Welcome to Adviser Ratings. These terms and conditions and all applicable service-specific terms ("Terms of Service" or "Agreement") govern your access to and use of any websites, mobile sites, mobile applications, products or services offered by Adviser Ratings.
Wherever used in these Terms of Service, “you”, “your”, “Customer”, "Adviser", "Licensee", "Authorised Representative of a Licensee" or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
We, Adviser Ratings Pty Limited ACN 154 273 640 (Adviser Ratings, ‘us’ or ‘we’), operate this website (www.adviserratings.com.au) (the Site). This page contains the terms and conditions (Terms) upon which we make the Site available to you. Adviser Ratings may from time to time, amend, update or change the Site including these Terms, without prior notice to you. You should periodically check these Terms for changes. We will notify customers of change in Terms if there are material changes to the Terms. These are the current Terms and replace any other terms and conditions of use previously published for this website.
It is important that you understand these Terms, as they form a legal contract that governs your use of the site. By accessing or using the site, you agree to be bound by these Terms.
"Authorised Users" or "Authorised Representative of a Licensee"
Means individuals who are directly accessing the Services via an online sign-up process, or individual users authorised by you to use the Services and who you have supplied user identifications and passwords to. Authorised Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any Adviser Ratings competitor.
Means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Adviser Ratings by or on your behalf in relation to the use of the Services.
"Fair Use Policy"
Means the limits placed on usage as described in Section 4.7.
Means a document issued by Adviser Ratings and executed or otherwise agreed upon by you, or your authorised representative that specifies, among other things, a description of the Services, the fees, the number of Subscriptions purchased, the Term, and any other details specifically related to the Services.
Means services provided to you by Adviser Ratings based on the plan you have purchased either through an online transaction or via an Offline Contract, but excluding Third-Party Services.
Means a single subscription associated with a single login to Services, assigned to one Authorised User.
Means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any instalments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).
Means products, services, applications, or websites made available by third parties through the Services (i.e., companies or people who are not Adviser Ratings).
3. General Advice
The information provided on the Adviser Ratings website is not intended to constitute business or other professional advice. It is provided as general information only and is not intended as a substitute for advice from a qualified professional such as a financial adviser who is familiar with the facts of your particular financial circumstances.
4.1 For Advisers
Adviser Ratings provides financial advisers the opportunity to be registered on its Site as an “Adviser”. The Adviser can be rated, listed, appear on the Site and where applicable, be referred to or introduced to customers or potential customers registered with the Site (the Adviser’s Services).
4.2 For Customers
A “Customer” may view and access the Advisers’ profiles of the site. We may ask a “Customer” to register with the Site in order to rate and review Advisers, receive access to or benefit from other services we provide from time to time or be introduced or connected to an Adviser (the Customer’s Services).
4.3 For Licensees
Adviser Ratings provides Australian financial services licensees the opportunity to be registered on its Site as a “Licensee”. The Licensee can update their company information and monitor the ratings and reviews of licensed advisers who appear on the Site and where applicable, be able to communicate with or introduced to advisers or potential advisers registered with the Site (the Licensee's Services).
4.4 The Adviser Ratings Services
Adviser Ratings is an on-line platform where Customers are able to access, review, compare and seek an introduction to Advisers who have been registered with the Site. Australian financial services licensees are also able to access, monitor and compare licensed Advisers. We will also provide information services to Customers, Advisers and Licensees, from time to time. (Adviser Ratings Services).
While we may facilitate the review and introduction of Advisers to Customers, Customers and Advisers will be responsible for entering into their own agreement between themselves. You understand that we are not a party to and will not have any liability with respect to the Services provided by Advisers.
Any terms a Customer enters with the Adviser in relation to the work to be provided will be binding on the Customer and the Adviser. Any terms which attempt to alter or modify these Terms must be agreed by Adviser Ratings in writing.
While we may facilitate the review and introduction of Licensees to Advisers, Licensees and Advisers will be responsible for entering into their own agreement between themselves. You understand that we are not a party to and will not have any liability with respect to the Services provided by Licensees.
Any terms an Adviser enters with the Licensee in relation to the license to be provided will be binding on the Adviser and the Licensee. Any terms which attempt to alter or modify these Terms must be agreed by Adviser Ratings in writing.
4.5 Updates and Functionalities
You acknowledge that from time to time Adviser Ratings may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, Adviser Ratings shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”). You acknowledge that the Services interoperate with several Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to Adviser Ratings on reasonable terms, Adviser Ratings may cease to provide such features to you without entitling you to refund, credit, or other compensation.
4.6 Acceptable Use
You shall (i) be responsible for your and your Authorised Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content; (iii) use commercially reasonable efforts to prevent unauthorised access to or use of the Services, including keeping you password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Services; (v) promptly notify Adviser Ratings if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorised disclosure or use of your (or any Authorised User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) make the Services available to anyone other than to your Authorised Users; (b) allow more than one individual Authorised User to use a Seat; (c) sell, trade, or otherwise transfer your Seats to another party; (d) use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (e) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (h) attempt to gain unauthorised access to the Services or its related systems or networks; or (i) authorise, permit, or encourage any third party to do any of the above.
4.7 Fair Use Policy
Adviser Ratings may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of Adviser Ratings.
4.8 Third-Party Products and Services
You acknowledge that the Services may enable or assist you to access, interact with, and/or purchase Third-Party Services from Supported Platforms and other third parties. When you access the Third-Party Services, you will do so at your own risk. These Third-Party Services may also allow you to store your Customer Content with the provider or operator of the Third-Party Services. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not Adviser Ratings. Adviser Ratings makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Adviser Ratings' right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
4.10 Beta Testing
From time to time, we may offer you the opportunity to install, use and test (the “Beta Testing”) certain of our Services prior to their commercial release (the “Beta Services”).
Beta Services are intended for evaluation purposes and not for production use and are subject to following additional terms:
(i) we grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable testing period;
(ii) you agree to provide suggestions, comments, or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all right, title and interest in and to the Beta Feedback. All Beta Services and your Beta Feedback are Adviser Ratings' Confidential Information, and Adviser Ratings may use your Beta Feedback in advertising and promotional materials with your prior consent (not to be unreasonably withheld);
(iii) we reserve the right to modify the Beta Services or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination;
(iv) you acknowledge that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services, and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; and
(v) the Beta Services are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services is at your sole risk. In no event will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Services.
5. Adviser Ratings' Products and Fees
5.1 Online Paid Services
For paid Services purchased online (“Online Services”), you must provide Adviser Ratings with a valid credit card or other payment method to pay for such services. Some Services may be available as a one-time purchase, and others can be purchased as a monthly or yearly subscription. You agree that Adviser Ratings has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Adviser Ratings retains in the future) your submitted payment information in order to process your purchase. Depending on the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Adviser Ratings does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel or downgrade your subscription to a charge-free subscription, you authorise Adviser Ratings to continue billing your credit card and/or other account and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
5.2 Free Trial Period
If you sign up for a free trial period for a Service that is subject to charges (the “Free Trial”), we may require you to provide us with a valid credit card or other valid payment method. We may start charging you automatically on the first day after the Free Trial is over, unless you cancel or downgrade to a charge-free Service and uninstall any Apps or other items, as required for cancellation, before the end of the Free Trial period. Please note that prior to the end of the Free Trial Widgets purchased via the Adviser Ratings directory may need to be uninstalled to avoid charges being incurred. The Free Trial is only available to first time users of a paid Online Service.
5.3 Subscription Services, Auto-renewal and Cancellation
If you are purchasing Online Services on a subscription basis, you may have the option to purchase a monthly or a yearly subscription, which will automatically renew at the end of its applicable term. Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such Online Services) and are non-refundable for the subscription period they are purchased for. You agree that Adviser Ratings may process your credit card or other valid payment method on each monthly, annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to Online Services. If your paid subscription to Online Services began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), we will process your payment on the last day of such month. You may elect to cancel or downgrade your Online Services at any time by emailing email@example.com or phoning 1300 889 287. Widgets purchased as part of your Subscription must be uninstalled separately to avoid charges being incurred. If you subscribed to a monthly plan, your account may immediately be downgraded to a charge-free account, but no credit will be issued for any prepaid fees. If you subscribed to a yearly plan, the downgrade will only be effective at the end of the then-current annual billing period and no credits or refunds will be issued to you for prepaid fees. Online Services purchased for a one-time fee (such as Adviser video production or content marketing packages) are not refundable.
5.4 Late Payment
If any amounts due hereunder are not received by Adviser Ratings by the due date, then at Adviser Ratings' discretion, upon 10 days' written notice, Adviser Ratings may suspend your access to the Services if Adviser Ratings does not receive the amounts invoiced hereunder at the expiration of such period.
5.5 Taxes and Withholdings
You are responsible for paying all Taxes associated with your purchase of Services. If Adviser Ratings has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Adviser Ratings receives an amount equal to the sum it would have received had no such deduction or withholding been made.
6 Term and Termination
6.1 Term of the Agreement ("Term")
For Online Services, the term of this Agreement shall commence on the day you access the Services for the first time and shall continue until your subscription ends, or your account is cancelled and you cease using our Services. If you purchase Services via an offline contract, the term of this Agreement shall commence on the day you sign the offline contract and shall continue until your subscription ends, or your account is cancelled and you cease using our Services.
If you violate the letter or spirit of this Agreement, abuse the Services, or otherwise create risk or possible legal exposure to Adviser Ratings, we can terminate or suspend your access to the Services at our sole discretion. We will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your account. You may also cancel or disable Services at any time. For cancellation procedure, and for further assistance, email firstname.lastname@example.org or phone 1300 889 287.
6.3 Effects of Termination
Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by Adviser Ratings; and (iii) you will pay Adviser Ratings all unpaid amounts owing to Adviser Ratings.
Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
7. Who are ‘you’?
For the purposes of these Terms, ‘you’ means (in most cases) the individual, natural person accessing or using the Site. Upon registration or where we require your email, you will either be an Adviser or a Customer or a Licensee or Authorised Representative of a Licensee, in accordance with these Terms.
If You are registering as an Adviser or a Licensee on behalf of your employer, You could be a company, a partnership, a company or other legal entity. ‘You’ will be taken to have represented to us that you have authority to do so on your employer’s behalf and these Terms will be binding on your employer, the partnership, company or legal entity.
8. Company accounts
You must not create an account in the name of any company or organisation, or otherwise hold yourself out as being a representative of a company or organisation, unless you are authorised by that company or organisation to do so.
When you sign up, you may be requested to provide your name, email address, work/position title, phone number and information about your company and such other information to enable your registration as either a Customer or an Adviser or a Licensee or Authorised Representative of a Licensee. These are your credentials for accessing certain services on the Site. For Advisers you will provide further information in relation to your qualifications and professional performance as a financial adviser (hereinafter referred to as Credentials).
In doing so, you agree that you:
- are not impersonating any person or entity;
- are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information;
- are authorised to create an account in the name of the company or organisation or otherwise hold yourself out as having an association with the company or organisation; and
- will provide, on demand from Adviser Ratings, verification of your Credentials in such form as required by Adviser Ratings.
For Advisers and Licensees, we may, from time to time, use any of your Credentials to make our own enquiries as to the completeness, accuracy or truthfulness of your Credentials and the information you have provided us. If you do not provide sufficient evidence within the time requested, we may suspend or cancel your account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or company’s identity we may without notice to you, disclose that information to any relevant persons or authorities.
9. Adviser Information
Adviser Ratings relies on the information the Advisers provide in order to provide the ratings. This information is used by the Adviser Ratings algorithm (see information How we rate on our Site).
You warrant and represent that the information you provide as an Adviser is and shall remain accurate, true and correct and that you will update this information held by Adviser Ratings as soon as possible.
Adviser Ratings reserves the right to suspend your profile or cancel your registration as an Adviser, at any time, on Adviser Ratings forming the view in its absolute discretion that Adviser Ratings’ brand, operations (including Site, any blogs or membership) or business (including its Customers, partners or affiliates) may be adversely affected or harmed as a result of your continued registration as an Adviser.
10. Licensee Information
Adviser Ratings relies on the information the Licensees provide in order to provide accurate information to the public and Advisers.
You warrant and represent that the information you provide as a Licensee is and shall remain accurate, true and correct and that you will update this information held by Adviser Ratings as soon as possible.
Adviser Ratings reserves the right to suspend your profile or cancel your subscription as a Licensee user of Adviser Ratings, at any time, on Adviser Ratings forming the view in its absolute discretion that Adviser Ratings’ brand, operations (including Site, any blogs or membership) or business (including its Customers, partners or affiliates) may be adversely affected or harmed as a result of your continued registration as a Licensee.
11. Payment and GST
Our prices, where applicable, will state whether they include or exclude GST. If for some reason this is not shown, the price excludes GST and you must pay GST on our supply at the prevailing rate (currently 10%). We will issue you a tax invoice for any GST payable by you. ‘GST’, ‘tax invoice’ and related terms have the same meanings as in the A New Tax System (Goods and Services Tax) Act 1999.
12. No liability for decisions relating to Services
You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Customer or provide as an Adviser, or Licensee.
The Site, including all services made available or accessed through the Site, is provided on an “as is” basis.
Adviser Ratings specifically disclaims any other representation or warranty (express or implied) including any warranty of performance, merchantability or fitness or suitability for a particular purpose.
Adviser Ratings does not provide personal financial advice, nor do we take into account any Customer’s individual circumstances when we provide the Customer Services. Always seek independent advice and consider whether the advice meets your needs.
Adviser Ratings makes no representation or warranty (express or implied) that the Site or Adviser Ratings Services will:
- meet the Customer’s needs;
- meet the Adviser’s needs;
- meet the Licensee's needs;
- be accessible at all times;
- be accurate, complete or current; or
- be free from viruses.
Subject to any express terms, Adviser Ratings makes no representation or warranty as to the volume or subject area of services accessible through the Site.
8. Use and display of company names and logos
If you sign up to the Site as an Adviser or Customer or Licensee, you consent to us displaying the name and/or logo of the relevant company or organisation on the Site, both in the context of a specific Services being offered and generally. The name of your company may appear in lists on the Site that are visible by other users (for example in dropdown menus or auto-filling text entry forms). You acknowledge that, if you post content on the Site, the fact that your company or organisation is using the Site does not constitute confidential information.
In addition, you consent to us promoting the website in media and advertising independently of the Site (whether online, in print advertising or otherwise), and using and publishing the name and/or logo of the relevant company or organisation for this purpose. You acknowledge and agree that we are not required to obtain your consent before doing this, provided we use your company name and logo in a manner that is consistent with your Posted Content and we do not do anything that could result in you or your company breaching applicable laws.
13. No liability for Posted Content
We do not have, and expressly disclaim, any liability to you in connection with any content, reviews, information or material you upload to the Site (Posted Content). We cannot guarantee, and make no representations in relation to the completeness or accuracy of any Posted Content.
If you post content to the Site, you warrant and you must ensure:
- its contents are truthful and is or will upon supply to the Customer or Adviser, be provided with such other information as is reasonably necessary to ensure that (i) the Customer is fully informed as to the services being offered by the Adviser; or (ii) the Adviser is fully informed as to the Services being sought by the Customer;
- it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought;
- it is compliant with all applicable laws and licensing requirements;
- the Posted Content does not contain links to any external website other than specified in the website field, unless we have given our prior written consent.
We may remove any Posted Content if we consider, acting reasonably, you or any other users have breached these Terms or if maintaining the content presents a risk to Adviser Ratings’ reputation or business and operations (including the Site).
We do not, nor are we under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so.
You are solely responsible for all of your Posted Content. You agree to indemnify us, and keep us indemnified, from and against any claims that arise in connection with your Posted Content.
We will not have any liability in connection with the deletion, loss, or unauthorised modification of any of your Posted Content.
The website reserves the right to keep the Posted Content on the Site indefinitely unless it is removed earlier by the Adviser or Customer. Any part of Posted Content may be edited after it has been uploaded to the Site.
14. Use of Posted Content
You may not use any Posted Content for any purpose other than for the purpose for which it has been posted.
15. Automated use of the site
Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the site. You may not provide unauthorised interfaces to any of our applications.
16. Username and password
You must keep your username and password secure, and you must not disclose those details to any other person. You may not transfer your account to another person.
You are solely responsible for the consequences of any use of your username and password by third parties, regardless of whether that use is authorised.
If you believe that your username and password is being used by someone else, please contact us immediately.
17. Prohibited content
Notwithstanding anything to the contrary in these Terms, you must not do any of the following without the prior express written permission of Adviser Ratings:
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Site including the algorithm used by Adviser Ratings to rate the Advisers;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including spam or other unsolicited mass e-mailing techniques;
- use the Site for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- use the Site that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- post content which contravenes a confidentiality or non disclosure agreement, insider trading laws, or intellectual property rights which you are not authorised to transfer to another party;
- conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
- copy, collect or save information about other users including their skills, employment or education history;
- publish advertising material of any kind or market any goods or services directly to other users;
- introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
- stalk or harass anyone;
- attempt to disrupt or interfere with the delivery of our service or the services of our partners and clients;
- use the details of other users for anything other than the use expressly permitted by those users;
- download, access, use, harvest or download in bulk user details other than to fill vacant positions as contemplated by the Site or as otherwise explicitly permitted by us in writing;
- sell, redistribute or use information contained on the Site for a commercial purpose without our prior written consent;
- pass on user name and password information to anyone other than the authorised member/ customer of that account;
- remove or alter Adviser Ratings’ copyright notices or other means of identification including any watermarks, as they appear on the services or Site;
- provide to any persons who are not authorised users of the Site, any part of the information included in the services or content, except as permitted in these Terms;
- distribute or publish any part of the information or content included in the services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
18. Refusal of service
Notwithstanding anything else in these Terms, we may, in our absolute discretion, refuse you or any other person access to part of the Site at any time and for any reason. We may delete any Posted Content that we consider, in our absolute discretion, breaches these Terms or may cause reputational or operational harm to Adviser Ratings, should the content remain on the Site.
19. Intellectual property
We own or are licensed to use all intellectual property in the Site, with the exception of Posted Content, which shall remain your intellectual property but which you license to Adviser Ratings in accordance with the license below. You may not use any of our intellectual property for any purpose other than as may be required to use the Site for its intended purpose.
In relation to Posted Content and your use of the Site, you grant to us an unconditional, world-wide and irrevocable license, fully paid and royalty free license and right to use, display, copy, modify, adapt and publish all such intellectual property and that content for any purpose.
By using the Site, you warrant that you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post, as well as the right to use or displasy any image or logo. You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your content.
20. Trade marks
You may not use or display any trade marks on this Site without first obtaining the consent of the owner of the trade mark. We own the distinctive ' Adviser Ratings' brand and logo.
Nothing on this Site creates any right on your part (express or implied) that would allow you to use or display a trade mark that you do not own, regardless of whether the trade mark is currently registered.
If you intend to post any personal information on this Site that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.
22. Links to other sites
This Site may contain links or portals to other websites. We have no control over websites operated by third parties and we are not responsible for, and will not accept any liability in connection with, your access to or use of any third party website.
23. Continuity of service
We aim to provide a service that is continually available and capable of use. However we may suspend your account and your access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend your account or access to the Site include (but shall not be limited to):
- maintaining the Site or changing its features or functionality;
- you don’t use your account for an extended period;
- a breach of these Terms;
- faults, service outages or other technical problems;
- a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.
Unless the reason for suspension is unexpected or relates to some wrongful conduct by you, we will endeavour to give you reasonable notice before suspending your account or your access to the Site.
We will not have any liability in connection with any suspension of your account or your access to the Site, regardless of the reason for suspension.
24. Limitation of liability and indemnity
You use the Site entirely at your own risk.
We are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site, or any other person’s use of or conduct in connection with the Site, in any circumstance.
We cannot guarantee or warrant that any file you download from the Site or we deliver to you via email will be free of infection or virus, worms, Trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from this type of issue.
You indemnify us, and agree to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Site, including any breach by you of these Terms or any applicable law or licensing requirements
To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Site.
To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
The services provided by Adviser Ratings are provided to enable communication between Adviser and Customer. Adviser Ratings is an ‘arms-length’, independent provider of services to all users of this Site. Nothing in this contract is intended to create a partnership, joint venture, agency or employment relationship.
Adviser Ratings is not an agent for an Adviser or Customer or Licensee.
Adviser Ratings is not responsible for any advice, opinions, representations or statements made by the Advisers or Licensees or the quality of work, products or consultations provided by the Advisers or Licensees.
You understand and agree that (i) Adviser Ratings will not assume any liability with respect your interactions with any Adviser, and (ii) the knowledge and opinions of Advisers is not ours, and we do not endorse them or any other information provided by any user.
Only the Customer has the right to read and use the Adviser’s content, opinions or work arising in respect of a consultation. If any of the content, opinions or work provided to you by the Adviser is to be relied upon by a third party, the Customer shall indemnify and hold harmless, Adviser Ratings in respect of any damages claimed by any such third party in respect of reliance on any such work, content or opinions.
26. Changes to these Terms
Adviser Ratings may from time to time, amend, update or change these Terms, without prior notice to you. You should periodically check these Terms for changes to ensure you are familiar with the most up-to-date version. We will notify customers of change in Terms if there are material changes to the terms. The latest version of these Terms, as posted on our Site, will govern our relationship with you.
Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.
You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office, which is as follows:
Adviser Ratings Pty Ltd
[Level 2, 50 Bridge Street, Sydney NSW 2000]
We will collect feedback from Customers about Advisers to assist improvements to the functioning of our search functionality and Site.
29. Assignment and novation
We may assign or novate any of our rights or obligations under these Terms without your consent.
30. Continued application
These Terms will continue to apply even when you are not using the Site and even if you de-register your account.
31. Variation or Waiver
No variation to or waiver by us of any provision of these Terms, nor any consent to depart from any of its terms is effective unless it is confirmed in writing and signed by us. A variation, waiver or consent is effective only in the circumstances for which it is made or given.
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.
Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
32. Cumulative Rights
The rights, powers and remedies provided to us in these Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Terms.
33. Entire Agreement
34. Governing Law and Jurisdiction
These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
Unless it is inappropriate in the context:
- the singular includes the plural and vice versa;
- a reference to an individual or person includes a corporation, firm and government body and vice versa;
- a reference to a clause is to a clause of these Terms;
- a reference to ‘dollars’ or ‘$’ is to an amount in Australian currency;
- a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
- any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
- the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
- a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
- a reference to one gender includes each gender; and
- headings are included for convenience and do not affect interpretation.
36. Last update to these Terms
These Terms were last updated on 22 December 2016.