Terms of Service

Thank you for visiting Market Maven. By accessing and using our website, you acknowledge and accept the following terms. Your continued use signifies your agreement to be bound by our website disclaimer and our terms and conditions.

Updated 20th August 2024

Disclaimer

The information presented on this website is solely for general information purposes.

Please consider the following:

  • Not Professional Advice: Nothing on this website should be construed as offering legal, business, financial, tax, or other professional advice. You should consult with a professional or specialist before making decisions based on the content of this website.
  • Accuracy and Completeness: While we make every effort to ensure the information on our platform is up to date and accurate, we cannot guarantee its completeness or accuracy. Market Maven makes no warranties or representations, whether express or implied, regarding the reliability, suitability, or availability of the content on this website. Any reliance on this information is strictly at your own discretion and risk.
  • Liability Limitation: To the maximum extent allowed by law, Market Maven shall not be held responsible for any losses, damages (both direct and indirect), expenses, or costs resulting from the inaccuracy or incompleteness of the website's information, for any reason whatsoever.
  • Website Availability: We strive to maintain consistent website uptime. However, Market Maven cannot guarantee uninterrupted access to our website and will not be liable for any downtimes or disruptions due to technical issues beyond our control.

By using this website, you acknowledge and agree to the terms set forth in this disclaimer.

Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our website disclaimer and privacy policy, govern Market Maven’s relationship with you in relation to your use of this website and related services.

1. About the Website

The Market Maven website (the ‘website’) is operated by Market Maven Pty Ltd (ABN 97 663 623 050). The website allows you to access and use the Market Maven platform (the ‘services’). Access to and use of the website, and any of its associated products or services, is provided by Market Maven Pty Ltd.

Throughout these terms and conditions, ‘Us’, ‘Our’, ‘We’ and ‘Market Maven’ refers to Market Maven Pty Ltd. ‘You’ and ‘Your’ refers to you, the client, visitor, or user of our website and services.

2. Acceptance of the Terms

Please ensure you have thoroughly read and understood these terms and conditions (the ‘terms’) carefully. By using our website and services, this signifies that you have read, understood and agree to be bound by the terms. If you do not agree with the terms, you must cease usage of the website, or any of the services, immediately.

We reserve the right to amend these terms at our sole discretion. We will make reasonable efforts to notify you of significant changes. Any modifications become effective upon their publication on this page.

3. About the Service

Market Maven is an online platform offering data analytics, insights, and market research tailored to the Australian financial services sector.

We offer both individual and team-based subscription accounts. Please note that the features and terms of these accounts may change from time to time. The terms on this page remain the default unless otherwise specified by account-specific terms.

4. Acceptable Use of the Service

Market Maven, its related services, and website must only be used lawfully. We reserve the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

  • To engage in any act that would disrupt the access, availability, integrity, performance, or security of Market Maven services, including but not limited to tampering with our servers, reverse-engineering, hacking, or imposing an unusually large load on our systems.
  • For any unlawful activities, including and without limitation to data breaches, privacy laws, and content policy violations.
  • Harass, threaten, or deceive other users of the public.
  • Access parts of our service not meant for public use.

This is not an exhaustive list, and we reserve the right to judge the appropriateness of user actions on a case-by-case basis.

5. Exclusion of Competitors

If you are in the business of providing similar services or content for a fee, you are considered a competitor. We expressly prohibit competitors from using our website or obtaining our information, either directly or indirectly. Breaches will result in liability for any losses we incur and any profits you gain from such unauthorised use. We retain the right to deny access at our discretion.

6. Data Privacy and Security

At Market Maven, we are committed to protecting your privacy. The information we gather is utilised to enhance the services we offer. We respect the privacy of your data and strictly adhere to the Australian Privacy Principles.

Market Maven collects, processes, and stores your data on our platform to provide services and facilitate our operations. Details on data handling are available in our Privacy Policy.

We do not engage in selling or sharing personal or customer information. For general insights, we may use aggregated, anonymised data to generate marketing statistics and ascertain user needs.

In specific situations, we might disclose information in good faith, especially when legally mandated or to uphold our customer agreements, protect our customers, or ensure third-party safety.

7. Subscription to use the Service

To access our services, you must first purchase a subscription through the website (the ‘subscription’) and pay the applicable fee for the selected subscription (the ‘subscription fee’). After purchasing a subscription, you will be considered a paid member (a ‘member’).

In purchasing the subscription, you acknowledge and agree that it is your responsibility to ensure that the subscription you elect to purchase is suitable for your use.

Before, during or after your purchase, you must register for an account to access the services. Registration may require personal details, including name, contact information, organisational affiliation, and payment details. You warrant that any information you provide while completing the registration process is accurate, correct and up to date.

By providing your company details, you grant Market Maven a global, royalty-free license to use your company name and logo solely for our marketing purposes.

Upon registration completion, you become a website user (a ‘user’), granting you immediate access to the service from the time you have completed the registration process until the subscription duration expires (the ‘subscription period’).

Usage restrictions apply if you're not of legal contract age or if you're restricted by Australian or international laws.

8. Payments

Subscription fees can be settled through available payment methods on our site, which may be subject to change.

Payments made in the course of your use of Market Maven may be made using third-party services not owned, operated, or otherwise controlled by Market Maven. You acknowledge and agree that Market Maven will not be liable for any losses or damage arising from the operations of third-party payment services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment services you choose to use as a payment method for Market Maven services.

For denied or returned payment requests, you'll bear any resulting costs, including banking fees.

You agree and acknowledge that Market Maven can vary the subscription fee at any time and that the varied subscription fee will come into effect following the conclusion of the existing subscription.

9. Refund Policy

Market Maven will only provide you with a refund of the subscription fee in the event we are unable to continue to provide the services or if the representative of Market Maven makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. In such cases, refunds are proportional to the unused subscription duration.

10. Copyright and Intellectual Property

The website, the services and all of the related products of Market Maven are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless explicitly stated, all rights (including copyright) in the services and website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Market Maven or its contributors.

By using our website, you're granted a limited, non-exclusive, revocable license to access our content. This does not transfer any intellectual property rights to you. Market Maven does not grant you any other rights whatsoever in relation to the website or the services.

Market Maven expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. You may not, without the prior written permission of Market Maven and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services or third-party services for any purpose, unless otherwise provided by these terms. This prohibition does not extend to materials on the website which are freely available for re-use or are in the public domain.

11. General Disclaimer

To the fullest extent permitted by law, Market Maven absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Market Maven gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of harmful components.

Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

  • All terms, guarantees, warranties, representations or conditions which are not expressly stated in the terms are excluded; and
  • Market Maven will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Use of the website and the services is at your own risk. Everything on the website and the services is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Market Maven make any express or implied representation or warranty about the services or any products or services (including the products or services of Market Maven) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  • The accuracy, suitability or currency of any information on the website, the services, or any of its services related products (including third party material and advertisements on the website);
  • Costs incurred as a result of you using the website, the services or any of the products of Market Maven; and
  • The services or operation in respect to links which are provided for your convenience.

12. Limitation of Liability

It is an essential pre-condition to you using our website and services that you agree and accept that Market Maven is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.

You expressly understand and agree that Market Maven, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Market Maven’s total liability arising out of or in connection with the services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.

13. Termination of Contract

The terms will continue to apply until terminated by either you or by Market Maven as set out below.

If you want to terminate the terms, you may do so by not renewing the subscription prior to the end of the subscription period and providing Market Maven with 14 days’ notice of your intention to terminate.

Any notices pursuant to the above clause should be sent, in writing, to Market Maven, either through our registered support channels, or through the subscription cancellation facilities in the user account page of the Market Maven platform.

Market Maven may at any time, terminate the terms with you if:

  • You do not renew the subscription at the end of the subscription period;
  • You have breached any provision of the terms or intend to breach any provision;
  • Market Maven is required to do so by law;
  • The provision of the services to you by Market Maven is, in the opinion of Market Maven, no longer commercially viable.

Subject to local applicable laws, Market Maven reserves the right to discontinue or cancel your subscription or account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the website or the services without notice if you breach any provision of the terms or any applicable law or if your conduct impacts Market Maven’s name or reputation or violates the rights of those of another party.

14. Indemnity

You agree to indemnify Market Maven, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our content;
  • Any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so; and/or
  • Any breach of the terms.

15. Venue and Jurisdiction

The services offered by Market Maven is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

16. Governing Law

The terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Severance

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.