Website Terms and Conditions
This website is owned, created and/or controlled by Ignition Wealth Ltd (ACN 602 351 968) or its related entities (referred to as we, us or our). Access to and use of this website and all other websites we operate (the Website) including the services and functionality made available through the Website by users (referred to as you or your) is subject to these terms and conditions (referred to as the Terms). By using the Website you agree to be bound to the Terms.
1. Terms and conditions of use
- Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion, including to take account of new laws, products or technology. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be governed, and therefore you are deemed to have accepted, the most recent Terms posted on the website.
- We are a company incorporated in Australia, and the Terms are governed by and subject to the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
- If you do not agree to the Terms, you must not use or access the Website.
2. Website Content / Intellectual Property Rights
- We are the owner and/or authorised user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated.
- Except as provided in the Terms, use of the Website or Website Content (defined below) does not grant you any right, title, interest or license to any such intellectual property you may access on the Website. We own the rights, or have permission to use, the trademarks, logos and trade names listed on our Website.
- All intellectual property rights in the Website and the content, information, text, advice, material, graphics, software, advertisements and other material provided by us or our related entities on the Website (Website Content) including but not limited to copyright are owned or licensed by us or our related entities. You must not copy, modify or transmit any part of the Website or Website Content.
- The Website Content is for general information and promotional purposes only. We do not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Website Content, materials or information by another person or organisation is at your own risk.
- The Website Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Website Content on the Website is not an endorsement of any organisation, product, service or advice.
- We grant you a non-exclusive and non-transferable licence to use the Website and Website Content for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial purposes or exploitation.
- If you have a complaint regarding any Website Content, our sole obligation will be to review any written complaint notified to us and, if we see fit, in our sole discretion, to modify or remove the particular Website Content.These Terms do not apply to any services we provide to you. Any such services will be governed by a separate agreement between us and you.
3. Use of our contact details
- The publication on our Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.
4. Limitations on use
You agree that in accessing and using the Website, you will not engage or attempt to engage in activities that:
- decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Website Content;
- use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users;
- download (other than page caching), copy, modify, reproduce, republish, reformat, frame, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the Website Content without our prior written permission;
- impersonate or falsely claim to represent a person or organisation;
- post, link to, or otherwise communicate or distribute any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- knowingly post, introduce or transmit, or permit the posting, introduction or transmission of a virus, worm, Trojan horse, malware, spyware, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Website;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- breach or circumvent any applicable laws in using or accessing the Website;
- damage or tamper with the operation of the Website Content; or
- use the Website or Website Content in a manner which is unlawful or would infringe the rights of another person, including any intellectual property rights.
5. Access to security
- Subject to paragraph 9 in these Terms, we do not warrant that you will have continuous access to the Website or that your access or use will be error-free.
- We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies).
- We reserve the right at any time to deny or terminate all or part of your access to the Website for any reason (including but not limited to where there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms).
- If we issue you with a username and password enabling you to access special features on our website you must keep these details confidential.
- We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers and electronic communication (including electronic mail) is vulnerable to interception by Third Parties.
- We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across the Website and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
6. Can you link to our website?
You are welcome to link to our Website as long as you observe the following conditions:
- you present the links in a way which fairly represents us. The link(s) must not cause us embarrassment;
- the context of the link must not suggest that we endorse you in any way, or have any connection with your site;
- the context of the link must not suggest that we have created any of your content; and
- the links do not otherwise breach these Terms.
7. Links to other sites
- The Website may contain links to other websites (Linked Websites). We have not reviewed all of the Linked Websites and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Those links are for convenience only and we are not responsible for the content or practices associated with Linked Websites.
- We provide those Linked Websites as a ready reference for searching for third party goods and services on the internet and not as an endorsement, approval or recommendation of those Linked Websites, their operators or the goods, services or content that they describe.
8. Disclaimer and Limitation of liability
- We cannot guarantee the safety or security of your computer system or other electronic device. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system or other electronic device sustained in connection with the use of the Website or user content.
- We make no representations or warranty of any kind, express or implied as to the operation, accuracy or completeness of the Website or the Website Content, or that they are free from any errors, omissions or defects. You expressly agree that your use of the Website is entirely at your sole risk.
- To the extent permitted by law, the Website is provided on an “as is, as available” basis.
- We expressly disclaim all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits or anticipated profits, loss of business opportunity, loss of data or loss of reputation whatsoever of any kind resulting from, arising out of or any way related to the Website, the Website Content or Linked Websites, including but not limited to:
- 1. any errors in or omissions of the Website and/or Website Content, including but not limited to technical inaccuracies and typographical errors; or
2. any third-party web sites or content directly or indirectly accessed through links in the Website, including but not limited to any errors in or omissions;
3. the unavailability of the Website or any portion;
4. the fitness for any purpose of the website or any information contained in it;
5. your use of the Website; or
6. your use of any electronic device or software in connection with the Website.
- Subject to paragraph 9, our maximum aggregate liability for all proven losses and claims, arising out of or in connection with these Terms or the use of the Website, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of AUD$10.
9. Australian Consumer Law
If you are in Australia, this paragraph 9 applies:
- The Competition and Consumer Act 2010(Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the Website (including the various functions contained on the Website) which cannot be excluded, restricted or modified (Non-excludable Rights).
- Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.
- To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in this paragraph 9 is limited to the supplying of the Website again or the payment of the cost of having the Website supplied again.
- You agree to indemnify, defend and hold us harmless, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from or in connection with any violation of the Terms by you, your use of the Website or Website Content, including any wrongful, wilful or negligent act or omission, your communications with us or your use of Linked Websites.
- You also agree to indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
11. Third Party Rights
- The provisions of paragraphs 8 (Disclaimer and Limitation of Liability), and 11 (Indemnification) are for our benefit and the benefit of our officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. No other third parties have any rights under these Terms.
- In using our Website and application, you represent and warrant that:
1. the information you provide to us is true and correct and you have all necessary consents and authorisations to provide such information to us
13. Unlawful Activity
- We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
14. Confidentiality and Privacy
In this paragraph 14:
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal data, personal information, sensitive information or any equivalent or analogous term in the relevant Privacy Laws.
Privacy Law means any applicable law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy, data protection or health information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any national, federal, state or local law from time to time in force which relates to or affects privacy or data protection rights or Personal Information in any applicable jurisdiction.
- If you are located outside of Australia, you acknowledge and agree that by submitting Personal Information to us, that Personal Information may be transferred or disclosed to us in Australia in connection with our provision of the Website and Website Content and performance of these Terms. By providing Personal Information to us, you warrant to us that you are authorised to distribute that Personal Information to us, and that you are not breaching any applicable Privacy Laws, or causing us to breach any applicable Privacy Laws, as a result of such transfer or disclosure.
15. Severability of Provisions
- If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
- These Terms are effective until terminated by us. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.
- Such termination shall not affect any legal right that we may have accrued against you up to the date of termination.
- We may also remove the Website as a whole or any sections or features of the Website at any time.
17. International Use
- We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia, Republic of Ireland or the UK. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website where doing so would be illegal.
- We may contact you from time to time to provide you with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of products or services we may offer our customers.
- By accepting these Terms, you consent to us using your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from us, you may opt out by contacting us in accordance with paragraph 26.
19. Entire Understanding
- These Terms contains the entire understanding between the parties concerning the subject matter of these Terms and supersedes, terminates and replaces all prior agreements and communications between the parties.
20. No adverse construction
- These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a party because that party was responsible for its preparation.
21. No waiver
- A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by these Terms does not operate as a waiver of that power or right.
- A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms.
- A waiver of a breach does not operate as a waiver of any other breach.
22. Successors and assigns
- These Terms bind and benefit the parties and their respective successors and permitted assigns under paragraph 23.
23. No assignment
- You cannot assign or otherwise transfer the benefit of these Terms without our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without your prior consent.
24. Communication and Notice
- You consent to us contacting you by electronic means including through email.
25. Operation of indemnities
Unless these Terms expressly provide otherwise:
- each indemnity in these Terms survives the expiry or termination of these Terms; and
- a party may recover a payment under an indemnity in these Terms before it makes the payment in respect of which the indemnity is given.
26. Contacting Us
- If you have questions about the Terms, please contact us by email at email@example.com