LICENSE TERMS AND CONDITIONS

  1. About the Software
    1. Thank you for using our software which can be found at www.advicerevolution.com.au (‘Software‘). The Software is a process management tool (‘Services’) through which Financial Advisers (‘Financial Advisers’) provide personalised financial services and practice management services (‘Financial Adviser Services’) for their clients (‘Client/s’).
    1. The Software is operated by Advice Revolution Pty Ltd (ACN 623 443 443) (‘Advice Revolution’). Advice Revolution functions solely as the operator of the Software as a platform that connects the Financial Adviser with a Client. We supply a platform that includes various applications, interactive tools and modules to facilitate a contract of services between Financial Adviser and Client (the ‘Platform’).
    1. Advice Revolution provides a Platform only and does not provide financial advice or financial services. The Financial Adviser Services are provided by the Financial Adviser who is not employed by Advice Revolution or any of its affiliates. Any such contracts for Financial Adviser Services are between the Financial Adviser and the Client. Advice Revolution is not a party to such contract. You agree that Advice Revolution is not a financial services provider or financial advisor and is not liable for any Financial Adviser Services booked through our Software.
    1. Please read these terms and conditions (‘Terms’) carefully. In using this Software and our Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Software, or any of the Services, immediately.
    1. Please also review our Privacy Policy which is incorporated into and made a part of these Terms.
  1. Advice Revolution may amend any of the Terms at any time, and by continuing to use the Software, you accept the Terms as they apply from time to time.
  • Registration and Acceptance of Terms to use the Software and Services
  1. To access the Services, the following member accounts are to be registered with Advice Revolution:
    1. Practice Account;
    2. Adviser Account;
    3. Adviser Support Account; and
    4. Client Account,

(collectively, ‘Member Account’).

The practice managers create the Practice Account with Advice Revolution. Within the Practice Account, practice managers can create Adviser Accounts as well as Adviser Support Accounts. Within the Adviser Accounts, Financial Advisers can create Client Accounts for their respective clients.

When a Member Account is made either by signing up with Advice Revolution or by obtaining a Member Account through Practice Accounts or Adviser Accounts, a user is automatically considered a member (‘Member’). Upon registration of a Member Account, you are required to accept the terms and conditions of membership as a condition of joining as a Member. By accepting the registration of your Member Account, you agree to all the terms and conditions of our Terms and Privacy Policy listed on this Software.

    1. A Member includes a Practice Manager, Adviser Support, Financial Adviser and a Client who is an Australian or New Zealand citizen or resident. This Software is intended for use within Australia and New Zealand. All products and services on this Software are only valid for Australian and New Zealand citizens and permanent residents within Australia and New Zealand. Advice Revolution may, in its sole discretion, deny anyone access to membership or the Services or the Software at any time and for any reason.
    1. As part of the registration process for membership, and as a condition of your use of the Software and Services, you must provide current, accurate identification, and other information to enter into this agreement with Advice Revolution.
    1. If you are a Client, in order for the Financial Adviser to create a Member Account for you (Client Account), you agree that Financial Adviser is required to provide Advice Revolution with:
      1. your name
      2. an email address,
      3. preferred username,
      4. a mailing address,
      5. a telephone number,
      6. a password, and
      7. other information as applicable to set up and administer a Member Account to access the Services.
    1. If you are a Financial Adviser, in order for the practice manager to create you Member Account for you, you agree that your practice manager may be required to provide Advice Revolution with:
        1. your name
        2. an email address,
        3. preferred username,
        4. a mailing address,
        5. a telephone number,
        6. a password,
        7. your membership institution details such as the name of your institution, the address of your institution, a short description of your institution,
        8. your qualifications,
        9. a brief description of your skill set,
        10. a headshot for your profile,
        11. a review from a recent client, and
        12. other information as applicable to set up and administer a Member Account to access the Services.

(‘Registration Data’)

    1. You acknowledge and agree as a Member to provide accurate, true and correct information. Advice Revolution may but is obliged to undertake additional enquiries to verify the identity, background, or qualifications of any Members.
    1. As a condition of your use of the Software and the Services, you warrant and agree any information you provide to Advice Revolution as part of the registration process for your Member Account, including information relating to third parties, is accurate, correct and up to date. Once you have completed the registration process, you will be a registered Member of the Software bound by the Terms to form an agreement with Advice Revolution.
    1. You agree that:
      1. we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any Financial Adviser Services to Clients and we will have no obligation to mediate any disputes between the parties to any such contract;
      1. we cannot be held responsible for the actions or representations of our Members, either on or off the Software;
      1. we cannot guarantee that any information provided by a Member is true, accurate, complete, current and not misleading or deceptive; and
      1. you will not hold us liable in respect of any loss or damage arising out of any Member actions, representations or transactions.
  1. Advice Revolution may undertake additional enquiries to confirm the identity of any Member but does not endorse Members. Advice Revolution does not guarantee the suitability, legality, qualifications, experience or credentials of a Member. Member agrees that the entire risk arising out of your use of our Services remains solely with Member to the maximum extent permitted by law.
  2. Access to Software and Services
    1. Advice Revolution provides a Platform for Members to connect online for more efficient Financial Adviser Services.
  1. Members warrant as a condition of their use of and access to our Software and Services that:
      1. they are authorised to enter a legally binding contract if they are using the Services on behalf of another person or entity; and
      1. they are not a person prohibited from receiving the Services under the laws of Australia and New Zealand or other country in which the
        Member resides or from which the Member accesses the Services.
  2. You must not access and use the Software and Services if:
      1. you are not of legal age to form a binding contract with Advice Revolution; or
    1. you are a person barred from receiving the Services under the laws of Australia and New Zealand or other countries including the country in which you are resident or from which you use the Services.
  • License
    1. Subject to Member’s compliance with these Terms, Advice Revolution grants Members a limited, non-exclusive, non-sub-licensable, non-transferable licence to use the Software and any associated documentation on a device that Member owns or controls.
    1. Members agree to:
      1. only use the Software and Services for the purpose for which it was created;
      1. only access the Software from compatible mobile devices and web browser;
      1. must not reverse engineer, disassemble, or decompile any software contained in the Software, create derivative works based on the software, or otherwise attempt to gain access to its method of operation or source code;
      1. must not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the Software; and
      1. must not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Software.
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  2. These rights are personal to you only, non-transferable and limited by and subject to these Terms. Users shall have no right to distribute, reproduce, sell, supply, modify, copy or sub-license the Software or make available the Software or the Services to any third-party to commercialise or use. Please contact our support team at contact details to inquire for reseller or partnership terms.
  • General Obligations of all Members
    1. As a Member, you acknowledge and agree that:
      1. you will use the Services only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
      1. you have the sole responsibility for protecting the confidentiality of your password and email address. The use of your password by any other person may result in the immediate cancellation of the Services;
      1. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Advice Revolution of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      1. your access to and use of the Software is non-transferable;
      1. you must not use the Services or Software in connection with any other commercial enterprise without the prior written approval of Advice Revolution;
      1. you must not use the Services or Software for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Software;
      1. commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Software without notice and may result in immediate termination of your membership or access to the Software;
      1. you may not have more than one (1) active account. Advice Revolution reserves the right to merge multiple accounts or to suspend or terminate your account and your access to Advice Revolution Software if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete;
      1. you must not send or post unauthorised communications such as spam or advertising on the Software;
      1. you must not upload viruses or other malicious code on the Software;
      1. you must not expressly or impliedly impersonate another Member or use another Member’s account or password;
      1. you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate; and
      1. you must use the Services in compliance with all local, state and federal laws and regulations; and
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    2. Member must keep their Registration Data and contact information accurate and up to date.
    1. Members are solely responsible for interactions and disputes with each other. Member agrees that any disputes are between Members. Disputes are not the responsibility of Advice Revolution and disputes must be resolved directly between Financial Adviser and Client including any requests for refunds by a Client from Financial Adviser. Advice Revolution reserves the right, but has no obligation, to monitor disputes between Members and may involve itself but is not obliged to monitor such a dispute for the purpose of improving the user experience of the Platform and Services.
    1. Financial Advisers are independent contractors and as such are solely responsible for and shall meet their obligations in relation to taxation (including income tax and GST), superannuation, and any other government taxes or levies. These Terms do not make Financial Adviser a partner, agent or employee of Advice Revolution.
  • Fees
    1. As a Member, you agree to pay the current fees advertised on our Platform on the due date for payment in consideration of the supply of our Software and Services (‘Platform Fees’). We reserve the right from time to time to amend or change any of the fees or charges listed for the purchase of our Software and various Services.
    1. Payment of the Platform Fees may be made through the gateway payment provider published on our Platform (the ‘Payment Processing Service’). In using the Payment Processing Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.
    1. If there are payment failures due to insufficient funds, incorrect or outdated payment information, Advice Revolution reserves our right to:
      1. recover payment and deny a Financial Adviser access to our Services; or
      1. cancel or suspend a Member Account if we are unable to process the Platform Fees for our Services.
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    2. You acknowledge and agree where a request for the payment of any fees are returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with those fees.
    1. Member agrees that Advice Revolution may electronically store Registration Data and Member’s payment information to process the Platform Fees and Financial Adviser Payment.
    1. The Services delivered to Member is exclusive and personal to Member. Member must not allow another  user without a licence to use any of the Services that Advice Revolution delivers to Member under these Terms.
    1. We may suspend or terminate a Member Account if any misuse of fraudulent activity is detected.
    1. Member access to the Services will be disabled when Member Account is suspended, terminated or Member’s subscription ends.
  • Financial Adviser’s Obligations
    1. In these Terms, “Confidential Information” means any documentation or information whether in digital or hard form or otherwise conveyed verbally or in any other form to the Financial Adviser by the Client for the purpose of carrying out the Financial Adviser Services, and which is not publicly available and relates in any way to the Financial Adviser Services. The Financial Adviser agrees not to disclose the Confidential Information to any other person but the Client and to keep confidential the Confidential Information unless prior express approval is obtained from the Client.
    1. The Financial Adviser is free to deal with its own clients, but the Financial Adviser must not solicit the Services outside of the Software to a Client introduced by Advice Revolution. To the fullest extent permitted under applicable law, from Financial Adviser’s date of acceptance of these Terms, Financial Adviser will not without the written consent of Advice Revolution, directly or indirectly, solicit any of the Clients or former Clients obtained through the Platform with the intent of appropriating their custom. Where a Client contacts the Financial Adviser for the engagement of services outside of the Software, the Financial Adviser must during the period of 12 months after first being introduced to the Client by Advice Revolution direct the Client to engage the Financial Adviser via the Software. The Financial Adviser agrees that all transactions with the Client will be conducted through the Software and the Financial Adviser must not manage the supply of any of the Services to the Client offline from the Software.
    1. The Financial Adviser agrees not to falsely advertise or provide any misleading information or other deceptive data on the Platform in relation to the supply of the Financial Adviser Services.
    1. The Financial Adviser agrees that he or she is responsible for any refunds payable to Client and is liable for any Client disputes or payment chargebacks in relation to the supply of Financial Adviser Services.
    1. The Financial Adviser must keep his or her Registration Data and contact information accurate and up-to-date.
    1. The Financial Adviser must carry his or her own professional indemnity insurance (PI insurance) which provides adequate cover for the Financial Adviser’s Services.
  1. Financial Advisors are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Software and Services.
  • Client’s Obligations
    1. The Client must keep his or her Registration Data and contact information accurate and up to date.
    1. The Client must not attempt to obtain or solicit Services from the Financial Adviser outside of the Terms for using the Software and the Services, nor for any other purpose not reasonably intended by Advice Revolution.
    1. Client agrees that Advice Revolution does not warrant or represent that services provided by the Financial Adviser are appropriate, effective, accurate or meet any particular qualifications or standards in relation to the supply of Financial Adviser Services.
  1. Client authorises Financial Adviser to use and store electronically any material or information supplied by the Client to the Financial Adviser through the Platform for the purpose of carrying out the Financial Adviser Services or related to the supply of the Services including any Confidential Information (whether in hard form or digital form) and agrees that Advice Revolution is not responsible for the loss of or misuse of such material or information. The supply of such material and information to Financial Adviser is solely at the risk of Client.
  • Refund Policy
    1. Except as required by the Australian Consumer Law, any fees paid under these Terms are non-refundable.
    1. Advice Revolution will only offer a refund of the Platform Fees if Advice Revolution is unable to facilitate the supply of the Services or if the Manager of Advice Revolution determines, in its absolute discretion, it is reasonable to do so.
    1. Advice Revolution does not offer returns and refunds for ‘buyer’s remorse’ or if you have changed your mind.
  • Australian Consumer Law and the Statutory Guarantees
    1. Advice Revolution will process refunds in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).
    1. For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose or a purpose made known to you or the Services are unsafe. For major failures or major problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage.
    1. If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’, we are entitled an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.
    1. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For Major Failures with the Services, you are entitled:
      1. to cancel your service contract with us; and
    1. to a refund for the unused portion of the Services, or to compensation for its reduced value.
  • Protection and Security

This Terms specifically prohibits the reverse engineering or decompiling or interference in any manner with the Software’s source code. You also agree to use your best endeavours and to take all reasonable steps to safeguard the Software to ensure that no unauthorised person has access to your Member Account and that there is no unauthorised copying or distribution of the Software.

  • Copyright and Intellectual Property
    1. The works (‘Copyright Material’) in the Software, the Services and all of the related products of Advice Revolution are subject to copyright and owned by the copyright owner. The Copyright Material on the Software is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Software (including but not limited to text, graphics, logos, button icons, video images, audio clips, Software, code, scripts, design elements and interactive features) or the Services are owned or controlled by Advice Revolution, and are reserved by Advice Revolution or its contributors.
    1. All trade marks, service marks and trade names are owned, registered and/or licensed by Advice Revolution, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. use the Software pursuant to the Terms;
      1. copy and store the Software and the material contained in the Software in your electronic device’s cache memory; and
      1. print pages from the Software for your own personal and non-commercial use.

The license operates for you to electronically access and use the Services solely for the supply and purchase of the Services through the Software in accordance with the Terms. Advice Revolution may terminate this licence at any time, if you use the Software or the Services, except as permitted by these Terms.

    1. Advice Revolution does not grant you any other rights whatsoever in relation to the Software or the Services. All other registered and unregistered intellectual property rights including patents, copyrights, and designs including an application for, or right to apply for registration of intellectual property rights are expressly reserved by Advice Revolution.
    1. You may not, without the prior written permission of Advice Revolution and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Software unless otherwise provided by these Terms or expressly authorized by Advice Revolution.
    1. The Software and its content may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, Software or other medium for publication or distribution, without our express prior written consent.
  • Software Content
    1. In these Terms, “Content” means any material posted on the Software or brought into existence or made available for supply through the Services.
    1. You grant us a perpetual, worldwide, non-exclusive, royalty-free, unlimited, sub-licensable and transferable licence to use, reproduce, commercialise, distribute, display and deliver Content that you upload, submit, store, send, or receive on or through the Platform. The rights you grant in this licence are for the limited purpose of operating and providing functionality to the Platform and associated Services.
    1. As a Member, you acknowledge, agree, and warrant that:
      1. you are solely responsible for any Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Software and you are solely responsible for any Content which you make available through the Services;
      1. you are the sole and exclusive owner of all Content you make available through the Services and otherwise have all rights, licenses, permissions, consents and releases and approvals necessary to grant to Advice Revolution the rights in such Content, required pursuant to the Terms of this agreement;
      1. neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Advice Revolution’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trade mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
      1. any Content (whether provided by Advice Revolution, a Member or a third party) on Advice Revolution Software must not be used on third party sites or for other business purposes without Advice Revolution’s prior written consent;
      1. Advice Revolution does not have any obligation to delete or return any Content to you after your Member account is cancelled, including, but not limited to, any of your reviews or feedback; and
      1. It is your sole responsibility to make backups of your Content.
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  2. Advice Revolution strives to provide accurate and up-to-date material on this Software and our Services, but we make no warranties or representations as to the accuracy or timeliness of any of our Content.
  • Privacy
    1. In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth) for Australia and Privacy Act 1993 for New Zealand.
    1. If a Member obtains Personal Information in the course of supplying or availing Services under these Terms, the Member must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the privacy principles as contained in the Privacy Act 1988 (Cth) for Australia and Privacy Act 1993 for New Zealand.
  • Disputes
    1. Members including Financial Advisers and Clients are solely responsible for interactions and disputes with each other.
    1. Advice Revolution reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of Members.
    1. If a dispute arises out of or relates to the Terms as between Advice Revolution and a Financial Adviser or Client, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
      1. Compulsory process. A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
      1. A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.
      1. Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
      1. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:
        1. a mediator agreed on by the Disputants; or
        1. if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
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      2. Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
      1. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
      1. Costs of mediation. Each Disputant must pay its own costs. The Disputants must pay equally the costs of any mediator engaged.
      1. The mediation will be held in Sydney, Australia. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representative.
      1. Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.
    1. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
  • Limitation of Liability
    1. To the fullest extent permissible at law, Advice Revolution is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products and services, or otherwise arising out of the provision of products and services, whether based on these Terms, negligence, strict liability or otherwise.
    1. These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Advice Revolution limits its liability as follows, at Advice Revolution’s option:
      1. for any claims relating to these Terms to the fees payable under these Terms for the preceding three (3) months;
      1. in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired; and
      1. in the case of services including any digital services, the supply of the services again or the payment of the cost of having the services supplied again.
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    2. Advice Revolution does not accept any liability for the acts, omissions, or default, whether negligent or otherwise of any Members who use the Software in connection with any supply including in relation to contracts between Financial Advisers and Clients, as well as:
      1. Advice remediation or look-back audit exposure; and
      1. Licensee impacts from compliance issues.
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    2. This clause survives the termination or expiry of these Terms for whatever reason.
  • Indemnity

Member indemnifies and releases Advice Revolution against any claims, losses, damage, cost (including legal costs), expense or liability arising out of:

    1. any breach of any warranty or obligation under these Terms;
    1. any willful or negligent act or omission of the Member or any of its officers, employees or, agents in relation to the performance of its obligations under these Terms; and
    1. any breach of any third party’s rights including intellectual property rights.
  • General Disclaimer
    1. Member shall not, at any time, be obliged to act on any information, suggestion, advice, insights or guidance (“Information”) given by Advice Revolution as part of the Services, but if and to the extent that it does so, it shall do so at their own risk.
    1. Member hereby unconditionally and irrevocably waives any rights of action it may have as against Advice Revolution in relation to any such information, suggestions, advice, insights, or information. Member is advised to take independent appropriate professional advice before acting on such Information given within the Services.
    1. Member participates of its own free will in the Services and accordingly, knowingly, and voluntarily assumes all risks associated with the use of the Services. Any information contained within the Services is not intended to provide specific professional advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard.
    1. Member acknowledges that Advice Revolution does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services other than expressly pursuant to these Terms. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    1. Use of the Software and the Services is at Member’s own risk. Everything on the Software and the Services are provided to Member on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
    1. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Advice Revolution (including any third-party providers) make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage Member might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, API failures, incorrect API mapping, deletion, defect, failure to correct defects, data breach, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
      1. the accuracy, suitability or currency of any information in relation to the Services (including third party material and advertisements on the Software);
      1. costs incurred because of Member using the Software, the Services or any of the Content;
      1. Software links which are provided for the Member’s convenience;
      1. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Software; or
      1. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
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  2. This clause survives the termination or expiry of this Agreement for whatever reason.
  • Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by Advice Revolution as set out below.
    1. Termination of these Terms does not affect any contract that has been formed between Members. A Member must comply with the terms of any contract entered into including providing the Financial Adviser Services or paying the Platform Fees as applicable.
    1. If you want to terminate the Terms, you may do so by closing your account immediately for all the Software and Services which you use. You agree that refunds are not payable for the balance of the month in which you cancel your Member Account. You agree that you are responsible for making backups or downloading any Content in or associated with your Member Account.
    1. Advice Revolution may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      1. Advice Revolution is required to do so by law; or
      1. the provision of the Services to you by Advice Revolution is, in the opinion of Advice Revolution, no longer commercially viable.
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    2. We may also without notice:
      1. terminate your Member Account if there is no account activity associated with your Member Account for over 12 months, and
      1. delete any Content associated with your Member Account and you agree that you are responsible for making backups of your data.
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    2. Subject to local applicable laws, Advice Revolution reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Software or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Advice Revolution’s name or reputation or violates the rights of those of another party.
    1. Advice Revolution may, at its discretion and without liability to you, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account if in its sole and absolute discretion, Advice Revolution is concerned by any feedback about you, or considers your feedback rating to be problematic for other Advice Revolution users.
  • Severance

If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.

  • Survival

These Terms shall enure to the benefit of and be binding upon the parties and their respective successors, trustees, heirs, executors, administrators and permitted assigns or receivers but will not enure to the benefit of any other persons.

  • Laws and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.

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Terms last updated 1 September 2020.