AGREEMENT BETWEEN USER AND CASHFLOW MANAGER UK

The Cashflow Manager UK Web Site is comprised of various Web pages operated by Cashflow Manager UK.

The Cashflow Manager UK Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Cashflow Manager UK Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Cashflow Manager UK reserves the right to change the terms, conditions, and notices under which the Cashflow Manager UK Web Site is offered, including but not limited to the charges associated with the use of the Cashflow Manager UK Web Site.

LINKS TO THIRD PARTY SITES

The Cashflow Manager UK Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Cashflow Manager UK and Cashflow Manager UK is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cashflow Manager UK is not responsible for webcasting or any other form of transmission received from any Linked Site. Cashflow Manager UK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cashflow Manager UK of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Cashflow Manager UK Web Site, you warrant to Cashflow Manager UK that you will not use the Cashflow Manager UK Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cashflow Manager UK Web Site in any manner which could damage, disable, overburden, or impair the Cashflow Manager UK Web Site or interfere with any other party’s use and enjoyment of the Cashflow Manager UK Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cashflow Manager UK Web Sites.

However Cashflow Manager UK receive compensation for products and services offered by linked sites.

USE OF COMMUNICATION SERVICES

The Cashflow Manager UK Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Cashflow Manager UK has no obligation to monitor the Communication Services. However, Cashflow Manager UK reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cashflow Manager UK reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Cashflow Manager UK reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cashflow Manager UK’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cashflow Manager UK does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cashflow Manager UK specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cashflow Manager UK spokespersons, and their views do not necessarily reflect those of Cashflow Manager UK.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Cashflow Manager UK OR POSTED AT ANY Cashflow Manager UK WEB SITE

Cashflow Manager UK does not claim ownership of the materials you provide to Cashflow Manager UK (including feedback and suggestions) or post, upload, input or submit to any Cashflow Manager UK Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cashflow Manager UK, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cashflow Manager UK is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cashflow Manager UK’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Cashflow Manager UK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Cashflow Manager UK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Cashflow Manager UK WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Cashflow Manager UK WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Cashflow Manager UK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Cashflow Manager UK WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Cashflow Manager UK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Cashflow Manager UK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Cashflow Manager UK WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Cashflow Manager UK WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Cashflow Manager UK WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Cashflow Manager UK WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Cashflow Manager UK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Cashflow Manager UK WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Cashflow Manager UK WEB SITE.

SERVICE CONTACT : info@cashflow-manager.com

TERMINATION/ACCESS RESTRICTION

Cashflow Manager UK reserves the right, in its sole discretion, to terminate your access to the Cashflow Manager UK Web Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

Contents of the Cashflow Manager UK Web Site may be the copyright of Cashflow Manager UK or copyright by Cashflow Manager and/or its suppliers. All rights reserved..

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

DISPUTES

If a dispute arises under this Agreement, you agree to first try to resolve that dispute with the help of a mutually agreed-upon mediator in Adelaide, South Australia. Any costs and fees other than legal representatives’ fees associated with the mediation will be shared equally by each of you and us. If it proves impossible to arrive at a mutually satisfactory solution through mediation under clause 31.1, you agree that together with you, we will submit the dispute to binding arbitration at info@cashflow-manager.com, to be held in Adelaide, South Australia pursuant to the terms of the Commercial Arbitration Act 1986. If we and you cannot agree on the appointment of an arbitrator within 21 days, an arbitrator will be appointed at the request of either you or us by the President of the Institute of Arbitrators and Mediators (South Australian Division). Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so

GOVERNING LAW

This Agreement is governed by the laws of the State of South Australia, without regard to the conflict of laws rules. You agree that we and our Affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of South Australia, and you consent to non-exclusive jurisdiction and venue in such courts.

ENTIRE AGREEMENT

This Agreement (including all documents incorporated by reference) is the entire agreement between you and us in respect of its subject matter and supersedes all prior and contemporaneous communications between you and us. No term of this Agreement may be waived by us except in written document signed by our authorised representative.

SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and we agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described in this Agreement is given effect to the fullest extent possible. Any failure by us to act with respect to a breach of this Agreement by you or by others does not waive our right to act with respect to such breach or subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or our Affiliates as a result of this Agreement or your use of the Site.