering Account identification and password (Password) at registration.
3.3 When creating your Account, you will be asked to provide your personal details and/or connect your Account with your Facebook, Twitter or Google accounts. This information will assist us in providing you the services associated with the Website.
3.4 You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You undertake to promptly inform PrimaryMarkets if there is any change to this information or data.
3.5 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify PrimaryMarkets of any Password which is lost, inoperable or used in an unauthorised manner.
3.6 If you are a Member, you may contact other Members by signing into your Account (which includes entering your Password) and selecting the Shares which you would like to enquire about.
3.7 You will be fully responsible for all acts and omissions of any person using your Password and Account,
as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the
security of your Account. PrimaryMarkets will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify PrimaryMarkets against all loss, damage, claims, costs or demands in this regard.
3.8 You must notify us immediately if you become aware of any unauthorised access or use of your Account.
3.9 You agree that if we disable or terminate your Account for any reason, you will not create another
one without our permission, whether through the use of your own personal details or those related to you or created by you.
3.10 We reserve the right to refuse registration of any Account and disable or terminate your Account for any reason at our sole and absolute discretion.
3.11 Your registration as a Trader may be refused if your Member Content involves:
a. Any of the prohibited uses as set out in clause 7; or
b. Is otherwise deemed inappropriate in our absolute discretion.
4. Termination of your Account
Without limiting clause 0, we may terminate your Account or licence to use the Website at any time immediately by notice in writing if you breach any of these Terms.
5. Member Content
5.1 This clause 5 is subject to the terms applicable to the particular Platform Trading Rules that apply to you. The provisions of this clause 5 will also apply to you.
5.2 When you become a Trader registered on the Website, you may send to PrimaryMarkets for upload, or may upload directly, onto the Website information and data regarding the Shares, your business’ name and logo, and other material, comment, content, communication or text. All material you send to PrimaryMarkets for upload, or that you upload directly, onto the Website will be your Member Content.
5.3 Any Member Content you upload to our Website can be:
a. Accessed and viewed by the public and other Traders; and
b. Used by us in accordance with the licence terms set out herein including to promote our Website and business activities.
5.4 You agree to be solely responsible for any Member Content that you upload to the Website. You warrant and represent that any Member Content you upload to the Website will not violate these Terms or any of the provisions of the Platform Trading Rules.
5.5 You retain ownership of all intellectual property rights in the Member Content you upload to our Website. By uploading the Member Content you grant us a perpetual, non-exclusive, royalty free, irrevocable, transferrable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).
5.6 You consent to your Member Content being altered, edited or adapted by us for any reason including to ensure your Member Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the Member Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your Member Content (whether or not currently in existence) to:
a. Perform, exhibit, reproduce, adapt and communicate any part of your Member Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that Member Content;
b. Do any act or omission that would constitute derogatory treatment of your Member Content;
c. Make any use of your Member Content that may falsely attribute authorship of the Member
Content to another person;
d. Delete or adapt or change any of your Member Content in any way, including by addition to or subtraction from your Member Content; or
e. Combine or juxtapose your Member Content with anything else.
5.7 Where the Member Content uploaded by you to our Website contains material from third parties,you warrant that you have obtained all relevant consents including the moral rights consents described in clause 0 above from such third parties.
5.8 If you are uploading Member Content which involves or contains images of or references to a person(s), you warrant that the person is aware and has consented to the use of that Member Content in accordance with these Terms.
5.9 We may access or examine any Member Content and at our discretion, move, remove, block, modify,edit, refuse to upload or disable access to Member Content which we consider, in our sole discretion,to breach any law or to be otherwise unacceptable.
5.10 You acknowledge that we:
a. Have no responsibility or liability for the deletion or failure to store any Member Content uploaded by you or your representative or agent on the Website; and
b. Are not responsible for any Member Content uploaded to our Website by you or your representative or agent nor under any obligation to monitor, move, remove, edit, refuse to upload or disable access to it.
5.11 You represent and warrant that:
a. You own the Member Content or have the necessary licenses, rights, consents, and npermissions to publish the Member Content you upload on the Website;
b. You have the right and power to grant the licence as set out herein to us;
c. The Member Content uploaded by you will not infringe the intellectual property rights of any third party; and
d. You will not upload Member Content that will cause you to breach these Terms, in particular clause 7.
5.12 You understand that we do not guarantee any confidentiality with respect to any Member Content you upload to our Website.
5.13 You acknowledge and agree that we are under no obligation to take legal action in relation to, commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or actions relating to your intellectual property rights in Member Content or PrimaryMarkets Content.
6. PrimaryMarkets Content
6.1 The Website is owned and operated by PrimaryMarkets.
6.2 Any and all content on the Website (PrimaryMarkets Content) is for general information and promotional purposes only. PrimaryMarkets does not warrant or make any representations as to any third party products or services described or referred to on the Website, including any Member Content. Any use of imaryMarkets Content, Member Content or other materials or information
uploaded to the Website by another person or organisation is at your own risk. PrimaryMarkets will
not be liable for any inaccuracies in data or information presented on the Website. You should
confirm any such data or information with the person or organisation to which it relates.
6.3 PrimaryMarkets is not liable for the accuracy or content of any Member Content. To confirm the
details of a Share that you are interested in, you should contact the relevant issuer of that Shares.
6.4 Information provided by PrimaryMarkets on the Website is not intended as a substitute for financial
advice. Because the Website has been prepared without consideration of any specific person’s investment objective, financial situations or needs, an investment adviser should be consulted before any investment decision is made. Users acting on this information without first consulting an adviser do so entirely at their own risk.
6.5 The PrimaryMarkets Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of PrimaryMarkets Content, Member Content or other information uploaded by any other person or organisation on the Website is not an endorsement of any Shares,organisation, product or service.
6.6 If you have a complaint regarding any PrimaryMarkets Content, Member Content or other third party content, contact us at info@primarymarkets.com setting out the details of your complaint. PrimaryMarkets’ sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to refer the complaint by notifying the relevant Member, or to itself modify or remove the particular PrimaryMarkets Content, Member Content or third party content (as applicable).
6.7 All intellectual property rights, including copyright, in the Website and PrimaryMarkets Content excluding Member Content) are owned or licensed by PrimaryMarkets or any of its related entities. You must not copy, modify or transmit any part of the Website or PrimaryMarkets Content without PrimaryMarkets prior written consent.
6.8 The Website contains trademarks, logos and trade names of PrimaryMarkets or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos or trade names appearing on the Website.
6.9 If you are a buyer of Shares, PrimaryMarkets grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, including to browse the Website for Shares displayed on the Website and evaluate or compare the Shares according to your needs.
6.10 If you are a seller of Shares, PrimaryMarkets grants you a non-exclusive and non-transferable licence to use the Website for your own personal use for the limited commercial purpose of displaying your
Shares to Traders and the general public who access or use the Website subject to the estrictions specified in clause 7 and elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
investment advice
The content of the Website is purely factual information and does not involve any recommendation or statement of opinion by us or any other person. It is not intended to be personal or general financial advice, does not consider your objectives, financial situation or needs and you should not treat it at such. Before you make any investment decisions, you should obtain professional independent investment advice and consider any relevant disclosure documents. PrimaryMarkets does not endorse or recommend or advise investment in any Shares, securities or investments referred to on the Website. Nothing on the Website is, or shall be, construed as the provision of advice nor an offer of, or an invitation to take up, securities or investments.
Disclosure of interest
a. PrimaryMarkets, Traders and/or third parties may receive payments, commissions or other commercial benefits from each other in connection with these Terms.
b. PrimaryMarkets and its Directors, employees, contractors and/or consultants may hold Shares or an interest in a Trader and/or Shares displayed on the Website.
Compliance
PrimaryMarkets complies with the prescriptive requirements of being an Authorised Representative of its wholly owned subsidiary Helmsec Global Capital Pty Limited ABN 77 129 825 798 Australian Financial Services Licence Holder No. 334838 as well as the general compliance with the provisions of the Corporations Act 2001 (Cth). If you have any queries as to how to interpret these laws/regulations you should contact your own lawyer.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
International Use
We make no representation or warranty that any information or content accessible through the Website are appropriate or available for use in locations outside Australia.
Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
Contacting us
If you have questions about the Website or the Terms, please contact us by email at