Terms of Service and Important Information
1. Welcome to the CommSec Mobile App. This App is owned and operated by Commonwealth Securities Limited ABN 60 067 254 399 AFSL 238814 (CommSec, we, us), which is a wholly owned but non-guaranteed subsidiary of the Commonwealth Bank of Australia ABN 48 123 123 124 AFSL 234945, and a Participant of the ASX Group and Cboe Australia. Both entities are incorporated in Australia with limited liability. Commonwealth Bank of Australia and its subsidiaries do not guarantee the obligations or performance of Commonwealth Securities Limited or the products or services it offers.
We may change these Terms of Service at any time, in which case we will notify you of any material changes by electronic notice (and we will provide at least 30 days’ notice to you if the change is unfavourable to you). Paper notices will not be provided. Your continued use of the App after any such variation or modification will be taken to be an acceptance of such variation or modification. We may however also require you to confirm your acceptance of such changes to continue using the CommSec Mobile App. If we make a change that you are not happy with, you should cease using and uninstall the CommSec Mobile App immediately.
2. CommSec Margin Lending is a product of the Commonwealth Bank of Australia administered by CommSec. Commonwealth Direct Investment Account (CDIA) is a product of the Commonwealth Bank of Australia marketed by CommSec. The Commonwealth Bank is a signatory to the revised Banking Code of Practice. Information about the Banking Code of Practice and the Code applies to these products if you are an individual or a small business. The Code is available at www.commbank.com.au
3. Commonwealth Securities Limited is not authorised to carry on business in any other jurisdiction. Accordingly, the information contained in this application is directed to and available for Australian residents only.
4. Investment in securities involves risk. Share prices rise and fall. The payment of dividends and the return of capital are not guaranteed. Past performance is not indicative of future performance.
5. The information in this application has been prepared without taking account of the objectives, financial situation or needs of any particular individual. For this reason, any individual should, before acting on the information in this application, consider the appropriateness of the information, having regard to the individual's objectives, financial situation and needs and, if necessary, seek appropriate professional advice. You should also read our Financial Services Guide (FSG) available on www.commsec.com.au which provides you with information about us and services we can provide.
See the FSG and relevant product documentation for fees and charges that apply. Please consider the applicable Product Disclosure Statement, and terms and conditions, available on www.commsec.com.au before making any decisions about the relevant products on this application.
6. You acknowledge that information or data on a CommSec Mobile App supplied by a third party service provider which is not associated or affiliated with the Group (Third Party Provider) (Third Party Information) are for informative purposes only and such Third Party Information does not in any way constitute our personal advice or personalised recommendations.
a. a number of features on the CommSec Mobile App may be offered or processed through a Third Party Provider. Unless otherwise noted, all authority granted to CommSec, or limitations of liability to CommSec, shall include all members of the Group, CommSec’s directors, officers, employees, agents, representatives and any service provider. We, a member of the Group or our agents acting on CommSec’s behalf are authorised to provide the services contemplated by these Terms and Conditions.
b. you agree that we are not responsible for any Third Party Information available on a CommSec Mobile App and we make no warranties, express or implied, as to any such Third Party Information. You acknowledge and agree that such Third Party Information do not reflect our opinions or policies and we do not verify the accuracy or completeness of such Third Party Information.
7. Subject to these Terms of Service, while you are a registered user of the CommSec Mobile App, CommSec grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use the CommSec Mobile App for personal and/or non-commercial use for the sole purpose of accessing and receiving the services from CommSec. Any use of the CommSec Mobile App (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of the CommSec Mobile App is prohibited.
8. You may access the CommSec Mobile App by downloading it from (depending on your device) either the App Store or the Google Play Store.
9. If you register to use the CommSec Mobile App then you agree that:
a. you will not sell, transfer, or assign any rights you have in relation to the CommSec Mobile App – this includes sharing your access or information from the CommSec Mobile App with any other person;
b. you are solely responsible for maintaining the confidentiality of your password and login for restricting access to the device on which the CommSec Mobile App is installed; and
c. you will not reproduce information obtained by using the CommSec Mobile App, except where such reproduction is for your own personal non-commercial use in accordance with these Terms of Service.
10. We will not be liable for any loss or damage that you or any third party suffer, as a result of your failure to comply with your obligations in these Terms of Service, except to the extent caused by our negligence, fraud or wilful misconduct.
11. Links in the application may take you to youtube.com, facebook.com, twitter.com or other social media channels. These sites are not affiliated with CommSec and may offer a different privacy policy and level of security. While we take full responsibility for the content we post in these sites, CommSec is not responsible for and does not endorse, guarantee or control content, availability, viewpoints, products or services that are offered or expressed on them. CommSec will not send tweets, emails or messages requesting you to confirm, update or disclose your confidential client information.
All links contained within these channels published by CommSec will feature full links, and will never use shortened links from bit.ly or other services. Any tweets containing these shortened link formats should not be clicked on. To prevent third parties accessing your account, please ensure you lock your mobile device when not in use and end your session by logging off the CommSec Mobile App when the app is not in use.
12. You agree that CommSec will not be liable in any way for any direct or indirect loss or damage suffered by you where the CommSec Mobile App fails to function in an expected or effective manner (or at all) or as a result of any unauthorised access to your securities and/or linked accounts through CommSec Mobile App, except to the extent such loss or damage is caused by our negligence, fraud or wilful misconduct. You are solely responsible for your own anti-virus and mobile device security measures, and those of any authorised user. You agree that if for any reason you are unable to access your securities and/or linked account(s) via the CommSec Mobile App, you can contact CommSec by telephoning 13 15 19, Monday to Friday, 8am to 6pm Sydney time, including to undertake a transaction by telephone, or you can access your securities through www.commsec.com.au.
13. If you have enabled fingerprint or facial recognition access on your CommSec Mobile App, you should not have any fingerprints or facial recognition records stored on your device other than your own.
If, other people use their fingerprints or facial recognition on your device, you should turn off fingerprint and facial recognition access for the CommSec Mobile App. If you fail to do so, those persons will be able to access your accounts and will be considered authorised to do so. That is, you will be responsible for their transactions.
If you, or someone else, change the fingerprint or facial recognition settings on your device, as a security measure fingerprint and/or facial recognition access will be disabled for the CommSec Mobile App and you will be prompted to enter your PIN or password to log on to the CommSec Mobile App. Only re-enable fingerprint or facial recognition access if you are sure the changes made to your fingerprint or facial recognition settings on your device were made by you.
We are not responsible for any malfunction in fingerprint or facial recognition functionality or changes to fingerprint or facial recognition technology that impacts the way you access the CommSec Mobile App.
14. We reserve the right at any time to limit or withdraw access to the CommSec Mobile App or any of the features or Services on the CommSec Mobile App, or to refuse to process a transaction, without first telling you if:
a. you don’t follow or are in material breach of these Terms of Service;
b. you don’t follow or are in material breach of CommSec’s Trading Terms and Conditions;
c. we reasonably believe the CommSec Mobile App has been or may be used illegally or in a way that may cause loss to you or us;
d. we reasonably suspect you of engaging in fraud or any other illegal activity or you use or attempt to use the CommSec Mobile App to engage in any activity that is not legal in Australia;
e. we consider it necessary to manage our regulatory or other obligations;
f. we are required to do so in order to comply with any applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanction laws);
g. you gave us or the Commonwealth Bank of Australia materially false or materially inaccurate information;
h. you include or use inappropriate content on the CommSec Mobile App;
i. for security reasons or to perform maintenance; or
j. where there are technical or operational reasons and we consider it necessary or appropriate to do so.
k. where we exercise our rights under this clause 14, we will use our best endeavours to notify you as soon as practically possible.
We may end this agreement or limit or withdraw your access to the CommSec Mobile App, any of the features on the CommSec Mobile App for any other reason by giving you at least 7 days’ electronic notice.
Should any of these events occur, you acknowledge that your personal settings and other saved data may be lost, and that CommSec is not responsible for any such loss.
15. We try to get things right the first time – but if we don’t, we will do what we can to fix it. If you need to make a complaint, you can also do this directly in the App via our Feedback form or by calling us on 13 15 19 between 8am and 6pm (Sydney time), Monday to Friday. We also have a dispute resolution process available if you have a complaint which we do not resolve. Further information on that process is set out in our Financial Services Guide which is available in the App, online at commsec.com.au or by calling CommSec at 13 15 19.
This App is not provided by Apple, Google or any other third party distributor. Accordingly, any queries or complaints regarding the App (including but not limited to issues relating to intellectual property) should be directed to us.
16. Your use of the CommSec Mobile App is governed by the CommSec Trading Terms and Conditions. For full terms and conditions visit https://www.commsec.com.au/content/dam/EN/PDFs/Terms-and-Conditions/sharetradingtermsandconditions.pdf
17. Orders will be executed in accordance with our Best Execution Statement. Our Best Execution Statement is available at https://www2.commsec.com.au/media/61438/bestexecutiondisclosure.pdf
18. CommSec's collection and use of your personal information is governed by the CBA Privacy Statement.
For privacy related enquiries, please contact us using the contact details set out in our Privacy Statement.
19. Additional Important Information
Daily Market Report
This is a summary research report prepared by Morningstar. For the full research report prepared by Morningstar please contact your adviser, research provider or Morningstar. © 2020 Morningstar, Inc. All rights reserved. Neither Morningstar, its affiliates, nor the content providers guarantee the data or content contained herein to be accurate, complete or timely nor will they have any liability for its use or distribution. Any general advice or 'class service' have been prepared by Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892) and/or Morningstar Research Limited, subsidiaries of Morningstar, Inc, without reference to your objectives, financial situation or needs. Please refer to our Financial Services Guide (FSG) for more information at www.morningstar.com.au/s/fsg.pdf . You should consider the advice in light of these matters and, if applicable, the relevant Product Disclosure Statement before making any decision to invest. Morningstar publications, ratings and products should be viewed as an additional investment resource, not as your sole source of information. Past performance does not necessarily indicate a financial product's likely future performance. To obtain advice tailored to your particular circumstances, please contact a professional financial adviser. Note: Some material is copyright and published under licence from ASX Operations Pty Limited ABN 004 523 782 ("ASXO").
Charts
Chart data has been provided for your information only and should not be relied on for taxation or any other purposes. Please note, chart data has been provided by IHS Markit and has not been verified by CommSec. CommSec does not 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.
20. CommSec Alerts
The CommSec Mobile App allows you to elect to receive alerts via a push notification service or email. Alerts sent via push notification will be sent to any device on which you have installed and registered the CommSec Mobile App with notifications enabled. Alerts could be seen by others (including unauthorised persons) who use or access your device. Please check the "Notifications" settings on all your devices to ensure the privacy and alerts settings are appropriate for your use.
The receipt of push notifications or email messages on your mobile device depends upon the electronic transmission of data across networks operated by mobile phone service providers. Because CommSec does not control these networks, CommSec cannot and does not guarantee the security of these data transmissions. You can however check with your network service provider for information about their privacy and security practices.
If you have selected the push notification service you will need to ensure you have the latest version of the CommSec Mobile App installed on your device and that you have enabled your device to receive push notifications.
You acknowledge that at all times your access to CommSec alerts depends on factors outside CommSec's control, including any disruption, failure or malfunction in any part of the internet, mobile carriage service or SMS network. Access may also be limited or unavailable during periods of peak demand, systems interference, damage or maintenance, or for other reasons. CommSec accepts no liability for any loss or damage, whether direct or indirect and however caused if, for any reason, an alert message is not sent or not received by you.
CommSec reserves the right to suspend or discontinue its alerts services at any time without notice.
Disclaimer
Alert data is provided for your information only and should not be relied on for taxation, investment or any other purposes. Alert data is provided by IHS Markit and is not verified by CommSec. CommSec does not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material contained in alerts, nor does it accept any responsibility arising in any way for errors in, or omissions from, that material.