Terms and Conditions for Ruby Connection users

1. General terms and conditions for all users

1.1 The [www.rubyconnection.com.au] website (“this website”) is owned by Westpac Banking Corporation (“Westpac”). It is operated by Westpac and other companies in the Westpac Group. Any reference in these terms and conditions to Westpac is deemed to include any and all companies in the Westpac Group.

1.2 Your access to this website is subject to these terms and conditions, the Ruby Connection Privacy Policy (which incorporates the Westpac Banking Corporation Privacy Policy), notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as “Terms of Use”). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

1.3 Westpac may, at its sole discretion, vary or modify these Terms of Use from time to time. Any subsequent access to, or use by you, of the website will constitute an acceptance of these Terms of Use as they appear at that time.

1.4 You agree that where Westpac is required by law or otherwise to provide you with a document, you consent to the provision of that document electronically. We suggest that you print a copy of the document, or file it electronically, for future reference.

2. Your account

2.1 You must be a registered user of the website before you may provide content to Westpac for inclusion on the site (Content). To register as a user of the website, please view the registration page. Westpac reserves the right to refuse to register a user of the website for any reason.

2.2 Westpac respects your privacy. Westpac’s Privacy Policy applies to any personal information collected by Westpac from registered users of the website.

2.3 All accounts must be registered with a valid personal email address. Accounts registered with someone else’s email address, or with temporary email addresses, may be closed without notice. Westpac may require users to re-validate their account if we believe they have been using an invalid email address.

2.4 If you fail to abide by these Terms of Use, we may immediately without notice to you suspend or terminate your account, your Content on the website and your registration. If we suspend or terminate your account, Content or registration, you must not set up any further accounts, re-register or supply any further Content to the website.

3. Supply of content

3.1 Westpac retains the discretion whether to publish, edit, delete, block, reject, take down or remove any part or all of your Content, or any other content, on the website.

3.2 You agree that you will not supply content to Westpac which is or is likely to be:

(a) abusive, obscene, offensive, pornographic or indecent;
(b) defamatory of any person;
(c) in breach of the intellectual property rights or moral rights of any person;
(d) in breach of any obligations of privacy or confidence;
(e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
(f) in breach of any laws;
(g) affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or
(h) false, misleading or deceptive.

3.3 You retain all intellectual property rights in your Content. You grant Westpac an irrevocable, royalty free, perpetual, worldwide licence to use, modify, transmit, communicate to the public, reproduce and sublicence your Content in any form, including on the website and in any print or electronic publication.

3.4 You give consent for Westpac to do or omit to do any and all acts in relation to your Content that would otherwise infringe any past, existing or future moral rights in the Content. You waive any rights you may have to take action against Westpac in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in your Content.

3.5 You warrant that the Content is your original work and you own all rights in relation to the Content. You indemnify Westpac against any action, claim or proceedings alleging that the Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by Westpac in connection with the foregoing.

3.6 Any links to third party sites from this website do not amount to any endorsement of that site by Westpac and any use of that site by you is at your own risk.

3.7 You will not use the website for the purpose of spamming others or advertising or marketing any goods or services or providing any advice in relation to, or offering, any financial product or service.

3.8 Westpac normally shows your name with your contribution, unless you request otherwise. However, for operational reasons this is not always possible.

3.9 To the extent permitted by law, Westpac will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of Content to Westpac, or the subsequent use of your Content by Westpac or any third parties.

4. Important disclaimers

4.1 The content and format of the website may be changed by Westpac at any time, without notice, in its absolute discretion.

4.2 The information provided on this website is provided by registered users of the website. Westpac has not verified the information contained on this website, which may not be complete, timely or accurate for your purposes. Westpac makes no representation or warranty of any kind as to the accuracy, timeliness or completeness of the information, nor does Westpac endorse the information. It is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.

4.3 Neither Westpac nor any of its directors, employees or associates guarantees the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. Westpac excludes all express and implied conditions, representations and warranties as well as any liability for indirect or consequential loss or damage, and any loss of profits, revenue, business, reputation or data. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act 2001 and Competition and Consumer Act 2010.

4.4 Westpac does not warrant that the functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

4.5 Westpac may from time to time moderate the information appearing on this website. However, Westpac does not review all information posted to the website. To report undesirable posts or to bring to Westpac’s attention users who may not be following these Terms of Use, please email rubyconnection@westpac.com.au. Please do not post your grievances on this website.

4.6 Should you leave this site via a link contained within this website
(a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by Westpac. Westpac is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. Westpac does not make any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party; and
(b) links to other websites are provided for convenience only and do not represent any endorsement by Westpac of the products or services offered by the website owner.

4.7 You should consider seeking professional advice in connection with the financial, legal and taxation implications of investing before acting on any information contained on this website.

5. General terms

5.1 Except for content provided in the Forum and Members sections of the website (which is governed by paragraph 3.3 of these Terms of Use), all intellectual property rights in the website and its content will remain vested in Westpac or its licensors. You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit, communicate to the public or otherwise use the website or any such content in any way except for your own personal, non-commercial use.

5.2 Any communication or material sent by you to the website by electronic mail or otherwise, including without limitation any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

5.3 If any part of these Terms of Use is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

5.4 The failure or delay of Westpac to exercise or enforce any right in these Terms of Use does not waive Westpac’s right to enforce that right.

5.5 These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

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