Terms & Conditions
TERMS AND CONDITIONS
1.1 This site www.vividfinancial.com.au (“Website”) is made available by Vivid Financial Pty Ltd (“Vivid Financial”, “Vivid”, “we”, “our”, or “us”). These terms and conditions (“Terms”) apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) for whatever purpose (hereinafter referred to as “users”, “you” or “your”). The display of Content and your ability to view, access, use, and/or download the Content on the Website will be referred to as the “Services”.
1.2 By continuing to access our Website and/or use our Services, you agree that you enter into a legally binding contract with us upon these Terms and our Privacy Policy. These Terms, The Privacy Policy, and any additional document we incorporate by reference in these Terms constitute the complete and exclusive understanding and agreement between you and us.
1.3 If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference including the terms and conditions relating to our services, you must discontinue to use the Website.
1.4 These Terms may be updated or amended by us at any time at our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy in case of any such updates or amendments. If you do not agree with our updates or amendments, you must discontinue to use the Website and our Services.
ACCESSING AND USING THE SERVICES
2.1 The Website, and the Services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites”). If you link to Third Party Websites, you will be subject to those Third-Party Websites’ terms and conditions and their policies.
2.2 Material on this Website, including text and images, is protected by copyright law and is copyright to Vivid Financial. It may not be copied, reproduced, republished, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Prior written consent of the copyright holder must be obtained for any other use of material. No part of this Website may be distributed or copied for any commercial purpose or financial gain. All intellectual property rights in relation to this Website are reserved and owned by Vivid.
2.3 Hyperlinks provided on this Website to non-Vivid sites, are provided “as is” and we do not necessarily agree with, edit or sponsor the content or imply an endorsement of the views, information or products provided by such websites. No person, business or website may Frame this Website or any of the pages on this Website in any way.
MARKETING PROMOTIONS AND COMPETITIONS
3.1 Marketing promotions or competitions may be offered by us from time to time. The terms and conditions for those competitions and promotions will be specified on the Website. By entering or participating in a competition or promotion, you agree to be bound by the relevant terms and conditions specified on the Website in relation thereto. We retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you provided. Such alteration or addition will not affect the terms of any competition or promotion entered into by you prior to the alteration or addition.
ACCURACY OF INFORMATION
4.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent permitted by law, should not be relied upon by you as specific advice of any kind.
4.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding reports, guides, products and services may change from time to time and you will be bound by these changes from the date the changes are posted on our Website.
YOUR OBLIGATIONS WHEN USING THE WEBSITE AND THE SERVICES
5.1 You may not use the Website to obtain or distribute:
5.1.1 copyrighted material or material protected by law without our prior written consent; or
5.1.2 material containing viruses or any other destructive materials or data or code which can corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
5.2 You must not do anything that may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services or any part thereof.
5.3 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
5.4 You are not permitted to intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
5.5 Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.
5.6 Subject to the further provisions of these Terms, you are not permitted to:
(i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;
(ii) incorporate any part of the Content in any other work or publication; and/or
(iii) perform any other act which may not be considered fair use. On notice by us, you agree to cease any activity which we do not consider, in our sole and absolute discretion, to constitute fair use.
5.7 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
5.8 In addition, you shall not allow a third party to:
5.8.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (“the Software”) or any files contained in or generated by the Software by any means whatsoever;
5.8.2 remove any service identification, copyright or other notices, from the Software or documentation; or
5.8.3 disseminate performance information or analysis of the Software from any source relating to the Software.
INTELLECTUAL PROPERTY RIGHTS
6.1 Unless expressly granted herein, we reserve all rights (including all intellectual property rights) to the Website and Content we make available on or via the Website.
6.2 You agree not to use, copy, or distribute any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
6.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of us and our employees/agents are reserved.
6.4 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
6.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Services. All intellectual property rights in relation to this Website are reserved and owned by us.
COLLECTION OF PERSONAL INFORMATION
7.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
7.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing, storing and using your personal information for the purposes described in our Privacy Policy.
INDEMNITY
8.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees) arising from:
8.1.1 your use of and access to the Website and/or the Services;
8.1.2 your violation of any of these Terms;
8.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
8.1.4 any claim that our Content caused damage to you or a third party.
8.2 The defence and indemnification obligations referred to in clause;
8.2.1 above will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
LIMITATION OF LIABILITY
9.1 Subject to clause 11.2 below, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be uninterrupted and error free.
9.2 No provision of these Terms (or any contract governed by these Terms):
9.2.1 limits or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
9.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
EXCLUSION OF WARRANTIES AND REPRESENTATIONS
10.2 As far as the law permits, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.
ASSIGNMENT
11.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
SUCCESSORS AND ASSIGNS
12.1 These Terms shall inure for the benefit of and be binding upon our and your successors and assigns.
VIOLATION OF TERMS
13.1 Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at [email protected] or via our Contact Page on this Website. Any failure by us to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
ELECTRONIC COMMUNICATIONS
14.1 By using the Website and/or the Services, you agree that all agreements, reports, notices, disclosures, and other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing.” For the purposes of this clause, a “data message” means information generated, sent, received, or stored by electronic means, including but not limited to emails, text messages, or any similar form of electronic communication.
14.2 You agree specifically that:
14.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
14.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
14.2.3 your use, and continued use where appropriate, of the Website and/or the Services is sufficient evidence of your agreement to these Terms;
14.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within Western Australia;
14.2.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
14.2.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or by a person who has authority to act on our behalf in respect of that data message.
14.2.7 subject to our Privacy Policy, all users of the Website may receive communication from us. There will be an option in any email communication to opt out of receiving communication from Vivid.
INTERPRETATION AND MISCELLANEOUS PROVISIONS
15.1 These Terms and the relationship between us shall be governed and construed in accordance with Australian law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts in the State of Western Australia. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, we and you nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the provision.
15.2 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the contract or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
SECURITY
16.1 The transmission of information via the internet is not completely secure and data is submitted at your own risk. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website.
HOW TO CONTACT US
17.1 If you have questions about these Terms, our Privacy Policy, the Services or any documents incorporated by reference in these Terms, please contact us at [email protected] or via our Contact Us page on this Website.
