Stake Black Terms & Conditions
These terms and conditions (Stake Black Terms) apply to the purchase and use of Stake Black, a pro account with access to additional trading tools on Stake (Stake Black). By purchasing or using Stake Black (including when you receive access as part of a trial, beta, promotion or paid account), you agree to be bound by these Stake Black Terms. These are in addition to Stake’s general terms and conditions, disclaimers and privacy policy which govern the use of your account and the provision of the Stake service.
‘Stake’, ‘we’ or ‘us’ refers to Stakeshop Pty Ltd trading as Stake.
What is Stake Black
Stake Black is an account membership on Stake which gives you access to additional products, features and information. There are three different Stake Black memberships: (1) Stake Black Wall St, (2) Stake Black AUS, and (3) Stake Black (comprising access to both Stake Black Wall St and AUS).
Any information, feature or product provided within Stake Black (or otherwise on Stake) does not constitute financial advice. You agree that Stake does not provide any investment, legal or tax advice.
Whilst Stake endeavours to constantly improve the feature set of Stake Black, but is under no obligation as to the timings or release of such features.
Instant Buying Power & PDT
On Stake Black, instant buying power gives you access to re-invest funds from share sales before they have settled (i.e prior to the T+2 period). This increases your buying power accordingly. You agree that these funds are not settled into your account and any additional buying power does not increase the amount of withdrawable cash you have. Any withdrawable funds in your account will be shown to you in your account.
As you will be able to trade on unsettled funds, you also recognise that you are responsible for adhering to the Pattern Day Trade rules that apply in the US and that Stake is not responsible for any breach or impact of such breach by you on your Stake account or otherwise. You agree to trade responsibly and in accordance with the applicable rules and regulations. Where deemed appropriate in its sole discretion, Stake may restrict, suspend access to or close your account in accordance with its terms and conditions.
Market Trade Data, Analyst Ratings, Market Depth, Course of Sales & Price Targets
Stake sources information such as financial data, market data and depth, course of sales, analyst ratings and stock ratings (Information) from third party vendors. Data is not delivered on a real-time dynamic streaming basis. System availability and response times, data, liquidity, execution speed and price are subject to market conditions, order size, order types, any connection limitations and other factors. No representation or warranty is made as to the accuracy, completeness or timeliness of the Information and Stake does not accept any responsibility arising from errors in, or omissions from, the Information.
You agree that such Information is for informational purposes only and is not intended to constitute a recommendation or general or personal financial advice and that as a result of having access to or using the Information, no agency or advisory relationship is created between you and Stake.
You agree that neither Stake nor any third party provider is responsible for any investment decisions or for any damages or other losses resulting from the use of the Information.
Fees, Charging & Changing your account
With Stake Black, you will be charged on a periodic basis, being monthly, annually or another period specified by Stake. GST is included in the account fees for Stake Black AUS and Stake Black Combined. Fees will be charged in your local currency to your nominated payment method. Stake may change the payment methods available to you from time to time. You authorise us to charge your nominated payment method a recurring Stake Black account fee based on your selected Stake Black membership type and time period (monthly or annually) until you cancel your membership.
If your payment declines, we will re-attempt the transaction once per day for seven (7) days following the initial billing date. If we are not able to successfully charge your nominated payment method after this time, your Stake Black membership will end.
Stake may change the applicable fees from time to time, including during your membership, by providing you with at least twenty one (21) days’ notice of such change.
Stake Black memberships are per account, not per user, which means that if you have more than one account with Stake under one login (such as those who have an individual and a trust account with Stake) you will need to purchase Stake Black for the accounts you wish to use it for.
Your billing date will be determined by the date in which you elect to purchase Stake Black or if it is renewed. Upon renewal, elected or otherwise, your billing date will be updated according to the period of renewal.
You may upgrade your Stake Black membership type from either Stake Black Wall St or Stake Black AUS to the Stake Black Combination membership at any time. If you do upgrade your membership, you will be charged the difference in fees immediately. If your payment is successful, you will have instant access to that Stake Black content.
Free Trial Offers
From time to time, Stake may offer a no payment, fixed period, trial of a Stake Black membership (Free Trial Period) to some users. The length of Free Trial Period and which Stake Black membership is offered may vary.
At the end of the Free Trial Period, you shall be required to pay the applicable Stake Black account fee. If you do not want to automatically pay the Stake Black account fee you must cancel your membership at any time prior to the end of the Free Trial Period. You can do this by logging into your account or contacting Customer Success. When you cancel your Free Trial Period you will lose access to the free Stake Black services immediately.
Each individual is only entitled to one Free Trial Period. If you cancel your Stake Black membership in the future, any future membership to Stake Black that uses the same Stake account, phone number, or card payment details associated with your first Stake Black membership will not be entitled to receive an additional Free Trial Period.
Stake in its sole discretion will determine user eligibility for a Free Trial Period. To prevent fraudulent activity and abuse, Stake reserves the right to revoke the Free Trial Period, limit or suspend your account in the event that Stake determines that you are not eligible due to fraud or abuse.
Cancellations and Refunds
You may cancel your Stake Black membership or downgrade your account from Stake Black to a regular Stake account at any time, which will take effect from your next billing date.
You will receive a full refund in the following circumstances:
For monthly Stake Black memberships cancelled within twenty four (24) hours of the membership start date; and
For annual Stake Black memberships cancelled within seven (7) days of the membership start date. If you cancel your annual Stake Black membership after this time, but within the first thirty (30) days of the membership start date, you will receive a pro-rated refund for the remaining eleven (11) months of your membership.
You are only eligible for a refund of your Stake Black account fee once. Stake reserves the right to refuse to refund customers whom Stake reasonably believes have signed up to Stake Black and requested a refund for fraudulent or abusive purposes.
Stake may, in its sole discretion, limit, suspend or terminate your use of Stake Black for any reason, including if Stake considers such usage to be inappropriate, irresponsible, fraudulent, unlawful, in breach of Stake’s Customer Code of Conduct or any of its terms and conditions, or in breach of its partners’ terms and conditions.
General
We can update these Stake Black Terms at any time without prior notice. If we modify these terms, we will post the modification on the Stake website and applications which are effective upon posting. Agreement to these terms or continued use or payment of Stake Black after any modification shall constitute consent to such modification.
If any part of these terms is found to be unenforceable, illegal or void, that part shall be severed and the remaining terms shall continue to apply.
These terms are governed by and interpreted in accordance with the laws of New South Wales, Australia and are subject to the exclusive jurisdiction of the courts of New South Wales.