Commonwealth Bank Support Community - Terms & conditions
References to “us”, “we” or “our” are references to Commonwealth Bank ABN 48 123 123 124 Australian credit licence 234945 (”CommBank”).
About the Support Community
- The Support Community (“Support Community”) is a forum where members may, subject to these terms and conditions, discuss issues in a free and open manner and share support answers and discuss our products and services, which may be viewed by both members and non-members of Support Community.
- While we want you to enjoy the experience of visiting Support Community, we also want you to understand these terms and conditions to which you agree when visiting.
- By accessing Support Community, you agree to the Community Guidelines and these terms and conditions. You acknowledge and agree that the legal notices, terms and policies contained on our website (together with the Community Guidelines and these terms and conditions, are referred to as “Terms”), are incorporated by reference into these terms and conditions. We may amend the Terms from time to time in accordance with clause 34 of the General Conditions of Trade, which form part of the CommBank Terms and Conditions.
- You agree that if there is any inconsistency between these terms and conditions and the CommBank Terms and Conditions, these terms and conditions will prevail to the extent of the inconsistency.
- When using Support Community, you must be aware of the following:
- the views expressed within Support Community are not our views. We do not vouch for the accuracy or authenticity of posts;
- posts are not professional advice and must not be treated as such, even if they are directed to you. Posts are general information only and you must carefully consider any decisions you make based on Community content. We are not responsible for any loss you may suffer as a result of relying on Support Community content;
- you acknowledge and agree that the content posted on the website has been prepared without taking into account your personal objectives, financial situation or needs;
- from time to time, CBA or CommSec staff members may participate in the Community as customers of CBA. In doing so, these CBA or CommSec staff members are acting in their personal capacity and not as an employee, adviser, representative or agent of CBA or CommSec and these CBA or CommSec staff members bear all responsibility for the content of their posts. The content of such posts is not endorsed by CBA or CommSec and do not constitute our views. These posts are not intended to constitute financial or professional advice or financial services provided by CBA or CommSec and should not in any way be treated as such. We do not vouch for the accuracy or authenticity of any posts by CBA or CommSec staff members acting in a personal capacity and will not be responsible for any loss you may suffer as a result of relying on any such posts.
- you are personally responsible for the content of your posts. You must not include misleading or deceptive information in your posts or use Support Community to engage in illegal or unauthorised activity. Information, including your identity, may be made available to Australian Securities and Investments Commission (“ASIC”) and ASIC or other Support Community members may take action against you. If we find or suspect that you are engaging in illegal or unacceptable conduct through Support Community, we reserve the right to remove your posts and your access to Support Community, and report such conduct to ASIC;
- if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), you consent to:
- if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), of a third party, you acknowledge that:
i. you have consent from the relevant third party to upload their personal information; and
- you should be aware that other Support Community members may be based overseas, making it difficult for you to take any action against them;
- you must disclose any interest, conflict or connection you have when making a post. For example, if you own or have some other interest in a security under discussion, you must disclose this. Similarly, if you are employed by a company under discussion or receive a benefit, you must also disclose this; and
- you should always report to us any posts which you suspect are inaccurate or may mislead or deceive other Support Community members. This includes posts which contain information that might, over time, be no longer accurate.
Registration and termination
- By registering to become a member of Support Community, you agree that we may contact you about your profile or any content you post in Support Community and for other administrative purposes related to Support Community.
- You may terminate your Support Community registration at any time through the Profile page on the website.
- We may terminate your Support Community registration at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your Support Community registration is terminated, these terms and conditions will remain in effect and you will remain bound by them except that your right to use the Support Community as a member will terminate. We may discontinue Support Community without notice at any time.
- We may, in our sole discretion, at any time, close, bar or suspend your use of Support Community or access to Support Community, or revoke in whole or part, temporarily or permanently, your status as a member of Support Community and/or your access to the website without notice at any time and for any reason.
- If your participation in Support Community is terminated or revoked, we may terminate access to all your prior postings and settings. While we will continue to honour your Support Community privacy settings, we may, but are not obliged to, delete posts and other information disclosed as of the time your participation in Support Community ended. Your postings may, at our sole discretion, remain part of and available to Support Community after the time your participation ends. We have no obligation to you or any other Support Community member to preserve any information or content you or any other member of Support Community has posted on the website for any period of time. We may at any time terminate any or all of the functionality available through the website, and may discontinue the website at any time without notice to you.
Profile Creation and security
- When you register to become an Support Community member, you will be asked to choose an alias. Your alias must not be vulgar or violate the rights of others. We may reject or modify an alias that we determine to be inappropriate for use in Support Community.
- We do not permit the creation of multiple aliases, even where you hold multiple accounts with us. We reserve the right to remove you from Support Community if you register or use multiple aliases.
- You agree to only log onto Support Community using your alias and shall not use the alias of any other person.
- You shall take all necessary measures to safeguard your [password and] personal information. Personal information may include your account details, email address, Netbank numbers and credit card information.
- You acknowledge that a third party may post information on the website using your alias. You agree not to hold us, our related bodies corporate (the “CBA Group”) or any of our officers, directors, agents or employees liable for any cost or damages arising from such postings.
- You agree to immediately notify us of any unauthorised use of your personal information or any other breach of security.
Your responsibilities when using Support Community
- You may upload content for display on Support Community at our discretion. This may be in the form of responses to blog posts, articles or stories, participation in forums or other discussion threads, replies to questions or the suggestion of ideas. If we allow you the opportunity to upload content to Support Community, please choose carefully the information that you post.
- You must not engage in any conduct or post any content which is or which is likely to be:
- in breach of any laws;
- in breach of the intellectual property rights or moral rights of any person or entity;
- in breach of any obligations of privacy or confidence;
- defamatory to any person;
- abusive, obscene, offensive, pornographic or indecent;
- harassing, threatening, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
- affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or
- false, misleading or deceptive.
- You must not do any of the following within Support Community:
- offer financial services of any kind;
- use Support Community for corporate promotion or advertising of any kind;
- send or otherwise post unauthorised commercial communications;
- solicit, collect or store content, information or personal information belonging to other Support Community members, or otherwise access the website, using automated means other any means which we have not intentionally made available to you through the website, without our prior written consent;
- upload or introduce any viruses or other computer-programming routines intended to damage, harm or interfere with Support Community or any system, software, hardware, telecommunications equipment, data, or personal information, or do anything that could disable or impair the proper working of the website;
- offer any contest, giveaway, or sweepstakes;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- change the topic of a thread to purposefully disrupt the flow of a conversation;
- forge headers or engage in manipulative practices designed to hide the origins or true intent of your submissions to the website, or to artificially generate traffic to another website;
- reproduce, duplicate, copy, publish, distribute, sell, resell, trade or exploit any of the content on the website without our prior written consent;
- post any content that is other people’s work and claim it as your own without acknowledging or crediting the rightful author or source; or
- facilitate, incite or encourage any breaches of these terms and conditions; or
- post content to Support Community that violates or is not in compliance with our Acceptable Use Policy.
- If you become aware of the misuse of Support Community or its features by any person, please click on the “Contact Us” link or the “Report Inappropriate Content” link on Support Community pages and follow the directions.
Our rights and expectations
- We reserve the right, in our sole discretion, to reject, refuse to post, edit, or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of Support 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 Support Community if we determine, in our sole discretion, that you have violated these terms and conditions or the Support Community Guidelines, pose a threat to us, our suppliers and/or other Support Community members or for any other purpose we determine in our sole discretion.
- You acknowledge and agree that we are not responsible or liable for the deletion or failure to store any content or messages posted by you or any other person on the website. We reserve the right to modify or discontinue, temporarily or permanently, the website or Support Community at any time without notice to you. We shall not in any way be liable to you or any other person for any modification, suspension or discontinuance of the website or Support Community.
- You acknowledge and agree that by accessing the website and participating in Support Community, you may receive material that you may consider to be offensive, indecent, obscene or otherwise discriminatory.
- You acknowledge and agree that under no circumstances will you hold us, or any of our subsidiaries, related bodies corporate or respective officers, directors, agents, shareholders and employees liable for any content posted on the website or for any loss or damage of any kind incurred as a result of your use of the website, participation in Support Community or reliance on any of the Information or content.
- You agree not to access Support Community by any means other than through the interfaces that are provided or approved in writing by us.
- We do not claim ownership of any content you post in Support Community. You continue to retain any rights that you may have in your content, subject to the license below.
- By displaying, publishing or uploading any content in Support Community or otherwise submitting or posting content to us, you grant us an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license (including the right to sub-license that content to any person or entity) to use, modify, delete, add, store, create derivative works of, publicly perform, publicly display, reproduce and distribute the content in or through Support Community for any reason (including advertising and promoting Support Community and/or our products).
- You represent and warrant that:
- you own the content you post or otherwise have the right to grant the licenses above; and
- you have not infringed the intellectual property or privacy rights of any person or entity.
- Support Community website contains content provided by us (including third party content posted or displayed by us). We and/or the third parties we have engaged own and retain all rights in that content.
- We are not responsible for, and make no warranties, express or implied, as to any content in the Community, other than as to posts made by our staff members who are authorised to do so on our behalf and who are identified as “Commonwealth Bank Staff” by depiction of the CBA logo in such posts (Official Posts). You acknowledge and agree that, other than the Official Posts, the content in the Community does not reflect our opinions or policies.
- Profiles created and comments posted by Community members may contain links to other websites. We are not responsible for the content or accuracy of these websites. Nor are we responsible for any third party advertisements or applications made available to you via the website or by other Community members. When you access these third party sites, you do so at your own risk.
- We are not responsible for the conduct, whether online or offline, of any member of Support Community. You should do your own research and think carefully before acting on any information contained in Support Community or any linked website. If you have any concerns, you should seek your own financial, legal or taxation advice.
- Support Community is provided “as-is” and as available. We do 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 all information you share or post in Support Community, becomes part of Support Community. You agree to take this into account when considering the alias and any picture you use to represent yourself in Support Community or posting personal or non-public information in Support Community.
- You understand that individuals who are not our customers who are also not members of Support Community may view the information disclosed or posted by you in Support Community or on the website. This means that certain “My Community Profile” settings may result in the information posted in Support Community or on the website being available to non-members of Support Community.
- You acknowledge and agree that Support Community and content that you post or transmit through Support Community may be hosted on a server in another jurisdiction which may include the USA, the Netherlands or Singapore.
Liability and Indemnification
- Our liability under these terms and conditions is subject to any applicable contrary provisions in the Australian Securities and Investment Commission Act 2001 (Cth) and Competition and Consumer Act 2010 (Cth).
- To the extent permitted by law, 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 Support Community, 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 these terms and conditions are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred Australian dollars (A$100).
- You acknowledge and agree that your participation in Support Community and use of the website and content is at your own risk and that you shall not have access to any of the approved dispute resolution schemes to recover any loss or damage you may suffer as a result of your reliance on any of the content posted on the website.
- You understand that these terms and conditions are based on and governed by Australian law. If you choose to access the website outside of Australia, you are also responsible for complying with all relevant local laws.
- A number of features of Support Community may be offered or processed through a third party service provider, which is not associated or affiliated with us, or any of our related bodies corporate. Unless otherwise noted, all authority granted to us, or limitations of liability to us, shall include our related bodies corporate, agents and representatives and any service provider. We, a member of the CBA Group, our agents or related bodies corporate acting on our behalf are authorised to provide the services contemplated by these terms and conditions.
- You agree to indemnify and hold us, the CBA Group and our 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 Support Community in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth in these terms and conditions and/or arising out of or relating to any content that you post.