1.1 These terms and conditions (‘Terms’) apply to the use of our services (‘Services’) accessible through our website located at www.findmyba.com.au (the ‘Website‘).
1.2 The Website and Services are operated by The Trustee for Find My BA Unit Trust (ABN 24 216 279 442) of Victoria 3004, Australia (the ‘Company’).
1.3 Access to and use of the Website or related Services is subject to these Terms, whether you navigate as a visitor or are logged in as a registered user. Please read these Terms carefully.
1.4 The Company reserves the right to revise and modify the Terms by updating this page at its sole discretion. When the Company updates the Terms, any modification to the Terms takes effect immediately from the date of publication.
By using, browsing and/or reading the Website, you represent that you have read, understood and accepted to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue your use of the Website and the Services.
3.1 The information, opinions and other similar statements and content published on the Website are provided for general information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification and seeking your own independent advice.
3.2 The Company, including its directors, agents or employees, do not accept and by these Terms are released by you of any liability to you, arising (whether directly or indirectly) out of the information provided on the Website or by anyone else through the Website or any errors in, or omissions from the information on the Website.
3.3 The Company does not make any representation or warranty that:
a. any user is reputable, or will act in good faith, or according to their terms of engagement;
b. any information contained within the Website will be complete, reliable or accurate; or.
c. your access to the website will be secure, available or uninterrupted.
3.4 The Company will not be liable for loss arising out of (whether directly or indirectly), and for action or decision by you, in reliance on any information provided through the Website or provided by any business you engage on the Website, nor any interruption, delay or impairment in the functioning, operation or availability of the Website, exposure to or transmission of any computer virus, internet access difficulties, or malfunction in equipment or software.
3.5 As a user of the Website, you should make your own inquiries and obtain independent advice based on your specific circumstances before making any decisions and before acting or relying on information set out on or provided through the Website or provided by any business you engage on the Website.
4.1 As a condition of your use of the website or any service provided by the Company, you warrant to the Company that you will comply with the following:
a. you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or guidelines in the relevant jurisdictions;
b. you are solely responsible for safeguarding the confidentiality of your password and/or e-mail address. The use of your password by another person may cause the Services to be cancelled immediately;
c. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any security breach of which you have become aware of; and
d. access and use of the Website are limited, non-transferable and allow for the sole use of the Website by you for the purposes of the Company providing the Services; and
e. any automated use of the Website or its Services is prohibited.
4.2 Although this is not a comprehensive list, you warrant to the Company that you will not:
a. use the Services or the Website in any commercial activity, except as expressly approved or approved in writing by the Company;
b. use the Services or Website for any illegal and/or unauthorised use and/or for any purpose that is prohibited by these Terms and you agree to abide by all applicable laws and regulations;
c. use the website to offend others (as judged in the Company’s sole opinion);
d. publishing or otherwise disseminating information that is unlawful, obscene, defamatory, offensive or inappropriate (in the absolute opinion of the Company);
e. post nude, partially nude, pornographic, sexually suggestive photos, violent, discriminatory, hateful, unlawful or infringing content via the Website;
f. stalk, bully, abuse, threaten, harass, defame, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person’s credit card information, non-public phone numbers or non-public email addresses.
g. participate, encourage participation or promote unsolicited contests, pyramids scheme, surveys, chain letters, spam or email on the website or use automated scripting tools or software; or.
h. make available, using the website, any material you do not have a right to make available, or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware.
4.3 You agree that any commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.
4.4 You acknowledge and agree that appropriate legal actions may be taken by the Company for any illegal or unauthorised use of the Website.
4.5 The Company has no obligation to monitor your or anyone’s use of the Website. However, the Company reserves the right at any time to monitor, store and disclose any information necessary to comply with any applicable law, regulation, legal process or governmental request.
5.1 As a user of the Website, you must provide the Company with complete, up to date and accurate information as requested and it is your responsibility to inform the Company of any changes to that information.
5.2 All personal information you provide to the Company as a user will be treated in accordance with the Personal Information & Privacy Policy detailed here.
5.3 The Company reserves the right to modify or remove any general information you submit to the Website to improve the services it offers to you and other users of the Website.
6.1 By using the Website, you acknowledge and agree to abide by the following:
a. The Company is not involved in the actual transaction between business users and customers who contract their services after having been established through the Website;
b. The Company has no control over the quality, safety or legality of the content posted on the Website by any user, the truth or accuracy of any posting, the ability of businesses to provide services or the ability of customers to buy services. We cannot censor and do not guarantee that a client or professional user will actually carry out a transaction or act legally using the website;
c. The Company may send emails and notices regarding the status of your matters and your user account. Our emails and notifications are not warranties or endorsements of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by any of the users of the Website.
6.2 If you have a dispute with one or more users of the Website, you release the Company (and its directors, agents, contractors, affiliates, subsidiaries, and employees) from all claims, demands, losses and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
6.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.4 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, relevancy or currency of any information contained on the Website, the Services or any product related to the Services (including third party materials and advertisements on the Website);
c. costs incurred due to your use of the Website, the Services or any of the Company's products; and.
d. the Services or operation in respect to links that are provided for your convenience.
7.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content or your use of the Website;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
c. any breach of the Terms.
7.2 You indemnify and release the Company and its directors, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages, of every kind and nature, including reasonable solicitor’s fees, made by you or any third party, due to or arising (whether directly or indirectly) out of your breach of these Terms or your violation of any law or any rights of a third party.
8.1 The Company excludes all conditions and warranties that may be implied by law.
8.2 As a user of the Website, you expressly agree and acknowledge that in no circumstances will the Company be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by the Company) out of or in connection with:
a. The Website;
b. the use or access to or any inability to use or access the Website or any material on the Website;
c. unauthorised access to your user account, or internet transmissions or data; or
d. statements or conduct of any third party on the Website.
8.3 You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (either directly or indirectly incurred), any loss of goodwill or commercial reputation, and any other intangible loss.
9.1 The Website, the Services and all of the related products of the Company are subject to copyright. The material on the Website is protected by copyright under the Australian law and through international treaties.
9.2 Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services, are owned or controlled for these purposes and are reserved by the Company or its contributors.
9.3 All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, which grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a registered user of the Website to:
a. use the Website according to the Terms;
b. copy and store the Website and the material contained on the Website in your device's cache memory; and
c. print pages from the Website for your own personal and non-commercial use.
9.4 The Company does not grant you any other rights whatsoever concerning the Website or the Services. All other rights are expressly reserved by the Company.
9.5 The Company retains all rights, title and interests in respect of the Website and all Related Services. Nothing you do on or in relation to the Website will transfer any:
a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
b. a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or to you or the process).
9.6 You may not, without the prior written permission of the Company and the permission of any other relevant rights’ owners - broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change the Services in any way or third party Services for any purpose, unless otherwise allowed by these Terms. This prohibition does not apply to Website documents that are freely available for reuse or published in the public domain.
10.1 Subject to clause 10.2, you retain all the rights in and to the content that you submit or post on or through our website. 6
10.2 By submitting and posting your content on our Website:
a. you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free and transferrable licence to use, reproduce, publish, modify, display or communicate to the public your content;
b. you consent to our disclosure of your content, including your personal information, to our users and suppliers; and
c. you agree that we and our users or suppliers may use your personal information to send you information about products and services that, in our opinion, may be of interest to you. You can unsubscribe from receiving this information at any time by emailing us at hello@findmyba.com.au
10.3 Our use of your personal information will be governed by our Personal Information & Privacy Policy detailed here.
11.1 Without limiting other remedies available to the Company at law, in equity or under this Terms, the Company may, in its sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:
a. you breach these Terms or the Company’s Personal Information & Privacy policy;
b. The Company is unable to verify or authenticate any information you provided; or,
c. The Company believes your actions may cause legal liability to you, the Company users or the Company.
12.1 The Company may, in its sole discretion, terminate your use of, or access to, the Website at any time. If this happens, we may notify you by email.
12.2 If your use of the website is terminated:
a. you are no longer authorised to access the Website or use any other of the Company’s services with the email address you used to register with the Website or any other email address you possess;
b. you will continue to be subject to and bound by all restrictions imposed on you by these Terms; and
c. all licences granted by you and all disclaimers by the Company and the limitations of the Company’s liability set forth in these Terms or elsewhere on the Website, will survive.
13.1 We make a considerable investment in staff and technology to help answer customer enquiries. Our staff will endeavour to handle enquiries from registered users of the Website according to the following policy:
a. We will attempt to respond to email enquiries within 2 business day of the first contact made by a customer by email to hello@findmyba.com.au.
b. Technical or product development suggestions may be considered for future software upgrades.
c. All other enquiries are reviewed by our customer support representatives and may be escalated to a manager for resolution if required.
d. We reserve the right not to respond to customer enquiries that offend our employees or agents.
e. We reserve the right not to respond to enquiries made by individuals who, in our opinion, are not current users of the website, or have been suspended from using the website.
14.1 Unfortunately, we may not get things right all the time, and as part of our commitment to providing quality service, we endeavour to resolve all Consumer Complaints quickly and fairly.
14.2 All complaints will be handled according to the following process:
a. We will confirm the receipt of complaints by reply email within 2 business day of the first contact made by email to hello@findmyba.com.au.
b. Following appropriate investigation and consideration we will provide a final response to you, within 30 calendar days, detailing any proposed action; and
c. If you are not happy with our response or how the complaint has been handled, you may be able to raise a complaint with your local state or territory consumer protection agency or the ACCC.
15.1 The Company will make reasonable efforts to resolve any dispute concerning the parties' use of the Website.
15.2 Disputes concerning the services carried out by a business user or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
15.3 Any controversy or claim arising out of or in connection with these Terms may, at the Company discretion, be settled by binding arbitration through a commercial dispute resolution centre selected by the Company. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
The Company may from time to time and at any time change or discontinue any feature of the Website including content, hours of availability and equipment required for access.
17.1 The Company may display advertisements, which may or may not include hyperlinks or buttons that lead you to websites operated by third parties. The Company neither approves nor recommends its advertisers, their products or services, or the information, products or services of any website related to the website.
17.2 If you contact a third party through the website, including via email, The Company accepts no responsibility for any actions taken by that third party in connection with you as the user.
18.1 The Terms are governed by the laws of Victoria, Australia.
18.2 Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby, shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
18.3 The validity of this provision is undisputed.
18.4 The Terms are binding on the parties as well as their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.