1) Rights Granted Under This Licence
This agreement grants you the right to access Finverso® Site (the ‘Site’). Your access to, use of, linking to the Site, use of software or downloading software on the Site (collectively, your ’Access’) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (’General Conditions’). Your Access to the Site constitutes your agreement to be bound by the General Conditions. Profit Guardian Pty Ltd (the ‘Company’) reserves the right to amend the General Conditions at any time and you should periodically refer to them on this page and elsewhere on the Site.
2) Ownership of content on the site
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade mark on the Site (’Content’) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, reverse engineer, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with the express prior written consent of the Company. These obligations survive the term of this Licence and the termination of your usage of the Site.
4) Changes in content
The Company reserves the right to improve the content and functionality of the Site from time-to-time. This may include changes to methodology when deemed appropriate in the context of continuous improvement. Notification of such changes will be at the discretion of the Company and maintained in a ’Change Log’ which you are encouraged to review.
5) Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other propriety notices and all advertisements). Finverso® does not warrant that the use of the site will be uninterrupted or error free. It is possible that on occasions the site may be unavailable to permit maintenance or other development activity to take place.
It is the responsibility of the Subscriber to formulate a password policy or a set of rules designed to enhance computer security. The Company strongly encourages the Subscriber to employ strong passwords and to keep these secure and confidential.
7) Ownership of Data Title to, and all Intellectual Property Rights in the data, remain your property. However, your access to the data is contingent on full payment of the Finverso® subscription when due. You grant Finverso® a licence to use, copy, transmit, store, and back up your information and data for the purpose of enabling you to access and use the Site and for any other purpose related to you.
8) Backup of Data
Systems backups are automatically undertaken daily for the Company by various Hosting Providers. Finverso® adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of data. Finverso® expressly excludes liability for any loss of data no matter how caused. Specific questions from you about data security and storage are welcome at any time.
9) Site Use
You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any rights of the Company or which is prohibited by the General Conditions.
Use of the Site may be subject to limitations, including but not limited to, the number of businesses entered by your subscription and optional services available by separate arrangement.
10) Commercial Use
You must only use the Site and Content for lawful commercial purposes by first subscribing to the Site or obtaining the express written authority of the Company. You may use the Site on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized, and that all persons for whom or to whom services are provided comply with and accept all the general conditions that apply to you.
Subscription is one month minimum. Your billing period will be monthly, commencing on the date of initial payment with payments & invoices processed monthly thereafter until such time as cancelled by you.
A tax invoice will be receipted to your subscribed e-mail address. Any amount paid by you is on a strictly non-refundable basis. No refunds will be issued by the Company for any reason whatsoever. The Company has the right to review and change subscription fees at any time.
12) Subscription (Plan) Downgrade
A subscriber’s circumstances may change over time. Set out below are some examples of such circumstances and the Company’s policy in response.
Circumstance 1: A subscriber / organisation’s Advisory or Smart Valuations plan renewal fails.
Policy: If the subscriber / organisation accesses their account post-expiry (following initial grace period) they will be reverted back to free Performance plan and inclusions. Contact will be made to discuss plan renewal failure.
Circumstance 2: The organisation is subscribed to either the Advisory or Smart Valuations plan. They decide to downgrade to Performance plan.
Policy: When they next access their account, they are unable to access all of Finverso’s features, limited to Performance plan inclusions only.
13) Disclaimer and Limitation of Liability
The Content and mechanism of the Site is derived from sources believed to be accurate and current. However, neither the Company or it’s directors, officers, agents, employees or contractors (‘Personnel’):
(a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
(b) warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
14) Community pages
As some areas of this site are ’User or Community supported/maintained’, the Company cannot be held responsible for any inaccuracies in these areas. Please check any accompanying comments and versions.
(a) You must rely on your own judgement as to the suitability of the Site. You must rely on your own professional accounting and financial advice services. Neither the Company nor it’s Personnel will be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your Access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation. In no event will the Company or it’s Personnel be liable to you for any damages, including loss of profit or other incidental or consequential damages arising out of your use or failure of or fault in the Site and/or it’s content.
(b) The Company will not be liable for any loss arising out of or in connection with the giving of any express or implied warranty or guarantee, making a representation, failing to give an appropriate warning or engaging in misleading and deceptive conduct relating to the financial circumstances or situation (including, without limitation, any actual, historical, anticipated, forecast or projected financial return) of any entity.
In the case of goods or services supplied or offered by the Company or it’s Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at the Company’s option to either:
(a) the supply of the goods (or equivalent goods) or services again; or
(b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
You must indemnify and hold harmless the Company and it’s Personnel and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.
Furthermore, the Company is not liable to indemnify you in respect of any claim directly or indirectly based upon, attributable to, or in consequence of loss, damage, distortion or erasure of information in consequence of the manner of storage, handling or transportation of electronically stored information or data.
18) Links to other web sites
The Site may contain links to third party sites (’Linked Sites’). Linked Sites are not under the control of the Company and the Company is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (‘Subsequent Link’). The Company provides these hyperlinks to you as a convenience only and the inclusion of any link does not imply an endorsement of the Linked Site by the Company or it’s personnel. Your link to any Linked Site or Subsequent Site is entirely at your own risk.
19) Intellectual Property
Title to, and all Intellectual Property Rights in the Site and any documentation extracted therefrom remain the property of the Company or associated persons. Where a trade mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Site should be construed as being a licence or right of use of any trade mark displayed on the Site.
20) Governing Law
These General Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
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