Principal Practices and their advisers are Authorised Representatives of Fortnum Private Wealth Ltd ABN 54 139 889 535 AFSL 357306. All financial services are provided under the Australian Financial Services Licence of Fortnum Private Wealth Ltd which trades as Fortnum Financial Advisers.
By agreeing to be a user of the Fortnum Financial Advisers Financial Knowledge Centre and website www.stratusfinancialgroup.financialknowledgecentre.com.au (the ‘Site’) the User (‘you’) agree to the following terms and conditions:
1. Your use of the Site
a) Your use of the Site is offered to you conditionally on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.
b) Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
2. GENERAL INFORMATION SITE ONLY
a) The information, contents and resources on the Site is of a general educational nature only and is intended for Australian residents only.
b) The information, contents and resources on the Site is provided to you entirely without knowledge of your personal circumstances, and is provided to you exclusively for general educational purposes. You expressly agree that the information, contents and resources on the Site are not to be relied on by you for any reason whatsoever save for general educational purposes.
c) You agree that the information contained in the Site does not constitute advice of any nature including but not limited to financial, legal or other consulting advice.
d) You agree that Fortnum Financial Advisers have no responsibility, liability, or accountability for any loss incurred as a result of your reliance on the information, contents and resources on the Site.
e) Fortnum Financial Advisers takes all care in preparing the presentation of information on this site but makes no warranty as to accuracy of the information on the Site nor its suitability for your personal circumstances.
f) If you decide to make any business or personal decision having read information contained on the Site you should research the area further, and obtain professional advice from a legal, financial or other duly qualified adviser. Fortnum Financial Advisers, their successors, assigns and their related entities, will not (to the extent allowed by law) be liable for any loss or damage suffered by you due to your reliance of the information, resources and content of the Site.
3. LINKS TO THIRD PARTY SITES & CONTENT OF SITE
a) The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Fortnum Financial Advisers and Fortnum Financial Advisers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, changes to a Linked Site, webcasting or any other form of transmission received from any Linked Site.
b) Fortnum Financial Advisers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fortnum Financial Advisers of the Linked Site or any association with its operators.
c) The listing of a person or organisation in any part of this website in no way implies any form of endorsement by Fortnum Financial Advisers of the products or services provided by that person or organisation.
4. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Site, you warrant and expressly agree with Fortnum Financial Advisers, their successors and assigns that you must not:
a) use the Site for any purpose that is unlawful or prohibited by this Agreement;
b) use the Site in any manner which could damage, disable, overburden, or impair the Site, interfere with any other party's use and enjoyment of the Site or bring the Fortnum Financial Advisers brand into disrepute. You agree that you will not do anything which may infect the Site with any virus or other thing which could damage, interfere with, delay, intercept or expropriate any system or data;
c) obtain copy, reproduce, translate, adapt, vary or modify the information, content and materials on the Site, or attempt to do any of these activities by any means whatsoever, nor permit unauthorised use of the Site;
d) reverse assemble or reverse compile, decompile, disassemble, or otherwise reproduce any aspect of the Site, to readable form for any purpose other than as expressly contemplated by this Agreement, or allow or cause a third party to do any of these things;
e) attempt to create any software which has features or functionality the same as or similar to the features and functionality of the Site.
5. TERMINATION/ACCESS RESTRICTION
a) Fortnum Financial Advisers reserves the right, in its sole discretion, to terminate your access to the Site or any portion of the Site at any time, without notice and you agree that Fortnum Financial Advisers may terminate your access to the Site at any time without penalty.
b) Fortnum Financial Advisers reserves the right to change the terms, conditions, and notices under which the Site is offered to you at any time.
c) Fortnum Financial Advisers does not warrant, represent or guarantee that the operation of the Site, will be free from errors or viruses or that access to the Site will be uninterrupted.
d) Fortnum Financial Advisers may change the design or configuration of the Site at any time without notice.
6. INTELLECTUAL PROPERTY
a) All contents, information and resources of the Site are protected by the Copyright Act and are owned by or licensed to Fortnum Financial Advisers. All rights in such contents, information and resources are reserved.
b) The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
c) Nothing in this Agreement confers on you any ownership or intellectual property rights in the content, resources and information on the Site or any technical information contained in the Site. All intellectual property rights, confidential information and technical information in the Site and any material supplied by Fortnum Financial Advisers to you remains the exclusive intellectual property owned by Fortnum Financial Advisers.
7. INDEMNITY You expressly agree to indemnify, release and hold harmless Fortnum Financial Advisers, their successors, assigns and their related entities, against all claims and damages loss, claims for damages, actions, costs or expenses (including legal costs on a solicitor and own client or full indemnity basis, whichever is greater), including any consequential losses howsoever arising:
a) brought by or suffered by or incurred by you in respect of your use, misuse or connection with the Site;
b) as a result of or in connection with your use of the information, resources and content on Site;
c) as a result of or in connection with the exercise of Fortnum Financial Advisers rights or performance of its obligations under this Agreement and any breach of any of your warranties or obligations;
d) Fortnum Financial Advisers termination of your access to the Site. The indemnity granted by this clause survives the termination or expiration of this Agreement and does not limit any other remedies available to the Fortnum Financial Advisers and their successors and assigns.
8. Limitation of liability
a) Despite anything implied in this Agreement, Fortnum Financial Advisers and their successors, assigns and their related entities are not liable to you in contract or negligence for, or in respect of any direct or indirect loss or damage suffered by you or any other person arising out of any breach or other act or omission in connection or having Association with this Agreement.
b) `Indirect loss' in the preceding clause includes, without limitation, any consequential loss, financial loss or expense including where caused by loss of goodwill, loss of data or delay in the performance of any obligation, together with any expense incurred in connection with that loss, or in mitigation or attempted mitigation of that loss.
c) Other than the warranties expressly stated in this Agreement, to the maximum extent permitted by the law, Fortnum Financial Advisers and their successors, assigns and their related entities exclude all warranties of whatever nature and Fortnum Financial Advisers have not given any condition, warranty or representation whatsoever:
i. as to the condition or quality or performance of the Site, including, without limitation, latent and other defects;
ii. as to the suitability, merchantability or fitness for ordinary or any special use or purpose of the Site; or
iii. as to the accuracy or completeness of any information of the information, resources and content of the Site.
d) All covenants, warranties or provisions that are deemed to be implied into this Agreement by law are expressly excluded from this Agreement to the fullest extent permissible by law.
e) Fortnum Financial Advisers their successors, assigns and their related entities, expressly disclaims any liability for any promise, representation, warranty or undertaking given or made by Fortnum Financial Advisers in relation to the Site.
f) Any covenant or provision which is deemed by statute to be incorporated into this Agreement but the operation of which may be lawfully excluded, restricted or modified by agreement between the Parties or otherwise is, to the maximum extent possible, excluded, restricted or modified.
g) The liability of Fortnum Financial Advisers, their successors, assigns and their related entities, for any breach of any implied conditions, warranties or rights referred to in this clause is limited to the maximum extent allowed by law. Subject to the qualifications in Section 64A of the Australian Consumer Law; or in other laws, the liability of Fortnum Financial Advisers, their successors, assigns and their related entities for any breach of such implied condition, warranty or rights is limited (at Fortnum Financial Advisers option) to the supplying of the services again or the payment of the cost of having the services supplied again.
h) Fortnum Financial Advisers, their successors, assigns and their related entities, will not (to the extent allowed by law) be liable for any loss or damage suffered by you because the Site is unavailable for any reason.
i) Fortnum Financial Advisers, their successors, assigns and their related entities, will not (to the extent allowed by law) be liable for any loss or damage suffered by you because you have relied on the information, content and resources of the Site and suffered loss or damage as a result of such reliance.
9. JURISDICTION This agreement is governed by the laws of New South Wales. The Parties submit to the non-exclusive jurisdiction of the courts of that state and any court hearing appeals from those courts.
10. SEVERANCE If any clause or sub-clause of this Agreement is found to be invalid by a court of competent jurisdiction, it will continue to operate but be read down to the extent necessary to be valid. If it is found not to be possible to read down the clause or sub-clause, it will be severed from the Agreement and the remainder of this Agreement will continue to operate with full force and effect.
11. ENTIRE UNDERSTANDING This Agreement constitutes the entire agreement and understanding between the Parties with respect to all matters between the Parties including but not limited to obligations of each party and supersedes all prior negotiations, contracts, arrangements, undertakings and agreements between the Parties. No addition or variation to this Agreement will be of any force or effect unless it is in writing and signed by all parties to this Agreement.