Introduction and acceptance of terms and conditions
The Simply Advice Websites service (“the Platform”) is owned and operated by Simply Advice Websites Pty Ltd ABN 35 675 795 570. It is designed for financial advisers, licensees, and their authorised representatives (“you,” “your”). The Platform, including the website, user dashboard, and associated tools, is administered by The Digital Marketing Agency ABN 64 131 425 771 (“The DMA”). By accessing or using the Platform, you agree to these terms and conditions (“Terms”). If you do not agree, you must discontinue use. These Terms may change, and it is your responsibility to ensure compliance with the current version.
Platform access and use
The Platform is for use by current Australian financial advisers and licensees. You are required to register with a valid email address, username, and password, which must remain confidential. Any actions taken using your login details are considered authorised by you. Access is granted while you are a registered user and must be used for legitimate, lawful purposes per the provided instructions.
Responsibilities of you and Simply Advice Websites
You are responsible for providing accurate, current, and complete information. Any actions taken using your login details are your responsibility. If there are updates to the material or information you rely on, it is your responsibility to ensure the information remains accurate by confirming with us.
Simply Advice Websites will use reasonable care in maintaining the Platform, but we do not guarantee accuracy, uninterrupted access, or protection against viruses or other harmful components. We are not liable for any delays caused by non-responsiveness from your side. If we are waiting for requested information or feedback for more than two months, additional fees may apply to reopen or continue the work.
Simply Advice Websites also reserves the right to adjust prices. Any changes will be communicated to you prior to the commencement of work for ad hoc items or at least two months’ notice for ongoing items.
Compliance and regulatory requirements
Simply Advice Websites ensures your website is structured to meet compliance standards through specific features, such as the footer, ‘About [Licensee Name]’, and ‘Important Information’ sections. Before the site goes live, we complete a detailed compliance checklist. While this checklist may differ slightly from your licensee’s requirements, it ensures that your site meets minimum standards.
Simply Advice Websites collaborates directly with your Compliance team and manages all communications to ensure regulatory alignment without requiring you to act as the middle person. Additionally, we monitor general regulatory updates (e.g., privacy opt-ins and disclosure requirements) and make necessary changes to your website. You will be notified at least two weeks in advance if these changes require additional costs.
Many elements of meeting compliance requirements are subjective in nature or require interpretation. Whilst we use our best judgement, we cannot guarantee that our view will align with licensees or even regulators.
Limitation of liability
To the maximum extent permitted by law, Simply Advice Websites excludes all liability for any loss or damage, including special, indirect, or consequential loss, and loss of business profits, arising out of or in connection with the use or performance of the Platform.
If the law implies a warranty into these Terms that cannot be lawfully excluded, Simply Advice Websites’ liability for breach of such a warranty is limited to either supplying the services again or covering the cost of having the services supplied again.
Intellectual property
Simply Advice Websites retains ownership of all intellectual property rights in the materials, designs, and tools provided through the Platform. This includes any content we develop or assist in developing. You retain ownership of the materials and information you provide to us.
Content on the Platform is protected by copyright and other intellectual property laws. You may display and print content for your personal use, provided copyright notices remain intact. You agree not to reproduce, distribute, or share any materials owned by Simply Advice Websites without our express written consent.
By working with Simply Advice Websites, you agree that your website may be included in our portfolio. This could include a story about your journey as a client, a link to your new website, or related social media content. If you prefer not to be included, please inform us.
Termination and data handling
Simply Advice Websites reserves the right to terminate your access to the Platform without prior notice. If the Platform is discontinued, you will receive two months’ notice, and data will be exported to any new platform provider.
You must provide two months’ written notice should you wish to terminate your engagement with Simply Advice Websites. If requested, data can be exported via XML (excluding layout and media), and additional fees will apply for this service.
General provisions
All currency referenced in these Terms is in Australian dollars (AUD) unless otherwise specified. These Terms are governed by the laws of Queensland, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts in Queensland, Australia.