Terms and Conditions

Website Terms and Conditions

1. About these Terms

  1. These terms and conditions (Terms) apply to your access to and use of this website (Website), including any content, functionality, products or services made available through the Website.
  2. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
  3. We may update these Terms from time to time. Updated Terms take effect when published on the Website. Your continued use of the Website constitutes acceptance of the updated Terms.

2. Definitions and interpretation

In these Terms:

  • ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Content means any text, graphics, images, videos, audio, software, data and other material on the Website.
  • We, us or our means Barchester Financial Services.
  • You or your means the person accessing or using the Website.

3. Eligibility and permitted use

  1. You must only use the Website for lawful purposes and in accordance with these Terms.
  2. You must not:
    • use the Website in any way that breaches any applicable law or regulation;
    • interfere with, disrupt, or attempt to gain unauthorised access to the Website, its servers, or connected systems;
    • introduce viruses, malware, or other harmful code;
    • use automated means (including scraping, crawling, or data mining tools) to access or extract data from the Website without our prior written consent;
    • impersonate any person or misrepresent your identity or affiliation.

4. Website information not advice

  1. Content on the Website is provided for general information only.
  2. To the maximum extent permitted by law, Content is not, and must not be relied on as, financial, legal, tax or other professional advice.
  3. You should obtain independent advice tailored to your circumstances before acting on any information obtained from the Website.

5. Accounts (if applicable)

  1. If the Website allows you to create an account:
    • you must provide accurate, current and complete information;
    • you are responsible for maintaining the confidentiality of your login details;
    • you are responsible for all activity occurring under your account.
  2. We may suspend or terminate your account if we reasonably believe you have breached these Terms or if required for security or compliance purposes.

6. Orders, services and payments (if applicable)

  1. If products or services are offered through the Website, any order you place is an offer to purchase.
  2. We may accept or reject an order in our discretion, including where:
    • the product or service is unavailable;
    • there is an error in pricing or product/service description; or
    • we suspect fraud or unauthorised activity.
  3. Prices are stated in Australian dollars unless otherwise indicated and may be subject to change.
  4. Any additional terms presented at checkout or in service schedules (if any) apply and are incorporated into these Terms to the extent not inconsistent.

7. Intellectual property

  1. We (and/or our licensors) own all rights, title and interest in the Website and Content, including intellectual property rights.
  2. You may view and print Content for your personal, non-commercial use only.
  3. You must not reproduce, distribute, transmit, display, publish, modify, create derivative works from, or commercially exploit any Content without our prior written consent, except as permitted by law.

8. User content (if applicable)

  1. If you submit content to the Website (User Content), you:
    • warrant that you have all necessary rights to submit the User Content; and
    • grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish and display the User Content for the purpose of operating, improving and promoting the Website and our services.
  2. You must not submit User Content that is unlawful, defamatory, misleading, offensive, infringes intellectual property rights, or breaches any person’s privacy.
  3. We may remove or disable access to any User Content at any time in our discretion.

9. Third-party links and services

  1. The Website may include links to third-party websites or services. We do not control those websites or services and are not responsible for their content, availability, security or practices.
  2. Links are provided for convenience only and do not constitute endorsement.
  3. Your use of third-party websites or services is at your own risk and subject to their terms and policies.

10. Availability, changes and suspension

  1. We may:
    • modify or discontinue any part of the Website at any time;
    • restrict access to some parts of the Website; or
    • suspend or terminate access to the Website, without notice where reasonably necessary (including for security, maintenance, compliance, or to prevent harm).
  2. To the maximum extent permitted by law, we do not guarantee that the Website will be available, uninterrupted, secure or error-free.

11. Disclaimers

  1. To the maximum extent permitted by law, the Website and Content are provided “as is” and “as available”.
  2. We make no representations or warranties (express or implied) regarding the Website or Content, including that:
    • the Website will be continuous, timely, secure or error-free;
    • any defects will be corrected; or
    • the Website or servers are free of viruses or other harmful components.
  3. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other applicable law that cannot be excluded, restricted or modified.

12. Limitation of liability

  1. To the maximum extent permitted by law, we are not liable for any loss or damage (including indirect, consequential, special or economic loss, loss of profit, revenue, data, goodwill, or business interruption) arising out of or in connection with your use of (or inability to use) the Website or Content, even if we have been advised of the possibility of such loss.
  2. Where liability cannot be excluded, to the maximum extent permitted by law, our liability is limited (at our option) to:
    • resupplying the relevant services; or
    • paying the cost of having the services supplied again.
  3. You are responsible for ensuring your systems are adequate and secure, including taking appropriate measures to protect against malware and data loss.

13. Indemnity

You indemnify us and our officers, employees, contractors and agents against any claims, liabilities, losses, damages, costs and expenses (including legal fees on a solicitor-client basis) arising out of or in connection with:

  • your breach of these Terms;
  • your misuse of the Website; or
  • your infringement of any rights of another person.

14. Privacy

  1. We handle personal information in accordance with applicable privacy laws.
  2. Our collection, use and disclosure of personal information is governed by our privacy policy (if published on the Website), as updated from time to time.

15. Security and communications

  1. You must not attempt to circumvent any security measures on the Website.
  2. Electronic communications may not be secure. To the maximum extent permitted by law, we are not responsible for any loss arising from the interception, corruption, or unauthorised access to communications sent to or from the Website.

16. Cookies

The Website may use cookies and similar technologies to improve functionality and user experience. Where required by law, we will obtain your consent. You can manage cookies through your browser settings.

17. Governing law and jurisdiction

  1. These Terms are governed by the laws of Queensland, Australia.
  2. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.

18. Severability

If any provision of these Terms is invalid or unenforceable, it will be read down or severed to the extent necessary, and the remaining provisions will continue in full force.

19. No waiver

A failure or delay by us to exercise any right under these Terms does not operate as a waiver of that right.

20. Contact

If you have questions about these Terms or the Website, contact us at:

Barchester Financial Services Pty Ltd
Address:           5 Latrobe Terrace Paddington  QLD, 4064 Australia
Email:                complaints@barchesterfs.com.au
Phone:              07 3510 3510