Terms & Conditions
Contract
Access to and use of www.spotterlife.com.au (Spotter Life) and the services available through the Spotter Life) are subject to the following Terms and Conditions. These Terms and Conditions create a legal and binding contract between You and Us. Your continued use of the Spotter Life website constitutes an affirmative acknowledgement and agreement by You that You accept and agree to abide by and be bound by these Terms and Conditions and any subsequent modifications.
Parties
The words ‘You’ and ‘Your’ refer to users of the Spotter Life. The material on Spotter Life is published by Us and is intended for use in Australia. Spotter Life is not intended for use outside Australia. We make no claim that the information contained on Spotter Life is appropriate or may be downloaded legally outside Australia. If You access Spotter Life from outside Australia, You do so at Your own risk and You are responsible for compliance with the laws in Your respective jurisdiction.
Privacy
Your privacy and security is important to Us. Refer to our Privacy Policy for information about how We handle personal information We hold about You
Warranty content and access
While Spotter Life endeavors to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law Spotter Life disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
Spotter Life does not guarantee that access to Spotter Life will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses Spotter Life or any data on such a computer.
Use of the Spotter Life is limited to using the functions and applications that We make available from time to time in accordance with these Terms and Conditions or any additional Terms and Conditions applicable to specific applications.
You agree that in using the Spotter Life You will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on the Spotter Life, or any of the information, content or data contained within or accessible through the Spotter Life, without Our prior written permission. Further You agree not to use any process to aggregate or combine information, content or data contained within or accessible through the Spotter Life with information, content or data accessible via or sourced from any third party. In addition, you agree not to use any information on or accessed through the Spotter Life for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You also agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Spotter Life, or copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Spotter Life without Our prior written permission.
Content
We are not responsible, and do not accept liability, for any content available on the Spotter Life provided to Us by third party content providers, fund managers or financial services, or other providers.
You release Us from any liability, in contract, tort (including negligence), equity or under statute, for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, arising out of or in connection with, any content on the Spotter Life provided to Us by third party content providers, fund managers or financial services, or other providers.
Your continued use of the Spotter Life constitutes an acknowledgement and agreement by You that You accept and agree to abide by and be bound by these Terms and Conditions and any subsequent modifications.
General Warning
You acknowledge and agree that the Spotter Life provides a ‘no advice’ service. We do not make any recommendations or endorsements of financial products or their suitability for You. All information contained on the Spotter Life is factual information or general advice only and does not take into account Your objectives, financial circumstances or needs. If You are not comfortable with making Your own financial decisions You should contact a licensed financial adviser. You should always read the Product Disclosure Statement (PDS) of any financial product before investing in that financial product.
Spotter Life accepts no responsibility for the information contained in any PDS. The product issuer, and not Spotter Life, is responsible for the content of the disclosure documents. Spotter Life does not endorse or guarantee the performance of any financial products or make an offer or recommendation with respect to any financial product.
Insurance Products
Any information or advice contained on this website is general in nature and has been prepared without taking into account your objectives, financial situation or needs. Before acting on any information or advice on this website, you should consider the appropriateness of it (and any relevant product) having regard to your circumstances and, if a current offer document is available, read the offer document before acquiring products named on this website. Please note our advice does not include independent financial, legal and taxation advice prior to acquiring a product.
Trademarks and Copyright
All trade names, brand names, trade symbols, logos, slogans, trademarks or services marks are trademarks or proprietary interests of Spotter Life. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogans, trademarks or service marks indicated on the Spotter Life that are the property of their respective owners.
You may download, display, print and reproduce the material available on the Spotter Life in unaltered form only (retaining this notice) for Your personal, in-house or non-commercial use. You may not copy, re-transmit, distribute or commercialise the material without Our permission. For any other proposed use, You must contact Us for formal permission.
Offering of Financial Products
You agree, when acquiring financial or other products through Spotter Life, to receive Financial Services Guides, Product Disclosure Statements and any other disclosure document, electronically via email or by accessing the document online, at the Spotter Life or at another website We direct You to.
You agree to complete the relevant application forms for any product You wish to acquire.
Financial products will be allocated at the discretion of the offering company and the underwriter (if applicable) in accordance with the Corporations Act and the disclosure document. Credit products will be offered subject to the terms and conditions of that product and the lender’s assessment policies and procedures. We cannot guarantee that applicants will successfully receive an allocation, a financial product.
Unless otherwise specifically stated or disclosed Spotter Life has not been involved in the preparation of, nor has it authorised or caused the issue of, any Disclosure Documents offered or made available to you via www.spotterlife.com.au or otherwise by or on behalf of Spotter Life.
Unless otherwise specifically stated or disclosed, none of the information in any Disclosure Document constitutes, and must not be construed as, an offer or recommendation of financial products by Spotter Life. Nor is it an invitation by Spotter Life to you to deal in financial products.
Financial Services Guide
In accessing the Spotter Life You acknowledge You have been given the opportunity to receive, download and ask questions about the Spotter Life Financial Services Guide.
Liability
To the maximum extent permitted by law, We disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability (including contract, tort (including negligence), equity or statute) arising out of or in connection with
- Use of the Spotter Life, or the inability to use the Spotter Life by any party;
- any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
- line or system failure or the introduction of a computer virus, or other technical sabotage; or
- Any content on the Spotter Life, including content published by Us, You or other users.
Indemnity
You indemnify Us (and any of Our related bodies corporate) in respect of any liability incurred by Us (or any of our related bodies corporate) for any loss, cost, damage, expense, howsoever caused, We suffer as a result of Your negligent or wrongful act or omission or Your breach of any term, condition or warranty in these Terms and Conditions.
Links
The Spotter Life website may contain a number of links to other Internet sites which are operated by third parties. The provision of the link does not mean that We endorse or accept any responsibility for the content, use, or products and services made available through the associated web sites. By utilising these links, You acknowledge and agree that We are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that We are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should You have any questions regarding these sites, You should address them directly with the relevant site administrator.
Notices and general communications
You must notify Us of any change to Your contact details within ten business days. Any notice required to be given under this agreement will be validly given if it is sent to the last known postal address, electronic mail address or facsimile number of the other party, except where the contract expressly identifies the required delivery method. You agree to receiving emails from us about your arrangements with Us and about other products and services that We provide. Please contact Us If you do not wish to receive emails from Us about other products and services.
Variation
These Terms and Conditions of use of the Spotter Life may be varied by Us at any time by posting updated Terms and Conditions on the Spotter Life homepage.
Termination
These Terms and Conditions of use of the Spotter Life may be terminated by You without notice to Us. We may terminate these Terms and Conditions immediately if You have breached these Terms and Conditions. We may terminate these Terms and Conditions by giving you 30 days written notice if we determine in our reasonable opinion that the services offered through the Spotter Life may no longer be provided in an economically viable manner.
Notice may be given in writing electronically by email.
Law
This agreement is governed by the law in force in the state of Victoria, Australia. Any dispute arising in connection with these Terms and Conditions or in connection with Your use of this site which cannot be resolved by good faith negotiations between Us shall be referred to mediation or to arbitration. However, We reserve, at Our absolute discretion, Our right to instigate legal proceedings prior to negotiation, arbitration or mediation against any individual, organisation or entity, who in Our opinion has acted in breach of these Terms and Conditions.
