Thank you for visiting a Foresters website. This website is provided to users for the general information only. If any provision of these Terms & Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms & Conditions will have full force and effect. Throughout this site, the terms “we”, “us”, “our” and “Foresters” refer to Foresters Financial.
Please read the Terms & Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms & Conditions set out below. If there is any discrepancy or difference between material on this website and material contained in any written publication, form, or agreement of Foresters then the written version prevails. If any of these Terms & Conditions are held by a court to be invalid, then the invalid Terms & Conditions shall be excised and the remaining Terms & Conditions shall continue in full force and effect. A failure by us to pursue any legal right against a user does not constitute a waiver by us of that right.
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and any new Terms & Conditions.
These Terms & Conditions are governed by and construed according to the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts in Victoria in matters concerning the website use. Foresters’ products are only available to Australian Residents.
If you have any questions or queries in relation to this website or these Terms & Conditions, please contact us (our contact details are set out on our Contact Us page).
We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time. Any indemnities given by you and limitations on our liability will survive such termination. Any termination of your right to use or access any part of this website will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.
You agree to destroy any copies, electronic and printed, or any material obtained from this website that you have in your possession or control or otherwise return or dispose of such material as directed by Foresters.
Foresters’ web servers (and our feedback forms on the web) gather your IP address to help diagnose problems with our service, to administer our website, and to gather broad user information (for example, which areas of our website are visited most frequently.
Foresters may at any time change, vary, amend, alter or withdraw these Terms & Conditions. It is your responsibility to review and consider the Terms & Conditions every time you use this website. Links to Third Party Sites Links to third party sites are provided for convenience only and do not imply any association with, endorsement, or approval of the third party site, or the contents of the third party site, or the people who operate the third party site.
Links on the Foresters websites may take you outside the Foresters network to third party websites and Foresters makes no representations and accepts no responsibility for the content, accuracy or function of these other websites. Any access to or use of a third party site is at your discretion and at your own risk. The inclusion of any link to other websites does not imply endorsement by Foresters. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
You must not create a link to any part of this website, unless expressly permitted on this website, other than solely for your own personal/domestic, informational or non-commercial purposes, without our prior written consent.
Information sent by you to us through this website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information, and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.
You are prohibited from doing any act that Foresters, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, ordinances, rules, regulations, codes and codes of all regulatory bodies applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
- Using this website for any illegal activity or in a way which defames, libel, harasses, threatens, offends any person, or inhibits or restricts the use of the website by any other person Foresters, its employees or other individuals or acting in such a way that brings into disrepute the good name of Foresters;
- Using another person’s name, user name or password to access the website or receive services offered by Foresters;
- Using the website to make any false statement request or claim to Foresters;
- Uploading files that contain viruses that may cause damage to the property of Foresters or the property of other individuals; and
- Indemnifying and keeping indemnified Foresters against all liabilities, damages, claims, losses, costs and expenses which Foresters may incur to you or any other person as a result of your breach of the provisions of these terms.
Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, or will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Foresters and may be reproduced, published, modified, adapted or transmitted, without restriction and free of charge, subject to the Foresters’ Privacy Statement for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you.
Furthermore, Foresters is free to use for any purposes whatsoever (including but not limited to the developing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without reference or compensation to you. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Foresters’ use will not violate any third party’s rights. Foresters is under no obligation to use the information submitted.
Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate web site, such as Cookie Central.
Intellectual Property Rights
Unless otherwise indicated, all copyright and other intellectual property rights in all information, data, text, graphics, images, logos, trademarks and other materials on this website are the property of Foresters or are included with the permission of the relevant owner.
You must not use any trademarks, logos or photos which appear or are used on this website, nor do anything to prejudice the rights of the owner or licensee of such trademarks or logos. Nothing contained on this website should be construed as granting any licence or right to use any trade mark displayed on this website. Your use/misuse of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms & Conditions, is strictly prohibited. Foresters reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.
Warranties and Disclaimers
Your use of this website is exclusively at your own risk.
This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, Foresters gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be un-interrupted or error-free; that this website will be secure; that any advice or opinion obtained from Foresters through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
To the extent permitted by law, we, including each of our respective officers, employees, agents, contractors, or agents, will not be liable or accept any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities whatsoever arising out of or relating to your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic correspondence or messages you send us, or your reliance upon information contained upon this website.
To the extent permitted by law, Foresters does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Foresters shall have no liability or any responsibility whatsoever for any loss suffered caused (whether negligently or otherwise) by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Foresters is entitled to do so, its liability will be limited at its option to the lowest of the cost of supplying the services again and having the services supplied.
Any material on the website should not be used for a commercial purpose, or copy, reproduce, transmit, distribute, link to, frame, adapt, alter, vary or modify any material on the website except as expressly authorised by these terms or with the written consent of Foresters but if you are an internet service provider, you may supply materials on this website to your subscriber.