Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE
General advice warning

The information on this site is of a general nature.

It does not take your specific needs or circumstances into consideration, so you should look at your own
financial position, objectives and requirements and seek financial advice before making any financial
decisions.
You should also read the relevant  Product Disclosure Statement and Financial Services Guide before
making any financial decisions.

  1. About the Website
    (a) Welcome to www.advicecyborg.com.au (the ‘Website’). The Website
    Financial Planning & Advice (the ‘Services ‘).
    (b) The Website is operated by advice cyborg. Access to and use of the Website, or
    any of its associated Products or Services, is provided by advice cyborg . Please
    read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing
    and/or reading the Website, this signifies that you have read, understood and
    agree to be bound by the Terms. If you do not agree with the Terms, you must
    cease usage of the Website, or any of Services, immediately.
    (c) advice cyborg reserves the right to review and change any of the Terms by
    updating this page at its sole discretion. When advice cyborg updates the Terms,
    it will use reasonable endeavours to provide you with notice of updates to the
    Terms. Any changes to the Terms take immediate effect from the date of their
    publication. Before you continue, we recommend you keep a copy of the Terms
    for your records.
  2. Acceptance of the Terms
    (a) You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by advice cyborg in the user interface.
  3. Registration to use the Services
    (a) In order to access the Services, you must first register for an account through the
    Website (the ‘Account’).

(b) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number

(v) Password
(c) You warrant that any information you give to advice cyborg in the course of
completing the registration process will always be accurate, correct and up to
date.
(d) Once you have completed the registration process, you will be a registered
member of the Website (‘Member ‘) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with advice cyborg ; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services.

  1. Your obligations as a Member
    (a) As a Member, you agree to comply with the following:
    (i) you will use the Services only for purposes that are permitted by:
    (A) the Terms; and
    (B) any applicable law, regulation or generally accepted practices
    or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of
your password and/or email address. Use of your password by any
other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify advice
cyborg of any unauthorised use of your password or email address or
any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of advice cyborg
providing the Services;
(v) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of advice cyborg ;
(vi) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by advice cyborg for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or
its Services is prohibited.

  1. Payment
    (a) Where the option is given to you, you may make payment for the Services (the
    ‘ Services Fee’) by way of:
    (i) Electronic funds transfer (‘EFT ‘) into our nominated bank account
    (ii) Credit Card Payment (‘Credit Card’)
    (iii) Cheque (‘Cheque’)
    (b) All payments made in the course of your use of the Services are made using xero. In
    using the Website, the Services or when making any payment in relation to your use
    of the Services, you warrant that you have read, understood and agree to be bound
    by the xero terms and conditions which are available on their website.
    (c) You acknowledge and agree that where a request for the payment of the
    Services Fee is returned or denied, for whatever reason, by your financial
    institution or is unpaid by you for any other reason, then you are liable for any
    costs, including banking fees and charges, associated with the Services Fee.
    (d) You agree and acknowledge that advice cyborg can vary the Services Fee
    at any time.
  2. Copyright and Intellectual Property
    (a) The Website, the Services and all of the related products of advice cyborg are subject
    to copyright. The material on the

Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including copyright) in
the Services and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website, code, scripts,
design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by advice cyborg or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by advice cyborg , who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website
in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-
commercial use.
advice cyborg does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by advice cyborg
.
(c) advice cyborg retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing,
system or process),
to you.
(d) You may not, without the prior written permission of advice cyborg and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise provided
by these Terms. This prohibition does not extend to materials on the Website, which
are freely available

for re-use or are in the public domain.

  1. Privacy
    (a) advice cyborg takes your privacy seriously and any information provided through
    your use of the Website and/or Services are subject to advice cyborg ‘s Privacy
    Policy, which is available on the Website.
  2. General Disclaimer
    (a) Nothing in the Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the
    Australian Consumer Law (or any liability under them) which by law may not
    be limited or excluded.
    (b) Subject to this clause, and to the extent permitted by law:
    (i) all terms, guarantees, warranties, representations or conditions which
    are not expressly stated in the Terms are excluded; and
    (ii) advice cyborg will not be liable for any special, indirect or consequential
    loss or damage (unless such loss or damage is reasonably foreseeable
    resulting from our failure to meet an applicable Consumer Guarantee), loss
    of profit or opportunity, or damage to goodwill arising out of or in
    connection with the Services or these Terms (including as a result of not
    being able to use the Services or the late supply of the Services), whether
    at common law, under contract, tort (including negligence), in equity,
    pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of advice cyborg make any
express or implied representation or warranty about the Services or any
products or Services (including the products or Services of advice cyborg )
referred to on the Website, includes (but is not restricted to) loss or damage
you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line
failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third
party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of
the products of advice cyborg ; and
(iv) the Services or operation in respect to links which are provided for
your convenience.

  1. Limitation of liability
    (a) advice cyborg ‘s total liability arising out of or in connection with the Services or
    these Terms, however arising, including under contract, tort (including
    negligence), in equity, under statute or otherwise, will not exceed the resupply of
    the Services to you.
    (b) You expressly understand and agree that advice cyborg , its affiliates,
    employees, agents, contributors and licensors shall not be liable to you for any
    direct, indirect, incidental, special consequential or exemplary damages which
    may be incurred by you, however caused and under any theory of liability. This
    shall include, but is not limited to, any loss of profit (whether incurred directly or
    indirectly), any loss of goodwill or business reputation and any other intangible
    loss.
  2. Termination of Contract
    (a) The Terms will continue to apply until terminated by either you or by advice
    cyborg as set out below.
    (b) If you want to terminate the Terms, you may do so by:
    (i) providing advice cyborg with 30 days’ notice of your intention to terminate;
    and
    (ii) closing your accounts for all of the services which you use, where advice
    cyborg has made this option available to you.
    Your notice should be sent, in writing, to advice cyborg via the ‘Contact Us’ link
    on our homepage.
    (c) advice cyborg may at any time, terminate the Terms with you if:
    (i) you have breached any provision of the Terms or intend to breach
    any provision;

(ii) advice cyborg is required to do so by law;
(iii) the provision of the Services to you by advice cyborg is, in the opinion of
advice cyborg , no longer commercially viable.

(d) Subject to local applicable laws, advice cyborg reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without
notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts advice cyborg ‘s name or reputation or violates the rights of
those of another party.

  1. Indemnity
    (a) You agree to indemnify advice cyborg , its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered
    or arising out of or in connection with Your Content;
    (ii) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so; and/or
    (iii) any breach of the Terms.
  2. Dispute Resolution
    (a) Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not
    commence any Tribunal or Court proceedings in relation to the dispute, unless
    the following clauses have been complied with (except where urgent
    interlocutory relief is sought).
    (b) Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
    Terms, must give written notice to the other party detailing the nature of the
    dispute, the desired outcome and the action required to settle the Dispute.
    (c) Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties ‘) must:

(i) Within 60 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(ii) If for any reason whatsoever, 140 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the ACFA or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator
as a pre-condition to the mediation commencing. The Parties must each
pay their own costs associated with the mediation;
(iv) The mediation will be held in Victoria, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 260 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.

  1. Venue and Jurisdiction
    (a) The Services offered by advice cyborg is intended to be viewed by residents of
    Australia. In the event of any dispute arising out of or in relation to the Website,
    you agree that the exclusive venue for resolving any dispute shall be in the
    courts of Victoria, Australia.
  2. Governing Law
    (a) The Terms are governed by the laws of Victoria, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way
    relating to the Terms and the rights created hereby shall be governed, interpreted
    and construed by, under and pursuant to the laws of Victoria, Australia, without
    reference to conflict of law principles, notwithstanding mandatory rules. The
    validity of this governing law clause is not contested. The Terms shall be binding
    to the benefit of the parties hereto and their successors and assigns.
  3. Independent Legal Advice
    (a) Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent
    legal advice and declare the Terms are not against public policy on the grounds
    of inequality or bargaining power or general grounds of restraint of trade.
  4. Severance
    (a) If any part of these Terms is found to be void or unenforceable by a Court of
    competent jurisdiction, that part shall be severed and the rest of the Terms
    shall remain in force.