- In these Terms and Conditions, unless the context or subject matter otherwise require:
Associated Entities has the definition attributed to it under s 50AAA of the Corporations Act;
Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, Right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against Positive Solutions Finance, however arising and whether ascertained or unascertained, or immediate, future or contingent;
Positive Solutions Finance (“we”, “our”, “us”) means Positive Solutions Finance as trustee and our Associated Entities;
Intellectual Property means and includes all copyright and related Rights, all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trade marks Rights, all Rights relating to registered designs, all circuit layout rights, and all other Rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights;
Personal Information has the definition attributed to it under the Privacy Act 1988 (Cth);
Right means any legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or cause of action;
Terms and Conditions means the terms and conditions set out in this document;
Website means the domain name www.positivesolutionsfinance.com.au and any sub-domains; and
You/Your means the person or entity who has viewed or utilised the Website in any manner.
- When You view, submit information or in any other way engage or interact with the Website, You acknowledge that:
- we are allowing You access to our Website on the express basis that these Terms and Conditions will apply and would not have otherwise consented to Your access; and
- we reserve the Right to change, modify or amend these Terms and Conditions at any time without any other form of notice. If we are of the belief that any change to our Terms and Conditions will materially affect You, we will provide a notice on our Website of the change(s) that have occurred.
- Without limiting any other clause in these Terms and Conditions, we will not, without Your consent, use Your Personal Information in a way that breaches the Australian Privacy Principles set out in the Privacy Act 1988(Cth).
INTELLECTUAL PROPERTY / CONFIDENTIAL INFORMATION
- Any Intellectual Property contained on our Website remains our property and you may only peruse it on the Website and must not use it for any other purpose.
- All documents, information systems and know how provided to or disclosed to You by us must be treated as confidential by You and You warrant not to lend, copy, use, dispose of or sell such documents, information systems or know-how without our prior written consent.
- You must not use any part of the Intellectual Property in creating another document or website.
- By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable Right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- By posting or adding any content onto the Website, You consent to any act or omission in relation to that content which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 9 will survive any termination of these Terms and Conditions.
LIMITATION OF LIABILITY
- We expressly disclaim, to the fullest extent permitted by law, all express, implied and statutory warranties.
- You fully indemnify and hold Positive Solutions Finance harmless from any Claim arising out of Your access to or use of this Website including (but not limited to) to the following:
- any error, omission or loss of confidentiality arising from electronic communication;
- any unauthorised copying, recording or interference with Goods;
- any damage caused to Your system or files as a result of electronic transmission (this includes by computer viruses); and
- Your use of our Website, or the infringement by You, or by any person using Your computer, of any Intellectual Property or other Right of any person.
- The Website is intended to provide access to general information not financial or professional advice.
- Laws, regulations and practices differ depending on particular circumstances, and from jurisdiction to jurisdiction. As such, no general information of the kind provided on the Website will be suitable for every circumstance.
- The information on the Website is provided without any form of warranties, express or implied, of merchantability and fitness for particular purpose.
- We do not warrant the Website (or information contained therein) is free from errors.
- You are fully responsible for the information You enter into any available fields on our Website.
- These Terms terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Terms immediately, by notice to you, if you have breached these Terms in any way.
- You must not assign, sublicense or otherwise deal in any other way with any of your Rights under these Terms.
- If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms and Conditions are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
- These Terms and Conditions will not be interpreted, construed or applied adversely to us by reason of their having been drafted by or on our behalf.
(Updated June 2015)