Terms of Use

1. Governing document

1.1 The terms of this document govern the relationship between the licensee (you) and:

(a) the Licensor; and

(b) the Licensor’s credit representative, being Glass Financial Australia Pty Ltd, ABN 49 614 342 871 and credit representative number 492892,

in respect of your use and access of the Services.

1.2 Your entitlement to use the Services is conditional upon you agreeing to the terms set out in this document. Services are offered for use by you on the condition that you read and accept this document and agree to be bound by its terms.

1.3 By installing, using or accessing the Services, you are considered to have accepted the terms set out in this document. If you do not agree with or otherwise do not wish to accept the terms set out in this document, do not install, use or access the Services.

2. Services

2.1 Licence

Subject to the terms of this document, the Licensor grants you a non-exclusive, non-transferable licence to use the Services on the terms of this document. You must only use the Services to obtain information as to financial products and services that may be suitable to your situation and such other purposes intended by the Licensor from time to time.

2.2 Restrictions

(a) You must not rent, lease, lend, sell, transfer, redistribute or sublicense your access to the Services, or otherwise make the Services available over a network where your details could be used by third parties.

(b) Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, or any part thereof, including any software.

2.3 Modification

The Licensor can modify, Update or cease to offer the Services, or any part thereof, at any time without prior notice to you.

2.4 Risk

You acknowledge and agree that you use the Services at your own risk.

To the fullest extent permitted by applicable law, the Licensor does not accept liability for any claims or losses arising directly or indirectly from:

(a) a failure to provide any Service, or any part thereof;

(b) corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service;

(c) any suspension or discontinuance of any Service, or any part thereof; or

(d) any use of the Services by other users, including any use of the Services by other users in manner which contravenes this document.

2.5 Intellectual Property

The Licensor retains all right, title and interest to all Intellectual Property rights subsisting in the Services, any Updates, and any part thereof.

3. Updates

3.1 Terms

The terms of this document (as amended pursuant to clause 14.1) will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Licensor in which case the terms of that licence will govern to the extent provided for.

3.2 Acknowledgements

You acknowledge and agree that the Licensor:

(a) is under no obligation to provide any Updates;

(b) can offer optional paid Updates;

(c) can use Updates to add, remove, modify or otherwise alter features of the Services at its sole discretion, and that such changes will not be a breach of this document;

(d) can require you to install Updates in order to continue using the Services; and

(e) can provide Updates in such a manner that the Services are unable to be reused in their previous state.

3.3 Other software

In order to obtain, install, update, access, use, or continue to access or use the Services, you may also be required to update third party software (such as the operating system) on your Device.

You acknowledge and agree that:

(a) the Licensor is not responsible for such third party updates;

(b) such third party updates may be subject to their own terms and conditions, which the Licensor strongly recommends you review prior to implementing the third party update; and

(c) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Services.

4. User account

4.1 Requirement

In order to use the Services, or parts thereof, you must create a user account.

4.2 Limits

You must not:

(a) register multiple user accounts, as an individual is only permitted to have a single user account; and

(b) allow multiple people to use the same user account.

4.3 Security

You are responsible for protecting the confidentiality of your password. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not access is authorised by you.

4.4 Termination

The Licensor reserves the right to terminate your account at any time if you breach the terms of this document. If your account is terminated by the Licensor, you must not access any other user accounts or create any further user accounts.

5. User interaction

The Services may enable you to communicate with other users, or to post materials that may be made publically available.

You acknowledge and agree that:

(a) any information or material submitted by you and any users using the Service will be treated by the Licensor as non-confidential and non-proprietary and the Licensor can use such material without restriction or compensation to you or any other party;

(b) you grant the Licensor a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property and other information or material created or submitted by you using the Services;

(c) you will not use the Services to transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, amounts to harassment or is otherwise objectionable;

(d) you will not use the Services transmit any unsolicited advertising or promotional material;

(e) any material that you post or transmit can be removed by the Licensor without notice at any time, for any reason including no reason;

(f) you will not post or transmit any personal information, Intellectual Property or other material owned by another person or entity. You warrant and represent that all material posted is original work and not sourced from any third party, and that you are the sole owner of all associated Intellectual Property;

(g) you will not post or transmit any material which contains viruses or other computer code, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

(h) the Licensor does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the Services, and the Licensor is not liable for any loss or damage of any kind, or any claim, resulting from any action taken or reliance made by you regarding any Intellectual Property or other information or material obtained from another user and/or made available by another user; and

(i) you, and not the Licensor, are responsible for resolving any disputes you may have with other users of the Services.

6. Advertising

You acknowledge and agree that:

(a) the Services may feature advertisements from the Licensor and/or third parties;

(b) the Licensor may at its sole discretion introduce advertising into any Services that do not presently contain advertising;

(c) the Licensor is not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view such third party websites and materials at its sole risk; and

(d) any provision of information to third party advertisers by the Licensor will be governed by the Licensor’s Privacy Policy.

7. Your obligations

7.1 Third party services

(a) You may be required to use certain third party services in order to obtain, install, update, access, use, or continue to access or use the Services.

(b) Access to the Services requires your Device to be connected to the internet, and you acknowledge that the Licensor is not liable for the costs associated with such connections.

(c) You must comply with any applicable third party terms of agreement when using and accessing the Services. You are responsible for ensuring that your installation and use of Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

(d) The Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.

7.2 Restrictions

You agree that you will not:

(a) provide incorrect or misleading information in connection with the Services;

(b) attempt to disrupt the normal operation of the Services, or any infrastructure operated by the Licensor or other business activities of the Licensor;

(c) attempt to gain unauthorised access to the Services;

(d) make any automated use of the Services;

(e) impersonate any other person in using of the Services (including by submitting personal information or information that purports to be personal information) or in connection with any application through the Services; or

(f) use the Services in connection with the actual or attempted contravention of any applicable laws.

7.3 Your information and content

(a) You acknowledge that the Licensor will form opinions and make assessments based on the information provided by you in connection with the Services, including any responses to the Licensor’s questionnaire which will permit the aggregation of products through the Services.

(b) In order for the Licensor’s credit representative, Glass Financial Australia Pty Ltd, ABN 49 614 342 871, credit representative number 492892, to aggregate and recommend products through the Services, you acknowledge and agree that you will ensure that all information provided to the Services or connection with the Licensors’ questionnaire will be accurate.

7.4 General

You have read, and are familiar with, the Credit Criteria.

8. Your obligations as to the products

(a) In order for the Licensor’s credit representative to aggregate and recommend products through the Services, you acknowledge and agree that:

(i) to the extent that any data or commentary on or contained in the Services constitutes general advice, such advice has been prepared by Glass Financial Australia Pty Ltd, ABN 49 614 342 871, credit representative number 492892, and does not take into account your individual investment objectives, financial circumstances or needs; and

(ii) information provided on and available from the Services does not constitute financial, taxation or other professional advice and should not be relied upon as such.

(b) The Licensor recommends that, before you make any financial decision, you:

(i) seek professional advice from a suitably qualified adviser; and

(ii) obtain and consider the product disclosure statement relating to the product before making any decision about whether to acquire the product.

(c) All products offered through the Services shall be subject to:

(i) the Credit Criteria; and

(ii) fees and charges of the Licensor, Glass Financial Australia Pty Ltd and/or the lender as the case may be.

9. Support

Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and the Licensor, the Licensor will not be obliged to support Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Service by you.

10. Duration of Licence

10.1 Term

Subject to the remainder of this clause, the licence granted you in clause 2.1 is granted in perpetuity.

10.2 Termination

This licence can be immediately terminated by the Licensor in the following circumstances:

(a) you are in breach of any term of this document, or threaten to breach any term of this document; or

(b) you so elect in writing.

Termination pursuant to this clause will not affect any rights or remedies which the Licensor may have otherwise under this document or at law.

Nothing in this clause limits any right the Licensor may have pursuant to this document to modify or cease offering the Services or any part thereof.

11. Warranty

(a) You acknowledge that the Services cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this document.

(b) Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Licensor will not be liable to you for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of this document or arising out of the supply of defective Services.

(c) Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Licensor’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Licensor, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at the Licensor’s option):

(i) in the case of goods, including products accessed via the Services (to the extent that such products are considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or

(ii) in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.

(d) Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, the Licensor’s maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.

(e) You acknowledge that you have exercised your independent judgment in acquiring the Services and have not relied on any representation made by the Licensor which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Licensor.

12. Intellectual Property

12.1 No transfer

This document does not constitute a transfer or conveyance of any Intellectual Property owned by the Licensor as at the date of this document, including but not limited to all Intellectual Property associated with the Services, and its functionality, features and content, or operate as a future transfer of any Intellectual Property owned by the Licensor any time thereafter.

12.2 Acknowledgement

You acknowledge that the materials provided in the course of the Services are protected by copyright and may also be protected as other forms of Intellectual Property owned by the Licensor. You will not during or at any time after the termination of this document undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights.

12.3 Reverse engineering

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Services, or any related files.

12.4 Indemnity

You will indemnify the Licensor fully against all liabilities, costs, losses, claims and expenses which the Licensor may incur to a third party as a result of your breach of any of the provisions of this document by you.

13. Security

(a) Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Licensor strives to protect such information, it does not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to the Licensor is transmitted at the risk of the sender. Nevertheless, once the Licensor receives transmissions from you, it will take reasonable steps to preserve the security of such information.

(b) Users must take their own precautions to ensure that the process which they employ for accessing the Services does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their Devices. For the removal of doubt, the Licensor does not accept responsibility for any interference or damage to Devices which arises in connection with use of the Services.

14. Privacy

14.1 Privacy Policy

The Licensor undertakes to comply with the terms of its Privacy Policy in respect of the Services. The Privacy Policy is incorporated into, and forms part of, the terms of this document.

14.2 Consent to use of data

You agree that the Licensor may collect and use technical data and related information, including, but not limited to, technical information about the Services, system and application software, and peripherals that is gathered periodically. In addition to any other rights it may have to use this information pursuant to its Privacy Policy, the Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

15. General

15.1 Amendment

The Licensor reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting at www.glassfinancial.com.au, unless a later effective date is specified. Continued use of the Services by you following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.

15.2 Assignment

(a) You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Licensor which consent can be granted or withheld in the absolute discretion of the Licensor.

(b) The Licensor can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.

(c) An assignment in breach of clause 14.2(a) is intended by the parties to be void and of no force and effect.

(d) A breach of clause 14.2(a) by you entitles the Licensor to terminate this document.

15.3 Waiver

(a) A waiver of a right, remedy or power by the Licensor must be in writing and signed by the Licensor.

(b) The Licensor does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.

(c) A waiver given by the Licensor in accordance with clause 14.3(a):

(i) is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be construed as a waiver of that obligation or breach on any other occasion; and

(ii) does not preclude the Licensor from enforcing or exercising any other right, remedy or power under this document nor is it to be construed as a waiver of any other obligation or breach.

15.4 Severance

If a provision in this document is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this document for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this document.

15.5 Governing law and jurisdiction

(a) This agreement is governed by and is to be construed under the laws in force in New South Wales.

(b) Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this document. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

15.6 Further assurances

You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to this document and the transactions contemplated by it.

15.7 No reliance

You acknowledge and agree that you have not relied on any statement by the Licensor which has not been expressly included in this document.

15.8 Entire agreement

This document constitutes the entire agreement between you and the Licensor regarding access and use of the Services, and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

As noted elsewhere in this document, use by you of other products, Devices, software or services may be subject to further terms.

15.9 Exercise of rights

(a) Unless expressly required by the terms of this document, the Licensor is not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with this document.

(b) The Licensor may (without any requirement to act reasonably) impose conditions on the grant by it of any consent or approval, or any waiver of any right, power, authority, discretion or remedy, under or in connection with this document. You must comply with any such conditions when relying on the consent, approval or waiver.

15.10 Clauses that survive termination

(a) Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of this document:

(i) clauses 2.2 and 2.5;

(ii) clause 2.4;

(iii) clauses 4.3 and 4.4;

(iv) clause 5;

(v) clause 7.2;

(vi) clauses 8, 10, 11, 12 and 13;

(vii) clauses 14.4 and 14.5; and

(viii) this clause 14.10.

(b) Each indemnity offered by you in this document is a continuing obligation, independent from the other obligations of the parties and survives the termination of this document. It is not necessary for the Licensor to incur expense or make payment before enforcing a right of indemnity against you under this document.

16. Definitions and interpretation clauses

16.1 Definitions

In this document:

Credit Criteria
means the credit criteria and guide of Glass Financial Australia Pty Ltd, ABN 49 614 342 871, credit representative number 492892 available here.

Device
means any device from which you access the Services.

Intellectual Property
means any patents, copyright (including moral rights), designs, registered and unregistered trade marks, trade secrets, know-how, confidential information and all other intellectual property and any right to register any rights subsisting therein,, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

Licensor
means

(a) Glass Financial Technology Pty Ltd ABN 58 614 342 906; and

(b) Glass Financial Australia Pty Ltd ABN 49 614 342 871.
Privacy Policy
means the Licensor’s privacy policy located at www.glassfinancial.com.au/privacypolicy (as updated from time to time).
Services
means those services accessed through the Licensor’s website at www.glassfinancial.com.au.
Updates
means any updates to the Services from time to time in accordance with clause 3.
16.2 Interpretation

In this document unless a contrary intention is expressed:

(a) headings and italicised, highlighted or bold type do not affect the interpretation of this document;

(b) the singular includes the plural and the plural includes the singular;

(c) a gender includes all other genders;

(d) other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;

(e) a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any Government Agency (whether or not having a separate legal personality);

(f) a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 15.2(f) implies that performance of part of an obligation constitutes performance of the obligation;

(g) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this document and a reference to this document includes any clause, annexure, exhibit and schedule;

(h) a reference to a document (including this document) includes all amendments or supplements to, or replacements or novations of, that document;

(i) a reference to a party to any document includes that party’s successors and permitted assigns;

(j) a reference to time is to the time in Sydney, New South Wales, Australia;

(k) a reference to an agreement other than this document includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;

(l) a reference to a document includes any agreement or contract in writing, or any certificate, notice, deed, instrument or other document of any kind;

(m) a provision of this document may not be construed adversely to a party solely on the ground that the party (or that party’s representative) was responsible for the preparation of this document or the preparation or proposal of that provision;

(n) a reference to a body, other than a party to this document (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions;

(o) the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in this document do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary;

(p) a reference to a day is to the period of time commencing at midnight and ending 24 hours later;

(q) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;

(r) a reference to ‘$’, ‘A$’, ‘AUD’, ‘dollars’ or ‘Dollars’ is a reference to the lawful currency of the Commonwealth of Australia.

16.3 Business Day

If anything under this document is required to be done by or on a day that is not a Business Day that thing must be done by or on the next Business Day.

17. Contact
In the event that you need to contact the Licensor regarding this document, the Services, please use the following details.

Glass Financial Technology Pty Ltd
Level 5, 117 York St Sydney NSW 2000
1300 245 277
admin@glassfinancial.com.au

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