Fox Symes User Agreement

22 October 2013

The following describes the terms on which Fox Symes & Associates Pty Ltd ACN 091 225 357 (Fox Symes) offers you access to the Fox Symes Client Portal (Site).By accessing the Site, you agree to be bound by this User Agreement.

General Conditions

  1. This Agreement describes the terms and conditions that govern your use of the services at the Site.

  2. In this agreement where the context permits a reference to ‘you’ includes anyone acting on your behalf or with your express or implied authority.

  3. These terms and your use of the Site are governed by the laws in force in Australia.

Access Eligibility

  1. Fox Symes offers you the ability to view your account through the Site, which may include the following information: account snapshot, payment history, creditors arrangements, account details, along with the ability to update your details (such as address, telephone numbers, email and password).

  2. To use the Site, please contact your Customer Care Operator. Your Customer Care Operator will provide you with a username and password. You are required to change your password on your first visit to your account.

  3. Your password used to access the Site must be kept secure at all times.

  4. You must not disclose your password or share it with others. If the password security has been compromised, or if there is any change in the information that was used to set up your password, you must notify us immediately.

  5. Fox Symes may change the Site and suspend, terminate or restrict your access at any time, at its own discretion and without reason.

  6. If you wish to cancel your access rights, please tell your Customer Care Operator.

  7. Any changes to the amounts payable to your creditors must be made via your Customer Care Operator and cannot be made online via the Site.

Payment Portal

  1. Fox Symes may also offer you access to a payments portal (Payments Portal) through the Site, which will be run by a third party provider. The Payments Portal may allow you to make payments to your Fox Symes account using a Visa or MasterCard issued by your bank or financial institution.

  2. You are responsible for any details entered into the Payments Portal.

  3. The Payments Portal is provided by a third party supplier. Fox Symes accepts no liability in relation to the provision of the Payments Portal. Fox Symes does not retain any records of information entered onto the Payments Portal.

  4. Where our liability cannot be excluded, our liability is limited to:

    1. the resupply of the information of services to you (including the correction of any errors in your account); or

    2. the payment of the cost of having the information or services resupplied to you.

  5. You must ensure that neither we nor the third party supplier suffer any loss as a result of the Payments Portal being made available to you. Any loss which we or the third party supplier incur as a result of making the Payments Portal available to you may be recovered from you by us or by the third party supplier.

Privacy

  1. The Site collects your personal information which is held in accordance with our privacy policy.

  2. The Site uses ‘cookies’. A cookie is allocated to each internet browser that visits the Site. This cookie does not allow us to collect personally identifiable information about you, but is used:

    1. to allocate an identification number to your Internet browser (you cannot be identified from this number);

    2. to determine if you have previously visited the website;

    3. to identify other pages or third parties’ websites you have accessed; or

    4. for security purposes.

Disputes

  1. We hope you are delighted with our services, but if you have any complaints you should notify us by contacting our Complaints Department by:

    • telephoning 1300 783 720

    • emailing [email protected]

    • writing to Customer Complaints at

      Complaints

      Fox Symes & Associates

      Locked Bag 29

      Australia Square NSW 1215

    or by speaking to any representative of our business who will refer you to the Complaints Officer.

  2. You can obtain further details about our dispute resolution procedures and obtain details of our privacy policy on request.

This website and linked sites

The Site may not contain all the information that you need. We do not prepare or endorse the information on other sites, even if linked to the Site. We take no responsibility for your use of other websites or the information on it.

Information sent via this website

We are not responsible for:

  • the accuracy, veracity and completeness of material transmitted by us on the Site;

  • errors in the manner of the input of material transmitted by us on the Site; or

  • any information you may lose as a result of equipment or power failures or the servers terminating your session due to prolonged periods of inactivity.

Indemnity

  1. You will be responsible for (and you indemnify us against) any loss or damage to any person arising from either any breach by you of these terms and conditions or wilful, negligent or unlawful act or omission by you in relation to, or in the course of using the Site.

  2. Your responsibility for activities undertaken by you through the Site will continue despite ceasing to use this website or having access to it.

Liability Limit

We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including for loss of profits, goodwill, information, data or other intangible losses) resulting from (without limitation):

  1. the use or inability to use the Site;

  2. unauthorised access or alterations of your transmissions to or from the Site;

  3. activities resulting from the loss or misuse of your password;

  4. statements or conduct of any third party; or

  5. any other matter relating to the Site.

No warranties

Except as specified in these terms and conditions, we give no implied or express warranties in relation to the use of the Site. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.

Changes to terms and conditions

We will review these terms and conditions from time to time and may update them periodically. If we make changes, we will place the amended terms and conditions on this website.

Contact us

If you have any questions about these terms and conditions, please contact us on 1300 666 144