legal

acknowledgement and acceptance of General Conditions

http://www.evolutionmedia.com.au (the “Site") is owned and operated by evolution media Pty Limited, ABN 77 091 835 924 ("evolution") and may contain material from evolution media and other related companies. Your access to, use of, linking to the Site, use of software or downloading software on the Site (collectively, your “Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("General Conditions"). Your Access to the Site constitutes your agreement to be bound by the General Conditions. evolution reserves the right to amend the General Conditions at any time and you should periodically refer to them on this page and elsewhere on the Site.

ownership of content on the site

The materials displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site ("Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these general Conditions or with the express prior written consent of evolution.
You must not use any spider, screen scraper, robot, or other automated similar software or device ("Prohibited Device") to use or access the Site in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without evolution’s prior written approval. Search engines may access and index content on the Site provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to evolution.

access to the site

You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of evolution or which is prohibited by the General Conditions.
You must not use the Content for commercial purposes without first obtaining the express written authority of evolution. Use of the Content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making.

disclaimer and limitation of liability

The Content on the Site is derived from sources believed to be accurate and current. However, neither evolution nor evolution directors, officers, agents, employees or contractors ("evolution Personnel"):
(a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
(b) warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
Neither evolution nor evolution Personnel shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your Access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation.
In the case of goods or services supplied or offered by evolution or evolution Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at evolution’s option to either:
(a) the supply of the goods (or equivalent goods) or services again; or
(b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
Indemnity
You must indemnify and hold harmless evolution and evolution Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: 
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.
Not investment advice
The Content on the Site provides general information only. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances prior to making any investment decisions.
Some Content on the Site may provide general information about certain financial products including without limitation securities and derivatives products. The Site does not provide, and must not be construed as providing, recommendations in relation to any financial products. Prior to any action or investment you should seek independent professional advice.
Content on the Site about an entity’s application for admission to the official list or applications for the listing or admission to trading status of various products (whether securities or derivatives) or associated offer documents should not be considered in any way as an indication of the merits of the entity or any products. It does not in any way imply that an entity’s application for admission to the official list or an application for any products to be listed or admitted will be approved, and should not be considered in any way as an indication of the merits of the entity or the product.

advertising and links to other web sites

The Site may contain links to third party sites ("Linked Sites"). Linked Sites are not under the control of evolution, and evolution is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site ("Subsequent Link"). evolution provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by evolution or evolution Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
The Site may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties ("Third Party Material"). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors ("Third Party Websites"). Neither evolution nor evolution Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by evolution or evolution Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Neither evolution nor evolution Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.
From time to time, you may notice unusual links appearing on key financial terms on the Site. These links are usually highlighted in text of a different colour and when followed also direct the user to other sites. As with other third party websites, the content of those sites is not endorsed or approved by evolution in any way and are outside our control. These contextual advertising links appear because you have downloaded certain software programs that are designed to create hyperlinks from key words on any websites that users visit.

trade marks

Where a trade mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Site should be construed as being any licence or right of use of any trade mark displayed on the Site.

governing law

These General Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

linking to the site

External parties may link to the following sections of the Site provided the conditions listed under the section Linking Conditions below are met.
Linking to the Home Page. evolution welcomes links to the home page of the Site, provided that the link is a text link only which directs to the home page of [www.evolutionmedia.com.au] and the link to the Site is identified clearly as such on your site.
Linking Conditions
Any link to the evolution website must comply with these General Conditions and the link must not, in evolution’s opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws, including but not limited to sections 52 and 53 of the Trade Practices Act (Cth) 1974. evolution is not liable and you agree to indemnify evolution to the extent that any such conduct is found to have occurred.
The link must be made in good faith, and must not in evolution’s reasonable opinion cause the evolution brand or any evolution trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and evolution.

evolution access rights
You agree to allow evolution access to your web site at any time so that evolution can review whether you are complying with these Conditions. If requested by evolution, you must provide any passwords that are required to access your web site.

Termination
evolution can terminate your right to link to the Site at any time by placing a notice on this Site or by informing you directly. If we terminate your right to link to the Site you must cease linking to the Site immediately.

privacy statement

evolution respects privacy and personal information. Where evolution deals with your personal information, being an Australian company evolution is governed by and complies with the National Privacy Principles which are found in Schedule 3 of the Privacy Act 1988 (Cth) (as amended from time to time).
evolution collects and uses your information to provide information relating to our products and services that is relevant to your interests.

information collection and use

evolution does not collect and process any personal information unless the information is considered necessary for the effective functioning or activities of our business.
Generally, evolution only processes personal information for the purposes for which it was originally collected, unless required or authorised by or under law or if the individual concerned has consented to the intended use. evolution does not collect and/or process any personal or sensitive information against the expressed wishes of an individual, unless evolution is required by law to do so.
evolution may use or pass onto others any personal information without the consent of the individual(s) concerned unless prevented by law.  evolution’s third party service providers may occasionally have access to the personal information held by evolution under conditions of confidentiality.
evolution takes steps to ensure that personal information is kept safe from misuse, loss and unauthorised access, modification and disclosure.
evolution will not transfer personal information to a foreign country unless such a transfer is allowed by law.

web site privacy practices

evolution sometimes uses cookie technology on this site in order to provide information and services to web site visitors. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.
If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of the services available on our
website.

other information uses and disclosure

evolution may use information relating to your visit to our website, or information you provide to us, for market research purposes in order to continually improve the product and service that evolution delivers to you.
On occasions, evolution may form relationships with other organisations, designed to bring you special offers or competitions, relevant to your preferences. evolution only deals with parties that demonstrate the same level of commitment to your privacy as evolution does, and can assure complete compliance with all Australian privacy laws.
In the unlikely event that evolution sells a part or whole of its business, its records of personal information may be transferred to the new business owner. The information will remain subject to privacy law and until further notified, will remain subject to evolution’s privacy policy. If at any stage you are receiving communications from evolution and you do not wish to receive any further communications, please let us know.

further questions

At all times, evolution strives to ensure your personal information is treated confidentially, and in accordance with the Privacy Act 1988 (Cth). If you believe your personal information has been handled in a way that does not comply with the Privacy Act 1988 (Cth), or if you wish to access information that evolution holds about you, please contact us. For security reasons, we require that requests for personal information are provided in writing. evolution will endeavour to provide you with this access unless evolution is required or authorised to refuse such access by the laws of Australia. All such enquiries should be directed to:
evolution media Suite 115, 40 Yeo Street, Neutral Bay, New South Wales 2089 Australia

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