Terms and Conditions
Set out below are the terms and conditions for the Finance and Coffee website and the basis upon which services are provided to you by Finance and Coffee Group Pty Ltd. By accessing, creating an account with the website or our Facebook group, you agree to these terms and conditions. If you do not wish to agree to these Terms and Conditions, you must not access, create an account with or otherwise use this website or our associated Facebook Group.
1. Background
1.1 This website, www.financeandcoffee.com.au (Website) and our associated Finance and Coffee Facebook group located at www.facebook.com.au/groups/financeandcoffee (FacebookGroup), is owned and operated by Finance and Coffee Group Pty Ltd (A.C.N. 621 775 719) (Finance and Coffee, us or we).
1.2 By accessing or using the Website you agree to be bound by the terms and conditions set out below (Terms and Conditions) and the Privacy Policy located at www.facebook.com.au/groups/financeandcoffee, which shall take effect immediately on your first use of the Website.
1.3 Please read these Terms and Conditions carefully as they contain important information about your rights and obligations.
1.4 If you do not wish to be bound by the Terms and Conditions, then do not use the Website or join our Facebook Group.
1.5 We reserve the right to amend the Terms and Conditions from time to time in our sole discretion, so you should check them regularly. By using the Website or accessing our Facebook Group at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms and Conditions in use. If you do not agree to the current Terms and Conditions in use, then do not use the Website or our Facebook Group.
1.6 If you do not understand any of the Terms and Conditions, or you have any questions, please contact us at info@financeandcoffee.com.au
2. Creating an Account and Obligations of Account Holders
2.1 In order to access the Website, which also enables you to join the Facebook Group, you must create an account (Account) and become a member of our Website. As part of the registration process, and as part of your continued use of the Website, you will be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
· your name;
· an email address;
· your state;
· business name or company;
· your aggregator;
· your industry body; and
· your credit card and billing address details.
2.2 You warrant that any information you provide to us in the course of completing the registration process will always be accurate, correct and kept up-to-date.
2.3 Once you have completed the registration process, you will be an Account Holder of the Website (Account Holder) and warrant that you have read, understood and agreed to be bound by these Terms and Conditions, as amended from time to time.
2.4 Information may also be requested by Finance and Coffee if a complaint is made against you or another Account Holder or in the case of request from regulatory or legal bodies.
2.5 If you fail to provide information that has been requested by us, your Account may be made inactive and your profile removed from the Website until the requested information is provided.
2.6 You may not become an Account Holder and may not accept the Terms and Conditions if:
- you are under the age of 18 or lack capacity to form a binding contract with us or another party; or
- you are a person barred from providing or receiving our services under the laws of Australia or the laws of other relevant countries including the country in which you are resident or from which you use the Website.
2.7 Where an Account created by an Account Holder contains false or misleading information or an Account Holder is found to otherwise breach these Terms and Conditions, that Account may be cancelled, and the Account Holder barred from using the Website and Facebook Group in the future.
2.8 As an Account Holder, you will select a username and password. The username and password are personal to the Account Holder, are not transferable and must be kept in a secure and confidential manner. Account Holders are responsible for all information posted on or transmitted by anyone using their username and password and any payments due for services acquired through the system by anyone using their username and password. Account Holders must immediately notify us if there has been any breach of security or misuse of their username or password.
3 Our Membership Fees
3.1 In order to access our Website, you must pay a monthly membership fee, $5 per month for brokers (Membership Fee). For non-brokers, please contact admin. Membership Fees are compulsory. Unless otherwise stated, all Membership Fees and other charges quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (GST).
3.2 Membership Fees are charged on a monthly basis and are non-refundable.
3.3 We reserve the right to change or alter our Membership Fees for any reason without notice to You, unless You have already paid the stipulated Fees for a particular subscription period, in which case Your Fees will remain fixed until the subscription period has concluded.
3.4 Should you wish to cancel your monthly subscription please contact us at info@financeandcoffee.com.au.
3.5 You acknowledge and agree that any payment must be cleared by us to our satisfaction before access will be granted to the Website or Facebook Group.
3.6 In ordering, paying or attempting to pay our Membership Fees, You agree that You have not engaged in any fraudulent conduct or contravened any law.
4 Free Trial Periods and Discounts
4.1 We may run temporary promotions and offer discounts. Such promotions and discounts may be subject to additional terms and conditions.
4.2 All times and dates specified in promotions are deemed to be the local time in Melbourne, Australia, unless otherwise stated.
4.3 Finance and Coffee is a subscription platform for licenced mortgage brokers, service providers and third parties. We may at our sole discretion waive the subscription membership altogether or for a specified period of time for individual users ("free trial period")
5 Prohibited use of the Website and Facebook Group
5.1 When using our Website and by joining our Facebook Group, you will be given the opportunity to network and interact with other mortgage brokers. Before using our communication tools in order to post questions within our community you are reminded to:
· consult previous posts to avoid duplication;
· only post responses which are honest and are not misleading;
· refrain from submitting posts which are defamatory or breach the privacy of third parties.
· You must use the Website and Facebook Group only for purposes that are permitted by:
· these Terms and Conditions;
· any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2 You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or their services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of their resources to others.
5.3 We cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Finance and Coffee entirely of all responsibility of any consequences of their use.
5.4 The Website and their content are provided to you on “as is” basis; the Website may contain errors, faults and inaccuracies and may not be complete and current.
5.5 You must not:
· use the Website or Facebook Group for any activities, or post or transmit to or via the Website or Facebook Group any information or materials which:
- breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
- interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Website
- is obscene, indecent, discriminatory, defamatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
- advertises your business or services or seeks to promote your business;
· use the Website or Facebook Group to send unsolicited commercial or bulk electronic messages;
· make any fraudulent or speculative enquiries, reservations or requests using the Website or Facebook Group;
· provide false information when using our communication tools, communicating with others within the Facebook Group or registering or changing your registration details;
· tamper with, hinder the operation of or make unauthorised modifications to the Website;
· knowingly transmit any virus or other disabling feature to or via the Website;
· submit a post to the Facebook Group under the heading “Humans of Finance”, “Facebook Live” or Saturday Reflections”; or
· attempt any of the above acts or permit another person to do any of the above acts.
5.6 Notwithstanding the above, Facebook Group members are permitted to post job advertisements to members of the Facebook Group. If posting a job advertisement, salary details must be specified. Failure to comply with this rule may result in your advertisement being deleted.
6 Intellectual Property Rights
6.1 The Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
6.2 You acknowledge and agree that Finance and Coffee owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
6.3 You may not:
· modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
· decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
6.4 Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer's cache and a single copy for your own personal use, any of the Website’ content (including any substantial part of them) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
6.5 If you correspond or otherwise communicate with Finance and Coffee, you automatically grant to Finance and Coffee an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
7 Third party Website
7.1 The Website may contain links to other web sites controlled by third parties (Third Party Website).
7.2 Finance and Coffee is not responsible for the content or privacy practices of Third Party Website.
7.3 The links to Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by Finance and Coffee of the third party or the products or services provided by the third party or any affiliation between Finance and Coffee and the third party. Finance and Coffee may receive a benefit by way of commissions or referral fee from your uptake products or services acquired from Third Party Websites.
7.4 You access those sites and/or use those site’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third-Party Website.
8 Use of Cookies
8.1 Cookies are small pieces of information that your browser stores on your computer hard drive. Finance and Coffee uses Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services it offers. Our cookies do not contain any personal identifiable information.
8.2 If you disable Cookies on your web browser, you may not be able to fully experience all features of the Website.
9 Accuracy of communications
9.1 You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.
9.2 If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
9.3 To the fullest extent permitted by any applicable laws, Finance and Coffee hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.
10 Availability, withdrawal and suspension of service
10.1 Whilst Finance and Coffee endeavours to provide continuous access to the Website, Finance and Coffee does not warrant that your access will be safe, uninterrupted, timely, secure or error free.
10.2 Finance and Coffee may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
· if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
· if you breach any part of these Terms and Conditions; or
· if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
11 Warranties, Liabilities and Indemnities
11.1 Your Warranties
You warrant that:
· You have read and understood the Terms and Conditions and agree to comply with them at all times;
· You have not been induced to agree to the Terms and Conditions by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Terms and Conditions;
· You have been given the opportunity to take legal advice on these Terms and Conditions;
· You have the power and authority to perform any obligations imposed on You by the Terms and Conditions and have taken all necessary action in order to authorise Your agreement to these Terms and Conditions;
· You have complied with all laws; and
· You have obtained all third party approvals necessary for You to perform Your obligations under the Terms and Conditions.
12 Exclusion and limitation of liability
12.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
12.2 Finance and Coffee and its directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of the Website or the information, content or material included or services described on the Website, except as otherwise provided under applicable laws.
12.3 Subject to any rights you have under any consumer protection law, Finance and Coffee excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
12.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Finance and Coffee’ liability will be limited to that provided by law.
12.5 To the maximum extent permitted by applicable law, neither Finance and Coffee, nor its directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
· the Website or the Facebook Group;
· your use of the Website or Facebook Group and any sites linked to the Website or Facebook Group;
· any information obtained through the Website or Facebook Group;
· services supplied to you following your use of the Website or Facebook Group;
· reliance on or failure to act, on any information or service contained on or accessed through the Website or Facebook Group;
· a withdrawal or suspension of availability of services;
· errors, mistakes, inaccuracies or omissions on the Website or posted to the Facebook Group;
· personal injury or property damage of any nature resulting from your access to or use of the Website or Facebook Group;
· any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
· any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
· the quality of any product or service of any linked sites; or
· an inability to use or access the Website or Facebook Group or with any delay in using the Website or Facebook Group including, but not limited to, any interruptions to or cessation of access to the Website or Facebook Group,in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
12.6 Finance and Coffee’ liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
12.7 Without limiting the the foregoing, to the extent permitted by law, Finance and Coffee limits its liability in respect of any claim to the supply of the Website Services again.
12.8 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Finance and Coffee and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions.
13 Indemnities
13.1 You indemnify us and our directors, employees, contractors and agents and shall keep us and them indemnified agains all actions, costs, charges, claims and demands in respect of:
· any breach of the Terms and Conditions by You without limitation the enforcement or the attempted enforcement of the Terms and Conditions;
· any act or omission by you.
14 Termination
14.1 You may stop using the Website at any time for any reason. Should you wish to cancel your monthly subscription please contact us at info@financeandcoffee.com.au
14.2 Finance and Coffee may suspend or limit your access to the Website or Facebook Group in its absolute discretion without notice or liability to you for any reason.
14.3 Finance and Coffee reserves the right to, at its discretion, terminate these Terms and Conditions or your access to and use of the Website or Facebook Group at any time.
14.4 The obligations contained in clauses 1 to 13 survive termination or expiry of these Terms and Conditions and the exclusions and limitations of liability made by Finance and Coffee in these Terms and Conditions will survive termination or suspension of your access to the Website.
15 General
15.1 Finance and Coffee may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website.
15.2 Finance and Coffee may give notice to you by electronic mail. You may give notice to Finance and Coffee by electronic mail to info@financeandcoffee.com.au.
15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
15.4 A failure or delay by Finance and Coffee to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by Finance and Coffee does not preclude its future exercise or the exercise of any power or right by or on behalf of Finance and Coffee.
15.5 Your use of the Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
15.6 The Website may be accessed throughout Australia and overseas. Finance and Coffee makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this 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 this Website.
15.7 You may not assign or purport to assign any of your rights under these Terms and
15.8 The Terms and Conditions form the entire agreement of the parties in respect of the matters dealt with in it and supersedes all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.
