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1 Introduction
This Website is owned by Chaim Moshe Korik in his capacity as trustee for CMK Trust (trading as “OutofBox CFO”). By accessing or using this Website, related services and our platform, you agree to these Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms. In these Terms, 'us', 'we' and 'our' means OutofBox CFO.
1 About OutofBox CFO
(a) OutofBox CFO provides management accounting and virtual chief financial officer services (“Services”).
(b) By viewing our website, you agree to be bound by these Terms.
2 Collection notice
(a) We may collect personal information about you in order to provide you with our Services, respond to your enquiries and for purposes otherwise set out in our Privacy Policy.
(b) We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia.
(c) Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at chaim@outofboxcfo.com.au
(d) By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms
3 Accuracy, completeness and timeliness of information
(a) The information on our Website is general in nature and should not be relied upon.
(b) The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
(c) We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(d) We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date
4 Linked Website
(a) Our Website may contain links to Websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked Websites and have no control over or rights in those linked Websites.
5 Intellectual property rights
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (“Content”).
(b) Your use of this Website, the platform and the Content does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Content. However, we do grant you a licence to access the Website, the platform and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
(c) Any reproduction or redistribution of this Website, the platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
6 Unacceptable activity
(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
(ii) using this Website to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
(iv) posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.
(b) If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
7 Warranties and disclaimers(
a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
(b) We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, the platform or any Content, or restrict you from making an Order, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
8 Liability
(a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
(b) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
9 Collection notice
(a) We collect personal information about you in order to provide you with our services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.
(b) We may disclose that information to third parties that help us deliver our services (including Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, developers and other third parties in order to assist with investigating issues.
(c) Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at chaim@outofboxcfo.com.au
(d) By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
10 Force Majeure
(a) OutofBox CFO will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
(i) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
(ii) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(iii) strikes.
11 How you can contact us
(a) If you have any queries about OutofBox CFO, the content on our website or our services, you are able to submit such queries by contacting us at insert chaim@outofboxcfo.com.au
12 Jurisdiction and governing lawYour use of the Website and these Terms are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.