Terms and Conditions
The Website is operated by Ying-Chieh (Winnie) Chen trading as Money DNA (ABN 98 740 341 621) (Money DNA, us, we, our). The term ‘you’ or ‘your’ refers to the Website user.
- Your use of the Website
You agree that:
- we are providing the Website, Content and access to our Social Media Platforms to you for your sole personal use and benefit only;
- you must not attempt to download, record, print, reproduce or otherwise save or preserve the Content for your later use;
- subject to the limited licence granted in clause 4, you will not use or otherwise misappropriate Content in a way which infringes the Intellectual Property Rights of Money DNA or any third party;
- your use of the Website, Content and our Social Media Platforms is entirely at your own risk and you agree to accept full liability and responsibility for any Loss or Claim in connection with your use of the Website and our Social Media Platforms, and purchase and/or use of the Content;
- subject to:
- the Content Terms and Conditions; and
- your rights under any applicable condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot be lawfully excluded,
all sales of Purchased Content are non-refundable;
- Without limiting clause 1.6, you agree that you will not, directly or indirectly:
- hack into or insert malicious code, including viruses, trojans, worms, logic bombs or other harmful or destructive code or data, into the Website, including any Content available on the Website, or our Social Media Platforms including through password mining, phishing or other means;
- use automated scripting tools or software in connection with the Website, Content or our Social Media Platforms;
- circumvent the Website’s structure, presentation or navigational function so as to obtain information that Money DNA has chosen not to make publicly available on its Website or our Social Media Platforms;
- attempt to modify, reverse engineer or reverse-assemble any part of the Website, Content, or our Social Media Platforms.
- Without limiting clause 1.6, you further agree that you will not, directly or indirectly, use the Website (including via Content available from our Website) or our Social Media Platforms to:
- upload User Content which infringes a third party’s (including another user’s) Intellectual Property Rights (including infringing copyright by uploading any User Content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement;
- publish, distribute, communicate or otherwise re-send (either on the Website, Social Media Platforms or not) another user’s User Content without their express permission;
- use or otherwise misappropriate User Content in a way which infringes a user’s Intellectual Property Rights (including infringing copyright by reproducing any User Content which you do not have the right to reproduce);
- publish, exchange or communicate comments to offend or insult others (which shall be judged in the sole and absolute opinion of Money DNA);
- publish, distribute or otherwise disseminate information which is false, inaccurate, misleading or deceptive, unlawful, obscene or inappropriate (which shall be judged in the sole and absolute opinion of Money DNA);
- defame, abuse, harass, stalk, threaten or intimidate others;
- impersonate another person;
- solicit money or passwords from other users;
- breach the confidence of or otherwise violate the legal rights (such as the rights of privacy) of others, including other users;
- disrupt an exchange of information between users of the Website or our Social Media Platforms or otherwise act in a manner that negatively affects other users of the Website or our Social Media Platforms, including through a denial-of-service attack or a distributed denial-of-service attack;
- transmit any unsolicited advertising, promotional materials (including in relation to any contest or pyramid scheme), surveys, chain letters or any other forms of solicitation, unless expressly authorised by Money DNA;
- harvest information about other users in order to transmit, or facilitate the transmitting of such materials as listed in clause 3.11 above;
- breach any applicable laws or regulations.
- We reserve the right to monitor use of the Website, Content and our Social Media Platforms by you or any other person, but have no obligation to do so.
- You further acknowledge that Money DNA:
- does not review and ensure the accuracy or currency of data or information posted by users on the Website or our Social Media Platforms; and
- provides the Website, Content and Social Media Platforms to, among other things, facilitate the sharing of information and interactions between users, but does not guarantee that the information and services made available through the Website or our Social Media Platforms or your interactions with other users will result in a particular outcome.
- Purchased Content
- Money DNA may make available on its Website Purchased Content, such as the Quiz Plugin, which may be purchased by a user by making an order (Order).
- An Order placed by you in the manner described on the Website is an offer by you to purchase the Purchased Content for the price and on the terms and conditions specified on the Website, including any Content Terms and Conditions, at the time you place your Order.
- All prices on the Website are displayed in Australian dollars and are subject to change prior to the time you place your Order without notice. Once your Order has been submitted you acknowledge that it may not be varied or cancelled by you, except in accordance with clauses 6 and 2.7 and any Content Terms and Conditions.
- You acknowledge that, by placing your Order for Purchased Content, you are agreeing to pay for and accept delivery of, the Purchased Content.
- You warrant that all details you provide to us when placing your Order for the Purchased Content are current, correct and complete, that you are an authorised user of the account or credit or debit card used to place your Order and that your nominated account or credit or debit card will cover the full cost of the purchase.
- If we are unable to successfully process your account or debit or credit card payment for your Order, we will notify you and cancel your Order.
- We reserve the right to cancel your Order prior to delivery and in some cases, to refuse to accept subsequent Orders from you if:
- you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address (if applicable);
- we know or suspect that you intend to on-supply the Purchased Content to other parties in trade or commerce or otherwise in breach of these Terms Use or the Content Terms and Conditions or any other applicable laws or regulations; or
- we know of or suspect any fraudulent or dishonest activity in relation to your Order.
- Content Disclaimer
- The Disclaimer applies to the Content available on the Website or via or our Social Media Platforms.
- You acknowledge that:
- the Content is supplied to you for general informational purposes only;
- the Content does not constitute financial service or advice and should not be relied upon as a substitute for financial, legal, accounting or taxation advice from a qualified professional;
- Money DNA does not provide any warranty or assurance as to the accuracy, quality, relevance, completeness, validity or fitness for a particular purpose of the Content;
- some of the information referenced by Money DNA in the Content is reliant upon external sources (e.g., third party websites) over which Money DNA has no control, and Money DNA does not take any responsibility for the accuracy, reliability or currency of that information;
- Money DNA does not guarantee that you will achieve a particular result, score or outcome by using the Content;
- you accept all responsibility for the consequences of your use, or non-use, of the Content provided by us.
- Intellectual Property
- You acknowledge that Money DNA is the proprietor or authorised licensee of all Intellectual Property Rights in relation to the Website and the Content. You may not reproduce or replicate any part of the Content, the layout or design of the Website nor its functionality.
- Your use of the Website and Content does not provide you with any Intellectual Property Rights therein.
- You acknowledge that the trade marks and logos displayed on the Website, including the marks “Money DNA” is the property of Money DNA or their respective owners and are protected by applicable trade mark and copyright law. You acknowledge that Money DNA owns all copyright in each individual question (and arrangement of such questions) comprising the Quiz.
- to the fullest extent possible, agree to provide Money DNA with a non-exclusive, perpetual, royalty-free licence to use, reproduce, communicate, distribute or otherwise make available on the Website and/or our Social Media Platforms the User Content you upload or submit to Us, for any purpose whatsoever; and
- consent to Money DNA, its licensees and its assignees, dealing with your User Content in any way Money DNA deems appropriate, including for marketing purposes.
- The Website and Content and our Social Media Platforms may include links to other websites not owned or controlled by us (Third Party Websites). Money DNA makes no express or implied representation or warranty or guarantee as to the content, suitability, functionality or accuracy of any Third Party Websites.
- Third Party Websites are subject to the terms and conditions outlined by that third party.
- Any links to Third Party Websites do not:
- indicate a relationship between Money DNA and the third party; or
- indicate any endorsement or sponsorship by Money DNA of the Third Party Website, or the goods or services it provides,
unless specifically indicated by Money DNA.
- Personal Information and Non-Personal Information
- Any non-personal information you upload to the Website or Social Media Platforms, such as questions, comments or suggestions, may not be encrypted and will not be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty-free licence to Money DNA to use, reproduce and modify the non-personal information for any purpose whatsoever.
- Exclusions and Limitations of Liability
- Without limiting clause 1, Money DNA does not warrant or guarantee:
- that the Website, Content or our Social Media Platforms will be free from viruses (including malware or spyware) or other destructive properties; or
- that access to, or the operation of, the Website, Content or our Social Media Platforms will be uninterrupted or error free.
- Money DNA is not liable for, nor will you have any remedy or entitlement to make a claim (whether contractual, tortuous or otherwise) in respect of any Loss or Claim:
- in consequence of, or resulting directly or indirectly out of the use or reliance upon, the Website, the Content or our Social Media Platforms;
- relating to viruses or any technologically harmful matter that may infect your computer or device which you use to access the Website or our Social Media Platforms;
- for special, indirect, incidental or consequential damages, losses, costs, or expenses.
- You agree and warrant that all information that you provide to Money DNA about yourself, including your contact details, personal details and username is true, accurate, current and complete and that you will notify Money DNA of any changes to that information in a timely fashion.
- You further agree that you will not:
- provide Money DNA with false, inaccurate or misleading information;
- act fraudulently or in any manner contrary to any applicable law;
- create liability for Money DNA or cause Money DNA to lose (in whole or in part) the services of third party providers.
- Content Amendments
- We may amend, remove, alter or vary any of the Content and User Content on the Website or our Social Media Platforms at any time, without prior notice to you.
- Inability to carry out obligations
- We reserve the right to limit, suspend or terminate your access to:
- the Website or any of its Content, pages and/or our Social Media Platforms at any time and without any prior notice; or
- Subject to the Content Terms and Conditions, you will not be entitled to a refund for any amount paid to Money DNA for any Purchased Content if your access to the Website or our Social Media Platforms, including any Content or Purchased Content, is limited, suspended or terminated in accordance with clause 1.
- Applicable Law
- Money DNA may give notice to you by either direct communication to the email address provided by you or generally by publication of a generic message or communication on a notice board or information link accessible to and found on the Website. You may give notice to us by email at firstname.lastname@example.org.
Content means any content, text, documents, videos, webinars, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sound records, music, artwork, computer code and other material used, displayed or available on the Website or our Social Media Platforms and includes the Quiz, the Quiz Plugin and the Purchased Content.
Content Terms and Conditions means any separate:
- agreement between you and Money DNA in relation to; or
- terms and conditions applicable to,
any Purchased Content.
Disclaimer means the disclaimer available at https://www.moneydna.com.au/disclaimer/.
Intellectual Property means:
- inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
- copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
- trade and service marks (whether registered or unregistered) and domain names;
- confidential information and trade secrets,
including, in particular, any intellectual property vesting in the Website and any Content used, displayed or available on the Website or our Social Media Platforms.
Intellectual Property Rights means any rights as may subsist in the Intellectual Property.
Loss or Claim means, in relation to any person, any damage, loss (including consequential loss), cost, charge, outgoing, payment, expense or liability, including without limitation, lost profits, lost revenue, loss of opportunity, loss of or damage to reputation or goodwill, personal injury, loss of life, accident, harm, incurred or suffered by the person or a claim, action, proceeding or demand made against the person, however arising, and whether present or future, fixed or unascertained, actual or contingent.
Order means the term defined in clause 2.1.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
Purchased Content means Content for which you have paid Money DNA to obtain access pursuant to an Order.
Quiz means the Money DNA Quiz accessible on the Website at https://www.Moneydna.com.au/ quiz/.
Social Media Platforms means any online-based social page, presence, group, community, feed or forum operated or maintained by or on behalf of Money DNA, including but not limited to Facebook Groups, Facebook Pages, Instagram accounts and LinkedIn profiles.
User Content means any text, graphics, photographs, trademarks, logos, artwork and other material uploaded, displayed or made available on the Website or our Social Media Platforms by a user, whether by you or another user.
Website means the website accessed at www.moneydna.com.au