Stock Doctor Terms
Information is current as at 19 November 2019.
Please read these Terms if you are considering using Stock Doctor.
By becoming a member of Stock Doctor, you confirm that you are an Australian resident and you have read, understood and agree to be bound by these Terms (as updated from time to time) and the Financial Service Guide.
You can access Stock Doctor on a mobile device or otherwise by going to www.lincolnindicators.com.au. (Separate, additional terms apply when you access that website, which can be found under the heading ‘Legal’ on the website.)
Stock Doctor includes the following for members (including trial members):
- the Stock Doctor section of the website
- the Stock Doctor tool
- any additional, optional services or tools you have chosen (see below)
- any other information accessible from or through Stock Doctor or associated tools or services.
These Terms apply to you from when they are published (see above), whether you are a new or existing member (including a trial member) and whether you are viewing Stock Doctor on your own behalf or on behalf of another person (such as your employer), so you should regularly check for updates.
Stock Doctor includes general financial advice and information that does not take into account your personal situation. You should therefore consider its appropriateness, in light of your objectives, financial situation or needs, before acting on it. Before making any investment decision, you should also consider obtaining personal financial, legal and taxation advice and read our Financial Services Guide. Do not make investment decisions based only on information from Stock Doctor.
Stock Doctor is provided by Lincoln Indicators Pty Limited (“Lincoln”, “we” or “us’) ABN 23 006 715 573 as Corporate Authorised Representative of Lincoln Financial Group Pty Ltd ABN 70 609 751 966, AFSL 483167.
These Terms apply to all Stock Doctor members, being:
- Private investor members – who can use Stock Doctor only for private investment purposes. You must not provide Stock Doctor reports or information to anyone else or allow others to obtain them through your membership.
- Corporate members – who can use Stock Doctor to provide services to others.
Corporate members must enter into a separate agreement with us (called a ‘Corporate Agreement’), that supplements these Terms. Only those named in the Corporate Agreement can use Stock Doctor under a corporate membership, unless additional memberships are purchased.
- Trial members – a potential member (private investor or corporate) may be eligible for trial membership.
User identification and password
For Stock Doctor, you need a valid username and password. You agree to:
- treat these as confidential
- not disclose them to anyone
- take reasonable measures to prevent your username and password being used for unauthorised access to Stock Doctor.
Unless you notify us that the confidentiality of your password has been compromised, we will construe all activity on Stock Doctor using your password as being for and on your behalf. You are responsible for all actions of others using your password.
We can amend your username, password and other security procedures for Stock Doctor at any time.
Commencement – Your membership commences:
- if you are paying as a single amount – when we receive payment of the fee for your selected membership period (when your credit card is processed and approved, your cheque is received and cleared, or your electronic funds are cleared in our bank account)
- if you are paying by instalment – on the first drawing from your account
- if there is no fee (e.g. for a trial membership) – the date notified to you
- if you are renewing your membership – your further period of membership commences from the end of the previous period or when we receive your renewal payment, whichever is later.
Private investor members – Membership and renewals for private investor members are for the period you select from those we offer from time to time (e.g. 1, 2, 3 or 5 years). Your membership will be for the selected period or until terminated earlier (see below).
Corporate members – Membership and renewals are for one-year periods unless we allow longer periods, as we determine from time to time.
Trial members – The membership period for a trial membership is the period of the trial membership (see below). You cannot renew a trial membership.
Availability of Stock Doctor
We will endeavour to make Stock Doctor available 24 hours a day, 7 days a week, except:
- planned downtime (of which, to the extent practicable, we will give at least 8 hours electronic notice and schedule during the weekend (from 6:00 p.m. Friday and 3:00 a.m. Monday Australian Eastern standard time)
- things outside our control, such as an interruption to internet services to you, to us, or to another entity through which Stock Broker is administered, accessed or hosted, an act of Government, flood, fire, earthquake, civil unrest, act of terror, a fault in or delay by another telecommunications network that Stock Doctor is connected to, a strike, or other labour problem (other than one involving our employees), or cyber-attacks such as a denial of service attack.
Membership can include:
- Stock Doctor Investors’ Network
- Portfolio Director
- the Resource Centre
- certain education and other auxiliary services, for which an additional cost may apply.
Membership also provides access to certain data from third party providers (such as the Australian Securities Exchange Ltd, ASX Operations Pty Ltd and other relevant exchanges and bodies).
We can add or change some or all our services at any time.
Stock Doctor members (other than trial members) can join the Stock Doctor Investors’ Network (SDIN), which connects you to like-minded investors through a combination of local face-to-face meetings and online forums. Further information can be found here. If you choose to become a member of SDIN, you are bound by the SDIN terms, which govern attendance at the local meetings and use of the SDIN Online Hub (in addition to these Terms).
Stock Doctor members, including trial members, can also access Portfolio Director. Further information can be found here. If you access Portfolio Director, you are bound by the Portfolio Director terms (in addition to these Terms).
We may offer a trial membership to a prospective member (private investor or corporate) for such period, on such additional terms, and at such cost (if any) that we determine from time to time.
Trial members can access a single trial of Stock Doctor (which may be tailored for that purpose). If you (or another person on your behalf) tries to access more than one trial, we can deny you access to the whole or any part of Stock Doctor without notice.
Any material or information you obtain from Stock Doctor (including by download) during your trial in breach of these Terms remains our property and you agree to provide all and any necessary information to allow us to recover our property and reimburse us for the reasonable cost of doing so.
Permitted uses of Stock Doctor-
As a Stock Doctor member, you may:
- browse Stock Doctor and view the information on it for private, non-commercial use only
- print pages from Stock Doctor to the extent reasonably necessary for your private use in accordance with these Terms.
but you must not, and will not allow or cause a third party to:
- systematically copy (by printing onto paper, storing on disk, screen capture, or in any other way) or download substantial parts of Stock Doctor
- remove, decompile, change, reverse engineer, obscure, disassemble or manipulate in any way anything on or from Stock Doctor
- use all or any part of Stock Doctor to develop a product or service that is similar to Stock Doctor, or assist another person to do so
- otherwise use anything on or from Stock Doctor except as set out in these Terms
- reproduce, retransmit, disseminate, sell, publish or broadcast anything from Stock Doctor
- use Stock Doctor or anything available from Stock Doctor in connection with creating, promoting, trading, or, marketing investment products without our prior written consent
- use Stock Doctor or anything from Stock Doctor for unlawful purposes
- breach any applicable law
- either temporarily or permanently transfer, assign or transfer your rights to use Stock Doctor without our prior written consent
- interfere with, or disrupt other users of Stock Doctor, or any of our services or equipment (including by way of viruses)
- provide anything from a third-party provider (such as the Australian Securities Exchange Ltd, ASX Operations Pty Ltd and other relevant exchanges and bodies) to any other person or entity
- reproduce, rewrite, copy, re-sell, re-distribute, frame link, or make available to any other person or entity anything provided by a third- party provider.
For corporate members, further conditions are in the Corporate Agreement.
A breach may result in your membership being immediately cancelled and you being permanently blocked from using Stock Doctor.
Membership fees (including renewal fees and additional membership fees) are payable as a single payment unless you are eligible to pay by instalment (see below). Our current fees and more information about fees and discounts are in the Financial Service Guide and, for corporate members, in the Corporate Agreement.
For all fees, we can determine from time to time the amount of each fee and how payment can be made eg credit card, direct debit etc.
Membership fee – For membership (including trial membership if a fee is payable), you must pay us the current fee for the agreed membership period within 30 days of receipt of our invoice, unless we have agreed on instalment payments (see below).
Renewal – If you want to renew your membership at the end of the initial period or any renewal period, you must pay us the renewal fee that applies at that time. This must be paid within 30 days of receipt of our invoice and before your membership ends, unless we have agreed on instalment payments (see below). Any outstanding amounts must be paid in full before a new membership period commences. Trial membership cannot be renewed.
Free period – You may receive a Stock Doctor membership for a free period, for example, as part of a trial membership (see above). You are bound by these Terms during any free membership period.
Rewards – We also offer a rewards program for members who refer others to Stock Doctor. For information about the rewards program, see the Financial Service Guide.
Payment by instalments
You can pay your fees by monthly instalments if you are a private investor member with a membership or renewal period of one year only and if we agree. For instalment payments:
- We will periodically debit your monthly fee from you nominated account.
- The first drawing from your account will be on processing of your Stock Doctor registration form.
- Subsequent amounts will be debited from your account on or about the same date each month until the fee is paid in full.
- If any drawing falls due on a non-business day (in Melbourne), it will be debited from your account on the next business day following.
- We will give you at least 14 days’ notice by email or post if there are any changes to these arrangements.
- To discuss any changes, you can contact our Membership Services Team on 1300 676 333 or by emailing email@example.com.
It is your responsibility to ensure that:
- your nominated account can accept direct debits (your financial institution can confirm this)
- there are sufficient cleared funds in the nominated account on the drawing dates
- you advise us if the nominated account is transferred or closed
- you advise us if your credit card is discontinued or has expired (if applicable).
If your drawing is returned or dishonoured by your financial institution, we will re-draw after 3 days. If this has the same result, we will contact you (by phone, email or letter) to discuss payment options. Any transaction fees payable by us in respect of a payment that is returned or dishonoured will be deducted from your nominated account or invoiced to you. Failure to pay membership and transaction fees will result in termination of your Stock Doctor membership and/or us deciding to cancel the instalment arrangement, with payment for the full membership period immediately falling due.
To make changes to your nominated account, contact our Membership Services Team by calling 1300 676 333 or by emailing firstname.lastname@example.org.
All changes to the drawing arrangements should be made at least 5 business days before the next scheduled drawing date.
- If you believe that a drawing has been initiated incorrectly, please immediately contact our Membership Services Team on 1300 676 333 or email email@example.com.
- We will refund a drawn amount if we cannot substantiate the reason for the drawing.
- We can decline your instalment application at any time.
Cancellation and Termination
30-day cancellation by you
We offer a 30-day money back guarantee from the date you become a private investor member. This is not offered to corporate members, if you have ever had a trial membership, or for membership renewals.
To obtain a refund, we can require you to:
- delete all information you have relating to Stock Doctor (including from your personal computer)
- provide us with a letter certifying that you have destroyed any copies you may have recorded on any memory system, personal computer or any other medium, and state your reasons for discontinuing the service.
Termination by private investor members
If you are not satisfied, you can terminate your membership at any time (except if you are a trial member). You may be able to receive a refund – refer to our Financial Services Guide for details.
If the termination is for training and events, please refer to our Booking Conditions.
Termination by corporate members
Corporate members normally cannot terminate their membership (as stated above) and if they do so there will be no reimbursement of any monies pursuant to their agreement.
Termination by us
If you breach any of these Terms, we can terminate your membership immediately by notice in writing (including email) and withdraw your access to Stock Doctor. On receipt of such notice, we can require you to immediately provide us with written confirmation that you have not retained any copies of Stock Doctor and/or materials derived from it.
Links to broker
Stock Doctor may allow members to link their Stock Doctor account to online broking accounts. This can facilitate stock transactions and the sharing of data between a member’s broking account and Stock Doctor account. Any links and data relating to you on Stock Doctor will be deleted on your written request.
Stock transactions effected by your broker based on your instructions are subject to your agreement with your broker. When you enter into stock transactions, you do so with the broker and not with us. We do not act for you in relation to stock transactions.
Subject to your statutory rights, you agree that, in deciding to become or remain a Stock Doctor member, you have not relied in any way on our representations, descriptions, illustrations, specifications, skill or judgment and that you have satisfied yourself as to the condition and suitability of Stock Doctor for you.
Lincoln, or any other company in the Lincoln group and the officers, employees and agents of these entities give no guarantee, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to Stock Doctor (including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of it). All implied guarantees, warranties and liabilities (including liability as to negligence) in relation to same are negated and excluded. This disclaimer does not exclude any liability, warranties implied, or rights conferred, by law that may not be lawfully excluded.
Subject to any statutory rights you might have, you agree that Lincoln and other companies in the Lincoln group are not liable for any loss or damage, including consequential loss or damage, that in any way results from your use or non-use of Stock Doctor (including as a result of any malfunction, breakdown, error or virus in Stock Doctor) or as a result of, or in connection with, the provision or non-provision of services under these Terms.
Subject to any contrary statutory provisions, you agree to indemnify us and keep us indemnified against: (a) all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Stock Doctor; and (b) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by Lincoln in connection with or arising out of a breach by you of any provision of this document.
Nothing in these Terms excludes, restricts or modifies any condition, warranty, guarantee, right or remedy is conferred on you by statute that we are not lawfully able to exclude, restrict or modify. If we breach a non-excludable condition, guarantee or warranty imposed by statute, our liability for breach will be limited, to the extent lawfully permissible, to: (a) for the supply of goods – the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the cost of having the goods repaired; (b) for the provision of services – supplying the services again, or paying the cost of having the services supplied again; whichever we see fit to provide.
Subject to any statutory rights you may have, Lincoln and all related companies are not liable for any loss or damage, (including any consequential loss or damage), arising from the use of Stock Doctor to transmit buy or sell orders to any broker. This includes, but is not limited to, any loss or damage caused by the failure to transmit data to a broker for any reason or the failure of a broker to complete an order in accordance with your instructions for any reason.
Third party data providers – liability, copyright and disclaimers
Neither Lincoln, any company in the Lincoln group, nor any third-party provider is liable to you for:
- failure relating to the supply (or lack of supply) of data by a third-party provider,
- failure in the operation of the Stock Doctor where that failure arises as a result of any non-supply of the necessary data from a third-party provider, and
- any loss suffered by any person (whether arising from negligence or otherwise) for any errors or omissions in, delay or interruption to, or for the use of or results obtained from, data supplied by a third-party data provider.
The following applies to particular third parties:
ASX Operations Pty Ltd – Material supplied by ASX Operations Pty Ltd ACN 004 5273 782 is subject to a claim of copyright and is published under licence from that company. ASX Operations Pty Ltd shall be under no liability whatsoever for any loss suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from material supplied by ASX Operations Pty Ltd.
Hedgebook Limited – Foreign Exchange, International Commodities and International Indices information in Stock Doctor is made available under licence from Hedgebook Limited (a New Zealand registered company numbered 2031496).
Morningstar – ASX-listed company data provided by Morningstar Australasia Pty Ltd (‘Morningstar’) ABN: 95 090 665 544, AFSL: 240892 (a subsidiary of Morningstar, Inc) is subject to copyright © 2014. All rights are reserved by Morningstar in respect of this data. The data and content provided by Morningstar are not guaranteed to be accurate, complete or timely. Neither Morningstar, nor its affiliates nor their content providers have any liability for use or distribution of any of this information. To the extent that any of this information constitutes financial product advice, it is general advice that has been prepared by Morningstar without reference to your objectives, financial situation or needs. Before acting, you should consider the appropriateness of the advice and obtain financial, legal and taxation advice before making any financial investment decision. Investors should obtain the relevant product disclosure statement and consider it before making any decision to invest. Please refer to Morningstar’s Financial Services Guide (FSG) for more information www.morningstar.com.au/fsg.asp. Some of the material provided is published under licence from ASX Operations Pty Limited ACN 004 523 782 (‘ASXO’).
Standard & Poor’s – Some indices used by us are products of S&P Dow Jones Indices LLC and have been licensed for our use. Standard & Poor’s® and S&P® are registered trademarks of Standard & Poor’s Financial Services LLC ("S&P"); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC ("Dow Jones"); S&P® and S&P 500® are trademarks of S&P; and these trademarks have been licensed for use by SPDJI and sublicensed for certain purposes by Lincoln. Stock Doctor is not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, their respective affiliates and none of such parties make any representation regarding the advisability of investing in such product(s) nor do they have any liability for any errors, omissions, or interruptions of the index.
Thomson Reuters – Consensus forecast data is copyright, Thomson Reuters, who reserves all rights. Use, duplication or sale of this service or data in it is strictly prohibited.
Weblink – Weblink’s content providers will not be liable to Stock Doctor members in respect of services Weblink provides to Lincoln.
MSCI – Neither MSCI nor any other party involved in, or related to, compiling, computing or creating the MSCI data makes any express or implied warranties or representations with respect to such data (or the results to be obtained by the use thereof), and all such parties hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to any of such data. Without limiting any of the foregoing, in no event shall MSCI, any of its affiliates or any third party involved in or related to compiling, computing or creating the data have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages. No further distribution or dissemination of the MSCI data is permitted without MSCI’s express written consent.
Governing law and enforceability
These Terms are governed by, and interpreted in accordance with, the laws of Victoria, Australia. Any Term found to be unenforceable will be deleted but will not affect the remaining Terms.
Subject to the terms of any Corporate Agreement (for corporate members), these Terms constitute the entire agreement between you and us and apply:
- for your own use, if you are a private investor member, and
- for you, your company and that company’s employees, for corporate memberships.
Copyright and disclaimer
Stock Doctor contains information supplied by us and third parties, which is protected by copyright and made available under licence. Any unauthorised reproduction of this information is prohibited. These Terms do not pass on any intellectual property or other ownership rights in Stock Doctor.
We are committed to preserving and respecting your privacy and complying with the Privacy Act 1988. We maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your personal information.
We can change information provided on or by Stock Doctor, including these Terms, at any time without notice by publishing updated Terms on the Stock Doctor section of the website. By accessing and using Stock Doctor, you agree to regularly review these Terms for changes. When renewing your membership or you transfer from being a trial member to a full member, you will be asked to acknowledge theses terms and conditions and our FSG, so that you are aware of any changes.
If you have any complaints about a Lincoln product or service, you can:
- contact our Membership Services Team either by email at firstname.lastname@example.org or by phone on 1300 676 333. We will endeavour to resolve any member complaint or query as soon as possible
- if you prefer, you can lodge your complaint in writing to: Chief Operating Officer, Lincoln, Level 2, 379 Collins Street, Melbourne VIC 3000
- complain to the Australian Financial Complaints Authority (although they will generally not deal with a complaint until we have had an opportunity to address it first). This can be by mail to GPO Box 3, Melbourne, Victoria, 3001, by phone 1800 931 678, email to email@example.com, or fax (03) 9613 6399.
- the Australian Securities and Investments Commission (ASIC) also has an Infoline number 1300 300 630 that you may use to make a complaint and obtain information about your rights.
If you have any queries, please email Lincoln at firstname.lastname@example.org.
Copyright 2019 Lincoln Indicators Pty Limited. All rights reserved