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Important Notice - Terms and Conditions for users of this website
These terms and conditions govern your use of this website
This website is owned and operated by SMART Compliance PTY LTD ACN 083 079 154 ("the site owner"). It is known throughout this agreement as "VRM".
By clicking an "I accept" button on this page you indicate your intention to enter into a legal relationship with the site owner and acknowledge that you have read and understood these terms and conditions and agree to be bound and abide by them, as amended from time to time.
Should the site owner ever propose an amendment to these terms and conditions that you (after adequate notice) refuse to accept, your access to this website may be terminated at the site owner's discretion.
Services provided by this website
VRM is an automated risk management checking system. It enables users to monitor and manage their risk management and compliance responsibilities using electronic triggers, exception reporting systems, on-line documents (templates) and tracking systems.
Each user has access to a unique secure user area within this website during the currency of their user registration.
Users with necessary permissions can open additional accounts to facilitate delegation of risk management and compliance checking obligations within their organisation.
The site owner provides establishment and on-going support to users.
Your obligations as a user of this website
Users warrant the accuracy of their registration information as well as any identifying information used to open any additional accounts.
The quality of output generated from this website is significantly dependent upon the quality of input by registered users. Users undertake to provide accurate data and other responses whenever they access this website.
Registration
Payment of a registration fee (however calculated) entitles a user access to their secure user area within this website for whatever period of time to which the registration fee payment relates.
Registration occurs as at the date that the site owner permits access to a secure user area on this website. This may or may not occur as a result of payment to the site owner of a registration fee.
Definitions
"Applicant" - any who completes registration (including acceptance of these terms and conditions) seeking access to the secure user area of this website.
"Account holder" - any applicant granted access within their secure member area on this website.
General points about your use of this website
This website and the risk management checking system offered by ther site owner are only available to users who can make legally binding contracts. The services are available to persons having legal capacity (including corporations) but not persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
The site owner requires that you obey the law (including not posting or copying copyright materials). You must not use this website in a manner, or for any purpose, which violates local, State, Federal or international laws or regulations.
You warrant that when using this website, you will not:
- violate copyright or other intellectual property rights;
- engage in misleading or deceptive conduct;
- engage in on-line marketing practices;
- electronically 'stalk' other users of this website;
- use abusive or aggressive language in electronic communications;
- without authorisation transmit confidential information or material protected by trade secrets;
or attempt to do any of these things.
You warrant to the site owner that you will respect the legal protection afforded it by copyright, trade marks, licence rights, intellectual property rights laws generally, and all other laws.
The site owner does not advocate illegal conduct nor does it participate in illegal or fraudulent schemes. Any party engaging in illegal activities involving the use of this website or the content of this website will be subject to civil and criminal prosecution.
Your conduct when using this website
You alone are responsible for the contents of your own transmissions through this website and the internet.
Your use of this website is subject to all applicable local, state, national and international laws and regulations.
You agree:
- to comply with Australian law regarding the transmission of technical or classified data through this website or the internet;
- not to use this website for illegal purposes (as may be defined in any country or region);
- not to interfere with or disrupt networks connected to this website;
- to comply with all regulations, policies and procedures relating to use of networks connected to this website;
- your conduct is subject to any internet regulations, policies and procedures that may be in force or come into force in any country or region; and
- that attempts to gain unauthorised access to other computer systems through this website are prohibited.
You shall not interfere with another person's use of this website. The site owner may, at its sole discretion, immediately terminate your registration as a user should it form the view that you have failed to meet the requirements set out in these Terms and Conditions.
Copyright
Unless otherwise indicated, copyright in the information on this website is owned by the site owner. All rights are reserved by the site owner.
This site or any portion of this site may not be reproduced, duplicated, copied (including incorporation into any third party software such as a spreadsheet program), sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by the site owner.
Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this website may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of the site owner.
Information you provide to the site owner via this website
You agree to:
- provide current, complete, and accurate information in all forms of communication conducted via this website; and
- maintain and update any information provided via this website in order to keep it current, complete and accurate.
All information provided by you when you apply for access to this website is referred to in these Terms and Conditions as your Data Input. When you provide any your Data Input, you are representing and warranting that all of the information provided is true and correct and you are agreeing to indemnify the site owner for any losses, costs, expenses or damages that the site owner may suffer if any information is incorrect.
You agree to the site owner storing the information you provide via this website and publishing consolidated reports to you (care of one or more email addresses you nominate) based upon your Data Input.
the site owner acknowledges that all your Data Input is owned by you. You licence the site owner to store this information during the currency of your registration via this website.
You acknowledge that the site owner may use your Data Input in an aggregate form (i.e. a form that does not identify you or one of your account holders) so as to better understand (and inform others about) a particular industry. You acknowledge that this aggregate information belongs to the site owner.
You should review the Privacy Statement below for further information concerning the collection and usage of your Data Input.
You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, destructive computer code or other harmful component or otherwise attempt to alter any of the content on this website.
If any data provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this website that contains a virus, destructive computer code or another harmful component or you otherwise attempt to alter any of the content of this website or you are otherwise in breach of these Terms and Conditions, the site owner may terminate your rights to access this website and any other privileges enjoyed by users of this website and may take any other action permitted by law.
You acknowledge and consent to the disclosure by the site owner 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 information provided by you to this website, upon being lawfully requested to do so by that law enforcement agency.
Viruses and destructive code
The site owner does not represent that any information obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The site owner will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
To the extent that any applicable law that cannot be excluded imposes any liability on the site owner, that liability shall be limited to the cost of refunding any fee paid to the site owner by a user.
The site owner does not allow posting or use of computer programs or email that contains damaging features, such as viruses and other damaging software code (Destructive Code). If you do post Destructive Code, then you may be punished under the applicable criminal law in each State of Australia or overseas. You indemnify the site owner for any damages, loss or liability resulting from your posting of Destructive Code.
Applicant details
Becoming a user of this website is a non-transferable right. You may change your registration details by notifying us. The site owner may terminate your registration as a user of this website at any time. You may terminate your registration by sending a written notice or an email to the site owner. Termination of your registration only becomes effective upon actual receipt by the site owner of your notification of termination.
Security
Once the site owner accepts your application for registration, you will be automatically allocated and receive a user name and password. You are entirely responsible if you do not maintain the confidentiality of your user name and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user name and password. You agree to immediately notify the site owner of any unauthorised use of your user name and password or any other breach of security with respect to this website that you become aware of.
Other websites
This site may contain links to websites maintained by other companies and organisations. The site owner does not make any representation as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
This website may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this website does not constitute a recommendation or endorsement by the site owner of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party website.
Release and indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against the site owner (and its related bodies corporate), directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any use of this website or the content of this website or any transaction.
You further agree to indemnify and hold the site owner (and its related bodies corporate), directors, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this website or content found on this website, the violation of these terms and conditions by you, or the infringement by you, or other user of this website using your user name and password, of any intellectual property right or other right of any person or entity.
Applicable law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. You and the site owner agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
If any provision(s) of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The site owner's failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed by the site owner in writing.
Limitation of liability
The site owner will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this website or the content of this website or for the cost of procurement of substitute services or resulting from any services obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, even if the site owner has been advised of the possibility of such damages.
Where any Act of Parliament implies in these terms and conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions. However, the liability of the site owner for any breach of such term, condition or warranty shall be limited, at the option of the site owner, to the supplying of the services again, or the cost of refunding any fee paid to the site owner by an applicant for registration.
Privacy Statement
The site owner will not collect any personal information about you except when you knowingly provide it.
You can request from the site owner a copy of all personal information kept on our server at any time by emailing: personalinfo@fsi.net.au. You may also request changes or deletions of that information. A member, account holder or applicant's personal information that is not within the public domain will never be released to a third party (other than under legal compulsion) without their consent.
The site owner may use your Data Input to help it understand the financial services market and in order that it can improve its services generally. However, the site owner will only use your Data Input so that individuals are not identifiable. You acknowledge that the site owner may sell, publish or license aggregate information drawn from your Data Input in the future to third parties.
Disclaimer
You agree that your use of this website and the content of this website is at your sole risk. You understand and agree that any material and/or data downloaded or otherwise obtained through your use of this website is done at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
The information contained on this website is provided by the site owner in good faith on an "as is" and "as available" basis. The information is believed to be accurate and current at the date the information was placed on this website.
Neither the site owner nor any of its directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website.
To the fullest extent permitted by applicable law, the site owner expressly disclaims all representations and warranties, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The site owner makes no warranty that the website or any products or services advertised on the website will meet your requirements, or that the website services will be uninterrupted, timely, secure or error free.
No advice or information, whether oral or written, obtained by you from or through this website creates any warranty not expressly made in these Terms and Conditions.
Electronic Messaging
If you apply for registration and you intend to communicate with the site owner electronically through this website (or otherwise), these electronic messaging terms apply to you.
You expressly waive any right to contest the validity of any request for services issued by you effected by the use of electronic messaging on the sole ground that your request was effected electronically. You must ensure that the content of any electronic message you send is consistent with the requirements of the country into which you are sending such request.
Any supply of information or request for services you make issued through this website or effected by the use of electronic messaging generally shall be concluded at the time and place where the electronic message constituting acceptance of an offer reaches the computer system of the offeror.
To the extent permitted by any national law which may apply, you agree that in the event of dispute, the records of electronic messages, which are maintained by the site owner will be admissible before the Courts and shall constitute evidence of the facts contained therein unless evidence to the contrary is adduced.
Electronic messages containing information specified to be confidential by the sender or agreed mutually to be confidential between the parties, are maintained in confidence and are not to be disclosed or transmitted to any unauthorised persons nor used for any purposes other than those intended by the parties. When authorised, further transmission of such confidential information shall be subject to the same degree of confidentiality.
Electronic messages shall not be regarded as containing confidential information to the extent that such information is in the public domain. The parties may agree to use a specific form of protection for certain messages such as a method of encryption to the extent permitted by law.
A complete and chronological record of all electronic messages exchanged by the parties in the course of communications or any trade transaction shall be stored by each party, unaltered and securely, in accordance with any time limits and specifications prescribed by the legislative requirements, and, in any event, for a minimum of seven (7) years following the completion of the communications or transaction. Unless otherwise provided by law, electronic messages shall be stored by the sender in the transmitted format and by the receiver in the format in which they are received.
You shall ensure that electronic or computer records of electronic messages shall be readily accessible and are capable of being reproduced in a human readable form and of being printed, if required. Any operational equipment required for these purposes should be retained.
These Terms and Conditions may be varied
These Terms and Conditions may need to be amended from time to time. When this becomes necessary you will be sent an e-mail containing the complete amended Terms and Conditions. The amended Terms and Conditions will become effective immediately. If you do not wish to be bound by the new Terms and Conditions click 'reply' and put the words 'do not agree' in the body of the reply email and your registration will be deactivated after 30 days.
If you do not intend to be bound by any amended Terms and Conditions, you must reply.
Otherwise, you need do nothing and your continued use will indicate your intention to be bound. The site owner will contact you via email confirming your acceptance.
Your continued use of this website after any amendment indicates your acceptance of any amendment to these terms and conditions. You agree to abide and be bound by these terms and conditions, as amended.
The site owner's methods of enforcement
The site owner may use any legal remedy to maintain the service and ensure compliance with these Terms and Conditions and the law including termination of service or issuing of legal proceedings.
If the site owner believes that you are in breach of these Terms or Conditions or the law, the site owner may:
- warn you by e-mail post or fax;
- without notice suspend your access to its website;
- notify and provide relevant information to any government agency or authority, as seems appropriate in the circumstances.
- issue and conduct legal proceedings in any appropriate Court or Tribunal.
Termination
Your rights under these Terms and Conditions may be terminated at any time by the site owner by e-mail, post or fax. All restrictions, licences granted by you and all disclaimers and limitations of liability by the site owner will survive termination.
Contact details
T: +61 7 3379 9021
M: +61 414 393 499
Skype: smartline121
Email: help@fsi.net.au
Please enjoy your use of the website.
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