“Gary Norden Website” is operated by Organic Financial Group Pty Ltd (ACN 142 666 162) (“OFG”), a company incorporated in Australia.
These Terms and Conditions of use of this Website apply as an agreement between you, the User of this Website and OFG, the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 10 and 14 – 24 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 4 and 11 – 13 additionally apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In these Terms and Conditions the following terms have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
‘Address” means Our postal address at (Level 2, 110 William Street, Perth WA 6000);
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer;
“Facilities” means collectively any online facilities, tools, services or information that “Gary Norden Website” makes available through the Website either now or in the future;
“Intellectual Property” means all intellectual property rights existing worldwide, including any patent or right to apply for a patent, any copyright or future copyright, any registered or other design or right to apply for a design, any right to confidential information, any trade mark whether or not registered, any right to a name, get up or indicia of business, any domain name, and any circuit layout or similar right;
“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Services” means the services available to you through this Website, specifically being the use of OFG’s proprietary e-learning platform;
“System” means any online communications infrastructure that OFG makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means anybody who accesses the Website;
“User Content” means any Content uploaded by a User to the Website, or submitted by a User to Us in connection with the Website;
“Website” means “Gary Norden Website” that you are currently using (www.garynorden.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
“We/Us/Our” means Organic Financial Solutions Pty Ltd (ACN 142 666 162), a company incorporated in Australia.
2. Geographic Restrictions
The information in this Website may be accessed worldwide however it is not directed at residents in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. OFG is not registered with any United States regulator including the National Futures Association (“NFA”) and Commodity Futures Trading Commission (“CFTC”), therefore products and services offered on this website are not intended for residents of the United States.
OFG does not hold an AFSL and therefore this website is not intended for Australian residents. Accordingly, Australian residents should not access the material. By registering for the website you acknowledge that you are not an Australian resident. OFG may request proof that a user is not an Australian resident and reserves the right to deny access to anyone who cannot provide such information.
3. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
4. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
5. Intellectual Property
- 5.1 You acknowledge that OFG (together with its affiliate or other relevant third party licensors) is the owner of all Intellectual Property subsisting in all Content on this Website. This includes all text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. You acknowledge that such Content is protected by applicable Australian and international intellectual property laws and other laws.
- 5.2 You may not reproduce, copy, distribute, transmit, communicate, store or in any other manner re-use Content from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so. OFG reserves all rights in this regard. Content from the Website may only be re-used without written permission only to the extent that copyright laws may specifically permit in the jurisdiction where you are located.
6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of OFG or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.garynorden.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us by email at email@example.com
8. Use of Communications Facilities & User Content
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly employees and representatives of OFG or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
- 8.2 You acknowledge that OFG reserves the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that OFG may retain copies of any and all communications made to Us or using Our System.
- 8.4 You acknowledge that any User Content you upload to the Website or submit to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information
- 8.5 You warrant that any User Content that you upload to this Website or submit to Us is original and that you exclusively own all rights in respect of that User Content, including the right to allow Us to sub-license those rights without Us incurring any obligations or liability to third parties.
- 8.6 User Content may not infringe or interfere with Intellectual Property or other rights of any third-party. By uploading any User Content to the Website, or submitting any User Content to Us, you grant Us a perpetual, irrevocable, non-exclusive, royalty-free, and fully sub-licensable worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Content in any media. You acknowledge that We own all Intellectual Property rights in any modification, adaptation or derivative work that We create from User Content.
- 8.7 At our absolute discretion, We reserve the right to withhold any User Content from publication on the Website, or to remove and permanently delete any User Content from the Website.
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 You must not share your Account details with third parties, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. You must not let anyone else access your account, or do anything that might put the security of your account at risk.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. If an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you will be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation of Accounts
- 10.1 Either OFG or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
11. Services, Pricing and Availability
- 11.1 Whilst every effort has been made to ensure that all general descriptions of Services available from OFG correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.9 for incorrect Services.
- 11.2 From time to time, We may update, amend, change or delete the Services (or any part of the Services) available on this Website. We will give you at least 28 calendar days notice of any material changes to be made in respect of any Services you have already purchased and you have not yet completed.
- 11.3 Where appropriate, you may be required to select the required Plan of Services.
- 11.4 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 11.5 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 11.6 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
12. Orders and Provision of Services
- 12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between OFG and you.
- 12.2 You acknowledge that:
- 12.2.1 prior to entering into these Terms and Conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these Terms and Conditions and that prior to entering into these Terms and Conditions you have availed yourself of that opportunity; and
- 12.2.2 at no time prior to entering into these Terms and Conditions have you relied on Our skill or judgment and that it would be unreasonable for you to do so.
- 12.3 Order confirmations under sub-Clause 12.1 will be sent to you before the Services begin and shall contain the following information:
- 12.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services:
- 12.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges:
- 12.3.2 Relevant times and dates for the provision of the Services:
- 12.3.4 User credentials and relevant information for accessing those services.
- 12.4 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.:
- 12.5 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 12.6 We aim to fulfill your Order within 2-3 working days or if not within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 13, will be affected.
- 12.7 OFG will use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 12.8 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- 12.9 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 12.10 OFG provides technical support via our online support forum and/or phone, OFG makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
13. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from OFG. If you need to speak to us about your Order, then please contact Us by email at [firstname.lastname@example.org] or write to us at our Address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 15.2 You acknowledge that any information or advice contained on this Website is general in nature only and does not constitute personal or investment advice. We will not accept liability for any loss or damage, including without limitation to any loss of profit, which may arise directly or indirectly from the use of or reliance on such information. You should seek independent financial advice prior to acquiring a financial product. All securities and financial products or instruments transactions involve risks. Please remember that past performance results are not necessarily indicative of future results.
- 15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 15.4 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
- 15.5 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While We strive to protect such information, We do not warrant and cannot ensure the security of any information which you transmit to Us. Accordingly, any information which you transmit to Us is transmitted at your own risk. Nevertheless, once We receive your transmission, We will take reasonable steps to preserve the security of such information. You acknowledge sole responsibility for and assume all risk arising from your use of this Website.
16. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Website
- 17.1 The Website is provided “as is” and on an “as available” basis, OFG uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 17.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to. ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
- 18.1 Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms and Conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these Terms and Conditions void, illegal or unenforceable. Subject to that:
- 18.1.1 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do We accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website;
- 18.1.2 Any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
- 18.1.3 Except in relation to liability for personal injury (including sickness and death), We do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Website or respect of any failure or omission on Our part to comply with Our obligations as set out in these Terms and Conditions.
- 18.2 In any event, to the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.
- 18.3 Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
- 18.3.1 This sub-clause applies in respect of any of the goods or services supplied under these Terms and Conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
- 18.3.2 Liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51 to 53 of that Law, is limited:
(i) in the case of goods, to any one of the following as determined by us:
(A) the replacement of the goods or the supply of equivalent goods; or
(B) the repair of the goods; or
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired;
(ii) in the case of services, to any one of the following as determined by us:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
- 18.4 If any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term applies only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this will not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions prevail unless it is expressly stated otherwise.
21. Third Party Rights
Nothing in these Terms and Conditions confers any rights upon any third party. The agreement created by these Terms and Conditions is between you and OFG.
- 22.1 All notices / communications shall be given to Us either by post to Our Premises (see Address above) or by email to email@example.com. Such notice will be deemed received when actually delivered if sent by post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 22.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
23. Law and Jurisdiction
These Terms and Conditions and the relationship between you and OFG are governed by and construed in accordance with the Law of Western Australia and OFG and you agree to submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.