Website Terms and Conditions
1. Your acceptance
1.1 These are the terms and conditions (Terms) on which Human Financial Pty Limited ACN 615 610 305 (referred to as Human Financial, we, our or us) permits users (referred to as you or your) to:
(a) access and use the Human Super website (www.humansuper.com.au) (Website) including using the services and functionality made available through the Website;
(b) view and interact with any content, information, communications, advice, text or other material provided by Human Financial (Content); and
(c) otherwise communicate with Human Financial.
1.2 You agree to be bound by these Terms when you use, browse or access any part of the Website.
1.3 Human Financial may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website
The Website is subject to change at any time without notice and may contain errors.
3.1 The Website is owned and operated by or on behalf of Human Financial.
3.2 The Content on the Website is for general information and promotional purposes only. Human Financial does 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 Content by another person or organisation is at your own risk.
3.3 The Content on the Website may be 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 Content on the Website is not an endorsement of any organisation, product, service or advice.
3.4 All intellectual property rights, including copyright, in the Website and Content are owned or licensed by Human Financial or any of its related entities. You must not copy, modify or transmit any part of the Website or Content.
3.5 The Website contains trade marks, logos and trade names of Human Financial or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
3.6 Human Financial grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified in clause 4 and elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
3.7 If you have a complaint regarding any Content, Human Financial's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
4. Provision of general information only
4.1 The Website, Content and services made available through the Website offer generic information, which are designed for general informational purposes only. Any reliance or use of any information provided by or contained in the Website, Content or services made available through the Website is solely at your own risk.
4.2 You acknowledge that HumanFinancial is not authorised to, and does not through the Website, provide financial product advice (within the meaning of the Corporations Act 2001 (Cth)).
5. Prohibited uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services;
(d) frame the Website without Human Financial's express written permission;
(e) post, link to, or otherwise communicate or distribute any 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; or
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
6. Links and advertisements
6.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Human Financial provides those links as a ready reference for searching for third party information, goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the information, goods, services or content that they describe.
7. Access and communication
7.1 Subject to the consumer guarantees provided for in Schedule 2 to the Competition and Consumer Act 2010 (ACL), or any other applicable law, Human Financial does not warrant that you will have continuous access to the Website.
7.2 Human Financial will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
7.3 Human Financial does 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.
7.4 Whilst Human Financial takes reasonable precautions to protect information transmitted via the Website, Human Financial cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
7.5 Human Financial does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify Human Financial in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website or the Content; or
(c) your communications with Human Financial.
10. Warranties, consumer guarantees and limitation of liability
10.1 Subject to clause 10.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
10.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL (as defined in clause 7.1) or any other applicablelaw that cannot be excluded, restricted or modified by agreement.
10.3 To the fullest extent permitted by law, the liability of Human Financial for a breach of a non-excludable guarantee referred to in clause 10.2 is limited, at Human Financial's option, to the supplying of services again or the payment of the cost of having the services supplied again.
10.4 Human Financial will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
10.5 Subject to this clause 10, the maximum aggregate liability of Human Financial for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
11. Termination of your access to the Website
Human Financial may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the
Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a
provision will affect any other provision.
14. Contacting us
If you have questions about the
Website or these Terms, please contact us by email firstname.lastname@example.org
updated: 18 November 2017