Terms and Conditions
Welcome to our terms and conditions, which apply to your use of the our Website. By
accessing this Website, you agree to be bound by them.
Definitions
“Conditions” means these terms and conditions: “Personal Information” means any
personal details provided by you via the Website; “User(s)” means (a) user(s) of the
Website either collectively or individually, as the context requires;
“We/us/our/Company” means CENTRUM FINANCE SOLUTIONS, “Website” means
this website any subsequent website which may replace it; and “You/your” means
you as a user of the Website.
1 Access
We will provide you with access to the Website in accordance with these Conditions.
2 Your Obligations
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree
to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality of the
Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of
any person, firm or company (including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any
Users arising out of that User’s use of the Website, then you will pursue such right,
claim or action independently of and without recourse to us.
3 Indemnity
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims,
liability, damages, losses, costs and expenses, including legal fees, suffered by us
and arising out of any breach of the Conditions by you or any other liabilities arising
out of your use of the Website, or the use by any other person accessing the
Website using your PC or internet access account.
4 Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of)
with or without notice to you and you confirm that we shall not be liable to you or any
third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the
Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any change to the
Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is
subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website due to circumstances beyond our control.
5 Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other
websites or resources. You acknowledge and agree that we are not responsible for
the availability of such external sites or resources, and do not endorse and are not
responsible or liable, directly or indirectly, for the privacy practices or the content
(including misrepresentative or defamatory content) of such websites, including
(without limitation) any advertising, products or other materials or services on or
available from such websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external sites or resources.
6 Monitoring
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or attaching
conditions to your access and/or removing any materials from the Website).
7 Your Data
7.1 We respect your personal information and undertake to comply with applicable
Australian Law legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court order, to provide
your Personal Information and/or information concerning your activities whilst using
the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use
of the Website in relation to any, or any threatened, Court Proceedings in connection
with your use, or the use of anyone under your control, of the Website whether in
connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 Intellectual Property And Right To Use
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the Website
shall remain at all times vested in us or our licensors. You are permitted to use this
material only as expressly authorised by us.
8.2 The Website Copyright is reserved by us.
9. Notices
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Level 2, 2.06/25-27 SOLENT CCT NORWEST NSW 2153, Australia
9.1.2 by email to admin@centrumfinance.com.au
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent
within 7 working days of our receipt and should be retained by you.
10. Limitation Of Liability
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE
ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS
ACCURACY.
10.2 The Website is provided on an “as is” and “as available” basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether express or implied, in relation to the Website, or products or services offered
on the Website whether by us or on our behalf (including free software downloads)
including but not limited to, implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or usage or
trade.
10.3 Unless specified in separate terms and conditions related to a particular product
or service, we make no warranty that the Website or products or services offered on
the Website whether by us or on our behalf (including free software downloads) will
meet your requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Website or the server that makes it available or
products or services offered on the Website whether by us or on our behalf (including
free software downloads) are free of viruses or bugs or are fully functional, accurate,
or reliable. We will not be responsible or liable to you for any loss of content or
material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under Australia law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage
connecting to the Website through a third party’s hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent misrepresentations) or
otherwise out of or in connection with the Website or products or services offered on
the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not
such losses were within the contemplation of either of us at the date on which the
event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or employees.
11 Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the remaining
provisions of the Conditions.
12 Waiver
Nothing shall be construed as a waiver by us of any preceding or succeeding breach
of any provision.
13 Survival
Each provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
14 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or oral,
between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these Conditions. You
confirm that, in agreeing to accept these Conditions, you have not relied on any
representation save insofar as the same has expressly been made a representation
in these Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save that your
agreement contained in this Clause shall not apply in respect of any fraudulent
misrepresentation whether or not such has become a term of these Conditions.
15 Law
The Conditions will be exclusively governed by and construed in accordance with the
laws of the State of New South Wales whose Courts will have exclusive jurisdiction
in any dispute, save that we have the right, at our sole discretion, to commence and
pursue proceedings in alternative jurisdictions.
16 Force Majeure
16.1 Where the Company is unable to carry out any obligation under the contract
due to any circumstance, matter or thing beyond its reasonable control (“force
majeure”) the Company shall be excused from such obligations to the extent of such
prevention, restriction or interference so caused;
16.2 The Company shall use all possible diligence and reasonable endeavours to
remove the force majeure.
17 General
17.1 The failure of the Company to insist upon or enforce strict performance of any
of these Terms and Conditions will not be construed as a waiver of any right or
remedy of the Company in respect of any existing or subsequent breach of these
Terms and Conditions.
17.2 If any provision of these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any court of competent jurisdiction,
then such provision shall be severed and the remaining provisions shall survive and
remain in full force and effect and continue to be binding and enforceable.