Stockspot Professionals Services Agreement

Last updated: 30 January 2023

Stockspot ABN 87 163 214 319 is a licensed Australian Financial Services provider (AFSL 536082) regulated by ASIC.

If you are an accountant, adviser or other provider of professional financial services approved by Stockspot Pty Ltd (Stockspot) you can become a Stockspot Professional and receive the benefits of the Stockspot Professionals Program (Program) for your clients.

By applying to register into the Program you accept and agree to the terms and conditions set out in this Stockspot Professionals Services Agreement (Agreement). You also accept and agree to Stockspot’s Terms of Use, as updated or amended from time to time at Stockspot’s discretion (Stockspot’s Terms of Use), which are incorporated into the Agreement by reference.

If you are agreeing to the Agreement not as an individual but on behalf of your company, partnership or other corporate entity, then you agree and acknowledge that you are binding such entity to the Agreement, and that you are fully authorised to do so.

Stockspot may update or modify the Agreement from time to time at its sole discretion. All updates and modifications to the Agreement will be published on Stockspot’s website www.stockspot.com.au. Notice of relevant material updates and modifications will be communicated to you via email at the email address you have provided.

Professionals requirements

Prior to being accepted into the Program, you must complete an Application Form for Professionals and accept the terms and conditions of this Professionals Services Agreement below.

Stockspot will decide if you are accepted to the Program when the above has been completed. Stockspot reserves the right to accept or decline any organisation or individual as a Stockspot Professional.

Program benefits

If you are accepted into the Program and as long as you remain part of it, you will receive access to the benefits of the Program. These may be modified or updated by Stockspot from time to time.

Ongoing obligations

To maintain your status as a Stockspot Professional, you agree to:

  • Actively promote Stockspot to existing and potential clients consistent within your legal, professional and ethical obligations
  • Promote Stockspot on your website (if you have one) by maintaining an active hyperlink to www.stockspot.com.au
  • You will also adhere to the Stockspot Brand Guidelines. This includes not using the Stockspot name or logo anywhere in your company/partnership name, registered business name, product name, service offering, URL, or the names of any social media accounts
  • Act in good faith in the offering and use of Stockspot.

Duration of the Stockspot Professionals Services Agreement

The Agreement is effective immediately upon you being accepted into the Program by Stockspot, and remains in force until:

  • Superseded by Stockspot at any time effective from the online publication date of new or modified terms. Notice of relevant material updates and modifications to this Agreement will be communicated to you via email at the email address you have provided;
  • The Agreement is terminated by either party for any reason by providing one month’s notice in writing to the other party; or
  • The Agreement is terminated by either party, with immediate effect upon written notice provided to the other party, for the other party’s material breach of the terms of the Agreement.

​If the Agreement is terminated for any reason you cannot participate in or receive the benefits of the Program.

To avoid doubt, notwithstanding the termination of the Agreement, Stockspot’s Terms of Use will continue to apply to your use of the Services (as defined in Stockspot’s Terms of Use).

Applicability of Stockspot’s Terms of Use

This Professionals Services Agreement also applies to Stockspot’s Terms of Use. They are incorporated and referenced in the Agreement to the extent applicable and which govern any matter in relation to your dealings with Stockspot, including limitations on liability, indemnification, intellectual property, and governing law.

You acknowledge and agree that all access (including by invited users) to Stockspot’s services will be subject to Stockspot’s current Terms of Use. If there is an inconsistency between the Agreements and Stockspot’s Terms of Use, Stockspot’s Terms of Use will take priority.

Relationship of parties

No agency, partnership, joint venture or employment is created between Stockspot and you as a result of the Agreement. You are not authorised to create any obligation, express or implied, on behalf of Stockspot.

Indemnity

You agree to indemnify Stockspot against any and all claims, costs, damages and/or loss that Stockspot may sustain or incur, as a result of any claim by a third party, including your clients and any Stockspot users, arising from: (a) your acts or omissions including, but not limited to, your provision of professional services, implementation support, or other products or services, (b) your breach of the Agreement.

Disclaimer

Please read this Professionals Services Agreement carefully. It is your responsibility to be aware of and observe all applicable regulations of Australia and international jurisdictions. This information contained in the Professionals pages is intended for professionals only including accountants, advisers and other providers of professional financial services as approved by Stockspot.