Terms & Conditions
The terms and conditions contained in this agreement (Terms of Service) constitute a legally binding contract between Plencore Online ACN 601 265 598 (Advice Online, Plencore Online, We, Our, Us and other similar terms) and apply to the contract with you (You, Your, Client and other similar terms) and Your use of the software (Software) made available from Advice Online.
Our contact information is as follows:
Plencore Online ACN 601 265 598
Glenis Phillips, Director
PO Box 133, Hamilton QLD 4007
Telephone 1300 162 945 | Email: email@example.com
By clicking “I Accept”, You:
- acknowledge and agrees to having had sufficient opportunity to read and understand the terms and conditions contained in this Terms of Service and that You are legally able to be bound to this Agreement.
- acknowledges that these terms and conditions were brought to Your attention prior to accepting them.
- warrants that:
- the information provided regarding Your contact information is accurate; and
- We may contact you to confirm information in relation to your offer to enter into this Agreement.
If You are not prepared to be bound by these terms and conditions,
You must immediately leave this website.
In this Agreement, unless the context or subject matter require otherwise:
Account means the access credentials linked to Your account authorised by the Adviser to enable You the Client to obtain access to and use the Software.
Advice Record means a record of financial advice provided to the Client by the Advisor that appears in the Client’s Account.
Adviser means the financial services business that entered into an agreement with Plencore Online to allow its Users to use the Software.
Adviser Agreement means the contract between the Adviser and Advice Online that allows for the use of the Software.
Agreement means the terms and conditions contained in this Terms of Service.
Commencement Date means the date that the Client accepts an Invitation sent by the Adviser to allow them to access and use the Software by clicking “I Agree”.
Data means any information that the Client inputs or uploads to the Software including the Fact Find.
Dependent Software means any software which the Client must have installed on the computer that they use to access and use the Software including the recommended browser types.
Documentation means any user manual, support, guides and explanatory notes or memoranda provided in either electronic or physical form by the Advice Online that may or may not be supplied with the Software as updated from time to time.
Fact Find means the process that the Client has to go through to provide information about Your financial circumstances by uploading financial information into the Software for the purposes of the Adviser providing financial advice.
Fact Find Report means the results of the Fact Find that the Client must notify the Advisor of being complete using the Software when done.
Force Majeure means an act of God, fire, lightning, explosions, flood or other natural disaster, subsidence, act of terrorism, insurrection, civil disorder or military operations, power or gas shortage, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and any other cause, whether similar or not to the foregoing, outside of the affected Party’s control.
Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyright, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world.
Invitation means an email sent to You by the Adviser inviting You to access and use the Software.
Party means a party to this Agreement and Parties means both Parties to this Agreement.
Software means the software which an Adviser and the Client obtains the right to access and use on the terms and conditions contained in this Agreement and the terms provided by an Adviser.
Update means any modifications, new or revised versions of the source code for the Software that are required for it to operate more efficiently as determined by Advice Online at its sole discretion.
Website means the website located at the subdomain allocated to the Adviser that invited the Client to have access to Software at the url www.advisername.adviceonline.net.
In this Agreement:
(a) a reference to:
(i) one (1) gender includes the others;
(ii) the singular includes the plural and the plural includes the singular;
(iii) a person includes a body corporate;
(iv) a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;
(v) a Party includes the Party’s executors, administrators, successors and permitted assigns;
(vi) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
that Statutory Provision as amended or re-enacted from time to time; and
a statute, regulation or provision enacted in replacement of that Statutory Provision;
an amount of money is an amount in Australian dollars ($AUD);
time is to Queensland time; and
a schedule refers to a schedule contained in this Agreement;
(b) including and similar expressions are not words of limitation;
(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(d) headings are for convenience only and do not form part of this Agreement or affect its interpretation;
(e) where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and
(f) a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement.
This Agreement commences on the Commencement Date and continues for two (2) months from the date that the Client has notifies the Adviser that the Fact Find is complete or until the Adviser Agreement is terminated, whichever occurs first.
From the Commencement Date, Advice Online grants the Client a non-transferrable, non-sub licensable Limited, right to access and use the Software on the terms and conditions contained in this Agreement and any agreement with the Advisor that is incorporated into this Agreement by reference.
The Client agrees:
(a) to use the Software and the Documentation only for its own purposes and for the purpose of their Advisor providing them with financial advice;
(b) that the information and Data they upload to the Software as part of the Fact Find, is true and accurate in all respects;
(c) that they will comply in all respects with the obligations contained in this Agreement.
The Client acknowledges that the Adviser that sent them the Invitation to access the Software is responsible for paying all fees associated with their use of it.
3.5 Export of reports
Records of financial advice (and revisions) completed by the Advisor can be accessed the Client in their Account and exported as a PDF. The Client can also access and save as PDF’s up to thirteen (13) other related reports. On termination of this Agreement there is no way that the information uploaded by the Client as part of the Fact Find can be exported or transferred to another application.
(a) The Client does not obtain any express or implied Intellectual Property rights, in the Software beyond the right to use it as described in this Agreement and as instructed by their Adviser.
(b) The Client retains ownership of the Data and the Intellectual Property in the content (if any) uploaded to the Software and provides an irrevocable licence to the Advice Online to use the Content for the purpose of the Client using the Software.
(a) The Software is accessed by the Client using any current version of the following browsers:
(i) Google Chrome
(iv) Internet Explorer
(b) For the Software to operate, Clients must have at least an ADSL internet connection.
Clients are not required to back up the Data they upload to the Software as this is done by Advice Online as described in the Documentation.
At first instance You should contact Your Adviser if You have any questions about how to use the Software. Should Your issue need to be escalated Your Adviser will contact Us to address the issue.
(a) If it is necessary for Us to interrupt Your use of the Software, We will endeavour to provide reasonable notice (where possible) of when we anticipate that it will be unavailable.
(b) The Client acknowledges that their access to the Software may be changed, interrupted or discontinued for any reasons beyond Our control and that during this time we may make upgrades to it which may change the interface and way in which it functions.
(c) You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to Your access to the Software because of scheduled maintenance.
- You agree to:
- to keep all usernames and passwords used to access the Software strictly confidential and not share them with any third party unless authorised to do so;
- is responsible for ensuring that it is the sole person accessing the Software using an Account. It is expressly prohibited to share Account details with third parties.
(a) The Client is responsible for:
(i) all activity that occurs on the Software in relation to its Account, whether authorised or not; and
(ii) ensuring the accuracy of all Data entered into the Software.
The Client acknowledges that:
(a) information about their financial circumstances that they upload to the Software as part of the Fact Find is made available to be accessed by their Advisor and their team for the purpose of providing financial advice; and
(a) The Client agree they must not:
(i) infringe Our Intellectual Property rights in the Software;
(ii) represent that they are associated with or otherwise endorsed by Advice Online other than to state that use the Software;
(iii) pass themselves off as the owner of the Software which they are not authorised;
(iv) use the Software in any way that could damage the reputation of Advice Online or their Adviser;
(v) permit any third Party to obtain access to the Software, or the Documentation;
(vi) reproduce, make error corrections to or otherwise modify or adapt the Intellectual Property in the Software or create any derivative works based on the Software and the Documentation;
(vii) attempt to de-compile, disassemble, decrypt, or otherwise reverse engineer the Software or permit any third party to do so;
(viii) transfer, sublicense, rent, lease, lend, license or otherwise transfer or assign the Intellectual Property in the Software; and
(ix) modify or remove any copyright or proprietary notices associated with on shown in the Software.
(b) The Client agrees that the above acts are essential terms of this Agreement. Should it be determined by Us (acting reasonably) that the Client has in fact done one of these things then We may terminate this Agreement in accordance with clause 13.
(a) The Client accesses the Software at their own risk and is responsible for compliance with the laws of their jurisdiction in addition to those contained in this Agreement.
(b) We make the Software available to use, however, We do not assume a duty of care to the Client. We makes no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Software because of the Data uploaded by the Client.
(c) Advice Online makes Software available to Advisers and their clients to use, We are not licenced financial advisers and do not provide financial planning advice.
(d) The Client must make its own investigations to ensure the Software is fit for the purpose which You would like to use it.
(a) Advice Online warrants that the Software will be free of defects whilst the Client is able to use it.
The Client expressly acknowledges and agrees that, to the maximum extent permitted by law subject to Advice Online’s compliance with the obligations contained in the Competition and Consumer Act 2010(Cth)(ACL) its officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, except the warranties that the Software is provided with clear title, is of acceptable quality, is fit for the particular purpose for which it were supplied and that it complies with its description (Non-Excludable Provisions).
Advice Online makes no warranty that:
the Software will meet Your exact requirements;
the performance of the Software or Your Adviser will meet Your expectations.
(a) The Client warrants that:
(i) access to the Software has been obtained at Client’s own discretion and risk;
(ii) the information about their financial circumstances uploaded to the Software as part of the Fact Find is true and accurate in all respects;
(iii) it will use the Software strictly as required by any guidelines or recommendations provided by Advice Online and their Adviser;
(iv) it has made its own investigations into the suitability of the Software and is not relying on any representation not expressly made by Advice Online;
(a) Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information provided about the Software;
(ii) Client’s use of the Software;
(iii) any failure or delay including, but not limited to, the use or inability to use the Software ; and
(iv) any interference with or damage to Your computer systems which occurs in connection with use of the Software.
(b) Nothing in this Agreement attempts to limit or exclude liability of Advice Online in compliance with section 64 of the ACL.
Any loss or damage which is or may be suffered by Client in connection with its use of the Software is expressly disclaimed by Advice Online. Advice Online limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable to do so, to:
(a) resupplying the Software to be used again;
(b) the price of the right to access the and use the Software which is paid by the Adviser.
(a) The Client indemnifies, and must keep indemnified, Advice Online and its employees, officers and agents, against any actions, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from or in connection with, either directly or indirectly Client’s breach of any of its obligations contained in this Agreement, including, but limited to, the making of a warranty that is inaccurate or incomplete.
(b) The Client indemnifies, defends and holds harmless Advice Online in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with:
(i) any breach of a provision of this Agreement;
(ii) the Client’s use or misuse of the Software including any negligent acts or omissions; or
(iii) use of the Software, including any third party claims made in connection with, or arising out of, the Client’s use of the Software.
We may terminate this Agreement without notice if:
(a) We no longer have the right to provide the Software for any reason whatsoever;
(b) the Adviser Agreement is terminated;
(c) the Client commits a breach of an essential term of this Agreement which is not capable of being remedied, after first notifying the Client of such breach; or
(d) it is notified, after having made reasonable inquiries, that Client;
(i) is reverse engineering or otherwise creating derivative works based on the Intellectual Property contained in the Software; and
(ii) is attempting to circumvent any technological protection measure which limits the Client’s ability to access multiple instances of the Software.
(e) the Client is using the Software for a purpose other than what it was designed for and is otherwise consuming system resources well above what is considered normal or usual.
On termination of this Agreement for whatever reason:
(a) the Client’s right to access and use the Software ends according to the terms of the agreement between the Adviser and Advice Online; and
(b) the Client must return or destroy all copies of any Documentation it has downloaded from the Software.
(d) If required, Advice Online will contact the Client via the contact details it has retained in its records.
No representation or warranty is made that the Content on the Website complies with the laws of any country outside of Australia.
We will cooperate law enforcement agencies when required to do so by an authority of competent and recognised jurisdiction.
14. General provisions
(a) Assignment – Advice online may assign its rights and obligations under this Agreement by notifying the Client of the terms of such an assignment.
(b) Counterparts – This Agreement may be executed by the Parties in any number of identical counterparts. Each counterpart is deemed to be validly executed if it is signed by a Party and sent by facsimile or by electronic mail to the other Party. It comes into effect when all identical counterparts have been validly executed. For the purpose of executing this Agreement or any document required by it, the Parties agree that any signature is valid and the document is validly executed if it is produced by an electronic communication as provided by the Electronic Transactions Act 2001(Qld).
(c) Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.
(d) Further assurances – The Parties agree to sign all further documents as may be necessary to ensure that this Agreement complies with the laws of any jurisdiction that is outside the jurisdiction as required.
(e) Governing law and jurisdiction – The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
(h) Waiver – A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing and signed by the Party giving it.
Financial Advice Online
Our new product, Financial Advice Online, has been designed for members of the Financial Services Industry who need a readymade customizable portal to provide digital financial advice.
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