Terms & Conditions

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Ocean Road Consulting Pty Ltd (ACN: 631 061 688) trading as “Cashflow Co” (Company, we, our etc) operates and publishes the website located at http://cashflowco.com.au/ (Website). Through the Website, the Company provides a money mentorship coaching program and a membership to its ‘members’ (Services). 

For the avoidance of doubt, the Company does not, in the provision of the Services, provide financial advice, financial product advice or recommendations.

The Company can be contacted at 25 Cloudbreak Street, Armstrong Creek, VIC Australia or via email at [email protected].

Your interactions with the money mentorshp, the membership and use of the Website is governed by these terms and conditions (Terms and Conditions).

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

Access Right has the meaning given to it in clause 17.1;

Account means an account setup by you in order to be a Member and to access the Website and the Services;

AFSL means an Australian Financial Services Licence;

ASIC means the Australian Securities and Investment Commission;

Company Content has the meaning given to it in clause 17.1;

Forum has the meaning given to it in clause 8.1;

GST has the meaning given to it in the GST Act;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Members means a person who having created an Account and subject to the payment of the Price and compliance with its obligations under these Terms and Conditions is entitled to access the Services provided by the Company and Membership has a corresponding meaning;

Non-excludable Obligations has the meaning given to it in clause 15.1;

Ongoing Services means those parts of the Platform which can be accessed by Members following the conclusion of the Term;

Platform means the platform provided by the Company which Members have access to in order to receive the Services;

Preferred Payment Method means the Member’s payment method which they have selected from the available options;

Price means the amount payable by the Member to access the Services at the relevant Membership Level as stated on the Website;

Privacy Policy means the Company’s privacy policy in accordance with the Privacy Act 1988 (Cth) and accessible here [URL];

RG162 has the meaning given to it in clause 8.1;

Services means the services from time-to-time which are offered by the Company as stated on the Website;

Tax Invoice has the meaning given to it in the GST Act;

Term means the length of your access to the Services as specified in your Account which may be extended in accordance with these Terms and Conditions;

Terms and Conditions means these terms and conditions applicable to your Membership;

User Content has the meaning given to it in clause 18.1;

User Posts has the meaning given to it in clause 8.2(a); and

Website means the website located at http://cashflowco.com.au/. 

1.2 Interpretation

In these Terms and Conditions the following rules of interpretation apply, unless the contrary intention appears or the context otherwise requires:

(a)  Headings and subheadings are for convenience only and do not affect the interpretation of these Terms and Conditions.

(b) References to clauses, Schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the Schedules, annexures, appendices, attachments and exhibits to, these Terms and Conditions.

(c) References to parties are references to the parties to these Terms and Conditions.

(d) References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.

(e) Words denoting the singular include the plural and words denoting the plural include the singular.

(f) Words denoting any gender include all genders.

(g) The word “person” includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government authority.

(h) A reference to a body (other than a party to these Terms and Conditions), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.

(i) A reference to any agreement or document (including these Terms and Conditions) includes any amendments, supplements and replacements of that document.

(j) A reference to a law includes:

(i) legislation, regulations and other legislative instruments;

(ii) any judgment made by a court;

(iii) a constitutional provision or treaty or decree; and

(iv) any principle or rule of the common law or in equity,

and is a reference to that law as amended, consolidated, replaced or re-enacted or applied to new or different facts.

(k) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.

(l) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.

(m) No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.

(n) If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.

(o) A reference to time is a reference to Melbourne, Australia time unless otherwise specified.

(p) A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

(q) If any act is required to be performed under these Terms and Conditions by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.

(r) With the exception of the payment of any money, any act required to be performed under these Terms and Conditions on or by a specified day and that day is not a Business Day, the act must be performed on or by the next Business Day.

(s) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.

(t) Specifying anything in these Terms and Conditions after the terms “include”, “including”, “includes”, “for example”, “such as” or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.

(u) Where a word or phrase or expression is defined, other parts of speech and grammatical forms of that definition have corresponding meanings.

2. THE WEBSITE AND THE SERVICES

2.1 The Website, Services (including Mentorship) and Membership may not be available in all countries and we may refuse to grant to you a Membership or access to the Website or Services if you are located in a country we do not serve.

2.2 The Website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by the Company, third parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.

2.3 The Website provides information of a general nature to members of the public, and may include advanced features for registered users such as commenting on material or engaging in online collaboration.

3. COMPLIANCE WITH TERMS AND CONDITIONS

3.1 By accessing and using the Website, you warrant and represent to the Company that you have read and understood these Terms and Conditions and you agree to comply with these Terms and Conditions. The Company may change these Terms and Conditions at its discretion and without notice. By continuing to use the Website, you accept, and agree to abide by, those amended Terms and Conditions. The Terms and Conditions are binding upon and will inure to the benefit the parties, their successors and permitted assigns.

3.2 Breach of these Terms and Conditions may result in your access to the advanced features of the website being cancelled at the sole discretion of the Company .

4. MEMBERSHIP

4.1 Benefits of Membership

(a) Being a Member entitles you to the Services for the duration of the Term. Being a Member does not entitle you to obtaining any form of financial advice or financial product advice and the Company does not provide financial advice or financial product advice.

(b) Upon the expiration of the Term, you will retain access to the Platform and you may elect to purchase further Services for one-off or ongoing payable fees.

(c) Following the expiration of the Term, we may remove your access to the Platform at any time without notice to you.

4.2 Services

(a) During the Term, the Company provides to its Members the Services through the Website and ancillary service options. This includes:

(i) access to the program offered by the Company through the Website;

(ii) access to coaching sessions; and

(iii) access to member forums and similar.

(b) Upon the conclusion of the Term, your access to the Services will be restricted to the Ongoing Services. You may, by elect to purchase further Services from time-to-time by engaging with the Company through the Website.

(c) You acknowledge and agree that the Company is unable to provide the Services or the Website to you if you do not have a stable internet connection which will enable you to access the Website and the Services.

(d) As part of the provision of the Services you may be provided with documentation, information and access to cloud-based software and tools. The Company does not warrant that any such documentation, information or cloud-based software or tools will work as intended, will be error free or will work on your computer.

4.3 How to become a Member

(a) In consideration of paying the Price to the Company, and subject to any regulatory obligations placed upon the Company, you will become a “Member” by opening an Account through the Website.

(b) To open an Account, you will need to provide:

(i) username;

(ii) password;

(iii) email address;

(iv) mobile telephone number; and

(v) Preferred Payment Method.

(c) We may ask you certain personality questions to assist us in providing the Services to you through the Website.

(d) We may, at any time, accept or reject any application to register an Account for any reason or no reason at all.

(e) Depending upon the Membership Level, you will be provided with the Services which correspond with that Membership Level following the acceptance of the registration of your Account and the payment of all monies due and owing by you.

4.4 Terms of Membership subject to change

(a) We may at any time, but with prior notice to you, modify the Service, systems associated with the Services, the terms of your Membership, the Price, these Terms and Conditions, any other policy document of the Company including its Privacy Policy

(b) Your continued use of the Service following any modification to the Service in accordance with clause 4.4(a) will be deemed an acceptance by you to be bound by the terms of any modification.

(c) In the event you do not agree to any such modification to the Terms and Conditions, you may terminate your Account and Membership in accordance with these Terms and Conditions.

4.5 Cooling off

You may terminate your Membership within 7 days of us accepting you as a Member. If you terminate on this basis, all amounts of the Price then paid to us will be refunded to you in full. (Note, this is different to the money back guarentee that’s in place for the Money Mentorship coaching program).

5. Prices and Payment

5.1 Pricing

(a) The Price is as set out on the Website and is subject to change from time-to-time.

(b) The Price includes GST and any other taxes which are payable in Australia.

5.2 Payment

(a) Prior to your Account being registered, and you being deemed a Member, you will be required to pay the amount of the Price as stated.

(b) The Price payable is for a Membership for a set period of time and may be made in upfront, monthly, quarterly or half yearly instalments at your election. The date for payment of any instalment payments will be on the same day of the relevant month as the first payment made by you under these Terms and Conditions, unless that day does not exist in a given month, whereupon, it will be on the next day.

(c) On any date that a payment of the Price is payable by you, you authorise us to charge your Preferred Payment Method for the amount due on that day. You acknowledge and agree that if the Term is renewed in accordance with these Terms and Conditions, that our authority to charge your Preferred Payment Method automatically continues in full force.

(d) If at any time there is any amount of the Price which is outstanding and overdue for being paid by you (regardless of the nature of the instalments you have entered into with us), we may cancel, suspend or terminate your access to the Services and the Membership without further notice to you.

5.3 Payment methods

(a) We will issue you with a Tax Invoice for the amount payable by you in respect of your Membership.

(b) We accept payment using your Preferred Payment Method through a third-party payment gateway provider “Stripe”. The use of Stripe is subject to any terms and conditions of that service provider.

(c) You may update your Preferred Payment Method at any time.

(d) There may be additional fees associated with your Preferred Payment Method, including credit card fees or currency exchange costs (where you pay in a currency other that Australian dollars), all such costs and fees will be borne by you.

(e) In the event you have asked us to remember the details of your Preferred Payment Method for your next purchase or subscription, these details are handled by Stripe.

6. YOUR USE OF THE SERVICES

You agree to not directly or indirectly use the Website or the Services to:

(a) upload, post or transmit any content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable;

(b) upload, post or transmit any content which infringes the intellectual property rights of any person;

(c) upload, post or transmit any content which may be financial advice, provides advice which is specific or otherwise would indicate the viability or non-viability of any transaction or transactions; and/or

(d) interfere with or disrupt the Service or the servers operating the Services or the Website.

7. TERMINATION

7.1 Termination by us

We may terminate your Membership:

(a) at any time, for any reason, with immediate effect by sending you notice to your nominated email address;

(b) if you fail to pay when due any amount of the Price;

(c) if you otherwise breach your obligations under these Terms and Conditions.

7.2 Termination by you

You may terminate your Membership at any time, for any reason. If you terminate your Membership, you will continue to be able to access the Website and the Services for the balance the then current Term, whereupon you will cease to be able to access the Website and the Services.

7.3 Effect of Termination

(a) Termination of your Membership will have the following effects:

(i) your rights to use the Services will cease upon the relevant date of termination; and

(ii) we are under no obligation to retain or store your data or information relating to our provision of the Services to you unless required by any other law.

(b) If your Membership is terminated by us for convenience under clause 7.1(a), we will refund to you within 14 days the amount which represents a pro-rated percentage of the Price paid for the then current Term.

8. DISCLOSURES UNDER REGULATORY GUIDE 162

8.1 To the extent the Website or the Services contains a forum or ability for you to comment on any content (Forum), the Website and the Services are operated in accordance with ASIC Regulatory Guide 162 (RG 162). Under RG 162 the Company is obliged to give people who view and/or post on the Forum certain warnings and disclosures.

8.2 In accordance with RG 162.41, the Company makes the following disclosures and warnings:

(a) the Company does not endorse or vouch for the accuracy or authenticity of any posts by any person other than the Company (User Posts);

(b) no-one is permitted to make User Posts as a licensed investment adviser, or as a representative of a licensed adviser;

(c) User Posts are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:

(i) consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and

(ii) visit ASIC’s consumer website at www.fido.gov.au or www.moneysmart.gov.au for general guidance about investing;

(d) people making User Posts are individually responsible for the accuracy and authenticity of their User Posts;

(e) because of the nature of the internet, it may be hard to identify or locate the person making a User Post. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;

(f) you will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the User Posts;

(g) securities cannot be offered to you for sale or issue through User Posts on the Website; and

(h) it is advisable that you alert the Company or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any User Posts are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the User Posts.

8.3 In accordance with RG 162.42, the Company provides you with the following warnings in respect of any User Posts you post on the Website:

(a) You are personally responsible for your User Posts (including any alterations that you make to postings). Therefore, you should not include any misleading or deceptive information in your User Posts and not carry out illegal or unauthorised activities using the Website. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you.

(b) If you include hyper-links to other websites, you may be seen as endorsing the material on such linked websites. It may be advisable to you to warn people accessing other linked websites that you do not endorse or take responsibility for material in the linked websites.

(c) If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your User Posts.

(d) If we find or reasonably suspect that you are making illegal or unauthorised User Posts, your right to make User Posts will be withdrawn.

(e) No one is permitted to make User Posts on the Website in their capacity as a representative of a holder of an Australian Financial Service Licence (AFSL) or as an Authorised Representative of a holder of an AFSL. By accepting these terms or by lodging a User Post, you confirm that you will not make User Posts in their capacity as a representative of a holder of an AFSL or as an Authorised Representative of a holder of an AFSL.

9. DISCLAIMER ABOUT THE SERVICES

9.1 The Company and its affiliated companies accept no responsibility for any claim, loss or damage as a result of information provided on the Website or through the Service or the accuracy of any information. The information provided is general in nature and is not financial product advice. Your personal objectives, financial situation or needs have not been taken into consideration in the preparation of any content contained on the Website or the Service. You should take reasonable care and seek financial and accounting advice before making any investment decisions.

9.2 You acknowledge that the provision of the Website and the Services by the Company are not:

(a) prepared or delivered in the capacity as an AFSL holder or a representative (authorised or otherwise) of an AFSL holder; or

(b) financial advice or financial product advice and at no time has or will the Company provide you with financial advice or financial product advice.

9.3 Your use of the Services and the Website is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.4 The Company does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.

9.5 Information on the Website has been compiled for general information purposes only and without taking into account your objectives, financial situation or needs and you should not act or fail to act on the basis of it. The Company does not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it and, to the extent that it is not required by law, it is not obliged to update the Website or correct any inaccuracies which may become known to us.

9.6 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Company, for any breach of a term or condition implied by law is limited at the Company’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

10. FINANCIAL PRODUCT ADVICE

10.1 Unless otherwise expressly stated, the information provided on the Website is factual information or intended to provide educational mentorship. It is not intended to imply any recommendation or opinion about a financial product and should therefore not be considered to be financial product advice.

10.2 The Company does not hold and is not authorised under an AFSL to provide financial product advice. Before acquiring any financial product you should obtain appropriate and specific advice to your situation and review any product disclosure statements or other disclosure documents relevant to the financial product.

10.3 Any information provided on the Website is of a general nature only and has been prepared without taking into account your personal objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information in relation to your objectives, financial situation or needs.

11. FOR INFORMATION OF AUSTRALIAN RESIDENTS ONLY

The Website is provided for the information and use of Australian residents only. The use of the Website or the Service in jurisdictions outside Australia may be restricted by law. Any person who uses the Website or the Service outside of Australia should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of applicable securities laws. The Website or the Service is not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Website or Service to be made available.

12. THIRD PARTY LINKS

12.1 The Website may include third party content which is subject to that party’s terms and conditions of use. Nothing on the Website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.

12.2 The Website includes links to third party websites which are not related to the Company and in relation to which the Company has no control or interest. Links to third party websites do not constitute any endorsement or approval of those websites or of the owners of those websites.

12.3 The Company is not responsible for the accuracy of information contained on other websites accessed by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.

13. ONGOING OBLIGATIONS

These Terms and Conditions, as modified by the Company from time to time, will apply to you for so long as you access the Website or use the Services. Any clause of these Terms and Conditions which by its nature or effect is intended to continue to apply to you after you stop accessing Website or using the Services, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website or using the Services.

14. NO RESALE OF SERVICES

You agree not to directly or indirectly (or procure or cause any other person to) use, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services or the Website. You further agree that you will not sell, trade, resell or exploit for any commercial purposes your use of the Services or access to the Services.

15. LIABILITY

15.1 You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms and Conditions operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Consumer and Competition Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of these Terms and Conditions to be void (Non-excludable Obligations).

15.2 Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded by these Terms and Conditions and the Company shall have no liability to you whatsoever.

16. PRIVACY POLICY

Your use of the Website is governed by our Privacy Policy, which is located and accessible at the Website.

17. COMPANY CONTENT

17.1 The Company grants to you a limited non-exclusive right to access and use the Website and all other content and material associated with the Website which are owned by the Company (and for the avoidance of doubt includes the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data, logos, brand names and other content incorporated into the Website) (Company Content) for the purposes of using and enjoying the functionality of the Website and the Services (Access Right). The Access Right ends after you stop using the Website or these Terms and Conditions otherwise cease or are terminated.

17.2 Material appearing on this website is subject to copyright vested in the Company or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

17.3 Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.

17.4 You must not copy or reproduce the Company Content or any other element of the Website by any means or in any form without the Company’s prior written consent, except to the extent strictly required for you to access and use the Website. You are solely responsible for your use of the Company Content and must ensure that the Website is protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that the Company modifies, enhances, update or upgrades any other part of the Website, these Terms and Conditions apply to that Website part.

17.5 Requests and inquiries concerning reproduction and rights should be addressed to Ryan Monaghan.

18. CONTRIBUTING CONTENT

18.1 If you submit content for the Website in any format, including text, photographs, graphics, video or audio (User Content), you grant the Company an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the Website. You acknowledge that content submitted by you may be accessible by the public through the Website.

18.2 You agree that the Company may use User Content in any way, now and in the future. The Company also reserves the right not to use or publish on the Website any User Content.

18.3 You warrant that you have all of the necessary rights, including copyright, in any User Content, that the User Content is not defamatory and that it does not infringe any law. You further warrant that the User Content you contribute complies with any relevant professional obligations.

18.4 You waive any moral rights in your User Content for the purposes of its submission to and publication on the Website.

18.5 The Company does not provide any protection as against third parties to the intellectual property in any User Content submitted. By submitting User Content, you warrant that you have all necessary permissions and licences for the use of the User Content and you agree to indemnify the Company against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these Terms and Conditions.

19. COLLABORATION SPACES AND USER SUBMITTED CONTENT

19.1 You acknowledge that the Website is created, managed, and administered by the Company and may provide opportunities for registered users to post comments and collaborate with other users. However, the Company is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.

19.2 You recognise that the Company cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website submitted by users.

19.3 Notwithstanding the above, the Company may monitor the content of the website from time to time and may remove any content it deems to be inappropriate or unacceptable to protect itself and users.

20. INTELLECTUAL PROPERTY

20.1 Unless otherwise indicated, the Company owns the Company Content. All rights (including but not limited to intellectual property rights) in the Services, Website and Company Content will remain the property of the Company in all respects, regardless of whether or not such modifications or alterations were authorised by the Company (pursuant to these Terms and Conditions, or otherwise). All trademarks appearing on the Website belong to their respective owners.

20.2 You acknowledge that the grant of the Access Right and these Terms and Conditions do not include any transfer of title or ownership to you of any rights in the Services, Website and the Company Content (including any associated intellectual property rights, which include but are not limited to rights of copyright).

21. COOKIES

You acknowledge that and agree that the Company may, from time to time, use cookies in connection with the Website, for purposes included but not limited to storing your Website preferences, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Website to you. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the Website and the Service.

22. GENERAL

22.1 Entire Agreement

These Terms and Conditions set out the entire agreement between you and us in relation to your use of the Website and the Service.

22.2 Waiver and Severability

(a) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

(b) If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.

22.3 Updates and Amendments

(a) The Company may from time-to-time and at its discretion amend these Terms and Conditions and publish updated Terms and Conditions on the Website. Your continued use of the Website and the Service will be subject to any updated Terms and Conditions.

(b) The Company may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.

22.4 Governing Law

These Terms and Conditions are to be governed by and construed in accordance with the laws of State of Victoria, Australia. If any terms of the Terms and Conditions conflicts with the provisions of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. The Website may be accessed from outside Australia. The Company makes no representation that the Services or Company Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.