MYFIN GRAPH

TERMS & CONDITIONS

1. REFERENCES

 In these terms of use: 
(1) “We”, “us” or “our” refers to Myfingraph Pty Ltd (ABN 0478476004;

(2) “Website” refers to this website www.myfingraph.com.au, including any App, mobile App and all other sites relating to our business (including  landing pages and various other domains and sub-domains); and

(3) “You” or “your” refers to you, being the user of the Website.

2. GENERAL

2.1 Ownership of Website

We are the owner of the Website. 

2.2 Entire agreement

These are the terms and conditions which govern your use of the Website. In addition to these website terms of use, the following additional terms  are also applicable:


(1) Privacy Policy; https://www.myfingraph.com.au/privacy-policy

(2) If you sign up, or become a fee-paying subscriber/user, then the “Subscription Agreement” which will be available for viewing as part of the  signing up process; and

(3) Any other terms and conditions we provide to you, or publish within our Website from time to time.

2.3 Changes

You should check these terms of use every time you visit the Website as we may make changes to it from time to time without letting you know.

3. AUTHORITY

You warrant that:

(1) Your use of the Website creates legal binding obligations for any liability you may incur as a result of using the Website; 


(2) The information you supply via the Website will be accurate and not misleading, deceptive or likely to be misled or deceive; and


(3) If you are less than 18 years of age, then you have the consent of your parent or guardian to use the Website

4. DISCLAIMERS

(1) We provide educational material, information and data in relation to property investments and other related topics and are of a general nature only. In that regard, you:

(a) Agree that we will not be liable for any loss or damage suffered by you as a result of your reliance on such material and information, including where errors or omissions have   unfortunately been made; and

(b) Must not make a claim (of any nature whatsoever) against we in relation to any such loss or damage.

(2) For the avoidance of any doubt, no material contained within the Website constitutes professional investment, taxation, financial or legal advice and in that respect, you must engage your own professional advisers in connection with anything referred to or contained within the Website. 

(3) We may, from time to time, recommend certain professional service providers to you or on our Website (which you may, or may not, choose to engage). For the avoidance of any doubt:

(a) We do not endorse or guarantee the quality of such services provided by third party professionals; 

(b) You cannot make any claim (of any nature) against us, and discharge us from and against any liability or loss, incurred or suffered by you as a result of your engagement with the third   party professional; and

(c) The service provider may provide return referrals, incentives, commissions and or other benefits to us as per any terms agreed between us and the third party professional. 

(4) Despite anything else contained in these terms of use and to the maximum extent permitted by law, we is not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future, contingent or consequential (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) (Liability) suffered by you or any third party, arising from or in connection with your use of the Website, the provision of the services we provide and/or the content and/or any inaccessibility of, breakdown, compromise of or interruption to or outage of the Website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date. 

(5) To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any Liability on us are expressly excluded.

(6) To the full extent permitted by law, our liability for breach of warranty or condition will not be greater than the amount you paid to access the Website or $1.00 (whichever is higher).

5. COPYRIGHT AND INTELLECTUAL PROPERTY

(1) Unless otherwise expressly stated, we are the absolute owner of all intellectual property and contents of the Website (including all photographs, images, graphics, trademarks, video, audio, text and other items) and are protected by Australian copyright laws and other intellectual property laws.
 

(2) Unless otherwise expressly allowed in these terms and conditions, you must not copy, reproduce, modify, distribute, publish, display, transmit or create any derivative works from any part of the Website without our consent. 

(3) You may make a single electronic copy or print a single copy of information contained within the Website for your personal use.

(4) The licence to access and use the information on the Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror the Website without our prior written consent. We reserve the right to serve you with notice if we become aware of your meta-tagging or mirroring of the Website.

(5) Any comment, feedback, idea or suggestion (Comments) which you provide to us through, or in connection with, the Website and/or the use of the Services becomes our property. If in future we use the Comments in promoting the Website, the Services or in any other way, we will not be held liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use the Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted the Comments.

6. NO COMMERCIAL USE

(1) The Website is for your personal, non-commercial use only. You are permitted to display, copy, distribute, download and print in hard copy portions of the Website but only for the purposes of:
(a) Obtaining information from us; or

(b) Information sourced for your own personal purposes. 
   

(2) You must not use our Site, or any of the content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

7. LINKED WEBSITES

(1) We make no representation about any website or content accessed through a link on the Website. The fact that the Website contains links to other websites does not constitute any                    endorsement by us of that website or the products and services being offered through that website. 

(2) You agree that we will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by us.

8. ERRORS WITHIN WEBSITE

The Website displays a wide variety of information. Although we use our reasonable endeavors to ensure that the information on the Website Site is correct, there may be times where errors or omissions have unfortunately been made and therefore we do not warrant that the Website will be error-free. In that regard: 

(1) We reserve its right to correct any such errors or omissions without any claim being made against it; and

(2) You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through  the Website is at your sole risk and we will  not be responsible or liable for any loss or damage that results from the use of the information on the  Website.

9. RESTRICTIONS

You must not do any of the following things that are listed below at any time:

(1) Copy any ideas, functions, features or graphics, or otherwise derived, from the Website and/or the Services for any purpose, including but not limited to development of a similar service.

(2) Duplicate our content or other materials or otherwise translate, adapt or create derivative works, in whole or in part.

(3) Tamper with or attempt to bypass functionality that operates to enforce these terms of use.

(4) Use, post, transmit or introduce any software, routine or device that interferes or attempts to interfere with the operation, integrity or performance of the Website and/or the Services, or  attempts to gain unauthorised access to the Services, our systems or third-party data.

(5) Use the Website or the Services to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or  intellectual property rights.

(6) Claim any sponsorship, affiliation or endorsement by us (other than where we have expressly in writing agreed for you to do so).

(7) Act in a manner that is abusive to our employees, contractors, other agents or partners. 

10. INDEMNITY

By accessing the Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website.

11. GENERAL PROVISIONS

(1) No delay or failure by us to enforce our rights or to do anything is to be taken as a waiver of that right. A waiver can only be undertaken where our authorised representative signs any such waiver.

(2) These terms and conditions and your use of the Website are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

(3) We may at any time, assign any of our rights or transfer by novation any of our rights and obligations under these terms and conditions to any person or persons without your consent. You cannot assign or transfer your obligations under these terms and conditions without our prior written consent.

(4) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms or any part of it.

12. PROBLEM OR QUESTIONS

If you become aware of any ongoing concerns or problems with our Website, please contact us immediately as we take these issues seriously and will work with you to reasonably address these concerns.