Fintrack may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect. If you have any questions or need clarification on any issue, please email us at firstname.lastname@example.org
Fintrack is a referral service, we refer all enquiries that are initiated on this website to partners who are licensed to provide their respective products and/or services and quotes. We receive referral fees and commissions from third parties’ companies for making these introductions. Although we cover a wide range of products and services, we don’t cover every product or service available on the market. In some cases, we may not have a large selection of partners on board who can service your specific request. This could be due to your circumstances that may be unique and only serviceable by a particular provider or because Fintrack only has been able to come to an agreement with one product or service supplier.
By clicking on the any enquiry button, you agree to proceed with a specific product or service offering through a referral from Fintrack and you will be dealing directly with the third-party company and(or) its representatives of that product or service and no longer with Fintrack. You acknowledge and agree to receive notices, phone calls, and any other communications at the email or telephone number(s) you provided on your application from the third-party company and(or) its representatives of that product or service.
Fintrack does not guarantee the accuracy of the information on the website or given in any other subsequent communication, including information provided by contributors or third parties at any time. You must accept sole responsibility associated with using the material on this website, and the information on this website is no substitute for financial advice. You must not rely on this information to make a financial or investment decision. Before making any decision, you must seek professional advice to consider your particular personal objectives, financial situation and needs.
Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by Fintrack, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Brands, names, images and logos displayed on the Website may be the subject of registered trademarks of Fintrack, its related entities, affiliates or its service providers and protected by the Trademarks Act 1995 (Cth) and other international trademark laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to access services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trademark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication, or display of the content on this site is strictly prohibited.
You must not upload to our database any materials which infringe any third party’s copyright, patent, trademark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with Fintrack procedures and policies in respect of uploading information and materials as specified on the Website from time to time. You warrant that you own all copyright in, or otherwise have the right to upload to our database, reproduce and permit us to reproduce, your Materials. Solely to enable us to provide the Services to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.
We may send automatically generated updates, alerts, reminders, or other notifications (together Notifications) to your last notified email address from time to time if you elect to receive such Notifications as part of the Services. You may elect to receive only specific types of Notifications and may deactivate any Notifications by written notice to us at any time. We will use reasonable endeavours to cease sending you Notifications within a reasonable time after receiving your written notification to deactivate Notifications. We may also cease to provide Notifications at any time at our sole discretion. You acknowledge that Notifications may include your User Account username and information regarding your financial affairs or accounts (such as due dates and outstanding balances) and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, do not elect to receive Notifications.
For us to provide the Services to you or for you to access Third Party Websites and Third Party Accounts via the Website, we may be required from time to time to: (a) use your Materials to access or directly link to Third Party Websites and your Third Party Accounts; (b) disclose your Materials to Third Party Providers; (c) retrieve information from Third Party Providers and Third Party Websites about you or about your Third Party Accounts; and (d) view details of your Third Party Accounts.
Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. You acknowledge and agree that the effectiveness of the Services may depend on the accuracy and completeness of information provided by you and of the Materials you may upload via the Website. Fintrack assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information, including information and Materials posted or uploaded by you. Accordingly, you should confirm the accuracy and completeness of all posted information and Materials before using the Services or making any decision related to any products or services described on or referred to by this Website.
The Website may provide various functions, resources, and financial management tools (including calculators) from time to time (Tools). Such Tools rely on data provided by you, Third Party Providers and Third-Party Websites and make assumptions based on such data to generate information and results. The information and results generated by such Tools are estimates only based on available data and are not guaranteed or warranted by Fintrack to be accurate or reliable. The Tools are provided for information purposes only and should not be relied on as a substitute for professional advice. Fintrack does not warrant or guarantee that the Tools or the functions of the Tools are accurate or reliable, use appropriate assumptions, are fit for your particular purpose or are otherwise suitable for your use.
Access to the Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. Fintrack gives no warranty or guarantee that access to or use of the Services will be available to all devices, and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.
You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, Fintrack gives no guarantee that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Website (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Website (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
We reserve the right to limit the volume of Materials you may upload to our database and the volume of transactions you conduct on the Website at any time. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Fintrack may block/delete from the Website any material posted to the Website that Fintrack decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must use the Website for personal and non-commercial purposes only. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to Fintrack for breach of contract and/or infringing applicable law. You must retain backup copies of all Materials you upload to the Website. We adopt commercially reasonable efforts to protect and preserve the Materials but accept no liability for any loss of or damage to the Materials, however caused.
Fintrack is not a financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Services are provided solely to assist you to manage your financial and other information and to communicate with Third Party Providers and do not constitute the provision of financial, accounting, investment, legal, tax or other advice by Fintrack. You should consider obtaining professional financial, accounting, investment, legal, tax and other applicable advice suitable to your particular situation before deciding to obtain products or services from any Third-Party Provider.
Use of this Website is at your sole risk. To the extent legally permitted, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. Fintrack expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Fintrack does not represent or warrant that the functions within the Website will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by Fintrack not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, Fintrack limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Fintrack’s discretion.
To the extent legally permitted, in no event will Fintrack be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Fintrack is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Fintrack’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$100.00.
You agree to indemnify, defend, and hold harmless Fintrack, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, your User Account or password.
To notify us, please email us at email@example.com
If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
These Terms and any other document referred to herein constitute the entire and only agreement between you and Fintrack in relation to its subject matter and replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.
We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.