Terms of Use

Current as at 02 Nov 2018

Privacy
Terms of Use

1. Overview

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. 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.

2. Services

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).

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).

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. We will also provide information services to both Customers and Advisers 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.

3. 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, in accordance with these Terms.

If You are registering as an Adviser 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.

4. 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. 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:

  1. are not impersonating any person or entity;
  2. are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information;
  3. 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
  4. will provide, on demand from Adviser Ratings, verification of your Credentials in such form as required by Adviser Ratings.

For Advisers, 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.

5. Adviser Information

Adviser Ratings relies on the information the Advisers provide and the ASIC Adviser Register in order to provide the ratings. This information is used by the Adviser Ratings algorithm 

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.

6. 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.

7. 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.

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:

  1. meet the Customer’s needs;
  2. meet the Adviser’s needs;
  3. be accessible at all times;
  4. be accurate, complete or current; or
  5. 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, 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. Privacy

We may collect, use and disclose your personal information for the limited purposes described in our Privacy Policy. We may send you emails about our services and opportunities or profiles that may be of interest to you. You may elect not to receive certain types of notifications from us.

Your registration and use of the Site is conditional upon you agreeing and complying with the Privacy Policy.

If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Site. The Site can only provide the intended services to users by using personal information in the manner contemplated.

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.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

18. 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.

19. 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.

20. 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.

21. Non-reliance

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.

Adviser Ratings is not responsible for any advice, opinions, representations or statements made by the Advisers or the quality of work or consultations provided by the Advisers.

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.

22. Changes to these Terms

We may change these Terms at any time. Before doing so, we will endeavour to give you reasonable notice of any such change. You must ensure that you regularly review these Terms to ensure you are familiar with the most up-to-date version. The latest version of these Terms, as posted on our Site, will govern our relationship with you.

23. Notices

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 5 Tower 3, 300 Barangaroo Ave, Sydney, NSW 2000]

24. Feedback

We will collect feedback from Customers about Advisers to assist improvements to the functioning of our search functionality and Site.

25. Assignment and novation

We may assign or novate any of our rights or obligations under these Terms without your consent.

26. Continued application

These Terms will continue to apply even when you are not using the Site and even if you de-register your account.

27. 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.

28. 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.

29. Nature of agreement

These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by us in entering this agreement, except those contained in these Terms.

30. 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.

31. Interpretation

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.

32. Last update to these Terms

These Terms were last updated on 14 October 2014..

 

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