The Separation Guide
Terms and Conditions
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Website terms & conditions
1. Overview
We, the Separation Guide Pty Ltd (The Separation Guide, us/we/our) (ACN 636 755 872) provide a wide range of services, including acting as an independent guide to separation and divorce in Australia. We aim to support you throughout, making separation simpler, more manageable and less stressful to ensure you have the confidence to make the right decisions for your future (collective, Service).
The website located at https://theseparationguide.com.au/ (Site) is owned and operated by us. Please read these terms (Terms) carefully as they govern your access to and use of the Site.
These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.
2. Access of Site
To access the Site, you must:
- be at least 18 years old; and
- possess the legal right and ability to enter into a legally binding agreement.
3. Use of Site
3.1 Personal use only
You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.
Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.
You must not modify or copy the layout of the Site or any computer software and code contained in the Services.
3.2 Must not interfere with the Site
You must not:
- interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
- create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
- restrict, or attempt to restrict, another user from using or enjoying the Site; or
- encourage or facilitate violations of the Terms.
4. Materials
We may present information and content, including articles, opinions, information and commentary on the Site (Materials).
The Materials are for your personal use only and may not, for any reason, be:
- resold or redistributed in any material form;
- stored in any storage model (online, virtual or hardware); or
- retransmitted by any means.
5. User Content
5.1 General
We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third party consents in the same manner.
User Content must be accurate, truthful and genuine, and provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
5.2 Security of content
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.
5.3 Prohibited content
You must not create or generate any User Content:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
- that would bring us into disrepute; or
- that infringes the rights, including intellectual property rights, of any third party.
5.4 Blocking
We reserve the right to remove or block any User Content that violates our Terms.
6. Third Party Links
The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
Third Party Links are provided as a convenience to you and the existence of such links on the Site is not an endorsement of those Third Party Links.
We are not responsible for the content or material contained on any Third Party Link.
7. Intellectual property rights
We or our licensors reserve all intellectual property rights in the Site and the Materials.
All content appearing on the Site, and the Site itself, is protected by copyright laws and treaties around the world. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
Nothing in our Terms constitutes a transfer of any intellectual property rights.
All trade marks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.
8. Privacy
We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.
For more information on our information collection and handling practices, please view our Privacy Policy.
9. Disclaimer
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the Material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy, reliability or timeliness.
We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third Party Links, at any time and without notice to you.
The information provided on the Site and in the Materials is informative only and does not constitute professional advice. We recommend you speak to qualified professionals for specific advice. You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements.
You alone are responsible for your User Content.
We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.
10. Exclusions and limitation of liability
To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur arising out of or related to the use, inability to use, performance or failures of the Site and any Materials posted on it.
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
- fraud or other unlawful acts;
- gross negligence; or
- liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
11. Indemnity
You agree to indemnify us for all third party claims, losses, damages, liabilities and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or your breach of any rights of third parties.
12. Contact us
If you wish to contact us or make a complaint, please contact us at 1300 179 989 or support@theseparationguide.com.au
13. Variation to the Terms
We may vary, amend or otherwise modify the Terms at any time (New Terms) and will publish the New Terms on the Site, at which time they will be effective. Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.
14. Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
15. Jurisdiction
The Terms are governed by the laws in force in Victoria, Australia.
You and we submit to the exclusive jurisdiction of the courts of Victoria.
Last update of these Terms of Use: August 2023
SepGuide™ Plan – Employer-Funded terms & conditions
1. Overview
1.1 We, the Separation Guide ACN 636 755 872 (The Separation Guide, us/we/our) provide an independent guide to separation and divorce in Australia.
1.2 Our online service consists of our website located at https://theseparationguide.com.au/ and our Guided Separation, DIY program, SepGuide Consults, SepGuide Plan and the Support Hub (Platform) (together, Services), which are owned and operated by us.
1.3 Before accessing and using the Platform, you should read these Terms and Conditions carefully. If you have questions about them, you can contact us at support@theseparationguide.com.au.
1.4 By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:
(a) these Terms and Conditions;
(b) our Privacy Policy; and
(c) any other terms, policies or notices published on the Platform, (collectively, Terms).
1.5 Our Terms form a binding contract between the user of the Platform (User, you) and us (Agreement).
1.6 Our Platform and Services are resources designed to provide information to our Users only and are not intended to, in any way, be considered as a replacement for independent advice from qualified professionals.
1.7 If you do not accept any terms of this Agreement, you must cease using the Platform immediately.
1.8 We reserve the right to amend the Terms at any time, with notice to you where reasonable and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2. Scope of Our Platform
2.1 Overview
(a) Our Platform is an independent guide to separation and divorce in Australia. It aims to support Users by making separation simpler, more manageable and less stressful to ensure they have the confidence to make the right decisions for their future.
(b) Through the Platform, Users are provided with, amongst other things, a central location for information, support and connection to ethical professionals during your separation.
2.2 Our role
(a) We act as the provider of the Platform and our role is limited to:
(i) facilitating your access to and use of the Services and the Platform;
(ii) taking feedback about the Platform; and
(iii) improving and modifying the Platform.
(b) By accessing and using the Platform, you agree and acknowledge that:
(i) we are not responsible for, and have no control over the use of the Platform by other Users; and
(ii) we reserve the right, but are not obliged, to monitor, verify, modify or delete, any material or information created, generated or transmitted by Users through the Platform (collectively, User Content) and we do not control the accuracy of User Content.
3. Registration and Access to Platform
3.1 Account Registration
(a) To obtain access to our Platform, you must register for an account with us (Account) and accept these Terms and our Privacy Policy.
(b) To register an Account, you must:
(i) possess the legal right and ability to enter into a legally binding agreement; and
(ii) provide complete and accurate information to all the items in the sign-up page of the Platform, which may include your full name and contact details (Registration Information).
(c) When registering an Account, you must nominate an email and password. You are responsible for maintaining the confidentiality and integrity of the Account, the password and for all use and activity carried out on your Account. If you believe that there has been unauthorised access to your Account, please contact us.
(d) The information you provide us through the Platform, including but not limited to your Registration Information, must be accurate, complete and up to date. You must promptly update all information to ensure it remains up to date. We are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure details are accurate.
(e) You acknowledge and agree that if the information that you provide to us is inaccurate or becomes out of date, you may not be able to use all or any of the features of the Platform.
(f) We reserve the right to refuse to register any User for any reason at our sole discretion or to deny anyone access to an Account or the Platform at any time and for any reason, without notice.
3.2 Subscription
(a) By creating an Account, you are gaining access to a subscription to the Platform which has been arranged and paid for by your employer as part of an employee assistance program.
(b) The monthly fees payable to us in consideration for us making the Platform available to you (Subscription Fees) are paid by your employer.
(c) The types and features of the available subscription plans are displayed on the Platform during registration and are updated from time to time.
(d) For the avoidance of doubt, your employer will not be made aware of your access to or use of the Platform, nor will your Registration Information (or any User Content) be shared with your employer.
3.3 Use
(a) By accessing and using the Platform as a User, you represent and warrant that:
(i) you are at least 18 years of age;
(ii) you are currently living in Australia and have an Australian residential address; and
(iii) you have the legal right, authority and capacity to agree to and abide by the Terms of this Agreement.
(b) By accessing and using the Platform as a User, you agree and acknowledge that:
(i) we are not a party to, or a participant in, any contractual relationship between Users;
(ii) we do not guarantee the existence, availability, suitability, legality or safety of the Platform;
(iii) your access to and use of the Platform is non-transferable; and
(iv) we are not obliged to confirm the identity of Platform users, including our Users, except to the extent of any applicable verification procedures outlined within these Terms.
(c) By registering for an Account, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of the Platform.
4. Use of Platform
4.1 Permitted Use
(a) You may view the Platform using a web browser or mobile device and copy or print hard copies of parts of the Platform solely for your personal, non-commercial purposes, as provided for in these Terms.
(b) Any other use, including the modification, distribution, transmission, republication, display or performance of the content on the Platform, except as provided for under these Terms, is strictly prohibited.
4.2 Your Obligations
(a) You represent and warrant to:
(i) use the Platform in accordance with these Terms and for lawful purposes only; and
(ii) comply with applicable laws and regulations.
4.3 Limitations
In accessing the Platform, you represent and warrant that you will not:
(a) modify or copy the layout of the Platform or any computer software or code contained in the Platform;
(b) commit any act or engage in any practice that:
(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with or disrupts the integrity of the Platform, including but not limited to, by hacking, transmitting any viruses, spyware, malware or any other unauthorised malicious code of a destructive or disruptive nature;
(c) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) restrict, or attempt to restrict, another User from using or enjoying the Platform;
(e) interfere with the privacy of another person or harvest or otherwise collect information about others, including Registration Information, without their consent;
(f) infringe any intellectual property rights or any other contractual or proprietary rights of another person;
(g) bypass any measures used to prevent or restrict access to our Platform;
(h) do any act, engage in any practice or omit to do any act or engage in any practice that:
(i) is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
(ii) would cause us to breach or to be taken to breach a law;
(iii) would bring us into disrepute; or
(iv) interferes with the integrity or supply of the Platform to all Users; or
(i) encourage or facilitate violations of these Terms;
(j) distribute or send any unauthorised communications including but not limited to those that contain spam, chain letters, or pyramid schemes; or
(k) harass, intimidate, act violently or inappropriately towards or be discriminatory against another User.
5. Intellectual Property Rights
(a) In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
(c) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(d) To the extent that the Platform uses any open source or third-party code that may be incorporated into the Platform, such access to the open source code is provided subject to the terms imposed by the licensor of that open source code. You acknowledge and agree that any open source code is made available “as is”, without any warranty from us.
6. User Content
6.1 General
(a) We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by and between Users through the Platform (User Content) and we do not control the accuracy of User Content.
(b) We do not claim ownership of any User Content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable and transferable licence to use, reproduce, modify, copy, store and share the User Content, for our business or commercial purposes.
(c) You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
(d) The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us.
6.2 Security of content
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
6.3 Prohibited content
You must not create or generate any User Content:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
(d) that would bring us into disrepute; or
(e) that infringes the rights, including intellectual property rights, of any third party.
7. Third-Party Links
As we guide you through this process, we will connect you with experienced professionals in our network. Therefore, the Platform may contain links and other pointers to websites or applications owned and operated by third parties. While we provide you with links to our members who we trust and believe will be able to support you during this time, we do not control these linked websites and are not responsible for the contents of any linked website. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to third-party products and services.
8. Disclaimer
To the fullest extent permitted by law, you agree and acknowledge that:
(a) the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
(d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(e) we make no warranty or representation that the Platform will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(f) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information;
(g) you are responsible for considering the appropriateness of the Platform, its services and any Platform Content, for your intended application and use and we give no warranty, guarantee or representation that the Platform, its services or the Platform Content is suitable for or meets your requirements;
(h) your access to the Platform and use of the Services and Platform Content that we provide, does not in any way constitute financial, psychological or legal advice;
(i) we are not responsible for the information or advice you receive from third parties through the Services or the Platform and you acknowledge that in respect of third parties, the Services are limited only to facilitating introductions; and
(j) we reserve the right, but are not obliged, to monitor or become involved in any dispute between Users or third parties.
9. Exclusions and limitation of liability
(a) To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:
(i) your access to and use of the Platform and Platform Content;
(ii) your inability to access or use the Platform and Platform Content;
(iii) any User Content;
(iv) any interactions between Users or conduct of other Users;
(v) any interactions or information exchange between Users and third parties;
(vi) any User breaching or failing to comply with any applicable laws,
even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude:
(i) liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and
(ii) all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 9(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
10. Indemnity
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance for the purposes of defending and managing all such claims as is reasonably requested by us.
11. Dispute Resolution
(a) The parties will use best endeavours to resolve any dispute that arises by good faith negotiations. If a dispute arises between the parties out of or relating to this Agreement, then:
(i) the party alleging the dispute must notify the existence and nature of the dispute to the other party within 10 days of the dispute arising (Dispute Notice);
(ii) upon receipt of a Dispute Notice, the parties must, within 5 days, engage in good faith negotiations and use best endeavours to resolve the dispute;
(iii) if the dispute is not resolved as provided in paragraph (ii) within 5 days of receipt of the Dispute Notice, then either party may refer the dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the dispute;
(iv) any dispute which is referred to mediation must be referred to the Resolution Institute and must be conducted in accordance with the Mediation Rules of the Resolution Institution or the parties may appoint a mediator by mutual agreement; and
(v) if the dispute is not resolved within 30 days of referral to mediation, any party is free to initiate proceedings in a court in respect of the dispute.
(b) A party must not commence legal proceedings relating to this Agreement unless the party wishing to commence proceedings has complied with this clause 11. However, this clause will not apply where a party seeks urgent interlocutory relief from a court.
12. Termination
(a) Users may terminate this Agreement by providing notice to us by email or by deleting the account through the settings on the Platform. Termination will be effective upon our receipt of the notice, following which, we will disable the User’s Account at the end of the month within which the notice or cancellation is received.
(b) Your use of the Services and access to the Platform is contingent upon our agreement with your employer (Principal Agreement). Where the Principal Agreement is terminated, this Agreement will terminate and your access to the Services and the Platform will cease. Where this Agreement is terminated in accordance with this clause 12(b), Users who wish to continue to use the Services should contact us to discuss receiving the Services on a self-funded basis.
(c) We may suspend your Account or your access to or use of the Platform, or any portion of the Platform and/or terminate this Agreement immediately by providing notice to you by email, if we believe that you have breached the terms of this Agreement or the Terms or if your employer ceases to make payment for your subscription.
(d) We may disable your access to your Account immediately on providing notice to you if we believe your conduct is likely to interfere with the Platform, or the rights of any third parties. Otherwise, the termination will be effective at the end of the month within which the notice is provided to you.
(e) We reserve the right to cease operating the Platform, or any part of the Platform, without notice and for any reason.
(f) On expiry or termination of this Agreement:
(i) access to your Account will expire or cease; and
(ii) your access to the Platform, Platform Content, your Account or User Content will be limited.
13. General
13.1 Variation
We may vary, amend, or otherwise modify these Terms at any time. We will publish the new Terms on the Platform and on our website at which time they will be effective. Your continued use of the Platform following the posting of the new Terms constitutes your acceptance of the new Terms.
13.2 No Waiver
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
13.3 Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
13.4 Governing law and jurisdiction
This Agreement is governed by the laws in force in Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.
13.5 Contact us
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments, and suggestions for improvements to the Platform (Feedback). You may submit Feedback by contacting us via support@theseparationguide.com.au.
© 2023 The Separation Guide Pty Ltd. ALL RIGHTS RESERVED.
Terms last updated November 2023
SepGuide™ Plan – Customer-Paid terms & conditions
1.1 Overview
1.1 We, the Separation Guide ACN 636 755 872 (The Separation Guide, us/we/our) provide an independent guide to separation and divorce in Australia.
1.2 Our online service consists of our website located at https://theseparationguide.com.au/ and our Guided Separation, DIY program, SepGuide™ Consults, SepGuide™ Plan and the Support Hub (Platform) (together, Services), which are owned and operated by us.
1.3 Before accessing and using the Platform, you should read these Terms and Conditions carefully. If you have questions about them, you can contact us at support@theseparationguide.com.au.
1.4 By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:
(a) these Terms and Conditions;
(b) our Privacy Policy; and
(c) any other terms, policies or notices published on the Platform, (collectively, Terms).
1.5 Our Terms form a binding contract between the user of the Platform (User, you) and us (Agreement).
1.6 Our Platform and Services are resources designed to provide information to our Users only and are not intended to, in any way, be considered as a replacement for independent advice from qualified professionals.
1.7 If you do not accept any terms of this Agreement, you must cease using the Platform immediately.
1.8 We reserve the right to amend the Terms at any time, with notice to you where reasonable and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2. Scope of Our Platform
2.1 Overview
(a) Our Platform is an independent guide to separation and divorce in Australia. It aims to support Users by making separation simpler, more manageable and less stressful to ensure they have the confidence to make the right decisions for their future.
(b) Through the Platform, Users are provided with, amongst other things, a central location for information, support and connection to ethical professionals during your separation.
2.2 Our role
(a) We act as the provider of the Platform and our role is limited to:
(i) facilitating your access to and use of the Services and the Platform;
(ii) taking feedback about the Platform; and
(iii) improving and modifying the Platform.
(b) By accessing and using the Platform, you agree and acknowledge that:
(i) we are not responsible for, and have no control over the use of the Platform by other Users; and
(ii) we reserve the right, but are not obliged, to monitor, verify, modify or delete, any material or information created, generated or transmitted by Users through the Platform (collectively, User Content) and we do not control the accuracy of User Content.
3. Registration and Access to Platform
3.1 Account Registration
(a) To obtain access to our Platform, you must register for an account with us (Account) and accept these Terms and our Privacy Policy.
(b) To register an Account, you must:
(i) possess the legal right and ability to enter into a legally binding agreement; and
(ii) provide complete and accurate information to all the items in the sign-up page of the Platform, which may include your full name and contact details (Registration Information).
(c) When registering an Account, you must nominate an email and password. You are responsible for maintaining the confidentiality and integrity of the Account, the password and for all use and activity carried out on your Account. If you believe that there has been unauthorised access to your Account, please contact us.
(d) The information you provide us through the Platform, including but not limited to your Registration Information, must be accurate, complete and up to date. You must promptly update all information to ensure it remains up to date. We are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure details are accurate.
(e) You acknowledge and agree that if the information that you provide to us is inaccurate or becomes out of date, you may not be able to use all or any of the features of the Platform.
(f) We reserve the right to refuse to register any User for any reason at our sole discretion or to deny anyone access to an Account or the Platform at any time and for any reason, without notice.
3.2 Subscription
(a) By creating an Account, you are gaining access to a Platform which has both free to view and optional paid content.
(b) Paid content can be purchased from within the Platform. The fees payable to us in consideration for us making the Platform available to you (Subscription Fees) are paid by you, via your nominated payment details. TSG may engage a third-party payment processor (Payment Processor) to deduct the Subscription Fees on its behalf.
(c) The types and features of the available subscription plans are displayed on the Platform during registration and are updated from time to time.
3.2 Use
(a) By accessing and using the Platform as a User, you represent and warrant that:
(i) you are at least 18 years of age;
(ii) you are currently living in Australia and have an Australian residential address; and
(iii) you have the legal right, authority and capacity to agree to and abide by the Terms of this Agreement.
(b) By accessing and using the Platform as a User, you agree and acknowledge that:
(i) we are not a party to, or a participant in, any contractual relationship between Users;
(ii) we do not guarantee the existence, availability, suitability, legality or safety of the Platform;
(iii) your access to and use of the Platform is non-transferable; and
(iv) we are not obliged to confirm the identity of Platform users, including our Users, except to the extent of any applicable verification procedures outlined within these Terms.
(c) By registering for an Account, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of the Platform.
4. Use of Platform
4.1 Permitted Use
(a) You may view the Platform using a web browser or mobile device and copy or print hard copies of parts of the Platform solely for your personal, non-commercial purposes, as provided for in these Terms.
(b) Any other use, including the modification, distribution, transmission, republication, display or performance of the content on the Platform, except as provided for under these Terms, is strictly prohibited.
4.2 Your Obligations
(a) You represent and warrant to:
(i) use the Platform in accordance with these Terms and for lawful purposes only; and
(ii) comply with applicable laws and regulations.
4.3 Limitations
In accessing the Platform, you represent and warrant that you will not:
(a) modify or copy the layout of the Platform or any computer software or code contained in the Platform;
(b) commit any act or engage in any practice that:
(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with or disrupts the integrity of the Platform, including but not limited to, by hacking, transmitting any viruses, spyware, malware or any other unauthorised malicious code of a destructive or disruptive nature;
(c) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) restrict, or attempt to restrict, another User from using or enjoying the Platform;
(e) interfere with the privacy of another person or harvest or otherwise collect information about others, including Registration Information, without their consent;
(f) infringe any intellectual property rights or any other contractual or proprietary rights of another person;
(g) bypass any measures used to prevent or restrict access to our Platform;
(h) do any act, engage in any practice or omit to do any act or engage in any practice that:
(i) is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
(ii) would cause us to breach or to be taken to breach a law;
(iii) would bring us into disrepute; or
(iv) interferes with the integrity or supply of the Platform to all Users; or
(i) encourage or facilitate violations of these Terms;
(j) distribute or send any unauthorised communications including but not limited to those that contain spam, chain letters, or pyramid schemes; or
(k) harass, intimidate, act violently or inappropriately towards or be discriminatory against another User.
5. Intellectual Property Rights
(a) In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
(c) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(d) To the extent that the Platform uses any open source or third-party code that may be incorporated into the Platform, such access to the open source code is provided subject to the terms imposed by the licensor of that open source code. You acknowledge and agree that any open source code is made available “as is”, without any warranty from us.
6. User Content
6.1 General
(a) We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by and between Users through the Platform (User Content) and we do not control the accuracy of User Content.
(b) We do not claim ownership of any User Content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable and transferable licence to use, reproduce, modify, copy, store and share the User Content, for our business or commercial purposes.
(c) You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
(d) The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us.
6.2 Security of content
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
6.3 Prohibited content
You must not create or generate any User Content:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
(d) that would bring us into disrepute; or
(e) that infringes the rights, including intellectual property rights, of any third party.
7. Third Party Links
As we guide you through this process, we will connect you with experienced professionals in our network. Therefore, the Platform may contain links and other pointers to websites or applications owned and operated by third parties. While we provide you with links to our members who we trust and believe will be able to support you during this time, we do not control these linked websites and are not responsible for the contents of any linked website. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to third-party products and services.
8. Disclaimer
To the fullest extent permitted by law, you agree and acknowledge that:
(a) the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
(d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(e) we make no warranty or representation that the Platform will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(f) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information;
(g) you are responsible for considering the appropriateness of the Platform, its services and any Platform Content, for your intended application and use and we give no warranty, guarantee or representation that the Platform, its services or the Platform Content is suitable for or meets your requirements;
(h) your access to the Platform and use of the Services and Platform Content that we provide, does not in any way constitute financial, psychological or legal advice;
(i) we are not responsible for the information or advice you receive from third parties through the Services or the Platform and you acknowledge that in respect of third parties, the Services are limited only to facilitating introductions; and
(j) we reserve the right, but are not obliged, to monitor or become involved in any dispute between Users or third parties.
9. Exclusions and limitation of liability
(a) To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:
(i) your access to and use of the Platform and Platform Content;
(ii) your inability to access or use the Platform and Platform Content;
(iii) any User Content;
(iv) any interactions between Users or conduct of other Users;
(v) any interactions or information exchange between Users and third parties;
(vi) any User breaching or failing to comply with any applicable laws,
even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude:
(i) liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and
(ii) all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 9(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
10. Indemnity
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance for the purposes of defending and managing all such claims as is reasonably requested by us.
11. Dispute Resolution
(a) The parties will use best endeavours to resolve any dispute that arises by good faith negotiations. If a dispute arises between the parties out of or relating to this Agreement, then:
(i) the party alleging the dispute must notify the existence and nature of the dispute to the other party within 10 days of the dispute arising (Dispute Notice);
(ii) upon receipt of a Dispute Notice, the parties must, within 5 days, engage in good faith negotiations and use best endeavours to resolve the dispute;
(iii) if the dispute is not resolved as provided in paragraph (ii) within 5 days of receipt of the Dispute Notice, then either party may refer the dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the dispute;
(iv) any dispute which is referred to mediation must be referred to the Resolution Institute and must be conducted in accordance with the Mediation Rules of the Resolution Institution or the parties may appoint a mediator by mutual agreement; and
(v) if the dispute is not resolved within 30 days of referral to mediation, any party is free to initiate proceedings in a court in respect of the dispute.
(b) A party must not commence legal proceedings relating to this Agreement unless the party wishing to commence proceedings has complied with this clause 11. However, this clause will not apply where a party seeks urgent interlocutory relief from a court.
12.Termination
(a) If a “free trial period” is offered on your subscription, you may terminate this Agreement at any time during the “free trial period” by providing notice to us by email via accounts@theseparationguide.com.au. Please submit a cancellation request at least 24 hours prior to the end of the free trial period.
(b) Once a free trial period is over, users who have purchased a “Support” plan may terminate this Agreement by providing notice to us by email via accounts@theseparationguide.com.au. Termination will be effective upon our receipt of the notice, following which, we will disable the User’s Account at the end of the month / quarter / half year / year (Billing Period) within which the notice or cancellation is received. Please submit a cancellation request at least 48 hours prior to the end of the current Billing Period.
(c) Users who have purchased a “Support Plus” plan are not eligible for termination or early cancellation at any point during the minimum 12-month subscription period.
(d) We do not offer refunds for Subscription Fees. Subscriptions automatically renew each Billing Period. Any changes made to your subscription will apply to your next Billing Period. We are unable to retroactively make changes to your account.
(e) We may suspend your Account or your access to or use of the Platform, or any portion of the Platform and/or terminate this Agreement immediately by providing notice to you by email, if we believe that you have breached the terms of this Agreement or the Terms or if you cease to make payment for your subscription.
(f) We may disable your access to your Account immediately on providing notice to you if we believe your conduct is likely to interfere with the Platform, or the rights of any third parties. Otherwise, the termination will be effective at the end of the month within which the notice is provided to you.
(g) We reserve the right to cease operating the Platform, or any part of the Platform, without notice and for any reason.
(h) On expiry or termination of this Agreement:
(i) access to your Account will expire or cease; and
(ii) your access to the Platform, Platform Content, your Account or User Content will be limited.
13. General
13.1 Variation
We may vary, amend, or otherwise modify these Terms at any time. We will publish the new Terms on the Platform and on our website at which time they will be effective. Your continued use of the Platform following the posting of the new Terms constitutes your acceptance of the new Terms.
13.2 No Waiver
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
13.3 Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
13.4 Governing law and jurisdiction
This Agreement is governed by the laws in force in Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.
13.5 Contact us
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments, and suggestions for improvements to the Platform (Feedback). You may submit Feedback by contacting us via support@theseparationguide.com.au.
© 2024 The Separation Guide Pty Ltd. ALL RIGHTS RESERVED.
Terms last updated February 2024
