Simply Advice Websites Terms and Conditions
Introduction and acceptance of terms and conditions
- The Simply Advice Websites service (“the Platform”) is an internet-based administration facility owned and operated by Simply Kaizen Pty Ltd ABN 59 633 947 805 trading as Simply Advice Websites (“Simply Advice Websites”, “us”, “we”) for financial advisers, licensees and their authorised representatives (“you”, “your”).
- The website, user dashboard and associated tools that Simply Advice Websites makes available to you as part of the Platform are administered by The Digital Marketing Agency ABN 64 131 425 771 (“the DMA”).
- Simply Advice Websites will enter agreements with licensees to provide streamlined services and reduced pricing to their advice network. These licensees are considered “Licensee Partners” and are listed on the advicewebsites.com.au homepage.
- Your access and use of the Platform is governed by these terms and conditions (Terms).
- Your access and use of the Platform constitutes your agreement with and acceptance of these Terms. If you do not accept these Terms you may not use or continue to use the Platform.
- These Terms may change or be updated from time to time (by way of a notice to you on the Platform or by any other means of communication) and it is your responsibility to ensure that you remain in agreement with the current Terms.
Content and access
- The Platform is for the use of current Australian financial advisers and licensees only.
- The registration process for the Platform requires you to provide a unique and valid email address, user name and password (User Identification Details) which you are required to keep confidential and secure against any improper or unauthorised use.
- Access to the Platform is only available to you whilst you are a registered user and once access is granted, any actions made using your User Identification Details will be deemed to be made by you or with your authority.
- You must only access the Platform for legitimate and lawful purposes and in accordance with any instructions or directions provided to you.
Responsibilities of Simply Advice Websites and you
- You acknowledge and confirm that all information you provide to us is correct, current, and complete.
- You are responsible for any action or instruction carried out in conjunction with your User Identification Details.
- It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information on the Platform which you seek to rely upon.
- Simply Advice Websites will use reasonable care in preparing and maintaining the information on the Platform however Simply Advice Websites does not warrant the accuracy, reliability, adequacy or completeness of its content.
- Simply Advice Websites does not guarantee that access to the Platform will be uninterrupted or free from viruses or anything else which may damage any computer which accesses this Platform or any data on such a computer.
Compliance with regulatory requirements
- From time to time, the terms and conditions in relation to your use of the Platform will need to change for Simply Advice Websites to maintain its compliance with regulatory requirements.
- You acknowledge that Simply Advice Websites may impose additional fees to you for your continued use and access of the Platform should changes be required for Simply Advice Websites to maintain its compliance with regulatory requirements.
- Simply Advice Websites will provide you with at least two weeks’ notice of any changes required by you for Simply Advice Websites to comply with regulatory requirements before any fees are incurred.
- If mandatory regulatory requirements are unable to be implemented by Simply Advice Websites, Simply Advice Websites may use a third party to administer the required changes and these costs will be recovered from you.
Limitation of liability
- To the maximum extent permitted by law, Simply Advice Websites excludes all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the use or performance of the Platform.
- Where the law implies a warranty into these Terms which may not lawfully be excluded, Simply Advice Websites’s liability for breach of such a warranty shall be limited to the supply of the services to you again or payment of the cost of having the services supplied to you again.
- You acknowledge and agree that Simply Advice Websites owns all right, title and interest in information and materials (in whatever form or media) we provide to you or is provided to you on behalf of us that we develop (or are involved in developing).
- You own all right, title and interest to information and materials you provide to us or are provided to us on your behalf.
- The materials displayed on this website and Platform is protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your use and only provided that any copyright notice on such a display or page is not removed.
- You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any information and materials (to which Simply Advice Websites own right, title and interest) to any third party without our express prior written consent.
- Any reference to currency on the website and Platform is a reference to Australian dollars unless otherwise specified.
- Simply Advice Websites may terminate its agreement with the DMA as the platform administrator and/or your use and access of the Platform at its discretion and without prior notice to you.
- Should Simply Advice Websites terminate this Platform completely and/or commence an agreement with another platform administrator, you will be provided with three months’ notice prior to the date of termination and before any data from the Platform is exported to the other platform administrator provider.
- If you cease to continue to be a client of Simply Advice Websites and request for your data to be exported from the Platform, you will need to provide Simply Advice Websites with one month’s written notice before any data may be exported. You acknowledge that Simply Advice Websites will impose additional fees to you in relation to the cost of the DMA or any other platform administrator exporting your data from the Platform (export fees).
- These Terms are governed by and construed in accordance with the state of New South Wales, Australia. In the event that a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Licensee Partner advisers
- Clauses under this heading apply to sites where the firms AFSL holder is a Licensee Partner and the site owner has requested to participate in the Licensee Partner program.
- By participating in your licensees Licensee Partner program, and accepting the discounts/benefits that come with it, you acknowledge that the Licensee Partner:
- Will control the footer of your site or the pages linked there (including ‘About <Licensee Name>’ and ‘Important Information’, removing your ability to directly edit it.
- Will, with either the provision of two weeks notice or permission in writing from you, update the footer in your site and the pages linked there in order to meet the Licensee Partner’s branding and compliance requirements.
- Maintains all rights to intellectual property (including text and images) supplied by them through the Simply Advice Websites service.
- May make amendments to any aspect of your site required to comply with their licensee branding or compliance requirements where you have failed to do so within a two week notice period, and will pass on any costs associated with this change.
- May deactivate your site in the event that you are no longer licensed through your Licensee Partner, and have not successfully removed all reference to your Licensee Partner.
- If you wish to change licensee, a charge of $110 will be charged to you, in addition to any other costs associated with the change.
- If the Licensee Partner ceases to be a Licensee Partner, a charge of $110 will be charged to you to transfer you to the standard Simply Advice Websites service.
- Clauses under this heading apply to Licensee Partners.
- You accept responsibility for updating licensee-wide changes for your Licensee Partner program websites. Licensee-wide changes would include items such as change of AFSL details, change of AFSL logos, or a change to the General Advice Warning. Licensee-wide changes would not include updates that need to be tailored to each site, such as Adviser Profile updates, disclosures required for advisers with certain accreditations, or amendments recommended in an individual audit report.
- You commit to provide two weeks notice to the site owner before making any changes to a Licensee Partner program site.
- You commit to only make changes to assist advisers in meeting licensee branding requirements, unless you have express written permission from the site owner to do so.
- You do not charge a site owner more than 95% of the publicly listed prices for services provided through Simply Advice Websites.
- You may terminate the agreement at any time with 90 days notice provided to us, and a minimum of 30 days notice to your advisers.
- You cannot require anything of a site owner that contravenes the terms elsewhere in these terms and conditions.