Disclaimer Conditions

  1. These disclaimers, waivers and warning conditions (“Disclaimer Conditions”) must be read in conjunction with the Seller’s terms of use (“Terms”) and the Seller’s Privacy Policy (“Policy”). The terms defined in the Terms have the same meaning when used in these Disclaimer Conditions.
  2. Before downloading, purchasing or using the Products, you should obtain professional advice relevant to your particular circumstances as to whether the Products are suitable for you and your intended use. The Seller makes no representations or warranties regarding the Products or that the Products are suitable for your use or any particular purpose.
  3. You acknowledge and agree:
    1. you have conducted your own enquiries regarding the Products before using the Products;
    2. regardless of any brochures, pamphlets, tutorials, advertisements or any other material relating to the Products provided to you, your use of the Products is at your own risk and you assume full responsibility and risk for any loss or damage resulting from the use or information you create using the Products;
    3. while the Products may contain features to assist you in complying with the requirements of legislation, the Seller does not give any advice to you whatsoever including but not limited to any legal, financial, accounting, taxation, superannuation, wealth management or financial product advice or any other professional advice;
    4. your use of the Products does not in any way constitute compliance with any legal requirements which may be applicable to you. You acknowledge you are solely responsible for obtaining your own professional advice regarding your particular circumstances and any laws which may be applicable you;
    5. the Seller does not provide any services to you;
    6. the Products are supplied to you on an “as is” basis and without any representations regarding the use, performance or results obtained from use of the Products. You acknowledge you are solely responsible for any results obtained from your use of the Products and you rely on these results at your sole risk;
    7. information provided on the Website and in the Products may be in the form of summaries and generalisations. You have obtained your own professional advice for your circumstances;
    8. you must maintain copies or conduct regular back-ups of all information or data uploaded on the Products by you. The Seller expressly excludes all liability for any loss of your data and/or information and you acknowledge all data/information is uploaded at your own risk; and
    9. you are solely responsible for using appropriate and up to date firewall and antivirus software to protect your computer systems.
  4. To the maximum extent permitted by law:
    1. the Seller excludes all guarantees, conditions or warranties regarding the Products or their use which may be implied or imposed by law including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement;
    2. if liability for breach of any guarantees, implied conditions or warranties cannot be excluded, the Seller’s liability is limited, to repair of the Product, or the cost of repairing the Product, to replacing or re-supplying the Product or its equivalent again or the payment of the cost of having the Product or its equivalent replaced or supplied again. You acknowledge this clause, and any reliance on it by the Seller, is fair and reasonable;
    3. the Seller excludes all liability and responsibility to you or any other person for any direct or indirect loss, damage, liability, cost or expense suffered which results from any use of, or reliance on, the Products;
    4. the Seller and its employees, agents and contractors exclude any and all liability regarding all or any part of the content, recommendations or help contained in the Website or the Products;
    5. without limiting the generality of any other conditions, the Seller does not guarantee or make any warranty:
      1. the Products will work on all computer hardware platforms or configurations;
      2. the Products are free from errors, surreptitious code or contaminants including viruses, bugs, trojan horses, spyware or adware;
      3. the Seller will successfully prevent corruption of data. The Seller is not responsible if you are unable to access data or for any loss of data, breach of privacy or downtime as a result of or arising from the use of the Products or any online link available between the Products and another server;
      4. the Website will be available to you 24 hours a day, 7 days a week or you will have uninterrupted access to the Products. The Seller is not in any way responsible for any interference or prevention of your access or use of the Products. You accept use of the Products is at your sole risk;
      5. you will have uninterrupted availability of applications hosted by the Website or connections to any online forums or third party sites.
  5. Any material relating to the Products provided by or on behalf of the Seller or any agent of the Seller are provided in good faith and believed to be correct at the date of publishing. Material is provided to you on the sole basis you have no right of recourse against the Seller or any agent of the Seller in the event of any error in or omission from such material.
  6. The Products may contain links to third party websites, services and products that are not owned or controlled by the Seller. Links to third party sites may be included for your convenience but do not constitute endorsement of material at those sites, or any associated organisation, product or service. The Seller assumes no responsibility for the content, policies or practices of any third party websites and products. By using the Products, you specifically release the Seller from any and all liability arising from your use of any third party website or product.
  7. You acknowledge and agree any third party sites are used by you at your own risk and on the terms and conditions required by the third party site. The Seller reserves the right to request removal of any link to the Website.
  8. The Seller makes no representations the content of the Website complies with the laws (including intellectual property laws) of any county outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.