Cashflow Manager Pty Ltd ACN 008 131 137 trading as Cashflow Manager (referred to as “Cashflow Manager”, “we” or “us”) owns the forum at community.cashflow-manager.com (Forum). These terms of use govern the use of the Forum by the user (referred to as “User” or “you”) (Terms). By accessing and/or using the Forum you agree to be bound by these Terms. Cashflow Manager may offer other products and services under different terms, these Terms only applies to the use of the Forum.

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Important Terms

These terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in Warranties and Disclaimers, limits on the company’s liability to you in Limits on Liability, your agreement to cover the company for damages caused by your misuse of the forum in Your Responsibility.

Your Account

To use the Forum, you must be a paying subscriber to the product known as “Cashflow Manager” and must register as a user by creating a user account (User Account). To register a User Account, you must possess the legal right and ability to enter into a legally binding agreement with us and you agree and warrant to use the Forum in accordance with these Terms.

You may only register a User Account if you:

  1. are at least eighteen years old;

  2. provide a valid email address;

  3. have a secure password for your User Account and keep it secret;

  4. consent to us contacting you about your User Account (including to verify the personal information that you have provided to us in your User Account) or the Forum; and

  5. keep the information provided current and up to date (including your contact details).

To create a User Account, you must provide us with some personal information about yourself. If you create an account, you must provide, at a minimum, a valid email address, residential address, telephone number, payment information and other personal information. You may close your account at any time by emailing community@cashflow-manager.com.

You are responsible for all actions taken using your User Account, whether authorised by you or not, until you either close your User Account or notify Cashflow Manager that your User Account has been compromised. You must notify Cashflow Manager immediately if you suspect your User Account has been compromised.

Cashflow Manager may restrict, suspend or close your account on the Forum according to its policy for handling copyright-related takedown requests, or if Cashflow Manager reasonably believes that you have broken any provisions of these Terms. You may no longer use the Forum if Cashflow Manager contacts you directly to say that you may not.

Prohibited Use

  1. use the Forum to break the law;

  2. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information;

  3. introduce malicious programs such as viruses, corrupted files, worms, trojan horses, e-mail bombs and other software or programs that may damage the operation of a computer;

  4. use the Forum in breach of laws relating to the protection of copyright, trade marks, trade secrets, patents or other intellectual property and laws relating to spam or privacy;

  5. make any unauthorised copy of any copyrighted material owned or licenced by Cashflow Manager or other third parties;

  6. use or try to use another user’s account on the Forum without their specific written permission;

  7. buy, sell or otherwise trade in user names or other unique identifiers on the Forum;

  8. send advertisements, chain letters or other solicitations through the Forum, or use the Forum to gather addresses or other personal data for commercial mailing lists or databases;

  9. automate access to the Forum or monitor the Forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the Forum to index it for a publicly available search engine, if you run one;

  10. use the Forum to send email to distribution lists, newsgroups, or group mail aliases;

  11. falsely imply that you are affiliated with or endorsed by Cashflow Manager;

  12. hyperlink to images or other non-hypertext content on the Forum on other webpages;

  13. remove any marks showing proprietary ownership from materials you download from the Forum;

  14. show any part of the Forum on other websites;

  15. disable, avoid, or circumvent any security or access restrictions of the Forum;

  16. strain infrastructure of the Forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Forum;

  17. impersonate others through the Forum; or

  18. encourage or help anyone in violation of these Terms.

Content Standards

You expressly acknowledge and agree that this Forum is a means of public and not private communication. Content submitted to this Forum can be accessed by other users and the general public. Due care should be taken when sharing private materials on this Forum. You must not post any content to the Forum that falls into any of the following categories and Cashflow Manager may remove any content that:

  1. illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive;

  2. violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others;

  3. contains malicious computer code, such as computer viruses or spyware;

  4. is a mere placeholder, to hold a particular address, user name, or other unique identifier; or

  5. discloses information that you do not have the right to disclose, such as others’ confidential or personal information.

Enforcement

Cashflow Manager may investigate and prosecute violations of these Terms to the fullest legal extent. Cashflow Manager may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these Terms. Cashflow Manager reserves the right to reveal your identity, or whatever information we know about you, in the event of a complaint or legal action arising from any content posted by you.

Cashflow Manager reserves the right to moderate content posted to the Forum. Cashflow Manager reserves the right to change, redact, revoke access to or delete content on the Forum at any time for any reason. If you believe someone has submitted content to the Forum in violation of these Terms, contact us immediately.

Your Content

Nothing in these Terms gives Cashflow Manager any ownership rights in intellectual property that you share with the Forum, such as your account information, posts or other content you submit to the Forum. Nothing in these Terms gives you any ownership rights in Cashflow Manager’s intellectual property.

Between you and Cashflow Manager, you remain solely responsible for content you submit to the Forum. You agree not to wrongly imply that content you submit to the Forum is sponsored or approved by Cashflow Manager. These Terms do not obligate Cashflow Manager to store, maintain, or provide copies of content you submit, or to change it.

Content you submit to the Forum belongs to you and you decide what permission to give others for it. However, at a minimum, you licence to Cashflow Manager, at no cost, to provide content that you submit to the Forum to other users of the Forum. This special licence allows Cashflow Manager to amend, copy, publish and analyse content you submit (in whole or in part) to the Forum.

When content you submit is removed from the Forum, whether by you or by Cashflow Manager, Cashflow Manager’s special licence ends when the last copy disappears from our backups, caches and other systems. Other licences you apply to content you submit, such as Creative Commons licences, may continue after your content is removed. Those licences may give others, or Cashflow Manager itself, the right to share your content through the Forum again.

Others who receive content you submit to the Forum may violate the terms on which you licence your content. You agree that Cashflow Manager will not be liable to you for those violations or their consequences.

Your Responsibility

Both you and Cashflow Manager agree to notify the other side of any legal claims for which you might have to indemnify Cashflow Manager within seven days. You agree to allow Cashflow Manager absolute discretion to control investigations, defences and settlements of legal claims for which you would have to indemnify us. You must cooperate with those efforts. Cashflow Manager will not agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement (acting reasonably).

Warranties and Disclaimers

Content posted to this Forum does not necessarily represent the opinions or ideals of Cashflow Manager or its related entities. To the maximum extent permitted by law, Cashflow Manager makes no warranties or representations about the Forum or the content, including but not limited to warranties 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 the Forum will be secure.

You accept all risk of using the Forum and content on the Forum. To the maximum extent permitted by law, Cashflow Manager and its related entities provide the Forum as is, without any warranty whatsoever.

The Forum may hyperlink to and integrate forums and services run by others. Cashflow Manager does not make any warranty about services run by others, or content they may provide. Use of services run by others are governed by other terms between you and the other service provider.

Limits on Liability

You agree to defend, indemnify and hold harmless Cashflow Manager, its related entities, its agents, affiliates, officers, employees and representatives from and against any and all claims, liability, loss, damages, costs and expenses arising from or related to your use, attempted use or misuse of the Forum, including, without limitation, your violation of these Terms, infringement by you, or any other subscriber or user of your User Account, of any intellectual property right or other right of any person or entity.

Cashflow Manager will not be liable for any loss or damage of any nature whatsoever, including without of limitation damages relating to indirect loss, consequential loss, lost revenues or profits, lost data, work stoppage, computer failure or malfunction resulting from or in any way related to the use of this Forum or use of any materials posted on or made available in this Forum or any other website to which a link is provided or on which a link is provided to this Forum.

To the maximum extent permitted by law, the total liability to you by Cashflow Manager for claims of any kind that are related to the Forum or content on the Forum will be limited to AU$50.

Feedback

Cashflow Manager welcomes your feedback. comments and suggestions for the Forum. See the Contact section below for ways to get in touch with us.

You agree that Cashflow Manager will be free to act on feedback, comments and suggestions you provide and that we will not have to notify you that your feedback, comment or suggestion was used, get your permission to use it, or pay you. You agree not to submit feedback, comments or suggestions that you believe might be confidential or proprietary, to you or others.

Termination

Either you or Cashflow Manager may end these Terms at any time. When these Terms end, your permission to use the Forum also ends.

The following provisions survive the end of these Terms: Your Account, Your Content, Your Responsibility, Warranties and Disclaimers, Limits on Liability, Feedback and General Terms.

General Terms

If a provision of these Terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign your agreement with Cashflow Manager (which may be withheld at our absolute discretion). Cashflow Manager may, at its absolute discretion, assign your agreement to any affiliate of Cashflow Manager, any other company that obtains control of Cashflow Manager, or any other company that buys assets of Cashflow Manager related to the Forum. Any attempted assignment against these Terms has no legal effect.

Neither the exercise of any right under these Terms, nor waiver of any breach of these Terms, waives any other breach of these Terms.

These Terms are governed by the laws of South Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

These Terms and the Privacy Policy for Cashflow Manager embodies all the terms of agreement between you and Cashflow Manager about the use of the Forum. These Terms, together with the Privacy Policy for Cashflow Manager, entirely replace any other agreements about your use of the Forum, written or not.

Contact

You may provide notice to Cashflow Manager under these Terms, and send questions to us, at community@cashflow-manager.com.

Cashflow Manager may provide notice to you under these Terms using the email address you provide for your User Account on the Forum, or by posting a message to the homepage of the Forum or your account page.

Changes

Cashflow Manager last updated these Terms on 22nd June, 2023. Cashflow Manager reserves the right to update or modify these Terms at any time without prior notice to you. Your use of this Forum following any such change constitutes your unconditional agreement to follow and be bound by these Terms as amended. For this reason, we encourage you to review these Terms whenever you use this Forum.