City West Community Financial Services Terms and Conditions
The following are the terms and conditions (the “Terms”) for the use of the City West Community Financial Services website (the “Site”), City West Community Financial Services Services, and related material.
1. General
With each visit to the Site, you signify your agreement to these Terms.
These Terms were last modified on 29 October 2020.
City West Community Financial Services own city West Community Financial Services trade name, brand and trademark and websites. Hereafter, City West Community Financial Services means City West Community Financial Services.
City West Community Financial Services Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by City West Community Financial Services or the Site, including any portion thereof. City West Community Financial Services Services is defined as any City West Community Financial Services service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or City West Community Financial Services Material.
2. Use of City West Community Financial Services Material and City West Community Financial Services Services
Generally
You agree not to use any City West Community Financial Services Material and City West Community Financial Services Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
3. Financial Advice, Information and Decision Making Responsibility
City West Community Financial Services is not a financial institution and does not provide Financial Advice (as defined below).
You agree that all decisions you make on financial matters are your full responsibility and you agree to retain a licensed advisor regarding any issue of enough importance to reasonably require it.
You agree that City West Community Financial Services does not provide Financial Advice. If you receive any communication from City West Community Financial Services, its agents, its employees or any other associated entity, which is Financial Advice, you agree that it is NOT a communication authorised by City West Community Financial Services and you agree to delete and disregard it immediately.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of City West Community Financial Services Material, and for obtaining any needed assistance from a properly licensed authority to assess the value of and appropriate uses for any City West Community Financial Services Material.
4. Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, licence, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any City West Community Financial Services Material nor will you utilise City West Community Financial Services Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use City West Community Financial Services Material and the Site as a customer.
City West Community Financial Services retains the right to prohibit organisations, groups, or individuals, or yourself from using its websites or City West Community Financial Services Material or City West Community Financial Services Services at its discretion
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5. Intellectual Property
All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of City West Community Financial Services Material belong to City West Community Financial Services and its suppliers. City West Community Financial Services reserves all of its rights in the City West Community Financial Services Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by City West Community Financial Services or any other third party except as expressly provided in these Terms.
Also, City West Community Financial Services Material contains information and intellectual property that is selected and organised by City West Community Financial Services and represents significant work made by City West Community Financial Services. Nothing in the Terms should be construed as granting any right to use any City West Community Financial Services Material, or intellectual property displayed or used in any City West Community Financial Services Material except as expressly provided in the Terms.
You agree to the following:
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- the City West Community Financial Services Material is the property of City West Community Financial Services and its suppliers;
- you will not use the City West Community Financial Services Material for any purpose other than as expressly permitted in these Terms;
- you will not distribute in any medium any City West Community Financial Services Material without City West Community Financial Services prior written authorisation or as expressly provided these Terms.
- any distribution or past distribution of any City West Community Financial Services Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying work, and based on each page of any website which uses City West Community Financial Services Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
- City West Community Financial Services shall have the right to represent its suppliers in any dispute.
6. Limited Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, City West Community Financial Services Material and City West Community Financial Services Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether City West Community Financial Services Material and City West Community Financial Services Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
City West Community Financial Services does not authenticate users’ signatures or identities.
Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of City West Community Financial Services Material and City West Community Financial Services Services, or for inaccessibility of City West Community Financial Services Material and City West Community Financial Services Services whether from errors or omissions in the content of City West Community Financial Services Material and City West Community Financial Services Services or any other linked sites or for any other reason. Use of City West Community Financial Services Material and City West Community Financial Services Services is at your own risk.
City West Community Financial Services does not represent or warrant that City West Community Financial Services Material, the Site or any linked sites are free of any harmful materials.
7. Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of City West Community Financial Services is the amount paid to City West Community Financial Services by the customer. The maximum liability of City West Community Financial Services for any City West Community Financial Services Services is the portion of the amount paid to City West Community Financial Services by the customer specifically for the City West Community Financial Services Services as calculated by City West Community Financial Services.
8. Client Privacy
You consent to City West Community Financial Services using your personal information according to its Privacy Policy that can be found at our Privacy Policy.
9. Terms and Headings
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting City West Community Financial Services Material should it be judicially found that the conflicting City West Community Financial Services Material is legally relevant to this Agreement under law.
10. Indemnification
Except where prohibited by law, you agree to indemnify and hold City West Community Financial Services, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or City West Community Financial Services Material or City West Community Financial Services Services.
11. Governing Law
Except where prohibited by law, the Terms are governed by the laws of the State of New South Wales, Australia.
12. Binding Arbitration
Subject to exceptions specified herein, if you and City West Community Financial Services are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, City West Community Financial Services will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Sydney, Australia.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable legal fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: City West Community Financial Services may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
13. Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
14.Modification of the Terms
City West Community Financial Services may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorised City West Community Financial Services officer.
15. Severability
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability, and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
16. Waivers
No failure or delay, on the part of City West Community Financial Services, in exercising any right or power under these Terms will operate as a waiver of such right or power.
17.Whole Agreement
Except as explicitly outlined in this agreement, these Terms, the Site’s Disclaimer, constitute the whole agreement between you and City West Community Financial Services notwithstanding any:
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- City West Community Financial Services Material other than this Agreement,
- Communication between you and City West Community Financial Services, including telephone, email and online chat assistance, or
- Announcements, newsletters or promotional materials from City West Community Financial Services.
