Last updated: 2 April 2017
Introduction
For the purposes of this agreement the words “bestfind.com.au”, “We”, “Our” and “Us” refer to Financial Independent Press Pty Ltd trading as bestfind.com.au (ABN 80 618 465 991), and “Site” to materials and services delivered via the website located at the domain name bestfind.com.au and other co-branded versions of that website.
For the purposes of this Agreement “Financial Institutions” will mean banks, credit unions, friendly societies, mortgage brokers, insurance companies, insurance brokers, financial planners or anyone involved in financial services that is party to a referral agreement with bestfind.com.au.
These terms and conditions of use (“Terms“) should be read carefully by users of the Site (“You“) prior to accessing or using the information and services available through the Site.
bestfind.com.au provides the information and services on the Site in accordance with these Terms together with any additional terms, conditions, notices or disclaimers placed on the Site from time to time. Your access to and use of the information, materials and services provided on the Site is conditional upon Your acceptance and compliance with these Terms. Your use of the Site means that You accept all of these Terms. If You do not agree with these Terms, You should leave the Site and discontinue use of any services provided by bestfind.com.au immediately.
These Terms apply whether You are a visitor (which means that You are just browsing the Site) or a registered member (which means You have registered on the Site). In this document when we refer to You we refer to both visitors and members.
bestfind.com.au reserves the right to amend, modify, add to or delete any of these Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms on the Site. bestfind.com.au also reserves the right to make changes to the content or layout of the Site at any time without notice.
Additional terms on the Site
n addition to these Terms important notices have been posted on the Site. Your use of the Site means that You also accept the terms, conditions, notices, disclaimers and policies posted on the Site, or in documents posted on the Site and that such documents are included in the definition of Terms, and form part of the Terms. bestfind.com.au reserves the right to modify these notices at any time.
The additional terms include, but are not limited to:
- Privacy Policy – for our overall approach to privacy
- Financial Services Guide – in line with obligation as a Corporate Authorised Representative of TBA Pty Ltd (AFSL #)
Intellectual Property
All the material displayed on or available on this Site, including content, data, information, tables, reports, articles, tools, text, designs, graphics, layouts, names, logos, email communications, and all the underlying source code and software, is owned or used under license by bestfind.com.au, and is protected by copyright, trademark and other intellectual property laws. You agree not to infringe any intellectual property rights owned by bestfind.com.au. All of bestfind.com.au’s rights in this regard are reserved.
Licence of our service
bestfind.com.au grants You a non-exclusive, revocable, non-transferable licence to use its software on a server controlled by bestfind.com.au, for the sole purpose of accessing and obtaining information from the Site pursuant to the Terms.
When You use the Site, You may cause our software to send a request to third party providers for information regarding products and/or services. You acknowledge and agree that when You access and collect information from the third-party sites using our software, You do so on Your own behalf and that You have not appointed us to act as Your agent. We simply make our service and software available to You by which You may access such third-party sites.
You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from this Site including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by bestfind.com.au. bestfind.com.au reserves the right to add, remove or vary any source code or software.
Information for personal use only
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose, without bestfind.com.au’s express permission. You may download material from this Site for Your personal, non-commercial use only, however all of bestfind.com.au’s intellectual property rights must be maintained.
You must not use this Site for any purpose that is unlawful or prohibited by these Terms.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on Your own website or in any other publication, except with our prior written consent.
Information does not represent personal financial, professional advice or credit assistance
bestfind.com.au does not provide personal financial, professional advice or credit assistance. You agree that any information published on the Site is of a general nature only and should not be relied upon as a substitute for personal financial advice or professional advice. We strongly recommend that You seek independent advice before You apply for any product or service, which is described on the Site.
bestfind.com.au is a Corporate Authorised Representative (######) of TBA Pty Ltd (“TBA”). TBA (AFSL No. ######) has authorised us provide general financial product advice and to arrange and deal in financial products.
bestfind.com.au is authorised to carry on a financial services business to provide general financial product advice and to deal in financial products to retail and wholesale clients. Any content on the Site which constitutes general advice, including information and data, ratings and reviews, or other tools or content, does not take into account Your individual investment objectives, financial circumstances or needs. You must consider Your own individual circumstances before acting on any of the information provided on and available from the Site. Please refer to bestfind.com.au’s Financial Services Guide for more information.
As part of bestfind.com.au’s Australian Credit Licence bestfind.com.au makes available factual information that is sourced from credit providers. bestfind.com.au is in no way providing or intending to provide credit assistance to you by suggesting or assisting you apply for, remain in, or increase your credit limit with a particular credit provider. If bestfind.com.au refers you to a credit provider or provider of credit assistance you will be dealing directly with them and not bestfind.com.au.
You agree that content on the Site does not constitute financial, taxation, accounting, legal or other professional advice and will not be relied upon as such.
You should always obtain a Product Disclosure Statement (“PDS”) relating to any product You are considering acquiring directly from a Financial Institution offering the product and You should consider that PDS prior to making any decision about whether to acquire the product.
Accuracy of information on the site
Where we collect information such as rates, pricing and product information we make every effort to ensure that all information displayed on the Site is accurate and we will correct any errors or omissions as soon as practicable after being notified of them. We collect the information displayed on the Site from a variety of sources, including directly from the providers of the products or services and from our own research. We do not guarantee that the Site will be fault free or that all of the information displayed will be completely accurate and we accept no liability whatsoever for any errors of omissions.
You should therefore use the Site as a general information service only, and ensure that You obtain accurate and up to date information directly from the applicable Financial Institution before making a decision to apply for or acquire products or services. To the extent permitted by applicable law, bestfind.com.au disclaims all warranties, representations (whether express or implied) and responsibilities about the reliability, accuracy or completeness of any information contained on the Site. Your use of the Site is at Your own risk. In no event will bestfind.com.au be liable to You or anyone else for any financial decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Site.
Third party providers’ products and services
You can apply for a third-party providers’ products and services using hyperlinks on the Site which will connect You to the relevant Financial Institution or by completing an inquiry referral form requesting follow up contact. The majority of products and services that are displayed on the Site are not provided by bestfind.com.au and are provided by third parties over whom bestfind.com.au has no control. You should satisfy yourself that You wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. You should obtain further information from the third-party providers, and You should not rely solely on the information supplied on our Site.
The third-party providers’ products and services that are outlined on the Site, (which may include the products or services of a Financial Institution) are only an invitation for You to exchange and not an offer capable of forming a binding contract with bestfind.com.au or the relevant Financial Institution. In addition, the state or country in which You reside or do business may have particular laws which render the information provided inapplicable to Your specific situation. At all times You should seek further information directly from the Financial Institution in order to make a decision to enter into a binding contract with them.
Featured products, product endorsements or recommendations of third party Financial Institutions
bestfind.com.au does not specifically recommend or endorse any particular product, provider or service.
The links or inquiry referral forms to Financial Institutions provided on the Site do not represent a recommendation or endorsement from bestfind.com.au for that institution’s product, or an endorsement that the general information that we have provided on the Site is completely up to date and accurate. You should therefore obtain all accurate and up to date information directly from the Financial Institution before making a decision to apply for or acquire their product or services.
Third party advertising or sponsorship
On the Site we also have advertising and sponsorship from third parties. These are paid for by the relevant third-party advertisers and are not recommendations or endorsements by bestfind.com.au for the products and services which they are advertising. You should seek to obtain all accurate and up to date information directly from the third party before making a decision to apply for or acquire the product or services.
Links to other websites
bestfind.com.au provides links to other websites. These might be links to Financial Institutions as described above, links to third party advertisers as described above, or links to other internet sites which we think You might find useful. You acknowledge that we may receive a commission or a fee for transferring You to other websites.
Links to other websites are provided for Your convenience. We do not control these other websites and are not responsible for the content or accuracy of the information or other material on these websites (including the accuracy, legality or decency), or of any linked site or any link contained in a linked site. Unless expressly stated on this website, the provision of a link to an external website does not constitute a recommendation, endorsement or approval of that website or any of the products or services on that website. bestfind.com.au is not responsible for the copyright compliance of any linked site. We will not accept any liability for any damages of loss arising in any way out of or in connection with Your access, use or reliance of those websites.
Use of Personal Information and Privacy Policy
bestfind.com.au takes Your privacy seriously, and strictly adheres to the Australian Privacy Principles. We will only collect personal information that is necessary for us to provide You with the functions that we offer on the Site or as required by law.
You are able to gain access to the personal information that we hold about You by contacting us at any time.
We collect Your personal information to enable You to use certain features of the Site which are available by completing an inquiry referral form. In addition, You can also opt in to receive news, alerts, surveys and special offers from bestfind.com.au. You can unsubscribe from this service at any time.
You grant bestfind.com.au the right to use the personal information which You supply us in order to effectively provide our services to You. You acknowledge and consent to the disclosure by bestfind.com.au to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of Your identity or other personal information provided by You to bestfind.com.au, upon bestfind.com.au being requested to do so by that law enforcement agency.
bestfind.com.au may delete Your personal information and terminate Your user registration if You have violated these Terms, with or without prior notice, and without liability.
For further details of how we collect, use, disclose and store Your personal information, please refer to our “Privacy Policy”. The Privacy Policy is incorporated into these Terms by this reference.
Our rights to use information You send us
bestfind.com.au welcomes ideas and feedback from You about all aspects of the Site. You agree that bestfind.com.au may reproduce, distribute, transmit, create derivative works of, use for Site enhancements, use for commercial purposes, and publicly display any materials and other information (including ideas for new or improved products and services) that You submit to any public areas of the Site (such as bulletin boards, forums and newsgroups), submit via our feedback form, submit via a user survey, or submit to us via email or any other form of communication.
Contact information
If You elect to provide personal information to bestfind.com.au, You will need to supply us with accurate, complete and up-to-date personal information so as to be supplied with the services offered to registered users.
bestfind.com.au will not be responsible if You do not receive important notifications due to inaccurate personal information or Your failure to notify us of changes to Your personal details. Correspondence from bestfind.com.au will be sent to You via the contact email address that You provide us. bestfind.com.au waives any responsibility for correspondence not being received at this address.
It is Your responsibility to immediately advise us of any change to Your contact email address or other personal information.
Reliance on service
bestfind.com.au provides no guarantee or warranty to You that the services available through its Site will be, free from variation, uninterrupted, error-free, secure, or that defects in the service will be corrected. Whilst bestfind.com.au will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. bestfind.com.au is not responsible for any problems or technical malfunction with the Internet, with the Site, or a combination thereof.
bestfind.com.au will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the services provided by bestfind.com.au. These include, but are not limited to, complex networks that do not allow network traffic through to bestfind.com.au servers including proxy servers, terminal services or ISP issues, and software conflicts on a user’s machine, not allowing the bestfind.com.au code or software to be installed, used or accessed.
Security of information
While bestfind.com.au takes all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on bestfind.com.au systems or on bestfind.com.au’s Site. bestfind.com.au cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. bestfind.com.au disclaims all liability to You to the greatest extent possible pursuant to law should this occur.
Limitation of Liability
Without affecting any of Your statutory rights that cannot be lawfully excluded, bestfind.com.au, its officers, employees, agents and contractors will not be liable in any way to You or anyone else for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity (irrespective of whether direct, indirect, secondary or consequential), however it arises (whether in contract, tort including negligence, under statute or otherwise), arising from Your use of or in connection with Your use of the Site, even if we have been advised of the possibility of such damages. This includes any products or services obtained from third parties after Your use of our site.
Notwithstanding anything to the contrary contained herein, bestfind.com.au’s liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to bestfind.com.au for the bestfind.com.au services during the term of Your use of the Site.
Indemnity
To the extent permitted by law, You indemnify and agree to keep bestfind.com.au indemnified against any loss or claim arising out of Your use of the Site, Your completion of an inquiry referral form, or bestfind.com.au’s provision of Your personal information to any third party in connection with Your completion of an inquiry referral form.
You agree to indemnify and hold bestfind.com.au, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of Your representations and warranties set forth in these Terms and/or if any content that You post on the Site or through the Site services causes bestfind.com.au to be liable to another.
Warranties
Certain legislation (including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic)) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (“Statutory Warranties”). Subject to the Statutory Warranties and to any other warranties specifically given by bestfind.com.au, all conditions, warranties and other provisions which might otherwise have been implied into these Terms or otherwise in relation to the Site, are excluded.
You specifically acknowledge that all data, information, code and software used to provide the services on the Site may have errors. bestfind.com.au makes no warranty as to the accuracy or completeness of data, information, code and software on the site or related publications.
Notice
You agree to promptly inform bestfind.com.au of any breach by You of these Terms and of any conduct of any other person which You think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.
General Provisions
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
The failure of bestfind.com.au to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The content of this Site is directed solely at those who access the site from Australia. We make no representation that any product or service referred to in this Site is available or otherwise suitable for use outside of Australia. The laws governing this agreement will be the laws in New South Wales, Australia and You irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.
bestfind.com.au may modify these Terms at any time and such modification will become effective upon positing on the Site. You agree to be bound to any changes to these Terms when You use the Site after such modification is posted.
