Terms
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Updated on 01 May 2009
By using www.moneysavingmaster.com.au , you acknowledge your acceptance, without modification or limitation, to this Terms and Conditions Agreement (“Terms and Conditions” or “Agreement”). If you do not agree to all of these Terms and Conditions, you may not access, view, obtain services from, or otherwise use the www.moneysavingmaster.com.au (the “Site”). By your use of this Site, you agree that: 1. You have read, understood and agreed to abide by all of the Terms and Conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference;
The term "User" refers to you as a "Visitor" to this Site. Exempt from License To the extent that Money Saving Master is exempt from holding an Australian Financial Service Licence pursuant to the Corporations Act 2001 (Cth) Section s911A(2)(eb), Money Saving Master provides general information ONLY on tips for saving money and thereby its sole and principle purpose is NOT the provision of financial product advice (see section below). General advice only Any information displayed on this Site or provided by Us is general advice only. We are not licensed to and will not provide any personal advice as to whether a product or a service may fit into your saving objectives or overall financial plan or is otherwise suitable for you. INFORMATION, ADVERTISEMENTS OR CONTENT ON THIS SITE HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY. THIS SITE DOES NOT CONTAIN OR CONSTITUTE ANY LEGAL, FINANCIAL, ACCOUNTING, TAXATION, OR OTHER PROFESSIONAL ADVICE AND SHALL NOT BE RELIED UPON AS SUCH. This Site contains general information about various products and services that help the general public to save money. Information may be related to, but not limited to, broadband, mobile phones, home loans, credit cards, insurance products, personal loans, savings accounts, online shopping and travel and transport. Money Saving Master recommends that you seek independent professional advice before acting on any information on this Site or about any product in light of your particular financial situation and particular investment needs and objectives. Before making any investment decision on the basis of any advice, articles, reports, documents or information provided by Us you should obtain and carefully carry out your own research into the accuracy, reliability and completeness of this information. Any performance figures such as rate of return or interest rates that may be quoted on this Site are past performance. Past performance is not indicative of future performance. Approved Products The list of products and services we provide information on is not an exhaustive list of the opportunities that may be available. These financial products or services are significantly based on tips for saving money and ONLY meet our product selection criteria. Money Saving Master:
Calculator Money Saving Master shall provide Users with tools like calculators (“Calculators”) on the Site for use of calculating figures, rate of returns, or home loan interest payments etc. These tools are provided for illustrative purposes ONLY and neither take into account the investment objectives, particular needs or financial situation of any Users nor provide financial or investment advice or recommendations. The results produced by the Calculators should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have. You must understand that this Calculator must be deemed for general use ONLY and may not fit any particular purpose or scenario. Email Newsletter & Surveys Money Saving Master sends a weekly e-newsletter that is by subscription only. The intent of this newsletter is for general money saving tips and news only. The content of this newsletter is proprietary and may not be copied or reproduced without approval from Money Saving Master. This Site and issues of the e- newsletter may contain a survey. The survey is solely for informational purposes and primarily contains sets of ‘multiple choice’ questions. Participation in such surveys is voluntary, but if you do participate, you can vote only once per day. Copyright, trademarks and intellectual property All items on this Site are copyrighted by Money Saving Master, its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. Reproduction or republication is strictly prohibited without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorised their use on this Site only. Other products and company names mentioned in the Site may be the trademarks of their respective owners. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of Money Saving Master, affiliate or any third party. All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Site are trademarks or service marks of Money Saving Master. You agree not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Site is strictly prohibited without prior written approval by Money Saving Master. Limitations on use You may bookmark or point to a page within the Site for personal and non-commercial use only, subject to the restrictions outlined above and below. You must not:
User's Code of Behavior - Forum Rules You agree that you will not upload or transmit any communications or content of any type to the Site or public areas such as Forums which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other User from using and enjoying the Site; (ii) is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarises, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; (ix) violates local, state, national or international law, or (x) contains chain letters or pyramid schemes. Should you represent any organisation or company, you must disclose the name of your company while posting any information on the Site. When you post reviews/feedback or any information, you must comply with the internal policies and legal/contractual requirements of your company in relation to public disclosure of information, communication, and privacy standards. We will not be held responsible for displaying such information. You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions; and that you will indemnify Money Saving Master or its affiliates for all claims resulting from content you supply. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY USERS, US OR ANY OTHER THIRD PARTIES ON THE SITE OR IN CONNECTION WITH THIS SITE. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON THE SITE AND ARE NOT RESPONSIBLE FOR ANY UNLAWFUL, OFFENSIVE, INAPPROPRIATE, OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH ANY USER CONTENT OR THIRD PARTY CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. Only one User identity is granted per email address. You are not allowed to create multiple user names by using multiple email addresses or registering identities that are deliberately used to mimic other identities or post spam or undesirable content. Money Saving Master reserves the right to remove the access of these user names that contravene these guidelines. User Names and Passwords Users are required to choose usernames and passwords to have access to password-protected areas such as Forums. The supplied username and password may only be used by that User only and may not be distributed or shared with other individuals or Users. Usernames and passwords may be revoked at anytime at the sole discretion of Money Saving Master and such a decision shall be final. Links to/from Third Party Sites This Site contains links to third party sites. your access to these sites is at your own risk; Money Saving Master is not responsible for the contents, changes, updates, or other links contained in a linked site. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Us of the Site. Any third party desiring to link to the Site must link to the Site's homepage located at www.moneysavingmaster.com.au. No one may link to any other page of this Site without Our prior written consent. Australia Only This Site is for Australian residents only. This Site has not been constructed with any other country in mind. References are to Australian dollars unless otherwise specified. If you are a resident in any other country, you will need to check whether you are entitled to access this Site. We do not accept any liability arising from you accessing this Site outside Australia. Source of information The information on this Site has been obtained from sources which We believe to be reliable and accurate at the date of publication. However We, do not warrant the accuracy, reliability, completeness, correctness, or timeliness of the information, software, text, graphics, links, communications provided on or through the use of the Site. Any opinions expressed to be made by or on behalf of Money Saving Master are Our judgment at the time of writing and are subject to change without notice. Privacy Money Saving Master is committed to providing the highest quality of information within a trusted environment. Please read Our Privacy Policy to understand how your personal information will be treated when you access this site. Remuneration and Commission Received All information and services provided by Us to you is free. We may receive remuneration or commissions from companies, including financial institutions, or providers of information that We display on this Site. If you click through on a link from this site to another site, We may benefit from this click. If you then choose to apply for and are approved for a product We may receive further benefit. The remuneration or commissions We earn vary greatly between providers of products. However the remuneration or commissions we receive does not, in any way, impact the product or service you receive, or the fees, rates or commissions you are charged by the company offering the products. Third Party Advertising The Site also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to linked websites). The display of such advertising does not in any way imply an endorsement or recommendation by Money Saving Master of the relevant advertiser, its products or services or any such linked website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law We take no responsibility for third party advertisements nor do We take any responsibility for the goods or services provided by Our advertisers or for any interaction between you and the relevant third party and/or advertiser. You agree to release Money Saving Master from any liability arising out of or in any way connected with any purchases or interaction. General Disclaimer MONEY SAVING MASTER PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY INFORMATION, OR ANY OTHER REFERENCE IS PROVIDED "AS IS" AND “AS AVAILABLE BASIS” AND MONEY SAVING MASTER FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS. MONEY SAVING MASTER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. When using the Site, information will be transmitted over a medium that may be beyond Our control and jurisdiction. Accordingly, We assume no responsibility for any defect, error, omission, interruption, deletion, theft or destruction, delay in operation or transmission, communications line failure, unauthorised access to your computer system or network or unauthorised access to, or alteration of, any User communication. Limitation of Liability MONEY SAVING MASTER SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT MONEY SAVING MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. Indemnification In the case of any violation of the Terms and Conditions, Money Saving Master reserves the right to seek all remedies available by law and/or in equity for such violations. The User agrees to indemnify and hold harmless Money Saving Master at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including legal fees) and other costs relating to (i) breach of any of these Terms and Conditions by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. No Partnership or Agency The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Money Saving Master as a result of use of the Site. Governing Law This Agreement is governed by, and construed in accordance with, the laws of the State of New South Wales (Australia) without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. Modification Money Saving Master Pty Ltd may without notice, amend the terms and conditions of accessing this Site at any time by posting an amended version of these Terms & Conditions. You agree to be bound by any amended Terms and Conditions and acknowledge that We do not have any obligation to notify you of any changes. General The above Terms and Conditions of Service constitute the entire and only agreement between you and Money Saving Master on the matters described, and supersede all previous versions. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of Us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Site. To the fullest extent permitted by applicable law, no trial by jury or claim under these Terms and Conditions shall be joined to any other trial by jury or claim, including any trial by jury or claim involving any other current or former User of the Site, and no class action trial by jury proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose.
If you would like to request additional information regarding these Terms and Conditions or send us any queries, please contact us at Money Saving Master, PO Box 789 Freshwater, NSW 2096 FORUM ‘BEST- ENTRY’ WINNER Money Saving Master shall in each week, choose the best/most appropriate Forum Entry from amongst the entries posted by Users in the same week. The best entry winner shall be awarded a Wish card gift voucher of A$50. The term "Entrant" refers to any User who posts an entry to the Money Saving Master Forum. Terms
Ownership Each Entrant retains ownership of and title to all intellectual property rights in and to the entry that Entrant had made. As a condition of entry, the Entrant hereby grants Money Saving Master perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, reproduce, publicly perform, publicly display any entry that Entrant submits to the Forum solely for the purposes of allowing Money Saving Master to evaluate the entry for purposes of the contest, information within the Site/Forum and to advertise, display or otherwise promote Money Saving Master. Privacy All information collected will be treated in a manner consistent with Money Saving Master’s Privacy Policy, available by accessing the following URL: http://www.moneysavingmaster.com.au/privacy.html. This includes sharing information about Entrants with affiliates who are prize suppliers. By no means will the Entrant’s entry and all accompanying personally identifiable information be used for any other purposes, other than for information within the Site/Forum, promotion and advertisement of Money Saving Master and/or contest related purposes.
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