Terms of Service

These Terms of Service (Terms) form a binding agreement between you and Dividend Guardian, trading as Dividend Guardian (we, us, our). They govern your access to and use of the Dividend Guardian website, application and any associated alerts, reports and APIs (together, the Service).

By creating an account, subscribing, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

This section is the most important one in this document. Read it even if you read nothing else.

• We are not your adviser. The Service does not provide personal financial product advice. Nothing in it takes into account your objectives, financial situation or needs.
• Dividend-health statuses are descriptions, not predictions. HEALTHY, WATCH, STRAINED and LIMITED DATA compare public figures against thresholds we publish: payout ratio, current yield against a company’s own history, and its dividend record. When the optional filing auditor is enabled, a quote-backed development extracted from a public company announcement may also contribute. The statuses describe what has already happened. They are not forecasts, not guarantees, and not a statement that any dividend will or will not be paid, maintained, reduced or cancelled.
• No recommendation is made or implied. HEALTHY is not a suggestion to buy. STRAINED is not a suggestion to sell. The statuses, and the order in which we rank your holdings, are descriptive labels for our own analysis, not instructions.
• Projections are arithmetic, not promises. Income forecasts, payday calendars, yield-on-cost figures and goal-replacement percentages are calculations based on inputs you provide and on dividend amounts that companies may change or cancel at any time without notice.
• Past dividend behaviour does not indicate future payouts. A long growth streak is not protection against a cut.

You should consider obtaining advice from a licensed financial adviser, and reading the relevant disclosure documents, before making any investment decision. You are solely responsible for your investment decisions and their outcomes.

The Service applies automated rules to third-party market and dividend data. If an announcement source is connected, it may also use an automated model to analyse public company announcement text. You should understand and accept the following before relying on any output.

• Rules, estimates and automated extraction can misread, misattribute or omit material information, including in ways that are not obvious.
• Announcement coverage is optional and is not exhaustive. Do not assume the Service has processed every announcement or material event.
• Market data, prices, dividends per share and dates are sourced from third parties and may be delayed, incomplete or incorrect. Unless expressly labelled otherwise, prices are not real-time.

You must be at least 18 years old and able to form a binding contract. You agree to provide accurate account information and to keep your credentials secure. You are responsible for activity under your account.

Your subscription is for your personal use. You may not share your account, resell access, or redistribute Guardian Checks, alerts or reports to people who are not subscribers.

• Pricing. Subscription prices are shown on our pricing page in Australian dollars. The total payable and any applicable tax treatment are shown before you confirm payment.
• Free trial. Ongoing monitoring begins with a 7-day free trial. A valid payment method is required to start it. You are charged A$0 on the day you start, and the date of your first charge is shown to you before you confirm. Unless you cancel before that date, the subscription begins automatically and your payment method is charged. We email you a reminder before the first charge. If you cancel at any point during the trial you are not charged at all.
• Recurring billing. After the trial, subscriptions renew automatically each billing period until cancelled. Payments are processed by Stripe; we never see or store your full card details.
• Failed payments. If a payment fails we may continue monitoring for a short grace period while your card is retried. After that period, monitoring stops.
• Cancellation. You may cancel at any time, including during the trial, from the secure Stripe billing portal linked from your dashboard. If the portal is unavailable, contact support@dividendguardian.com.au. Cancellation normally takes effect at the end of the current billing period, unless Stripe shows an earlier effective date. You keep access until cancellation takes effect.
• Price changes. We will give at least 30 days’ notice by email before any price increase affecting you. You may cancel before it takes effect.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill and be fit for the purpose we describe. If we fail to meet a consumer guarantee, you are entitled to a remedy, which may include a refund, or compensation for reasonably foreseeable loss, and, for a major failure, to cancel the service.

You agree not to:

• scrape, crawl or bulk-extract data from the Service, or use it to build a competing dataset or product;
• circumvent access controls, rate limits or paywalls, or attempt to access another user’s data;
• present our output as your own advice to third parties, or use it in a way that suggests we endorse a particular investment; or
• use the Service to break any law, including the market misconduct and insider trading provisions of the Corporations Act 2001 (Cth).

We own the Service, including the dividend-health methodology, the interface and all associated software. You get a limited, non-exclusive, non-transferable right to use it while your subscription is active.

Company announcements and market data remain the property of their respective owners and are subject to those providers’ terms.

You retain ownership of the portfolio data you enter. You grant us the limited right to process it in order to operate the Service for you.

Subject always to section 6 and to any liability that cannot lawfully be excluded:

• the Service is provided “as is”, and we do not warrant that it will be uninterrupted, error-free, complete, or that any alert will be timely or correct;
• we are not liable for any investment loss, lost profit, lost opportunity, or loss of anticipated income arising from your use of, or reliance on, the Service; and
• where our liability can be limited but not excluded, it is limited, at our option, to resupplying the Service or paying the cost of resupply, and in any case our total aggregate liability will not exceed the subscription fees you paid us in the 12 months before the claim arose.

We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continuing to provide the Service to you would expose us to legal risk. Where practical we will give you notice and an opportunity to fix the problem. If we terminate without cause, we will refund the unused portion of your current billing period.

We may update these Terms. If a change materially reduces your rights, we will give at least 30 days’ notice by email before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.

Questions about these Terms: support@dividendguardian.com.au.