TERMS & CONDITIONS
In these Terms, 'us', 'we' and 'our' means My Online Guides Pty. Ltd. and our related bodies corporate.
You must be a registered member to access certain features of our website.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
o at least 18 years of age;
o possess the legal right and ability to enter into a legally binding agreement with us; and
o agree and warrant to use the website in accordance with these Terms.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Description of Services
The Services allow registered users to access content at www.yourfinancialwellness.com.au, or other related sub-domains and websites, including inter alia, access to:
o Use of the Personal Financial Wellness Scale™ or other instruments from time to time
o Personal finance and superannuation tutorials
o Online calculators
o Budgeting tools
o Expert commentary
o Posts of relevant subject matter content
You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You should assess whether the Services are appropriate to your particular objectives, situation and needs before making a decision on the basis of the information on this website. You can either make this assessment yourself or seek the assistance of any adviser.
Subscriptions to Services
Subscriptions to paid Services are available. Where you subscribe to such paid Services, the Services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you or by alternative payment arrangements as agreed with you at the time. If you would like the payment for the renewal to be made through a different Credit Card or payment arrangement, or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription (yearly subscription plans only), you will be refunded the subscription fee for the unused portion of the subscription period.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (1) transfer or otherwise make available to any third party the Services; (2) provide any service based on the Services without prior written permission; (3) use the third party links to sites without agreeing to their website terms & conditions; (4) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (5) use the Services for spamming and other illegal purposes. We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
Requests for unscheduled support relating to faults will be classified by the user as Critical, Important or Non-Critical. We will respond to support requests within one business day timeframe. Please note this means an acknowledgement of the issue being registered, it does not necessarily mean issues will be resolved or fixed within this timeframe. Upon acknowledgement of a support issue, we will advise the user of the likely resolution timeframe for the issue although no guarantees around issue resolution will be provided.
User Accounts Policy
We reserve the right to cease on-going work and/or terminate Services should a payment become overdue until the overdue amount is paid in full. In the event of such termination, all data associated with such user account may be removed. We will provide you prior notice of such termination by email. The data removal policy may be implemented with respect to any or all of the Services.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of your Personal Snapshot Report for the purpose of viewing the Content for your own personal use. Where the Services provide for you to download data input by you, then you are authorised to do so.
No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
o any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
o using this website to defame or libel us, our employees or other individuals;
o uploading files that contain viruses that may cause damage to our property or the property of other individuals;
o posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third o party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Warranties, disclaimer, limitations and Indemnification
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered as a result of using, modifying, contributing, copying, distributing, or downloading any materials (including service and/or software) provided by us. In no event shall we be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, whether for breach or in tort, even if we have been previously advised of the possibility of such damage. You agree that you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Services and will not make a claim of any nature against us for lost data, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold us entirely harmless from, and you covenant not to sue us, or our affiliates, successors or assigns, for, any claims related to the Services. Your sole and exclusive remedy for any dispute with us related to any of the services shall be termination of such service. In no event shall our entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Third Party Software, Content and Postings
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.