SMSF Community Terms and Conditions
‘we’, ‘our’ or ‘SMSF Community’ are used interchangeably but have the same meaning.
SMSF Community complies with ASIC Regulatory Guide 162 for Internet Discussion Sites. You can visit www.asic.gov.au for further information on this guide. Our website is operated by SMSF Community (ABN 181 2975 9837)
Disclosure and warning – when you view postings on SMSF Community website
- The website includes information that has been posted without taking into account your objectives, financial situation or needs and as such, before acting on the information, you should consider its appropriateness against your objectives, financial situation or needs. Any information posted on this site should not be considered to be financial product advice.
- If you are a representative of an AFSL holder or as an authorised representative of an AFSL holder you are not permitted to make postings or comments on the SMSF Community website;
- 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:
- People making postings are individually responsible for the accuracy and authenticity of their postings;
- Because of the nature of the internet, it may be difficult to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be difficult to take any legal action against them;
- You will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the postings;
- Securities cannot be offered to you for sale or issue through postings on our website; and
- You should alert SMSF Community or ASIC 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.
Disclosure and warning – when you make postings on SMSF Community website
- 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 the discussion pages. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
- If you include hyper-links to other sites, as you may be seen as endorsing the material on those 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
- If we find or reasonably suspect that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.
- You are not permitted to make postings on the SMSF Community website in your capacity as a representative of an AFSL holder or as an authorised representative of an AFSL holder. By accepting these terms, 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.
Acceptance of terms
Service we provide
- SMSF Community currently provides users with access to a wide variety of resources, including, forums, shopping Service, search Service and personalised content (Service).
- You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SMSF Community to provide the Service. You consent to receiving emails from SMSF Community containing advertisements for 3rd party providers.
- You understand and agree that the Service may include certain communications from SMSF Community, such as Services announcements, administrative messages, email advertising and SMSF Community Newsletters, and that these communications are considered part of SMSF Community membership and you will not be able to opt out of receiving them.
- Unless expressly stated otherwise, any new features that augment or enhance the current Service, are subject to the Terms.
- You understand and agree that the Service are provided ‘as is’ and that SMSF Community assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalised settings.
- You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Services provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- Use of Investment Property Link on SMSFCommunity.com.au
SMSF Community has supplied space for the use of property for sale as an inexpensive and expedient alternative to property advertising for the benefit of the website users. Information about the property must be current and accurate.
Login is required for site use by advertisers and information details given must be accurate, current and updated if changes have occurred.
Realty companies and private sellers agree to use the site as it appears. “Investment Properties” is an automated system which allows the user to place and maintain an advertisement for a period of 30 days from the time it is submitted, after which the ad will cease automatically. Ads may be updated or deleted as required by the user. (See “My Property” at the top of the SMSF Community homepage.) Multiple ads of the same property are not allowed and will be removed without refund.
Your registration obligations
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Service under the laws of Australia or other applicable jurisdiction.
- You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (Registration Data); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMSF Community has reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete, SMSF Community has the right to suspend or terminate your account and refuse any and all current or future use of all or any part of the Service.
Personal password and security
- If you are a new user, you will receive a password and account designation upon completing the registration process. Existing users will have this already.
- You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account.
- You agree to:
- immediately notify SMSF Community of any unauthorised use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session. SMSF Community cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- You understand that all information, data, text, photographs, graphics, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SMSF Community, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available by using the Service.
- SMSF Community does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of the Content.
- You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SMSF Community be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SMSF Community official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for that purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including any rules of any national or other securities exchange, including the Australian Stock Exchange, and any regulations having the force of law;
- harass another member; or
- collect or store personal data about other users.
- You acknowledge that SMSF Community may or may not pre-screen Content, but that SMSF Community and its operators have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.
- Without limiting clause 2 above, SMSF Community and its operators have the right to remove any Content that is in breach of its Terms or is otherwise objectionable.
- You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of that Content. In this regard, you acknowledge that you may not rely on any Content created by SMSF Community or submitted to SMSF Community, including information in SMSF Community Message Boards, and in all other parts of the Service.
- You acknowledge, consent and agree that SMSF Community may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that the access preservation or disclosure is reasonably necessary to:
- comply with all laws;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer Services; or
- protect the rights, property, or personal safety of SMSF Community, its users and the public.
- You understand that the technical processing and transmission of the Service, including your Content, may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SMSF Community and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
- Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Special warning for international users
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. SMSF Community is not intended for people outside of Australia and New Zealand.
What happens to your content submitted for postings or comments?
- SMSF Community does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SMSF Community the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than SMSF Community Groups, the perpetual, irrevocable and fully sub licensable licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that Content (in whole or in part) and to incorporate that Content into other works in any format or medium now known or later developed.
- Publicly accessible areas of the Service are those areas of the SMSF Community network of properties that are intended by SMSF Community to be available to the general public. By way of example, publicly accessible areas of the Service would include SMSF Community Message Boards.
- SMSF Community makes no representations or warranties with respect to the ownership of, or copyright in, content on its website uploaded, linked or otherwise disseminated by users of our Services and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto.
- You must obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.
- You agree to indemnify and hold SMSF Community, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
- You agree that should you find any offending information, on the SMSF Community website you will immediately contact SMSF Community support via the support feature available on the website and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that SMSF Community has 24 business hours to remove the offending material.
No resale of our Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SMSF Community account), use of the Service, or access to the Service.
Use and storage of information
- You acknowledge that SMSF Community may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SMSF Community's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
- You agree that SMSF Community has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SMSF Community reserves the right to log off accounts that are inactive for an extended period of time.
- You further acknowledge that SMSF Community reserves the right to modify these general practices and limits from time to time.
We may modify our Service
SMSF Community reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SMSF Community is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- You agree that SMSF Community may, under certain circumstances and without prior notice, immediately terminate your SMSF Community account and access to the Service. Cause for termination includes:
- breaches or violations of the Terms or other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification to the Service (or any part thereof);
- unexpected technical or security issues or problems; and
- extended periods of inactivity.
- Termination of your SMSF Community account include:
- removal of access to all offerings within the Service;
- removal of access to the account (or any part thereof), and
- barring further use of the Service.
- You further agree that all terminations for cause are made in SMSF Community's sole discretion and that SMSF Community is not liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Dealings with Advertisers
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with those dealings, are solely between you and that advertiser.
- You agree that SMSF Community is not responsible or liable for any loss or damage of any sort incurred as the result of those dealings or as the result of the presence of advertisers on the Service.
- The Service may provide, or third parties may provide, links to other websites or resources.
- Because SMSF Community has no control over those sites and resources, you acknowledge and agree that SMSF Community is not responsible for the availability of the external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from those sites or resources.
- You further acknowledge and agree that SMSF Community is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or Service available on or through any website or resource.
SMSF Community's proprietary rights
- You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
- You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, Services marks, patents or other proprietary rights.
- Except as expressly authorised by SMSF Community or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- SMSF Community grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software.
- You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorised access to the Service.
- You agree not to access the Service by any means other than through the interface that is provided by SMSF Community for use in accessing the Service.
Disclaimer of Warranties
- You expressly understand and agree that:
- your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. SMSF Community expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- SMSF Community makes no warranty that:
- the Service will meet your requirements,
- the Service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the Service will be accurate or reliable,
- the quality of any products, Service, information, or other material purchased or obtained by you through the Service will meet your expectations, and
- any errors in the software will be corrected;
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material;
- No advice or information, whether oral or written, obtained by you from SMSF Community or through or from the Service creates any warranty not expressly stated in the Terms;
- Due to the global nature of the internet, users outside of Australian or New Zealand jurisdiction may access SMSF Community. SMSF Community is not intended to be a forum for discussion of securities that may be offered outside of the jurisdiction, nor is it intended for use by a person outside of the jurisdiction. As such, SMSF Community is not subject to regulatory controls that may exist outside of the jurisdiction.
Limitation of liability
You expressly understand and agree that SMSF Community is not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if SMSF Community has been advised of the possibility of the damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and Service resulting from any goods, data, information or Service purchased or obtained or messages received or transactions entered into through or from the Services;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
Service relating to financial matters
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SMSF Community and its licensors are not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and are not responsible or liable for any trading or investment decisions made based on such information.
Entire agreement. The Terms are the entire agreement between you and SMSF Community and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SMSF Community Service, affiliate Service, third-party content or third-party software.
Choice of law and forum. The Terms and the relationship between you and SMSF Community are governed by the laws of Queensland without regard to its conflict of law provisions. You and SMSF Community agree to submit to the personal and exclusive jurisdiction of the courts located within Queensland.
Waiver and severability of Terms. The failure of SMSF Community to exercise or enforce any right or provision of the Terms does not constitute a waiver of the right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any breaches of the Terms to SMSF Community Support via the support feature ‘Contact Us’ available on the SMSF Community website.
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