Website Terms

Last updated: October 2023

Welcome to www.elevatepf.com. This site is provided as a service to our visitors and may be used for informational purposes only. Because the terms and conditions contain legal obligations, please read them carefully.

1. Your agreement

By using this site you agree to be bound by, and to comply with, these terms and conditions. If you do not agree to these terms and conditions, please do not use this site.

You may access this site and use the content, information and materials, including statements, opinions, images, graphics and documents (collectively, the “Content”) on this site for the following purposes:

(a) to access information about us and our services (the “Services”);

(b) to consider, assess and appraise our business and the Services that we offer;

(d) to subscribe to any newsletters and publications that we may offer via this site from time to time; and

(e) to download, store, display on your computer, view and print Content from this site, for non-commercial uses only.

You must not modify, alter in any way, redistribute, communicate to the public, use for any commercial purpose or otherwise deal with any Content on this site.

You may link to this site, but we reserve the right to require you to stop linking to this site if we determine that such stopping is appropriate.

You must not do (or attempt to do) anything or use this site in a manner which will (or may) compromise the integrity, security, normal or intended operation of this site, including the presentation or availability of the Content on this site, including:

(a) accessing any areas of this site not intended to be publicly available;

(b) testing the vulnerability of this site;

(d) bypassing any security features or circumventing any technological measure of this site; and

(e) reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of this site.

Please note: we reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions, the content available on this site or any part of its functionality at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of them and the manner in which we undertook those changes. For your information, these terms were last updated on the date at the top of these terms and conditions.

2. Privacy

Please review our privacy policy, which also governs your visit to this site, to understand our practices. It can be found here.

3. Linked sites

This site may contain links to other web sites (“Linked Sites”). Links to Linked Sites are provided solely as a convenience to our visitors. Linked Sites may not be under our control, and we are not responsible for and do not endorse the content of any Linked Sites, including any information or materials contained on Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.

4. Content

The Content is provided for general informational purposes and does not constitute legal advice, financial advice or opinion or any offer to contract which is capable of acceptance. You should not rely on the Content on this site as financial, legal or business advice or for any purposes. All Content reproduced on this site only refers to facts and circumstances which existed on the original date of publication or filing. The fact that Content remains available on this site does not mean that the information contained in such Content has not been modified or superseded by events or by a subsequent document, event or circumstance. We have no duty or policy to update any Content on this site and, therefore, such Content should not be relied upon as being current when you access this site.

5. Disclaimer of warranties and limitation of liability

A. This site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You expressly understand and agree that: (i) your use of the site, including any reliance on any such opinion, advice, statement, memorandum, or information contained on this site, shall be at your sole risk; (ii) the site is provided on an “As is” and “As available” basis; (iii) except where we expressly give a warranty in these terms and conditions, we disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement; (iv) we make no warranty with respect to the results that may be obtained from this site, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk; and (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any Content.

B. You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our sites or Content or functions on any such site, even if we have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

6. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.

7. Our proprietary rights

This site and all Content are intended solely for personal, non-commercial use. Except as expressly provided, nothing within the site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all Content available through and used to operate the site and its services is protected by copyright, trademark, patent, or other proprietary rights.

You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the trademarks or other content accessible through the site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our trademarks, or any aspect of the site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the site or any software or programs used in connection with it or its products and services.

The framing, mirroring, scraping or data mining of the site or any Content in any form and by any method is expressly prohibited.

8. Indemnity

By using the site you agree to indemnify us and affiliated entities (collectively “Indemnified Parties”) and hold each Indemnified Party harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the site, your use of the Content and our products and services, or your submission of ideas and/or related materials to us or from any person’s use of any identification, membership or password you maintain with any portion of the site, regardless of whether such use is authorized by you.

9. Copyright and trademark notice

Except our generated dummy copy, which is free to use for private and commercial use, all other text is copyrighted.

10. Intellectual property infringement claims

It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act 1968 (Cth) and other applicable intellectual property laws. Notices of claimed infringement should be directed to:

PO Box 6068 South Yarra Vic 3141

Email: legal@elevatepf.com

11. Place of performance

This site is controlled, operated and administered by us from our head office in Melbourne, Australia. We make no representation that the Content is appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of Australia, you are responsible for compliance with all local laws.

12. General

A. A construction of these terms and conditions that results in all provisions being enforceable and effective is to be preferred to a construction that does not. If, despite the foregoing, any provision of these terms and conditions is void or voidable by any party, unenforceable or illegal:

(a) it will be read down so as to be valid and enforceable; or

(b) if it cannot be so read down, the provision (or where possible, the offending words) will be severed from these terms and conditions,

without affecting the validity, legality or enforceability of the remaining provisions (or parts of those provisions) of these terms and conditions which will continue in full force and effect. Any waiver, forbearance, indulgence, concession or delay in enforcing our rights under these terms and conditions will not affect our rights and powers in any way and no waiver of any right will be effective unless executed in writing by us on terms which expressly grant the waiver. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter contained in these terms and conditions. These terms and conditions supersede any prior representation, understanding or arrangement given or made by the parties whether orally or in writing.

B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and conditions or your use of the site. Our performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in these terms and conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by us with respect to such use.