Terms and Conditions of Use

This website, including all of its features and content (Website) is a service made available by The Business of Advice, the trading name of Jarro Pty Limited (TBOA) and all content, information and software regarding remuneration and staff structures in financial planning practices provided on and through this Website (Content) may be used solely under the following terms and conditions (Terms of Use). To access this Content and Website, you must purchase a Licence and Register via www.thebusinessofadvice.com.au as outlined below.

Purchase of Licence.

TBOA grants you a non-exclusive, non-transferable, un-assignable, non-sublicencable, limited license to access the Content in accordance with the Terms of Use (Licence) when you purchase a Licence via www.thebusinessofadvice.com.au . Prices are available at http://thebusinessofadvice.com.au/about/. When you purchase a Licence, you warrant that you comply with the eligibility criteria outlined below, are authorised to make purchases on behalf of such group and are of legal age. You consent to receive sales invoices electronically.

The Licence is valid for the period/s you selected at the time of payment (Term). The fee for the Term is non-refundable. After the Term, you may choose to renew your Licence for a further Term at the applicable rate. If you do not renew your Licence and your Licence expires, you will no longer have access to the Content from the date your Licence ends.

TBOA reserves the right, at its sole discretion, to change and modify this Licence at any time for any reason. Any change or modification to the Licence will take effect on the renewal of your Licence, if you choose to do so.

All prices are quoted in Australian Dollars and are inclusive of GST. All amounts payable to TBOA must be paid in Australian Dollars. Payments received in a currency other than Australian Dollars will not be accepted and any purchase of a Licence will be delayed until correct payment is received in full by TBOA. You will be liable for any penalty charges incurred by TBOA by reason of the dishonour or reversal of any payments made by you. All prices are subject to change without notice.

Eligibility Criteria.

To be eligible to purchase a Licence, you must be either:
(a) a company with an annual turnover of up to AU$5 million; or
(b) an individual intending to use the Website and Content for personal use.

Registration.

TBOA grants you access to the Content and Website when you purchase a Licence and register via www.thebusinessofadvice.com.au (Register). When you Register, you will create an account that will allow you to access the Content and Website (Account). You warrant that the information you provide when you Register is and will remain accurate and complete. You are responsible for maintaining the confidentiality of your Account and for restricting access to your computer.

To the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your Account. You warrant that your Account will only be used by you. For clarity, if you are a company, only the officers and employees of your company are permitted to use your Account. Employees of a related body corporate are not permitted. You must obtain written consent from TBOA before you can share any Content with any person not permitted to access your Account. You are responsible for preventing unauthorised use. If you believe there has been unauthorised use, you must notify TBOA immediately by contacting contact@tboa.com.au

Limitations on Use.

You may only use Content for personal use (if you are an individual) or internal business purposes (if you are a company). You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Content or Website, except to the extent permitted in the Terms of Use. You must not attempt to gain unauthorised access to any portion or feature of the Content or Website, or any other systems or networks connected to the Website or TBOA’s server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, assign or create derivative works from this Content or Website. You also must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Website or any transaction or use being conducted on the Website. You must not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures.

You must not use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of our Content or Website without TBOA’s prior written permission.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TBOA’s systems or networks.

Not Financial, Business or Investment Advice.

This Content is not intended to and does not constitute financial, business or investment advice unless expressly stated by TBOA and you acknowledge and agree that TBOA does not provide any financial services.

Intellectual Property Rights.

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

License of Your Content to TBOA.

By uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) TBOA a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sub-license, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against TBOA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Postings in interactive areas of the Content.

If you participate in interactive areas on the Website, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (Postings) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law

TBOA has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content of such Postings or any content linked to from such Postings. TBOA reserves the right to examine from time to time, some, all, or no part or all of the Website for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.

Any interactive area of the Website is provided solely for your personal use. You shall not include in your Posting(s) or otherwise distribute on or through the Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of TBOA. Any unauthorised use of any interactive area of the Website or Postings is expressly prohibited.

Third Party Content.

Third party content may appear on the Website or may be accessible via links from the Website. TBOA shall not be responsible for and assumes no liability for any infringement, mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of TBOA.

Disclaimer.

The Content and Website are provided on an “as is, as available” basis. To the maximum extent permitted by law, TBOA and its officers, directors, employees, agents, licensors and suppliers expressly disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. TBOA and its officers, directors, employees, agents, licensors and suppliers disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from the Content or Website, including but not limited to technical inaccuracies and typographical errors – in all cases, appropriate professional advice should be obtained in evaluating the accuracy, currency, completeness and relevance of the Content or Website;
(b) any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
(c) the unavailability of the Content or Website, or any portion; or
(d) computer viruses, system failure or malfunction which may occur in connection with your use of the Content or Website, including during hyperlink to or from third party Contents.

Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.

Limitation of liability.

To the maximum extent permitted by law, TBOA and its officers, directors, employees, agents, licensors and suppliers shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Content or Website or any facts or opinions appearing on or through the Content or Website. TBOA and its officers, directors, employees, agents, licensors and suppliers shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, loss of opportunity) in any way due to, resulting from, or arising in connection with the use of or inability to use the Content or Website.

To the extent the foregoing limitation of liability is prohibited or despite the limitation above, TBOA and its officers, directors, employees, agents, licensors and suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law TBOA and its officers, directors, employees, agents, licensors and suppliers liabilities will in no event exceed, in the aggregate, $100.00.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
(a) in the case of products:
(i) the replacement of the products or the supply of equivalent products; or
(ii) the payment of the cost of replacing the products or acquiring equivalent products;
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

Indemnification.

You agree to indemnify, defend and hold harmless TBOA, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use by you.

Breach of Terms of Use.

TBOA may monitor your use of the Content and Website including without limit accessing information such as profile, e-mail address/es, usage history, posted materials, IP addresses and traffic information to investigate your compliance with our Terms of Use. If, as a result of the investigation, TBOA forms a reasonable opinion that you have:
(a) breached the Terms of Use or you assist another person to breach the Terms of Use; or
(b) provided any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,

<h4TBOA, in its sole discretion, reserves the rights to:

(a) terminate or suspend the display of the Content and/or Website or your use of the Content and/or Website immediately and/or refuse any and all current or future access to and use of the Content and/or Website without notice;
(b) seek all remedies available at law and in equity for violations of the Terms of Use; and/or
(c) take any action TBOA 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 including information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Privacy.

Your use of the Content and Website is subject to TBOA’s Privacy Policy. To view the conditions, visit Privacy Policy.

Severability of Provisions.

These Terms of Use incorporate by reference any notices contained on the Content or Website, and the Privacy Policy. These Terms of Use constitute the entire agreement with respect to access to and use of the Content and Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of Australia and the jurisdiction of the New South Wales Court.

As at 29 April 2015