TERMS & CONDITIONS
INTRODUCTION
The Ovation Group Website is owned and operated by Ovation Group Pty Ltd. Access to and use of the website, or any of its associated Products or Services, is provided by Ovation Group. Please read these terms and conditions (the ‘Terms’) carefully. Access to and use of this Website signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website, or any services immediately.
Ovation Group reserves the right to review and amend the Terms at any time and the amended Terms will be effective from the date they are posted on the Website.
ACCEPTANCE OF THE TERMS
The Ovation Group Terms and Conditions policy governs your use of the Ovation Group Website. The other terms and conditions contained in the Privacy Policy form a part of Ovation Group’s agreement with you. Please read them carefully before proceeding.
You will be deemed to have accepted the amended Terms by continuing to access and use the Website.
PERMITTED USE
As a Customer of Ovation Group, you agree to comply with the following:
- You will use the services only for the purposes that are permitted by:
- The Terms; and
- Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
- Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purpose of Ovation Group providing Services;
- You will not use the Services or the Website in connection with any commercial endeavours except those specifically endorsed or approved by the management of Ovation Group;
- You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Ovation Group for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Services is prohibited.
CONSENT
DO NOT CALL REGISTER
By submitting your telephone number to Ovation Group via the Website you give your consent to be contacted by Ovation Group and any of its associated affiliates. The submission of your telephone number supersedes the Do Not Call Register Act 2006, and your consent will be deemed to be implied and will continue to be until such time as you withdraw that consent.
ANTI-SPAM
By submitting your email address to Ovation Group via the Website you give your consent to be contacted by Ovation Group and any of its associated affiliates. The submission of your email address supersedes the Spam Act 2003, and your consent will be deemed to be implied and will continue to be until such time as you withdraw that consent.
COMMISSIONS
Ovation Group receives payments from some third-party providers when you use our service to purchase products from them. You are not required to pay Ovation Group for those service nor does our service alter the cost of the Products or Services being offered to you.
Certain components of the Services may be provided by third-parties and are subject to separate terms and conditions. You must agree to those terms and conditions before accessing or using such third-party products, and you must comply with such terms and conditions. We may modify, remove, or replace such third-party products or components from time to time.
NO FINANCIAL ADVICE
Ovation Group does not offer financial, investment, personal or other advice. Ovation Group will only provide factual and general information about the Products and Services we offer. Before acting on any information, you should consider the appropriateness of the information provided and the nature of the relevant Product having regard to your objectives, financial situation, and needs.
LIMITATION OF LIABILITY
Ovation Group’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Ovation Group, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
WARRANTY
Whilst reasonable steps have been undertaken to ensure that information on the Website is considered to be correct at the date of publication, changes will occur and changes in circumstances after the time of publication may impact the accuracy of the information and therefore the information should not be relied upon.
The information and descriptions contained on the Website are not necessarily intended to be complete descriptions of all terms, exclusions, and conditions applicable to the Products and Services presented or referred to on this Website. As such, for complete details please refer to the actual policy documents, applicable terms and conditions, policy schedules, benefit guides, product disclosure statements and financial services guide.
INDEMNITY
You agree to indemnify Ovation Group, its affiliates, employees, agents, contributors, third-party service providers, and licensors from and against:
- All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;
- Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
- Any breach of these Terms or your use of this Website.
VENUE OF JURISDICTION
The Services offered by Ovation Group are intended to be viewed by residents of Australia. In the event that any dispute arising out of, or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
GOVERNING LAW
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not consented. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
SEVERANCE
If any part of these Terms is found to be void of unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
COPYRIGHT & INTELLECUTAL PROPERTY
The Website, the Services, and all of the related products of Ovation Group are subject to copyright. The Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (included but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Ovation Group or its contributors.
Ovation Group retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or;
- A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or;
- A thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaption or modification of such a thing, system, or process), to you.
You may not, without the prior written permission of Ovation Group and the permission of any relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
PRIVACY
Ovation Group takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Ovation Group’s Privacy Policy, which is available on the website.
LINKS TO THIRD-PARTY SITES
The information contained on this Website includes information from various third parties and does not necessarily directly reflect any policy, procedure, standard, or guidelines of Ovation Group.
Ovation Group does not control and is not responsible for any information or material found on links to other webpages, or any other website of which they form a part. Ovation Group does not take responsibility for the accuracy and reliability of any information included in the information provided by third parties.