Terms and Conditions

Terms and Conditions

These are the terms and conditions on which “My Fair Share” ® (“we” or “us” or “our”) is willing to provide you (“you” or “your”) with our services, which comprise of any information, data, editorials, opinion, results or other content whatsoever (“Content”) included on our website, mobile site, apps, widgets or otherwise (“Services”).

Your use of our Services constitutes your acceptance of these terms and conditions. If you object to any of our terms and conditions, you are not permitted to use our Services and you must cease using our Services immediately.

We may change any or all of our terms and conditions at any time, at our sole discretion. Any new terms and conditions shall be published on our website.

We may change at any time, at our sole discretion, any or all of the Content of our Services, including changing the path or location of a link to other websites.

We are not responsible for the accuracy of any Content provided, expressed or otherwise published as part of our Services (including any third party content). Our Services should be regarded as a guide only and may not be accurate and are not to be relied upon or regarded as a substitute for professional legal, financial or relationship advice. You should take independent steps to inform yourself before acting on any data, information, opinion or other content provided as part of our Services.

It is your responsibility to provide accurate information to our questionnaire in order to maximise the potential of our Services to provide you the best possible result based on our analysis. The result of your estimated property fair share provided to you when you submit your questionnaire in not necessarily accurate, correct or reflective of what a Court of competent jurisdiction would have ordered in such circumstances and after hearing all the evidence in your matter, and it should not be regarded as advice or relied upon by you or any other person in any way whatsoever.

We recommend that you seek professional legal, financial and relationship advice before making any decisions about your relationship and any steps regarding property settlement. We, and any of our related entities, directors, officers, employees, associates and agents are not liable for any direct, indirect, incidental or consequential loss or damage of any kind whatsoever which may be suffered by you as a result of using, relying or acting on any Content provided as part of our Services.

Your Warranties

In accessing or using our Services or any Content on our website, mobile site, apps, widgets or other publication (“platforms”) you agree and undertake that you will not take any action or use any means to:

1. access, copy, analyse, retrieve, delete or index our Services or platforms;
2. interfere or attempt to interfere with the proper working on our platforms including, but not limited to, transmit or attempt to transmit any computer viruses, worms, Trojan horses or other tools of a destructive nature;
3. use our Content in order to compete with us, copy, republish, distribute, modify or use anywhere else in Australia or in the world;
4. use our platforms or Content in any way which is, in our sole discretion, not for the purpose which we consider our Services and/or platforms to be;
5. breach any intellectual property or proprietary rights of any person, including, but not limited to, copyright, trademark, privacy right, or any other right;
6. breach any applicable Law;
7. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
8. allow any other person to use your username and password, in the event you purchase any of our packages/membership options, save in the event that you are a legal organisation in which case you are permitted to have your employees or other staff to use it.

Indemnity

You acknowledge and agree that you will be responsible and liable for, and shall indemnify and keep us and any of our related entities, directors, officers, employees, associates and agents indemnified against, any loss and damage caused to and any claim or demand (including legal costs on an indemnity basis) made against us or any of our related entities, directors, officers, employees, associates and agents, arising out of, or in in any way connected with your use of and access to our platforms and Services in breach of these terms and conditions.

Advertising and links to other websites

Our platforms may include advertisements, hyperlinks and pointers to websites operated by third parties. Any such third party websites do not form part of our platforms or Services, are not under our control or responsibility and their display on our platform does not mean or imply that we endorse or recommend them.

We make no warranty as to the accuracy or reliability or suitability for purpose of the information contained on any such third party websites and we and any of our related entities, directors, officers, employees, associates and agents are not liable for any direct or indirect loss or damage which may be suffered by you as a result of your connection to or use of such websites. If you choose to connect to such websites you do so entirely at your own risk.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Intellectual property rights

‘Intellectual Property Rights’ means any and all statutory or other proprietary, ownership or control rights which now exist or may in the future exist in respect of any copyright works or other subject matter, inventions, innovations, patents, trademarks (including goodwill and whether registered or unregistered), designs, confidential information and trade secrets and know-how.

You acknowledge and agree that all Intellectual Property Rights with respect of the Services, Content and platforms, whether registered or not, together with any and all goodwill attached to those, remain our sole and exclusive property and your use of the Services or Content in accordance with our terms and conditions does not give you or create or provide you with any rights whatsoever in any Intellectual Property Rights.

Consumer protection laws - The Competition and Consumer Act 2010 ("CCA") and like legislation

These terms and conditions are not intended to have the effect of contracting out of any provisions of the CCA or like applicable legislation, except where permitted by law. If you are regarded by law as a consumer for the purpose of using our Services, then as a consumer, these terms shall be subject to protection of consumers' rights legislation and shall not affect the consumer's statutory rights. If any clauses in these terms and conditions contravene any provisions in these acts, such clause or clauses shall be deleted without affecting the validity of the remaining clauses of these terms and conditions.

In the event of any of a breach of any implied warranty or condition that cannot be excluded, and to the extent permitted by law, our liability for those is restricted, at our option to: the re-supply of Services or payment of the cost of re-supply of Services, or, if applicable, the replacement or repair of goods or payment of the cost of replacement or repair of same.

If notwithstanding the above, we or any of our related entities, directors, officers, employees, associates and agents are found to be liable, the aggregate liability to you for any loss or damage or any other claim or cause of action whatsoever, will at all times be limited to $50.00.

Governing Law and Jurisdiction

These terms and conditions and all use of our Services and platforms, will be governed by and construed in accordance with the laws in force in the State of Victoria and the Commonwealth of Australia, and the parties submits to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia.

Severability

Where any provision of these terms and conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these terms and conditions and the we reserve the right to replace, at our sole discretion, that severed part with a legally acceptable alternative clause that meets our commercial objectives.