Website Terms and Conditions of Use

Alterations of Terms

Financial Services Guide

Disclaimer and Disclosure

The information is directed to and applicable for Australian residents only.

Use of the Website and all Services is at your own risk. Everything on the Website and the Services provided to you are “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Flack Pty Ltd make any express or implied representation or warranty about any products or Services (including the products or Services of Flack Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• Costs incurred as a result of you using the Website, the Services or any of the products of Flack Pty Ltd; and
• The Services or operation in respect to links which are provided for your convenience,

No responsibility is taken for persons acting, or refraining from acting on any recommendation, information or advice contained herein. Persons so doing do so at their own risk.

We declare Flack Pty Ltd and/or subsidiaries, associates, advisers, or employees may be related to or associated with companies or have an interest in securities or other investments herein mentioned. Brokerage, commission, fees or other benefits may be earned by Flack Pty Ltd and/or its advisors and/or persons associated with it.

We believe that the advice and information contained herein is accurate and reliable, but no warranty of accuracy or reliability is given and no responsibility is accepted by Flack Pty Ltd, its advisers or employees.

As future corporate, legislative and economic factors cannot be predicted, any information provided should be regarded as a guide only and no guarantee is expressed or implied in relation to any income, growth, asset income or asset growth, projections, legislative or economic views or outlooks.

We direct you to our Financial Services Guide for our disclosure details.

We also declare that nothing contained on this Web Site is personal advice or a recommendation. When we provide personal advice or a recommendation, we will provide an appropriate personal Statement of Advice to the person disclosing all fees, charges and commissions or any other benefit we may reasonably expect to receive.

General Advice Warning

This website and Services provided have been prepared for the general information of investors and not having regard to any particular person’s financial situation, objectives or needs. Accordingly, in so far as any information may constitute advice (whether express or implied), it is general advice only and no viewer should rely upon it without having obtained personal advice from a licensed advisor. When we provide personal advice or a recommendation, we will provide an appropriate personal Statement of Advice.

Neither Flack Pty Ltd nor its staff or advisors makes any representation, gives any warranty and does not accept any responsibility for the accuracy or completeness of any recommendation, information or advice contained herein. Flack Pty Ltd nor its staff or advisors, will not be liable for any loss or damage (including indirect or consequential loss) as a result of any other person acting or refraining from acting in reliance on any recommendation, information or advice herein.

Any yields, rental income, tax rates, interest rates, depreciation rates, growth or inflation rates, DPS and EPS etc shown are estimates only and should not be used as a guide to future performance. Neither Flack Pty Ltd, their advisers or employees nor the investment or research managers guarantee any such estimates. Past performance, although useful in detecting patterns, is not necessarily a guide to future performance and should not be relied upon for this purpose.

If you are unsure about the suitability of an investment, please seek independent professional advice regarding your personal situation as the value of investments and the income derived from them can go down as well as up.

Privacy

Flack Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Flack’s Privacy Policy, which is available on the Website.
Our Privacy Policy discloses how the personal information you provide to us and our representatives, is collected, used, held, disclosed and disseminated. We are required to meet particular legislative and regulatory requirements and we are committed to do so. We maintain links to other web sites whose operators may or may not adhere to a privacy policy or be governed by the National Privacy Principles.

View our Privacy and Spam Policy.

Should you seek any further information please contact us in one of the following ways.

Privacy Officer: Benjamin Ross
Address: Level 19, 144 Edward Street, Brisbane City QLD 4000
Telephone : 0419 398 401
E-mail:  ben@pgwfinancial.com.au

Complaints

If you wish to complain about any breach or potential breach of our privacy policy or the National Privacy Principles, you should contact us by any of the methods detailed above and request that your complaint be direct to the Privacy Officer.

Your complaint will be considered within 7 days and responded to. It is our intention to use our best endeavours to resolve any complaint to your satisfaction; however, if you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.

Copyright

The copyright on all information displayed on this Web Site belongs to Flack Pty Ltd.

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 and courses are owned or controlled for these purposes, and are reserved by Flack Pty Ltd or its contributors.

You may not, without the prior explicit written permission of the Flack Pty Ltd Directors 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 in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain, however you must appropriately acknowledge Flack Pty Ltd as the source.

Flack Pty Ltd, grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a)    Use the Website pursuant to the Terms;
(b)    Copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c)    Print pages from the Website for your own personal and non-commercial use.

Flack Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Flack Pty Ltd.

Buyers

You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

Payment

Where the option is given to you, you may make payment by way of:

• Electronic funds transfer (‘EFT‘) into our nominated bank account
• Credit Card Payment (‘Credit Card‘)

All payments made in the course of your use of the Services are made using CommWeb (‘CommWeb‘). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the CommWeb terms and conditions which are available on their website.

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card or bank account to process your order.

Delivery will commence once payment has been processed/validated.

Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
You acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges.

Orders

You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.

Special offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.

Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.

You agree and acknowledge that Flack Pty Ltd can vary Subscription Fees at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

Delivery/Shipping

We charge a delivery cost as per the order for deliveries within Australia (as varied from time to time and subject to a surcharge for large orders). To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.

We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by:

• emailing elizabeth@flackgroup.com or
• calling 0406 991 376 (within Australia)

Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.

If you choose to sign for your item, you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery.

Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

Free Shipping Promotion

From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express Terms and Conditions of any specific promotion override these Terms other than the Special Offers and Error sections.

You must pay any return freight costs on change of mind purchases.

Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

Product warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.

Returns

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

• The items are returned within 30 days of the purchase date and the original sales receipt is present.
• Items must be in original condition as purchased

You will however, be liable for all costs, including shipping, banking fees and charges etc.

Returns/exchanges can be sent to:

Flack Pty Ltd
285 Ninks Road
St Andrews, VIC 3761

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

Courses, seminars, subscription fees or any live events are excluded from our Returns Policy. No Returns or refunds are available for Courses or seminars purchased.

Refund of Subscription Fees

Flack Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Flack Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.

You will be liable for any costs, including banking fees and charges.

Packaging Problems

Please check your items against your receipt. If there are any discrepancies, please email elizabeth@flackgroup.com or call 0406 991 376 as soon as possible and within 30 days of purchase date.

Vouchers

If we issue you a voucher to redeem against the future purchase of goods, our Voucher Terms and Conditions apply.

Notices to you

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you

Subscription to use Services

In order to access Subscription Services, you may first have to purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account‘).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• An email address
• Preferred username
• A password

You warrant that any information you give to Flack Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).

You may not use the Services and may not accept the Terms if:

• You are not of legal age to form a binding contract with Flack Pty Ltd; or
• You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services;
• You do not accept that any advice provided is General in nature only;
• You do not accept that all investments have associated risks and that the value of investments and income can go down as well as up

Your obligations as a Member

As a Member, you agree to comply with the following:

(a)    You will use the Services only for purposes that are permitted by:

a.    The Terms; and

b.    Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b)    You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c)    Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Flack Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d)    Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Flack Pty Ltd providing the Services;
(e)    You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Flack Pty Ltd;
(f)    You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g)    You agree that 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. Appropriate legal action will be taken by Flack Pty Ltd for any illegal or unauthorised use of the Website; and
(h)    You acknowledge and agree that any automated use of the Website or its Services is prohibited.

Comments on our Website

You are welcome to participate on our website by submitting comments where applicable at the sole discretion of Flack Pty Ltd and PGW Financial Services. Please note that in order to post a comment you are required to be a member.

You are responsible for the content of your messages and you are liable for activities conducted by you, or by others authorised by you, or otherwise acting on your behalf.

We have the right to moderate all comments and we reserve the right to remove any comments submitted without explanation or reason.

When submitting messages, you agree to indemnify and to continue to indemnify Flack Pty Ltd and PGW Financial Services to the full extent possible under the law against all claims, costs and expenses (including but not limited to reasonable legal and administrative expenses) arising out of any such messages.

We have no control over the users whom submit messages. We cannot guarantee the accuracy, integrity or quality of any messages. There may be users who breach the Terms and Conditions and post messages that are misleading, untrue or offensive.

To the extent allowable under the law, you bear all risk associated with your use of our websites and you should not rely on messages in making (or not making) any specific investment or other decision. In the event that you have any right, claim or action against any users arising out of that user’s messages, then you will pursue such right, claim or action independently of, and without recourse to us.

Limitation of liability

Flack Pty Ltd.’s total liability arising out of or in connection with the Website or Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Flack Pty Ltd, 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 shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Any advice derived from the Website should be considered General Advice only and does not take into account your personal needs and objectives or your financial circumstances. You should therefore consider these matters yourself before deciding whether the advice is appropriate to you and whether you should act upon it. Past performance is NO guarantee of future performance.

Indemnity

You agree to indemnify Flack Pty Ltd, 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;
(b)    Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c)    Any breach of the Terms.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Flack Pty Ltd as set out below.

If you want to terminate the Terms, you may do so by:
(a)    Not renewing the Subscription prior to the end of the Subscription Period;
(b)    Providing Flack Pty Ltd with 30 days’ notice of your intention to terminate; and
(c)    Closing your accounts for all of the services which you use, where Flack Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Flack Pty Ltd via the “Contact Us’ link on our homepage

Flack Pty Ltd may at any time, terminate the Terms with you if:
you do not renew the Subscription at the end of the Subscription Period;
(a)    You have breached any provision of the Terms or intend to breach any provision;
(b)    Flack Pty Ltd is required to do so by law;
(c)    The provision of the Services to you by Flack Pty Ltd is, in the opinion of Flack Pty Ltd, no longer commercially viable.
(d)    Subject to local applicable laws, Flack Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Flack Pty Ltd.’s name or reputation or violates the rights of those of another party.