Terms and Conditions of Use


Last updated 29 March 2007

1. The BigPulse website ("BigPulse") is owned and operated by JustIssues Pty Limited (ACN 091 291 057) ("JustIssues"). Your use of BigPulse and its facilities is subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on BigPulse (known collectively as "Terms and Conditions"). You acknowledge that your use of, and/or access to, the BigPulse website constitutes your agreement to the Terms and Conditions in consideration for the BigPulse facilities accessed by you providing that if you do not acknowledge this agreement please exit the BigPulse now. JustIssues reserves the right to amend the Terms and Conditions at any time so that your visits to or access to BigPulse shall be subject to those terms and conditions existing at the time of each visit. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the BigPulse website.

Online facilities

2. The BigPulse website contains voting engines, search engines, survey facilities, issuemeter facilities, electronic bulletin boards, chat rooms and other online facilities which provide for feedback by users of BigPulse, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Online Facilities").

It is a condition of your use of any Online Facility and your access to the BigPulse website that you do not do any of the following:

(i) restrict or inhibit any other user from using or enjoying any Forum;

(ii) impersonate any person, company, association, organisation, government, body or entity;

(iii) engage in or promote any pyramid schemes, chain letters, unsolicited emails, spamming via BigPulse or hyperlinked to it;

(iv) stalk or harass or threaten any BigPulse user or staff;

(v) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, inappropriate, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

(vi) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

(vii) post or transmit any material of any kind which contains a virus or other harmful component;

(viii) post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

(ix) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

(x) download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

(xi) attempt to "stack" votes by voting more frequently than intended in any poll or encourage others to engage in any form of vote stacking.

2. (a) You accept full liability and indemnify JustIssues against all loss and damage resulting from or for the degradation of BigPulse polling data integrity as a consequence of any vote stacking caused by you.

BigPulse may from time to time monitor or review the contents of its Online Facilities. BigPulse reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in BigPulse's sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions. Except when BigPulse contracts to moderate a poll, BigPulse has no obligation whatsoever to monitor any Online Facility or to edit, delete or refuse to post such contents. BigPulse is not responsible for any content in any Online Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the BigPulse website are solely their own). You expressly acknowledge and agree that the Online Facilities provide a means of public and not private expressions of opinion.

3. BigPulse reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

4. Trade Marks or copyrighted material may appear on the BigPulse from time to time. Nothing displayed on the BigPulse should be taken as granting any licence or rights of use of any logo, masthead or trade mark displayed on a web site without the express written permission of the relevant owner.

5. Hyperlinks and pointers to websites operated by third parties will appear on the BigPulse from time to time. These websites do not form part of the BigPulse and are not under the control of BigPulse or its related bodies corporate and neither BigPulse nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you access any such websites and leave the BigPulse you do so entirely at your own risk.

6. In some polls, BigPulse may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by BigPulse or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

7. BigPulse and its related bodies corporate do not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by BigPulse or its related bodies corporate of any goods or services of the BigPulse which cannot be excluded, restricted or modified. Otherwise BigPulse and its related bodies corporate exclude all conditions and warranties which may be implied by law.

To the extent permitted by law, BigPulse's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at BigPulse's option, to:

in the case of services supplied or offered by BigPulse:

the re-supply of those services; or

the payment of the cost of having those services re-supplied; and

in the case of goods supplied or offered by BigPulse:

the replacement of the goods or the supply of equivalent goods;

the repair of the goods;

the payment of the cost of having the goods replaced; or

the payment of the cost of having the goods repaired.

You expressly agree and understand that in no circumstances will BigPulse or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by BigPulse or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access the BigPulse or any material on the BigPulse; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on the BigPulse.

8. BigPulse reserves the right at its discretion to terminate your access to the BigPulse at any time without notifying you. In such event:

you are no longer authorised to access the BigPulse;

you will continue to be subject to and bound by all restrictions imposed on you by these terms & conditions; and

all licenses granted by you and all disclaimers by BigPulse and limitations of BigPulse's liability set out in these terms and conditions or elsewhere on the BigPulse will survive.

9. The opinions expressed or information appearing on or sent to you by BigPulse is of a general information nature only and should not be relied upon as advice, opinion or information of a similar or same type as advice , opinion or information upon which a BigPulse user could rely in the course of their business or to make decisions suited to their own particular circumstances. Such advice, opinion or information sought by the BigPulse user (if applicable) should be sought by the BigPulse user elsewhere such as specialized advice or market research suited to the BigPulse user's own business or particular circumstances.

10. All material on the BigPulse website is provided in good faith. It is derived from sources believed to be accurate and current as at the date indicated by reference to the "Last Updated" indicator on the material provided. Neither BigPulse or its related bodies corporate nor its content providers nor their directors or employees make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor do they accept any responsibility arising in any way for errors in, or omissions from, that material.

Neither BigPulse or its related bodies corporate nor its content providers will be liable for loss resulting from any action or investment decision by you in reliance on the information on the BigPulse, nor for any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

11. (i) Data displayed on the BigPulse or distributed by it from its content providers ("Data") may be used for personal and non-commercial purposes only. The Data should not under any circumstances be considered as professional opinion or advice, market research, investment advice or a securities recommendation. It has been prepared for general information only and not having regard to any particular persons business or investment objectives, financial situation or needs. Before making any business or investment decision, any investor or prospective investor should consider, with or without the assistance of a professional or securities adviser, whether any investment is appropriate in light of their particular investment needs, objectives and financial circumstances.

(ii) The Data is compiled from data received from market sources and BigPulse has not verified it for currency or accuracy. Except to the extent required by law BigPulse makes no representations or warranties as to its accuracy, timeliness or completeness. BigPulse and its content providers will not be liable in contract, tort (including for negligence) or otherwise for any loss or damage suffered as a result of the use of or inability to use the Data. The Data is subject to Australian copyright laws and no part of it may be copied, reproduced, modified, transmitted or transferred by any process, electronic or otherwise, without the specific permission of BigPulse. BigPulse is not a licensed Investment Adviser and accordingly no investment advice is proferred.

12. You further agree to licence to Justissues Pty Ltd the right to publish, store, display, copy, transmit, transfer or otherwise digitize the intellectual property rights including copyright in any text, information or data placed by you on the BigPulse site on any multimedia platform including this web site or related sites, or on CD , DVD , CDTV, TV or WAP including broadcast or closed circuit or otherwise or on any other electronic publishing media and further may sub licence such rights to any third party.

13. The Terms and Conditions in this membership agreement and all other specific and additional terms which govern your use of and access to the BigPulse website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.