Please read this carefully. By accessing the 1stcontact.com.au web site at www.1stcontact.com.au
(the "Web Site") you are agreeing to the terms that appear below, whether
or not you register as a user. All 1st Contact Web Sites
are collectively referred to in these terms as "the Site". If you have
any questions, please contact us
Introduction
1stcontact.com.au is owned and operated by 1st Contact Group
("1st Contact Group").
Use of content and linking to the Site
All material on the Site, including News by E-mail and content made available via
the SMS and WAP Services (collectively, the "Content") belongs to 1st Contact Group or its licensors. You may retrieve and display
Content on a computer screen, PDA or mobile telephone, print individual pages on
paper (but not photocopy them) and store such pages in electronic form on disk or
on your mobile telephone (but not on any server or other storage device connected
to a network) for your personal, non-commercial use.
- providing a personalised service
- conducting market research surveys
- running competitions
- providing you with information about products and services we offer
Requests to republish or redistribute Content should be addressed to 1st
Contact Group by contacting us.
You acknowledge that "1st Contact Group ", "1stcontact.com.au
" are trade marks and that you may not use them without written permission
from 1st Contact Group
- must display an 1st contact logo
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to, but not replicate, the content;
- must not create a frame or any other browser or border environment around the content;
- must not in any way imply that 1st Contact Group is endorsing
it or its products or services;
- must not misrepresent its relationship with 1st Contact
Contact Group;
- must not present false information about 1st Contact Contact Group;
- must not use any 1st Contact Group trade marks displayed
on the Site without permission from 1st Contact Contact Group;
- must not be a web site or WAP site that infringes any intellectual property or other
right of any person or that otherwise does not comply with all relevant laws and
regulations;
- must not be a web site or WAP site that contains content that could be construed
as distasteful, offensive or controversial.
1st Contact Group expressly reserves the right to request
that any link in breach of these terms be removed and to take whatever other action
it deems appropriate.
Registration
On registration, you must provide 1st Contact Group with
accurate, complete registration information and it is your responsibility to inform
1st Contact Group of any changes to that information (including
in particular your e-mail address) by contacting us.
- any other person sharing your user name and password;
- access through a single name and password being made available to multiple users
on a network.
You are responsible for all use of the Site made by you or anyone else using your
user name and password (collectively, "ID") or using your mobile telephone
to access the SMS Services or WAP Site and for preventing unauthorised use of your
ID. If you believe there has been any breach of security such as the disclosure,
the 1st Contact Group or unauthorised use of your ID or
any payment information, you must notify 1st Contact Group
immediately.
If you register to use the free e-mail service on the Site, you must not use the
service to send, or use or re-use any material which is unlawful, threatening, abusive,
libellous or indecent or which infringes copyright or other rights of third parties
or which contains any other form of illegal content. You must not use the service
to send any chain e-mails or SMS messages or "spam".
If on registration (or on amendment of your registration details) you provide 1st Contact Group with an email address that will result in
any emails 1st Contact Group may send you being sent to
you via a computer network operated by or on behalf of your employer or college
(or similar) then you are warranting that you are entitled to receive emails at
that address. You also agree that 1st Contact Group may
refrain from sending you any emails to such address without notifying you, even
if you have subscribed to receive them, if we receive a request from your employer
or college to stosending emails to that address.
Community Forums
The Site includes bulletin boards, discussion groups and other public areas that
allow feedback to 1st Contact Group and interaction between
users and 1st Contact Group journalists ("Forums").
While 1st Contact Group does not control the information/materials
posted to Forums by users (the "Messages"), it reserves the right (which
it may exercise at its sole discretion without notice) to delete, move or edit the
Messages and to terminate your access to and use of the Forums and you waive any
moral rights that you may have in regard to the Messages.
You are solely responsible for the content of your Messages. You must comply with
any rules posted by 1st Contact Group on a Forum.
- post, link to or otherwise publish any Messages containing any form of advertising
or promotion for goods and services or any chain Messages or "spam";
- post, link to or otherwise publish any Messages with recommendations to buy or refrain
from buying a particular security or which contain confidential information of another
party or which otherwise have the purpose of affecting the price or value of any
security;
- post, link to or otherwise publish any Messages that are unlawful, threatening,
abusive, libellous, indecent, infringe copyright or other rights of third parties
or which contain any other form of illegal content;
- post or otherwise publish any Messages that contain a virus or other harmful component;
- disguise the origin of any Messages;
- impersonate any person or entity (including 1st Contact
Contact Group. employees or Forum guests or hosts) or misrepresent any affiliation with any
person or entity;
- post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
- post or transmit any Messages that containSoftware viruses, files or code designed
to interrupt, destroy or limit the functionality of the Site or any computer software
or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
By submitting messages to any Forum you agree to indemnify and hold harmless 1st Contact Group from all claims, costs and expenses (including
legal expenses) arising out of any Messages posted or published by you that are
in breach of this section.
The Forums contain Messages submitted by users over whom 1st
Contact Group has no control. 1st Contact Group cannot guarantee
the accuracy, integrity or quality of any Messages. Some users may breach these
terms and post Messages that are misleading, untrue or offensive. You must bear
all risk associated with your use of the Forum and should not rely on Messages in
making (or refraining from making) any specific investment or other decisions.
1st Contact Group journalists (who will be clearly identified
as such) will also contribute material to the Forums in order to stimulate discussions
and ensure the smooth running of the Forums. The Forums may also contain messages
from special guests selected by 1st Contact Group. The
opinions of those 1st Contact Group journalists and special
guests are their own and are not necessarily endorsed by 1st
Contact Group . They should not be considered by you as professional advisers.
By submitting Messages to any Forums you are granting 1st
Contact Group a perpetual royalty free non-exclusive licence to reproduce, modify,
translate, make available, distribute and sub-license the Message in whole or in
part and in any form. This may include personal information such as your user name
and alias and your expressions of opinion. 1st Contact
Contact Group. reserves the right to contact you by e-mail with regard to your use of the
Forums.
It is not possible for 1st Contact Group to fully and effectively
monitor when Messages infringe the copyright of a third party or other third party
rights. If you believe that a Message infringes any legal rights that you may have,
you should notify 1st Contact Group immediately by notifying
us
No warranties, exclusion of damages, limitation of liability and exclusive remedy
The Content is only for your general information and use and is not intended to
address your particular requirements. In particular, the Content does not constitute
any form of advice, recommendation or arrangement by 1st
Contact Group and is not intended to be relied upon by users in making (or refraining
from making) any specific investment or other decisions. Appropriate independent
advice should be obtained before making any such decision. Any arrangements made
between you and any third party named on this Site are at your sole risk and responsibility.
No warranties
Because of the number of sources from which 1st Contact
Contact Group. Obtains content and the nature of electronic distribution via the internet
and mobile telephones (or other portable electronic devices), 1st
Contact Group Does not give any warranties in respect of the site, content, 1st Contact Group Software or services available through the
site (collectively, "site services"). In particular, the site services
are provided on an "as is", "with all faults" and "as available"
basis. To the extent allowed by applicable law, 1st Contact
Contact Group. Hereby disclaims all warranties, conditions or duties of every nature whatsoever
(except any duties of good faith), including without limitation, any implied warranties
of merchantability or of fitness for a particular purpose, any express or statutory
warranties, and any warranties or duties regarding accuracy, timeliness, completeness,
performance, lack of negligence or of workmanlike effort. Additionally, 1st
Contact Group Makes no warranty that the site services are free from infection by
viruses or anything else that has contaminating or destructive properties.
Also, 1st Contact Group does not provide any warranty against
infringement or of title or quiet enjoyment and makes no express warranties.
No incidental or consequential damages
To the full extent allowed by applicable law, you agree that 1st
Contact Group Will not be liable to you and/or any third party for any consequential
or incidental damages (including but not limited to lost profits, loss of privacy
or for failure to meet any duty including but not limited to any duty of good faith,
lack of negligence or of workmanlike effort) or for any other indirect, special,
or punitive damages whatsoever that arise out of or are related to the site services
or to any breach of these terms by 1st Contact Group , even
if 1st Contact Group Has been advised of the possibility
of such damages and even in the event of fault, tort (including negligence) or strict
liability.
Limitation on damages; exclusive remedy
You agree that your only recovery for any damages that you incur, and your exclusive
remedy, shall be limited to the direct damages you actually incur in reasonable
reliance on the applicable site service up to a limit of the following, at 1st Contact Group 'S election: (1) a refund of the amount you
paid 1st Contact Group (if any) to receive the relevant
service in total during the month in which the damage is first incurred, less any
reasonable allowance for complying services, or (2) correction or replacement of
the service. All limitations will apply to all legal and equitabletheories.
Links
The Site and its services contain links to other World Wide Web or WAP sites provided
by independent third parties ("Third Party Sites"), either directly or
through frames. Where possible, 1st Contact Group will make
clear where such links are being made, though Third Party Sites may be co-branded
with 1st Contact Group and so include 1st
Contact Group's trade mark. 1st Contact Group is not responsible
for the availability or content of Third Party Sites and will not be a party to,
or in any way responsible for, any transaction concerning goods or services available
from such ThirdParty Sites. You may use the Site to purchase products or services
from 1st Contact Group 's third party partners although
your contract for such products or services will be with the third party partner
and not with 1st Contact Group
Notwithstanding the provisions of this Section 6, 1st Contact
Contact Group. 's liability will not be limited in the case of death or personal injury directly
caused by 1st Contact Group 's negligence.
Privacy Policy
The information that you provide about yourself to 1st
Contact Group will only be used by 1st Contact Group in accordance
with its Privacy Policy Statement.
- using your information for the effective administration of the Site and to communicate
with you;
- the disclosure of your information within the 1st Contact
Group of companies throughout the world.
Please see our Privacy Statement.
The Privacy Policy Statement does not apply to Third Party Sites.
Changes to these Terms
1st Contact Group reserves the right, at its discretion,
to make changes to any part of the Site and its related services. Due to its policy
of updating and improving the Site, 1st Contact Group may
wish to change these Terms. When terms are changed, 1st
Contact Group will publish details of those changes by including them at the end
of these Terms (see "Details of Changes"). If you use the Site or related
services after 1st Contact Group has published or notified
you of the changes, you are agreeing now to be bound by those changes. If you do
not agree to be bound by those changes, you should not use the Site (and should
cancel your subscription to any related services) any further after they are published
at the end of these Terms or after you receive notice of them.
Advertising and Sponsorship
Part of the Site or related services may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Site complies with international and national law. 1st
Contact Group will not be responsible for any error or inaccuracy in advertising
or sponsorship material.
Competitions and Prizes
From time to time 1st Contact Group will run competitions,
free prize draws and promotions on the Site. These are subject to additional terms
that will be made available at the time they are run.
Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law.
The parties irrevocably agree that the courts of England shall (subject to the paragraph
below) have exclusive jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms or the legal relationship established by
them, and for those purposes irrevocably submit all disputes to the jurisdiction
of the English courts.
For the exclusive benefit of 1st Contact Group , 1st
Contact Group shall retain the right to bring proceedings as to the substance of
the matter in the courts of the country of your residence or, where these Terms
are entered into in the course of your trade or profession, the country of your
principal place of business.
General
You may not assign, sub-license or otherwise transfer any of your rights under these
Terms.
If any provision of these Terms is found to be invalid by any court having competent
jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not
constitute a waiver of that right or remedy. Headings in these Terms are for convenience
only and will have no legal meaning or effect.
Your statutory rights are not affected.
Exchange Rate Terms:
Making use of a Debit card:
The exchange rate displayed when you submit your transfer will be the actual rate
secured if the following terms are met:
- A valid UK debit card in your own name is used on our website successfully
- The “on my request” option is not selected
- Your account has been activated and you have received a confirmation email stating
this
1st Contact reserves the right to amend rates at their
discretion in line with the market movements, when the transfer is uploaded outside
office hours (8am – 5pm (GMT), Monday to Friday - excluding Bank holidays).
Making use of other payment methods, including Internet Banking & Cash Deposits:
- Your indicative rate is not guaranteed when using any payment method other than
your Debit Card
- Rates can be fixed telephonically once your funds have cleared into our account,
note that fixing rates does not allow you to benefit from any subsequent currency
movements.
Governing Law
These Terms are governed by the laws of England and Wales and the Applicant irrevocably
submits to the jurisdiction of English courts.
Disclaimer
Subject to the provisions of the Unfair Contract Terms Act 1977, the Supply of Goods
and Services Act, 1982 and otherwise by law, 1st Contact
Contact Group.
If you have any requests concerning your personal information or any queries with
regard to these practices please contact our Privacy Department by
contacting us.
Details of Changes to the Terms & Conditions
Changes were made to “Exchange Rate Terms” (See number 13).
If you have any requests concerning your personal information or any queries with
regard to these practices please contact our Privacy Department by
contacting us.