Permission to use Optuma (comprising the software, the data it retrieves, testing components, publishing, and related documentation by Optuma Pty Ltd) is conditional on you agreeing to the Optuma Licence Terms.
To use Optuma you will agree to be bound by the Optuma Licence Terms duplicated below. Access to Optuma will be denied if you do not agree to be bound by these terms.
1.1 These Customer Terms for Optuma (“Customer Terms”) are the general terms and conditions on which we supply Optuma to you.
1.2 These Customer Terms are our Standard Form of Agreement, which, along with any other terms that you agree to are binding on you and us. The latest version of these Customer Terms is available on our website at www.optuma.com or on request from our Client Services Department.
1.3 Your agreement with us is made up of these Customer Terms and other terms contained in the documents we produce, including our periodically updated Price Guide and Services Guide, and any application or agreement forms you sign.
1.4 When we say:
1.5 We have also set out in Section 15 some useful definitions of words we use in these Customer Terms.
1.6 Your agreement for each Service we provide you commences from the initial invoice date, a copy of which is available via the web portal we provide to you.
1.7 Your agreement is personal to you. Unless we give you written consent, you remain responsible for complying with your agreement and you may not assign any of your rights or responsibilities to anyone else.
1.8 In addition to your other obligations under these Customer Terms, you agree and acknowledge that:
2.1 If you are purchasing Optuma under a payment plan (which bundles the Optuma program, data and service into a monthly price), your Minimum Term will be listed on the contract agreement which must be signed and returned before you receive access to Optuma. The length of the Minimum Term will be discussed with you directly before it is processed by the Optuma client services team.
2.2 If you are purchasing your perpetual licence of the Optuma program for a higher upfront fee, you do not have a Minimum Term.
2.3 You agree to remain connected to Optuma for the duration of the Minimum Term. You may end your Agreement during the Minimum Term only in accordance with Section 11, which includes payment of a Cancellation Fee and all Charges.
2.4 If there is no Minimum Term, or your Minimum Term has expired, we will supply you with the Service for consecutive periods of 30 days (Trader Services) or 90 days (Professional Services) until either you or we choose to end your Agreement in any of the permitted ways set out in Section 11.
3.1 We may vary any of the terms of this agreement, including our Price and Services Guide at any time. We will give you as much notice as possible of any variation. For some Services, Charges appearing on your account may vary slightly from the price advertised in our Price Guide because Charges are rounded to the nearest cent before applicable taxes are added. These changes will apply from the date we specify.
3.2 When you entered into the Services Agreement, you chose a price plan from our Price Guide and indicated which Services you required. You may change between the price plans described in our Price Guide upon the payment of the applicable fees.
3.3 If any variation by us would cause detriment to you, we will give you reasonable notice usually by an email to your nominated email address. It is your responsibility to ensure that we have your current contact details.
4.1 Once you are connected, we will take reasonable steps to make the Services available to you at all times.
4.2 The Service is only available where suitable access to the Internet is available. It is your responsibility to ensure that you have a suitable Internet connection for use of the Service. You must also ensure that the Services are not blocked by Firewalls and/or anti-virus software.
4.2.1 Where a service requires the use of 3rd party software (such as a real-time data provider) we accept no liability from any outages encountered by the 3rd party software, including those caused by any updates or modifications to our Services.
4.3 The quality and availability of the Services may sometimes be affected or disrupted by factors outside our control such as interruptions to Internet services from Other Carriers and Content Providers, lack of capacity and faults in other telecommunications networks to which the Network is connected.
4.4 We may change or withdraw some or part of the Service from time to time. This may be because of changing technologies, obsolescence, new or different features or functionality, changing Content Providers and the need to remove, replace or modify Content.
4.5 Networks and the Service may also require upgrading, modification, maintenance, repair and other works from time to time. This may result in some or all of the Service becoming temporarily unavailable.
4.6 When subscribing to an Optuma service (Trader Services for example), access to data, including historical data and support for real-time data is subject to an active subscription. If your subscription lapses or is cancelled, access to the data will end as will the support for real-time data access.
4.7 Hardware: Your computer must meet the minimum requirements as set out on our website. In particular, you must have a PC with one of the supported graphics cards.
4.8 Optuma is an advanced software package that can use substantial amounts of Video, CPU and Memory resources. As a result, there are limitations we advise clients to adhere to with regards to: Workbook Size (less than 2Mb), Intraday Historical Data (between 30 days and 150 days depending on the source), Active Alerts (between 25 – 50 depending on time frame and data source) Watchlist Row Counts (500 standard, or 200 with custom scripts or EDFs), etc. The specifics will differ from computer to computer and can be determined by client services should issues arise.
4.8.1 We do not guarantee the performance of Optuma if the advised recommendations are exceeded.
5.1 Optuma is provided to you on the basis of a non-exclusive and non-transferable licence for your own personal use only on a single computer accessible by only one user at a time. The licence commences on payment of the licence fee and continues while licence fees are being paid or unless terminated by notice from Optuma Pty Ltd.
5.2 Licence restrictions: You will not sell, loan, rent, transfer or sub-licence Optuma or your rights under these Licence Terms without the prior written consent of Optuma Pty Ltd. You will not allow access to Optuma by multiple users at any one time through networking arrangements or otherwise. You will not use Optuma other than for your own personal use. To protect Optuma Pty Ltd’s intellectual property rights in Optuma you will not, and will not allow or cause a third party, to decompile, disassemble, reverse engineer, copy or modify Optuma or use the whole or any part of Optuma to assist in the development of a similar or competitive product or otherwise use Optuma except as provided in these Licence Terms. You will take appropriate measures to prevent unauthorised use or access to Optuma.
6.1 Support for 3rd Party Programs such as Firewalls, SPAM Filters etc are not covered. If our client services technician identifies that a problem is caused by a 3rd party program it is your responsibility to resolve this issue before any additional support can be offered.
6.2 Support will not be available if your computer does not meet the minimum system requirements for the Optuma program you have installed.
6.3 While every effort is made to ensure emailed notifications are not intercepted by SPAM filters, we are not responsible for any delays caused by such email filtering programs.
6.4 Support will be during the hours indicated on the Contact Us page of our website, however, these times are subject to change without notice. All support services are provided based on the level of access you are subscribed to, with the priority order set as Professional Services, Trader Services, No Services.
6.5 Remote Support Sessions (Remote Support Sessions involve a client services member connecting to your PC via an internet connection and taking control of the system) generally require a broadband internet connection to function correctly. While remote supports may be attempted on slower connections, it is up to the support person’s discretion.
6.6 Financial advice and trading system development is not covered by our support services. If your query is to do with the mechanics of trading please seek advice from a licensed advisor or market educator.
6.7 Abusive contact (including those that contain foul language) will be deleted or disconnected, with a warning sent. Repeat offenders will have access to Optuma support services blocked from our system. Abusive phone calls will not be tolerated. Any support team member may terminate abusive contact at their discretion.
6.8 We reserve the right to record any telephone calls placed with our support or sales staff. If you do not wish the conversation to be recorded please inform the operator at the start of the call so alternative support/sales arrangements can be provided.
7.1 You must pay us all Charges for Services on your Account.
7.2 All annual subscriptions will renew automatically unless cancelled before the renewal date. Subscription renewals will be processed against the existing credit card we have on file. Where a credit card is not the selected payment method, or the cards details have expired, it is your responsibility to renew the subscription manually (via the User Portal). An email will be sent to you 2 weeks from the renewal date, if any action is required to continue the subscription instructions will be provided in the email.
7.3 All monthly subscriptions will renew automatically on the renewal date. Subscription renewals will be processed against the existing credit card we have on file. If the cards details have expired, it is your responsibility to update your card details (via the User Portal). An email will be sent to you 2 weeks from the renewal date if we detect a card that is nearly expired.
7.4 Your bill will normally include your fixed Charges for the next Billing. The initial invoice may also contain a Charge for Connection. Any taxes, including the Goods & Services Tax (GST) will be added to your bill at the relevant rate where applicable. Our invoices will be compliant GST tax invoices and are delivered to you via email. All invoices are also available in the web portal that we provide you with.
7.5 Payment is required in advance of the Billing Period.
7.6 We reserve the right to introduce a fee for paying your account using a credit card. If we introduce such a fee we will provide you with sufficient notice of the fee and the date from which it will apply.
7.7 If you fail to pay your bill on time, you will be in breach of your Agreement and we may suspend your Service. You will still have to pay your outstanding Charges for the Minimum Term, including any fee for late payment. If we Suspend you and we agree to re-Connect you, you will be required to pay a re-Connection fee which will be added to your Charges.
7.8 If we take legal or other collection action against you for non-payment of the Charges, we may require you to pay our reasonable costs and expenses (including legal costs on an indemnity basis) of taking that action.
7.9 Any Charges billed monthly in advance may not be refundable upon termination of your Agreement for any reason. Any charges billed yearly (or greater) in advance which attract discounts, may not be refundable upon termination of your Agreement for any reason.
7.10 Ordinarily we will accept payment of Charges by credit card, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured. You must pay all bank or credit card fees or charges where applicable. We reserve the right to require you to pay by direct deposit, credit card or periodic debit/payment authority at any time and may require immediate deposit or payment.
7.11 By applying for Services, you undertake to provide your correct name, email, address and all other factual information. You agree that:
7.12 You may only use the Services:
7.13 You must not use the Services or allow anyone else to use the Services, for illegal or improper uses. For example:
7.14 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your Services and Account. A fair use policy may apply.
7.15 Your use of any of the Services that are provided free of charge or on a subscription basis is subject to our fair use policy. Under that policy, you must use the Services within reasonable limits.
7.16 In the event a problem is encountered with Optuma we will provide all support resources needed to have the matter resolved within a reasonable time frame. Where a programming change is required, the matter will be considered and issued a priority level on a case by case basis. In these circumstances we can provide no guarantee with regards to a release date for the update, however, we will keep you informed on all progress.
7.16.1 In the event further information is required you must provide all information requested by our staff, which may include remote access at a mutually agreed upon time. We accept no liability for delays that may result from non-compliance with regards to information requests.
7.17 You are free to use chart images, screenshots, or PDF prints of Optuma charts for your own records, publication, and Social Media without requiring further written consent from us subject to the following condition. The Optuma logo must be visible and legible on each and every image you produce with Optuma.
8.1 If you are unhappy about any aspect of the Services or any Product, you may contact Customer Care. We will investigate any complaint in accordance with our complaint handling policy.
8.4 Our data collection is limited to data you have provided us, your computer specifications and statistics from our servers, your use of our Service. We do not collect any specific analysis that you perform on our Services.
8.6 Trials of Optuma may be offered to allow for a detailed review of the program’s capabilities and to consider its suitability for your requirements. For this reason, refund requests will only be considered by management if:
There is a critical flaw within the Optuma program which is not related to your systems non-compliance with minimum specifications, or failure to comply with section 4.8 of these terms and conditions.
The issue has not been resolved within a reasonable amount of time.
Sections 7.16 and 7.16.1 of this agreement have been complied with.
Any refund request falling outside of the above terms will be considered under the consumer protection guidelines specified in your jurisdiction at the time Optuma was purchased. Any refund processed may incur a processing fee of 10% of the original invoice amount.
8.7 We may collect statistical data on the features of the Services that you access. This helps our planning for further development and notifying users in the event of any technical issues with a feature.
8.8 Items purchased during any sale where discounts are applied do not qualify for 30-day money-back guarantee period unless specifically stated otherwise within the sales marketing material (emails, banners, etc). Any refund requests made on sale items will be considered under the guidelines outlined in Section 8.6.
9.1 All rights, including copyright, in the services belong to us or our licensed partners, such as Data Exchanges or Indicator providers.
9.2 Any trademark and other related images, logos and names on services are proprietary marks of our group of companies.
9.3 If you submit feedback or suggestions about our products or services, we may use your feedback or suggestions without obligation to you.
10.1 As the Optuma group of companies, does not utilise any Cold Calling or Door to Door sales techniques, a cooling-off period is not offered for any purchases of Optuma products or services. If in doubt, most services are available for an initial trial so you can assess the suitability of the product.
10.2 We reserve the right to refuse to provide a trial when we suspect that the trials are being exploited.
11.1 Your right to cancel the service
(a) You may cancel the service at any time by:
11.2 Our right to cancel the service – non fixed-length agreement.
(a) If the agreement is a non fixed-length agreement, we may cancel the service at any time by giving you at least 14 days notice.
11.3 Our right to cancel the service – non fixed-length agreement and fixed-length agreement
(a) We may cancel the service at any time, if:
(b) We may cancel the service under paragraph (a) above as soon as we give you notice unless otherwise set out in the agreement. We will give you as much prior notice as we reasonably can before we cancel the service. However, we may cancel the service immediately if we see cause to do so.
11.4 Multiple services
If you have more than one service with us and you are in breach of your agreement under any service, we have the right to cancel all of your services if the breach is not rectified and if there are reasonable grounds for us to believe your continued use of that service represents a risk to us.
11.5 How can you cancel the service?
11.6 When will the service be cancelled?
The service will be cancelled on the cancellation date. You will not be able to use the service after the cancellation date.
11.7 What happens when the service is cancelled?
11.8 Cancellation of services that have been active for less than 6 months.
If you cancel your service and it has been active for less than 6 months, an additional cancellation fee of $195 is payable, in addition to the remaining payout totals.
11.9 Cancellation of fixed-term contract payout totals.
The cost to cancel a fixed-term contract is calculated by multiplying the total number of months remaining on your contract by 50% of the standard monthly invoice value (per month).
11.10 Outstanding Payments
Where payments resulting from service cancellations remain outstanding for a period of 90 days or greater, Optuma Pty Ltd reserves the right to pass your contact details to a certified debt collection agency.
11.11 Financial Hardship
In the event the service is cancelled due to financial hardship, a request can be made to Optuma Pty Ltd to allow for a revised payment structure to be considered (smaller payments over a longer period of time for example).
11.12 Service Suspension
In the event of a personal emergency, a one-time suspension to the Optuma service is available for a period of up to 3 months. During this time all payments will be suspended temporarily and access to the program terminated. After the 3 month period, the contract will resume as per normal with or without contact from the client.
12.1 All of our obligations to you relating to the Services are set out in your Agreement and, except as otherwise set out in this Section 13:
12.2 Nothing in your Agreement removes or limits our liability for death or personal injury caused by our negligence, our fraud or for anything that we cannot limit or exclude by law. Your statutory rights are not affected.
12.3 If legislation implies warranties or conditions which cannot be excluded, restricted or modified, to the extent that we are entitled, our liability will be limited at our option to: the supply of the Services again.
12.4 We will ensure the accuracy, quality and timely delivery of the Services, however:
12.5 In providing you with access to any of the Services or Content, neither we nor our Carrier nor Content Providers are providing you with any advice of any nature, including, without limitation, investment advice. In respect of any Services or Content containing investment information, we are not communicating invitations or inducements to enter into investment agreements.
12.6 You agree to indemnify us, our employees, officers and any Other Carrier or Content Provider against all loss, damage, liability and expenses of any kind incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity brought against us or them in relation to use of the Services by you or any other person using the Services. Matters beyond our control.
12.7 We will not be liable to you if we cannot carry out our obligations, or provide the Services, because of something beyond our control.
12.8 The items contained in Section 12 will apply even after your Agreement has ended.
12.9 We will not be liable in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect or consequential loss or damage) however caused, which may be suffered, or incurred or which may arise directly or indirectly in respect of the use of, or inability to use Optuma Services.
13.1 We will consider you have received information from us if it is included on our website or if it is directly communicated to you by phone, message, email or mail using your most recent contact details given to us.
14.1 Your Agreement is the entire agreement between us and you and supersedes all other representations made to you including (without limitation) any oral or written representations about the Services or the Charges.
14.2 Your Agreement is governed by the laws of Queensland, Australia. Each of us agree to only bring legal actions about your Agreement in the courts in Brisbane, Queensland.
14.3 If you, or we, delay, or do not take action, to enforce our respective rights under your Agreement, this does not stop you or us from taking action later.
14.4 If any of the terms in your Agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.
14.5 We may assign or transfer our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under your Agreement.
14.6 “Optuma” is a registered trademark licensed to the Optuma Pty Ltd. Our Australian Business Number (ABN) is 41 628 890 095 and our registered office is at 200 Adelaide St, BRISBANE QLD 4000, AUSTRALIA. Our website address is www.Optuma.com.
Any of the records we keep about you including records of your payments, outstanding charges and your personal details.
Agreement: the terms and conditions described in these Customer Terms, your service description, the Price Guide and any other terms (including without limitation those contained in any application or agreement forms we produce) you sign.
Billing Period: Our billing period for the Services as may change from time to time.*
Cancellation Fee: a fee charged when you cancel your Services before the end of the Minimum Term or where we have terminated the Agreement as a result of your breach. The fee may cover (without limitation) our administrative costs, costs incurred by us in Connecting and Disconnecting the Services for you, our payments to Other Carriers, our payments to dealers or agents.
Charges: all charges for Services as published in our periodically updated Price Guide or as notified to you from time to time including but not limited to usage charges, a Cancellation Fee, late payment fees and Payment Plan payments.
Connection: the process of giving you access to the Services. “Connected”, “Connecting”, “Disconnection”, “Disconnecting” and “Re-connection” have corresponding meanings.
Content: any data provided by us or a Content Provider and that can be accessed using the Services.
Content Provider: a person that supplies us, or you directly, with Content. This includes (without limitation) a person who supplies share market information and news services.
Customer Services: our service team who are available to help you with your queries. They can be contacted by visiting https://www.optuma.com/contact/.
Messaging Services: any Services specified in the Services Guides enabling you to access, send and receive messages including but not limited to mail, fax, text or data messages.
Minimum Term: the minimum fixed term for supply of the Services as specified in this Agreement.
Price Guide: a statement of current usage charges, airtime charges, and other charges for Services notified to you or to customers generally and amended by us from time to time.
Processing Fee: Calculated at 20% of the invoice amount, within the structure of existing local consumer laws.
Services Guide: our descriptions of our current services. These may be amended by us from time to time and are available on our website.
Software: any software portion of Optuma that you install on your own computer/hardware.
Suspension: the temporary disconnection of or any part of the Services. “Suspend” has a corresponding meaning.
Standard Form Of Agreement Customer Terms for Optuma Services, Version 2, June 2021 – © Optuma Pty Ltd