Last updated: 6 October 2023
(e) To contact us, please call:
(i) For domestic calls (our primary number): 1800 849 149 (AUS); or
(ii) For international calls : +844 494 6515;
(iii) complete the contact form at https://www.calebandbrown.com/contact/.
(a) You are not required to register to use the Website. However certain features on the Website or Services may only be available if you do register.
(b) When you register, we may provide you with an initial password (which you may be able to change at a later stage) and customer identification which is personal to you. You must keep any customer identification and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
(c) You may cancel your registration, by notifying us at mailto:[email protected] and providing your customer identification.
To create an account, you must be of an age of majority. By creating an account and using the Services you represent and warrant that you are at of an age of majority.
3. Use of content on the Website
(a) The Website is subject to copyright and possibly other intellectual property rights.
(b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
4. Linking to this Website
(a) We encourage you to provide links to the Website. While you may use the name "www.calebandbrown.com", "Caleb & Brown", "or Caleb and Brown Pty Ltd" or any variation thereof in the text of any such link, you may not use the Caleb and Brown Pty Ltd logo or any of our other trade marks without our prior written consent.
(b) You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. Accuracy and completeness of content
(a) Some of the information on the Website may be provided by third parties, including references made in our blogs. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
(b) The material provided and views expressed by other users of the Website are the materials of those users and are not ours.
(c) Unless otherwise stated, the information contained in this website (Information) has been prepared for general information only and does not contain and is not to be taken as containing any advice or recommendation. It is not intended that you rely on the Information for the purpose of making investment decisions. It is made available in good faith by us and has been derived from sources believed to be reliable and accurate. We do not give any warranty as to the accuracy, reliability, or completeness of the Information and accept no responsibility for updating or correcting any part of the Information.
(d) We do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.
6. User Content
(a) You must not provide any material through the Website (Your Content) that:
(i) infringes the intellectual property or other rights of another person;
(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) relates to unlawful conduct;
(iv) creates a privacy or security risk to any person, including by soliciting personal information from any person;
(v) solicits money from any person;
(vi) is false, misleading or deceptive;
(vii) contains financial, legal, medical or other professional advice;
(viii) would harm, abuse, harass, stalk, threaten or otherwise offend;
(ix) would reflect negatively on us, including our goodwill, name and reputation;
(x) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
(xi) would breach any applicable laws; or would result in civil or criminal liability for you, us or any third party.
(b) By providing us with any of Your Content, you:
(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in connection with our provision and promotion of the Website; and
(ii) warrant that you have the right to grant such licence.
(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.
(e) Our Website is not designed to be a long-term storage medium. You are solely responsible for securing and backing up Your Content.
7. General restrictions
In using the Website, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use the Website for any purpose that is unlawful;
(c) interfere with the Website by any means, including distributinge viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(d) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof;
(e) collect or store data about other users of the Website; or
(f) engage in any other conduct that inhibits any other person from using or enjoying the Website.
8. Warranties and liability
(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data;
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9. Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
10. Links and advertisements
The Website may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.
(c) You may update any personal information you have given us at any time by emailing [email protected].
12. Infringing or objectionable content
If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing at [email protected] and provide particulars of such content and a detailed description of why it is objectionable or infringing.
13. No Advice
(a) Unless otherwise stated:
(i) All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market, exchange or trading information, tools, indicators, and materials (Materials) hosted or made available on or through the Website or Services is provided:
(1) for general information purposes only; and
(2) without any regard whatsoever to the personal circumstances of any person.
(ii) Materials hosted or made available on or through the Website or Services does not constitute financial advice regarding any cryptocurrency or any financial product or an offer, solicitation, recommendation or invitation to buy, sell or deal in any way with any cryptocurrency or any financial product.
(b) All statements, representations, estimations, projections or forecasts made in or through the Website or Services by any other person does not represent our opinion or have our endorsement.
(c) Before acting on, or relying upon, any Materials hosted or made available on or through the Website or Services, we strongly recommend that you: (i) undertake your own investigations and enquiries; and
(ii) seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.
(f) Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
(g) Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(i) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.