These terms and conditions (Terms) govern your use of and access to the FinanciallySmart.net website (www.financiallysmart.net) and any services or applications delivered from the Financiallu Smart website (this Site).
www.financiallysmart.net may change some or all of the Terms at any time. Amended versions of the Terms will be posted on this Site.
By using this Site, you agree that:
- you have read, accept and agree to be legally bound by these Terms; and in particular, that these Terms constitute a legally binding agreement between you and www.financiallysmart.net; and
- all other terms, notices, moderation guidelines, and disclaimers appearing on the website or as otherwise notified to you from time to time are hereby incorporated by reference into these Terms.
If you do not agree to be bound by any of these Terms, you will not be authorised to use or access this site.
These Terms were last updated 9th May 2012.
While we use reasonable endeavours to ensure that this Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the FinanciallySmart.net website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any website, feature or service (or part thereof) on this Site at any time.
To access or use certain parts of www.financiallysmart.net, you may need to register as a member of this Site.
When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.
You must not register as a member multiple times or impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your membership details including any username and/or password assigned to you. You are wholly responsible for all activities that occur under your membership details. You must notify us immediately if you become aware of any unauthorised use of your membership and you must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of this Site including if we believe you are abusing the services in any way, have breached the Terms or are no longer an active member.
By registering as a member you acknowledge that financiallysmart.net may send you emails from time to time in relation to changes to the financiallysmart.net website, specific content, new features, content you submit to financiallysmart.net or administrative matters related to your account information.
You must not:
- use this Site in breach of any applicable laws or regulations
- use this Site (or Material obtained from this Site):
- to transmit (or authorise the transmission of) 'junk mail,' 'chain letters,' unsolicited emails, instant messaging, 'spimming,' or 'spamming'
- to impersonate any person or entity
- to solicit money, passwords or personal information from any person
- to harm, abuse, harass, stalk, threaten or otherwise offend others
- for any unlawful purpose
- use this Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person
- contains, promotes, or provides information about unlawful activities or conduct
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful; including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability
- exploits another person in any manner
- contains nudity, excessive violence, or sexual acts or references
- includes an image or personal information of another person or persons unless you have their consent
- poses or creates a privacy or security risk to any person
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive
- contains large amounts of untargeted, unwanted or repetitive content
- contains restricted or password only access pages, or hidden content
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us)
- contains financial, legal, medical or other professional advice
- interfere with, disrupt, or create an undue burden on this Site
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of this Site
- use this Site with the assistance of any automated scripting tool or software
- frame or mirror any part of this Site without our prior written authorisation
- use code or other devices containing any reference to this Site to direct other persons to any other web page
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of this Site or cause any other person to do so
- delete any attributions or legal or proprietary notices on this Site.
By uploading, transmitting, posting or otherwise making available any Material via this Site, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material within this Site
- except where expressly stated otherwise, also grant each user of this Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to these Terms
- agree that the licence described in paragraph (a) includes a right for us to licence the Material to the public under the open access licence described in the Copyright statement.
- warrant that you have the right to grant the above-mentioned licences
- warrant that the Material does not breach these Terms
- unconditionally consent to any acts or omissions by financiallysmart.net or any user of the site that would otherwise infringe moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person
- monitor use of this Site, and store or disclose any information that we collect including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request
- We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on this Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on this Site by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
If you think that this Site was accessed or used by another user in breach of the Terms, email email@example.com. We will consider whether there are grounds for taking any action. You will not necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe was infringed, identify how each copyright protected work was or is being infringed and include your contact information.
You will need to sign the notice and email it to firstname.lastname@example.org or, by post, to:
PO Box 994
VICTORIA PARK WA 6979
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties.
Such websites do not form part of this Site and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave this Site entirely at your own risk.
If you contact a third party using functionality provided on this Site including via email and social media services, we do not accept any responsibility for any communication or transactions between you and the relevant third party.
Occasionally, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the thinkmink Privacy statement (e.g. attending a calendar event).
If we waive or fail to enforce any rights available to us under these Terms on any particular occasion, this does not mean that those rights will automatically be waived or not enforced on any other occasion.
If any of these Terms (or part of any of these Terms) is held to be invalid, unenforceable or illegal for any reason, it shall be severed from these Terms and the remaining Terms (or part of any of these Terms) shall continue in full force.
These Terms are governed by the laws in force in the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of the state of WA.
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