1. Introduction

1.1 Welcome to the Women in Focus Community website owned by the Commonwealth Bank of Australia (the “Community website”). The Community website is designed to give you access to information to help grow both you and your business, create a marketplace for you to promote your business and put you in contact with other like-minded women. We will do this by sharing the successes of inspirational business women, giving you the right to access downloads, support, white papers, marketing materials and other content, and permit you to post and upload certain designated types of content and interact with us and others. While we want you to enjoy the experience of visiting our Community website, we also want you to understand the terms to which you agree when visiting. References to “we” or “us” or “the Bank” herein refer to the Commonwealth Bank Group, as well as service providers and designees as deemed appropriate by us.

2. Compliance with Terms

2.1 By accessing the Community website, you agree to these Terms of Use (including the privacy provisions contained in clause 4) as well as other legal notices, terms and policies contained on the Community website (together referred to as “Terms”), all of which are expressly incorporated herein by reference.

2.2 You agree to use the Community website only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Community website) or you are a “Member” (which means you have registered with us on the Community website). The term “User” means a “Visitor” or a “Member”. Please read and save all of the Terms. If you do not agree with the Terms, do not use the Community website or any of its features. If you register to become a Member you will be required to indicate your acceptance to these Terms during the registration process.

3. Amendment of Terms

3.1 We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Community website. Any subsequent access to, or use by you, of the Community website after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Community website, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Community website. The Terms are the entire agreement between you and the Bank with respect to your use of the Community website.

*4. Registration Information *

4.1 By registering to become a Member you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You agree not to register under the name of another person or impersonate another person, including any other User, moderator, public figure, or Bank employee.

4.2 If you are under 18, you may use the Community website but only with the prior consent of a parent or guardian.

4.3 You do not need to be a Bank customer to register or participate in the Community website. However, you must be registered before you may provide content for inclusion in the Community website.

4.4 By registering to become a Member, you agree that the Bank may contact you about: your profile or any content you post on the Community website; our events; and for other administrative purposes related to the Community website.Privacy

4.5 What information we collect
We collect information about you (such as your name, address and contact details), and information about your interactions with us. We may also collect publicly available information about you.

4.6 Why we collect your information and what we use it for
We collect your information so we can provide you with ‘Member’ access to the Community website, administer our relationship with you and tell you about products and services that may interest you (unless you tell us not to). If you don’t want to receive marketing information you can tell us by calling 13 2221. If you do not provide the requested information we are unable to provide you with ‘Member’ access to the Community website.If you give us your electronic and telephone details, you agree we may use this to communicate with you electronically, by phone or SMS, including providing updates, reminders and (unless you tell us not to) marketing information.

4.7 Who we may exchange your information with
We may exchange your information with other members of the Group who may use your information for any of the purposes we can. We may also exchange your information with others outside the Group, for example, our service providers and government authorities.It will be necessary to send your information to our IT service provider in the United States, and to the hosted data centre in Holland. See our Group Privacy Policy for more information.

4.8 Our Group Privacy Policy
Our Group Privacy Policy is available on our website at commbank.com.au (follow the Privacy Policy link) or upon request from any branch of the Bank and should be read in conjunction with the above. It contains further details about our information collection and handling practices including information about:

  • other ways we may collect, use or exchange your information
  • how you may access and seek correction of the information
  • how to make a complaint about a breach of your privacy rights, and our complaint handling procedures.

We encourage you to check our website regularly for any updates to the Policy.

4.9 How to contact us
For privacy-related enquiries, please contact us by:

  • email at CustomerRelations@cba.com.au
  • telephone 1800 805 605, or
  • writing to the address in our Group Privacy Policy.

5. Termination of Registration

5.1 You may terminate your Registration at any time, for any or no reason, by contacting the Bank and notifying us of your desire to terminate the Registration. We may terminate your Registration at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Registration is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Community website as a Member will terminate. The Bank may discontinue the Community website without notice at anytime.

6. Profile Creation and Passwords

6.1 When you register to become a Member, you will be asked to choose a user name and password. Your user name must be your real name, be professional, not be vulgar or violate the rights of others. We may reject a user name that we determine, in our reasonable discretion, to be inappropriate for use on the Community website. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Community website. You must notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.

6.2 Your profile picture must depict you and no one else, be professional and courteous in nature. You must have obtained all necessary authorisations and approvals to use and display the profile picture on the Community website.

7. Your Use of the Site

7.1 Users have a non-transferable, non-exclusive license to access the Community website, to view information, and to interact with the Community. You agree not to use the Community website for any unlawful purpose. Additionally, you will not in any way access, use, or copy any portion of the Community website or its features to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the Bank’s products and services or to disparage the Bank or its products or services. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Community or any portion thereof or use it in any manner not expressly authorised by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Community website. Tampering with the Community website, misrepresenting the identity or age of a user or conducting fraudulent activities on the Community website are prohibited.

7.2 All Users must comply with all applicable laws. If a User chooses to access the Community website outside of Australia, the User is responsible for compliance with all applicable foreign and local laws.

8. User Content

8.1 You may upload content for display on the Community website at our discretion. This may be in the form of responses to blog posts, articles or stories, participation in support forums or other discussion threads, replies to questions or the suggestion of ideas. If we allow you the opportunity to upload content to the Community website, please choose carefully the information you post.

8.2 Your content may not include any form of content that is contrary to the purpose of the Community website. You must not post content which is or which is likely to be:(a) in breach of any laws;(b) in breach of the intellectual property rights or moral rights of any person;(c) in breach of any obligations of privacy or confidence;(d) defamatory or any person;(e) abusive, obscene, offensive, pornographic or indecent;(f) harassing, threatening, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;(g) affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or(h) false, misleading or deceptive.Information, materials, products or services provided by other Users (for instance, in their profile or displayed in the Community website in areas in which users can post content) may, in whole or in part, be unauthorised, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. Your use of the Community website and its content is at your own risk. If you become aware of the misuse of the Community website or its features by any person, please click on the “Contact Us” link in the footer or through the Report Abuse button on the page of the post and follow the directions as to how to contact us.

8.3 We reserve the right, in our sole discretion, to reject, refuse to post, edit, or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Community website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Community website if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.

9. Proprietary Rights

9.1 The Bank does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Community website (if applicable). After posting your Content, you continue to retain any such rights that you may have in your Content, subject to the license herein.

9.2 By displaying, publishing or uploading Content on the Community website, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to the Bank an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Community website for any reason and in connection with advertising and promoting the Community website (including, for example, through screen shots and blogs) and/or our products in any media formats and through any media channels, including social media channels, now existing or developed in the future. From time to time, we may remove Content from the Community website, permanently or temporarily, or edit Content contained on the Community website, provided that even if we do remove or edit such Content, we shall have no obligation to cease our other uses of the Content as permitted above.

9.3 You represent and warrant that: (i) you own the Content posted by you on or through the Community website or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Community website does not violate intellectual property or any other rights, for example privacy rights, of any person or entity.. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you. You agree to indemnify the Bank against any action, claim or proceedings alleging that the Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by the Bank in connection with the foregoing.

9.4 The Community website may contain Content provided by the Bank (including third party content posted or displayed by the Bank and not by a User), including, without limitation, text, images, videos and logos (“Bank Content”). Bank Content is protected by copyright, trademark, and other laws, and, as between you and the Bank, the Bank owns and retains all rights in the Bank Content and the features and functionality of the Community website. The Bank hereby grants you a limited, revocable, non-sublicensable, non-transferable right to reproduce and display the Bank Content (excluding any software code) solely for your personal use in connection with viewing the Community website. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Community website. Your rights with respect to any Bank Content included in a Bank product or service covered by a separate license agreement will be as set forth in such agreement. Content Posted

9.5 The Bank may reject, refuse to post, edit or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of the Bank violates the Terms, including our Privacy Policy Statement. We assume no responsibility for monitoring the Community website for inappropriate Content or conduct. If at any time the Bank chooses, in its sole discretion, to monitor the Community website, we assume no responsibility for the Content on the website, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

9.6 You are solely responsible for your use of the Community website, the Content that you post on or through the Community website, and any material or information that you transmit to other Users and for your interactions with other Users.

10. Marketplace

10.1 Submitting an Offer
Only members of the Community website may post an offer on the Community website. The Bank has the right to review and reject any offer on the Community website. Offer owners may remove an offer at any time. The Bank accepts no responsibility for the performance, financial or otherwise of an offer. All offer payments must be made directly to the owner of the offer. The Bank accepts no payment for offers.

10.2 Accepting an Offer
All Community members can take up an offer. Any offers provided on the Community website are for convenience only. Under no circumstances is the Bank endorsing or providing any form of warranty for the products or services being offered. All members who redeem an offer must abide by the rules governing the offer and follow any redemption instructions. All payments for offers must be made directly to the owner of the offer. The Bank accepts no responsibility for the availability of an offer or for any products or services procured via an offer.

11. Confidentiality

11.1 Any communication or material sent by you to the website by electronic mail or otherwise, including without limitation any data, questions, comments or suggestions, are and will be treated as non-confidential. We will comply with our obligations under the Privacy Act 1988. You should not send any sensitive information (for example, information about an individual’s religion, sexual preference or professional organisation membership).

12. Disclaimers*

12.1 The Bank is not responsible for and makes no warranties, express or implied, as to any content on the Community website, including, without limitation with respect to the accuracy, completeness and reliability of any content procured by the Bank from a third party, User Content or other Content posted on or through the Community website. The User Content and content procured by the Bank from a third party does not reflect the opinions or policies of the Bank. Profiles and third party applications created and posted by Members may contain links to other websites. The Bank is not responsible for the content, accuracy or opinions expressed on such websites. The Bank does not investigate, monitor or check the accuracy or completeness of information contained on these sites. Inclusion of any linked website on the Community website does not imply approval or endorsement of the linked website by the Bank. When you access these third party sites, you do so at your own risk. The Bank takes no responsibility for third party advertisements or third party applications that are posted on or through the Community website, nor does it take any responsibility for the goods or services provided by its advertisers. The Bank is not responsible for the conduct, whether online or offline, of any User of the Community website. In view of the above, you should do your own research and think carefully before acting on any information contained on the Community website or any linked website. If you have any concerns, you should seek your own financial, legal or taxation advice.

12.2 The Bank assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. The Bank is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any portion of the Community website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Community website. Under no circumstances shall the Bank be responsible for any loss or damage resulting from use of the Community website, attendance at a Bank event, from any User Content posted on or through the Community website, or from the conduct of any Users, whether online or offline. Additionally, the Bank shall have no liability for any viruses or anything beyond the Bank’s control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Community website. We will not be liable to you if you are unable to access Content or other materials through the Community website.

12.3 The Community website is provided “as-is” and as available. The Bank does not warrant that features and functions of the website will be available uninterrupted or error free, that defects will be corrected in timely fashion or at all, or that the website will be free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements. The Bank cannot guarantee and does not promise any specific results from use of the Community website.

13. Limitations of Our Liability

13.1 Our liability under this agreement is subject to any applicable contrary provisions in the Australian Securities and Investment Commission Act 2001 and Competition and Consumer Act 2010.

13.2 Subject to clause 13.1, in no event shall we be liable for any damage, claim or loss incurred by you in connection with or arising from your use of the Community website, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in this agreement are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred dollars ($100).

14. Our Service Providers

14.1We may use one or more third party service providers to design and/or operate parts of the Community website. In such cases, each such service provider is also included in the Terms “we” and “us” for purposes of the Terms.

15 Indemnification

15.1 You agree to indemnify and hold the Bank and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable legal fees, due or relating to or arising out of your use of the Community website in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

16. Miscellaneous*

16.1 This Agreement is governed by the laws of New South Wales. You submit to the jurisdiction of the courts of New South Wales, Australia.

16.2 We may assign the Terms, in whole or in part, to a related entity or to a third party we consider appropriate provided that you then have and may exercise the same rights against the assignee as you have against us.

16.3 The Terms constitute the entire agreement between you and the Bank regarding the use of the Community website and its Content, services and features.

16.4 The failure of the Bank to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. All waivers and amendments must be in writing signed by both you and the Bank.

16.5 The section titles in the Terms are for convenience only and have no legal or contractual effect.

16.6 The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

16.7 You agree that where the Bank is required by law or otherwise to provide you with a document, you consent to the provision of that document electronically. We recommend you print a copy of the document, or file it electronically, for future reference.