Last Updated: 28 April, 2020
Welcome to https://www.moneygirl.co/ (Site).
This Site is operated by MoneyGirl Pty Ltd (ACN 633 030 323) (MoneyGirl, we, us, our) to help young women improve their financial literacy through our range of products and services, including without limitation, workshops, presentations, events, courses, programs, resources and content (collectively, the Offerings).
1. Acceptance of Terms
1.1 These Terms and Conditions (Terms) govern your use of this Site, as well as the Offerings, and forms a binding agreement between you, as either a user of this Site or a purchaser of our Offerings, and us. By visiting or using our Site and any of our Offerings, you agree to these Terms, which you acknowledge that you have read and understood.
1.2 If you are under the age of 18 years, you must obtain the consent of your parent or legal guardian (who must consent to and acknowledge these Terms) before using our Site and/or Offerings.
1.3 These Terms are important, and you should ensure that you have read them carefully. Please contact MoneyGirl at info@moneygirl.co if you have any questions regarding our Terms, Site or Offerings.
2. General Disclaimer
2.1 The information obtained from or through any of our Offerings or Site or any associated content and communication with MoneyGirl is intended for general education and information purposes only. You are solely responsible for confirming the accuracy and appropriateness of such information for your own personal use.
2.2 Any and all information provided by MoneyGirl (either directly via course materials, or indirectly through online content, platforms, forums and social media) is provided for the purpose of general education and information only and does not take into account your individual needs, personal financial circumstances or your investment objectives. You should not rely on our Offerings as a substitute for professional advice. Any information or educational tools you use or apply is at your discretion and risk.
2.3 While we take reasonable care in producing our Offerings, MoneyGirl and its officers, employees and agents do not warrant the accuracy or completeness of any information it provides and will not be liable for any loss or damage suffered as a result of any inaccuracies, errors or omissions or your reliance on our Offerings. Changes to our Offerings and our Site may occur at any time and may impact on the accuracy of the information.
2.4 MoneyGirl and its officers, employees and agents do not warrant that the delivery of our Offerings or the use or operation of our Site will be uninterrupted or error free or that our Offerings or our Site are suitable for any particular purposes or has any performance, functionality or security features except as required to be provided by law.
3. No financial advice
3.1 We do not provide general or personal financial advice, financial product advice, credit advice, tax advice, legal advice or any other professional advice requiring an Australian financial services licence, credit licence or any other licence, and accordingly our Offerings must not be relied upon as such. Before relying on the information we provide, you should consult your own independent professional advisers including, as appropriate, your financial adviser, accountant, tax professional and/or legal adviser in order to take into account your particular needs and specific financial situation.
3.2 MoneyGirl and its officers, employees, agents, instructors, or any speakers or persons who provide an Offering through MoneyGirl, are not establishing any professional-client relationship with you through your use or access of any of our Offerings.
4. Payment and Terms of Sale
4.1 Our Offerings may be made available for free or for a fee, at our sole discretion.
4.2 The price or fee we charge for any Offering, as well as payment options, will be made available at the time of purchase.
4.3 Only valid payment methods acceptable to us, or our designated third party merchant and payment processors, may be used to purchase access to our Offerings. By submitting your order to purchase or access our Offerings, you represent and warrant that you are authorised to use your designated payment method and authorise us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order. You agree to be subject to and comply with any applicable terms of use imposed any third party merchant and payment processors. This includes where we use a third party booking platform for you to book our Offerings such as workshops.
4.4 MoneyGirl and/or third parties may charge booking, processing and administration fees in addition to the cost of the Offering itself to help cover the cost of facilitating online payment or transaction fees.
4.5 Once you have submitted your order to purchase, all sales are final and, other than as expressly provided for in these Terms, we do not offer any refunds or cancellations, even if you choose to discontinue with the course or other Offering at any time.
5. Purchasing Tickets and Delivery of Offerings
5.1 Tickets purchased, or otherwise provided to you, for an Offering must be used by you and cannot be transferred to any other person.
5.2 Upon registration and during the course of an Offering, we may request information from you, including personal information, such as your full name, age, address, telephone number and email address, to help communicate or facilitate the provision of our Offering. You must provide accurate, current and complete information, as requested for an Offering, and it is your responsibility to promptly inform us of any changes to your information. We cannot be held liable for any loss in the event we are unable to contact you about any changes to our Offerings, such as changes to times and dates of any workshops, because your contact details are out of date.
5.3 All intellectual property in the content and material delivered at Offerings belongs or is licenced to MoneyGirl. Our content is provided for personal use only and is not for business or commercial use. You may not copy, reproduce or transmit our content to any other person.
5.4 MoneyGirl reserves the right to exclude you from any Offering should you, in MoneyGirl’s sole determination, violate these Terms or other third party terms of use or where you use our Offerings or Site for any objectionable or unacceptable purpose including without limitation if you post harmful or defamatory content, become disruptive, interfere with us or our other users, offend any person, tamper with our content or breach someone else’s privacy or intellectual property rights.
6. Online Offerings
6.1 Our workshops may be delivered to you in person and/or online. The delivery of our online workshops may be impacted by factors outside of our control such as your internet connection and location, the electronic device with which you use to join the online workshop, technology compatibility issues and the third party platform used to deliver the workshop. You must ensure you have an adequate internet connection and device to attend any online workshops. We cannot be held liable for any internet or connectivity interruptions or other issues associated with the delivery of any online workshops.
6.2 In order to join our online workshop you may be required to install programs and applications on your device. Such programs and applications may be owned or licenced by third party providers and you agree to be subject to and comply with any applicable terms of use. MoneyGirl is not responsible for any third party programs and applications that you use to access our online workshops or other Offerings.
6.3 Whilst parts of our Offering (such as access to our Site and online workshops) may be accessed from outside of Australia, our Offering is only designed and intended for use by individuals located in Australia. We reserve the right to restrict access to our Offerings to individuals located in Australia. If you access or use any of our Offerings from any jurisdiction outside of Australia you warrant that such access and use does not violate the laws of that particular jurisdiction and you agree to indemnify and hold us harmless from any loss, claim or damage resulting from such access or use.
7. Cancellations and Refunds
7.1 Occasionally we may need to cancel or reschedule an Offering such as where we need to change the time or date of any of our workshops due to events outside of our control. We will make every effort to reschedule any workshops that we cancel to another date that is within [30] days of the date of the cancelled workshop. However, in the rare and unlikely event of a cancellation without reschedule to another date that is within [30] days of the date of the cancelled workshop, a full refund for the amount you paid for the particular cancelled workshop will be offered. If you are not available to attend on the rescheduled date for a workshop that was cancelled by MoneyGirl then you are also entitled to request a full refund for the cancelled workshop. In such a case, a request for a refund should be sent to info@moneygirl.co within [7] days of being notified of the rescheduled date and in any event before the date of the rescheduled workshop. MoneyGirl will respond to refund requests within 5 business days of receipt. Where you have paid for a programme of workshops and a particular workshop is cancelled and not rescheduled as above or you are unable to attend on the rescheduled date and give us notice as above, the amount of the refund will be a pro rata amount that is equal to the price of the workshop that was cancelled. Refunds are generally processed by our third party merchant and the terms relating to such refunds including processing times will be subject to their terms of business. Where refunds are processed directly with us, then MoneyGirl will use best endeavours to provide refunds within [30] days of notice of cancellation. MoneyGirl will have no further liability to participants in respect to cancelled workshops which are not rescheduled as above.
7.2 No refunds are granted should you not be able to attend an Offering through no fault of MoneyGirl. For instance, if you change your mind or you can no longer attend a workshop that you booked because you have other commitments. However, at our sole and absolute discretion and without any obligation on us to do so, we may consider refund requests or a request for a credit to attend another workshop of materially equivalent value in exceptional cases where you can no longer attend a workshop. Any requests for refunds or credits must be sent to info@moneygirl.co at least [7] days prior to the date of the workshop.
7.3 Our Offerings which are workshops may have a limited number of spaces available. We do not guarantee availability of a workshop or other Offering. If you have enrolled in, or paid for an Offering, that is no longer available or which you cannot attend because it has already reached the maximum capacity set by MoneyGirl, the amount you paid for the Offering will either be refunded to you or we will credit your payment towards an equivalent Offering at another suitable time for you. You agree that, other than providing a refund for the amount paid by you to MoneyGirl, we are not liable for any damages or expenses that you incur if our Offerings are unavailable for any reason.
7.4 Where we deliver an online workshop and you were unable to access or attend the online workshop due to your internet connection or your device being inadequate, we cannot be held responsible and therefore will not provide a refund. However, MoneyGirl may at its discretion provide you with a recording (if any) of the workshop.
8. Recordings
8.1 You understand and acknowledge that MoneyGirl and/or its representatives may record any aspect of an Offering (Recordings). This includes recording workshops that are delivered in person and/or online. Those Recordings may be in the form of audio, video or still photography. Recordings may be retained and used for internal record-keeping and quality control and improvement purposes as well as for production of promotional or marketing or other materials to be used by MoneyGirl.
8.2 You hereby waive any and all legal rights you may have against MoneyGirl in respect of Recordings of your participation in any Offering and grant to MoneyGirl the absolute right and permission to copy and use, re-use and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
8.3 You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
8.4 You hereby release, discharge and agree to hold harmless MoneyGirl from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
9. References to third party products and services
9.1 In providing our Offerings, we may refer to other third parties (such as banks or other financial institutions, investment and financial advisers, financial planners, fund managers, superannuation providers and brokers) as well as the products and services offered by them. References to any third parties is not an endorsement or recommendation of those third parties or their products or services and should not be taken as implying any association or affiliation with them. MoneyGirl makes no representations or warranties as to any third parties or their products or services. We are not responsible and cannot be held liable for any services or products provided by any third-parties.
9.2 You should conduct and rely on your own research regarding any third-party providers and if necessary obtain your own independent professional advice before engaging with them or obtaining their products and/or services.
10. Link to Third Party Sites
10.1 Our Site and Offering materials may contain links to websites controlled, owned, or operated by third-party entities, organisations or people (Third Party Sites). Links to Third Party Sites on our Site or Offering materials are provided solely for your convenience. If you use these links, you leave our Site. We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. MoneyGirl therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.
11. Communications
11.1 If you have registered to our Site or are registered for any of our Offerings, you agree to receive emails from us at the email address you provided to us for customer services purposes, even if you have opted out of marketing communications.
11.2 By registering to our Site or for an Offering, you agree to receive email communication from us, in the way of updates and other marketing purposes. You may unsubscribe or opt-out from marketing communications at any time.
12. Our Rights to User Content
12.1 All content posted by you on our Site, social media platforms or during workshops, including comments, remarks, discussions, ideas, know-how, techniques, graphics, photos, images or other materials (collectively, User Content) will be deemed to be the property of MoneyGirl, and we will be entitled to use any User Content for any purpose, without restriction (except with respect to applicable privacy or copyright laws) or compensation to the person who has provided this User Content. You must only post User Content that you either created, own or have permission to use. We reserve the right to remove any User Content or other materials that may infringe copyright or any other applicable law. If under law, it is not permissible for MoneyGirl to own your User Content, you grant us an irrevocable, perpetual, worldwide and royalty-free sole and exclusive licence to use, copy, distribute and exploit your User Content.
13. Our Intellectual Property
13.1 You acknowledge and agree that we own all rights to our Site and Offerings and all the content displayed on our Site or part of our Offering, including, but not limited to, MoneyGirl’s name and logo, domain name, images, buttons, text, data, articles, blogs, design, source code, software, photos, images, videos, live events, course content, workshops, programs, presentations, slide decks, publications and other information (collectively, our Intellectual Property). Our Site and Offering services, content, trademarks, service marks, trade names, images, logos and other Intellectual Property are proprietary to or used with permission by MoneyGirl.
13.2 You agree that our Intellectual Property may not be copied, reproduced, distributed, republished, displayed, exploited, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written consent. You may not modify, transform, participate in the sale or transfer of, or create derivative or modified works based on any of Intellectual Property, in whole or in part.
14. Confidentiality
14.1 We respect your confidential information and by using our Site, social media platforms or participating in our Offerings, you agree to respect the same rights of the other users of our Site, social media platforms or participants of our Offerings and the representatives of MoneyGirl.
14.2 You agree:
(a) that any confidential information shared by any of our participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the participant who discloses it or to us;
(b) not to disclose such information to any other person or use it in any manner other than in discussion with participants during any Offerings; and
(c) that all materials and information provided to you by us are our confidential and proprietary information and intellectual property and belong solely and exclusively to us, and may only be used by you as authorised by us.
15. Privacy
15.1 Any personal information provided by you to MoneyGirl is subject to and will be handled in accordance with MoneyGirl’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms. You agree that, by using the Site, Offerings or communicating with MoneyGirl, you have read, understood and consented to the Privacy Policy.
16. Limitation of Liability
16.1 To the extent permitted by law, MoneyGirl (whether or not involved in creating, producing, maintaining or delivering our Site or Offerings) makes no representations or warranties regarding its products or services and excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our Site and Offerings in any way or in connection with the use, inability to use or the results of use of our Site and Offerings, any Third Party Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our Site or your downloading of any material from our Site or any websites linked to our Site.
16.2 Where liability cannot be excluded, we limit our liability to the re-supply of our Offering to you or refunding you the price you paid for the Offering.
17. Indemnity
17.1 You agree to indemnify and hold harmless MoneyGirl and its representatives from and against any and all claims, actions, damages, losses, liability, costs or expenses (including legal fees) arising from any act or omission by you, any breach by you of the Terms or any applicable law, reliance by you on any information obtained through the Site or Offerings, any comments, materials or content you submit to, post to or transmit through our Site and your access and use of the Site or Offerings including any breach by you of our Intellectual Property.
18. Events outside our Control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside of our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control including without limitation any technological or internet interruption, an act of God, strike, lock-out, earthquake, insurrection, epidemic or pandemic.
18.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
19. Our right to vary the Terms
19.1 We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version to our Site.
20. Modification and/or Termination
20.1 We reserve the right to modify or discontinue, temporarily or permanently, our Site or Offerings without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Offerings or any part thereof.
21. Jurisdiction and Governing Law
21.1 These Terms are governed by the laws of New South Wales.
21.2 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with these Terms or any Offering.
22. Severability
22.1 If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
23. Entire Agreement
23.1 MoneyGirl may set out specific additional terms from time to time that apply to particular Offerings. However, in the absence of any specific additional terms, these Terms constitute the entire and only agreement between you and us and supersede any and all preceding and contemporaneous agreements between you and us.
Last Updated: 28 April, 2020