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Terms of use

TERMS AND CONDITIONS FOR THE SMALL BUSINESS HUB

About this web site

This is a web site operated and managed by Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) ("ANZ") under the domain name "www.www.thesbhub.com.au" ("The Small Business Hub"). The Small Business Hub is operated on behalf of ANZ and its related bodies corporate (together called the "ANZ Group"). All references in the Terms and Conditions to ANZ include a reference to the ANZ Group and its and their authorised agents or service providers.

"You" in these Terms and Conditions refers to an ANZ customer who is registered with ANZ to use The Small Business Hub.

Your Use of The Small Business Hub

You confirm that you are an ANZ customer that has been invited by ANZ to register for authorised access to The Small Business Hub.

You agree to be fully responsible and liable for your use of The Small Business Hub, and for any use of your login ID and password by any other person.

You agree that you are bound by these Terms and Conditions when you register to use The Small Business Hub and each time you participate in, The Small Business Hub.

Your access to The Small Business Hub may be terminated or suspended at any time by ANZ without notice to You and You will no longer be authorised to access The Small Business Hub. All disclaimers and limitations of liability by ANZ will survive termination or suspension however, You will no longer be authorised to access The Small Business Hub. ANZ also has the right to remove or edit any material posted [by ANZ and/or You] on The Small Business Hub at any time and without notice to anyone.

Members must not use The Small Business Hub in any way which in ANZ's reasonable opinion:

• Is or could be defamatory

• Uses trademarks, logos, slogans, company names, get up, copyrighted material or brands of any third party

• places advertising or promotional material, or supports branded products

• includes phone numbers, addresses, hyperlinks, URL addresses, account or PIN numbers

• is provocative, violent, offensive, obscene or indecent

• promotes bigotry, racism, hatred, profanity or obscenities

• is culturally or socially insensitive images

• contains opinions or beliefs of political groups, religious groups or socially unacceptable groups

• contains content which does not or may not comply with any rules, regulations or laws to which the images are subject

• contains content not acceptable for persons under 18 years old

• is in any way for any reason whatsoever, inappropriate for display on The Small Business Hub

Postings, Sending Messages, and Profiles

All information and material that a Member places on The Small Business Hub may be viewed by anyone who has authorised access to The Small Business Hub. ANZ has the right to edit or remove such material in its own discretion.

A posting, message or profile in The Small Business Hub expresses the views of the Member who made the posting, message or profile and not those of ANZ.

While ANZ will monitor the material on the website for compliance with the Terms and Conditions, ANZ does not endorse or guarantee the accuracy of any information in a posting, message or profile and is not responsible for any material posted on The Small Business Hub.

Members rely on information in a posting, message or profile at their own risk. ANZ suggests that you seek independent advice or verification before relying on any information posted on the website.

Passwords

Members must keep their login ID and password safe and secure from unauthorised use and disclosure.

You are fully responsible for any use of The Small Business Hub by anyone using your logon ID and password, even if that use is by an unauthorized person. You agree to fully indemnify ANZ against any loss it may suffer directly or indirectly as a result of your use of The Small Business Hub or any unauthorised use of your logon ID or password.

Notwithstanding this indemnity, ANZ retains the right to assume the conduct of any defence to a claim brought against us, and you agree to provide all reasonable cooperation (including by making relevant documents available) that we may require from you.

Links to other web sites

The Small Business Hub may from time to time contain links to other web sites operated by third parties ("Third Party Web Sites"). ANZ does not necessarily endorse, or necessarily approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, ANZ makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

• that Third Party Material does not infringe the intellectual property rights of any person. ANZ is not authorising the reproduction of Third Party Material by linking material on this web site to Third Party Material.

Links from The Small Business Hub may lead to material at a Third Party Web Site which may be displayed in your browser and framed by material on this web site. This material is also Third Party Material for the purpose of these Terms and Conditions.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on The Small Business Hub, such offers and statements are made by ANZ. ANZ expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

ANZ may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from The Small Business Hub.

Disclaimers

The information provided on this site is by ANZ and it is intended as general information only and is current as at October 2008. The information is based on information and sources ANZ believes to be reliable. The information is in summary form and does not purport to be complete and is not a substitute for professional advice. Examples are used for illustration purposes only and are not intended as advice. The information does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you. When considering financial products, you should read the Product Disclosure Statement and/or Policy before deciding to acquire or hold the product. ANZ recommends that you seek independent legal, financial and/or taxation advice, which takes into account your individual circumstances, before considering or acting on this material further. To the extent permitted by law, ANZ disclaims liability or responsibility to any person for any direct or indirect loss or damage that may result from any act or omission by any person in relation to these statements.

ANZ cannot guarantee that access to The Small Business Hub will be error free or uninterrupted.

Limitation of Liability

Subject to any obligations implied by law and which cannot be excluded, ANZ has no liability to you whatsoever for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) arising out of or referable to material on The SB Hub Web Site or to Third Party Material, whether such liability arises in contract, tort including negligence, statute or otherwise.

The liability of ANZ for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ANZ's option, to:

• the supply of the goods or services again;

• the repair of the goods; or

• the payment of the cost of having the goods or services supplied again or repaired.

Termination or Suspension

These terms and conditions (and the agreement constituted by your use of the information, graphics and materials on The SB Hub Web Site) and your access to The SB Hub Web Site may be terminated or suspended at any time by ANZ without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the ANZ will survive termination, however, you will no longer be authorised to access The SB Hub Web Site.

Jurisdiction

The law applicable to use of The Small Business Hub is the law of the State of Victoria, Australia.

Copyright and Trademarks

Except where necessary for viewing the material on the website on your browser, or as expressly permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of ANZ.

"ANZ", and all associated trademarks, are trademarks of Australia and New Zealand Banking Group Limited.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of The SB Hub Web Site indicates acceptance of these terms and conditions, the Privacy and Security Statement and the Forum Rules.

These are the current terms and conditions. ANZ may at any time vary these terms and conditions by publishing the varied terms and conditions on The SB Hub Web Site. You accept that by doing this, ANZ is deemed to have provided you with sufficient notice of the variation.

ANZ reserves any rights not expressly granted in these terms and conditions.

Forum Rules

1. These are the Forum Rules for The Small Business Hub operated and managed by Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) ("ANZ") under the domain name "www.www.thesbhub.com.au" ("The Small Business Hub"). The Small Business Hub is operated on behalf of ANZ and its related bodies corporate (together called the "ANZ Group"). All references in the Terms and Conditions to ANZ include a reference to the ANZ Group and its and their authorised agents or service providers. All people who access and use this website ("Members") are bound by the Terms and Conditions.

2. Discussions on The Small Business Hub are monitored daily by ANZ or its agents. Any material posted on this website that does not comply with the Forum Rules or the Terms and Conditions, will be edited or removed, without notice to the person who posted the material.

Unacceptable Topics

1. Members are not permitted to post material that is of the following nature, and that material will be removed if, in the reasonable opinion of ANZ, the material:

• is or could be defamatory

• uses trademarks, logos, slogans, company names, get up, copyrighted material or brands of any third party

• places advertising or promotional material, or supports branded products

• includes phone numbers, addresses, hyperlinks, URL addresses, account or PIN numbers

• is provocative, violent, offensive, obscene or indecent

• promotes bigotry, racism, hatred, profanity or obscenities

• is culturally or socially insensitive

• contains opinions or beliefs of political groups, religious groups or socially unacceptable groups

• contains content which does not or may not comply with of any rules, regulations or laws

• contains content not acceptable for persons under 18 years old

• is in any way for any reason whatsoever, inappropriate for display on The Small Business Hub

2. The automated character limit is set at 3000 characters.

3. Posting of names, email/addresses, phone numbers and personal website addresses/directions/usernames is not permitted.

4. The Members using the website have been invited to join The Small Business Hub. All material posted by Members expresses the view of the Member who posted the material. They are not the opinions of ANZ.

Security and Passwords

5. The Small Business Hub is a password protected website. Members must not allow any other person to use their login ID and password and must keep their login ID and password secure at all times. If anyone uses a Member's logon ID and password, the Member will be responsible for any information posted on The Small Business Hub by that other person, even if the person gained access without the Member's knowledge or consent. The Member will be held liable for any breach of the Forum Rules or the Terms and Conditions, including possible legal liability for any use of The Small Business Hub.

6. Members are fully responsible for any use of The Small Business Hub by anyone using their logon ID and password, even if that use is by an unauthorized person.

7. ANZ may, from time to time, place links or other information on The Small Business Hub, which helps Members gain access to general information about small business. Members themselves are not however permitted to place any advertising, company or business contact details or sponsorship information on the website.

8. If Members wish to communicate directly with ANZ, they should include their query in the "ANZ Message Mailbox" and ANZ will aim to respond within 5 working days of the query being received by ANZ.