BACKGROUND

  1. Key Money Concepts has developed and maintains an Internet based suite of Financial Education Products.
  2. You have requested that Key Money Concepts provide you with access to the Financial Education Products and Key Money Concepts has agreed to do so on the terms and conditions set out in this Agreement.

 

AGREEMENTS

You and Key Money Concepts agree, in consideration of, among other things, the mutual promises contained in this Agreement as follows:

  1. DEFINITIONS
    In this document:Agreement means this agreement, including any schedule;Fee means the monthly amount of $4.99 paid each month for the duration of the Term, charged to your credit or debit card, details of which you have provided or will provide to Key Money Concepts;Financial Education Products means the Internet based suite of financial literacy and education products and services, hosted at the following domain: keymoneyconcepts.com.au; 

    Initial Term means a period of one month from the date you enter into this Agreement;

    Key Money Concepts means Neal Chowdry, Marcus Hoon, and Ignatius Wilson trading as Key Money Concepts A.B.N. 71 172 787 696;

    Term means the Initial Term and the period following the expiration of the Initial Term until this Agreement is terminated in accordance with clause 6.

  2. INTERPRETATION
    In this Agreement, unless the contrary intention appears: 

    1. a cross reference to a clause number includes a reference to its subclauses;
    2. a reference to a person includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any Government Agency (whether or not having a separate legal personality);
    3. a reference to a party to any document includes that party’s successors and permitted assigns;
    4. a reference to a clause, subclause, party or schedule is a reference to a clause, subclause, party or schedule of this Agreement, and a reference to this Agreement includes any clause, subclause and schedule;
    5. a reference to a document (including this Agreement) includes all amendments or supplements to, or replacements or novations of, that document;
    6. a provision of this Agreement may not be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or the preparation or proposal of that provision;
    7. a reference to a schedule includes a reference to any part of a schedule which is not physically annexed to this Agreement but is incorporated by reference;
  3. AGREEMENT TO PROVIDE FINANCIAL EDUCATION PRODUCTS
    1. Key Money Concepts hereby grants to you a non-exclusive, non-transferable licence (Licence) to access and use the Financial Education Products in accordance with this Agreement for the duration of the Term.
    2. Key Money Concepts will provide to you any usernames, passwords or other such information or requirements to gain access to the Financial Education Products.
  4. LIMITATIONS ON USE OF FINANCIAL EDUCATION PRODUCTS
    1. Access to the Financial Education Products is for you only and the Financial Education Products or the domain name under which it is hosted may only be used for personal financial education purposes and no unlawful or other purposes.
    2. Except as may be permitted by this Agreement, the Financial Education Products may not be decompiled, reverse engineered, disassembled, transferred, distributed, resold, sublicensed, commercially exploited, otherwise made available to a third party in any way or used to create any derivative works or works to be used in conjunction with the Financial Education Products.
    3. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Financial Education Products or the domain name under which it is hosted or ‘frame’ or ‘mirror’ Financial Education Products on any other server or wireless or Internet-based device.
  5. FEES
    1. In consideration of Key Money Concepts providing access to the Financial Education Products, you will pay the Fee to Key Money Concepts in accordance with this Agreement.
    2. Payment of the Fee is not refundable.
  6. TERMINATION
    1. This Agreement will terminate:
      1. at any time following the provision by you to Key Money Concepts of notice to that effect; or
      2. immediately if you or Key Money Concepts breaches any material provision of this Agreement, including clauses 4 and 5.
    2. If this Agreement is terminated pursuant to clause 6.1(b):
      1. where you are the party in breach of this Agreement, Key Money Concepts will be entitled to receive from you the full amount of any unpaid Fee up to and including the end of the Term; and
      2. the parties may pursue any additional or alternative remedies provided by law.
  7. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between you and Key Money Concepts in respect of the matters dealt with in this Agreement, and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in this Agreement.
  8. NOTICES
    1. Any notice, demand, approval, consent or other communication under this Agreement (Notice) must be in writing and may be delivered by hand, by mail or by e-mail to the other party or at the other party’s last known physical or e-mail address where the party giving notice has no reason to believe that physical or e-mail address is no longer current.
    2. A Notice will be deemed to be given:
      1. in the case of hand delivery, on delivery;
      2. in the case of posting, two business days after the date of posting; and
      3. in the case of e-mail, immediately upon sending, provided that a copy of the e-mail is retained as a “sent item” showing the transmission address and the date and time of transmission; and
  9. GOVERNING LAW
    This Agreement will be governed by, construed, and take effect in accordance with the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in New South Wales.
  10. SEVERABILITY
    If a provision of this Agreement is found to be wholly or partly invalid, unenforceable or illegal, that provision will be ineffective to the extent of the invalidity, unenforceability or illegality, and the remaining provisions of the Agreement will remain in full force and effect.
  11. WAIVER
    1. No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party.
    2. A waiver made by either party pursuant to clause 11.1 will not prejudice any rights in respect of any subsequent breach of the Agreement by either party.
    3. Any failure by either party to enforce its rights under this Agreement, or any forbearance, delay or indulgence granted by either party, will not be construed as a waiver of that party’s rights under this Agreement.
  12. VARIATION AND ASSIGNMENT
    1. The provisions of this Agreement shall not be varied, except by agreement in writing signed by the parties.
    2. No party may assign its rights under this Agreement without the prior written consent of the other party.
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