Website Terms of Use

1. Agreement to Terms

1. By accessing or using our Website, you confirm that you accept these terms and conditions and that you agree to be legally bound by them.
2. We grant you a limited, revocable, non-transferable licence to access and use the Website for personal and non-commercial purposes.

2. Changes to our Website or Suspend Access

1. We may update and change our Website from time to time to reflect changes to our services, changes in law or changes to our business priorities, which will occur without notice to you.
2. Any variations will apply will be binding on you from the date the varied terms and conditions are posted on the Website. You should check our terms and conditions each time you use our Website.
3. We may suspend, restrict or terminate access to the Website or any account at any time and without notice where we reasonably believe these Terms, a right of a third party or a law or regulation has been breached.

3. Our use of personal information

1. Any information collected within the Website will be collected in accordance with the privacy policy adopted at the time (Privacy Policy), with an updated version found here: Privacy Policy.
2. You consent to our use of cookies, beacons, pixels or other behaviour and data tracking tools that we or a third-party use as described within the Privacy Policy.

4. Reliance on the Website

1. This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation, performance, reliability or availability of the Website, to the maximum extent permitted by valid law.
2. You acknowledge that there may be interruptions or a restriction of function of the Website at any time, with or without notice. These interruptions may be known to us, intentionally instructed by us, or not known to us at all.
3. We are media and education business and rely on the general exemption under 911A(2)(ec) of the Corporations Act (Cth) to publish this material. We do not hold an Australian Financial Services Licence or an Australian Credit Licence, and nothing we publish, say or host, in any content, audiovisual or otherwise, is financial product advice, credit assistance, or tax or legal advice. Any discussion of financial products is general information prepared without regard to your objectives, financial situation or needs. Before acting, consider its appropriateness for your circumstances and obtain advice from an appropriately licensed professional, and read any relevant Product Disclosure Statement or offer document. Guests’ views are their own; some guests, sponsors or links may involve commercial relationships, which we disclose where they exist. Past performance and case studies are not indicative of future results.

4. You warrant that all content and information on this Website will not be considered:

   1. financial advice;
   2. personal financial advice;
   3. taxation advice;
   4. legal advice;
   5. accounting advice;
   6. investment advice;
   7. credit advice; or
   8. any advice that is to be relied on by you in the future.
5. You must obtain independent professional advice tailored to your circumstances before making any investment, financial, borrowing or property-related decision.
6. Whether referenced in content on the Websites or User Generated Content, we do not guarantee capital growth, rental returns, borrowing capacity, financing outcomes or investment performance.
7. You warrant that you access this Website at your own risk and we are not responsible for any reliance you have on information from the Website, that it be operating at full or part function, or that it may cause harm to your own devices, including damage, loss and consequential cost to you, including but not limited to viruses or bugs.
8. You acknowledge that no system is completely secure, you are responsible for your own device security, and you must maintain your own backups.
9. Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws or regulations of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website. You consent to us providing any relevant information regarding your use to any valid legal requesting authority of any jurisdiction at our discretion.
10. While we use reasonable attempts to ensure the accuracy and completeness of the Content, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded.
11. Testimonials, examples and case studies are illustrative only. They are not representative of all users and do not guarantee similar outcomes. Individual results vary depending on market conditions and personal circumstances.

5. User-Generated Content

1. The Website may include content and materials uploaded or posted by other users via chat functions, profiles, enquiry forms, interactive pages, messages, or other submissions that become available to others, whether users or public, and which will include physical and opinion contributions you or a user provides to content, audio, video or otherwise (collectively, User Contributions).
2. User Contributions may be subject to other terms and conditions agreed between the contributor and us, but which will not affect the enforceability of these Terms against you or any user by us.
3. User Contributions has not been verified or approved by us, and any views or opinions expressed by users do not reflect our own.
4. You should not rely on any User Contribution available on or accessible via the Website.
5. Any User Contribution you submit will be treated as non-confidential and non-proprietary. You retain ownership of your content; however, by submitting it, you grant us, our affiliates, service providers, licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, display, perform, distribute, and otherwise disclose your content for any purpose. You waive any moral rights you may have in relation to the use and publication of your User Contribution on the Website and consent to its use by us and our successors or assigns for any purpose, including to any moral rights that contribute to a larger creative work considered a User Contribution or otherwise.
6. We may disclose your identity to a third party if that third party claims that your User Contribution infringes their intellectual property rights or their right to privacy if in compliance with the Privacy Policy.
7. You are solely responsible for any claim made, damage or loss caused by your User Contribution.
8. User Contributions may be collected and stored by us. We may, at our discretion, review any User Contribution to ensure it complies with these Terms or valid laws and regulations, but we are not obliged to do so.
9. We may remove any User Contribution that we determine, in our sole discretion, does not comply with professional standards expected on the Website.

10. For the avoidance of doubt, you represent and warrant that:

    1. you own or have the necessary rights to your User Contributions and to grant the licence described above;
    2. your User Contributions comply with these Terms;
    3. you are solely responsible for the legality, accuracy, and appropriateness of your contributions;
    4. we are not responsible for the content or accuracy of User Contributions posted by you or others; and
    5. you indemnify us for any damage, loss, or claim caused by any User Contribution you are responsible for in full or in part.

6. Prohibited uses

1. You must use the Website only for lawful purposes and in accordance with these Terms.

2. You must not, and must not authorise, encourage, aid, abet, or incite any other person to:

   1. send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
   2. post or create defamatory material, misleading material, unlawful content, discriminatory content, spam, unauthorised marketing, or third-party intellectual property on the Website;
   3. engage in any conduct that restricts or inhibits another person’s use or enjoyment of the Website, or that, as determined by us, could harm us, other users, or expose them to liability;
   4. use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with anyone else's use, including their ability to engage in real-time interactions;
   5. use any robot, spider, scraper, or other automated device, process, or means to access the Website for any purpose, including monitoring or copying content;
   6. use any manual process to monitor or copy material on the Website without our prior written permission;
   7. reverse engineer, decompile, or attempt to extract source code from any part of the Website, whether by manual or automated means;
   8. use any device, software, or routine that interferes with the proper operation of the Website;
   9. introduce or attempt to introduce viruses, trojan horses, worms, logic bombs, spyware, malicious code, or other technologically harmful material;
   10. You must not use any Website content for training artificial intelligence systems, machine learning models or similar technologies without prior written consent;
   11. attempt to gain unauthorised access to any part of the Website, the server on which it is hosted, or any server, computer, or database connected to the Website;
   12. attack the Website via a denial-of-service (DoS) or distributed denial-of-service (DDoS) attack; or
   13. otherwise interfere with the normal functioning or security of the Website.
3. We may report any suspected illegal or prohibited conduct to relevant law enforcement authorities and will cooperate by disclosing your identity as required. If you breach this clause, your right to use the Website will terminate immediately.

7. Links to Third Party Services

1. Subject to clause 27 below, where there is a link or connection to a website that is not governed by these Terms such link or content controlled by a third party (e.g. via hyperlink, API, RSS feed) are provided for your information only and do not indicate any endorsement of the respective website, marketing, messaging or the products or services provided at those websites (Third Party Services). If you choose to use to access Third Party Services from the Website, you do so at your own risk.
2. Where it is deemed that an “endorsement” by us of Third Party Services, it is only to the extent that the Third Party Services exist and details to contact the same are provided via the Websites, not that the Third Party Services are suitable or capable of providing goods or services that suit your specific needs or circumstances, and you indemnify us for any loss, damage or injury caused pursuant to clause 20.
3. Any agreement you have with a Third Party Services provider is solely between you and that third party. We do not guarantee performance of any third party, no matter the extent of any endorsement determined available via the Website.
4. We may receive referral fees, commissions, advertising fees or other benefits from third parties mentioned on the Website.

8. Intellectual Property

You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on our Website except with our prior written consent, or the consent of the relevant owner, where applicable. If you do so, your right to use our Website or receive benefits via any other arrangement with us will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and pay any costs associated with such breach of this clause. Notwithstanding the above, we reserve all rights available at law or equity should such breach occur.

9. Disclaimer and limitation of liability

1. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content (including User Contributions) on our Website or such other websites or any services or items obtained through our Website (including Third Party Services) or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

2. To the extent liability cannot be excluded, our aggregate liability is limited to the following in our discretion:

   1. re-supplying the relevant services by us or the via the Website; or
   2. the amount paid by you for those services in (a) in the preceding 12 months.
3. We are not liable for delays or failures caused by events beyond our reasonable control including but not limited to telecommunications failures, cyberattacks, hosting outages, government action and natural disasters.

10. Indemnities

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use or reliance on of any information obtained from the Website or a Third Party Service and any use of the Website's content, services and products other than as expressly authorised in these Terms.

11. Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their nominated representatives (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, they are to agree on an alternate method to resolve the Dispute within 21 days after receipt of the notice and failing that the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

12. General

1. These Terms are governed by the laws in force in Queensland, Australia. By using our Website, you agree to submit to the exclusive jurisdiction of the Courts of Queensland and Australia.
2. These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded by these Terms.
3. Where a policy is validly adopted by us and is published online as a policy relevant to users of the Websites and conflict with certain elements of these Terms, that policy will supersede these Terms.
4. Any failure by us to enforce any of these Terms or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these Terms.
5. We may assign or subcontract any of our rights and obligations under these Terms to a third party. You may not assign your rights or obligations under these Terms except with our prior written consent.
6. If any of these Terms (or part of them) are held to be invalid or unenforceable, the remainder of the Terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be narrowed to the minimum extent necessary for these Terms to be valid and enforceable, as intended and written.
7. You consent to receiving notices electronically, including by email and website publication.