Legal
Terms of Use
These Terms of Use govern your access to and use of this website and the financial health check (together, the “Service”), operated by financialhealthcheck.com.au Pty Limited, ABN 37 698 988 331 (“we”, “us”, “our”). By accessing or using the Service you agree to these terms. If you do not agree, please do not use the Service.
1. The Service
The Service provides a free, automated indicator of business financial health based on the answers you provide, together with general information and, where you request it, introductions to professionals. It is a general-information tool only. It is not financial, legal, accounting, taxation or insolvency advice, not an audit, and not a determination of solvency. Our Disclaimer forms part of these terms.
2. Eligibility
The Service is intended for business owners, directors and their advisers in Australia who are at least 18 years old. By using it you confirm you meet these requirements and that any information you submit on behalf of a business, you are authorised to provide.
3. Your results
Your score, findings and recommendations are generated automatically and depend entirely on the accuracy and completeness of the information you enter. Benchmarks and comparisons are general and indicative only. Results may change as your inputs change and should not be relied on as a substitute for professional advice.
4. Referrals and introductions
Where you ask us to, we may introduce you to professionals relevant to your situation. Some of those professionals or practices have a commercial relationship with us, and some introductions may involve a referral fee. One practice to which you may be referred is the insolvency practice associated with the operator of this website, who is a Registered Liquidator. You are never obliged to use a professional we suggest and remain free to obtain independent advice of your own choosing. Any referral fee or relationship that could affect independence will be disclosed to you at the time of introduction. Nothing on the Service is a solicitation for a formal insolvency appointment.
5. No professional relationship
Using the Service does not create any client, advisory, fiduciary or other professional relationship between you and us, our operator, or any professional in our network. No engagement arises unless and until separately agreed in writing with the relevant professional.
6. Your responsibilities and acceptable use
You agree to provide accurate information and to use the Service only for lawful purposes. You must not:
• use the Service in any way that breaches any law or regulation, or infringes the rights of others;
• interfere with or disrupt the Service, its security, or its underlying infrastructure;
• attempt to gain unauthorised access to any part of the Service or its data;
• scrape, harvest, copy or systematically extract content or data from the Service;
• reverse engineer, decompile or attempt to derive the scoring logic or source code, except to the extent permitted by law;
• use the Service to transmit malware or to send unsolicited communications.
7. Intellectual property
All content, design, branding, text, graphics, the scoring methodology and the software comprising the Service are owned by us or our licensors and are protected by intellectual-property laws. You may use the Service and your own results for your internal business purposes. You may not otherwise reproduce, distribute, modify or create derivative works from the Service without our prior written consent. The report we provide is for your own use; you may share your own report as you see fit.
8. Third-party links and services
The Service may link to or rely on third-party websites and services. We do not control and are not responsible for their content, availability, accuracy or practices. Accessing them is at your own risk and subject to their own terms.
9. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these terms. By using the Service you acknowledge that policy.
10. Disclaimers and limitation of liability
The Service is provided “as is” and “as available”, without warranties of any kind to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that results will be accurate or fit for any particular purpose. To the maximum extent permitted by law, we and our operator are not liable for any loss or damage (including indirect or consequential loss) arising from your use of, or reliance on, the Service, the report, or any referral. Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law or other rights that cannot lawfully be excluded; where our liability cannot be excluded but can be limited, it is limited to re-supplying the Service.
11. Indemnity
You agree to indemnify us against any claim, loss or expense arising from your breach of these terms, your misuse of the Service, or your provision of inaccurate or unlawful information.
12. Suspension and changes to the Service
We may change, suspend or discontinue any part of the Service at any time without notice. We are not liable to you for doing so.
13. Changes to these terms
We may update these terms from time to time. The current version is always available on this page, and the effective date above shows when it was last revised. Continued use of the Service after a change means you accept the updated terms.
14. Governing law
These terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of the courts of Australia.
15. Contact
Questions about these terms: hello@financialhealthcheck.com.au