Terms and Conditions
Please read the Terms and Conditions of Use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
These terms and conditions (“Terms and Conditions”) govern your use of these domains:
www.financialbasics.org.au and www.essimoney.com.au and www.essimoneychallenge.com.au (“Website”).
In these Terms and Conditions, Financial Basics Foundation and its related companies , including ESSI Money Pty Ltd ACN 129 432 864 are referred to as the “FBF”, “us,” or “we.”
Welcome to Financial Basics Foundation Membership.
The Website is owned and operated by the Financial Basics Foundation, ABN 90 114 612 271 and may contain material from FBF.
Your access to, use of, linking to the Website and the Services, use of software or downloading software on the Website including the Teacher Resources and Curriculum Mapping PDF files on the Website (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Website ("General Conditions"). Your Access to the Website constitutes your agreement to be bound by the General Conditions. FBF reserves the right to amend the General Conditions at any time.
For as long as FBF continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, FBF allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these General Conditions. FBF may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify access for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
Nothing in these General Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
In these General Conditions the following words have the following meanings:
“You” are the user of the website;
“Website” is the website that you are currently using, and includes www.financialbasics.org.au and www.essimoney.com.au, www.essimoneychallenge.com.au, but does not include non-FBF websites to which those websites link;
“Content” is the content of these websites that is visible through use of a web browser.
“Member” you are a member of the website if you complete the registration form in order to access our “Services”, and in so doing agree to the Terms and Conditions of the website.
“Sponsor and/or Partner” is a third party with which FBF has entered into an arrangement involving the negotiated provision of funds, goods or services in exchange for advertising, publicity or other benefits.
“Services” includes the content, access to programs and resources, links, blog, newsletter, and discussion forum provided through the website www.financialbasics.org.au
“Teacher Resources” are resources provided on the Website by FBF as part of the content of these websites for the use of Teachers in an educational forum.
“School Syndicate” are the users of this site that are registered, as a group, by their teacher/educator, to play ESSI Money as part of a structured lesson plan.
Your Use of this Website
You must not to use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
You may view the Website using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not use the Website or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of FBF or which is prohibited by these General Conditions.
You must not use the Content for commercial purposes without first obtaining the express written authority of FBF. Use of the Content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making or educational purposes.
Harassment in any form on the site, including via email, chat, feedback, reviews or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
FBF advises that you seek professional advice before relying on any information on this Website. Under no circumstances will FBF be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You represent and warrant to FBF that you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
If you link to the Website, FBF may revoke your right to so link at any time, at FBF’s sole discretion. FBF reserves the right to require prior written consent before linking to the Website.
You will indemnify and hold FBF, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You will need to register to become Member if you wish to access the Services via this Website.
To register to become a Member you must provide the FBF with information about you via the Company’s registration form http://www.financialbasics.org.au
You must provide true, accurate, current and complete information about yourself when completing the registration form.
You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not, FBF has the right to cancel your membership and refuse any and all current or future use of this Website.
You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to firstname.lastname@example.org as soon as you are aware of such use and FBF will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
FBF may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
FBF reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
Once FBF has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time by contacting us at email@example.com – or clicking on the “unsubscribe” button on the website.
Dealings with Third Parties
FBF is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. FBF does not control or endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Parties.
You agree that (to the maximum extent permitted by applicable law) FBF (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
The entire content included on this Website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Website ("Content") are the property of FBF and are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with the express prior written consent of FBF.
FBF consents to the use of such tools for Content made available on the Website for personal and educational purposes and not commercial purposes.
You must not use any spider, screen scraper, robot, or other automated similar software or device ("Prohibited Device") to use or access the Website in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without FBF’s prior written approval. Search engines may access and index content on the Website provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to FBF.
FBF will vigorously pursue any breach of its copyright.
You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
Without prejudice to any remedy that FBF may have against you, FBF may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if it:
reasonably believes that you have breached any of these Terms and Conditions;
is unable to verify the accuracy or validity of any information provided by you;
or suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
You may cancel your membership at any time by emailing firstname.lastname@example.org Cancellation will take effect within 7 business days of receipt of your email.
Warranty Disclaimer and Limitation of Liability
FBF has no special relationship with or fiduciary duty to you. You acknowledge that FBF has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release FBF from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The services, content, website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Amendment to these Terms and Conditions
FBF reserves the right to amend and alter these Terms and Conditions and any content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
Whilst FBF will try to provide you with uninterrupted access to this Website and its Services, FBF may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where FBF has a legal, technical or other good reason to do so (including technical difficulties experienced by FBF or any Internet infrastructure). However, FBF will try, wherever possible, to give reasonable notice of FBF’s intention to do so.
FBF reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by FBF to be contrary to these Terms and Conditions. FBF has no obligation to store, maintain or provide you a copy of any content that you provide when using the Services.
If FBF fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
These Terms and Conditions set out FBF’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).
Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
You must report any violations of these Terms and Conditions to email@example.com
The trademarks listed below unless indicated otherwise, are trade marks of FBF. Where a mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Website should be construed as being any licence or right of use of any trade mark displayed on the Website.
You must indemnify and hold harmless FBF and FBF Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Website; or
(c) your access to the Website or any Content; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.
Not Investment Advice
The Content on the Website provides general information only. It is not intended as investment or financial planning advice and must not be relied upon as such. You should obtain professional financial and investment advice tailored to your specific circumstances prior to making any financial and investment decisions.
Some Content on the Website provides general information about certain financial products. The Website does not provide, and must not be construed as providing, recommendations in relation to any financial products.
Third Party Links and Advertising
The Website contains links to third party sites (“Linked Sites”). Linked Sites are not under the control of FBF, and FBF is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). FBF provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by FBF or FBF Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
The Website may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties ("Third Party Material"). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). Neither FBF nor FBF Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by FBF or FBF Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Neither FBF nor FBF Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Website, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.
External parties may link to the home page of the Website provided that the link is a text link only which directs to the home page of [www.financialbasics.org.au] and the link to the Website is identified clearly as such on your site.
Any link to the FBF website must comply with these General Conditions and the link must not, in FBF's opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Website, nor place the link in any context which may breach any laws, including but not limited to the Competition and Consumer Act 2010 (Cth). FBF is not liable and you agree to indemnify FBF to the extent that any such conduct is found to have occurred.
The link must be made in good faith, and must not in FBF’s reasonable opinion, cause the FBF brand or any FBF trade mark to be viewed in a negative or potentially negative light and the link must not defame the Website.
Under no circumstances should you copy the PDF files from the Website and place them directly on your web site.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and FBF.
These General Conditions are governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in Queensland, Australia.
FBF recognises that your privacy is important to you. FBF is committed to protecting your personal information.
Data collected through the registration process for this Website is used for the purpose of:
(a) sending confirmation notice to the user of the registration
(b) upon the user’s request, to send the user password information when the user has lost or forgotten the password
(c) in response to any questions, concerns or problems that the user contacted FBF about
(d) to contact the user about any problem with the user’s conduct on our site
(e) to send out a newsletter*
(f) to publish the names of winners or outstanding student achievement on our website or in the newsletter
(g) to send prizes or certificates for participation and performance
(h) informing registered users of updates to the Website
(i) tracking the level and range of interest in FBF initiatives
(j) determining usage patterns in order to improve the service or develop new services
(k) managing user groups
(l) sending emails to our members about the Financial Basics Foundation and our sponsors/partners, news, updates and special events
*FBF designs and runs numerous special events that keep the site and our resources constantly fresh, challenging, fun and interesting for our users. We use the newsletter to notify our users of all the current events, changes, improvements, upgrades, new products and services offered by FBF and from time to time by our sponsors/partners.
FBF uses its best endeavours to comply with the National Privacy Principles in the Privacy Amendment (Private Sector) Act 2000. We have chosen not to provide students with any means to communicate directly between each other. There are no chat rooms connected with the learning resources.
Collection of Personal Information
The main way we would collect personal information from you is if you used our site to register for resources or to subscribe to another FBF service. This personal information may include your full name, student names, phone and fax numbers, e-mail address and street and postal address.
When or before we collect personal information on our web site, we will take reasonable steps to inform you of:
(a) the purposes for which the information is collected;
(b) where applicable, any law that requires the particular information to be collected; and
(c) the main consequences for you if all or part of the information is not provided.
Personal Information Quality
When you provide personal information to us via the Internet, we rely on the accuracy of that information. To assist with ensuring accuracy, please contact us if any of the details you have provided change. We will correct the information if we are satisfied it is incorrect.
Use and Disclosure of Personal Information
We will only use your personal information (including your e-mail address) for the purpose for which you have provided it, eg to register for access to our services, unless you consent otherwise. We may also from time to time email you about an event or new feature that we think might be of interest. If you do not wish to receive such emails, all you have to do is hit the unsubscribe button and type "remove" in the subject field of the email.
Contracts we enter into with other parties for the provision of services may require us to disclose sections of your personal information to them. In those cases, our contracts require other parties providing services to us to observe the terms of this Privacy Statement.
We do not collect sensitive information such as your racial or ethnic origin, political opinions or religious beliefs.
If you would like further information regarding this policy, please contact us or call: 03 9610 4919.
Collection of Click Stream and other information
When you look at this web site our server logs the following information, which is provided by your browser. This information is logged for statistical purposes only:
(a) your server's IP address (a number which is unique to the machine through which you are connected to the Internet) or your personal IP address;
(b) the type of browser and operating system you are using; and
(c) the address of the referring site (eg, the previous site that you visited).
In addition, our server logs the following information:
(a) the date and time of your visit; and
(b) the address of the pages accessed and the documents downloaded.
We will not try to identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs or if your usage is causing technical issues for our site which may need to be resolved. We may in these circumstances identify your IP address to enable us to contact you.
A 'cookie' is a packet of information that allows FBF to grant users access to certain parts of the Website and also to manage traffic, advertising and other activities. Cookies are generally used on the Website in the following ways:
(a) To authenticate your access to certain areas of the Website, such as the ESSI Money section;
(b) To monitor traffic levels and flows through the Website;
(c) To manage advertising on the Website; and
(d) From time to time FBF may conduct surveys on the Website, and cookies may be used to manage this process.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences).
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration process. These Terms and Conditions, or any part of them, may be terminated by FBF without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer and Limitation of Liability shall survive any termination.
Phone: 03 9610 4919
Mail: Financial Basics Foundation
Level 7, 525 Flinders Street Melbourne 3000