Terms and Conditions
This page outlines the General Conditions of access to and use of the site.
ACKNOWLEDGEMENT AND ACCEPTANCE OF GENERAL CONDITIONS
http://www.nomorepractice.com.au/ (the “Site”) is owned and operated by evolution media group Pty Limited (ABN 77 091 835 924 – Trading as No More Practice) and is a Corporate Authorised Representative (CAR 461294) of Financial Planning Services Australia Pty Ltd ABN 55 010 521 810, AFSL 225982. The site may contain material from evolution media and other related companies. Your access to, use of, linking to the Site, use of software or downloading software on the Site (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (“General Conditions”). Your Access to the Site constitutes your agreement to be bound by the General Conditions. evolution reserves the right to amend the General Conditions at any time and you should periodically refer to them on this page and elsewhere on the Site.
OWNERSHIP OF CONTENT ON THE SITE
The materials displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these general Conditions or with the express prior written consent of evolution. You must not use any spider, screen scraper, robot, or other automated similar software or device (“Prohibited Device”) to use or access the Site in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without evolution’s prior written approval. Search engines may access and index content on the Site provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to evolution.
ACCESS TO THE SITE
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of evolution or which is prohibited by the General Conditions. You must not use the Content for commercial purposes without first obtaining the express written authority of evolution. Use of the Content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making.
evolution is committed to protecting your privacy. If you elect to become a subscriber to our website we use the information you provide, to provide you with information about products and services that we believe will be of interest to you. If you ask us to refer you to a product provider, we use your information to do so. If you don’t provide the information we need we may not be able to accept you as a subscriber or make your requested referral.
DISCLAIMER AND LIMITATION OF LIABILITY
The Content on the Site is derived from sources believed to be accurate and current. However, other than where implied by law, neither evolution nor evolution directors, officers, agents, employees or contractors (“evolution Personnel”): give any representation or warranty as to the reliability, accuracy or completeness of the Content; or warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
Neither evolution nor evolution Personnel shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your Access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation. In the case of goods or services supplied or offered by evolution or evolution Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at evolution’s option to either: The supply of the goods (or equivalent goods) or services again; or the payment of the cost of having the goods (or equivalent goods) or services supplied again.
You must indemnify and hold harmless evolution and evolution Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expense (including legal fees), claims and damages arising from: any breach by you of the General Conditions; or your (or any person accessing the Site through you) negligent or wrongful use of, reliance on or Access to the Site or any Content.
NOT INVESTMENT ADVICE
The Content on the Site provides general information only. It is not intended as personal investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances prior to making any investment decisions. Some Content on the Site may provide general information about certain financial products. Prior to any action or investment you should consider the relevant Product Disclosure Statement and seek independent professional advice.
ADVERTISING AND LINKS TO OTHER WEB SITES
The Site may contain links to third party sites (“Linked Sites”). Linked Sites are not under the control of evolution, and evolution is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). Except where evolution connects you with a product provider evolution provides these hyperlinks to you as convenience only. The inclusion of any link does not imply any endorsement of the Linked Site by evolution or evolution Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
The Site may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (“Third Party Material”). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). Neither evolution nor evolution Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by evolution or evolution Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Neither evolution nor evolution Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites. From time to time, you may notice unusual links appearing on key financial terms on the Site. These links are usually highlighted in text of a different colour and when followed also direct the user to other sites. As with other third party websites, the content of those sites is not endorsed or approved by evolution in any way and are outside our control. These contextual advertising links appear because you have downloaded certain software programs that are designed to create hyperlinks from key words on any websites that users visit
Where a trade mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Site should be construed as being any licence or right of use of any trade mark displayed on the Site.
These General Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
LINKING TO THE SITE
External parties may link to the following sections of the Site provided the conditions listed under the section Linking Conditions below are met.
LINKING TO THE HOMEPAGE
evolution welcomes links to the homepage of the Site, provided that the link is a text link only which directs to the home page of [www.nomorepractice.com.au] and the link to the Site is identified clearly as such on your site.
Any link to the evolution website must comply with these General Conditions and the link must not, in evolution’s opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws, including but not limited to sections 18 and 29 of Schedule 2 to the Competition and Consumer Act 2010 (Cth). evolution is not liable and you agree to indemnify evolution to the extent that any such conduct is found to have occurred. The link must be made in good faith, and must not in evolution’s reasonable opinion cause the evolution brand or any evolution trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site. No other linking is permitted unless it is the subject of a separate specific written agreement between you and evolution.
EVOLUTION ACCESS RIGHTS
You agree to allow evolution access to your web site at any time so that evolution can review whether you are complying with these Conditions. If requested by evolution, you must provide any passwords that are required to access your web site.
evolution can terminate your right to link to the Site at any time by placing a notice on this Site or by informing you directly. If we terminate your right to link to the Site you must cease linking to the Site immediately.