Website Terms of Use

General terms and conditions of use

(a) The website www.connectted.com.au (Site) is operated by Connect Ted Limited ACN 153 669 848 (Site Owner). A reference to the Site Owner includes its agents, contractors, employees and officers.
(b) As consideration for allowing Browsers (You, Your) to view the Content on the Site, Browsers agree to the following General Terms and Conditions of Use (Terms of Use).
© The Site Owner also referred to as "We" and "Our" provides Browsers with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms of Use.
(d) By viewing the Content and using the Facilities, Browsers acknowledge and agree that they have had sufficient opportunity to read and understand these Terms of Use, that they are legally able to agree to be bound by them and that they are over the age of eighteen (18) years old.
(e) If You do not agree to these Terms of User, please leave this Site immediately.
By clicking on “Agree” / checking the “Agree” box below, You confirm that You agree to the following General – Terms and Conditions of Use.
1.2 Definitions
In these Terms of Use unless the context or subject matter otherwise requires:
Browser means a person viewing the Site that includes Users and Professionals.
Credit Activity means an activity described by section 6 of the National Consumer Credit Protection Act 2009 (Cth).
Connection means a process initiated by a User, using the Site’s Facilities to request that a Professional contact the User after the User consents and provides their contact information to a Professional electronically.
Content means all written material, Videos (either provided by the Site Owner or Third Parties) accessed by Browsers and all the works shown in physical form on the Site including without limitation all text, alt tags, feedback, graphics, photographs, trademarks, logos, sound, music, artwork and computer code.
Facilities means any features available on the Site which enable the Content to be used by Browsers of Content.
Parties means the parties to these Terms of Use which include the Site Owner, Browsers, Users and Professionals.
Professional means a buyers agents, mortgage and finance brokers, insurance brokers, independent financial advisors, accountants, real estate agents and stock brokers.
Professionals Terms means the terms and conditions of use that apply to the provision of listings on the Site by a Professional.
User means a person that may connect to a Professional by creating an account on the Site and has the same meaning as defined by section 5 of the National Consumer Credit Protection Act 2009 (Cth).
User Account means an account created by a Browser or a Professional enabling them to access enhanced features of the Site.
2. Warranties by the Site Owner
(a) The Site includes an online directory of Professional’s businesses that have registered with the Site Owner to list Content on their business.
(b) The Site allows Browsers to review Content on listed Professionals and the Site Owner may show results of those reviews.
© The Site Owner:
(i) is a Referrer as defined by section 25(5)National Consumer Credit Regulations 2010 (Cth);
(ii) has not been banned from engaging in a Credit Activity under an State or Territory law, or part 2-4 of the National Consumer Credit Protection Act 2009 (Cth);
(iii) facilitates the Connection between Users and Professionals in exchange for the fees payable by Professional as listed at Terms of Business – Professionals.
(iv) is not a Credit Provider as defined by section 6 of the National Consumer Credit Protection Act 2009 (Cth);
(v) does not provide Credit, or engage in the provision of Credit Activities and does not act as licensee representative of the Registered Person of the Professional that is shown on the Site.
(vi) connects Users with Professionals pursuant to an exempted Credit Activity described in Section 25(5) of the National Consumer Credit Regulations 2010 (Cth);
(vii) connects Users with Professionals as incidental to the carrying on of its business which is the provision of a Directory listing service for promotion of the Professionals businesses via its Site;
(viii) does not conduct business from any other address other than that provided on the Site;
(ix) provides Users with information about the Credit Activities or class of Credit Activities provided by Professionals pursuant to the listing information provided by Professionals; and
(x) does not make any representation about the quality of suitability of the services provided by the Professionals listed on the Site.
3. Requesting a Connection
(a) When making a Connection request, Users consent to the following information being provided to the selected Professional:
(i) their name;
(ii) their contact information;
(iii) a short description of the purpose for which they may want a provision of credit or a consumer lease; and
(iv) information about their borrowing capacity as provided by the User because of their use of a borrowing calculator on the Site.
(b) The Site Owner does not charge Users to make a Connection with a Professional but receives fees from the Professional per Connection request initiated by a User.
3.2 Disclaimer of Warranties
(a) The Site Owner believes that all information contained on the Site is correct. However the Site Owners does not warrant that the Content is accurate or reliable and the Site Owner disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any Browser through relying on anything contained in or omitted from the Site or through the use of the Site.
(b) The Content on the Site is subject to copyright. Apart from fair dealing permitted by the Copyright Act 1968 (Cth), the Site Owner grants Browsers permission to download and display its copyright material only for private purposes. For reproduction or use of the Content beyond such uses, permission must be sought directly from the Site Owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the Content is reproduced or quoted, in whole or in part.
3.3 Member Account and Password
(a) Browsers will create their own password during the registration process. Browsers agree to maintain the confidentiality of their password, and are responsible for liability and damages resulting from their failure to maintain that confidentiality and all activities that occur through the use of their account and password. Browsers are expressly prohibited from sharing their account details with third parties.
(b) The Site Owner may limit, cancel, suspend or terminate a Users Account without notice to the User and without providing a reason if it is suspected that a User is breaching these Terms of Use or are of the opinion that a User’s use of an account may be a breach of a third party’s intellectual property rights.
© Users consent to the Site Owner sending them emails in relation to their membership of the Site or services provided by the site.
(d) Users Agree not to hold the Site Owner liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account.
3.4 Use of Content
(a) All visitors to the Site are free to browse each of its pages and the online directory. However, to view the contact details of any of the Professionals and businesses listed in the directory, Browsers will be required to register by providing when asked to do so, Your email address and a password You wish to use.
(b) Browsers will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Site’s Content, without Our express written permission, other than to copy name, address and telephone number details of businesses or experts referred to on the Site, such details are to be for Your own personal use only and not for the purposes of any financial or economic gain.
© While You may download Content from the Site for Your own personal non-commercial use as set out above, You will not and must not distribute, modify, transmit, reuse, repost, or make use of any such Content in any way whatsoever for any other purpose without Our express written permission.
(d) You will retain all copyright and other proprietary notices contained in any downloaded Content from the Site in all copies made by You of that Content in any medium whatsoever and You will not remove or attempt to remove any copyright or proprietary notices from any such copy at any time.
(e) Images of people or places displayed on the Site are either owned by, loaned by or licensed to the Site Owner. You agree that You will not and must not make any copies of these images or make any use of those images for any reason other than Your own personal non-commercial use. You acknowledge that unauthorised use of any such images may violate intellectual property rights of third parties and that You may therefore incur liability to those parties as a result of any such use.
(f) Copyright, trade mark rights and all other rights in all Content and information contained on the Site are either owned, on loan or licensed to us.
(g) You acknowledge and agree that You will not use the Site or the information and Facilities contained on the Site, nor allow nor cause any of the same to be used, in any unlawful way, or for any illegal purpose, or in any manner that infringes the Site Owners or any third party’s rights.
(h) We reserve the right to ban permanently and/or notify the appropriate authorities of any person who uses, or attempts to use, Our Site for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
(i) In addition, You agree that You will not:
(i) data mine or conduct automated searches on the Site or the Content on the Site, whether through the use of additional software or otherwise;
(ii) incorporate any of the Content on the Site with any other material, including advertising or promotional material;
(iii) create links from the Site to any other Site on the Internet, nor frame nor mirror the Site without Our prior written consent;
(iv) use the Site or any facilities available on the Site to defame, harass, threaten, menace or offend any person;
(v) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any Content on the Site;
(vi) knowingly transmit any virus, worm or other disabling feature to or via the Site;
(vii) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(viii) violate the security or any security measures of the Site nor that of any of Our systems and networks;
(ix) access any data on or from the Site which is not intended for you;
(x) probe, scan or test the vulnerability of the Site or any of Our systems or networks;
(xi) interfere with service to any other User of the Site;
(xii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or
(xiii) use the Site or any Facilities available on the Site for any activities, nor transmit to or via the Site any information or materials (including submitting ads), which:
I. breach any laws or regulations;
II. breach these terms;
III. infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
IV. are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
V. are false or misleading;
VI. are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
VII. identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless You have obtained that person’s authority; nor
VIII. attempt to do, nor permit another person to do, any of the above acts.
4. Use of Forums
4.1 Disclosure and Warnings to people who view postings
Any information posted on the Site has been prepared without taking into account your objectives, financial situation or needs. Therefore, You should before acting on the information or advice, consider the appropriateness of the information or advice in relation to your objectives, financial situation or needs. Please be aware that any information posted on our Site is not financial product advice.
(a) The Site Operator does not endorse or vouch for the accuracy or authenticity of any of the posts in the forums on the Site;
(b) no one is permitted to make postings on Connect Ted in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder;
© postings are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:
(i) consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and
(ii) visit ASIC’s consumer website at MoneySmart for general guidance about investing;
(iii) Users making postings are individually responsible for the accuracy and authenticity of their postings;
(iv) because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
(v) you will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the postings;
(vi) securities cannot be offered to you for sale or issue through postings on the Site; and
(vii) it is advisable that you alert Connect Ted or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.
4.2 Disclosure and Warnings to Users making postings on Connect Ted
(a) You are personally responsible for your postings (including any alterations that you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using this Site. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
(b) if You include hyper-links to other sites, You may be seen as endorsing the material on such sites. It may be advisable to You to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
© if You own or have some other interest in a security, or You have any connection with a securities issuer that You might benefit from, You must disclose that fact. For example, You may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or You may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, You must disclose that fact in your posting; and
(d) if the Site Owner finds or reasonably suspects that you are making illegal or unauthorised postings, Your right to make postings will be withdrawn.
(e) no one is permitted to make postings on Connect Ted in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder.
(f) By accepting these Terms of Use you confirm that you will not make postings in your capacity as a representative of an AFSL Holder or an authorised representative of an AFSL Holder.
5. Provision of information relating to reviews
(a) If You choose to review any of the Professionals listed in the online directory at the Site, We will ask You a number of questions. Users warrant that You will be truthful and will act reasonably in the provision of those answers.
(b) Subject to the other terms of these Terms of Use, We warrant that We will keep Your personal contact details confidential if You provide them to us as part of the review process.
© It will not be a breach of the above clause for Us to use the details You have provided in any legal action We may take against You for infringement of any of Our rights.
(d) We do not warrant that any or all of Your review or answers will be published or considered on the Site. It is within Our sole and unfettered discretion whether We choose to take Your review and/or answers into account in updating any data on the Site.
(e) Any communication or material that You transmit to or post on the Site by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and You grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose We see fit.
(f) You will not and must not post or transmit to the Site any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws.
5.2 Site Content by Professionals
Content on the Site may contain general information about the Site Owner, Our products and services, and those Professionals that have agreed to list their details on the Site. Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into any legally binding contract; and
(b) does not form part of the terms and conditions for any of Our products and services nor those of any of the other businesses referred to in the Site.
© We do not endorse or approve any Content posted in any advertising (other than advertising We have posted about ourselves or Our products and services) on the Site and We will not be responsible or liable in any way for the Content or accuracy of any such advertisements. We cannot guarantee the screening of any Content posted on the Site prior to publication.
(d) None of the views expressed at any time on the Site are intended to convey any belief on Our part nor on the part of any of Our employees, servants or agents that any of the businesses referred to on the Site or any of those businesses owners, employees, servants or agents has any intention other than to provide the highest quality goods and/or services to its customers. If any views expressed on the Site appear to You to convey any such belief, please let us know immediately and We will rectify the situation as soon as possible.
6. Copyright take down procedure
The Site Owner aims to remove all Content as soon as reasonably practical after We are notified that it may be a breach of copyright, other intellectual property rights, is defamatory or otherwise claimed to be offensive or illegal. To notify us of a claimed infringement of Copyright please send a notification to:
office@connectted.com.au or
PO Box4366
Springfield QLD 4300, Australia
that includes the following information:
(a) the alleged Content in which copyright is claimed and its location on the Website;
(b) information about the complaining party (Complainant) including for example:
(i) address;
(ii) telephone number (land line and mobile); and
(iii) email address;
© an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing Content;
(d) identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Us to locate the Content;
(e) a statement that the complaining party has a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing. Users and Professionals acknowledge and agree that if the Site Owner receives a notice of a claim of copyright infringement, We must immediately remove the Content from the Site without further notice to the person that uploaded it.
6.2 Notification of other Intellectual Property Breach
To notify us of Content that You believe should be removed from the Website other than because of alleged Copyright infringement, please send an email to:
office@connectted.com.au or
PO Box 4366
SPRINGFIELD QLD 4300, Australia
7. Disclaimers, Releases and Indemnities
(a) Browsers, Users and Professionals acknowledge that You access the Site and its Content at Your own risk and are responsible for compliance with the laws of Your jurisdiction and these terms.
(b) While the Site Owner has made every effort to ensure that the Content on the Site about Professionals and their services is free from error, We do not warrant the accuracy, adequacy or completeness of that information.
© We do not check the credentials of any of the Professionals listed in Our directory and We therefore do not warrant that the information in those listings, nor anywhere else on the Site, is free from error, adequate, complete or suitable for any particular purpose. All implied warranties are excluded to the extent permitted by law.
(d) All information is subject to change without notice. If relying on the Content, We recommend that You seek independent advice before acting upon any Content contained on the Site.
(e) We reserve the right to remove any Content posted on the Site regardless of whether it was posted by a User or a Professional.
(f) We do not guarantee that the Site will be free from viruses, nor that access to the Site will be uninterrupted.
(g) We do not warrant the safety or accuracy of, and do not necessarily endorse the Contents of, any third party Sites to which links have been provided on the Site. If You do link to any third party Sites from the Site, You agree and acknowledge that You are doing so at Your own risk.
(h) We do not represent or warrant that the Content on the Site complies with the laws of any country outside of Australia. If You access the Site and materials from outside Australia, You do so at Your own risk.
8. Disclaimer of liability
(a) In consideration for being given access to the Site, You release and forever discharge the Site Owner from all and any liability to You of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever (adverse consequences) arising directly or indirectly out of:
(i) use by You or any other person of the Site or any of the links provided in the Site;
(ii) reliance by You or any person upon information contained in or downloaded from the Site; or
(iii) provision by You or any other person of, or any information for, any or proposed listing in the online directory at the Site, even if any such adverse consequences also arise in whole or in part from negligence on the Site Owners part.
(b) The Site Owners liability for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at the Site Owners sole option, to:
(i) the supply of the relevant goods or services again; or
(ii) payment of the cost of having the services supplied again or repaired.
© We may terminate the terms and conditions in this Agreement and/or Your access to the Site at any time without notice at Our sole discretion. All restrictions, licences granted by You and all disclaimers and limitations or liability by us will survive termination of this agreement, although You will no longer be authorised to access the Site.
(d) You will be liable for and indemnify the Site Owner jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising directly or indirectly out of any of:
(i) Your use of the Site or any of its Contents (whether or not provided by You);
(ii) any breach by You of these Terms of Use;
(iii) any actual or alleged breach by You of any law, legislation, regulation, by-law or code of conduct caused by any listing posted on the Site;
(iv) any claims brought by or on behalf of any third party relating to any act or omission by You caused by any listing placed on the Site; or
(v) any listing or any proposed listing posted by You on the Site.
(e) We reserve any rights not expressly granted in these Terms of Use.
9. General provisions
9.1 Severance
If any of these terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
9.2 Jurisdiction
Browsers submit to the non-exclusive jurisdiction of the courts of Queensland, Australia for the purpose of resolving any disputes pursuant to this agreement.
9.3 Waiver
If We do not act in relation to a particular breach by You of these Terms of Use, this will not be treated as a waiver by Us of Our right to act with respect to subsequent or similar breaches. If You do not act in relation to a particular breach by us of these Terms of Use, this will not be treated as a waiver by You of Your right to act with respect to subsequent or similar breaches.
9.4 Relationship of the Parties
This Agreement does not create or evidence a partnership, joint venture, a fiduciary relationship or the relationship of principal and agent between the Parties.
9.5 Waiver
The non-exercise of or delay in exercising a right of a Party shall not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by Notice, signed by the Party (or its authorised representative) to be bound by the waiver.