Stock Doctor Terms and Conditions

Introduction

These Stock Doctor Terms and Conditions (Terms) are current as at 8 October 2020.

What are in these Terms?

These Terms govern our products and services and your use, obligations and responsibilities pursuant to your Stock Doctor subscription.
These Terms incorporate and supersede “Lincoln Indicator’s Software Licence Agreement” dated 7 November 2011 and “Important Information” document dated 1 July 2020.
References to other Terms attached to any Stock Doctor products and services e.g. under “Important Information” see later, are considered to be also incorporated into this document.

Terms apply

By becoming a member of Stock Doctor, you have read, understood and agree to be bound by these Terms (as updated from time to time), the Financial Services Guide, and any other Terms as referenced below.

Products and services offered for members (including trial members)

Products and services included in your Stock Doctor subscription (hereafter called Stock Doctor in these Terms) include, but are not limited to the Stock Doctor member website (www.stockdoctor.com.au) and associated tools or services.

Applicability

These Terms apply to you from the published date, 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).

Who we are

Stock Doctor is provided by Lincoln Indicators Pty Ltd, (“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.

Our own disclosure

Lincoln, Lincoln Financial Group Pty Ltd, any employees and/or associates of these entities, may hold interests in ASX-listed companies referred to on this website. Further information about particular stocks held by these entities, or persons from time to time, is disclosed within Stock Doctor and may change at any time without notice.

General advice only

Any advice that we give in Stock Doctor is 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.

Grant of licence

Lincoln hereby grants you a limited, non-exclusive, non-transferable licence subject to the Terms included to use the products and services offered in Stock Doctor.

Licence is not transferable

You may not temporarily or permanently transfer or sub-license your rights to use Stock Doctor under the Terms, without the prior written consent of Lincoln.

Membership

These Terms apply to all Stock Doctor members, being:

Private investor members
This licence entitles you to use Stock Doctor only for private investment purposes. You must not share your Stock Doctor membership details (such as username and password), or provide Stock Doctor reports or information to anyone else, or allow others to obtain them through your membership.If you are a financial services licensee (within the meaning of the Corporations Act 2001), an accountant in the business of providing financial services, or wish to use the software to provide a service to third parties, you will require a Corporate licence, and not entitled a Private investor licence (see below).

Corporate members
This licence entitles you to 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. Contact our Membership Services Team on 1300 676 333 or by emailing enquiries@lincolnindicators.com.au for details regarding Corporate membership.
Trial members
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.

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.
A limit applies of one trial subscription per year and no more than two trial subscriptions per lifetime. If you (or another person on your behalf) tries to exceed this limit, we can deny you access to the whole or any part of Stock Doctor without notice.

Membership Period

Commencement – Your membership commences:

if you are paying via 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.

Trial members – The membership period for a trial membership is the period of the trial membership as stated in the particular offer. You cannot renew a trial membership.
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 the “Cancellation and Termination” section below).
Corporate members – Membership and renewals are for one-year periods unless we allow longer periods, as we determine from time to time.
For all members – At the end of the licence period (including any extensions), private and corporate members if requested, must certify in writing that they have destroyed any software or information that they have received as part of the subscription that may have recorded on any memory system or any other medium. Any such termination shall be without prejudice to the accrued rights of the parties.

Confidentiality of login details

To use 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.

For corporate members – If you permit a person to use Stock Doctor, you must ensure they agree to these Terms and our Financial Services Guide. Failure to do so is a breach of the Terms and can result in termination of your subscription – see section “Termination by us” below.

Availability of Stock Doctor

We will endeavour to make Stock Doctor available 24 hours a day, 7 days a week, except for:

planned downtime (of which, to the extent practicable, we will provide 8 hours electronic notice if the downtime is estimated to be over 2 hours). Planned downtime is normally undertaken on weekday mornings.
things outside our control, such as an interruption to internet services to you, to us, or to another entity through which Stock Doctor is administered, accessed or hosted, an Act of God, 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.

Important Information

Star Stocks Investment Performance Disclosure

Members of Stock Doctor will have access to stock selection and portfolio management strategies centred around Stock Doctor Star Stocks, along with performance data and graphs for our Star Growth Stocks, Borderline Star Growth Stocks and Star Income Stocks. Members -must read and understand how Star Stock performance is calculated.

Stocks that fail to pass this selection process and strategies have no further research conducted on them.

Star Stock information is for general information purposes only and is not intended as investment advice, or as recommendations to buy, sell or hold a stock.

Bear in mind that investments can go up or down in value and Star Stock past performance is not an indicator of future performance.

Stock selection and portfolio management strategies

Lincoln Indicators currently promotes four (4) stock selection and portfolio management strategies centred around Stock Doctor Star Stocks.

Rebalanced equal weight approach portfolio of Stock Doctor Star Stocks
No rebalance approach of a notional portfolio of Stock Doctor Star Stocks
No rebalance with SD30TSR indicator overlay; and
No rebalance with SDMAX indicator overlay.

Even though the back-tested results are very positive, there are pros and cons associated with each of these strategies. Please refer to the Stock Doctor help centre, resource centre and our public website or tutorials on how to best use the strategies and the type of investor the strategies best suit.

SD30TSR and SDMAX indicators are for general information purposes only, they are not intended as investment advice, or as recommendations to buy, sell or hold a stock and are not to be relied upon as such.

The Portfolio Constructor

The Portfolio Constructor generates a hypothetical portfolio based on a specific investor profile selected by the user (e.g. Aggressive – Growth Focus, Balanced – General Focus, etc.) This profile is determined by the user and may, or may not be appropriate for the user (for example, a user may wish to run the Constructor numerous times using different investor profiles).

This tool is for research purposes only and any output is not a recommendation to buy, sell or hold any stock, and does not suggest appropriate weightings. Rather, the companies highlighted align with Lincoln’s investment approach and are displayed relative to the risk, return and income preference identified as objectives of the profile selected.

The Portfolio Optimiser

The Portfolio Optimiser produces a list of suggested stocks (“Optimised suggestions”) that may be considered as part of a portfolio. The inclusion of a stock is not a recommendation to buy the stock. Rather, the inclusion of a stock in the list of “Optimised suggestions” means that the stock aligns with Lincoln’s investment approach and relative to the risk, return and income preference identified as objectives of the profile selected are stocks to consider for further research. This does not necessarily mean that the portfolio or the stock is appropriate for the user.

Profile Alignment Status

The Status (shown as green, orange or red indicators) as used in the Portfolio Manager, Constructor and Optimiser is not a recommendation to buy, hold or sell any particular stock. Rather, the Status shows how a particular stock aligns with Lincoln’s investment approach and the relative risk, return and income preferences identified as objectives of the profile selected by the user.

Stock Doctor Investors’ Network

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 Member Agreement, which govern attendance at the local meetings and use of the SDIN Online Hub (in addition to these Terms).

Permitted uses of Stock Doctor

As a private investor Stock Doctor member, you may:

browse Stock Doctor and view the information on it for private, non-commercial use only and
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)
use Stock Doctor in any service bureau arrangement (unless you hold a Corporate licence) and/or
do any act which infringes the copyright in Stock Doctor

For corporate members, further conditions are contained in their Corporate Agreement.
A breach of these Terms may result in your membership being immediately cancelled and you being permanently blocked from using Stock Doctor.

Payment

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 Services 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 e.g. credit card, direct debit etc.

Membership fee – For membership, you must pay us the current fee for the agreed membership period within 7 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 7 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 Services 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 your 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.
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 enquiries@lincolnindicators.com.au.

Your obligations

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.

Your rights

To make changes to your nominated account, contact our Membership Services Team by calling 1300 676 333 or by emailing enquiries@lincolnindicators.com.au.

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 enquiries@lincolnindicators.com.au.
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 guarantee excludes 30-day trial subscriptions and subscription renewals. 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. Any such termination shall be without prejudice to the accrued rights of the parties.

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.

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 information derived from Stock Doctor.

Lincoln rights

You acknowledge that the rights to the intellectual property (IP) provided via your licence are the sole and exclusive property of Lincoln. By accepting these Terms, you do not become the owner of the IP, but you do have the right to use the IP in accordance with these Terms. You agree to use your best efforts and to take all reasonable steps to protect the IP from unauthorised use, illegal reproduction, or illicit distribution.

Liability

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 (and its software) 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.

Except as provided by consumer protection law, Lincoln specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, or use of any stock selection or portfolio management strategies/tools.

Except as provided by consumer protection law, under no circumstances will Lincoln Indicators and its related companies be liable for any loss or damage caused by a client’s use or access to any stock selection or portfolio management strategies/tools.

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 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.

Stock Doctor and your 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 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.

Bell Direct portfolio and cash account data

By linking your Bell Direct account with your Stock Doctor account, you consent to your Bell Direct portfolio and cash account data being imported into the Stock Doctor online platform. If you do not have any current holdings or cash account balance in your Bell Direct account, a link will still be created between Bell Direct and Stock Doctor to facilitate full functionality of the online platform.
All trades and cash account transaction data while the accounts are linked will be imported into relevant Stock Doctor portfolios.
If you signed up for a Stock Doctor trial via a Bell Direct offer your data will be deleted from the Stock Doctor online platform when your trial/subscription ends. The data will be deleted no later than 5 business days following the end of your membership. You will receive an email from Lincoln confirming the deletion of the data.

Third party data providers – liability, copyright and disclaimers

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
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. Some of the material provided is published under licence from ASX Operations Pty Limited ACN 004 523 782 (‘ASXO’).

Refinitiv – Forecast and some index, commodity and forecast data are provided by Refinitiv. Copyright © 2018, Refinitiv. All rights reserved. Refinitiv Holdings Limited (“Refinitiv“) and its affiliates are referred to below as “Refinitiv”.
The “Information Product” is any data or service provided by Refinitiv. Refinitiv or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and user is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Refinitiv or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Refinitiv.
User may use the Information Product for internal purposes only. User may copy, paste and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports user’s business purpose; (b) the data is not distributed by user in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet; and (c) where practicable, clearly identifies Refinitiv or its third party providers as the source of the data. Data will be considered in “insubstantial amount” if such amount (a) has no independent commercial value; or (b) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it.
To the extent that the Information Product contains any third party data referred to in the General Restrictions/Notices page set forth on http://www.thomsonreuters.com/datause, the terms set forth on such General Restrictions/Notices page shall apply to user.
User acknowledges that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and user shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control.
NEITHER REFINITIV NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT USER’S SOLE RISK. NEITHER REFINITIV OR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.
IN NO EVENT WILL REFINITIV OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF REFINITIV OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, REFINITIV OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR’S PRODUCTS OR SERVICES

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.

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.

CME Group – CME and COMEX futures data are copyright, CME Group.
You must:

not use the Information or any portion thereof in the creation, distribution, settlement or maintenance of any derivative work (including but not limited to financial products, indexes, quotes, spot prices, curves, surfaces, contracts for difference (CFDs) and other leveraged products, indicative optimized portfolio values (IOPV), net asset value (NAV), or analytical reference figures or values calculated from Information for purposes of fund administration and portfolio management services, risk management services or valuation services based on the Information) unless Subscriber is licensed to do so by CME;
recognise all Intellectual Property Rights as acknowledged between Licensee and CME.
acknowledge and agree that CME is a third-party beneficiary of the Subscriber Agreement, is entitled to the rights and benefits thereunder, and may enforce the provisions of the Subscriber Agreement directly against Subscriber as if it were a party thereto.

General

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.

Entire agreement

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.

Privacy policy

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 disclose personal information to our service providers in accordance with our privacy policy. For example, if you are paying by instalments, information will be given to our financial institution in order to initiate the drawing to your nominated account and information may be given to a Credit Reporting Agency if payments are overdue by more than 60 days. For full details about our privacy practices and your rights, see our ‘Privacy policy and collection notice’. By accessing and using Stock Doctor, you acknowledge you have obtained and read the Privacy policy and collection notice.

Amendment

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 Financial Services Guide so that you are aware of any changes.

Dispute resolution

If you have any complaints about a Lincoln product or service, you can:

contact our Membership Services Team either by email at enquiries@lincolnindicators.com.au or by phone on 1300 676 333. We will endeavour to resolve any member complaint or query as soon as possible
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 info@afca.org.au, or fax (03) 9613 6399.
make a complaint and obtain information about your rights from the Australian Securities and Investments Commission (ASIC) Infoline number 1300 300 630.