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SUPERSPLITTING PTY LTD TERMS OF USE
This website (the "Website") is operated and maintained by SuperSplitting PTY LTD (ACN 098 295 222) ("SuperSplitting"). Before using this website you must acknowledge that you have read and accepted these Terms of Use ("Terms of Use"). SuperSplitting reserves the right to amend the Terms of Use at any time.
SuperSplitting provides the superannuation funds database ("Database"), the superannuation calculator ("Calculator") and related information (collectively, "Services") on this Website. While any information or data comprising, or generated as a result of the use of, the Services may refer to legal issues, it is not legal advice. The Services should not be relied on as a substitute for legal, financial or any other professional advice.
1 Personal Information, Monitoring and Disclosure
SuperSplitting may monitor your use of the Website. Any information that SuperSplitting obtains about you whether through your use of the Website or otherwise will only be used in a manner that is consistent with the SuperSplitting Privacy Policy. SuperSplitting reserves the right at all times to disclose any information as necessary to protect the Website and to satisfy any law, regulation or government request.
2 Proprietary Materials
2.1 This Website contains copyrighted material, trademarks and other proprietary information of SuperSplitting including, without limitation, the Database, the Calculator, access software (and any enhancements or modifications and related documentation) ("Software"), password, text, photos, video, graphics, image, music and sound (collectively, "Proprietary Material"). The Proprietary Material is protected by Australian and international copyright and trade practices laws.
2.2 You agree that:
2.2.1 you will not modify, copy, reproduce, republish, frame, upload to a third party, create derivative works of, or in any way exploit, post, transmit or distribute the Proprietary Material, in whole or in part, except as expressly provided for on this Website or authorised in writing by SuperSplitting;
2.2.2 nothing contained on this Website will be construed as granting you a license or right to use the Proprietary Material without the express written permission of SuperSplitting, other than for the sole purpose of accessing, and using, the Services according to these Terms of Use;
2.2.3 you will not sub-license, assign or transfer any licenses granted by SuperSplitting pursuant to Clause 2.2.2, or otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Proprietary Materials;
2.2.4 you will not re-sell, distribute or permit any unauthorised person to use the Proprietary Material, or any information comprised therein, without the prior written consent of SuperSplitting;
2.2.5 you will abide by all and any additional copyright notices, information or restrictions contained in any content on the Website;
2.2.6 you will not use the Website in any manner or for any purpose which is prohibited by these Terms of Use; and
2.2.7 use of the Services is at your own risk.
3 Change to Services and Subscription Fees
The Services, and all subscription fees displayed on this Website, are subject to change by SuperSplitting without notice.
4 Disclaimer
4.1 Any and all information contained on, or accessible from, this Website is provided on an "as is" and "as available" basis. SuperSplitting does not give any warranty, guarantee or other representation that the information contained in the Database, or otherwise on the Website is accurate, up to date or will meet your requirements. SuperSplitting does not warrant that any information resulting from the use of the Services on this Website (including, without limitation, the Calculator) will meet your requirements. SuperSplitting does not warrant the Services provided on this Website will be uninterrupted or error free or that any information, software or other material available on or accessible through the Website is free of viruses, worms, Trojan horses or other harmful components.
4.2 You agree and acknowledge that SuperSplitting has no control over the content of any World Wide Web sites that may be linked to, or available from, the Website through hypertext links ("Linked Sites"), and is not responsible for their content. Linked Sites are provided for your convenience only and you access them at your own risk.
5 Limitation of Liability
5.1 SUBJECT TO ANY TERMS IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, SUPERSPLITTING WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
5.2 Under no circumstances will SuperSplitting be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of, or inability to use, the Website or your reliance on or use of information or the Services provided on, or accessible through, this Website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance or any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained in the Website, even if SuperSplitting has been advised of the possibility of those damages. SuperSplitting will not be liable, either directly or indirectly, as result of any person relying, either wholly or partially from upon any information shown in, or omitted by, the Calculator or resulting from, or generated by the use of, the Calculator by any person.
5.3 To the fullest extent permitted by law, SuperSplitting's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of SuperSplitting, in the case of services supplied or offered by SuperSplitting, to the supply of the services again or the payment of the cost of having services supplied again.
6 Lack of Confidentiality on the Internet
You expressly acknowledge and agree that transmissions to, and from, this Website provide a means of public and not private communications, are not confidential and that your communications may be read or intercepted by others. You acknowledge that by submitting communications to SuperSplitting, no confidential, fiduciary, contractually implied or other relationship is created between you and SuperSplitting other than pursuant to these Terms of Use.
7 Goods and Services Tax
7.1 If any goods and services tax ("GST") is imposed on any supply made by SuperSplitting through the Website, you must pay to SuperSplitting, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by SuperSplitting, whether such demand is made by an invoice or otherwise.
7.2 Subscribers to the Website must notify SuperSplitting if there is a change in their GST status.
8 Subscription and Termination
8.1 You agree that your subscription to the Services on this Website is valid for [one year]. During this period, SuperSplitting will not provide full or partial refunds in respect of the Services, or any component thereof.
8.2 If in the reasonable opinion of SuperSplitting you are in breach of any of these Terms of Use, SuperSplitting may, in its sole discretion, suspend, terminate or limit your access to the Website and terminate these Terms of Use, effective immediately.
8.3 In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you, and all SuperSplitting disclaimers and limitations of liability set out in the Terms of Use, will survive.
9 Miscellaneous
9.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of Victoria, without reference to its conflicts or choice of laws provisions. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
9.2 If any provision of these Terms of Use are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not effect the remainder of these Terms of Use which will continue in full force and effect.
9.3 All rights not expressly granted herein are reserved.
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