Welcome to Financy. Please read these Terms before using, or submitting content in any form or medium for publication on, Financy, or using any of our services including events and coaching introductions (Services). By continuing to use this site, by submitting content for publication on Financy.com.au or any of Financy’s social media channels (Website), or by using our Services, you agree to comply with these Terms.
We reserve the right to update these Terms at any time. If you continue to use the Website or our Services, you agree to comply with the updated Terms.
1. Use of the Website
1.1 You must use the Website in accordance with these Terms. By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract, or, if under 18, that you have any necessary permissions from your guardian.
1.2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).
1.3 You must not use the Website for any unlawful purpose, use the Website to engage in any offensive conduct or breach of a third party’s intellectual property rights or interfere with the Website’s operation or security.
1.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
1.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
1.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
1.8 We may change the Website from time to time in our discretion.
2. Information on our Website and in our Services
2.1 Financy provides information only, not advice. The information we provide is not an offer, solicitation, or a recommendation for any financial product and is not intended to influence readers’ investment or tax management decisions. Where we provide information about past performance, you should note that this is not an indicator of future performance. You should seek professional investment advice based on your personal circumstances before making any investment decision.
2.2 Opinions and other statements expressed by users and third parties (such as content contributors and event speakers) (Third Party Material) are theirs alone, not opinions of Financy. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by Financy.
2.3 While we use reasonable efforts to ensure the accuracy and completeness of the information we include on the Website (other than Third Party Material), you should use your own judgment and make your own enquiries about the suitability of the information for you.
2.4 The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
3. Financy membership
3.1 We offer annual individual and corporate memberships, payable by the month or upfront. Package details are set out on our Website.
3.2 You have a 7 day cooling off period after taking up membership. After that period, subject to your rights under the Australian Consumer Law, your membership fee for the year is not refundable. However, if you have special circumstances, please contact us and we will consider your request for a refund.
3.3 We may increase the membership fee annually. Details of pricing are set out on our Website.
3.4 Your membership will be automatically renewed each year, on the anniversary of the date you joined. After your first year has passed, your membership subscription will continue month by month, or you can contact us if you would like to terminate your membership.
3.5 When you create your Account, it is your responsibility to ensure your details are accurate and up to date.
3.6 Please make sure that the credit card or other payment details that you provide are correct. If we cannot successfully process your payment, we will notify you. You will be responsible for any bank fees including dishonour fees.
3.7 If you attend a Financy event, you must also comply with any conditions for attendance that we notify to you. We may film or photograph attendees and use the film or photographs in our business incluing marketing. If you do not wish your image or voice to be used, you should email us before the event.
3.8 We are entitled to revoke your membership if you breach these Terms.
3.9 Our Services may include introductions to third parties such as financial advisers or finance coaches. Third parties may also offer discounts or other special offers to Financy members.
3.10 We take reasonable steps to ensure that these third parties are reputable. However, it is your decision whether to to obtain services or take up a special offer from a third party, and Financy is not responsible for the third party’s performance. If you have any concerns or complaints about the third party, you should take the issue up with the third party.
4.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.
4.2 To the extent permitted by law and except as set out in this clause, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website, whether arising in contract, negligence or otherwise. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
4.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied, including but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website for any purpose.
4.4 Our products and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the product or service. For a minor failure, we may choose to provide you with a refund or re-supply the product or service.
4.5 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
4.6 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
4.7 To the extent permitted by law, we will not be liable to you for indirect or consequential loss arising from or connected to our Website or Services arising in contract, negligence or otherwise.
4.8 Our liability to you for loss or damage of any kind arising out of these Terms or in connection with your use of the Website or our Services is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise. You must mitigate your loss.
4.9 Although we intend to take reasonable steps to prevent the introduction of viruses, worms, or other harmful code, we do not guarantee or warrant that our Website, or any material on it, will be free of harmful code.
4.10 Due to the number of sources from which content on our Website is obtained, there may be delays, omissions or inaccuracies in content on our Website – for example, stock prices and market data. This content is for your reference only and should not be relied upon by you for any purpose.
5. Intellectual property
5.1 The contents of the Website incorporate our intellectual property and you must not copy or reproduce any part of the Website.
5.2 Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.
5.3 If you provide any content to the Website, such as reviews, testimonials, forum posts or other information, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party.
6.1 These Terms will be governed by and construed in accordance with the laws in NSW. You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.