Terms and conditions

TERMS AND CONDITIONS

FOR PURCHASE OF THE SPENDSHIFT SAVINGS GUIDE

SpendShift Enterprises Pty Ltd ABN 22 689 089 610

IMPORTANT NOTICE: The SpendShift Savings Guide (as defined below) provides general information only and does not constitute financial advice, investment advice, or any recommendation. We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth). You should seek independent professional advice from a qualified financial adviser before making any financial decisions. By purchasing and downloading the Guide, you acknowledge that you have read, understood and accepted these terms and conditions.

1. INTRODUCTION

1.1 These terms and conditions (Terms) apply when you purchase and download our digital savings and money management guide (Guide) through our website (Website).

1.2 In these Terms, references to “SpendShift”, “our”, “we” or “us” are references to SpendShift Enterprises Pty Ltd ABN 22 689 089 610. References to “you” or “your” are references to the purchaser of the Guide.

1.3 By clicking “I accept”, “Agree” or any similar button or checkbox at the point of purchase, or by otherwise completing your purchase of the Guide, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not purchase or download the Guide.

1.4 We may update these Terms from time to time by posting the amended version on the Website. The version of the Terms in effect at the time of your purchase will apply to that transaction.

2. DISCLAIMER – NOT FINANCIAL ADVICE

2.1 The Guide provides general information and educational content only in relation to savings strategies and money management. The Guide has been compiled from publicly available sources of information.

2.2 The Guide does not constitute, and must not be relied upon as:

(a) financial advice;

(b) financial product advice within the meaning of the Corporations Act 2001 (Cth);

(d) tax advice;

(e) legal advice; or

(f) any personal recommendation of any kind.

2.3 We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth) or any other applicable legislation.

2.4 The Guide does not take into account your personal financial situation, objectives, or needs. Before making any financial decisions, you should obtain independent professional advice from a qualified and appropriately licensed financial adviser.

2.5 You acknowledge and agree that:

(a) the Guide is based on publicly available information and general research;

(b) SpendShift makes no guarantee, representation or warranty that you will save money, make money, generate income, achieve any particular financial outcome or otherwise benefit in any way from the information contained in the Guide;

(c) past performance, case studies, examples or illustrations contained in the Guide are not indicative of future results;

(d) you use the information contained in the Guide entirely at your own risk; and

(e) SpendShift accepts no responsibility for any financial decisions you make based on the content of the Guide.

3. PURCHASE AND DELIVERY

3.1 The Guide is available for purchase at the price of A$39.00 (or as otherwise displayed on the Website at the time of checkout) (Purchase Price), inclusive of GST.

3.2 To purchase the Guide, you must complete the checkout process on the Website and pay the Purchase Price using the available payment methods.

3.3 By completing a purchase, you represent and warrant that:

(a) you have the legal capacity and are of sufficient age to enter into a binding contract with us;

(b) you are authorised to use the payment method you provide; and

3.4 A binding contract between you and SpendShift is formed when we accept your payment and confirm your purchase. Upon successful payment, you will be provided with a link to download the Guide in PDF format.

3.5 You are solely responsible for downloading and saving the Guide once the download link is made available to you. We are not responsible for any failure to download the Guide that results from your equipment, internet connection or other circumstances within your control.

3.6 We reserve the right to reject or cancel any purchase if we reasonably believe it breaches these Terms or applicable laws, in which case we will refund any Purchase Price paid.

4. PAYMENT

4.1 All prices are stated in Australian Dollars and are inclusive of GST unless otherwise indicated. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

4.2 We may use third-party payment providers (Payment Providers) to process payment of the Purchase Price. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider. We are not liable for the security or performance of the Payment Provider.

4.3 We reserve the right to charge credit card surcharges in the event that payment is made using a credit, debit or charge card (including Visa, MasterCard or American Express), but such surcharges will not exceed our reasonable costs of acceptance.

4.4 In the event that we discover a pricing error in relation to your purchase, we will endeavour to contact you as soon as practicable. You will then have the option of purchasing the Guide at the correct price or cancelling the purchase, in which case any amount already debited will be refunded in full to your original payment method.

5. REFUNDS

5.1 Due to the nature of digital products, all sales of the Guide are final and non-refundable once the download link has been made available to you. You acknowledge that you have no right to a “change of mind” refund.

5.2 We may, at our sole discretion, offer a full or partial refund in special circumstances.

5.3 Nothing in this clause 5 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (such as a refund or replacement) if there is a failure with the goods or services we provide.

6. INTELLECTUAL PROPERTY AND LICENCE

Licence

6.1 Subject to your compliance with these Terms and upon successful payment of the Purchase Price, we grant you a limited, non-exclusive, non-transferable, revocable licence to access, download and use the Guide for your own personal, non-commercial purposes only (Licence).

Restrictions

6.2 You must not, and must not permit any third party to:

(a) reproduce, copy, distribute, republish, share, upload, post, transmit or make the Guide (or any part of it) available to any other person by any means, whether electronic, mechanical, photocopying, recording or otherwise;

(b) sell, resell, licence, sublicence, lease, rent, assign or otherwise commercially exploit or make the Guide available to any third party;

(c) modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, or otherwise attempt to derive the source content, structure or organisation of the Guide;

(d) remove, alter or obscure any copyright notice, trade mark or other proprietary rights notice contained in the Guide; or

(e) use the Guide or any part of its content to develop, produce or distribute any competing product or for any other commercial purpose.

Ownership

6.3 All intellectual property rights in and to the Guide, including but not limited to copyright, trade marks, designs, patents, moral rights, trade secrets, know-how and confidential information (Intellectual Property Rights), are and remain the exclusive property of SpendShift or its licensors. Nothing in these Terms transfers or assigns any Intellectual Property Rights to you. Your purchase of the Guide does not confer ownership of the Guide or any Intellectual Property Rights in it; you acquire only the limited Licence described in clause 6.1.

Revocation

6.4 We reserve the right to revoke the Licence granted under clause 6.1 immediately upon notice if you breach any of the restrictions in clause 6.2 or any other provision of these Terms. Upon revocation, you must immediately cease using the Guide and destroy all copies in your possession or control.

7. EXCLUSION OF WARRANTIES

7.1 To the maximum extent permitted by applicable law, the Guide is provided on an “as is” and “as available” basis.

7.2 SpendShift expressly disclaims and excludes all warranties, representations, guarantees and conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of:

(a) merchantability or merchantable quality;

(b) fitness for a particular purpose;

(d) non-infringement; and

(e) satisfactory quality, except to the extent that such warranties, representations, guarantees or conditions cannot be excluded under the ACL or other applicable law.

7.3 Without limiting the generality of clause 7.2, SpendShift does not warrant or represent that:

(a) the information contained in the Guide is accurate, complete, current, reliable or suitable for any purpose;

(b) you will achieve any particular financial outcome, savings, income or benefit from using the Guide;

(d) the Guide is free from errors or omissions.

7.4 You acknowledge that the Guide has been compiled from publicly available sources of information and that SpendShift has not independently verified all such information.

8. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by law, the total aggregate liability of SpendShift in respect of any loss or damage sustained by you in connection with these Terms, the Guide, the Website, or any goods or services provided by us, is limited to the amount of the Purchase Price actually paid by you for the Guide.

8.2 To the maximum extent permitted by law, SpendShift will not be liable to you or any third party for any:

(a) indirect, incidental, special, consequential or punitive loss or damages;

(b) loss of profits, revenue, savings, anticipated savings, business or business opportunity;

(d) any loss or damage arising from your reliance on the content of the Guide or any financial decisions you make based on such content however arising and whether in contract, tort (including negligence), statute or otherwise, except:

(a) in relation to liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

8.3 Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth). Under the ACL, you may be entitled to certain remedies (such as a refund or replacement) if there is a failure with the goods or services we provide.

9. YOUR OBLIGATIONS

9.1 In using the Website and purchasing the Guide, you must not:

(a) use the Website for any purpose other than the purpose of browsing, selecting or purchasing the Guide;

(b) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(d) use the Website with the assistance of any automated scripting tool or software;

(e) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website; or

(f) act in a way that may diminish or adversely impact the reputation of SpendShift.

10. PRIVACY

10.1 We collect limited personal information about you, primarily contact and payment details, in the course of processing your purchase of the Guide. We do not retain your payment card details; all payment processing is handled by our Payment Provider.

10.2 Our Privacy Policy, available at https://elk-oboe-e6sg.squarespace.com/config/website, contains further information about how we collect, use, disclose and store your personal information and how you can access and correct your personal information.

10.3 By agreeing to these Terms, you agree to be bound by the terms of our Privacy Policy.

11. WEBSITE

11.1 While we will use our best endeavours to ensure the Website is accurate and up-to-date, you acknowledge and agree that from time to time:

(a) the Website may contain errors or defects;

(b) the Website may not be accessible at times;

(d) any information provided through the Website may not be accurate or complete.

11.2 We reserve the right to change any information or functionality on the Website at any time without notice, including the description of the Guide and its price (subject to clause 4.4 in respect of pricing errors).

12. THIRD PARTY LINKS AND CONTENT

12.1 The Website or the Guide may contain links to third-party websites or references to third-party content. We have no control over, and accept no responsibility for, the content, privacy practices or availability of any linked third-party websites or content.

12.2 Inclusion of any link or reference does not imply our approval or endorsement of the linked website or content.

13. SECURITY

13.1 We do not accept responsibility for any loss or damage to computer systems, mobile phones or other electronic devices arising in connection with the use of the Website or the downloading of the Guide. You should take your own precautions to ensure that the process you employ for accessing the Website and downloading the Guide does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISPUTE RESOLUTION

14.1 A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings (other than a claim for urgent interlocutory relief) unless that party has complied with this clause 14.

14.2 A party requiring resolution of a dispute must give the other party written notice containing reasonable details of the dispute and requiring its resolution under this clause.

14.3 Once dispute notice has been given, each party must use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days (or such other period as agreed in writing) after the date of the notice, either party may take legal proceedings to resolve the dispute.

15. GENERAL

15.1 Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.

15.2 Waiver

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

15.3 Severance

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not affected.

15.4 Assignment

You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights or novate these Terms in whole or in part without your consent, on notice to you.

15.5 Entire agreement

These Terms (together with our Privacy Policy) embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

15.6 Notices

Any notice or other communication to a party under these Terms must be in writing and in English and delivered via email. Unless the sending party knows or reasonably ought to suspect that the email was not delivered, notice will be taken to be given 24 hours after the email was sent (or on the next business day if that period expires on a weekend or public holiday in New South Wales), or when replied to by the other party, whichever is earlier.

15.7 Interpretation

(a) (singular and plural) words in the singular include the plural (and vice versa);

(b) (gender) words indicating a gender include the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation;

(f) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(g) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(h) (includes) the word “includes” and similar words in any form is not a word of limitation;

(i) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision; and

(j) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

16. CONTACT US

For any questions about these Terms or the Guide, please contact us at:

Email: info@spendshift.com.au