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”).
- Your access and use of the Platform are governed by these terms and conditions (Terms).
- Your access and use of the Platform constitute 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 to 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’ 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 in information and materials you provide to us or are provided to us on your behalf.
- The materials displayed on this website and Platform are protected by copyright, trademark, 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).
- You may terminate your ongoing engagement with Simply Advice Websites by providing us two months written notice.
- 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.
- Simply Advice Websites reserve the right to index prices annually. Simply Advice Websites might change their prices at any time by providing two months’ notice.
- We will include your website in the Simply Advice Websites portfolio. This may include a story about your journey as a client and a link to your new website. It may be shared on social media and may also include a quote or testimonial from you if you have provided us with one. If you do not want to be included in this portfolio, please let us know.