Terms of use
Use of this web site is conditional on you agreeing to these terms and conditions.
1 User eligibility
1.1 Users of this service must reside in Australia, be over 21 years of age and have the legal capacity to enter into a legally binding contract.
1.2 Those wishing to access the secure section of our site and undertake more detailed analyses and comparison, must apply to become a Registered User through our “Create an Account” facility.
1.3 If your request to become a Registered User is accepted by Wealth benchmarks, your membership will continue until terminated in accordance with these Terms and Conditions.
1.4 Wealth benchmarks may, in its absolute discretion, and without notice or liability to you, refuse your application to become a Registered User or terminate your status as a Registered User if (i) you breach these Terms and Conditions; or (ii) you act in a way that, in the opinion of Wealth benchmarks, is likely to be detrimental to the interests of Wealth benchmarks and other users.
1.5 If Wealth benchmarks terminates your status as a Registered User, Wealth benchmarks may, in its absolute discretion stop providing you with access to Registered User services section.
1.6 You may terminate your Registered User status at any time through the My Account, account maintenance facility
2 Warranties provided by you
2.1 You warrant and acknowledge that:
(a) your primary residence is in Australia, you are over the age of 21 and that you have the legal capacity to enter into a legally binding contract;
(b) the information you provide on this web site is:
(i) correct and complete as of the dates noted;
(ii) not misleading or deceptive or likely to mislead or deceive
(c) where you provide information on this web site about another person, you have obtained the express written permission of that other person to use that person’s information on this web site;
(d) you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password, unless this is done with permission granted by the individual whose data is being represented
(e) you will not use this web site for any illegal or fraudulent purpose
(f) you will not impede the use of this web site by any person;
(g) you will maintain the secrecy and confidentiality of all username and password information required by you to access Registered User services and you will immediately notify Wealth benchmarks, citing your Username and Password, if your password has been lost, stolen or compromised in any way
3 Disclaimer
3.1 You acknowledge that:
(a) Wealth benchmarks gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information (including but not limited to data, charts and reports) contained on or accessed through this web site (Information);
(b) Wealth benchmarks takes no responsibility for the currency, accuracy or completeness of the information, or for programming bugs or computer viruses, faults or errors in this web site or the Information;
(c) This service provides factual information only and does not provide advice nor recommend, implicity or explicity, any particular financial strategy, financial product or class of products or services; nor the products or services of any provider, including our sponsors
(d) You will not rely on the Information in determining whether to adopt any financial strategy or purchase any financial products or services, and you will make your own enquiries and obtain advice from a licensed financial advisor or other professional as to the use of the Information provided here;
(e) Every users’ circumstances are different and the pathways achieved to obtain one’s position or financial security cannot be inferred from the comparison information provided. Users should not seek to match or copy the characteristics of others in their demographic group or groups perceived as more successful
(f) The explanatory information provided is general in nature and may not describe all circumstances.
(g) Wealth benchmarks may, without notice to you, and at any time, modify or discontinue the services provided on this web site
(h) Wealth benchmarks does not warrant or represent that any message posted, uploaded or otherwise transmitted to or from this web site has not been altered in transmission, will be received by the intended recipient; or be free from viruses, faults or errors.
(i) Although Wealth benchmarks will try to ensure that this web site is accessible to users, it does not warrant that users or potential users will have continuous access to this web site. Wealth benchmarks will not be liable if this web site is unavailable to users or potential users due to any events caused by Wealth benchmarks, whether negligent or not; or any events beyond the control of Wealth benchmarks, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
(j) Wealth benchmarks will make reports available for a fee in the form of "credits". There will be no cash refunds available for any unused credits. Credits will not be redeemable for cash and may expiry after 12 months. In the event of problems purchasing credits online, please contact us via email noting your issue and complete details of your transaction. Depending on your circumstances we may adjust your account credits or issue you with a coupon for further credits. Users should also confirm using initial free credits their ability to print PDF reports as we cannot reimburse you for failure to create a pdf print file. Please note to maximise user security we do not store full credit card details.
4 INTELLECTUAL PROPERTY
4.1 Unless otherwise provided, all intellectual property (including, copyright, patents, confidential information and trade marks) in the material on this web site (including but not limited to comparison data, charts and any generated reports) are owned by or licensed to Wealth benchmarks. Except as permitted by the Copyright Act 1968 (Cth), no part of this web site may be modified or reproduced by any process without the specific written permission of Wealth benchmarks.
4.2 The information provided on or through this web site (including but not limited to comparison data, charts and generated reports) (referred to in this clause 4 as "Materials") is for sole use of the individual user or professional user's client. Generated reports and output charts can be saved as a PDF file or can be scanned but strictly for the sole purpose of an individual user's or that specific client's personal record retention.
4.3 You must not:
(a) copy, reproduce, publish, distribute, sub-license or grant rights in the Materials or any part of the Materials
(b) modify, adapt or create derivative works based on all or any part of the Materials
(c) incorporate all or any part of the Materials into any other works including software
(d) permit, allow or assist a third party to do (a), (b) or (c) above
4.4 “Wealth benchmarks” is a trade mark of Wealth benchmarks.
4.5 “Make Work Optional” is a trade mark of Professional Wealth Pty Ltd, used with permission by Wealth benchmarks.
5 Limitation of Liability
5.1 To the full extent permitted by law, Wealth benchmarks, its directors, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with any use of this web site or of the Information for whatever reason; whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.
5.2 If any law prohibits the exclusion of such liability, Wealth benchmarks limits its liability to the extent permitted by the law and at its option to the re-supply of that information.
6 Governing law
6.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
7 Entire Agreement
7.1 These Terms and Conditions set out the entire agreement and understanding between you and Wealth benchmarks and supersede all prior agreements, understandings, representations and warranties, whether express or implied.
8 PROVISIONS SEVERABLE
8.1 If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.
Wealth benchmarks may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be binding on you once displayed on this web site. You agree to be bound by these Terms and Conditions as amended and agree to review the Terms and Conditions before using this web site.
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