You acknowledge and agree that this site is provided on an "as is" and "as available" basis. 360 ONE WAM Limited, which term shall include its subsidiaries and affiliate companies, does not guarantee the timeliness, accuracy, reliability, completeness, or usefulness of any of the site. 360 ONE WAM Limited does not warrant that this site or downloads will meet your needs or expectations, or be uninterrupted, secure or error free or that this site, its server or any files available for downloading through this site are free of computer viruses or other harmful elements. 360 ONE WAM Limited has no responsibility for viruses or any other damage that may be caused to you as a result of using this site. Periods of volatile or unusual market activity, in particular, may affect systems availability or response time.
You expressly agree that the entire risk as to the quality and performance of this site and the timeliness, usefulness, accuracy or completeness of the site is assumed solely by you. 360 ONE WAM Limited hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, regarding this site, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, 360 ONE WAM Limited disclaims any warranties with respect to any results that may be obtained from the use of this site.
You are responsible for your connectivity:
You agree that you are responsible for the means you use to access the Site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.
Not responsible for third party damages:
360 ONE WAM Limited also disclaims responsibility for damages which third parties may cause to you through the use of this Site, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that 360 ONE WAM Limited will not be responsible for any related damages.
No reliance on Data:
Reasonable precautions have been taken to ensure that Site Content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including Third Party Content, we are unable to assure the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. 360 ONE WAM Limited has no duty to update this Site or any Site Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.
Cautions about future or "forward-looking" statements:
Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
We discourage you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.
Limitation of Liability:
Your sole remedy for dissatisfaction with your use of our site is to stop using the site. You agree that under no circumstances will 360 ONE WAM Limited be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages (collectively, the "excluded damages"), arising out of or in any way connected with your use of or inability to use this site, including but not limited to: loss of revenue, trading losses, anticipated profits, business, savings, goodwill or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission or computer virus; failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet);, severe or extra ordinary weather (including flood, earthquake, or other act of god); fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property, even if 360 ONE WAM Limited have been advised of the possibility of or could have foreseen the excluded damages. Further, 360 ONE WAM Limited will not be responsible for any failure to comply, by you or any third party, with these terms or with applicable central, state and local laws.
These limitations of liability will apply regardless of:
- any negligence or gross negligence of 360 ONE WAM Limited; or
- whether the liability sounds in negligence, strict liability, contract, tort (including negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
You agree that the use of the site is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by you and that 360 ONE WAM Limited shall not be liable for the same. 360 ONE WAM Limited shall not be liable for any damages or injuries arising out of or in connection with the use of the Website or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Instructions or to provide any facility for any cause that is beyond control of 360 ONE WAM Limited. Although 360 ONE WAM Limited agrees to take best efforts to protect security of the data placed on the Internet, 360 ONE WAM Limited shall not be liable at all for any computer virus, misuse if any, of any data placed on the Internet, by third parties "hacking" or unauthorised access, transactions or use of information. You will at all times indemnify 360 ONE WAM Limited from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Site and from and against all damages, costs, charges and expenses in respect thereof.