Website Terms of Access
This website (referred to in these Terms of Access as the Website) is owned and operated by the entity that owns the business name “Building Wealth in a Self Managed Superfund” on the World Wide Web (“WWW”).
The material on the Website is copyright © 2015 by the owner of the Website and/or other copyright owners.
By using this Website, you accept the Terms of Access and you agree to abide by them. If you are not willing to accept these Terms and Conditions, you may not use this Website.
- Use of material on the Website
- Generally:-
- Except for the limited use set out in para (1.1.2) you may not use the Website, or the material contained on it, for any purpose. This includes (but is not limited to):
- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading and/or reposting the material to any other site on the WWW;
- “framing” the material on the Website with other material on any other WWW site.
- Except for the limited use set out in para (1.1.2) you may not use the Website, or the material contained on it, for any purpose. This includes (but is not limited to):
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
- Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your own use provided you do not remove any copyright and trade mark notices contained on the material and provided you do not modify the copy from how it appears on the Website in any other manner. All rights not expressly granted under these terms of use are reserved.
- If you choose or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
- The Owner has the right to disable any account or user identification code or password (whether chosen by you or allocated by the Owner) if in our opinion, you have failed to comply with this clause or any other clause of these Terms of Access.
- You may not modify or copy:
- the layout of the Website; or
- any computer software and code contained in the Website.
- The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website (including, but not limited to the design, content and images) is protected by Australian and international copyright and other intellectual property laws. It is provided for personal use only and may not be:
- re-sold and/or re-distributed in any material form;
- stored in any storage media;
- re-transmitted in any media;
- used in any other manner whatsoever which interferes with or breaches Australian and international copyright and other intellectual property laws or the intellectual property rights of the Owner;
without the prior written consent of the Owner.
- You are not authorised to copy, lend, scan, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the Website or its content or images for commercial reasons or any other purpose, without our prior written permission from the Owner and/or the permission of any other relevant rights owner.
- When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
- Users will not use this site for any purpose or in any way which is unlawful.
- Links to other Websites
- The Website contains links to sites on the WWW owned and operated by third parties and which are not associated with nor under the control of the Owner.
- In relation to other sites on the WWW, which are linked to the Website, the Owner:
- provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
- The Owner will have no responsibility or liability in relation to any loss or damage which you incur, including damage to your software or hardware, arising from your use of or access to this Website.
- Disclaimer of Liability
- The Owner is making the Website available for others without assuming a duty of care to users.
- The information on this Website is general in nature only. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites.
- In preparing any information, material, documents, advice or otherwise in this Website the Owner has not and will not take into account any particular person’s objectives, financial situation or needs.
- All persons should, before acting on anything viewed on the Website, consider the appropriateness of this information having regard to their own personal objectives, financial situation or needs.
- The Owner recommends financial advice specific to a particular situation or particular circumstances be obtained before making any financial or other decisions.
- To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
- The Owner will not be liable under any circumstances for any loss of profits or any other loss or damage of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
- using/acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
- The Owner does not warrant, guarantee or make any representation that:
- the Website, or the server or provider that makes the site available on the WWW are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
- The Owner is not liable to you for:
- errors or omissions in the Website, or linked sites on the WWW;
- delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
- defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
- Limitation of liability
- Clause 1.3 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
- If the breach of an implied warranty or condition relates to services;
- the supply of the services again; or
- the payment of the cost of having the services supplied again; and
- if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
- Clause 1.3 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
- Use of information gathered
- The Owner and/or people authorised by it may gather and process the information:
- which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
- The Owner may authorise others to offer you goods and services using the information acquired through para 1.5.1.
- The Owner and/or people authorised by it may gather and process the information:
- Termination of access
- The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
- Alteration of Terms of Access
- The Owner reserves the right to change these Terms of Access:
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
- The Owner reserves the right to change these Terms of Access:
- Relevant jurisdiction
- If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms of Access will be governed by and interpreted in accordance with the law of Queensland, without giving effect to any principles of conflicts of laws.
- You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms of Access.
- The Owner does not warrant that the content of this Website complies with the laws of any country outside of Australia. If you access this Website from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with the Owner.
- Terms and conditions relating to the providing of information about your product or service
- Uploading information
- You represent and warrant in relation to any material and/or information you provide to the Website that:
- you are authorised to provide the material and/or information;
- the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
- the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
- The material and/or information does not infringe any laws, legislation or regulations of the Commonwealth of Australia or the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
- You represent and warrant in relation to any material and/or information you provide to the Website that:
- Licence to use intellectual property
- By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
- reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
- allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
- By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
- Removal of information
- In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
- Limit of liability
- The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
- in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and
- as a consequence of removing any material and/or information from this Website.
- The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
- Indemnity
- You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
- any breach of these Terms of Access; and
- publication of or distribution of material and/or information supplied by you.
- You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of: