Welcome to the Empros website operated by Empros (ABN: 63 650 602 136) (“we” or “us” or “our”).
User Account means an account to use the Service created for you during the registration process for the Service.
User Content means the data and other content which is uploaded to the Website by you when using the Service.
Force Majeure means any event caused by occurrences beyond our reasonable control, including acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken or any labour, telecommunications or other utility shortage, outage or curtailment.
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other rights (including moral rights) resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
Personal Information has the meaning given to that expression in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Australia).
Services means the financial education services accessible via a User Account and which are more completely described on the Website. For the avoidance of doubt, the Services include but are not limited to the podcasts available on the Website.
Website means the website, through which you will access the Service, which is currently accessible through: https://empros.com.au (and includes all related web pages, sub-pages and URLs).
(a) the singular includes the plural and vise versa;
(b) a reference to any legislation includes any statutory modification or re-enactment of; and any subordinate legislation issued under, that legislation or legislative provision;
(c) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
(f) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(g) headings are for ease of reference only and do not affect interpretation; and
3. Legal Arrangements
3.1 We want to keep our legal arrangements with you as straightforward as possible.
4.1 We use SSL encrypted browsing (the same encryption you use for internet banking) for all logged-in users, but we cannot guarantee that all use will be secure.
4.2 We back up all the data on the Website on a daily basis.
4.3 However, we take no responsibility for loss of data.
4.4 Please ensure that you back up all your data.
4.5 We take no responsibility for malicious activity that might result from using the Service.
4.6 Do not upload any information to the Website that you would not want to email and ensure you have the latest antivirus and malware protection software installed on your computer.
5.1 Except where expressly stated otherwise, all ideas, concepts, know-how, data-processing techniques, data compilations, software, documentation, trademarks, trade secrets, copyright and inventions comprising the Software are owned by us or our licensors.
6.1 We will use all reasonable commercial efforts to ensure that the Service works for you.
6.2 However, we do not guarantee that the Service will be up and running 24/7.
7. User Content
7.1 You are responsible for all User Content uploaded to the Website via your User Account.
7.2 You warrant that you comply with the Privacy Act and that all consents necessary to collect, store, use and transfer Customer Content, including any Personal Information included in the Customer Content, and that it:
(a) will not violate or infringe upon the rights (including Intellectual Property Rights) of any other person;
(b) will not contain a virus or other harmful component; and
(c) will comply with the Content Standards and any other guidelines notified to you from time to time on the Website.
7.3 You are responsible for, and must adopt reasonable measures to limit your exposure to, the potential loss and damage of Consumer Content, including secure storage of the source material.
7.4 We expressly exclude liability for any loss of Consumer Content no matter how caused.
8. Content Standards
8.1 While we respect your rights to use the Service for a wide variety of purposes we do impose minimum content standards.
8.2 These standards require that any content you upload to the Website must not:
(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) contain sexually explicit or pornographic material;
(c) promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
(f) mislead or deceive any person;
(g) promote any illegal activity, or advocate, promote or assist any unlawful act;
(h) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(i) be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organisation;
(j) be spammy and not contain any virus or other malware; and
(k) give the impression that they emanate from us or any other person or entity, if this is not the case.
8.3 We do not review any material before it is uploaded to the Website and rely on you and our other users to respect these standards.
9. Rights to Use Service
9.2 This use right entitles you to use the Service for personal, non-commercial, educational and entertainment purposes.
10. Use of Service
10.2 You must not:
(a) use the Service in a manner or for a purpose which is unlawful, immoral or fraudulent;
(b) use the Service in a manner or for a purpose which infringes any person’s rights (including Intellectual Property Rights);
(c) use the Service in a manner or for a purpose which restricts or interferes with the provision of the Service by Empros to any other user;
(d) copy, reverse engineer, reverse assemble or reverse compile all or part of the Service;
(e) gain or attempt to gain unauthorised access to the Service, computer systems or networks connected to the Service, through any means; or
(f) resell the service (in any manner) or use the Service to provide a bureau style service.
10.3 You must make your own precautions to ensure accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
10.4 We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Service.
11. Service Availability
11.1 You acknowledge and agree that, from time to time the Service or the Website may be unavailable to you in order to allow us to maintain the Service or the Website or undertake development activity.
11.2 We may temporarily limit or suspend the availability or part of the Service if is necessary for reasons of public safety, security or maintenance of the Service, inoperability of services, data protection or to perform work that is necessary for operational or technical reasons.
12.1 From time to time some of our users choose to support the Website by making financial contributions. Such contributions are entirely voluntary and are made as a gift to Us.
12.2 If you choose to make such a gift, you acknowledge and agree that any funds may be applied at Our complete discretion to maintain or improve the Website, the Services, or for any other purpose.
12.3 If you choose to make such a gift, you acknowledge and agree that this gift does not confer on you any rights or privileges.
13. Intellectual Property
13.2 You must not dispute or challenge the entitlement of us to the Intellectual Property Rights in the Service or join any third parties to challenge or contest the validity of those Intellectual Property Rights.
13.3 You must notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Service.
13.4 No right, title or interest in or to the Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved.
14.2 All information contained on the Website is for education and entertainment purposes only. It is not intended as a substitute for professional financial, legal or tax advice. We are not financial professionals and are not aware of your personal financial circumstances. Before making any financial decisions you should read the relevant Product Disclosure Statement (PDS) and, if necessary, consult a licensed financial professional.
14.3 We make no representation or warranty:
(a) that your use of the Service will be error-free, uninterrupted or compatible with your equipment and software configurations;
(b) that the Service will be fit for your purpose; or
(c) that use of the Service will improve your financial performance or profitability.
14.4 You agree that:
(a) the provision of, access to, and use of, the Service is on an “as is” basis and at your own risk;
(b) among other things, the operation and availability of the systems used for accessing the Service, including telecommunication services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service; and
(c) it is your sole responsibility to determine that the Service meets the needs of your business and is suitable for the purposes for which it is used.
15. Suspension and Termination
15.1 We may without notice suspend your access to the Service if:
(b) we reasonably believe that your access and use of the Service will cause technical incapacity to the Service which will continue unless access or use is suspended.
15.2 We will act promptly to restore access when it is satisfied that the reason for suspension has been removed.
15.3 You may not object to any delay in restoring access to the Service when a suspension is lifted.
15.4 In addition, and without prejudice to any other rights or remedies we may terminate your use of the Service as follows:
(a) By giving the other 14 days written notice of termination; or
(b) Immediately upon giving notice to you if we become or threaten to become subject to any form of insolvency administration.
15.6 On termination you must immediately stop accessing and using the Service.
15.9 No waiver of any default on any one occasion constitutes a waiver of any subsequent default.
15.10 No single or partial exercise of any right, power or privilege precludes the further or full exercise of such right, power or privilege.
15.14 Each of us and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
16. More Information
16.1 If you have any comments, questions or communications please contact us at email@example.com