Terms and Conditions
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This website is owned and operated by Futurity Investment Group Limited ACN 087648879, AFSL 236665, ACL 236665 (we or us).
These Terms and Conditions are designed to apply to any use of the Futurity website and/or the Futurity mobile application (herein collectively referred to as the Site). Use includes the Futurity Education Bond enrolment process (Online Enrolment) as well as any ongoing transactions effected through the Investor Portal, Adviser Portal, Education Lending Portal or third-party platform or otherwise (Online Portals) accessed through the Site.
Ongoing transactions include any functionality provided through the Online Portals for example, making additional contributions, switching between investment options or drawdowns (Ongoing Transactions).
These Terms and Conditions apply to all users that access the Site including Futurity members, investors, financial advisers, loan customers or any other user authorised to effect Ongoing Transactions e.g. nominated beneficiary (Authorised User) who are granted access to Online Portals.
Information provided on this website constitutes general advice only. It has been prepared without taking into account the objectives, financial situation, or needs of any particular person. Before acting on the advice, consider the appropriateness of the advice, having regard to your objectives, financial situation and needs.
You must read, agree and accept these Terms and Conditions before you use the Site.
Your consent to these Terms and Conditions
Access to and use of the Site and information, materials, products and services available through the Site are subject to all specific product terms and conditions, all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing and using the Site and any Online Portals, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement.
Changes to these Terms and Conditions
These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Site. Your continued use of the Site and/or the Online Portals after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Your consent to our Privacy Policy
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein and can be accessed at https://www.futurityinvest.com.au/privacy-policy. All personal information provided as a result of your use of the Site and the Online Portal/s will be handled in accordance with our Privacy Policy.
Third Parties’ Terms and Conditions
Other terms and conditions may govern your use of features available on the Site that are “powered by” third parties. For example, visitors may be able to take surveys or rate products accessed through the Site and ID checks may also be required for specific services. These functionalities are “powered by” third parties. This means that if you use these functionalities, you may be transferred directly to a custom website operated by a third party. These websites are governed by the third party’s terms of use and privacy policy. You should review the terms of use and privacy policies of third-party service providers before using their sites.
Ownership of the Site and Content
The Site, including all of the software and code comprising or used to operate the Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site (Content), are protected under applicable intellectual property and other proprietary laws, including without limitation those of Australia. All Content and intellectual property rights therein are either our property or the provider of the material and is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) we retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network or computer or broadcast the Content to any other party or parties or in any media.
Trademarks
All names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on the Site, unless otherwise noted, are our trademarks (whether registered or not), service marks and/or trade or business terms or a third party product/service provider (the Marks). They are and remain the property of their respective owners. You are not authorised to display or use the Marks in any manner without our/the owners’ prior written permission. You are not authorised to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade or business terms or any other materials contained herein, except as permitted herein, is expressly prohibited.
Links to other sites
The Site may contain links and/or advertisements to other websites maintained by unrelated companies or individuals. An advertisement of, or link to, an unrelated website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the products and services made available through such website. We do not investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Your Feedback
We very much want to know what our customers like and don’t like about our products and services, and welcome your comments, feedback, suggestions, and other communications regarding the Site and the information, products, and services we make available (collectively, Feedback). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Disclaimer of Warranties
We make no representations or warranties with respect to the Site, the Online Portals or the content, or any product or service available on or promoted through the Site. The Site, the Online Portals and all related content (including all user generated content) are provided for use “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, arising by statute, custom, course of dealing, course of performance or in any other way, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to the Site, the Online Portals, the content, any product or service available on or promoted through the Site, and any site with which they are linked.
Without limiting the generality of the foregoing, we do not represent or warrant that the Site, the Online Portals, servers, or any transmissions sent from us or through the Site will be free of any harmful components (including viruses). We also make no representations or warranties as to whether the information accessible via the Site, the OnlinePortals, or any site with which it is linked, is accurate, complete, or current. We are not responsible for any errors or omissions in any content appearing on the Site or the Online Portals.
We do not endorse any opinion, advice, comment or statement made on the Site by users of the Site, and user generated content does not in any way reflect the opinion, advice or statement of us. We do not provide any representations or warranties against the possibility of deletion, mis-delivery or failure to store communications, personalised settings, or other data. We do not represent or warrant continuous, uninterrupted or secure access to or use of the Site. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Exclusion of liability
We are not responsible or liable in any manner for any user generated content. Although we include strict provisions regarding user generated content in these Terms and Conditions, we do not control and are not responsible for what users post on or through the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on the Site or in connection with your use of the Site.
To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any website with which they are linked.
You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
All claims for consequential, incidental, or special damages are hereby excluded to the extent permissible under the law.
Correction of errors and inaccuracies
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have completed a transaction). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and or transaction history, including amount of contributions and fees charged. We apologise for any inconvenience this may cause you.
Modification and discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
Online Portals
The Online Portals include the ability for Authorised Users to operate or transact Futurity Education Bonds and Education Lending products via a secure portal, enabling routine changes or processes to be effected online in an efficient manner at a time that suits you (the Function).
In providing the Function however:
Restricted Transactions
There are a number of transactions that cannot be completed online, these are usually transactions that are significant in nature or expose the Account Holder to greater risk.
Should you find you are unable to complete any transactions via the Online Portals you can contact us to help you off-line.
In addition, with regards to joint accounts held by more than one Account Holder (Joint Account Holders) there are a number of transactions that cannot be completed online. Significant transactions require approval and authorisation by both or all current Joint Account Holders.
We reserve the right to revise the transactions which cannot be completed online. Your continued use of the Function after we have posted the revised terms and conditions constitutes your agreement to be bound by the revised terms and conditions.
Joint Accounts
The Function enables Joint Account Holders to authorise either or any Joint Account Holder to operate a joint account online on behalf of both or all Joint Account Holders. To access the Function on a joint account a written application signed by all Account Holders must be provided to us: it cannot be activated by application from one or less than all Joint Account Holders.
In providing the Function however:
Your obligations
In consideration of your use of the Site and/or use of the Function to effect an Ongoing Transaction or otherwise, you agree to provide true, accurate, current and complete information about yourself, and your circumstances as well as any other Authorised Users or beneficiaries.
Any account that is established for you through use of the Site or an Online Portal, including your username and password, are personal to you and may not be used by anyone else (other than in the case of a joint account and only where one username and password is provided, the other Joint Account Holder). You, or in the case of a joint account with only one username and password all Joint Account Holders, are responsible for maintaining the confidentiality of the password and username and are fully responsible for all activities that occur under the password or username by you or by anyone else using the username and password, whether or not authorised by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of the username or password, and until we are so notified you or all members will remain liable for any unauthorised use of your account.
You agree to use the Site and the Online Portals in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site or Online Portals any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorised modification, tampering or change of any information, or any interference with the availability of or access to the Site or Online Portals is strictly prohibited. We reserve all rights and remedies available to us.
You agree that in using the Site and Online Portals you will respect and will not disparage or abuse our rights or any other Authorised Users (including any other Joint Account Holder). You will not post any offers on the Site and will not divulge offers provided on the Site to third parties or post or publish them on other sites or media.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Site (including any information, materials, products or services available through the Site).
Should you notice any errors or mistakes in your account or personal information on the Site or Online Portals you will contact us and advise us of same as soon as reasonably possible.
Entire understanding
These Terms and Conditions (together with our Privacy Policy, and any click-through agreements on the Site) and if appropriate any further Terms and Conditions specific to elements of the Site contain the entire understanding between you and us with respect to use of the Site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Law and jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Victoria in Australia, without regard to conflict of law principles.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Victoria Australia, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Jurisdiction-specific restrictions
Access to, or use of, the Site or information, materials, products and/or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
Access to the Site (or portions thereof) and the use of the information, materials, products and/or services provided on the Site (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.