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Website conditions of use

Welcome to the website of State Trustees Limited (ACN 064 593 148) (ABN 68 064 593 148) (“we”, “us” or “State Trustees”).

State Trustees is an unlisted public company that is wholly owned by the State of Victoria. State Trustees is an Australian financial services licensee.

The legal and financial services shown on State Trustees’ site are offered by State Trustees or its wholly owned subsidiary, STL Financial Services Limited (ACN 070 863 900). Any reference to State Trustees includes, unless inconsistent with the context, reference to STL Financial Services Limited.

This site is for general information purposes only and is not legal or financial advice. You should always consult a professional adviser before taking action based on information presented on this site. To the extent permitted by law, State Trustees disclaims any liability for action or inaction based on the information provided on this site or any other site accessed through links on this site. This website is located on the web via the domain http://www.statetrustees.com.au and includes all files located on that domain (“this site”).

1 Agreement to these Website Conditions of Use

By accessing this site, you agree to be bound by these conditions of use (“Website Conditions of Use”). These Website Conditions of Use constitute a binding agreement between you and State Trustees and govern your use of this site.

1.1 Privacy Policy

As part of these Website Conditions of Use, your use of this site is also subject to our Privacy Policy which is incorporated by reference into these Website Conditions of Use.

1.2 Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to State Trustees that you are over the age of 18 years. Should State Trustees suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2 ACCESSIBILITY

State Trustees’ website aims to meet the requirements of the Disability Discrimination Act 1992 (Cth) to ensure that on-line information and services are accessible by people with disabilities.

In accordance with the Web Content Accessibility Guidelines set by the W3C State Trustees is of the opinion that it has reached the AA rating based on implementation of Priority Level 1 and 2 in the development of this web site.

We welcome any comments or suggestions regarding the accessibility features of this web site. If there is data that you require and it is in a format that you cannot access, or if you wish to contribute to this website’s improvement, please Contact Us via this website, or contact the State Trustees Webmaster in writing:

Web Master
State Trustees Limited
GPO Box 1461
MELBOURNE VIC 3000
AUSTRALIA

3 Restrictions on use

3.1 Prohibited conduct
You agree not to:

  • use any device, routine or software that interferes, or attempts to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of State Trustees’ intellectual property rights on this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to State Trustees without State Trustees’ prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:
    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
    • in breach of any person’s privacy or publicity rights;
    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
    • containing any political campaigning material, advertisements or solicitations; or
    • likely to bring State Trustees or any of its staff into disrepute.

3.2 Violations of these Website Conditions of Use

Without limiting any other remedies available to State Trustees at law or in equity, State Trustees reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

  • you breach any provision of these Website Conditions of Use;
  • State Trustees is unable to verify or authenticate any information that you provide to us; or
  • State Trustees believes that your actions may cause damage and/or legal liability to State Trustees, any of its customers or suppliers or any other person

3.3 Indemnity

You indemnify and hold harmless State Trustees and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Conditions of Use or violation of any law or the rights of any person.

Orders

4.1 Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the products that you have selected pursuant to these Website Conditions of Use. Information contained on this site constitutes an invitation to treat only. No information on this site constitutes an offer by us to supply any products to you – however, State Trustees will endeavour to supply your selected products to you.

We will not commence processing any order made through this site unless and until:

  • payment for the order has been received by us in full; and
  • the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

  • at any time prior to your order being accepted in accordance with these Website Conditions of Use, cancel all or part of your order; and
  • at any time:
    • refuse to provide products to you;
    • terminate your access to this site; and/or
    • remove or edit any content on this site.

4.2 Acceptance of orders

Acceptance of each order will take place if and when State Trustees:

  • in the case of physical items, sends the requested items to you, at the time at which the items are dispatched by State Trustees; or
  • in the case of digital items, either:
    • sends the requested items to you, at the time at which the items are sent by State Trustees; or
    • notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by State Trustees,

and title to, and risk in, the items will pass from State Trustees to you at that time.

Prices

State Trustees reserves the right to change the prices for products displayed on this site at any time before you place an order.

5.1 GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6 Payment methods

Payment for orders placed through this site may be made by credit card processed online using a secure third-party payment gateway.

6.1 Third party payment gateways

State Trustees may use one or more third party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third-party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address, phone number and State).

6.2 Credit and debit card payments

All major credit cards and debit cards are accepted. Please note that in some cases we may be unable to accept credit cards issued by banks outside of Australia. State Trustees does not charge additional transaction fees for paying by credit card.

6.3 Refunds and other remedies

Except as expressly provided otherwise in these Website Conditions of Use, all amounts paid through this site are non-refundable. Further information on the steps that State Trustees will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Conditions of Use below.

6.4 Security

While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than State Trustees.

State Trustees may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as State Trustees considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

7 Intellectual property

7.1 Copyright

In these Website Conditions of Use, the term “Proprietary Content” means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained on this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by State Trustees in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of State Trustees or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Conditions of Use or with the prior written consent of State Trustees or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

7.2 Trademarks

State Trustees’ logo and the phrases “State Trustees”, “Wills on Wheels”, “Web Wills Wow”, ”State Trustees trusted partner”, “Let’s talk”, “Connected”, “State Trustees your interests at heart”, “I Will week love it? Will it”, “Cherished things”, “Live on” and “Wholehearted Protection” are trademarks of State Trustees. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of State Trustees. These trademarks (and any other trademarks of State Trustees), service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of State Trustees.

7.3 Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material.

If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

8 Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STATE TRUSTEES AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, State Trustees and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • past performance of investment funds is an indication of future returns;
  • neither the performance of any of the funds, nor the rate of return to investors;
  • the use of this site will be secure, timely, continuous, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to on this site, is reliable, accurate, complete or up-to-date;
  • the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

9 Limitation of liability

9.1 Exclusion of liability

To the maximum extent permitted by law, State Trustees and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Conditions of Use or the use of this site by you or any other person.

9.2 Remedies limited

To the maximum extent permitted by law, State Trustees and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any relevant legislation to the following remedies (the choice of which is to be at State Trustees’ sole discretion):

  • rectification of the goods provided; or
  • the supply of the services again.

9.3 Release

You agree that your use of this site is at your own discretion and risk. You agree to release State Trustees and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Conditions of Use or the use of this site by you or any other person. State Trustees may plead this release as a bar and complete defence to any claims or proceedings.

9.4 Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Conditions of Use, State Trustees excludes liability for any delay in performing any of its obligations under these Website Conditions of Use where such delay is caused by circumstances beyond the reasonable control of State Trustees, and State Trustees shall be entitled to a reasonable extension of time for the performance of such obligations.

10 General

10.1 Interpretation
In these Website Conditions of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Conditions of Use;
  • these Website Conditions of Use may not be construed adversely against State Trustees solely because State Trustees prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

10.2 Notifications

State Trustees may provide any notification for the purposes of these Website Conditions of Use by email.

10.3 Costs

Except as specifically provided in these Website Conditions of Use, each party must bear its own legal, accounting and other costs associated with these Website Conditions of Use.

10.4 Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Conditions of Use without State Trustees’ prior written consent.

State Trustees may assign, transfer or sub-contract any of its rights or obligations under these Website Conditions of Use at any time without notice to you.

10.5 No waiver

Waiver of any power or right under these Website Conditions of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by State Trustees to act with respect to a breach by you or others does not waive State Trustees’ right to act with respect to that breach or any subsequent or similar breaches.

10.6 Severability

The provisions of these Website Conditions of Use are severable and, if any provision of these Website Conditions of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

10.7 Variation

State Trustees reserves the right to amend these Website Conditions of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued use of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.

You may only vary or amend these Website Conditions of Use by written agreement with State Trustees.

10.8 Governing law and jurisdiction

These Website Conditions of Use will be governed in all respects by the laws of Victoria. The information is prepared for residents of Australia and the legal information presented may not apply in your location. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them.

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