Terms & Conditions
1. About the Service
1.1. These terms of use ('Terms') govern your use of our service ('the Service') accessible via our website at www.koalify.au ('the Website').
1.2. The Website and Service are managed by KOALIFY GROUP PTY LTD (ABN 43673755130), operating as Koalify ('the Company'), located at 11/10 Henrietta Street, Waverley, NSW 2024, Australia. Your access and use of the Website and any associated Services are subject to these Terms, applicable for both visitors and registered users. Please read these Terms attentively. By using, browsing, or reading the Website, you acknowledge, understand, and consent to be bound by these Terms. If you disagree with these Terms, you must immediately cease using the Website and Services.
1.3. The Company reserves the right to modify the Terms by updating this page at its sole discretion. Changes to the Terms are effective immediately from the date of their publication. We recommend keeping a copy of these Terms for your records.
2. Acceptance of the Terms
You accept the Terms by continuing to use the Website. You may also accept the Terms by clicking to accept or agree to the Terms, where this option is provided by the Company in the user interface.empty
3. Registration to Use the Services
3.1. Some information and Services are accessible without logging in, but full access requires registering for an account via the Website.
3.2. The registration process or continued use of the Services may require you to provide personal information, including:
(a) Email address
(b) Name
(c) Telephone number
(d) Password
(e) Financial circumstances and product/service preferences
3.3. You guarantee that all information given to the Company during registration is always accurate, correct, and current.
3.4. You are ineligible to use the Services or accept the Terms if:
(a) You are underage and cannot form a binding contract with the Company;
(b) You do not reside in Australia;
(c) You are prohibited from receiving the Services under Australian or other countries' laws.
4. Your Obligations
4.1. As a user, you are required to adhere to the following obligations:
(a) Utilise the Services solely for purposes that are:
i. In accordance with these Terms; and
ii. Compliant with any relevant laws, regulations, or generally accepted practices or guidelines in applicable jurisdictions;
(b) Maintain the accuracy and current status of your personal contact information;
(c) Solely manage and safeguard the confidentiality of your password and email address.
Any unauthorised use of your password may lead to the immediate termination of the Services;
(d) Prohibit and immediately report any unauthorised use of your registration information by others to the Company;
(e) Restrict access and use of the Website to your personal use, in line with the Company's provision of Services. This access is non-transferable;
(f) Refrain from using the Services or Website for any commercial activities, unless explicitly authorised or endorsed by the Company's management;
(g) Avoid any illegal or unauthorised use of the Services or Website. The Company will take legal action against any such misuse;
(h) Acknowledge and agree to prohibit automated use of the Website or its Services. Without the Company’s prior written consent, you must not engage in screen scraping, data mining, or similar activities to extract or replicate information from the Website for external use or publication.
5. Copyright and Intellectual Property
5.1. All content displayed on the Website, including underlying software and code, is protected by copyright, trademark, or other intellectual property laws.
5.2. Unless specified otherwise, all rights related to the Services and the compilation of the Website (this includes, but is not limited to, text, graphics, logos, icons, video and audio clips, code, scripts, design elements, and interactive features) are owned or controlled by the Company or its contributors and are reserved.
5.3. The Company grants you a non-transferable, non-exclusive, royalty-free, revocable licence to:
(a) Use the Website in accordance with these Terms;
(b) Store Website content in your device’s cache memory;
(c) Copy and print pages from the Website for personal, non-commercial use.
5.4. The Company does not confer any additional rights regarding the Website or the Services. All other rights, titles, and interests in the Website and Services are expressly retained by the Company.
5.5. Your interaction with the Website does not transfer any intellectual property rights, including but not limited to:
(a) Business names, trading names, domain names, trademarks, industrial designs, patents, registered designs, or copyrights;
(b) Rights to use or exploit business names, trading names, domain names, trademarks, or industrial designs;
(c) Patents, registered designs, copyrights (or their adaptations or modifications).
5.6. Without prior written permission from the Company and relevant rights owners, you must not copy, reproduce, broadcast, republish, upload, transmit, post, distribute, publicly display, adapt, or modify any material from the Website or the Services, unless explicitly allowed by these Terms.
6. Privacy
The Company is committed to protecting your privacy. Any information provided through your use of the Website or Services is governed by the Company’s Privacy Policy, which is available on the Website.
7. General Disclaimer
7.1. The Terms do not limit or exclude any guarantees, warranties, representations, or conditions that are implied or imposed by law, such as the Australian Consumer Law. These legal guarantees and warranties cannot be limited or excluded by these Terms.
7.2. Subject to clause 7.1, and to the extent permissible by law:
(a) All terms, guarantees, warranties, representations, or conditions not explicitly stated in these Terms are excluded;
(b) The Company is not liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill that may arise in connection with the Services or these Terms. This includes losses arising from inability to use the Services or delayed provision of the Services, whether under common law, contract, tort (including negligence), equity, statute, or otherwise.
7.3. Using the Website and Services is at your own risk. All content is provided "as is" and "as available," without any kind of warranty. The Company does not guarantee that the Website will be error-free. The Company provides information on financial products based on its research, product providers, and third parties, but does not guarantee the accuracy of this information. It's recommended to verify information directly with the product provider.
7.4. The Company's affiliates, directors, officers, employees, agents, contributors, and licensors do not make any express or implied representations or warranties about the Services or any products on the Website. The Company is not liable for any loss or damage resulting from:
(a) Performance failures, errors, omissions, interruptions, defects, delays, computer viruses, data loss, unlawful third party conduct, or unauthorized access to records;
(b) Inaccuracy, unsuitability, or outdated information on the Website, the Services, or related products (including third-party materials and advertisements);
(c) Costs incurred from using the Website, Services, or Company products;
(d) Services or operations in respect to any provided links for convenience.
7.5. Independent advice should be sought before making decisions based on the information on the Website.
8. Limitation of Liability
8.1. The Company's total liability related to the Services or these Terms, whether arising under contract, tort (including negligence), equity, statute, or otherwise, is limited to resupplying the Services to you.
8.2. You acknowledge and agree that the Company, its affiliates, employees, agents, contributors, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you, under any liability theory. This includes, but is not limited to, loss of profit, goodwill, business reputation, or any other intangible loss.
9. Termination of Contract
9.1. These Terms remain in effect until terminated either by you or the Company, as detailed below.
9.2. You can terminate the Terms by closing your accounts for all the Services you use, if this option is provided by the Company. Alternatively, you may send a written notice of termination to the Company via email at support@koalify.au.
9.3. The Company may terminate the Terms with you at any time if:
(a) You breach or are intending to breach any provision of the Terms;
(b) The Company is legally required to do so;
(c) The Company deems the provision of Services to you as no longer commercially viable.
9.4. In accordance with local laws, the Company reserves the right to discontinue or cancel your access to the Website or Services without notice, especially if you breach the Terms, violate any applicable law, or adversely impact the Company's reputation or infringe on the rights of others.
10. Indemnity
10.1. You agree to indemnify the Company, its affiliates, employees, agents, contributors, third-party content providers, and licensors against:
(a) Any direct or indirect consequences of your access, use, or transactions on the Website, or attempts to do so; and/or
(b) Any breach of the Terms.
11. Venue and Jurisdiction
The Services provided by the Company are intended for Australian residents. In the event of any disputes related to the Website, the exclusive jurisdiction for resolving these disputes will be the courts of New South Wales, Australia.
12. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any disputes arising from or in relation to the Terms will be governed, interpreted, and construed under the laws of New South Wales, Australia, without reference to conflict of law principles. This governing law clause is valid and uncontested. The Terms are binding to the benefit of the parties and their successors and assigns.
13.Severance
Should any part of these Terms be found void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder of the Terms shall continue in force.