These terms govern the use of earnd.com (our site). By accessing any part of our site, users (you, your) are deemed to have accepted these terms and agree to comply with them. Please do not use our site if you do not agree to these terms.
We recommend that you print a copy of these terms for future reference.
WHO WE ARE
Our site is operated by Earnd Pty Ltd (we, us, our). We are registered in New South Wales, Australia under ACN 625 490 968 and have our registered office at Suite 1, Level 18, 227 Elizabeth Street, Sydney NSW 2000.
You should review these terms alongside:
When you apply for any of our products and services, you will be asked to accept other terms and conditions applicable to the products and services you are applying for.
We do not guarantee that your use of our site will be uninterrupted or error-free. Although we try to ensure that our site is available 24 hours a day, we will not be liable if for any reason our site is unavailable at any time or for any period. We may suspend access to our site temporarily and without notice in the case of system failure, maintenance, repair, for reasons beyond our control, or for other business and operational reasons.
The content on our site is provided for general information only. It is not intended to amount to advice or information on which users should rely. No information published on our site constitutes a solicitation or offer, or recommendation, to engage in any trading activity or transactions, or perform any legal act (for example, entering into the terms for our products and services or any other contract). Users must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our site.
We do not represent or guarantee that our site will be free from loss, corruption, attack, viruses, hacking or other security issues, and we will not be responsible for any losses associated with the types of issues described in this paragraph.
You are responsible for configuring your information technology and computer programmes to access our site. You should use appropriate virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All such rights are reserved. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.
You may not reproduce, republish, transmit or distribute any material, information or content on our site without our prior written consent. However, you are granted a limited right to access and use our site and retrieve, display and print content pages, for your own personal, non-commercial use.
Any material transmitted or posted onto our site (including by way of the “Contact Us” form on our site) shall be considered public and non-proprietary and we will have no obligations with respect to such material. We may copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in these materials for any and all commercial or non-commercial purposes. We will not do any of the above where the materials constitute or contain personal data.
Our site is made available free of charge. We are not responsible for any charges that you may incur from third parties with respect to your use of our site, including without limitation any data charges or Internet access fees.
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. To the extent permitted by law, we exclude all conditions, warranties and representations with regard to our site or any content on it, whether express or implied.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
If you are a consumer user:
We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Links to third party sites on our site are provided solely for users’ convenience. Clicking on these links will cause users to leave our site (linked sites will generally open a new window, our site remaining open). Unless we say otherwise in relation to a particular third party link, we have not reviewed any third party sites and we do not control and are not therefore responsible for these sites or their content or availability, nor do we endorse them or make any representations about them. Users accessing third party sites via these links do so at their own risk and we accept no responsibility for them.
You may link to our site's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any site that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw permission to link to our site without notice.
We may revise these terms at our sole and absolute discretion and without prior notice. You should therefore check our site from time to time to review these terms, because, by accessing and continuing to use our site, you will be deemed to have accepted that you are bound by the version of the terms appearing on our site at the time of your access.
These terms, their subject matter and their formation (and any non-contractual disputes or claims), are governed by the law in New South Wales, Australia. To the extent permitted by law, we both agree to the exclusive jurisdiction of the courts of New South Wales, Australia.
You can submit feedback, comments, or questions about our products and services, our site, or these terms using the “Contact Us” form on our site. We will be free to exercise any and all rights in any content you submit without restriction or compensation of any kind. Our Privacy Notice describes the personal information we collect through the “Contact Us” form, how we use it, and where it is stored.
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