Subscription to www.financialarticles.com.au

TERMS & CONDITIONS
Financial Writers Australia provides a professional copywriting service to the Australian financial services industry.  We enjoy working with our clients, their affiliates and staff, however, in providing this library service we do require that all subscribers read and adhere to our terms and conditions when using our site.

We are pleased to welcome you to our unique online library service and hope it helps to make your business more profitable.

Formerly known as Words Unlimited, Financial Writers Australia is the trading arm of Financial Writers Australia Pty Ltd, ABN 46 099 932 135, registered office 115 Island Street, Cleveland, Queensland, Australia, 4163 (known here as “FWA”). These terms and conditions ("Terms and Conditions") refer to the Financial Writers Australia online library service known as “www.financialarticles.com.au”.

By paying the subscription fee to access www.financialarticles.com.au you agree to these Terms and Conditions.

1.    Licensed Users Only
www.financialarticles.com.au is expressly for the use of licensed financial services providers and mortgage brokers.  The articles available from www.financialarticles.com.au should be used as general information only, not for providing any type of advice.  Content downloaded from www.financialarticles.com.au is to be used for marketing or promotional purposes only. Suspicious activity is monitored and Financial Writers Australia may take action, including immediately terminating your subscription if you are deemed to be abusing the service or not meeting the terms of its use..

2.    The Content
The content in article in www.financialarticles.com.au has been written according to the information and data available at the time of writing.  Financial Writers Australia monitors www.financialarticles.com.au content to ensure it is current and accurate, however, we strongly recommend that a qualified representative of your business checks the material thoroughly before publishing any content downloaded from www.financialarticles.com.au. ; Once you have downloaded the articles, you are free to change, update or edit to suit your usage.  Financial Writers Australia does not and will not take any responsibility for the content after the article has been downloaded.
FWA has the sole right to delete, update or edit content at any time and is not required to advise subscribers of these changes.

3.    Your subscription
Free “sneak peek” subscriptions are available for a single two-day trial period. Paid subscriptions are for a minimum of twelve months, with the option to cancel at any time after the initial twelve-month period. The subscriber must be a Company Director or other duly authorised representative of the organisation under which the subscription is registered. When subscribing to use www.financialarticles.com.au, the subscriber must provide complete and accurate identification, information including relevant contact details, and any other information required to complete the registration process.  This information will be used only in the management of the library or to contact you.

Free subscriptions:  limited access to www.financialarticles.com.au is available on a single two-day trial basis free of charge per subscriber. “Sneak peek” trial subscriptions cannot be renewed. These subscribers are required to adhere to these Terms & Conditions and are licensed to use the limited material available, provided that:
a)    correct information to identify the subscriber must be used to complete the online subscription form, including a correct Australian Financial Services Licence (AFSL) number or Mortgage & Finance Association of Australia (MFAA) membership number in the appropriate field. If a subscriber does not meet this requirement, access will be immediately cancelled without notification; and
b)    only the registered subscriber may use the service, and
c)    the content is to be used to market the subscriber's own business only, and
d)    such use must be for the normal business purposes of the subscriber, and
e)    library access or the subscriber's unique access information must not be shared or used by multiple users at any time, and
f)    library material is not to be shared with anyone who is not a registered user of this service for the purposes of marketing another business.

Single-user subscription: Single use subscriptions are available only for small practices that operate out of one office only. If you are using www.financialarticles.com.au under a single-user subscription arrangement, you are licensed to use www.financialarticles.com.au for the duration of the subscription, provided that:

a)    only the subscriber may use the service, and
b)    the subscription is for the use by the subscriber in one practice only, and
c)    the content is to be used to market your own practice only, and
d)    such use must be for the normal business purposes of the subscriber, and
e)    library access or the subscriber's unique access information must not be shared or used by multiple users at any time, and
f)    library material is not to be shared with anyone who is not a paid user of this service for the purposes of marketing another licence, business or practice.

Multi-user subscription:  Multi-user subscriptions are available to provide individual access to a group of practices from one dealer/aggregator/fund manager (known as “the group”). The multi-user package applies to three or more offices from the same group. As “the group” under a multi-user subscription, you are licensed to use www.financialarticles.com.au for the duration of the subscription, provided that:

a)    you are responsible for the number of advisers/brokers (and their staff or agents) accessing www.financialarticles.com.au under “the group” subscription, and
b)    the number of persons using the service at any one time must not exceed the maximum number paid for in “the group” subscription package, and
c)    if the registered contact person for the subscriber changes, replacement details must be advised to FWA immediately and the login details will be changed, and
d)    such use must be for the normal business purposes of the subscribers in your group, and
e)    library access or the subscriber's unique access information must not be shared or used by any person not paid for in your subscription application, and
f)    library material is not to be shared with anyone who is not a paid user of this service for the purposes of marketing another licence, business or practice.

Organisation subscription:  Organisation subscriptions are available for organisations, dealer or aggregator groups where one nominated user under one Australian Financial Service Licence, chooses the content on behalf of the registered practices of this subscription.  Organisation subscribers can add licences it owns to the main subscription so this service can be provided to practices under the main licensee's different licences.  Each additional licence has its own login access and list of registered practices covered by that licence.

If you are using www.financialarticles.com.au under an Organisation Subscription, you are licensed to use www.financialarticles.com.au for the duration of the subscription, provided that:

a)    only the person nominated for each licence may use the service at any one time, and
b)    if the subscriber contact points of the licensee or a registered practice changes, replacement details must be advised to FWA immediately and the login details will be changed, and
c)    such use must be for the normal business purposes of the organisation, its licensees and the practices registered under this subscription, and
d)    library access or the subscriber's unique access information must not be shared or used by any party except the person nominated for each licence, and
e)    library material is not to be shared with anyone who is not a paid user of this service for the purposes of marketing another licence, practice or business not included in this subscription.

4.    Prohibited Action
You may not:
a)    download the content of www.financialarticles.com.au in any part or its entirety for the purpose of recreating, duplicating or storing a collection of this content in any format whatsoever;
b)    on-sell or share any content from www.financialwriters.com.au with an unregistered user of this service for the purpose of marketing or promoting another business;
c)    transfer your subscription to any other party unless FWA has given you prior permission in writing to do so;
d)    use content from www.financialarticles.com.au to provide advice.  It is to be used for information only purposes by the subscriber.
You agree to indemnify FWA and FWA accepts no liability for any action, claim or damages arising out of any prohibited actions by the subscriber.

5.    Password
The registered subscriber contact must ensure that their password remains confidential at all times.  The registered subscriber contact is entirely responsible for all use and activities associated with or arising from any use of their email address and password (regardless of whether such use was authorised by the subscriber), including unauthorised use of any credit card associated with this subscription. Each password must be used by the person it is attributed to and is not transferable. You must immediately notify FWA if you become aware of any unauthorised use of your email address and password.  FWA can monitor usage of this system for any unauthorised access (including but not limited to concurrent use of an email address and password) and may take action, including immediately terminating your subscription.

6.    Subscription Fees
Payment of subscription fees is available using the Ezidebit payment system.  As soon as FWA is advised that your payment has been processed by Ezidebit, your subscription will be upgraded to allow you to access the entire library.  Payment by cheque will only be accepted for a 12-month subscription paid in full. If you elect to pay by cheque, your subscription commences on the day the funds are cleared to the FWA bank account. You will be notified via email of the commencement of your subscription ("Commencement Date"). If, for any reason, your cheque does not clear, your subscription will not be registered.

All subscriptions are paid by monthly direct debit for a minimum twelve-month term. Upon application, the subscriber will complete and sign an Ezidebit form authorising payments to be made to FWA from the subscriber's nominated bank account or credit card.  To provide this service, Ezidebit will charge a small processing fee with each payment. Please note that if during the initial twelve-month period the subscriber wishes to end their subscription to www.financialarticles.com.au for whatever reason, the monthly deductions will continue until payment for the full twelve month period has been paid. Alternatively, the subscriber must pay the outstanding subscription to FWA in a lump sum.

Invalid applications
A full description of subscription types is shown under Clause 3 of these Terms & Conditions, which must be accepted by the potential subscriber prior to submitting an application. If an invalid application for a paid subscription is received by FWA, corrections will be made to the application and returned to the potential subscriber for acceptance. 

Unsuccessful applications
FWA has the sole right to reject any application that it deems may be used in contravention of the library terms and conditions.  FWA is not required to provide an explanation for the rejection of any application.

Subscription period
Paid subscriptions to www.financialarticles.com.au are for a minimum of twelve months and after that period has been reached, the subscription will continue until the subscriber advises FWA that it wishes to cancel the subscription.

FWA reserves the right to change the subscription fees it charges at any time. Subscribers will receive one month's prior notification of any such changes. Fee changes will not be applied within the initial twelve-month period of a subscription.

Free subscription trial periods cannot be renewed.

7.    Your Business Use Only
The www.financialarticles.com.au content is to be used to market your business only and is not to be shared or used to promote other businesses.  If you wish to market www.financialarticles.com.au commercially, ie. to on-sell to other users, you must sign an Agency Agreement with FWA.  To receive a copy of the Agency Agreement, contact FWA on (07) 3821 3773 or email library@financialwriters.com.au.

8.    Marketing Opt-in
By subscribing to www.financialarticles.com.au you agree to opt in to marketing communications from FWA. You may unsubscribe using the unsubscribe function on each e-news, request to be unsubscribed by return email, or by calling FWA on (07) 3821 3773.

9.    Updates
FWA will use its best endeavours to ensure the program and content of www.financialarticles.com.au is current, accurate and regularly updated.

10.    Force majeure
FWA is not responsible to its subscribers for any interruption to or delay in access to www.financialarticles.com.au which is caused by reasons outside of its control.

11.    Copyright
The subscriber acknowledges that FWA owns all right and title to the intellectual property vesting in the content of www.financialarticles.com.au. ; FWA grants the subscriber a limited licence to use the content but only for the purposes set out in these terms and conditions.  FWA does not require any recognition of this copyright when the subscriber publishes any content from the library.

12.    Representatives of FWA
Representatives of FWA may contact you to discuss opportunities so you may receive further benefits from your subscription.  If you do not wish to be contacted in this regard, please advise FWA via library@financialwriters.com.au or phone (07) 3821 3773.

13.    Changes to Terms and Conditions
FWA maintains the right and responsibility to update these Terms and Conditions as required. FWA will advise subscribers of these changes via email to the address provided on the subscription form. 

14.    Termination of Agreement
a)    By the Subscriber
The minimum paid subscription period is twelve months, however, the subscriber may terminate their subscription at any time by advising FWA in writing.  The subscriber's username and password will be cancelled as per the request.  Subscription fees are not refundable.  If the subscriber is paying by monthly deductions, these repayments will continue to be deducted from the subscriber's nominated account until the initial twelve months is paid in full to FWA or a lump sum of the outstanding amount is paid to FWA.
b)    By FWA
Without prejudice to any other rights, FWA at their sole discretion and without notice may terminate the access to www.financialarticles.com.au if the subscriber fails to comply with these terms and conditions. In such an event, the subscriber's username and password will be immediately cancelled and no refund will be made.  If the subscriber is paying by monthly deductions, these payments will continue to be deducted from the subscriber's nominated account until the initial twelve months is paid in full to FWA.  FWA has the right to take further action if the subscriber is in breach of these terms and conditions.

15.    Disclaimer
To the fullest extent permitted by law, FWA disclaims all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of www.financialarticles.com.au.

16.    Limitation of Liability
i.  Nothing in these Terms and Conditions shall exclude or limit liability for:
a)    death or personal injury resulting from the negligence of either party or their servants, agents or employees;
b)    fraud or fraudulent misrepresentation;
c)    breach of any implied condition as to title or quiet enjoyment;
d)    any liability which may not by law be excluded.
ii.  Subject to the first paragraph of this clause, FWA shall not be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort [including negligence], breach of contract, misrepresentation or otherwise) for:
a)    any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
b)    the cost of obtaining similar or substitute services from anyone;
c)    any loss of goodwill or reputation; or
d)    any special, indirect or consequential losses;
e)    in each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.

iii.  Subject to the first paragraph of this clause, FWA's total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort, including negligence, breach of contract, misrepresentation or otherwise) shall not exceed the total subscription paid for one year only by this subscriber.

iv. Subject to the first paragraph of this clause:
a)    under no circumstances shall FWA be liable to any subscriber on account of that subscriber's misuse of www.financialarticles.com.au; and
b)    neither party shall be liable for any matter which is outside that party's reasonable control.

17.    Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia, and the subscriber and FWA hereby submit to the exclusive jurisdiction of the Australian courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit FWA seeking injunctive or similar relief in any jurisdiction.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

FWA may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by FWA and/or a third party who makes its software and/or content available in conjunction with or through FWA.





Updated 9 June 2010



Financial Writers Australia       
ABN: 46 099 932 135
PO Box 8002, Cleveland Qld 4163                Email:  library@financialwriters.com.au
Ph:  07 3821 3773   Fax: 07 3286 6067        Website:  www.financialwriters.com.au