Terms Of Use

Introduction

Welcome to the Pinnacle Advisors website. By accessing and/or using this website and related services, you agree to these terms and conditions, which include our Privacy Policy (available at https://www.pinnacleadvisorss.com/privacy-policy) (collectively, the Terms). You should review our Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, “Pinnacle Advisors”, “us”, “we” and “our” means Pinnacle Advisors and its related bodies corporate, and “you” and “your” means the user of our website.

Updates to Terms

We may periodically change the Terms, so please check back from time to time. These Terms were last updated on May 16, 2024. By accessing, browsing, or using this website, you signify your acceptance of these Terms. It is your responsibility to review these Terms regularly.

Client Portal Terms and Conditions

If you are a Pinnacle Advisors client accessing our Client Portal, please take time to read the Client Portal Terms and Conditions, which together with these Terms govern your use of the Client Portal.

1. No Advice

The content of the Pinnacle Advisors website is not legal, taxation, or investment advice. It is general information only and does not take into account your objectives, financial situation, or circumstances. You must seek specific advice tailored to your circumstances and cannot rely on the content of this website as a substitute for specific advice. The content should be viewed as current only at the time of first publication and may change at any time without notice. No obligation is imposed on Pinnacle Advisors or any of its officers, employees, or associates to maintain the relevance of the content or to advise users of any changes or errors.

2. Copyright and Trademarks

All content and functionality on this website, including text, graphics, logos, icons, and images, and the selection and arrangement thereof, is the exclusive property of Pinnacle Advisors or its licensors and is protected by Australian and international copyright laws. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the ‘Trademarks’) displayed on the website are the registered and unregistered trademarks of Pinnacle Advisors or its licensors. You agree that you will not refer to or attribute any information to Pinnacle Advisors or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Pinnacle Advisors or its licensors.

You agree that other than in respect of your own content you may provide to Pinnacle Advisors, you will not:

make any representations that you have any such rights as set out above, that you do not have;
adapt, reproduce, store, distribute, sell, print, display, perform, publish, or create derivative works from any works or other subject matter or any part of our website, including the Trademarks; or
commercialize any works or other subject matter, information, products, or services obtained from any part of this website without the written permission of Pinnacle Advisors or its licensors.

3. Use of Content

Pinnacle Advisors hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the website on any single computer solely for your internal business use, provided that you do not modify the website content in any way and that you retain all copyright and other proprietary notices displayed on the website content.

As a condition of using the website, you represent and warrant to Pinnacle Advisors that you will not:

use this website in a way, or for any purpose, that is unlawful or prohibited by these Terms;
use or attempt to use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use or enjoyment of the website;
obtain any materials or information through any means not intentionally made available or provided through the website;
link to the website in a way that damages or takes advantage of our reputation, including but not limited to that which suggests or implies any association, affiliation, or endorsement with us that you do not have.

Apart from fair dealing as permitted under the copyright law of your country, and as necessary for the operation of the website, no part of this website nor the information contained in it may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, reprographic, or otherwise, without the prior permission of Pinnacle Advisors.

4. User Postings

You acknowledge and agree that Pinnacle Advisors shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on this website in postings, survey responses, and otherwise, and you hereby waive any claims against Pinnacle Advisors for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Pinnacle Advisors’ use and publication of such submissions.

You covenant that you shall not post or otherwise publish on any part of this website any materials that:

are threatening, defamatory, offensive, discriminatory, or obscene;
would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
infringe the intellectual property, privacy, or other rights of Pinnacle Advisors or any third parties;
contain harmful code such as a computer virus or other destructive element;
contain advertising; or
constitute or contain false or misleading statements.

Pinnacle Advisors does not and cannot review all information posted to the website by users and is not responsible for such information. However, Pinnacle Advisors reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Limited Liability

The website and its content do not purport to be complete, accurate, or contain all information which users may require to make an informed assessment. To the maximum extent permitted by law, including Australian Consumer Law, Pinnacle Advisors and its officers, employees, or associates make no warranties or representations about this website or its content, including without limitation warranties and representations that they will be complete, accurate, or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Pinnacle Advisors and its officers, employees, or associates accept no responsibility or liability for any direct or consequential loss or damage, howsoever arising and whether foreseeable or not, which results from the use of this website and its content. By using the Pinnacle Advisors website, you agree to indemnify us for any loss or liability arising out of your use of this website and its content.

6. Disclaimer

The information contained in this website is for general guidance on matters of interest only and does not constitute financial or other professional advice. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in this application. Accordingly, the information in this application is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, financial, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, financial, legal, or other competent advisers. Before making any decision or taking any action, you should consult a Pinnacle Advisors professional.

While we have made every attempt to ensure that the information contained in this website has been obtained from reliable sources, to the extent permitted by law, Pinnacle Advisors is not responsible for any errors, omissions, misrepresentations, or misstatements or for the results obtained from the use of this information. All information in this application is provided “as is”, with no guarantee of completeness, accuracy, timeliness, or the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose.

In no event will Pinnacle Advisors, its related partnerships or corporations, or the partners, agents, or employees thereof be liable to you or anyone else for any decision made or action taken or not taken in reliance on the information on this website or for any consequential, special, or similar damages or injury of whatsoever kind suffered or incurred by anyone arising out of access to or the use, reliance, or misuse of or inability to use this website or its contents or any failure by us to provide access to any websites or information updates, even if advised of the possibility of such damages.

7. Third-Party Websites

We may provide links to third-party websites, and some of the content appearing to be on this website is, in fact, supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Pinnacle Advisors does not endorse and has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

8. Security

While Pinnacle Advisors takes reasonable steps to protect the security of our website and communications with it, no data transmission over the Internet can be guaranteed to be totally secure. We cannot guarantee that this website or any third-party website will be free from viruses or other harmful code, or that your access to the website or any third-party website will be uninterrupted. Any information you send to us through or in connection with this website is sent at your own risk.

9. Indemnity

You agree to indemnify, defend, and hold harmless Pinnacle Advisors, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or your use and access of the Pinnacle Advisors website.

10. Consumer Law and Mandatory Warranties

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

11. Limitation of Liability

To the maximum extent permitted by law, Pinnacle Advisors excludes completely all liability whatsoever for any loss or damage (including any special, indirect, consequential, punitive, or incidental damages) suffered by you or anyone else, out of, or in connection with, the use of this website or the content. Where the law (including Australian Consumer Law) implies a warranty into these Terms which may not lawfully be excluded, Pinnacle Advisors’ liability for breach of such a warranty shall be limited, at our option, to any one or more of the following:

in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; and payment of the cost of having the goods repaired; and
in the case of services, to anyone it determines of the following: supplying the services again or payment of the cost of having the services supplied again.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation before resorting to litigation.

By continuing to use this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.