Terms and Conditions

Last Modified On: 11th March 2014

1. Acceptance of Terms

The web pages and content available at www.solepurposetest.com (the “Site”) are owned and operated by SMSF Media Pty Ltd, an Australian company. Use of the Site constitutes an agreement to be bound by the following Terms and conditions and the Privacy Policy.

2. Grant of Licence

Subject to these Terms, SMSF Media Pty Ltd grants you a limited, revocable, non-exclusive and non-transferable license to access the Site by displaying it in your browser and to view the contents of related emails and related RSS feeds in appropriate applications. This licence may be revoked by SMSF Media Pty Ltd at any time and without giving cause.

Any use or access by anyone under the age of 13 is prohibited. The Site is not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

3. Content of the Site

The contents of the Site does not constitute advice, of a taxation, financial, legal or any other kind. Users of the Site should seek advice from independent, accredited professionals in regards to their individual circumstances.

The contents of the Site are for informational purposes only, SMSF Media Pty Ltd shall not be held responsible or liable for accuracy or usefulness of the contents of the Site.

The Site and its contents may contain errors and omissions. SMSF Media Pty Ltd is under no obligation to correct errors and omissions, but reserves the right to do so in whole or in part, at its sole discretion.

The contents of the Site may be correct at the time of posting, but may subsequently become incorrect. It is your responsibility to ensure information is timely. SMSF Media Pty Ltd is under no obligation to correct such content, but reserves the right to do so in whole or in part, at its sole discretion.

SMSF Media Pty Ltd does not guarantee that all or part of the Site will be available at all times.

SMSF Media Pty Ltd reserves the right to suspend or terminate access to all or part of the Site at any time without notice and without giving cause.

While SMSF Media Pty Ltd may receive emails and allow comments on the Site, SMSF Media Pty Ltd reserves the right to not answer questions posed.

4. Intellectual Property Rights

The contents of the Site are the property, and remain the property, of SMSF Media Pty Ltd, all rights reserved. Except under statute the Site or its contents may not be reproduced, in whole or in part, without prior permission in writing from SMSF Media Pty Ltd.

SMSF Media Pty Ltd will respond to such notices of copyright infringement received, as required by appropriate legislation. SMSF Media Pty Ltd reserve the right to remove allegedly infringing material.

5. Disclaimer

THE SITE IS PROVIDED “AS-IS”, FOR USE AT YOUR OWN RISK AND WITHOUT EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO FITNESS FOR PURPOSE OR MERCHANTABILITY OR NON-INFRINGEMENT. SMSF Media Pty Ltd is not responsible for any harm or loss as a result of use, reliance on, or unavailability of the Site. This clause may be limited by applicable statute.

6. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMSF MEDIA PTY LTD, ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGED, BASED ON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONTENT OBTAINED FROM THE SITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING, WITHOUT LIMITATION ANY DEFAMATORY, LIBELLOUS, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

7. Rights and Indemnifications

You indemnify SMSF Media Pty Ltd, its directors and officers, employees, agents and third parties against all damage, loss and harm incurred by you as a result of any violation of these Terms by you or the use of the Site.

SMSF Media Pty Ltd reserves the right to seek remedies at law and in equity for violations of these Terms.

8. Applicable Law and Disputes

These Terms and the use of the Site will be governed by the law of the Australian state of Queensland. You agree that the venue for legal proceeding in relation to these Terms and the Site shall be the courts of Queensland and where necessary, the Commonwealth of Australia, and waive any objection to this as an inconvenient forum. Your further agree that you will not commence a class action or other group proceeding against SMSF Media Pty Ltd, its directors and officers, employees, agents and third parties.

For any dispute you have with SMSF Media Pty Ltd you agree to first contact SMSF Media Pty Ltd and attempt to resolve the dispute by informal means.

9. Enforcement

Failure by SMSF Media Pty Ltd to enforce a provision of these Terms is not a waiver of the right to do so later. If one of, or a part, of these Terms is found to be illegal, invalid or otherwise unenforceable the remaining Terms will remain in full effect and an enforceable term will replace the removed term which reflects the intent of the original term.

10. Modification

SMSF Media Pty Ltd reserves the right, at its sole discretion, to modify or replace these Terms at any time by changing the Terms posted on the Site. At it’s sole discretion SMSF Media Pty Ltd may notify of such modifications by a notice on the Site or other means. By continuing to use the Site you agree to be bound by the updated Terms. It is your responsibility to check these Terms for changes.

11. Termination

SMSF Media Pty Ltd reserves the right to terminate or suspend this agreement in whole or in part, without giving cause and without notice. SMSF Media Pty Ltd reserves the right to suspend or terminate service at any time, without giving cause and without notice.

12. Security

The security of the servers used to host the Site, or the Site itself, may be compromised and used to transmit malicious software or code to your computer or other device. It is your responsibility to ensure the security and integrity of your computer hardware and data, and to maintain backups. SMSF Media Pty Ltd is not liable for any damage or loss resulting from such security breaches.

13. Privacy

Any information that you provide to the Site or SMSF Media Pty Ltd is subject to our Privacy Policy. Agreement to these Terms includes agreeing to our Privacy Policy.

14. Advertisements

The Site may contain advertisements, which may include the use of tracking and targeting technologies. You agree to the presentation of these adverts, and the use of such technologies. The advertisers are responsible for these advertisements.

SMSF Media Pty Ltd may receive fees, commissions or other forms of remuneration for the presentation of advertisements, articles and endorsements.

15. Comments and Other Communications

By commenting on the Site you agree that your comments will be lawful and not inappropriate. You shall not represent yourself to be someone you are not, or to represent an organisation or body which you do not have the right to represent. SMSF Media Pty Ltd does not agree to moderate, remove or edit comments to the Site, but reserves the right to do so, in whole or in part, at its sole discretion.

By making comments on the Site, otherwise posting to the Site, or sending emails to associated email addresses you grant SMSF Media Pty Ltd a perpetual, worldwide, royalty-free, irrevocable, transferable, non-exclusive right and licence to use, reproduce, modify, publish, display and otherwise use as SMSF Media Pty Ltd sees fit the contents of the comments and emails and will have no recourse to SMSF Media Pty Ltd as to the use of this content.

The comments and views contained in comments on the Site do not necessarily represent the views of SMSF Media Pty Ltd its subsidiaries, directors and employees. SMSF Media Pty Ltd disclaims any and all liability for users relying on any comments made by users of the Site.

SMSF Media Pty Ltd is free to use any suggestions and feedback you provide without restriction from you and without providing compensation to you.

16. Third Party Content

The Site may contain material from third-parties, and links to third-party websites, services or resources. You agree and acknowledge that SMSF Media Pty Ltd shall not be held responsible or liable for the accuracy, omission, availability, infringement, defamation, libel, or offensiveness of such material, or any damage, loss or harm resulting from such material. You agree and acknowledge that use of, or reliance on, such third-party material is at your own risk. Linking to third-party material should not be considered an endorsement by SMSF Media Pty Ltd, its directors and officers, employees, agents or third-parties.