Terms & Conditions
This website (Website) is owned and operated by Island Spirit Australia Pty Ltd ABN 91 005 541 346 (Island Spirit, we, us or our) and may contain information regarding Island Spirit and the related companies of Island Spirit.
Your access to, and use of the Website is subject to these Terms. By accessing, viewing or otherwise using this Website, You agree to be subject to and bound by these Terms.
We agree to You accessing the Website and accessing or downloading Content from the Website in accordance with these Terms.
(a) In order to use the Services, you will be required to register with us in order to open an account via the Website ("User Account") and complete the Website's registration process.
(b) In order to create a User Account, you will have to submit your email address and choose a unique password. In order to use the Services through the User Account, you will be required to verify your User Account by submitting your full name, telephone number and address. In addition, you will be required to submit KYC documentation for verification, including:
(i) Primary Photographic Identification Documents;
(ii) Primary Non-Photographic Identification Document and Secondary Identification Document; or
(iii) reliable and independent documentation or electronic data as determined by Island Spirit from time to time.
(c) Even after you complete the registration and verification processes, we may require that you submit additional details and/or documentation or make other demands in order to fulfil our KYC requirements and our own standards, and your compliance with such request is a condition precedent for the provision of the Services to you.
(d) Some of the information that you will be required to provide as part of the verification process is required due to certain KYC requirements that apply to Island Spirit, and Island Spirit may require additional information for this purpose. Island Spirit reserves the right to deny your access to the Services in the event that you fail to satisfy its KYC requirements or any other aspect of the registration or verification process.
(e) When you open a User Account, you represent and warrant that all the details and documentation that you submitted as part of the registration process are genuine and correct. You also represent and warrant that you are aware that the provision of partial or false information to Island Spirit is a violation of the law and doing so exposes you to sanctions or legal proceedings.
(f) You shall be fully responsible to maintain confidentiality of your User Account and not transfer your User Account's (including your login and password) details to third parties. You are responsible for all instructions and communications which are initiated via your User Account. The full responsibility for an unauthorised use of your User Account lies solely with you, and you will bear, alone, all responsibility derived of an unauthorised use of your User Account. If you misplace, forget or lose your User Account details, we shall not be liable for any direct or indirect loss associated with such occurrence. You must notify Island Spirit immediately of any suspected unauthorised use of your User Account, password or any of your user credentials, or any other breach of security.
(g) It is your responsibility to keep your email address associated with your User Account up to date, so that we can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by us, because your User Account's email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications.
(h) In addition, when you create a User Account, you agree:
(i) to use your User Account, the Services and the Website for your personal and non-commercial use only;
(ii) not to use or access a User Account other than your own and not on behalf of third parties;
(iii) not to allow third parties to access your User Account;
(iv) promptly notify us if you discover or otherwise suspect any security breaches or misuse related to your User Account;
(v) not to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website and/or Services and/or User Account; and
(vi) not to use the Services and/or Website to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing or malicious hacking.
(i) If, at our sole discretion, we take the view that you are in breach of any of the representations, warranties or undertakings set out in these Terms, we reserve the right to immediately suspend your User. Termination is not the exclusive remedy for such a violation and we reserve the right to take further action against you.
(a) Island Spirit may charge fees in respect of each Service. Any fees payable for a Service will be disclosed before the Service is provided to you.
(b) Fees charged for each Service, as varied from time to time, will also be displayed on the Website.
4 Website and Content
The Website and the Content is intended to provide You with general information only. All Content available on the Website, including (without limitation) any tools, calculators, articles, statements, representations and information is of a general nature only and does not take into account Your investment objectives, particular needs or financial situation. The Content should not be relied upon as the basis of an investment decision. You should seek independent advice from professional advisors before making any decisions regarding the Content or any investment. While we will endeavour to keep this Website and the Content up to date and accurate, we cannot guarantee that the Website or Content will be up to date or accurate.
5 Other agreements
These Terms only govern Your access to and use of the Website. If You enter into any transaction, or have any other dealings with us, then such transaction or dealings will be governed by the terms of a separate agreement between You and us.
6 Intellectual property
All trade marks on this Website are owned, or used under licence, by us. Nothing contained on this Website should be construed as us granting You any licence or right to use or reproduce any trade mark. Content is protected by copyright laws and is owned, or used under licence, by us. You may view any Content on the Website for the purposes of accessing our Website in accordance with these Terms however you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Website without obtaining our prior written consent.
7 Compliance with directions
You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website (including any notice provided via the Website).
9 Your privacy
(b) Sensitive information between your browser and the Website is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Website's certificate.
(c) Island Spirit will use reasonable precautions to maintain the security and confidentiality of your Personal Information and data. However, given such Personal Information and data is provided and stored on the internet, you acknowledge and agree that Island Spirit cannot guarantee the security or confidentiality of your Personal Information and data.
(d) You accept the risk of a third party receiving your Personal Information and data, and specifically release and indemnify Island Spirit from any claim arising out of a third party intercepting, accessing, monitoring or receiving any communication between you and Island Spirit.
(a) You agree not to do any of the following (unless expressly permitted under these Terms or if You have obtained our prior written consent):
(i) copy, reproduce, replicate, post or redistribute the Content or any portion thereof;
(ii) modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content obtained or derived from or through this Website;
(iii) use this Website or the Content for any commercial purpose; or
(iv) access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
(b) You agree not to post, upload to, email, transmit, distribute, store, create or otherwise publish through this Website any Unacceptable Content.
(c) Your use of the Website is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint Island Spirit as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for Island Spirit and to supply Services to you.
(d) You are licensing to Island Spirit and its service providers (including but not limited to Basiq) (Service Provider) any Content You provide through or to the Services, the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to You.
(e) You acknowledge and agree that a Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the Services.
11 Provide accurate information
(a) You agree to provide and warrant that all information provided or otherwise submitted via the Website is true, accurate and complete.
(b) You acknowledge and agree that You are responsible for your use of the Website and that:
(i) You use the Website at your own risk;
(ii) the Website will only be used for Your own lawful purpose in accordance with these Terms; and if there are any unauthorised access or use of the Website or any breach of security, You must immediately notify Island Spirit of such activity.
12 Proprietary rights
You represent and warrant that you are permitted to use content delivered to You via the Website. You cannot copy, reproduce, distribute or create derivative works from this content. You agrees not to reverse engineer any of the source code or technology associated with the Website.
You acknowledge and agree that:
(a) You will open and operate your account and use the Website in accordance with these Terms.
(b) Nothing in the Website is intended to be, or should be taken as, financial, legal, taxation or accounting advice. You should seek you own financial, legal, taxation or accounting advice as needed, and before using the Website or Service;
(c) Your use of the Services and all information, products or content are provided to You in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, You and Service Providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services;
(d) You are responsible for determining the suitability of any Services and You rely on any Content or other information provided via the Services at Your own risk;
(e) use of the Services, Content and other information provided by Island Spirit and Service Providers is at Your own risk and the restrictions applicable to Island Spirit are equally applicable to You;
(f) Island Spirit and Basiq make no warranty that:
(i) the Services will meet Your requirements;
(ii) the quality of the Services will meet Your expectations;
(iii) the Services will be uninterrupted or error-free;
(iv) any information, product or content obtained via the Services will be accurate or reliable; and
(v) any errors in the software or technology will be corrected;
(g) You download or otherwise obtain through the use of the Services the material or data at Your own discretion and risk and that You will be solely responsible for any infections, contaminations or damage to Your computer, system or network; and
(h) Island Spirit and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of Your use of the Services, any third party software, services or operating system.
14 Limited warranties
You warrant that:
(a) You have the power, right, authority and entitlement to execute these Terms and perform Your obligations under these Terms;
(b) You full corporate power to execute, deliver and perform Your obligations under these Terms;
(c) these Terms constitute Your legal, valid and binding obligations, enforceable in accordance their terms by appropriate legal remedy; and
(d) in entering into and performing Your obligation under these Terms You have not and will not be in breach of any relevant law or any obligation owed to another person.
You agree to be liable for and to indemnify, defend and hold Island Spirit and Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any violation of these Terms or of any intellectual property or other right by You;
(b) any use or misuse of the Services, Content or data from or by You, Your employees, contractors or agents or any third party; and
(c) any breach of law, regulation or licence by You.
You agree that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these Terms.
Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If You are a Consumer and the goods and services which we provide You in respect of Your access to and use of the Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Your access and use of this Website and the Content is limited, at our option to:
(a) the supplying of the relevant services again; or
(b) the payment of the cost of having the relevant services supplied again.
If You do not access this Website and the Content as a Consumer, then to the extent permitted by law, we exclude all liability for any Loss incurred by You, however caused (including by our negligence), suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered.
17 Consequential loss
You agree that (subject to clause 15) we will not be liable for any consequential, indirect, special or other similar loss in relation to Your use of the Website or the Content, including loss of profits, loss of data, revenue or opportunity.
We may at any time and without any obligation to give notice to You:
(a) temporarily suspend or disable the Website or Your access to the Website; or
(b) permanently cease operating the Website.
You agree that You cannot make any claim against us for any Loss suffered by You as a result of any action taken by us pursuant to this clause 10.
This Website may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. These links do not indicate expressly or impliedly, any endorsement by us of the third party websites or the products and services provided on such websites. We are not responsible for the content or privacy practices associated with linked websites. You acknowledge and agree that all access to and use of any such third party websites and use of the website's products and services is solely at Your own risk.
20 Errors and defects
We do not guarantee that access to this Website will be uninterrupted or error free. The operation and functioning of our Website is reliant on our own, and our technology and telecommunications partners’, operational processes in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in our Website being unavailable from time to time and You acknowledge that You may not be able to access the Website or any associated accounts or related services during such periods.
Data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information You transmit to us or which we store, we do not warrant and cannot ensure the security of such information.
We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that we may, in our sole discretion, vary the features of functionality of this Website from time to time without any requirement to provide prior notice of the variation to You.
23 Force Majeure
We will not be liable for a failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond our reasonable control.
24 Overseas access
The Website may be accessed throughout Australia and overseas. We make no representations that the Content or the Website complies with the laws of any country outside Australia. If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.
(a) You may not assign Your rights or obligations under these Terms. Island Spirit may transfer or assign any and all of its rights and obligations hereunder to any third party without your consent.
(b) If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
(c) All terms implied by law, except those that cannot be lawfully excluded, are excluded.
(d) No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
(e) You must ensure that Your use of this Website complies with all applicable laws and regulations.
(f) These Terms are governed by, construed and enforced in accordance with the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.
In these Terms, unless the context requires otherwise:
Content means any information, material and content on this Website, including without limitation, information, text, graphics, materials, audio visual and other content available on the Website.
Consumer has the meaning given in section 3 of the Australian Consumer Law.
Data means all data, information, content or communications transmitted, uploaded or inputted to the Website by You or on Your behalf or otherwise as a result of Your use of the Website.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct or consequential.
Non PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption.
Personal Information has the meaning given by the Privacy Act 1988 (Cth).
Primary Non-Photographic Identification Document has the meaning determined by Island Spirit from time to time.
Primary Photographic Identification Document has the meaning determined by Island Spirit from time to time.
Secondary Identification Document has the meaning determined by Island Spirit from time to time.
Services means the services provided by Island Spirit Savings Pty Ltd through the Website from time to time.
Unacceptable Content means:
(a) content which, in our reasonably held opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
(b) content which is incorrect, false, misleading or defamatory; or
(c) files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
Website means the website www.Island Spiritsavings.com.
You or Your means the person who wishes to have access to this Website subject to these Terms.