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Term & Conditions
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1. Introduction
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(1)
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LifestylePlanner.com.au is the perfect solution for people who find it difficult
to budget, whether it be through poor discipline or simply not knowing how to.
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(2)
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In today’s world, the majority of Australians are on good to excellent incomes.
However, the problem lies in how we spend our earnings; the lack of savings and
the need for direction to enable increased wealth.
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(3)
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Our website is more than just a budgeting tool that shows you where your money has
gone, it also enables you to manage how your money is going to be spent, provides
you with up to date information on how you are tracking to budget and helps to identify
remaining funds available that can be directed towards savings and wealth creation
opportunities.
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(4)
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For full details of the functionality comprised in our website, please click here
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2. General information about these terms and conditions
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(1)
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These terms and conditions, which are subject to change by us at any time without
notice, apply to your use of our website, the homepage of which is accessible at
www.lifestyleplanner.com.au
or lifestyleplanner.com.au
(hereinafter “our website” or “this website”) for all and any purposes.
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(2)
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Each time you use this website, you agree to be bound by these terms and conditions
and any changes to them we may make from time to time. If you do not accept these
terms and conditions, you must refrain from using our website. You are entitled
to seek independent legal and financial advice before using this website. These
terms and conditions must be read in conjunction with any other applicable terms
and conditions we may publish from time to time governing the use of this website.
We have also sought to include in these terms and conditions some useful advice
on how to use our website.
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(3)
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If you find yourself unable to agree to these terms and conditions for any reason,
then you must not use this website for any purpose at all.
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(4)
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If however, you agree to these terms and conditions wholly and unconditionally,
you may access and use this website as permitted by these terms and conditions.
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(5)
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If you wish to become a registered user of this website, you must complete online
registration via our website
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(6)
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A copy of our latest website terms and conditions is available here
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(7)
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As a registered user of our website, you agree to comply with these rules and any
other rules set out on this website. However, the terms and conditions in this document
shall override any contrary or previous terms or conditions published by us or appearing
on this website.
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(8)
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If any part of these terms and conditions is invalid or unenforceable, the remainder
of these terms and conditions shall continue in full force.
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3. Definitions and interpretation
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(1)
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For your convenience, we have listed below some general information about ourselves:
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(a)
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“We”, “us” and “our” are Lifestyle Planner Australia Pty Limited [ACN 127 557 859]
and our address for service of all notices is ‘HILLS CORPORATE CENTRE’ UNIT 44,
11-13 BROOKHOLLOW AVENUE, BAULKHAM HILLS NSW 2153 Australia;
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(b)
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Our Australian Business Number is [ABN 93 127 557 859].
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(c)
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The universal resource locator (URL) of the homepage of our website is www.lifestyleplanner.com.au or lifestyleplanner.com.au.
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(d)
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References to “you”, “your” and similar are references to you as:
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(i) A silver member registered on our website;
(ii) A gold member registered on our website;
(iii) A platinum member registered on our website;
(iv) A financial planner registered on our website;
(v) An accountant registered on our website;
(vi) A bookkeeper registered on our website;
(vii) A tax agent registered on our website;
(viii) A mortgage broker registered on our website;
(ix) An affiliate registered on our website;
(x) An advertiser on our website;
(xi) A third party who registers their business details on the
Consultant Registration page of our website;
(xii) A browser of our website or any other user of our website,
as the context dictates.
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(e)
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“GST” means the same as in the GST Law; any other goods and services tax, or any
tax applying to a transaction in a similar way; and any additional tax, penalty
tax, fine, interest or other charge under a law relating to such a tax.
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(f)
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“GST Law” means the same as “GST law” in A New Tax System (Goods and Services Tax)
Act 1999 (Cth).
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(g)
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You can contact us for support or any other legitimate reason, by submitting an
email to the email address shown at Contact Us.
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(h)
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All dollar amounts stated on the Lifestyle Planner website and all transactions
conducted are in Australian Dollars.
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(2)
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In these terms and conditions:
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(a)
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headings and underlinings are for convenience only and do not affect the interpretation
of these terms and conditions;
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(b)
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a provision of these terms and conditions will not be interpreted against a party
just because that party prepared the provision;
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(c)
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a word or expression in the singular includes the plural, and vice versa;
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(d)
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any references to a gender includes any gender;
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(e)
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other parts of speech and grammatical forms of a word or phrase defined in these
terms and conditions have a corresponding meaning;
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(f)
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a reference to a statute includes an amendment or re-enactment to that legislation
and includes subordinate legislation in force under it;
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(g)
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a reference to a document includes an amendment or supplement to, or replacement
or novation of, that document;
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(h)
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a reference to a party to this or any other agreement includes that party's successor
and permitted assigns;
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(i)
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a reference to an agreement other than these terms and conditions includes an undertaking,
agreement or legally enforceable arrangement or understanding whether or not in
writing;
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(j)
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a reference to a recital, a clause, a Schedule, or an Annexure is a reference to
a recital, a clause of, a Schedule to, or an Annexure to these terms and conditions;
and
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(k)
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a reference to a clause includes a reference to a subclause of these terms and conditions.
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4. Registration as a Silver Member
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(1)
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Silver Member registration is free but non-transferable.
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(a)
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Details of our Silver membership are available
here.
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5. Registration as a Gold Member
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(1)
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Gold Member registration requires payment of a fee and is also non-transferable.
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(a)
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Details of our Gold membership are available at
here.
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6. Registration as a Platinum Member
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(1)
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Platinum Membership is only available via a Financial Planner. Registration may
or may not require payment of a fee and is also non-transferable.
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(a)
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Details of our Platinum membership are the same as Gold membership and are available
at here.
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7. Registration as a Financial Planner, Accountant, Bookkeeper, Tax Agent and Mortgage
Broker
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8. Advertising
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(1)
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Please contact us using the contact details or the form accessible at Contact Us if you wish to express your interest
to advertise on our website. We will consider your expression of interest and discuss
the matter with you, including fees and associated terms and conditions for advertising.
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(2)
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We give no undertaking as to the availability of advertising space advertised on
this website.
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(3)
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Publication of your advertisement will be effected in the manner agreed between
us and you.
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(4)
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Publication of your advertisement will not take place until payment has been received
by us.
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(5)
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Payment must be effected in the manner agreed between you and us.
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(6)
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Advertising space is offered for sale only to persons who can make legally binding
contracts.
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(7)
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No responsibility for advertisements
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(a)
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Responsibility for the content of advertisements appearing on this website (including
hyperlinks to advertisers' own websites) rests solely with you, the advertiser.
The placement of your advertisements by us does not constitute a recommendation
or endorsement by us of your products or services and each advertiser is solely
responsible for any representations made in connection with its advertisements.
You warrant that you have not relied on any advice given or representation made
by or on behalf of us in relation to this website except as expressly provided in
these terms and conditions.
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(b)
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We make no warranty that the advertisements you place with us will meet your requirements
or result in a certain amount of views or impressions. It is your responsibility
to comply with our listing guidelines available on application. You accept full
responsibility for incorrect or inaccurate listing or for inappropriate listing
categorisation.
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(c)
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Our website has been prepared in accordance with Australian law and may not satisfy
the laws of any other country. We do not warrant that this website will satisfy
the laws of any other country. It is your responsibility to determine whether this
website satisfies the laws of the jurisdiction where you reside and if it does not
satisfy the laws of your jurisdiction, you may not order the publication of any
advertisement on this website.
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(d)
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You acknowledge that despite all reasonable precautions on our part, there is a
risk of unauthorised access to or alteration of your transmissions or data or of
information contained on your computer system or on this website. We do not accept
responsibility or liability of any nature for any such losses which you may sustain
as a result of such activity.
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(8)
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There are some situations where we cannot accept an order for advertising, and in
the order form, you will be asked to identify if any of these are applicable to
you in our advertising order form. You will ensure that your responses are not misleading
or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete
the order form accurately.
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(9)
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You agree that we may modify your advertisement prior to publication of it. However,
we cannot review every advertisement placed on our website. You agree not to post
or transfer to our website (nor include in any message) any material or advertisement
which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any
copyright or other intellectual property right, or damaging to data, software or
the performance of our or any other parties’ computer system. You agree to indemnify
us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred
as a result of a breach of your obligation under this condition, in respect of any
claims made against us by any third party as a result of your advertisement, any
negligent act or omission by you, or any actual or alleged breach of any law, regulation,
code of conduct, as a consequence of all or any of your advertisements. You also
agree to provide such indemnification in respect of any modification that we may
make to your advertisements.
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(10)
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Transactions carried out with your own customers as a result of any advertisements
published by us on your behalf on our website are your sole responsibility. You
accept responsibility for the delivery of goods sold pursuant to such advertisements
and also the provision of the services provided as a result of such advertisements,
in all respects.
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9. Registering as an affiliate
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(1)
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Details of becoming an Affiliate are available
here.
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10. Registering in our business directory
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(1)
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Registering in our business directory is free and is also non-transferable.
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(2)
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Only Lifestyle Freedom Coaches will have access to our Consultants Directory and
may recommend your products or services to registered Lifestyle Planner users as
appropriate.
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11. General eligibility requirements
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(1)
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You may only become a registered user on our website if it is lawful for you to
do so in your jurisdiction. For instance, in certain jurisdictions you may be required
to obtain licenses prior to using our website. All and any such laws, regulations
and requirements are your responsibility and by using this web site, you warrant
that it is lawful for you to conduct and participate in the transactions contemplated
in connection with your use of our website in all relevant jurisdictions and that
you hold all relevant licenses.
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(2)
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Set out below is a summary of the steps which you must follow in order to enter
into a legally binding contract with us, your entering into of that contract being
necessary before you may register on our website:
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(a)
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Step 1: Provided that you agree unconditionally to these terms and conditions, you
will be given the opportunity to electronically tick a checkbox, indicating that
you agree to these terms and conditions. You may not register unless you tick that
checkbox.
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(b)
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Step 2: On completing the registration form you may then utilise our website having
regard to the purpose of your registration. For instance if you register as a Silver
Member, you will be able to use the Silver Member functionality of our website but
not the affiliate functionality.
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(c)
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On receipt of your completed registration form, we will send to you notification
by e-mail that your registration has been processed. Once we have sent you that
e-mail confirming we have processed your registration, a legally binding contract
will have been formed between you and us pursuant to these terms and conditions.
However, we reserve the right not to process your registration in our absolute discretion
and accordingly, we will notify you as soon as reasonably practicable by email if
this is the case. Please note that while we will endeavour to send to you a notification
of every completed or rejected registration we receive from you, we cannot guarantee
that the notification we send will be received by you, nor that, if it is received
by you, it is legible and uncorrupted.
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(3)
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You warrant and declare that your registration details are true and accurate at
all times and that you will notify us of any change to your registration details
as originally supplied immediately upon them changing. You can change your registration
details by logging into our website, and accessing your profile and following the
relevant prompts.
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12. Website functionality
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(1)
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It is beyond the scope of this document to detail specifically the functionality
contained on our website.
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(2)
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For full details about how to use our website, please consult our comprehensive
help pages
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13. We are not providing financial services!
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(1)
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The purpose of this website is to facilitate the introduction of consumers with
Financial Planners, Accountant, Bookkeeper, Tax Agent and Mortgage Broker, Lifestyle
Freedom Coaches, advertisers and third parties who list their business details in
our Consultant directory. We are an information portal only, and do not facilitate
or become involved in or provide any financial advice which may be conducted or
provided by or between various registered users of our website. We do not get involved
in any disputes between any users of our website.
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(2)
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In utilising this website, you agree and acknowledge that we are not providing financial
advice, and have no control over the transactions contemplated by you in using the
services made available by our website or supplied by registered users of our website.
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14. Our Fees
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(1)
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Our fees are shown on all invoices and are subject to change without notice.
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(2)
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Apart from our monthly fees, we also charge one off and variable fees as shown on
all invoices.
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(3)
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Payment for fees can only be made via Visa Card or MasterCard.
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(4)
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The fees quoted on our invoices are exclusive of GST with GST added (where applicable)
before the invoice total.
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(5)
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Third parties operate our payment gateways and processes payments made to us. We
do not guarantee the security of those gateways. To the extent possible by law,
we accept no liability for any loss or damage you may suffer from using those gateways,
including, without limitation, for any interception of your credit card details
that may occur by third parties as a result of your use of or registration on this
website or with the third parties. Use of those gateways is subject to the terms
and conditions of those third parties which you may access at www.eway.com.au and
www.nab.com.au and your use of the payment gateways is at your sole
risk.
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(6)
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We do not provide refunds.
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15. Dealings between registered users
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(1)
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Our website puts registered users in contact with other registered users of our
website and other third parties who we contact from time to time; for instance,
it allows Gold Members to receive services direct from registered Financial Planners.
We do not get involved in any financial service provision or advice between registered
users. Before dealing with any registered user, you should ensure you have obtained
all necessary financial and legal advice to ensure the advice provided to you, and
the advisor, is relevant and qualified for your individual circumstances.
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(2)
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Payment between registered users for services rendered is a matter we also do not
get involved in and we are not responsible for payment of any such services or GST
which is payable on the purchase of goods or services from registered users of our
website.
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(3)
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If you consider you have been treated unfairly, you may contact us for assistance
however we generally do not get involved in disputes between our registered users.
You may also seek independent legal advice in such a situation.
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16. Special obligations
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(1)
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You acknowledge that this website is not made available for use involving illegal
or illicit goods or services, sales that are prohibited by applicable laws, sales
of offensive goods (including goods of a defamatory, racist, pornographic or obscene
nature), sale of stolen goods, sale of goods which infringe copyright or other intellectual
property laws, sales of goods which have been illegally imported or sales of goods
which would require illegal import or export in order to complete the transaction.
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(2)
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You acknowledge, agree and warrant that you will not use any data or reports obtained
from this website to breach any law, including without limitation for the purpose
of obtaining financial loans by deception, misleading and deceptive conduct or fraud.
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(3)
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You agree to indemnify us against any liability which we may incur to all or any
third parties arising out of the use of this website by you.
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(4)
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You agree the provision of advice by registered users of this website, or the fact
that we accept registration from any person on our website, does not constitute
a recommendation or endorsement by us of the qualifications of any registered user
or the financial advice they may or may not provide, and each registered user is
solely responsible for any representations he or she or it makes in connection with
his or her or it’s products or services.
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Disclaimer
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17. Disclaimer
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(1)
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TO THE EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR
DAMAGE, HOWEVER CAUSED (INCLUDING, WITHOUT LIMITATION, WHETHER THAT LOSS OR DAMAGE
IS ACTUAL, SPECIAL OR CONSEQUENTIAL OR IS A RESULT OF NEGLIGENCE), WHICH YOU MAY
DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY
LINKED WEBSITE WHETHER OR NOT THAT LOSS OR DAMAGE WAS FORESEEABLE OR DISCLOSED,
NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY SUCH LOSS ARISING OUT OF YOUR USE OF
OR RELIANCE ON INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE (INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION,
OR IN CONNECTION WITH PRODUCT LIABILITY).
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(2)
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TO THE EXTENT PERMITTED BY LAW WE OFFER NO WARRANTIES IN RELATION TO GOODS OR SERVICES
SUPPLIED BETWEEN REGISTERED USERS OF THIS WEBSITE. WE ALSO OFFER NO WARRANTY IN
RELATION TO THE AVAILABILITY OF THE TRANSACTIONS AND SERVICES CONTEMPLATED BY USERS
OF THIS WEBSITE OR THAT REGISTERED USERS OF OUR WEBSITE WILL ACT LAWFULLY OR IN
ACCORDANCE WITH THESE TERMS AND CONDITIONS.
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(3)
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YOU ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION AS
TO THE ABILITY OF ANY REGISTERED USER TO PROVIDE SOUND, RELEVANT OR APPROPRIATE
ADVICE AND YOU RELEASE US AND INDEMNIFY US FROM ALL AND ANY CLAIMS, ACTIONS, COURT
PROCEEDINGS OR SIMILAR WHICH ARE INITIATED AGAINST US AS A RESULT OF ANY NEGLIGENCE
OR OTHER LOSS OR DAMAGE CAUSED TO YOU BY A REGISTERED USER OF OUR WEBSITE.
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TO THE EXTENT PERMITTED BY LAW, ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE
BE IMPLIED INTO THESE TERMS AND CONDITIONS IS HEREBY EXCLUDED. WHERE LEGISLATION
IMPLIES ANY CONDITION OR WARRANTY, AND THAT LEGISLATION PROHIBITS US FROM EXCLUDING
OR MODIFYING THE APPLICATION OF, OR OUR LIABILITY UNDER, ANY SUCH CONDITION OR WARRANTY,
THAT CONDITION OR WARRANTY WILL BE DEEMED INCLUDED BUT OUR LIABILITY WILL BE LIMITED
FOR A BREACH OF THAT CONDITION OR WARRANTY TO ONE OF THE FOLLOWING: (A) IF THE BREACH
RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS,
(II) THE REPAIR OF SUCH GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS
OR OF ACQUIRING EQUIVALENT GOODS OR (IV) THE PAYMENT OF THE COST OF HAVING THE GOODS
REPAIRED; AND (B) IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLYING OF THE SERVICES
AGAIN OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
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18. Exception to disclaimer
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(1)
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THESE TERMS AND CONDITIONS DO NOT ATTEMPT OR PURPORT TO EXCLUDE LIABILITY ARISING
UNDER STATUTE IF, AND TO THE EXTENT, SUCH LIABILITY CANNOT BE LAWFULLY EXCLUDED.
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19. Liability and indemnity
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(1)
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YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW WE WILL BE UNDER NO LIABILITY TO YOU
IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS
OR DAMAGE) WHICH MAY BE SUFFERED OR INCURRED BY YOU OR WHICH MAY ARISE DIRECTLY
OR INDIRECTLY IN RESPECT OF GOODS OR SERVICES SUPPLIED OR NOT SUPPLIED BY US OR
ANY REGISTERED USER OF OUR WEBSITE OR IN RESPECT OF A FAILURE OR OMISSION ON THE
PART OF ANY PARTY TO ADHERE TO THESE TERMS AND CONDITIONS.
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(2)
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YOU RELEASE AND INDEMNIFY US FROM ALL ACTIONS, CLAIMS AND DEMANDS (INCLUDING THE
COST OF DEFENDING OR SETTLING ANY ACTION, CLAIM OR DEMAND) WHICH MAY BE INSTITUTED
AGAINST US ARISING OUT OF A FAILURE BY US TO COMPLY WITH THESE TERMS AND CONDITIONS
OR A FAILURE BY ANY PARTY TO MEET ANY LEGAL REQUIREMENTS.
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(3)
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YOU ALSO RELEASE AND INDEMNIFY US FROM ALL ACTIONS, CLAIMS AND DEMANDS (INCLUDING
THE COSTS OF DEFENDING OR SETTLING ANY ACTION, CLAIM OR DEMAND) WHICH MAY BE INSTITUTED
AGAINST US ARISING OUT OF ANY ACT OR OMISSION ON YOUR PART, INCLUDING BUT NOT LIMITED
TO A FAILURE BY YOU TO COMPLY WITH YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
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20. General warnings
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(1)
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You must ensure that your access to this website is not illegal or prohibited by
laws which apply to you.
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(2)
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Your use of our website and entry into transactions with registered users and third
parties is at your sole risk.
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(3)
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You must take your own precautions to ensure that the process which you employ for
accessing this website does not expose you to risk of viruses or other form of interference
which may damage your computer system. For the removal of doubt, we do not accept
responsibility for any interference or damage to your computer system which arises
in connection with your accessing of this website or any linked website.
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(4)
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Whilst we have no reason to believe that any information contained on this website
is inaccurate, we do not warrant the accuracy, adequacy or completeness of such
information, nor do we undertake to keep this website updated. We do not accept
responsibility for loss suffered as a result of reliance by you upon the accuracy
or currency of information contained on this website.
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(5)
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Responsibility for the content of advertisements appearing on this website (including
hyperlinks to advertisers' own websites) rests solely with the advertisers and the
placement of such advertisements does not constitute a recommendation or endorsement
by us of the advertisers' products or services and each advertiser is solely responsible
for any representations made in connection with its advertisements.
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(6)
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We do not warrant that our website will be available at all times or at any specific
times.
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(7)
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You acknowledge that we do not have any involvement in the financial planning services
provided by registered users of our website. We are a website proprietor only. We
do not represent any registered users of our website. Unless expressly stated to
the contrary, we do not endorse or have an interest in the goods or services which
are supplied by or between registered users of our website and we do not accept
responsibility in the event that a transaction is not completed, or as a result
of advice not supplied or advice negligently supplied, due to an act or omission
on the part of any registered users.
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(8)
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To the extent possible by law, we accept no responsibility for defective goods or
services or negligently supplied goods or services supplied by registered users
of our website, or by us on this website including the failure of any services to
correspond with the descriptions or samples of the goods or services or the failure
of any goods or services to be of merchantable quality. For instance, we do not
guarantee that the software tools utilised or supplied via this website which enable
financial budgeting or reporting of financial data are fully functional and without
defects or errors.
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(9)
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We have no control over the availability, quality, relevance, appropriateness and
scope of goods and services supplied by or between registered users of our website,
and we do not warrant the truth or accuracy of any representations made by or between
registered users. We have no control over representations made by registered users
of our website to each other.
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(10)
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We are not responsible in the event a service is not supplied due to technical difficulties
affecting our website.
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(11)
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We do not undertake to retain listings or to retain records of specific transactions.
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(12)
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We are not responsible for ensuring that warranty obligations are honoured.
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(13)
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There is no contract for the supply of financial services between you and us. In
the event that financial goods or services are supplied between registered users
of our website, we recommend you first ascertain the costs and parameters regulating
the business relationship that will be formed between you and the supplier of the
goods or services, and obtain relevant advice prior to proceeding with any transaction.
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(14)
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If you have any doubts about the ability of a registered user of our website to
discharge its obligations in any regard, including without limitation to provide
you with financial advice, it is your responsibility to make all necessary enquiries
in advance and to take any steps which you consider to be appropriate in the circumstances.
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(15)
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We do not act as agent for any party. We are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by these terms and conditions.
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(16)
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You acknowledge that a failure to comply with these terms and conditions entitles
us to terminate your registered user status. We may determine at our discretion
whether such a failure has occurred.
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21. Copyright
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(1)
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Copyright in this website (including without limitation text, graphics, logos, icons,
sound recordings, video recordings, source code and object code and all software)
is owned or licensed by us. Other than for the purposes of, and subject to the conditions
prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised
by these terms and conditions, you may not in any form or by any means:
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- adapt, reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this
website, without our written permission.
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(2)
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In consideration of agreeing to your use of this website, you acknowledge that the
ownership in all and any intellectual property rights in this website belongs to
us. Accordingly, any part of this website (and its source and object code) may not
be used, transferred, copied or reproduced in whole or in part in any manner other
than for the purposes of utilising this website, meaning that you may only display
it on your computer screen and print it out on your printer for the sole purpose
of viewing its content.
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22. Trademarks
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(1)
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Except where otherwise specified, any word or device to which is attached the ™
or ® symbol is a registered trade mark.
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(2)
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You must not use any of our trade marks:
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- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including
this website); or
- in any other manner,
without our prior written consent.
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23. Restricted use
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(1)
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Unless we agree otherwise in writing, you are provided with access to this website
only for your personal and direct commercial use but you are not permitted to resell
any content of this website or any of the services provided on or via this website.
You are authorised to print a copy of any information contained on this website
for your personal and commercial use only subject again to you not reselling any
such printed information. Without limiting the foregoing, you may not without our
written permission on-sell any information obtained from this website nor may you
resell access to this website in any circumstances.
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24. Hyperlinking and linked websites
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(1)
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This website may contain links to other websites (“linked websites”). Those links
are provided for convenience only and may not remain current or be maintained.
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(2)
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We are not responsible for the content or privacy practices associated with linked
websites.
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(3)
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Our links to or from linked websites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those linked websites,
or of any information, graphics, materials, products or services referred to or
contained on those linked websites, unless and to the extent stipulated to the contrary.
Furthermore, we do not make any warranties, representations or undertakings about
the content of any other website which may be referred to or accessed by hypertext
link with this website.
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(4)
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You may not link this website to any other website without our prior written consent.
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25. Security of information
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(1)
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Unfortunately, no data transmission over the Internet can be guaranteed as totally
secure. Whilst we strive to protect such information, we do not warrant and cannot
ensure the security of any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own risk.
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(2)
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Nevertheless, once we receive your data transmissions, we will take reasonable steps
to preserve the security of such data.
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(3)
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Once you log in to our website using your username and password we encrypt data
you transmit to and from our website using at least 256-bit encryption/secure socket
layer (SSL) technology.
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(4)
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The data you submit to our website is held on our database stored on a computer
server in a data centre owned and operated by a third party. We understand the key
features used by the data centre include:
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(a)
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door access controls at main site and building entrances;
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(b)
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proximity activation cards to authorise access levels;
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(c)
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movement logs on all proximity card usage;
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(d)
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internal and external CCTV cameras and digital image archiving;
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(e)
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internal and external intruder detection devices;
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(f)
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vehicle entrance barriers and secure loading bays;
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(g)
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strict policies on handling customers’ postal packages;
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(h)
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security systems linked to central building management security; and
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(i)
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24x7 monitoring by dedicated security teams.
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(5)
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To minimise breaches of your security, we also:
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(a)
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require you to choose passwords as a combination of alphabetical and numerical characters
and to be a minimum length of 6 characters;
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(b)
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encrypt your passwords on our database; and
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(c)
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store your credit card details you submit to us in encrypted form in our database.
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(6)
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If you provide a registered user of our website or another website (such as a financial
planner) with your financial information or personal information or other sensitive
information you do so at your own risk.
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(7)
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Please note as a security precaution we will never ask you to, and you must never
provide us with, your access codes or passwords to your bank accounts held with
any of your financial institutions. To minimise risk of breach of security, you
should not provide any such access codes or passwords to anyone
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26. Termination of access
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(1)
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Access to this website may be terminated at any time by us without notice. These
terms and conditions will nevertheless survive any such termination.
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(2)
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Without limiting our rights, you understand that if we reasonably suspect, discover
or are notified you are utilising this website for fraudulent or illegal purposes
or in breach of these terms and conditions, we may terminate your access to this
website without warning.
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27. Commission
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(1)
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We may pay a commission to Financial Planning Dealer Groups where they promote the
use of Lifestyle Planner to their Financial Planners and respective Clients. This
commission is calculated as a percentage of the monthly subscription fees paid by
Platinum Members on an ongoing basis. The Commission percentage is a negotiated
amount and does not affect the cost of subscription for Platinum Members.
We may also pay a commission to registered Affiliates who refer users to the Lifestyle
Planner website and the referred user joins by successfully registering as a Gold
Member using the Affiliate Code provided to them. The Commission Percentage will
be 10% of the monthly membership subscription paid on an ongoing basis by the referred
user as long as they remain Gold Members.
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(2)
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We may receive a commissions when a user who enquires about finance by clicking
the "Find a Mortgage Broker" button under the Loan Assistance tab which directs
them to www.brokersource.com.au.
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28. Governing law
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(1)
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These terms and conditions are governed by the laws in force in New South Wales.
You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
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29. Dispute resolution
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(1)
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Any dispute arising in connection with these terms and conditions or your use of
the website which cannot be settled by negotiation between us or our representatives
must be submitted to arbitration in accordance with the Rules for the Conduct of
Commercial Arbitrations (or such equivalent rules) for the time being of the Institute
of Arbitrators & Mediators Australia.
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(2)
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The Arbitration shall occur in New South Wales and during such arbitration, both
of us or one of us may be legally represented.
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(3)
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The Arbitrator’s fee will be shared equally by us.
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(4)
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Other than in relation to urgent equitable relief, you may not commence court proceedings
against us unless this clause 29 has been complied with. For the avoidance of doubt,
court proceedings may only be commenced in New South Wales and we do not, by these
terms and conditions, submit to the jurisdiction of any other courts.
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30. General
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(1)
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We accept no liability for any failure to comply with these terms and conditions
where such failure is due to circumstances beyond our reasonable control.
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(2)
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If we waive any rights available to us under these terms and conditions on one occasion,
this does not mean that those rights will automatically be waived on any other occasion.
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(3)
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If any of these terms and conditions are held to be invalid, unenforceable or illegal
for any reason, the remaining terms and conditions shall nevertheless continue in
full force.
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31. Our policy on content you upload or otherwise publish to this website
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(1)
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There are some situations where we cannot accept or publish data or information
you transmit to our website. You will ensure that your responses to any questions
we ask you on or in relation to this website (whether through registration or otherwise)
are not misleading or inaccurate, and accordingly you acknowledge that we are reliant
upon you to respond accurately in all respects.
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(2)
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You agree not to post or transfer to our website (nor include in any message) any
material which is obscene, misleading, inaccurate, defamatory, illegal, in breach
of any copyright or other intellectual property right, or damaging to data, software
or the performance of our or any other parties’ computer system. You agree to indemnify
us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred
as a result of a breach of your obligation under this condition 31(2), including,
but not limited to, any claims made against us by any third parties.
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(3)
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We may collate the information which you give to us in the registration form, and
when you use this website in order to facilitate the transactions contemplated in
these terms and conditions and in relation to your use of our website.
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32. Acceptable Use Policy
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(1)
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Without limiting the foregoing, use of our website directly or indirectly for any
of the following purposes is strictly prohibited:
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- Violation of all or any legal rights of any person or company or other entity in
any jurisdiction is strictly prohibited (including, but not limited to, laws relating
to crimes such as theft and fraud, and laws relating to the protection of copyright,
trade secrets, patents or other intellectual property and laws relating to spam
and/or privacy);
- Unauthorized copying of copyrighted material including, but not limited to, digitization
and distribution of photographs from magazines, books or other copyrighted sources,
copyrighted music or video and the installation of any copyrighted software for
which you do not have an active license is strictly prohibited;
- Exporting software, technical information, encryption software or technology, in
violation of domestic export control laws, is strictly prohibited;
- Introduction of malicious programs into any of our networks or servers (e.g., viruses,
worms, Trojan horses, e-mail bombs) is strictly prohibited;
- Revealing your account password to others or allowing use of your account on our
website by others is strictly prohibited;
- Using another person’s name, username or password or otherwise attempting to bid
or sell goods and services on behalf of another person, or using the registration
details of any other person is strictly prohibited;
- Using our website to actively engage in procuring or transmitting material that
is in violation of sexual harassment or workplace relations laws is strictly prohibited;
- Making fraudulent offers of goods or services is strictly prohibited;
- Effecting security breaches or disruptions of network communication is strictly
prohibited. Security breaches include, but are not limited to, accessing data of
which you are not an intended recipient or logging into a server or account that
you are not expressly authorized to access or corrupting any data. For the purposes
of this paragraph, "disruption" includes, but is not limited to, network
sniffing, pinged floods, packet spoofing, denial of service, and forged routing
information for malicious purposes;
- Executing any form of network monitoring which will intercept data not intended
for you is strictly prohibited;
- Circumventing user authentication or security of any part of our website is strictly
prohibited;
- Interfering with or denying service to anyone is strictly prohibited;
- Using any program/script/command, or sending messages of any kind, with the intent
to interfere with, or disable, any persons' access to this website, via any means,
locally or via the Internet, is strictly prohibited;
- Sending unsolicited email messages in breach of the Spam Act 2003 is strictly
prohibited;
- Any form of harassment via email, or any other form of messaging, whether through
language, frequency, or size of messages is strictly prohibited;
- Solicitation of email for any email address, with the intent to harass or to collect
replies is strictly prohibited;
- Creating or forwarding "chain letters", "Ponzi" or other "pyramid"
schemes of any type is strictly prohibited;
- Use of our website in breach of any persons privacy (such as by way of identity
theft or "phishing") is strictly prohibited.
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33. Force majeure
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(1)
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Force Majeure means a circumstance beyond our reasonable control which results in
us being unable to observe or perform on time any of our obligations. Such circumstances
shall include but shall not be limited to:
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(a)
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acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests,
mud slides, washaways, explosions, fires and any natural disaster;
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(b)
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acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious
damage, sabotage and revolution; and
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(c)
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technical failure, coding errors, failure of web servers or payment gateways or
other technical glitches, errors, defects, or matters that render the website inaccessible,
unusable or performing in a manner which we do not intend it to perform.
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(2)
|
We shall not be liable for any delay or failure to perform our obligations under
these terms and conditions or otherwise if such delay is due to Force Majeure.
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(3)
|
If a delay or failure by us to perform our obligations is caused or anticipated
due to Force Majeure, the performance of our obligations will be suspended.
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(4)
|
If a delay or failure by us to perform our obligations due to Force Majeure exceeds
sixty (60) days, we may immediately terminate your use of the website.
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(5)
|
If these terms and conditions are terminated pursuant to subclause 4, we will be
under no obligation to refund moneys previously paid by you to us pursuant to these
terms and conditions.
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34. Complaints
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(1)
|
We aim to provide you with a quality service. If, however, you feel that you have
cause to complain, you can contact us at the address given above. We will try to
do our best to solve any problems that arise.
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Privacy Policy
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35. Privacy policy
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(1)
|
We may collect website users' contact information (like their e-mail addresses).
Unless you object, this information may be used:
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- to send news, information about our activities and general promotional material
which we believe may be useful to you;
- to monitor who is accessing the website or using services offered on the website;
and
- to profile the type of people accessing the website.
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(2)
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We also provide registered Platinum Members’ personal information to registered
Financial Planners, Accountant, Bookkeeper, Tax Agent and Mortgage Broker and Gold
Members’ personal information to registered Lifestyle Freedom Coaches. By registering
as a Platinum or Gold Member, you consent to the provision of your personal information
to registered Financial Planners and Lifestyle Freedom Coaches, Accountant, Bookkeeper,
Tax Agent and Mortgage Broker respectively, who have full access to that Members’
personal information (when the Financial Planners/Lifestyle Freedom Coaches/Accountant,
Bookkeeper, Tax Agent and Mortgage Broker enter into an agreement with that Member).
This includes name, address, contact details and all financial data entered, etc
by the Platinum/Gold Member into our website.
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(3)
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If you do not wish to have your personal information used in this manner or for
any other specific purpose, you can e-mail us accordingly.
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(4)
|
We may utilise “cookies” which enable us to monitor traffic patterns and to serve
you more efficiently if you revisit the site. A cookie does not identify you personally
but it does identify your computer. You can set your browser to notify you when
you receive a cookie and this will provide you with an opportunity to either accept
or reject it in each instance.
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(5)
|
We will not sell or otherwise provide your personal information to a third party,
or make any other use of your personal information, for any purpose which is not
incidental to your use of this website.
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(6)
|
If you request us not to use personal information in a particular manner or at all,
we will adopt all reasonable measures to observe your request but we may still use
or disclose that information if:
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|
(a)
|
we subsequently notify you of the intended use or disclosure and you do not object
to that use or disclosure;
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(b)
|
we believe that the use or disclosure is reasonably necessary to assist a law enforcement
agency or an agency responsible for government or public security in the performance
of their functions; or
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(c)
|
we are required by law to disclose the information.
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(7)
|
We will preserve the content of any e-mail you send us if we believe we have the
legal requirement to do so.
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(8)
|
Personal information which we collect may be aggregated for analysis but in such
circumstances we would ensure that individuals would remain anonymous.
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(9)
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All personal information which we collect (including your contact details and, if
relevant, credit card details) is kept confidential to the best of our ability.
You will appreciate, however, that we cannot guarantee security and we do not accept
any liability for security breaches.
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(10)
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We consider it is the responsibility of parents to monitor their children's use
of our website. In any event persons under the age of 14 years are not permitted
to become registered users of this website, and any person under the age of 18 but
over the age of 14 must only use this website under the supervision of a parent/guardian.
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(11)
|
You are entitled to have access to any personal information relating to you which
you have previously supplied to us over this website. You are entitled to edit or
delete such information unless we are required by law to retain it.
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(12)
|
If you wish to comment on or query our privacy policy, or if you wish to make an
inquiry regarding any personal information relating to you which may be in our possession,
please contact us.
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36. Our rights
|
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(1)
|
Nothing in these terms and conditions purports to limit or derogate from our legal
rights.
|
|
(2)
|
We hereby expressly reserve all of our rights.
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To continue as a registered user of the website
If you agree to be bound by the above terms and conditions and you wish to become
a registered user of our website please click on the checkbox below. If you do not
agree, you must immediately cease all further use of this website.
To continue as a browser of the website
If you agree to be bound by the above terms and conditions and you wish to browse
our website (but not become a registered user of our website) you may do so. If
you do not agree, you must immediately cease all further use of this website.
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