Terms and conditions

These Terms contain provisions which limit Our exposure to legal liability. Some of these provisions make You responsible for some acts, limit Your rights in law and confer obligations on You.

This Website is made available to You for certain purposes only and these are explained below. To the maximum extent permissible by law, We disclaim all warranties, whether express or implied, including without limitation to the implied warranties that the Website is fit for any purpose other than those specified in these Terms.

It is important that You familiarise yourself with these provisions before You access any products or services We provide and that You not access any products or services unless You agree to abide by these provisions.

 

By using this Website, You represent and warrant to Us that You -

have the legal capacity to enter into a binding contract with BOQ Specialist;

reside in Australia and are not prohibited from using this Website under the laws of Australia or another the country in which You may be considered a resident; and/or

do not require the consent of a guardian or parent to competently agree to these Terms.

You must not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this Website without Our prior written consent, except that You may view or print individual pages for Your own personal use.

Nothing contained on this Website should be construed as granting any licence or right to use the BOQ Specialist name or any Trademark without Our prior written consent.

You must not construe anything on this Website as an offer from Us to sell any products or services to You, or as any advice or recommendation with respect to any products or services we may provide to You.

All products and services offered by BOQ Specialist are subject to completion (in the manner required) of the requisite application forms and other documentation and are governed by the relevant BOQ Specialist terms and conditions for that particular product or service. We reserve the right to reject in Our absolute discretion any application submitted for products or services contained on this Website.

Your attention is drawn to the fact that information transmitted via the Internet or via any form of Electronic Communication is susceptible to monitoring and interception. You will bear all risk of transmitting information in this manner. We are not liable for any Loss suffered by you, and You waive any claims You may have for any Losses You may suffer as a result of transmitting information to us in this manner. We reserve the right to request independent verification of any information transmitted via the Internet or via any form of Electronic Communication.

Please be aware that any unsolicited confidential or proprietary information sent to BOQ Specialist via the Internet or via any form of Electronic Communication cannot be guaranteed to remain confidential. If You need to send Us such information and are concerned about the security of this information, please contact Us and We will advise You of the most appropriate method of transmission.

We provide this Website to You in good faith from sources We believe to be reliable and accurate, but We do not make any warranty as to its accuracy or completeness. This Website is intended to provide general (and not exhaustive or comprehensive) information regarding BOQ Specialist, Our products and services, and other general information which may be of interest to you. You are urged to contact Us to confirm all information contained on this Website before placing any reliance on it. We do not accept any liability for any acts or omissions resulting from Your decisions or opinions formed on the basis of Your use of this Website.

 

The general information on this Website, including all research, opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Anything on this Website which relates to projections, plans or objectives or future economic performance are only predictions and actual events or results may differ materially. Similarly, past performance of any investment is not necessarily an indication of future performance, and the value of investments may go up as well as down. Before making any decision or taking any action which might affect Your personal finances or business, We strongly recommend that You take appropriate professional advice from a suitably qualified person.

 

Please note that We have not necessarily disclosed all risks relating to the use of this Website. Any discussion of the risks associated with this Website, particularly with respect to any BOQ Specialist products and services, should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned.

 

The Website is provided to You “as is” and “as available”. We do not guarantee that this Website will operate free of error or defect or that it is free from computer viruses or any other contaminating computer program. To the maximum extent permitted by law, BOQ Specialist, Our related bodies corporate, its directors, shareholders, agents, consultants and employees exclude all liability for Loss resulting from Your use of or inability to use this Website, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise. You agree to indemnify BOQ Specialist from any Loss due to or arising out of Your use of the Website or Your breach of these Terms.

 

If You have rights in relation to the supply of products or services that cannot lawfully be excluded, to the maximum extent permitted by law, Our liability in respect of any such right is limited to the lesser of (a) the supply of the product or service again or (b) the payment of the cost of having them supplied again. If You have rights in relation to any information used by You as a consequence of Your use of this Website that cannot lawfully be excluded, to the maximum extent permitted by law, Our liability in respect of any such right is limited to the lesser of (a) the price paid by You for that information or (b) A$1,000.

This Website may contain links to Third Party Websites. These links are provided solely for Your convenience (such as to enable you to obtain further information on other products in the market). We make no representations and provide no warranties regarding the accuracy or suitability of, and accept not responsibility or liability on, anything You obtain via these Third Party Websites. You are advised to make your own enquiries in relation to Third Parties described or linked to this Website. Inclusion of a link to a Third Party Website should not be construed as that Third Party's endorsement of this Website or vice versa.

 

By linking to Third Party Websites, We are not authorising the reproduction of any material on such sites, as such material may be the subject of IP rights of Third Parties.

Some of the software programs that may be downloaded through Third Party Websites from this Website are products belonging to Third Parties. The use of such Third Party software is at Your own risk. Such software is likely to be subject to licensing terms imposed by the owner of that software. To the maximum extent permitted by law, We exclude all liability in relation to using or downloading any software (Third Party or otherwise) that may be accessed from this Website. We make no representations and provide no warranties in relation to such software. In particular, to the maximum extent permitted by law, We exclude all liability for any Loss or damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses or other consequence of using or downloading any software (Third Party or otherwise) accessible through this Website.

We are committed to providing the highest quality of financial services within a trusted environment. Kindly read the BOQ Specialist Privacy Policy to understand how your personal information will be treated when you use this Website which can be found at www.boqspecialist.com.au/privacy.

A word about cookies

A "cookie" is a text file placed on a person’s computer by a webpage server that may later be retrieved by webpage servers. We use cookies on Our website to provide You with a better website experience. For full details of our use of cookies see our Privacy Policy at www.boqspecialist.com.au/privacy

Information about Your access to this Website
When You access this Website, We may record Your server address, domain name, the date, time and duration of Your visit and the pages You accessed. This is for statistical and security purposes only. This information will be treated in accordance with Our website privacy terms and Our Privacy Policy.

BOQ Specialist and any company or individual connected to BOQ Specialist (including any directors and employees) may have a position or interest in any investment, product or service We mention on this Website.

You agree to comply with all  laws, rules and regulations which govern Your Website use as well as to adhere to generally acceptable Internet and Electronic Communications etiquette. In this regard, without being limited to the examples listed below, You agree not to:

disclose to a Third Party any user name and password We have issued to You;

take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent Your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website;

submit any person’s personal information to the Website without that person’s informed consent to do so;

gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the Websites to collect or attempt to collect personal information about Third Parties without their knowledge or consent;

violate the privacy of any person or attempt to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means;

use the Website to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries pornography (including child pornography), religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights or any nature or of any description;

create a link from Your website to our Website if Your website contains anything (aimed at Us or a Third Party) which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries pornography (including child pornography), religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights or any nature or of any description;

create a link from Your website to this Website if Your website contains material that disparages Us or Our products or services;

copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Website’s source code or any part thereof, unless this is expressly permitted or required by law, or unless We have granted You written consent to do so;

use the Website in any manner which could damage, impair, overburden or disable the Website or interfere with any other User’s Website use;

use the Website to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

use the Website to make fraudulent offers to sell or buy products, items or websites or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

use the Website in a manner that may infringe upon the IP rights or other proprietary rights of others; and/or

otherwise use the Website to engage in any illegal or unlawful activity.

If we determine in our sole discretion that You have engaged in any one or more of the above practices, then We are entitled, without prejudice to any other rights We may have, to:

without notice, suspend or terminate Your Website use;

hold You liable for any costs We incur as a result of Your misconduct; and/or

notwithstanding our Privacy Policy referred to above, disclose any information relating to You, whether public or personal, to all persons affected by Your actions.

The Terms will continue to apply until either We or You terminate these Terms on the one or more of the following grounds.

You may terminate these Terms at any time by deleting Your profile and ceasing Your use of the Website entirely.

We may terminate these Terms or Your use of the Website (including removing Your link if you have created one to Your website) at any time if:

You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with, the provisions of the Terms);

We are required to do so by law (for example, where the provision of the Website to You is, or becomes, unlawful); or

We are of the opinion that the provision of the Website is or becomes no longer commercially viable.

Any provisions of these Terms which are intended to survive termination will survive accordingly.

If You are of the view that Your rights have been infringed through unlawful Website use by Users or Third Parties, You may address a complaint to BOQ Specialist which satisfies the following requirements and/or sets out the following information:

the full names and address of the complainant;

the written or electronic signature of the complainant;

identification of the right that has allegedly been infringed;

identification of the material or activity that is claimed to be the subject of unlawful activity;

the remedial action requested to be taken by the Us in respect of the complaint;

telephonic and electronic contact details, if any, of the complainant;

a statement that the complainant is acting in good faith;

regarding any requests to take down information, a statement by the complainant that the request to take down is based on knowledge of the complainant to be true and correct.

Please address your complaint to:

BOQ Specialist Compliance Officer

Email: complaints@boqspecialist.com

We will investigate the matter on receipt of a complete and properly formulated complaint that satisfies the said requirements and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or taking appropriate steps against the offending User.

In these Terms, headings are for convenience and We do not intend for them to be used to interpret the Terms.

Unless the context specify otherwise, references to persons or entities include natural persons, bodies corporate, partnerships, trusts and unincorporated associations of persons, and the singular includes the plural and vice versa.

These Terms are governed and interpreted in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia for determining any dispute concerning these Terms.

“BOQ Specialist’s Associates” means the officers, servants, agents or contractors or other persons of BOQ Specialist and BOQ in respect of whose actions BOQ Specialist may be held to be vicariously liable;

“Electronic Communication” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf; unless We require otherwise, electronic signatures, encryption and/or authentication are not required for Our Electronic Communications to be valid; “IP” is the abbreviation for intellectual property” and means, collectively, the patents, copyrights (and moral rights), Trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same); any reference to Our IP means IP which We own, license, use and/or hold (whether or not currently) in relation to the Website;

“Know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these Terms, as well as all and any modifications or improvements to any of them;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees as between solicitor and own client, tracing and collection charges, costs of investigation, interest and penalties);

“Post” means to upload, publish, transmit, share or store;

“Terms” means these Website Terms and Conditions, as amended from time to time;

“Third Party” means parties other than You and BOQ Specialist (“Third Parties” shall have a corresponding meaning);

“Third Party Websites” means websites other than the Website and which are operated or controlled by Third Parties;

“Trademarks” means those trademarks BOQ Specialist owns (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same;

“use” means visit, access or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website, and it also means copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such any content of the Website.

“User” and “You” means anyone who registers with and/or uses the Website (“Users” and “Your” have corresponding meanings);

“Website” means the website located at or accessed through https://www.boqspecialist.com.au/ as well as other BOQ Specialist domains as may be available from time to time, and a reference to Website includes all content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to through the use of the Website.