(Last Updated May 2017)
These terms and conditions apply to your use of the website http://www.financialmindfulness.com.au (“Website”) and all features, content and additional products and services which may be provided to you in conjunction with our products and services (“Services”). In this document, “Financial Mindfulness”, “us”, “we”, or “our” means Financial Mindfulness Pty Ltd (ACN 612 673 177).
Please read this document carefully before accessing or using the Website or Services. By accessing or using the Website or Services, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions you must not access or use the Website or Services.
Financial Mindfulness may revise or modify these terms and conditions at any time and such modifications shall be effective immediately upon posting the modified terms and conditions on the Website. If Financial Mindfulness makes modifications that materially affect your rights or obligations, we may provide you with notice of such modifications by any reasonable means. Notwithstanding the foregoing, you agree to check the Website regularly to review these terms and conditions. By continuing to access or use the Website or Services after these terms and conditions have been modified you shall be deemed to have read and agreed to the modified these terms and conditions.
You can determine when these terms and conditions were last revised by referring to the “Last Updated” legend at the top of these terms and conditions.
- Additional terms
We may, in our absolute discretion, impose additional terms on the use of all or part of the Website (“Additional Terms”). Any Additional Terms will be published on the Website or communicated to you through the Services and you agree that:
- you are subject to any Additional Terms posted by us that are applicable to your access or use of the Website or the Services; and
- those Additional Terms are hereby incorporated by reference into these terms and conditions.
- Limited licence
We grant you a limited, non-exclusive, non-transferable, revocable, non-sub licensable, licence to access and use the Website and the Services in accordance with these terms and conditions. We may terminate this limited licence at any time for any reason.
- Intellectual Property
You acknowledge that we are the owner or licensee of all present and future right, title and interest in the Website and Services (and all underlying software), including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts (“Intellectual Property Rights”). You must not in any way challenge or impair our ownership to these Intellectual Property Rights.
Except as expressly provided in these terms and conditions, nothing shall be construed as conferring on you or any third party any licence or right to Intellectual Property Rights in the Website, Services or the underlying software.
You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify or adapt, or authorise the use, modification or adaptation of and have used, modified or adapted on our behalf, any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit to us through the Website or Services (together, “User Content”). The licence includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, transaction ,distribute, display, perform and sublicense User Content in any form, medium or technology now known or hereafter developed.
You represent and warrant that you own or have obtained all the rights necessary to grant us a licence to use the User Content as described in these terms and conditions. You further represent and warrant that the posting of User Content by you complies with the restrictions described in the Website, in particular clause 4 (Acceptable use).
You must not remove or obscure, by framing or otherwise, change or delete any portion of the Website or aspect of the Services, including any advertisements, terms and conditions, any copyright or proprietary notices displayed through the Website or Services from time to time.
- Acceptable use
You must comply with all laws, rules and regulations applicable to your access or use of the Website or Services. You represent and warrant to us that you will not:
- post, publish, upload or transmit or otherwise make available, through or in connection with the Website or Services:
- any User Content which is unlawful or abusive in any way, including, but not limited to, any User Content that is defamatory, libellous, pornographic, obscene, threatening, invasive of confidentiality, privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law;
- anything that could give rise to criminal or civil liability (including any material protected by Intellectual Property Rights, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or
- any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” or other form of solicitation; or
- use the Website or Services:
- to defame, abuse, harass, stalk, threaten or promote violence or other actions which are threatening toward any other person or entity, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity;
- to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or opinions; or
- for any other fraudulent or unlawful purpose; or
- interfere with or disrupt the operation of the Website or Services, or use the Website or Services in any way or take any action that causes, or may cause, damage to the Website or Services or impair the performance, availability or accessibility of the Website or Services;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Services without our express prior written consent;
- access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Website or Services (or any underlying software) or any access to or use of the Website or Services;
- modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Website or Services (or any underlying software);
- infringe, challenge or impair a third party’s Intellectual Property Rights or remove any copyright, trademark or other proprietary rights notice from the Website or Services or any materials available through the Website or Services;
- frame or mirror any part of the Website or Services or any materials available through the Website or Services without our express prior written consent; or
- systematically download or store content from the Website or Services without our express prior written consent.
You may need to register and create an account in order to access or use all or part of the Website or Services. You represent and warrant that all information submitted to us in connection with such registration is complete, truthful and accurate. It is your responsibility to inform us of any changes to that information. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering.
Your user name and password are for your personal, non-commercial use only, and should be kept confidential. We do not permit:
- anyone other than you to use the sections requiring registration by using your name or password; or
- access through a single name or user account being made available to multiple users on a network or otherwise.
You (and not us) are responsible for any use or misuse of your user name or password (including the payment of all fees authorised in connection with your account), and you must promptly notify us if you believe there has been any confidentiality breach or unauthorised use of your user name or password, or your user account.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You acknowledge and agree that, even though you may access third party sites or services through links appearing on our Website or through the Services, those sites and services are subject to the privacy practices of their owners. You should carefully review the privacy policies of those organisations before providing them with any personal information.
- Modification and updates
We reserve the right, in our absolute discretion and with or without notice to you, to:
- modify, suspend or discontinue the Website or Services or any feature, functionality or content associated with the Website or Services; or
- charge, or amend, fees in connection with the use of any feature, functionality or content made available to you through the Website or the Services.
You agree that we are not liable to you or to any third party for any of the acts set out above. Your continued use of the Website after such changes have occurred will indicate your acceptance of, and consent to, those changes.
- Third Party Websites
Links may be provided through the Website that may lead to websites, resources or tools maintained by third parties over whom we have no control. We make no express or implied representations or warranties whatsoever regarding such websites, resources and tools and links to any such websites, resources and tools must not be construed as an endorsement of them or their content by us.
We do not guarantee or warrant that the Website or Services will be free of infection or viruses, worms, trojan horses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website and Services for the reconstruction of any lost data.
- Warranty, Disclaimers and Limitation of Liability
Terms, conditions, warranties and guarantees implied by law (including the Competition and Consumer Act 2010 (Cth)) apply to the Website and Services to the extent required by those laws (“Non Excludable Guarantees”). Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any Non Excludable Guarantee. Subject to the foregoing, and any Additional Terms, the Website, Services and the underlying software are provided on an “as is, as available” basis and we do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation in respect to the quality, accuracy or availability of the Website or Services, or any information made available to you through the Website or the Services).
To the fullest extent permitted by law, we disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to your use of the Website, Services or the underlying software. This may include: (a) any errors in or omissions including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party sites or content therein directly or indirectly accessed through links appearing in the Website or Services, including but not limited to any errors in or omissions therefrom, (d) the unavailability of the Website or Services, or any portion thereof, (e) your use of the Website, Services or User Content, (f) your use of any equipment or software in connection with the Website, Services or User Content, or (g) your failure to comply with any of these terms and conditions.
Where a Non-Excludable Guarantee exists, and we are able to limit your remedy against us for a breach of the Non-Excludable Guarantee, then our liability for that breach is limited, at our election, to:
- in the case of goods: replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the cost of having the goods repaired; and
- in the case of services: to either resupplying the services or payment of the cost of having the services supplied again.
To the fullest extent permitted by law, we shall not be liable for any loss or damage that you might suffer no matter how it arises (including, without limitation, negligence, consequential loss or loss or damage arising from loss of data or profits) that is directly or indirectly related to your use of the Website, Services or any User Content.
Our maximum aggregate liability to you arising from, out of, or in the connection with these terms and conditions, whether such liability arises from breach of agreement, negligence, tort or any other legal cause of action shall in no case exceed the fees paid by you to us during the twelve month period prior to the event giving rise to such liability
- No Financial Advice
The information made available to you through the Website and Services, including any methods, education content or techniques (“Education Content”) are for educational purposes only. We make no representation that the use of any Education Content will, or is likely to, achieve any intended results.
The information on the Website (including any Education Content) is not financial advice and must not be construed as financial advice. Financial Mindfulness is not licensed under the Corporations Act 2001 (Cth) to provide financial product advice. For the avoidance of doubt, the Website does not take into account your particular investment objectives, financial situation or investment needs. It is general educational content only. If you seek financial advice, you should obtain independent professional advice from a financial advisor, accountant or other professional advisor having regards to your own objectives, financial situation and needs. You acknowledge and agree that Financial Mindfulness bears no liability for any loss or damage, howsoever arising and whether foreseeable or not, which results from your reliance in whole or in part on the information (including any Education Content) made available to you through the Website and Services.
You agree to indemnify, defend and hold harmless Financial Mindfulness, our officers, directors, employees, agents, third party information providers and licensors, and service providers (including Website and Software developers) from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees) of any kind arising from, out of, or in connection with any breach of these terms and conditions (including negligent or wrongful conduct) by you, or any claim that your User Content infringes the Intellectual Property Rights of a third party or has caused harm to a third party.
You agree to maintain in confidence our Confidential Information and not to use or disclose our Confidential Information without our express written consent. You will protect our Confidential Information with the same standard of care that you use to protect your own confidential information, but in no event less than a reasonable degree of care. As used herein, “Confidential Information” means all information of a confidential nature in any form or medium that is not publicly available, and you acknowledge and agree that this includes business and technical information incorporated into the Website or Services or any software or other technology contained therein.
These terms and conditions terminate automatically if we cease to operate the Website or the Services. Termination shall not affect any rights or obligations accrued by either party during the term. In addition, the provisions of paragraphs 3 (Intellectual Property), 4 (Acceptable Use), 6 (Privacy), 10 (Warranty, Disclaimers and Limitation of Liability), 12 (Indemnification), 13 (Confidentiality) and 15 (Miscellaneous) shall survive any termination of these terms and conditions.
In the event of a dispute between you and us in connection with you use of the Website or the Services (“Dispute”) you agree that the Dispute will be subject to the terms and conditions in effect at the time the Dispute arose.
In choosing to access and use the Website and Services you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations which apply to you place of access. We may limit the availability of the Website or Services in whole or in part, to any person, geographic area or jurisdiction we choose at anytime.
These terms and conditions shall all be governed and construed in accordance with the laws of New South Wales, Australia. By accessing and using the Website and Services, you submit to the non-exclusive jurisdiction of the courts of New South Wales.
Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
If any provision of these terms and conditions is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, that provision shall be deemed to be restated to reflect (as nearly as possible) the original intention of the parties in accordance with applicable law and the remaining terms and conditions shall remain in full force and effect.
We may assign our rights and duties under these terms and conditions to any party at any time without notice to you.