Acceptance of Terms
By accessing this platform, the user confirms that they have read, understood, and
agree to be bound by these Terms and Conditions in their entirety. If the user is
accessing the platform on behalf of an organisation, they confirm that they have
authority to bind that organisation to these terms. The Company may update these
terms at any time, and the version published on the platform at the time of access
governs each visit.
Definitions
The following definitions apply throughout these Terms and Conditions. References to
the singular include the plural and vice versa. Headings are provided for
convenience only and do not affect the interpretation of any provision. Where a term
is not defined below, it carries its ordinary meaning in the context of Australian
law and standard commercial practice applicable to online platforms.
The term Company refers to the operator of cuenyzuaslaim.sbs, being the legal
entity responsible for publishing and maintaining the content and services
available through this platform in accordance with applicable Australian
law.
The term Platform refers to the cuenyzuaslaim.sbs website, including all pages,
content, tools, research materials, and curriculum modules accessible
through the Cuenyzuaslaim and any associated subdomains operated by the
Company.
The term User refers to any individual or entity that accesses, browses, or
otherwise interacts with the Platform, whether or not that person has
submitted a contact enquiry or engaged with any specific content
module.
The term Content refers to all text, mathematical derivations, theoretical
explanations, annotated research materials, commentary, graphics, and any
other material published on the Platform by the Company or its contributors,
including content relating to recursive utility theory, stochastic discount
factors, and equilibrium asset pricing models and frameworks.
Use of the Platform
The Platform is provided solely for the purpose of making academic content on
recursive utility and asset pricing theory available to users for personal,
non-commercial study and reference. Users may access and read published content for
lawful purposes consistent with these terms. Any use of the Platform that exceeds
these permitted purposes, including systematic extraction of content or use for
commercial purposes without prior written consent from the Company, is strictly
prohibited.
Eligibility to Use
Use of this Platform is permitted only to individuals who are eighteen years of age
or older and who have the legal capacity to enter into a binding agreement under the
laws of their jurisdiction. By accessing the Platform, the user warrants that they
meet these eligibility requirements. The Company reserves the right to restrict
access to any user who does not satisfy these criteria or who has previously
breached these Terms and Conditions.
Users accessing the Platform from jurisdictions outside Australia are
responsible for ensuring that their access to and use of the Platform complies
with all applicable local laws and regulations. The Company makes no
representation that the content published on this Platform is appropriate or
lawful for access in all jurisdictions, and access from a restricted
jurisdiction is undertaken entirely at the user's own risk and
responsibility.
User Responsibilities
Users are responsible for ensuring that their access to and use of the Platform
complies with these Terms and Conditions and all applicable laws. The following
responsibilities apply to all users without exception, regardless of the purpose for
which the Platform is accessed or the frequency of use. Breach of any of the
following responsibilities may result in the suspension or termination of access to
the Platform at the Company's sole discretion.
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The user is responsible for maintaining the security and confidentiality of
any access credentials used in connection with the Platform, and for all
activity that occurs through those credentials.
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The user must not use the Platform in any manner that causes or is likely to
cause damage to the Platform, impairs its performance or availability, or
interferes with the experience of other users accessing the same content and
resources published by the Company.
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The user must not attempt to gain unauthorised access to any part of the
Platform, its underlying systems or infrastructure, or any server, database,
or network associated with the operation of the Platform or its content
delivery.
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The user is solely responsible for any decisions made in connection with
content encountered on the Platform, including any decision to apply
theoretical concepts to practical financial analysis. The Company does not
accept responsibility for outcomes arising from such decisions, which remain
entirely the user's own responsibility at all times.
Prohibited Uses
The following uses of the Platform are expressly prohibited. This list is
illustrative and not exhaustive. The Company reserves the right to determine, in its
reasonable discretion, whether any particular use of the Platform falls within the
spirit of these prohibitions, and to take appropriate action including restricting
or terminating access where a prohibited use is identified or reasonably suspected.
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The user must not reproduce, republish, distribute, or transmit any Content
from the Platform without the prior written consent of the Company, whether
for commercial or non-commercial purposes.
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The user must not use automated tools, scripts, bots, crawlers, or any other
means to systematically extract, scrape, harvest, or index Content from the
Platform in a manner that exceeds normal individual browsing, or that places
an unreasonable load on the Platform's servers or infrastructure without
the express prior written authorisation of the Company.
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The user must not modify, adapt, translate, create derivative works from, or
otherwise alter any Content published on the Platform without the prior
written consent of the Company, and must not represent any such altered
material as originating from or being endorsed by the Company or its
contributors or research team members.
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The user must not use the Platform or any Content published thereon for any
unlawful purpose, including but not limited to the infringement of
intellectual property rights, the facilitation of fraud, the dissemination
of misleading financial information, or any other activity that is
prohibited under applicable Australian law or the laws of the user's
jurisdiction.
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The user must not post, transmit, or otherwise introduce onto the Platform
any virus, malware, ransomware, or other malicious code designed to disrupt,
damage, or gain unauthorised access to any system, network, or data
associated with the Platform or its users, whether or not such introduction
causes actual harm to the Platform or its users.
Intellectual Property
All Content published on this Platform, including but not limited to theoretical
explanations, mathematical derivations, annotated research materials, original
commentary, and structural curriculum design, is the intellectual property of the
Company or its contributors and is protected by applicable Australian and
international copyright law. No Content may be reproduced, distributed, or otherwise
used without the prior written consent of the Company. Users are granted a limited,
non-exclusive, non-transferable licence to access and read Content for personal,
non-commercial purposes only, which licence does not extend to any commercial use or
systematic reproduction of the material.
User Submissions
Where users submit content to the Company through the Platform's contact form or
other communication channels, including questions, comments, or feedback relating to
the academic content published on the Platform, the user warrants that such
submissions are accurate, lawful, and do not infringe the rights of any third party.
The Company is not obliged to publish, respond to, or retain any user submission,
and reserves the right to decline or remove any submission at its sole discretion
without notice or explanation to the submitting user.
Rights in Submissions
By submitting any content or communication to the Company through the Platform,
the user grants the Company a non-exclusive, royalty-free, perpetual licence to
use, reproduce, and incorporate that submission for the purpose of improving or
developing the Platform and its published content. The user retains ownership of
their submission but acknowledges that the Company may make use of it in
accordance with this licence without further consent or compensation being
required.
Privacy
The collection, storage, use, and disclosure of personal information submitted
through this Platform is governed by the Company's Privacy Policy, which forms
part of these Terms and Conditions by reference. Users are encouraged to review the
Privacy Policy before submitting any personal information through the Platform. By
using the Platform, the user consents to the handling of their personal information
in accordance with the Privacy Policy as updated from time to time.
View Privacy Policy
Disclaimer
The Content published on this Platform is provided for academic and informational
purposes only and does not constitute financial, investment, legal, tax, or
professional advice of any kind. The Company does not hold an Australian Financial
Services Licence and does not provide licensed financial services through this
Platform. Nothing contained on this Platform should be construed as a recommendation
to acquire, hold, or dispose of any financial product or asset class. Users should
seek independent professional advice before making any decision with financial or
legal consequences.
Important Notice
The theoretical content published on this Platform, however detailed or
mathematically rigorous, does not constitute professional advice and must not be
relied upon as such. Past performance of any financial instrument or model does
not guarantee future results. The Company accepts no responsibility for any loss
or damage arising from reliance on Content published on this Platform.
Limitation of Liability
To the fullest extent permitted by applicable Australian law, the Company excludes
all liability for any direct, indirect, incidental, consequential, or special loss
or damage arising from access to or use of this Platform, including loss arising
from reliance on any Content, errors or omissions in published material,
interruption of access to the Platform, or the conduct of third parties. Where
liability cannot be excluded by law, it is limited to the maximum extent permitted
by that law.
Indemnification
The user agrees to indemnify, defend, and hold harmless the Company, its directors,
employees, contributors, and advisers from and against any claim, liability, damage,
loss, cost, or expense, including reasonable legal fees, arising from the user's
access to or use of the Platform, any breach by the user of these Terms and
Conditions, or any infringement by the user of any third party's rights in
connection with the use of the Platform or its Content.
Dispute Resolution
The Company encourages users to contact it directly in the first instance to seek
resolution of any concern or dispute arising from the use of the Platform or these
Terms and Conditions. The Company will endeavour to respond to all formal complaints
promptly and in good faith. Where a dispute cannot be resolved through direct
communication, the parties agree to pursue resolution through the mechanisms
described below before initiating formal legal proceedings in any court of competent
jurisdiction.
Binding Arbitration
Any dispute arising out of or in connection with these Terms and Conditions or
the use of the Platform that cannot be resolved through direct negotiation shall
be referred to and finally resolved by binding arbitration in accordance with
the rules of the Australian Centre for International Commercial Arbitration. The
seat of arbitration shall be New South Wales, Australia, and the language of the
proceedings shall be English. The arbitral award shall be final and binding on
both parties.
Nothing in this arbitration clause prevents either party from seeking urgent
interlocutory or injunctive relief from a court of competent jurisdiction where
such relief is necessary to prevent imminent harm or to preserve the status quo
pending the resolution of a dispute through arbitration as described in these
Terms and Conditions.
Online Dispute Resolution
Users who are resident in the European Union or the European Economic Area and
who have a complaint relating to the use of this Platform may refer their
dispute to the European Commission's Online Dispute Resolution platform. The
Company is committed to participating in good faith in any dispute resolution
process initiated through that platform where required by applicable law. Users
are encouraged to contact the Company directly before initiating any formal
dispute resolution process, including through the ODR platform, as many concerns
can be resolved efficiently through direct communication with the Company's
team.
Access the EU Online Dispute Resolution platform
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws
of the State of New South Wales, Australia, without regard to its conflict of law
principles. Subject to the arbitration clause above, the parties submit to the
exclusive jurisdiction of the courts of New South Wales for the resolution of any
dispute that is not referred to arbitration. Users accessing the Platform from
outside Australia do so on their own initiative and are responsible for compliance
with applicable local laws.
Termination of Access
The Company reserves the right to suspend or terminate any user's access to the
Platform at any time and without prior notice if the Company reasonably determines
that the user has breached these Terms and Conditions or has used the Platform in a
manner that is harmful to the Company, other users, or third parties. Termination of
access does not affect any accrued rights or obligations of either party existing at
the date of termination, and all provisions of these Terms and Conditions that by
their nature should survive termination shall continue in full force and effect.
Modifications to Terms
The Company may revise these Terms and Conditions at any time by publishing an
updated version on the Platform with a new effective date. Users are responsible for
reviewing the current version of these terms each time they access the Platform.
Continued use of the Platform following the publication of revised Terms and
Conditions constitutes acceptance of those revisions. Where changes are material,
the Company will take reasonable steps to draw attention to the updated terms
through a notice on the Platform.
Severability
If any provision of these Terms and Conditions is found by a court or arbitral
tribunal of competent jurisdiction to be invalid, unlawful, void, or unenforceable,
that provision shall be severed from the remainder of these terms, which shall
continue in full force and effect as if the severed provision had not been included.
The invalid provision shall be replaced, to the extent possible, with a lawful
provision that most closely reflects the original intent of the severed term.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and Cookie Policy
published on this Platform, constitute the entire agreement between the user and the
Company with respect to the use of the Platform and supersede all prior agreements,
representations, warranties, and understandings of any nature, whether written or
oral, relating to the subject matter of these terms.
