5. Online Services
Macquarie agrees to allow access to and use of Macquarie Online on the conditions of use below:
- You accept these conditions of use each time Macquarie Online is used by you or your appointed Third Parties.
- You agree:
a) to use Macquarie Online for legitimate purposes
b) not to interfere with or damage (or attempt to interfere with or damage) any Code, data or software associated with Macquarie Online
c) that anything associated with or available through Macquarie Online belongs to us or other third persons and is protected by intellectual property rights and agree not to access, download or otherwise use such things other than as expressly permitted by these conditions of use. You accept full responsibility and agree to reimburse us for any expense, loss or liability reasonably incurred as a result of any unauthorised use by you of such things, and
d) to keep confidential and secure any information or data obtained at any time by using Macquarie Online. - You will promptly notify Macquarie if:
a) you suspect that any person has gained access to your Codes or is using your Codes without your authorisation, or
b) you are aware that you have breached of any of these conditions of use. - Macquarie will:
a) assume that any user (whether that be you or a Third Party) has your authority each time Macquarie Online is used with the applicable Codes in respect of your portfolio unless you have given Macquarie notice to the contrary, and
b) subject to clause 8 (Your instructions), act on properly received instructions in respect of any transaction effected via Macquarie Online using the applicable Codes. - Macquarie will confirm the receipt of instructions to transact (although not the transaction itself) on receipt of instructions.
- You accept responsibility for and agree to reimburse Macquarie for any expense, loss or liability (howsoever characterised) it incurs as a result of the misuse of Macquarie Online in conjunction with your Codes, other than any expenses, losses and liabilities incurred after you have given Macquarie notice under clause 3(a) or where the expense, loss or liability is caused by the fraud or negligence of Macquarie or its employees.
- Anything associated with or available through Macquarie Online belongs to Macquarie or other third persons and is protected by intellectual property rights. You agree not to access, download or otherwise use such things other than as expressly permitted by these conditions of use. You accept responsibility for and agree to reimburse Macquarie for any expense, loss or liability incurred as a result of any unauthorised use by you of such things.
- Macquarie will use reasonable efforts to provide (but does not warrant that it will provide):
a) access to Macquarie Online at all reasonable times, and
b) reliable data and information, to the extent that it is within its control. Macquarie takes no responsibility for the reliability of data and information outside its control. - To the extent permitted by law, Macquarie excludes or otherwise limits to the cost of resupply of the Macquarie Online services:
a) liability for any delay, interruption or unavailability of Macquarie Online or otherwise acting on your instructions, and
b) liability for any inaccuracy or incompleteness of data where that data has been provided to Macquarie by a third party or is otherwise outside the reasonable control of Macquarie. - Macquarie reserves the right to:
a) change any of these conditions of use at any time by giving you 30 days notice of material changes and reasonable notice of any other changes, and
b) suspend or terminate use of Macquarie Online at any time for misuse of the services or where it is otherwise reasonable for Macquarie to do so. - You may:
a) end use of this service at any time by giving us written notice, or
b) request us to cancel the authority of a Third Party to access your portfolio(s) using the service at any time. We may require written confirmation of this request. - Your right to use Macquarie Online is personal to you and cannot be assigned or transferred.
