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The Sentiment (www.thesentiment.com.au), including all of its features and content is a service made available by Emerald Financial Group, ABN 85 106 823 741, and all content, information and software provided on and through this Website (“Content”) may be used solely in accordance with these Terms and Conditions of Service.

We (The Sentiment) invite you to post comments and articles, across www.thesentiment.com.au.

When using the comments and articles submission functions, you agree to be bound by the following terms and conditions.

If you think that a comment, article or video that has been posted is offensive, unsuitable or has in some other way breached these terms and conditions, please contact us with a link to the comment or article and your reasons for objecting to it. We’ll consider whether there are grounds for editing or removing the comment or article and take appropriate action, but you won’t necessarily be contacted as to our decision.

Our rights

  1. We retain the right and discretion (but not the obligation) to edit, delete, reject or remove any comment, article or video which you post or seek to post in the comments and articles.
  2. By using our services, posting or adding any content onto The Sentiment, you grant The Sentiment a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit The Sentiment to authorise any other party to do the same thing if The Sentiment chooses to do this.
  3. We retain the right and discretion to terminate your access to the comments and articles if we believe you are abusing the services in any way, or have breached these terms and conditions.
  4. You consent to our collecting and storing your IP address for security purposes.
  5. We retain the right to contact you on the email address you provide at our discretion.

Your obligations

  1. You will comply with our Comments Policy and will not post any material in the comments and articles that:
  • is unoriginal, or in which you don’t own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
  • is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or unlawful;
  • is (or could reasonably be expected to be) defamatory of any person;
  • racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
  1. You will not use the comments and articles areas for the purpose of:
  2. advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.

Disclaimer of Warranties

  1. The views which are expressed in the comments, articles and video areas are not our views, nor the views of any of The Sentiment, and – to the extent permitted at law – we accept no liability in respect of any material posted in the comments, articles and video areas, nor are we responsible for its content and accuracy.
  2. You rely on material posted in the comments and articles at your own risk. The Sentiment cannot confirm the factual reliability of comments or articles posted on the site and advises users to do their own research if considering an investment in any company or product discussed within comments or articles.
  3. You acknowledge and agree that:
  • The Sentiment gives you access to research and opinions about financial markets and financial news, but The Sentiment does not itself provide any opinions, advice or recommendations; like other financial media outlets.
  • The Sentiment’s primary purpose is to publish financial markets content, not to provide financial product advice; and accordingly, The Sentiment does not hold an Australian Financial Services Licence.
  • The information provided on the Website or Services is general in nature and does not constitute financial advice. If any of the Content contains financial advice, it is general advice only and does not consider your personal circumstances.
  • The Sentiment does not guarantee the accuracy of the information on the Website or Services, including information provided by contributors or Third Parties.
  • You will not rely on the Website or Services to make a financial or investment decision. Before making any decision, you must seek professional advice to take into account your particular investment objectives, financial situation and needs.
  • You accept sole responsibility for using the information and material on the Website and Services, and the Website and Services is no substitute for financial advice.
  1. You acknowledge that The Sentiment makes no representation or warranty:
  • that your access to the Website or Services (including any Third Party applications or payment platforms on the Website) will be, timely, secure, uninterrupted and/or error-free;
  • that any defects on the Website will be corrected;
  • that any information disclosed on the Website or Services will be accurate, up to date, complete or useful;
  • that the Website or the server/s which stores and transmits the Website to you are free from viruses or any other harmful components;
  • about the accuracy, reliability or completeness of information on the Website or Services.

Indemnity and Limitation of Liability

  1. You agree to indemnify, and continually indemnify, The Sentiment in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that The Sentiment incurs as a result of your use of the Website or Services, and/or from your failure to comply with these Terms.
  2. You agree that The Sentiment shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services, including but not limited to, reliance on the information or content on the Website.
  3. In no circumstances will The Sentiment be liable for any incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of (or inability to use) the Website or Services whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage or loss.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, The Sentiment excludes all conditions and warranties that may be implied by law. To the extent permitted by law, The Sentiment’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair.

Indemnities

  1. You agree to fully indemnify and hold harmless The Sentiment and its related entities against any liabilities, demands, payments, claims, costs, loss (including consequential loss) or damage suffered or caused or incurred by us, our related entities or any third party directly or indirectly:
  2. a) by reason of your reliance on any material posted in the comments, articles and video areas; or
  3. b) as a result of any material you post in the comments, articles and video areas, including any misrepresentation, failure, negligence and/or as a result of any breach by you of these terms and conditions.

Advertisements and Promotion

  1. The Sentiment may run sponsored advertisements and promotions from a Third Party on the Website or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than The Sentiment found on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. The Sentiment is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third Party advertisers on the Website.