Terms of use

Last updated 16/11/2017
 
Thank you for visiting the Toolkit website (Toolkit). This website is owned and operated by Financial Counselling Australia Ltd (ABN 67 073 167 361) (FCA). By completing the online registration process, you agree to these Terms of Use and our Privacy Policy (Terms) (even if you are using the Toolkit on behalf of a company). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. In these Terms, 'us', 'we' and 'our' means FCA.

Authorisation
You must be authorised to access the Toolkit. 

When you request authorisation, you will provide us with personal information such as your name, employer's name, work email, and work address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
 
When you request authorisation, you will select a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name.
 
To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us;
  • either a member of your State or Territory financial counselling association or have been given access to the Toolkit by FCA because of your role; and
  • agree and warrant to use the website in accordance with these Terms.

Your request will need to be accepted and verified by the membership secretary (or similar role) within your State or Territory financial counselling association or by FCA.

The information you provide when you register to join the Toolkit will automatically become part of your user profile. This can be accessed using the 'My Profile' link. You can edit your profile and make changes. It is your responsibility to keep your profile up to date. 

FCA reserves the right to revoke your access to the site if it believes you do not or no longer fulfil the requirements for access.
 
National Registration Number
The Toolkit automatically generates a National Registration Number (NRN). The NRN is for users who are either 'associate' or 'full/accredited' members of their respective State or Territory financial counselling associations.  You cannot opt out of receiving a NRN if you fall into one of these membership categories and register to use the Toolkit.
 
The purpose of the NRN is to provide a system that promotes confidence in the financial counselling profession by clients and other stakeholders.  The NRN signifies that a financial counsellor with a NRN is required to meet standards of professional development, be adequately supervised and abide by the Australian Financial Counselling Code of Ethical Practice. 
 
Searchable Directory
If you are a financial counsellor, with a membership category of “associate” or “full/accredited” member, when you register for initial access to the Toolkit, your personal information will be included in the directory of practising financial counsellors. You cannot opt out of this.
 
The directory is a searchable database and can be accessed by creditors approved by FCA. Creditors use the directory as a mechanism to verify that they are dealing with a bona fide financial counsellor, with a NRN and that the information provided is accurate and up to date.
 
General Terms
You are responsible for your use of the Toolkit, the information in your profile and for any consequences thereof. The content you submit, post, or display may be able to be viewed by other users of the Toolkit. You should only provide content that you are comfortable sharing with others in accordance with these Terms.
 
You may use the Toolkit only as permitted by law. We may suspend or remove your account if you do not comply with these Terms or our policies or if we suspect there has been any misconduct in relation to your use of the Toolkit.
 
In connection with your use of the Toolkit, we may send you notifications to the email address you provided when you registered. State or Territory financial counselling associations may also bulk email some or all of their members from the site and may contact you in this way. FCA can also access the bulk email function and may communicate with some or all State or Territory financial counselling association members or Toolkit users in this way.
  
We may modify the Terms from time to time. It is your responsibility to ensure you comply with the most current Terms. If you do not agree to any modified terms, you should discontinue your use of the Toolkit immediately. 
 
You may terminate your access to the Toolkit at any time by ceasing to use the Toolkit and/or contacting FCA and asking us to remove your access.
 
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
 
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Toolkit or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
 
We may, from time to time and without notice, change or add to the Toolkit (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Toolkit updated. We are not liable to you or anyone else if errors occur in the information on the Toolkit or if that information is not up-to-date.
 
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 
 
Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 
 
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
 
Any reproduction or redistribution of this website or the Content, or modification of the Content, without the prior permission and approval of FCA, is prohibited and may result in civil and criminal penalties.. 
 
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
 
No Commercial Use
This website is for your personal, non-commercial use only. Unless you have the prior written consent of FCA, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
 
Unacceptable Activity
You must not do any act that we reasonably consider to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • overriding any security features of the Toolkit;
  • posting or transmitting to this website any unsolicited advertising or 'spam', or other material which is detrimental to or in violation of our systems or a third party's systems or network security; and
  • removing any copyright, trademark or other proprietary rights notices contained on the Toolkit.
  • Without limiting the above, acts that are deemed inappropriate include:
  • posting or transmitting to this website any non-authorised material including, but not limited to, material which is racist, obscene, threatening, or pornographic;
  • using the Toolkit functions to harass, stalk or otherwise threaten another user; and
  • implying or stating you are affiliated with FCA without FCA's express prior written consent.

FCA reserves the right to revoke your access if it considers you have engaged in unacceptable activity. FCA is not required to provide reasons for the revocation. 

Not Legal Advice
Any Content or user provided content on the Toolkit, does not constitute legal advice. Any Content is not intended to be comprehensive and it must not be relied on as legal advice. We attempt to ensure that Content is current as at the date it is made available on the website, but the law or other circumstances may have changed since this time and we do not guarantee the currency of the content.
 
We recommend that you seek specific legal or other professional advice before acting or relying on any Content or user provided content. We are not responsible for any action taken or not taken in reliance on the Toolkit's Content or any user provided content.
 
Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties, guarantees or representations about this website or the Content, including but not limited to warranties, guarantees or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
 
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 
 
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
 
Jurisdiction and Governing Law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.