Terms of Use — DYGStocks

Welcome to DYGStocks

These Terms of Use ("Terms") govern your access to and use of the DYGStocks website, software platform, applications, reports, educational content and related services (collectively referred to as the Platform).

Please read these Terms carefully before using the Platform.

By creating an account, subscribing to a service, accessing the Platform or using any part of DYGStocks, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use the Platform.

These Terms should be read together with our Privacy Policy, Disclaimer and any other policies published on the Platform.

About DYGStocks

DYGStocks Pty Ltd ("DYGStocks", "we", "our" or "us") operates an online investment research and portfolio management platform designed to assist Australian investors in researching, monitoring and managing long-term investments in dividend-yielding growth companies listed on the Australian Securities Exchange (ASX).

The Platform provides educational resources, proprietary analytical tools, company research, portfolio monitoring features and investment screening capabilities to assist users in making their own informed investment decisions.

DYGStocks is an educational and analytical platform only.

DYGStocks does not provide personal financial advice, investment recommendations, taxation advice or legal advice, and nothing available through the Platform should be interpreted as such.

Acceptance of these Terms

By accessing or using the Platform, you agree to be legally bound by these Terms.

These Terms constitute the entire agreement between you and DYGStocks regarding your access to and use of the Platform and replace any previous agreements, understandings or representations relating to the Platform.

If you access or use the Platform on behalf of a business, company, trust or other legal entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for ensuring that all persons who access the Platform through your account comply with these Terms.

Definitions

In these Terms, unless the context requires otherwise:

Account means the registered user account created to access all or part of the Platform.

Business Day means a day other than a Saturday, Sunday or public holiday in Tasmania, Australia.

Content means all information, text, graphics, charts, reports, educational material, images, videos, software, calculations, analytical outputs, layouts, designs, documents and other material made available through the Platform, whether owned by DYGStocks or licensed from a third party.

DYGStocks, we, our or us means DYGStocks Pty Ltd, including its successors and permitted assigns.

Intellectual Property means all present and future intellectual property rights recognised by law, including copyrights, trademarks, patents, designs, domain names, business names, confidential information, trade secrets, proprietary methodologies, algorithms, software, databases, analytical models, know-how and any other proprietary rights, whether registered or unregistered.

Personal Information has the meaning given under the Privacy Act 1988 (Cth) and includes any information or opinion about an identified individual or an individual who is reasonably identifiable.

Platform means the complete DYGStocks ecosystem, including the website, software applications, analytical tools, proprietary methodologies, educational resources, reports, downloadable content, online services, databases, future software developments and all related products and services provided by DYGStocks.

Services means all products, subscriptions, software functionality, analytical tools, educational resources, reports and other services provided through the Platform from time to time.

Subscription means a paid or complimentary membership that provides access to some or all of the Services, subject to the features and conditions applicable to the selected subscription plan.

Subscription Fee means the amount payable by you for your selected Subscription, including any applicable taxes.

Terms means these Terms of Use, together with any policies, notices or documents expressly incorporated by reference.

Third-Party Data means financial market information, company information, corporate announcements, pricing data, news, indices or other information supplied by external organisations and displayed through the Platform.

Third-Party Services means any products, software, websites, payment processors, applications, services or systems owned or operated by parties other than DYGStocks that integrate with or are accessible through the Platform.

User, you or your means the individual or legal entity accessing or using the Platform.

User Data means any information, portfolio data, watchlists, notes, documents, files or other content that you upload, enter, store or transmit through the Platform.

Where the words including, includes or such as are used in these Terms, they are to be interpreted as meaning including without limitation.

Headings are included for convenience only and do not affect the interpretation of these Terms.

Words importing the singular include the plural, and vice versa, where the context permits.

Changes to these Terms

As DYGStocks continues to develop and expand, we may update these Terms from time to time to reflect changes to:

our products and services
legislation or regulatory requirements
security practices
technology
payment services
business operations; or
user experience

The latest version of these Terms will always be published on the Platform.

Unless otherwise required by law, updated Terms become effective immediately upon publication.

Where we consider a change to materially affect your rights or obligations, we will use reasonable efforts to notify you through the Platform, by email or by another appropriate method.

Your continued use of the Platform after revised Terms become effective constitutes acceptance of those revised Terms.

If you do not agree with any revised Terms, you must discontinue using the Platform and, where applicable, cancel your subscription.

Eligibility

To use DYGStocks you must:

be at least 18 years of age, or otherwise have the consent of a parent or legal guardian
have the legal capacity to enter into a binding agreement
comply with all applicable laws relating to your use of the Platform; and
provide accurate, complete and current information when creating your account

You are responsible for ensuring that your use of DYGStocks is lawful within your jurisdiction.

We reserve the right to refuse, suspend or terminate access to the Platform where we reasonably believe these eligibility requirements have not been met.

Your DYGStocks Account

To access certain features of the Platform you may be required to create a DYGStocks account.

You agree to:

provide accurate and complete registration information
keep your account information current
maintain the confidentiality of your username and password
use reasonable security measures to protect your account; and
immediately notify us if you become aware of any unauthorised access or security breach involving your account

You remain responsible for all activity undertaken using your account unless required otherwise by law.

We may suspend, restrict or temporarily lock your account where we reasonably suspect unauthorised access, fraudulent activity or a security risk.

The DYGStocks Platform

The Platform is designed to assist users in researching, analysing and monitoring Australian listed companies using DYGStocks' proprietary methodologies and publicly available market information.

Depending upon your subscription level, the Platform may include features such as:

company research
analytical reports
proprietary screening tools
watchlists
portfolio management
performance reporting
investment education
downloadable resources
calculators
alerts and notifications; and
additional services introduced from time to time

We continually improve and develop the Platform.

Accordingly, we may add, modify, replace or discontinue features, functionality or services without prior notice where reasonably necessary to improve the Platform, maintain security, comply with legal obligations or support future development.

While we endeavour to minimise disruption, some features may change over time as DYGStocks evolves.

Subscription Plans and Fees

Certain features of the Platform are available only through a paid subscription.

DYGStocks may offer different subscription plans, membership levels or promotional offers from time to time. The features, pricing and inclusions of each subscription will be described on the Platform at the time you subscribe.

By purchasing a subscription, you agree to pay all applicable fees associated with your selected subscription plan.

Unless otherwise stated:

subscription fees are payable in advance
subscriptions may be offered on a annual basis only
all prices are displayed in Australian Dollars (AUD); and
prices include Goods and Services Tax (GST) where applicable

Your subscription will commence once your payment has been successfully processed.

We reserve the right to change subscription fees, membership inclusions or pricing structures at any time. Any changes will apply only to future billing periods, and reasonable notice will be provided before revised pricing takes effect.

Special promotional pricing, including Founding Member offers, student pricing or introductory subscriptions, may be subject to separate eligibility requirements and conditions.

Payments and Renewals

Where your subscription automatically renews, you authorise DYGStocks or its nominated payment provider to process recurring payments using your nominated payment method until your subscription is cancelled.

Payment processing is undertaken by independent third-party payment providers. DYGStocks does not store your complete credit or debit card details.

If payment cannot be successfully processed, we may:

notify you of the failed payment
retry the payment
temporarily suspend your subscription; or
restrict access to paid features until payment has been received

You must ensure that your payment details remain current and valid at all times.

You must not attempt to obtain access to the Platform through fraudulent, unlawful or unauthorised payment methods.

Cancellations and Refunds

You may cancel your subscription at any time through your account settings or by contacting DYGStocks.

Unless otherwise required by Australian Consumer Law:

cancellation prevents future renewals only
subscription fees already paid are non-refundable
partial refunds are not provided for unused subscription periods; and
access to paid features continues until the end of your current billing period

Where DYGStocks permanently discontinues a paid subscription before the end of the prepaid subscription period, we may, at our discretion, provide a full or partial refund or an equivalent account credit.

Nothing in these Terms excludes any rights you may have under the Australian Consumer Law.

Acceptable Use

You agree to use the Platform responsibly and only for its intended purpose.

You must not use DYGStocks in any manner that:

is unlawful
infringes another person's legal rights
interferes with the operation or security of the Platform
damages the reputation of DYGStocks
attempts to gain unauthorised access to any system or data
distributes malicious software, viruses or harmful code
disrupts other users' access to the Platform; or
breaches these Terms

Without limiting the above, you must not:

copy or reproduce substantial parts of the Platform
reverse engineer, decompile or attempt to discover the Platform's underlying software or algorithms
scrape, harvest or systematically extract data from the Platform
use automated software, bots or scripts to access the Platform without our written approval
remove copyright notices or proprietary markings
attempt to replicate the DYGStocks methodology, screening logic or proprietary calculations for commercial purposes; or
use the Platform to provide investment services to third parties without our prior written consent

Personal Use Only

Unless expressly authorised in writing by DYGStocks, subscriptions are provided solely for the personal use of the registered account holder.

Your subscription must not be shared with others.

You must not reproduce, distribute, publish, sell, licence, lease or otherwise make available any reports, research, analytical outputs, watchlists, screening results, educational material or other content obtained from the Platform.

You must not use DYGStocks as the basis for providing financial advice, investment recommendations, portfolio management services or any commercial investment business.

Educational institutions, financial advisers, accountants, investment firms, businesses or organisations wishing to provide DYGStocks to multiple users must obtain an appropriate commercial licence from DYGStocks.

Your Responsibilities

You are responsible for:

maintaining the security of your account
ensuring the information you provide is accurate and current
maintaining your own backup copies of any information you choose to retain
ensuring your devices are adequately protected against malware and cyber threats
complying with all applicable laws relating to your use of the Platform; and
independently verifying any information before making investment or financial decisions

Where you upload or enter information into the Platform, you warrant that:

you own the information or have the legal right to use it
the information does not infringe another person's rights
any required consents have been obtained; and
your use of that information complies with applicable privacy laws

You remain solely responsible for the accuracy of any information you enter into the Platform and for any decisions you make based on your own analysis or use of the Platform.

Account Security

You are responsible for maintaining the confidentiality of your login credentials.

You must immediately notify DYGStocks if you suspect:

unauthorised access to your account
loss or theft of your password
fraudulent activity; or
any security breach affecting your account

To protect users and the integrity of the Platform, DYGStocks may suspend, restrict or reset access credentials where reasonably necessary to address suspected security risks.

We reserve the right to require additional identity verification before restoring access to an account where security concerns arise.

Intellectual Property

The Platform, together with all associated software, databases, text, graphics, reports, educational material, visual designs, logos, trademarks, calculations, methodologies and underlying technology, is owned by or licensed to DYGStocks Pty Ltd and is protected by Australian and international intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Subject to these Terms and your subscription (where applicable), DYGStocks grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform solely for your personal, non-commercial investment research and educational purposes.

Except as expressly permitted by law or these Terms, you must not:

reproduce, copy or duplicate any part of the Platform
publish, transmit or distribute Platform content
modify or create derivative works from Platform content
remove copyright, trademark or proprietary notices
commercialise any part of the Platform
sell, licence, lease or sublicense access to the Platform or its content; or
otherwise exploit the Platform for commercial benefit without our prior written consent

This licence automatically terminates if your subscription ends or these Terms are terminated.

Proprietary Methodologies and Analytical Content

DYGStocks has invested substantial time, expertise and resources in developing its proprietary investment methodologies, analytical models and educational framework.

These include, but are not limited to:

the DYGStocks investment methodology

Intrinsic Qualities (InQ®) scoring framework;

proprietary screening logic

Prospect Reports;

SnapShot reports;

Company LookUp;

Watchlists;

Scanner functionality;

portfolio analysis tools
proprietary financial ratios and calculations
educational frameworks
written research
report layouts
visual presentation of analytical information; and
future methodologies, tools and analytical models developed by DYGStocks

These methodologies represent valuable intellectual property and confidential commercial information.

Except where expressly authorised by DYGStocks in writing, you must not:

reproduce or imitate any proprietary methodology
develop competing products using substantially similar methodologies
use DYGStocks reports or analytical outputs to create competing commercial products
systematically analyse or extract Platform outputs to recreate DYGStocks calculations or scoring systems
train artificial intelligence or machine learning models using Platform content
scrape or harvest analytical outputs for commercial purposes; or
otherwise use DYGStocks intellectual property in a manner inconsistent with these Terms

Nothing in these Terms prevents you from conducting your own independent investment research using publicly available information, provided that such research is not derived from or based upon DYGStocks' proprietary methodologies or analytical outputs.

User Data

You retain ownership of any information, portfolio data or other content that you upload or enter into the Platform ("User Data").

By uploading User Data, you grant DYGStocks a worldwide, non-exclusive, royalty-free licence to store, process, reproduce and use that information solely for the purpose of:

providing the Platform
maintaining your account
generating reports and analysis
improving Platform functionality
complying with legal obligations; and
any other purpose authorised by you

DYGStocks does not claim ownership of your User Data.

You warrant that you have all necessary rights, permissions and legal authority to upload or enter User Data into the Platform.

You remain solely responsible for the accuracy and legality of your User Data.

Third-Party Data and Services

The Platform may incorporate or display information obtained from third-party providers, including financial market data, company information, corporate announcements and other publicly available information.

While DYGStocks uses reputable data sources, we do not control those third-party providers and cannot guarantee the accuracy, completeness, availability or timeliness of their information.

Third-party data may change, be corrected, delayed or withdrawn without notice.

Where the Platform integrates with third-party software or services, your use of those services remains subject to the applicable third-party terms and conditions.

DYGStocks accepts no responsibility for the operation, security or availability of third-party systems.

Educational Purpose — No Financial Advice

DYGStocks is an investment education and analytical platform.

The Platform is designed to assist users in researching and analysing Australian listed companies using proprietary methodologies and publicly available information.

Nothing on the Platform constitutes:

financial product advice
personal financial advice
investment recommendations
securities recommendations
taxation advice
legal advice; or
a recommendation to buy, sell or hold any financial product

Information provided by the Platform is general in nature and has not been prepared having regard to your personal objectives, financial situation or individual needs.

Before making any investment decision, you should carefully consider whether the information is appropriate for your circumstances and, where appropriate, obtain advice from a suitably qualified licensed financial adviser, accountant or taxation professional.

All investment decisions remain solely your responsibility.

Investment Risk

Investing in financial markets involves risk.

The value of investments may rise or fall, dividends may change or cease, companies may fail and past performance is not necessarily indicative of future performance.

Although DYGStocks seeks to provide high-quality analytical tools and educational resources, no investment methodology can eliminate investment risk or guarantee investment success.

You acknowledge that:

all investments carry risk
investment returns cannot be guaranteed
analytical models are based on assumptions and available information
market conditions continually change; and
you remain solely responsible for your own investment decisions and outcomes

DYGStocks accepts no responsibility for any investment loss, missed opportunity or financial outcome arising from your use of the Platform.

Taxation Information

Where the Platform provides taxation estimates, dividend calculations, franking credit estimates or other taxation-related information, that information is provided solely as a guide.

Tax legislation, taxation rulings and individual circumstances vary and may change over time.

DYGStocks is not a registered tax agent and does not provide taxation advice.

You should obtain independent professional taxation advice regarding your own circumstances before relying upon any taxation-related information generated by the Platform.

Platform Availability

DYGStocks aims to provide a reliable and secure Platform that is available whenever you need it. However, we do not guarantee uninterrupted or error-free access.

From time to time the Platform may be unavailable due to:

scheduled maintenance
software updates
security improvements
equipment failure
telecommunications or internet outages
failures of third-party service providers
cyber security incidents
events beyond our reasonable control; or
other operational requirements

Where reasonably practicable, we will endeavour to provide advance notice of planned maintenance that is likely to significantly affect Platform availability.

We may suspend or restrict access to all or part of the Platform where reasonably necessary to:

protect the security or integrity of the Platform
investigate suspected misuse
comply with legal obligations
undertake maintenance or upgrades; or
protect the interests of DYGStocks or its users

Temporary interruptions do not constitute a breach of these Terms.

Privacy

Your privacy is important to us.

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

By using the Platform, you consent to the handling of your personal information in accordance with our Privacy Policy.

Where there is any inconsistency between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy will prevail to the extent of that inconsistency.

Electronic Communications

You agree that DYGStocks may provide notices, disclosures, invoices, subscription information and other communications electronically.

Communications may be provided through:

the Platform
your registered email address
account notifications; or
any other electronic communication method nominated by you

Electronic communications satisfy any legal requirement that such communications be provided in writing.

It is your responsibility to ensure that your contact details remain accurate and current.

Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis.

DYGStocks does not warrant that:

the Platform will always be available
the Platform will operate without interruption or error
information provided by the Platform will always be complete, accurate or current
defects will be corrected immediately
the Platform will be free from viruses or malicious software; or
the Platform will meet your particular investment objectives or expectations

While we take reasonable steps to maintain the quality, security and reliability of the Platform, no online service can be guaranteed to be completely secure or error free.

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Subject to that limitation, and to the maximum extent permitted by law, DYGStocks excludes all liability for any loss or damage arising directly or indirectly from:

your access to or use of the Platform
your inability to access the Platform
reliance upon information provided by the Platform
investment decisions
taxation decisions
technical failures
third-party data
third-party software or services
unauthorised access to your account resulting from your failure to protect your login credentials; or
any event beyond our reasonable control

To the maximum extent permitted by law, DYGStocks will not be liable for:

loss of profits
loss of investment opportunity
loss of business
loss of revenue
loss of goodwill
indirect loss
consequential loss
incidental loss
special damages; or
loss or corruption of data

Where liability cannot be excluded, our total aggregate liability arising from any claim relating to the Platform will not exceed the total subscription fees paid by you to DYGStocks during the twelve (12) months immediately preceding the event giving rise to the claim.

Indemnity

You agree to indemnify and hold harmless DYGStocks, its directors, employees, contractors and representatives from any loss, liability, damage, claim, expense or legal cost arising from:

your breach of these Terms
your unlawful use of the Platform
infringement of another person's intellectual property rights
information or data uploaded by you
your misuse of Platform content; or
your negligent or fraudulent conduct

This indemnity continues after termination of your account.

Suspension and Termination

We may immediately suspend or terminate your account where we reasonably believe that:

you have breached these Terms
your use of the Platform poses a security risk
fraudulent or unlawful activity is suspected
payment obligations remain outstanding
continued access may adversely affect other users or the Platform; or
we are required to do so by law

Where appropriate, we may provide you with an opportunity to remedy the breach before terminating your account.

You may cancel your account at any time.

Cancellation does not affect any rights or obligations that accrued before termination.

Unless otherwise required by law, subscription fees already paid are not refundable.

Following termination, we may permanently delete User Data in accordance with our Privacy Policy and data retention practices.

Force Majeure

DYGStocks will not be liable for any delay or failure to perform its obligations under these Terms where that delay or failure results from circumstances beyond our reasonable control.

Such circumstances include, but are not limited to:

natural disasters
fire
flood
pandemic
industrial disputes
war
terrorism
cyber attacks
government action
telecommunications failures; or
widespread internet outages

We will use reasonable efforts to resume normal operations as soon as practicable.

General Provisions

These Terms constitute the entire agreement between you and DYGStocks regarding the Platform.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right under these Terms does not constitute a waiver of that right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

DYGStocks may assign its rights or obligations in connection with a corporate restructure, merger, acquisition or sale of the business.

Headings are included for convenience only and do not affect interpretation.

Words importing the singular include the plural and vice versa where the context permits.

Governing Law

These Terms are governed by the laws of the State of Tasmania, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Tasmania in relation to any dispute arising from or connected with these Terms or your use of the Platform.

Where mandatory consumer protection laws apply in your jurisdiction, nothing in these Terms limits any rights that cannot lawfully be excluded.

Contact Us

If you have any questions regarding these Terms or the Platform, please contact:

DYGStocks Pty Ltd

Website: www.dygstocks.com.au

Email: admin@dygstocks.com.au

We aim to respond to genuine enquiries as promptly as reasonably practicable.