Outplay is committed to being transparent with our visitors, customers and partners around our terms, policies and practices, including those relating to our investment education services, data privacy and intellectual property.
PDF versions of each of our policies/disclosures in each section.
The following documents are available to view:
PDF Download - Updated 26/04/2020.
Australian Securities & Investments Commission (ASIC) & Money Smart have provided its own insights into how to invest carefully, especially in this new era of electronic trading/investing. You can view these websites at https://asic.gov.au/ and https://moneysmart.gov.au/, respectively.
The fundamental concept is that you should NOT rely upon the information or opinions you read. Rather, you should use what you read here as starting points for doing independent research on companies/symbols and investing techniques. Then judge for yourself the merits of the material that has been shared in our platform.
Outplay is not here to give you hot "tips," to make "buy" or "sell" recommendations, or to tell you what to do with your money. We're here to help you to learn how to make investment and personal finance decisions for yourself, and to have fun.
You are responsible for your own investment decisions. Outplay will not be responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Outplay will not be liable for any loss or damage caused by a reader's reliance on information obtained in our assets. If you don't accept this responsibility for yourself, then you should not use Outplay.
Data & Analysis
In the material and data that we make available on our site and apps, we rely on a wide variety of sources. We believe these sources of data to be accurate and reliable, but sometimes they may not be. Outplay makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is Outplay liable for any errors or delays in the content or transmission of the data on platforms. We promise not to lie to you, but we reserve the right to be wrong or even stupid.
Looking Out for Your Money
Outplay’s website and apps are designed to help customers obtain financial information to support their investment and personal financial decisions. This information is sometimes provided by our staff and sometimes others.
PDF Download - Updated 26/04/2020.
Effective date: April 26th, 2020
Our Privacy Policy explains how Outplay ("us", "we", or "our") and some of the companies we work with collect, use, share and protect information in relation to our mobile app, website, and any software provided on or in connection with Outplay’s services (collectively, the “Service”, “Services”), and your choices about the collection and use of your information.
1. Who is Outplay?
Outplay is a publisher and a technology platform, not a registered broker-dealer or registered investment adviser and does not provide investment advice. Outplay is for educational purposes only. Outplay was founded in 2019 by a group of close friends with the mission to get Australian’s investing successfully. Outplay exists to teach new investors how to trade in what they believe in successfully by applying technical analysis and other investment techniques.
2. Data Controller & Owner:
Outplay, Level 2 UL40/1341 Dandenong Road, Chadstone VIC 3148
3. Purpose of Our Privacy Policy:
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
4. Definitions:
Service
Service means the outplay.com.au website & Outplay mobile applications operated by Outplay.
Personal Data
Personal Data means data about a living individual who can be identified from that data (or from those andother information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons)determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
5. How we use your Personal Data
We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users and to contact you.
• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide troubleshooting and customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
6. Legitimate Interests
We process your personal data when necessary to pursue our legitimate interests in the following cases:
• Tailoring our websites, apps and communications for you. We collect information about your engagement with us online (such as pages/screens that you have visited on our websites or apps)and combine that with aggregated insights we have about our user base, to build a fuller understanding of your individual preferences
• Send communication to our subscriber base in relation to new content, app & feature updates, critical changes or bug updates.• Monitoring, improving and protecting our products, content and services
• Sending you some types of direct marketing by email, including a welcome email to users and subscribers
• Responding to your comments or complaints• Undertaking, or inviting you to take part in, market research
7. Retention Time
Outplay will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations(for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Outplay will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
8. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may disclose your information to trusted third parties for the purposes set out in this Privacy Policy. We require all third parties to have appropriate technical and operational security measures in place to protect your personal data.
9. How does Outplay disclose or share my information?
Outplay is not in the business of selling or renting your information. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards.
10. What type of External Third Parties do Outplay use?
Cloud storage providers - we use cloud computing platforms that securely store all of our data, including customer details.
Email service providers - in order to send you marketing content and transactional emails, we share your details with our email service providers.
Social Media Platforms - We may make your name and email address available to companies in order to advertise and market our services to you through other platforms on the internet (e.g. Facebook).
Analytics tools - we use analytics tools to track the way that users interact with our website. See more information under ‘Analytics Tools’.
Profiling tools - we use profiling tools to understand how you engage with our Services and show you content we think will be most relevant to you, based on our understanding of your interests and preferences.
Marketing and insights providers - marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process.
Customer service platforms - when you interact with our customer service team, your details are shared with our customer service platform providers.
11. Additional Information
As noted above, Outplay is dedicated to ensuring user privacy through both our policies and actions. If a user finds any portions of this policy unclear or requires more information, they are welcome to email us at privacy@outplay.com.au. This address is staffed by senior members of the company and each email is handled separately.
Outplay finds this policy to be complete and accurate, however it may be amended from time to time as more services are offered or services are replaced or dropped. Outplay may not always notify users of these updates, so members are encouraged to check this page from time to time to make sure that they stay up to date with our policies.
PDF Download - Updated 26/04/2020.
Effective date: April 26th, 2020
1. About the Website
1.1 Welcome to www.outplay.com.au (the 'Website') and the Mobile Application (the ‘service’). Outplay is a publisher and a technology platform, not a registered broker-dealer or registered investment adviser and does not provide investment advice. Outplay is for educational purposes only.
1.2 The Website and Mobile Application is operated by Outplay Pty Ltd (ACN: 641 642 702). Access to and use of the Website or Mobile application, or any of its associated Products or Services, is provided by Outplay. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website or mobile application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Mobile application, or any of Services, immediately.
1.3. Outplay reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Outplay updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Outplay in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Telephone number
(d) Password
3.5. You warrant that any information you give to Outplay in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the service from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Outplay; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Free trial subscription agreement
4.1. Outplay will offer a free trial of its services until the earliest of
(a) the end of the period specified in the specified free-trial order
(b) the start date of any paid order for the applicable service
(c) termination by Outplay, at any time, in its sole discretion
(d) termination by the customer
4.2. The free-trial subscription is still bound by Outplay’s, Terms and conditions, Privacy policy and disclaimers. By using, browsing and/or reading the Website or mobile application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Mobile application, or any of Services, immediately.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Outplay of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of Outplay providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Outplay;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Outplay for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. Payment
6.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Stripe (Credit Card Payment)
(b) PayPal
(c) iTunes AppStore
(d) Google Play
6.2. All payments made in the course of your use of the Services are made using either PayPal or Stripe In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the either PayPal, Stripe terms and conditions which are available on their website.
6.3. All payments made in the course of your use of the Services are made using either iTunes AppStore or Google Play In using the Mobile application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the either iTunes AppStore or Google Play terms and conditions which are available on their website.
6.4. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
6.5. You agree to the individual products for sale as well as a subscription to Outplay’s memberships of regular fee-based services. Once payment is made through either PayPal, Stripe, iTunes AppStore or Google Play, the customer will receive a digital version, no physical copies of the product will be provided or shipped to the customer.
6.6. You agree that Payments being made for Outplay’s services Through using either PayPal, Stripe, iTunes AppStore or Google Play , you acknowledge and allow us, the Outplay team, to store your payment information on the website or mobile application and agree to follow the policies and procedures for payment of subscription/membership/periodic fees pertaining to the website.
6.7. Once you sign up for any periodic fee-based service on the website or mobile application, the fee related to the first term of that membership/subscription, be it monthly, quarterly or annual, will be charged to the valid Credit/Debit card provided by you. Within 10 business days before your current subscription expires, the fees associated with the following term of your subscription will be automatically renewed, and the amount for that renewed subscription will be charged to the valid Credit/Debit card provided by you, according to the site’s latest price schedule at the time of renewal. If the Credit/Debit card associated with the service charges should expire/terminate or if any consequent payment is rejected by the issuing company, we, the Outplay team, shall immediately terminate your account or service.
6.8. You agree and acknowledge that Outplay can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing subscription period.
7. Refund Policy
All payments made to us, the Outplay team, pertaining to the purchase of any product, subscription or service, are non-refundable; and we, the Outplay team, do not offer any refunds, and are not bound to offer any refunds, for any reason. Refunds are not available for any unused portion of the account or service, including payments after a trial period has ended. You may cancel your subscription at any time.
8. Copyright and Intellectual Property
8.1. The Website, the Services and all of the related products of Outplay are subject to copyright. The material on the Website and the mobile application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and mobile application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Outplay or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Outplay, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Outplay does not grant you any other rights whatsoever in relation to the website or the services. All other rights are expressly reserved by Outplay.
8.3. Outplay retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) A right to use or exploit a business name, trading name, domain name, trademark or industrial design or
(c) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
8.4. You may not, without the prior written permission of Outplay and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representation or conditions which are not expressly stated in the Terms are excluded; and
(b) Outplay will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Outplay make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Outplay) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Outplay; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.1. Outplay's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Outplay, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Outplay as set out below.
11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Outplay via the 'Contact Us' link on our homepage. (a) providing Outplay with 14 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Outplay has made this option available to you.
11.3. Outplay may at any time, terminate the terms with you if:
(a) You have breached any provision of the terms or intend to breach any provision;
(b) Outplay is required to do so by law
(c) The provision of the services to you by outplay is, in the opinion of Outplay, no longer commercially viable
11.4. Subject to local applicable laws, Outplay reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Outplay's name or reputation or violates the rights of those of another party.
12. Indemnity
12.1. You agree to indemnify Outplay, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation
13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Outplay is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force