Terms and Conditions

 

Terms and Conditions

1.        About the Website

1.1     Welcome to www.simplywalthgroup.com.au (“Website”).

1.2     The Website provides you with an opportunity to browse various services that have been listed through the website(“Services”). The information contained on this website is not intended to be advice. It is for information purposes only. Where any part of this site is construed to be advice it is General Advice only. It does not constitute legal, tax or financial advice and you should always seek professional advice in relation to your individual circumstances. Before any person acts on any information in this document they should consider the appropriateness of the information, having regard to their objectives, financial situation and needs. Before making any decision about whether to acquire a  individuals should seek professional advice from their licensed adviser.

1.3     The Website is operated by Simply Wealth Pty Ltd (ACN 638 960 362). Access to an use of the Website, or any of its associated services is provided by Simply Wealth Pty Ltd. Please read these terms and conditions (“Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, If you do not agree with the Terms, you must cease usage of the Website, or any of Services immediately.

1.4     Simply Wealth Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Simply Wealth Pty Ltd updates the Terms, it will use reasonable endeavors to provide you with the notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2.        Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Simply Wealth Pty Ltd in the user interface.

 

3.        Registration to use the Services

3.1     In order to access the Services we provide, you must first register as a use of the Website. As part of the registration, process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details, including,

(a)      Email address

(b)     Preferred username

(c)      Your name

(d)     Mailing address

(e)      Telephone Number

3.2     You warrant that any information you give to Simply Wealth Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

3.3     Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agreed to be bound by the Terms. As a member you will be granted immediate access to our Services.

 

 

 

3.4     You may not use the Services and may not accept the Terms if

(a)      You are not of legal age to form a binding contract with Simply Wealth Pty Ltd; or

(b)     You are a person barred from receiving Services under the Law of the Australia or other countries including the country in which you are resident from which you use the Services.

 

4.        You obligations as a Member

4.1     As a Member, you agree to comply with the following

You will use the Service only for the purposes that are permitted by

(a)      The Terms;

(b)     Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c)      You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use your password by any other person may result in the immediate cancellation of the Services;

(d)     any use of your registration information by any other person or third parties, is strictly prohibited. You agree to immediately notify Simply Wealth Pty Ltd of any unauthorized use of your passwords or email address or any breach of security of which you have become aware.

(e)      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purpose of Simply Wealth Pty Ltd providing the Purchase Services;

(f)      you will not use the Services of Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website;

(g)      you agree that commercial advertisement, affiliate links, and other forms of solicitation may be removed from the Website without notice and my result in termination of the Services. Appropriate legal action will be taken by Simply Wealth Pty Ltd for any illegal or unauthorised use of the Website; and

(h)     you acknowledge and agree that any automated use of the Website or its Services is prohibited;

 

5.        Copyright and Intellectual Property

5.1     The Website, the Services and all of the related products of Simply Wealth Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright) in the site content and compilation of the website(including text, graphics, logos, button icons, video images, audio clips and software) (“Content”) are owned or controlled for these purpose, and are reserved by Simply Wealth Pty Ltd or its contribute.

5.2     Simply Welath Pty Ltd retains all rights, title and interest and to the Website and all related content. Nothing you do or in relation to the Website will transfer to you:The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Simply Wealth Pty Ltd; or

5.3     the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

5.4     a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process.

5.5     You may not, without the prior permission of Simply Wealth Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in a way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the publick domain.

6.        Privacy

Simply Wealth Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the use of Application and /or purchase of the Services are subject to Simply Wealth Pty Ltd’s Privacy Policy, which is available on the Website and Application.

 

7.        General Disclaimer

7.1     You acknowledge that Simply Wealth Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the services other than provided for pursuant to these Terms.

7.2     Simply Wealth Pty Ltd will make every efforts to ensure the Services is accurately depicted on the Website, however, you acknowledge that size, colors and packaging may differ from what is displayed on the Website.

7.3      Noting in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australia Consumer (or any liablity under them) which by law may not be limited or excluded.

7.4      Subject to the clause, and to the extent permitted by law,

 (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded and

 (b) Simply Wealth Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is re resulting from our failure to meet an application Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Service or these Terms ( including as a result of not being able to use the Service or the late supply of the Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statue or otherwise.

7.5     Use of the Website, the Service, and any of the products of Simply Wealth Pty, Ltd (including the delivery of the Service) is at your risk. Everything on the Website, the Services and the products of Simply Wealth Pty Ltd, are provided to you on “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Simply Wealth Pty make any express or implied representation or warranty about its contents or services of Simply Wealth Pty Ltd referred to on the Website.

7.6     This includes (but is not restricted to ) loss or damage you might suffer as a result of any of the following:

(a)      Failure of performance, error, omission, interruption, deletion, defect,

(b)     Failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of date, communication line failure, unlawful third party contact, or theft, destruction alternation or unauthorised access to records;

(c)      The accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisement of the Website);

(d)     Costs incurred as a result of you using the Website, the Services or any of the Products;

(e)      The content or operation in respect to links which are provided for the User’s convenience;

(f)      Any familure to complete a transaction, or any losing arising from e-commerce transacted on the Website; or

(g)     Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

8.        Limitation of Liability

8.1     Simply Wealth Pty Ltd’s total liability arising out of or in connection with the Service of these Terms, however arising, including under contract, torts (including negligence), in equity, under statute of otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the purchase price, then the total liability of Simply Wealth Pty Ltd is the resupply of information or services to you.

8.2      You expressly understand and agree that Simply Wealth Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damage which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8.3     Simply Wealth Pty Ltd is not responsible or liable in any manner for any site content (including the content and third party content) posted or caused by user of the website of Simply Wealth Pty Ltd, by third parties or by any of the Services offered by Simply Wealth Pty Ltd.

8.4     You acknowledge that Simply Wealth Pty Ltd does not provide the Delivery Services to you and you agree that Simply Wealth Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

 

9.        Termination

 

9.1     The Terms will continue to apply until terminated by either you or by Simply Wealth Pty Ltd as set out below,

9.2     If you want to terminate the Terms, you may do so by,

(a)      notifying Simply Wealth Pty Ltd at any time; and

(b)     Simply Wealth Pty Ltd is required to do so by law

(c)      the partner with whom Simply Wealth Pty Ltd offered the Service to you has terminated its relationship with Simply Wealth Pty Ltd or ceased to offer the Services to you;

(d)     Simply Wealth Pty Ltd is transitioning to no longer providing the Service to users in the country in which you are resident of from which you use the service; or

(e)      the provision of the Services to you by Simply Wealth Pty Ltd is in the opinion of Simply Wealth Pty Ltd, no longer commercially viable.

9.3     Subject to local applicable laws, Simply Wealth Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all of any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if you conduct impacts Simply Wealth Pty Ltd’s name or reputation or violates the rights of those of another party.

9.4     When the Terms comes to an end, all the legal rights, obligations and liabilities that you and Simply Wealth Pty Ltd have benefited from, been subject to (or which has accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cession, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

10.     Indemnity

10.1   You agree to indemnity Simply Wealth Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website.

(b) any direct or indirect consequence of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c ) any breach of the Terms

 

11.     Complaint

11.1  If for any reason, you do not feel that you have received the highest standard of care from Simply Wealth Pty Ltd, we encourage you to share this with us. Simply Wealth Pty Ltd has developed a process that makes it easy for you to tell us of your concerns and for them to be addressed quickly and fairly. If you choose to contact us by mail or email, please make sure you provide as much detail as possible about your complaint.

11.2  If you have lodged a complaint with us, you can contact us at any time to ask for an update on its status. Contact us through any of the methods listed above and please be sure to refer to your earlier communication so that we can respond effectively.

11.3  We will try to deal with your complaint on the spot. However, if this is not possible, we will write to you to acknowledge your complaint within 5 days. We will ensure we treat you fairly and will work to resolve your complaint as soon as possible. In the rare event we are still investigating your complaint after 45 days, we will write to you to explain why and to let you know when we expect to have completed our investigation. When we have completed our investigation we will write to let you know the outcome and the reasons for our decision.

11.4  We hope that you will be satisfied with how we deal with your complaint. However, if your concerns remain unresolved, or you have not heard from us within 45 days, then you can have your complaint heard by an independent party, the Credit and Investments Ombudsman (CIO). You can contact CIO at:

1800 138 422 (local call cost)
Credit and Investments Ombudsman
PO Box A252
Sydney South NSW 1235

 

12.     Dispute Resolution

12.1  If a dispute (“Dispute”)arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with ( except where urgent interlocutory relief is sought).

12.2  A party to the Terms claiming the dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

13. Resolution

13.1  On receipt of that notice(“Notice”) by the other party, the parties to the Terms must:

(a)      Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)     If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australia Mediation Associate or his or her nominee;

13.2  All communication concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.3   If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to termination the mediation and the mediator must do so.

13.4  The Services offered by Simply Wealth Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

 

14. Governing Law

The Terms are governed by the law of Victoria, Australia,. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the law of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Term shall be binding to the benefit of the parties hereto and their successor and assigns.

 

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advices and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restrained of trade.

 

16. Severance

If any part of these Terms in found to be void or unenforceable by a Court competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.