Terms and Conditions of Split Easy Service

These Terms and Conditions (“Terms”) govern Your (“You” of “Your”) use of www.spliteasy.com.au (“Website”) all other websites and mobile applications owned or operated by Split Easy (“Split Easy” “we” or “us”), and any other websites, applications, features, electronic and other resources offered by Split Easy irrespective of the platform of delivery (“Split Easy Service” or “Service”).

You must read these Terms before using Split Easy.

In using Split Easy, You confirm that You have read and understood these Terms and that You are be bound by them. If You do not accept these Terms, You may not use the Split Easy Service.

You accept, agree and acknowledge:

  1. Split Easy is not a law firm. Your use of the Service does not and will not create a solicitor/client relationship between You and Split Easy;
  2. Split Easy does not and will not provide legal advice of any type;
  3. Split Easy does not stand in the place of nor is the Service a substitute for legal advice;
  4. No part of the Split Easy Service constitutes legal advice;
  5. The Service does not in any way purport to take the place of legal advice;
  6. Split Easy uses an algorithm to suggest a resolution of issues regarding children, and/or a division of assets, financial resources and liabilities between separated partners based on the information provided by You (“Suggested Division”). The Suggested Division may or may not be the same or similar to a division of assets, financial resources and liabilities which a court of competent jurisdiction might make if faced with the same information and the same circumstances. In no way and under no circumstances does Split Easy state, represent or warrant that the Suggested Division is the same or similar to that which a court may make in those circumstances. Whether it is in Your interests to accept the Suggested Division is a decision to be taken solely by You. Ultimate acceptance of that suggestion is solely a decision for You. Split Easy does not recommend that the Suggested Division be accepted by You. Split Easy does not assess whether it is to your advantage or disadvantage to accept or reject the Suggested Division. Split Easy recommends that You obtain independent legal advice before either accepting or rejecting the Suggested Division.
  7. Split Easy is not a financial or taxation advisor. Your use of the Service does not and will not create an advisor/client relationship between You and Split Easy;
  8. Split Easy does not and will not provide financial or taxation advice of any type;
  9. Split Easy does not warrant that the Service stands in the place of or is a substitute for financial or taxation advice;
  10. No part of the Service will create a solicitor/client or advisor/client relationship between You and Split Easy;
  11. Because Your situation is different to everyone else’s situation, no general information or technological tools like Split Easy will be appropriate for every person in every circumstance. Split Easy should not be used as a substitute for competent advice from a suitably qualified professional.  You alone are solely responsible for determining whether any outcome, result or strategy is appropriate or suitable for You based on Your relationship, Your objectives and Your personal and financial situation.  You should consult a suitably qualified professional regarding Your specific legal, tax, financial or investment situation; and
  12. Because of regular changes in the law and because there may be some differences in the law between jurisdictions, Split Easy does not represent or warrant that all of the information on the Website or in the Service is wholly current or accurate.

 

  1. Your Responsibilities.
  2. In order to properly use the Split Easy Service, You are required to give current, accurate information. You have a duty to disclose everything you know, or could reasonably be expected to know about matters we specifically ask about when You use the Service and matters which might affect Your answers to those questions.

    Any incorrect or incomplete information You give to us can result in an inaccurate and ultimately unsatisfactory user experience.

    When using the Service You will provide certain personal information which we use only for the purpose of providing the Split Easy Service for You. You acknowledge that such information may be shared with Your spouse. The information will be used in accordance with Split Easy’s Privacy Policy.

    You agree that You will at all times:

    1. Provide accurate, current and complete information;
    2. Where necessary, correct and update such information so as to ensure that it is accurate, current, and complete;
    3. Not knowingly withhold from us information that is or is likely to be relevant to your circumstances.

    You acknowledge:

    1. That the quality, reliability and accuracy of the information that You provide to Split Easy has a direct link to the suggested outcome provided by the Service.
    2. That if You fail or neglect to provide full and comprehensive information in respect to every act, fact, matter, circumstance or thing requested by the Service or You withhold from the Service any information pertaining to those things, the Service may produce a result different to that which may have been produced had that information been properly provided.
    3. That the Service can only properly function with full and accurate disclosure from You.

    All costs associated with using the Split Easy Service including but not limited to all mobile, data, internet or electronic carriage services are Your responsibility and are not included in any fee(s) charged to You by Split Easy for using the Service.

    You must use the Service only for the purpose for which it is intended – that is for suggesting a way of achieving an amicable resolution of family law property and/or children’s issues without recourse to litigation. You must not and You must ensure that nobody else uses the Service or any part of the Service to:

    1. Breach any law, by-law or regulation;
    2. Harass, intimidate, abuse, slander, defame or otherwise act in a manner the effect of which is to harass, intimidate, abuse, slander or defame any other person;
    3. Transmit any false, objectionable, inaccurate or misleading material or information;
    4. Transmit any advertising or promotional material;
    5. Transmit any material that contains viruses, spam mail, malware, spyware or any other damaging material or codes;
    6. Act in any manner contrary to the stated intention of the Service;
    7. Use the Service other than in good faith;
    8. Interfere in any way with the Split Easy Service and the electronic codes and services that provide it.

     

  3. Ownership of Split Easy’s Content; Restrictions on Use.
  4. The content of the Split Easy Service, other than the information provided by You and the “Split Easy” logo and trading name are owned by to Split Easy. All rights including moral rights associated therewith are owned subject to copyright, trademark, and other intellectual property rights and are the exclusive property of Split Easy. You must not reproduce, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Split Easy Service or any portion of the Split Easy Service without the written approval of Split Easy first had and obtained.

    The Split Easy Service is provided for Your personal, non-commercial use only. If You are an accountant or are otherwise authorised by Split Easy to do so (“Authorised Licensee”), You must not use, lease, on-sell, adapt or otherwise use the Service or any part thereof for commercial or financial gain.

    An Authorised Licensee may use the Split Easy Service by registering to do so and paying the requisite fee. An Authorised Licensee must register a new account for each of its clients. By registering a new account on behalf of a client, Authorised Licensee represents and warrants to Split Easy that:

    1. it holds all necessary permissions and authorities to do so;
    2. it has provided to its client and the client has acknowledged receiving from it a copy of these Terms and the Privacy Policy; and
    3. it understands and accepts that Split Easy may in its absolute discretion suspend, withdraw, revoke or cancel an Authorised Licensee’s permission to use the Service if Split Easy believes that this or any other provision of these Terms has been, is or may in the future be breached.

     

  5. Information Submitted.
  6. In using Split Easy You will be asked to provide sensitive and personal information (“Personal Information”). You grant to Split Easy its affiliates, partners, and representatives, a non-exclusive license to use that information for such purposes and in such manner as Split Easy, its affiliates, partners, and representatives may determine. You must not and must ensure that nobody on Your behalf brings or makes any cause, suit, action, claim or demand in respect to or arising out of the use, misuse or non-use of the Personal Information.

    You acknowledge and agree that if You do not submit all necessary information to Split Easy the Service may not function to it optimum capacity a consequence of which may be that it may produce a distorted result.

     

  7. Termination
  8. Split Easy may in its sole discretion terminate Your access to all or part of the Split Easy Service at any time and for any reason, with or without notice. Any fee paid by You to that point will be forfeited to and thereupon becomes the sole and exclusive property of Split Easy. You shall not make or bring any claim, suit, action or demand in respect to the termination and/or the forfeited fee.

     

  9. Modifications to Split Easy Service.
  10. Split Easy may alter or end the Service at any time without notice. You shall not make or bring any claim, suit, action or demand in respect to the alteration or ending of the Service.

     

  11. Third Party Information.
  12. The Service may contain links to on-line resources that are not owned or controlled by Split Easy (“Third Party Information”).

    The provision by Split Easy of a link or other reference to Third Party Information is for Your convenience and so as to compliment Your use of the Service. Split Easy:

    1. Is not connected to and does not have any financial or other interest in the Third Party Information;
    2. does not represent or warrant that the material on or from the Third Party Information is true, correct, accurate or that it is fit for the purpose for which it purports to be provided;
    3. does not in any way support or endorse the views, expressions, opinions or representations made in or found on the Third Party Information;
    4. Split Easy is not responsible for any adverse consequences arising from or in respect to Your use of Third Party Information.

     

  13. Disclaimer of Warranties.
  14. You accept, agree and acknowledge that:

    1. You use Split Easy at Your own risk. Any legal or financial consequences arising from or associated with Your use of Split Easy are Your responsibility and You will not make or bring any claim, suit, action or demand in respect to outcomes arising from or in respect to Your use of the Service;
    2. All conditions, warranties and guarantees other than those expressly provided for in these terms and conditions or otherwise implied by law are excluded to the fullest extent permitted by law;
    3. Split Easy makes no representation or gives no warranty that the Service will meet Your requirements or that the results that may be obtained from use of the Service will be accurate or reliable;
    4. While Split Easy will use due care and skill in relation to the provision of the Service, Split Easy does not warrant or guarantee that the Service will be free from errors or omissions, or that it will be provided to You by or within a particular time;
    5. If Split Easy fails to comply with a statutory guarantee that applies to Split Easy under consumer protection laws, we may limit our liability for that failure (where it is fair and reasonable for us to do so) to either of the following (at our option):
      1. Supply of the Service again free of charge; or
      2. Paying to You the cost of having the Service provided to You again;
    6. Split Easy accepts no liability for any failure or delay in providing the Service for matters outside Split Easy’s reasonable control or to the extent that it is caused by You or to the extent that it arises from Your failure to use the Service correctly or to take reasonable steps to avoid or minimise Your loss; and
    7. Split Easy is not and shall not be held liable for any loss arising out of or connected with any:
    1. errors, mistakes or inaccuracies of content or confidentiality;
    2. personal injury or property damage, of any nature whatsoever, resulting from access to or use of the Split Easy Service;
    3. unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions and Personal Information);
    4. publication of Your Personal Information by any third party;
    5. interruption to the Split Easy Service;
    6. any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Split Easy Service by any third party; and/or
    7. loss or damage of any kind incurred as a result of the use of any content provided by or to You through the Split Easy Service.

     

  15. Exclusions and Limitations.
  16. To the extent that Split Easy is unable by law to exclude any warranties or to exclude any liability, the scope and duration of such warranty and the extent of Split Easy’s liability shall be the minimum permitted under such law.

     

  17. Indemnity
  18. You agree to indemnify Split Easy, its associated companies, officers, directors, employees, consultants, and agents (“Indemnified Parties”) against all claims demands damages costs penalties suits and liabilities of any nature caused directly or indirectly by:

    1. Your act or omission;
    2. any information You submit, post or transmit on or through the Split Easy Service or otherwise provide to us;
    3. Your breach of these Terms or any other terms; or
    4. the breach by You of any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by You.

    If You are an Authorised Licensee, You also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims actions, suits or demands made against You, Your associated entities, Your employees, servants or agents by Your clients. You agree that Split Easy shall not and cannot be compelled to be a witness to or a party to any such claim, suit, action or demand.

     

  19. Jurisdiction
  20. These Terms are governed by and the parties submit to the non-exclusive jurisdiction of the laws of the State of Victoria.

    Split Easy does not represent or warrant that the Service, or any part of it, is appropriate or available for use in every jurisdiction. At all times You remain solely liable and responsible for complying with all laws and regulations irrespective of Your geographical location. Split Easy recommends that You obtain independent legal advice.  

     

  21. Interpretation
    1. These Terms embody the whole agreement between You and us. There are no statements, communications or representations made by us to you that are not included in these Terms.
    2. These Terms govern Your use of the Split Easy Service.
    3. The failure of Split Easy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    4. If for any reason any provision of these Terms is found to be unenforceable, that provision may be severed and the remaining provisions shall continue to apply unaltered and in full force and effect.
    5. Headings are provided for convenience only and have no legal or contractual effect.

     

  22. Modification or alteration of Terms.
  23. Split Easy may in its absolute discretion modify, alter, add to or remove any of these Terms from time to time. If You object such changes, You must cease using the Split Easy Service and your sole recourse shall be to cease using the Split Easy Service. No monies will be refunded to you thereafter.