1. TERMS AND CONDITIONS
In these terms and conditions, "we", "us" and "our" means Link Advice Pty Ltd (ABN 36 105 811 836) and its’ associated companies. Please read these terms and conditions carefully. They apply to your use of our web pages and website and the service offered by us on the Website as described in clause 4 below. By being issued with a login, or by using the Website and the Service, you agree to be bound by these terms and conditions.
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted. If you use the Website and/or Service after the date that the revised terms and conditions take effect, it will be assumed/accepted that you have agreed to, and will be bound by, those revised terms and conditions.
3. USE OF THE SITE IS AT YOUR OWN RISK
You use the Website and Service at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
- we endeavour to provide a convenient and functional Website and Service, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Website or Service or the server that operates them are free of viruses or other harmful components; and
- while we may attempt to keep information on the Website or the Service current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Service.
- If your use of the Website or the Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
- Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service is provided to you 'as is' and 'as available' without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We exclude all representations and warranties to the fullest extent permissible under applicable law.
4. SERVICES AND FEES
- The Website provides (among other things) a multi-level web-based interactive educational process incorporating on screen lessons, a do-it-yourself Money Plan, and interactive tools and calculators.
- We reserve the right at any time to charge or amend the fees payable by you and to vary or amend the terms and conditions that cover such fees for your access or use of any part of the Website and/or the Service.
5. LICENCE TO USE THE CONTENT ON THE WEB SITE
- You acknowledge that the Website, the Service and all related content are subject to copyright, trademark and/or other intellectual property rights (Intellectual Property Rights).
- We grant you a limited, non-exclusive and non-transferable licence to access and use the Website and the Service solely for your personal, non-commercial purposes.
- We (or our licensors) retain all right, title, and interest in and to the Website, the Service and all related content. Nothing you do on, or in relation to, the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you. Except for the licence referred to in paragraph (a), you will not be licensed to exercise any Intellectual Property Rights unless this is expressly stated.
- Except as provided in these terms and conditions, or as permitted under applicable law (including the Copyright Act 1968), permission to reprint or electronically reproduce or adapt, upload, download, link to, frame, perform in public, transmit or otherwise distribute, the Website, the Service or any related content in whole or in part for any other purpose other than that specified in paragraph (b) is expressly prohibited, unless prior written consent is obtained from us. You may contact us if you want to obtain such consent.
- Subject to applicable law, we may revoke the permission referred to in paragraphs a) and c) at any time and we may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.
6. THE SERVICE
The Website and the Service may contain material or content uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Website, including you (User Content). We reserve the right:
- to access or examine any User Content; and
- at our discretion, move, remove or disable access to User Content which we consider, in our sole opinion, to breach any law or to be otherwise unacceptable.
- You acknowledge that we may remove any User Content Posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Website or through the Service.
If you use the Website or the Service, you are solely responsible for any User Content Posted by you. In using the Website or Service, you must not:
- violate any applicable laws;
- impersonate any person;
Post any User Content that:
- infringes the Intellectual Property Rights of any third party or Post User Content that you do not have the right to Post;
- is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;
- contains a survey, contest, or pyramid scheme; or
- contains an improper question;
- stalk, harass or otherwise harm others;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of the Website or the Service; or
- engage in any other conduct that inhibits any other person from using or enjoying the Website or the Service.
7. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- all user content that you post is true, accurate and not confidential to or owned by any other person;
- you will not use the Website or the Service for any commercial or non-personal purpose or any purpose that is unlawful or prohibited by these terms and conditions; and
- all User Content Posted by you is owned by you and our use of such User Content does not infringe or violate the Intellectual Property Rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clause 8, or your violation of any of these terms and conditions.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Service or any related content;
- we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage (including without limitation any cause of action arising out of or in connection to any error in, any negligence in the provision of, any information, advice, opinion or recommendation contained in or provided via the Website or the Service); and
our liability for breach of any implied warranty or condition which cannot be excluded is limited at our discretion to the following:
- in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
- in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
- Subject to our obligations under any implied conditions and warranties referred to in paragraph a) ii), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph a)ii).
10. VARIATION OF THE WEBSITE AND SERVICES
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
11. LINKS AND ADVERTISEMENTS
We have not reviewed all of the sites linked to the Website. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site. You use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Service.
Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
The provisions of these terms and conditions, which by their nature survive termination or expiry of these terms and conditions, will survive cancellation of your registration or termination or expiry of these terms and conditions.