Website Terms & Conditions-2018-June update

Website Terms & Conditions


1. Terms of Service

The terms and conditions contained in this agreement (Terms of Service) constitute a legally binding contract between Plencore Online ACN 601 265 598 (Plencore, Provider, We, Our, Us and other similar terms) and apply to the contractual arrangement with you (Subscriber, You, Your and other similar terms) and Your use of the application (Application) known as Financial Mappers.
Our contact information is as follows:

Plencore Online ACN 601 265 598
Glenis Phillips, Director
Unit 135, 37 Harbour Road, Hamilton QLD 4007
Telephone: 0411 086 532 | Nominated email address: admin@financialmappers.com.au

1.1 Acknowledgment

By clicking “I Accept”, the Subscriber

  • acknowledges and agrees to having had sufficient opportunity to read and understand the terms and conditions contained in this Terms of Service and that You are legally able to be bound to this Agreement
  • acknowledges that these terms and conditions were brought to Your attention prior to accepting them.
  • In agreeing to these terms and conditions, You warrant that:
  • the information provided regarding Your contact information is accurate; and
  • We may contact you to confirm information in relation to your offer to enter into this Agreement.

If You are not prepared to be bound by these terms and conditions,
You must immediately leave this website.

2. Definitions & interpretation

2.1 Definitions

In this agreement, unless the context or subject matter require otherwise:
Account means the user name and access credentials linked to an account authorised for the Subscriber to access and use the Application.

Agreement means the terms and conditions contained in this Terms of Service.

Application means the software described as Financial Mappers which the Subscriber obtains the right to access on the terms and conditions contained in this Agreement.

Business Day means:

  • for receiving a Notice, means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place where the Notice is received; and
  • for all other purposes, a day that is not a Saturday, Sunday, bank holiday or public holiday in Queensland, Australia.

Commencement Date means the date that Subscriber first agrees to the terms and conditions contained in this Agreement and subsequently obtains access to the Application.

Data means any information including information which the Subscriber or the Subscriber’s Planner inputs or uploads to the Application.

Dependent Software means any software which a Subscriber must have installed in order for the Application to operate effectively.

Documentation means any user manual, support, guides and explanatory notes or memoranda provided in either electronic or physical form by the Provider that may or may not be supplied with the Application as updated from time to time.

Force Majeure means an act of God, fire, lightning, explosions, flood or other natural disaster, subsidence, act of terrorism, insurrection, civil disorder or military operations, power or gas shortage, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and any other cause, whether similar or not to the foregoing, outside of the affected Party’s control.

Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Party means a party to this Agreement and Parties means both Parties to this Agreement.

Planner means an Adviser or Para Planner employed or authorised by a financial services provider who has authorised access to the Service and the Subscribers Data.

Planner Website means the website advised by the subscriber’s Planner.

Plencore Website means the website located at the https://www.financialmappers.com.au/.

Subscription Fee, where the Subscriber obtains access to the Application:

  • direct from Plencore, means the amount of money payable by the Subscriber to access and use the Application during the Term, as set out on the Plencore Website.
  • by way of invitation from a Planner, means any fee payable to the Planner.

Term, where the Subscriber obtains access to the Application:

  • direct from Plencore, means the period of time which the Subscriber obtains the right to access the Application as set out on the Plencore Website; or
  • by way of invitation from their Planner, means the period of time which Subscriber obtains the right to access the Application as agreed by the Subscriber and the Planner.

Update means any modifications, new or revised versions of the source code for the Application that are required for it to operate more efficiently as determined by Provider at its sole discretion.

2.2 Interpretation

In this Agreement:

  • a reference to:
    • one (1) gender includes the others;
    • the singular includes the plural and the plural includes the singular;
    • a person includes a body corporate;
    • a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;
    • a Party includes the Party’s executors, administrators, successors and permitted assigns;
    • a statute, revigulation or provision of a statute or regulation (Statutory Provision) includes:
      • that Statutory Provision as amended or re-enacted from time to time; and
      • a statute, regulation or provision enacted in replacement of that Statutory Provision;
    • an amount of money is an amount in Australian dollars ($AUD);
    • time is to Queensland time; and
    • a schedule refers to a schedule contained in this Agreement;
  • including and similar expressions are not words of limitation;
  • where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  • headings are for convenience only and do not form part of this Agreement or affect its interpretation;
  • where a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day; and
  • a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

3. Grant of right to access

3.1 Commencement and Term

This Agreement commences on the Commencement Date and continues for the Term unless terminated according to the terms and conditions contained herein.

3.2 Rights granted

  • The Provider grants the Subscriber a:
    • non-transferrable;
    • non-sub-licensable; and
    • limited, right to access and use the Application on the terms and conditions contained in this Terms of Service.

3.3 Use of the Application

  • The Subscriber agrees:
    • to use the Application only for its own purposes;
    • to use the Documentation only for the purpose for which it is provided; and
    • otherwise comply in all respects with its obligations contained in this Agreement.

3.4 Payment

  • Where the Subscriber obtains access to the Application direct from Plencore:
    • agrees to pay the Subscription Fee in exchange the right to access and use of the Application during the Term;
    • has agreed to the amount of the Subscription Fee shown on our Website at the time You agreed to be bound by the terms contained in this Agreement; and
    • must pay the Subscription Fee in the manner as reasonably directed by Plencore.
  • Where the Subscriber obtains access to the Application by way of invitation from a Planner, the Planner is responsible for payment of any Subscription Fee to the Provider.

3.5 Renewal or extension of the Term

  • Where the Subscriber obtains access to the Application direct from Plencore:
    • one (1) month prior to the expiry of the Term, the Provider will notify the Subscriber that the Term is about to expire;
    • the Provider will then invoice the Subscriber, or ask for payment via whatever reasonable means it determines, prior to the anniversary of the Commencement Date; and
    • if the Subscriber fails to renew this Agreement, after the expiry of the Term, then Subscribers right to use the Application ends and access to the Application will be removed within seven (7) days.
  • Where the Subscriber obtains access to the Application by way of invitation from their Planner:
    • the Subscriber is responsible for managing renewal of the Term directly with their Planner; and
    • the Agreement will only renew in accordance with the Planners directions to Plencore.

4. Rights in relation to Intellectual Property

4.1 Intellectual Property

  • The Subscriber does not obtain any express or implied Intellectual Property rights, in the Application beyond the right to use it for the Term as described in this Agreement.
  • The Subscriber retains ownership of the Intellectual Property in the Data (if any) uploaded to the Application and provides an irrevocable licence to the Provider to use the Data for the purpose of operating the Application for the Subscribers benefit.
  • Where the Subscriber obtains access to the Application by way of invitation from their Planner, the Subscriber grants an irrevocable licence to the Planner to use the Data for the purpose of operating the Application for the Subscribers benefit.

5. Requirements for use

5.1 Access

  • The Application is accessed by Subscriber accessing it through any of the following browsers:
    • Microsoft Internet Explorer 11 or higher;
    • Microsoft Edge;
    • Google Chrome;
    • Mozilla Firefox; and
    • Apple Safari.
  • For the Application to operate, End Users must have at least an ADSL2+, Cable, 4G, Fibre, or other form of internet connection with speeds greater than 10 Mbps.

5.2 Backing up Data

The Data held in the Application is backed up and stored securely in an offsite data centre.

5.3 Support

  • The Provider will provide reasonable levels of support via the Documentation available within the Application.
  • Problems with the Application may be referred to support@financialmappers.com.au.
  • Where the Subscriber obtains access to the Application by way of invitation from their Planner, matters relating to the financial services must be referred back to the Planner.
  • The Provider may offer separate support plans in the future in exchange for a fee at its sole discretion.

5.4 Scheduled maintenance

  • If it is necessary for Us to interrupt the Subscriber’s and Planners access to the Application, We will endeavour to provide reasonable notice (where possible) of when we anticipate that it will be unavailable.
  • Subscribers acknowledge that their access and their Planner’s access to the Application may be changed, interrupted or discontinued for many reasons beyond Our control and that during this time we may make upgrades to the Application which may change the interface and manner in which it functions.
  • You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to Your or Your Planner’s access to the Application.

6. Use of Account

6.1 User name and password

  • The Subscriber:
    • must keep all usernames and passwords used to access the Application strictly confidential and not provide them to any third party unless authorised by this Agreement.
    • is responsible for ensuring that it is the sole person accessing the Application using their Account. It is expressly prohibited to share Account details with third parties.

6.2 Security obligations

  • The Subscriber is responsible for:
    • all activity that occurs on the Application via its Account, whether authorised or not; and
    • ensuring the accuracy of Data entered into the Application via its Account.

7. Use of personal information

7.1 Privacy policy

The Subscriber acknowledges:

  • Data stored in the Application is stored on servers inside Australia and in accordance with our Privacy Policy. Our Privacy Policy as amended from time to time, is available on the Plencore Website; and
  • where the Subscriber obtains access to the Application by way of invitation from a Planner, the Planner will have access to all Subscriber Data which was entered into the Application during the period the Subscriber’s access was sponsored by the Planner.

7.2 Consent to the provision of information to third parties

The Subscriber acknowledges that its contact details may be provided to third parties that are necessary for the Application to operate effectively, including the Subscriber’s Planner.

8. Express prohibitions on use

  • The Subscriber agree they must not:
    • infringe Our Intellectual Property rights in the Application;
    • represent they are associated with or otherwise endorsed by the Provider other than to state that they subscribe to or use the Application;
    • pass themselves off as the owner of the Application;
    • use the Application in any way that could damage the reputation of Provider or the goodwill or other rights We enjoy;
    • permit any third Party to obtain access to the Application, or the Documentation;
    • reproduce, make error corrections to or otherwise modify or adapt the Intellectual Property in the Application or create any derivative works based on the Application and the Documentation;
    • de-compile, disassemble, decrypt, or otherwise reverse engineer the Application or permit any third party to do so;
    • transfer, sublicense, rent, lease, lend, license or otherwise transfer or assign the Intellectual Property in the Application; and
    • modify or remove any copyright or proprietary notices associated with on shown in the Application.
  • The Subscriber agrees that the above acts are essential terms of this Agreement. Should it be determined, by Us acting reasonably, the Subscriber has in fact done one of these things then We may terminate this Agreement in accordance with clause 13.

9. Duty of care

    • The Subscriber accesses the Application at their own risk and is responsible for compliance with the laws of their jurisdiction in addition to those contained in this Agreement.
    • We make the Application available to use, however, We do not assume a duty of care to the Subscriber. We makes no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Application because of the Data uploaded by the Subscriber.
    • The Subscriber must make its own investigations to ensure the Application is fit for the purpose which You would like to use it.

10. Warranties

10.1 Provider’s warranty

      • The Provider warrants that the Application will be free of defects during the Term.
      • The Subscriber expressly acknowledges and agrees that, to the maximum extent permitted by law, subject to the Provider’s compliance with the obligations contained in the Competition and Consumer Act 2010(Cth)(ACL) its officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, except the warranties that the Application is provided with clear title, is of acceptable quality, is fit for the particular purpose for which it were supplied and that it complies with its description (Non-Excludable Provisions).
      • the Company makes no warranty that:
        • the Application will meet Your exact requirements; or
        • the performance of the Application will meet Your expectations.

10.2 Subscriber warranties

      • Subscriber warrants that:
        • access to the Application has been obtained at Subscriber’s own discretion and risk;
        • it will use the Application strictly as required by any guidelines or recommendations provided by the Provider and in accordance with the Documentation;
        • it has made its own investigations into the suitability of the Application and is not relying on any representation not expressly made by the Provider; and
        • the Provider is not providing it with financial advice or financial product advice.
      • no advice or information, whether oral or written, obtained from the Provider in relation to the Application creates any warranty not expressly stated herein.

11. Limitation of liability

11.1 No liability for direct or consequential loss

    • Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
      • any inaccurate or incorrect information provided about the Application;
      • Subscriber’s use of the Application;
      • any failure or delay including, but not limited to, the use or inability to use the Application; and
      • any interference with or damage to Your computer which occurs in connection with use of the Application.
    • Nothing in this Agreement attempts to limit or exclude liability of the Company in compliance with section 64 of the ACL.

11.2 Limitation of liability

Any loss or damage which is or may be suffered by the Subscriber in connection with the use of the Application is expressly disclaimed by the Provider. The Provider limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable for the Provider to do so, to:

  • resupplying the Application for a further Term; or
  • the payment of fee associated with the right to access the Application paid by the Subscriber; or
  • paying the amount of the Subscription Fee to the Subscriber for one (1) year, whichever is the lesser.

12. Indemnity

  • The Subscriber indemnifies, and must keep indemnified, the Provider and its employees, officers and agents, against any actions, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the Provider, arising from or in connection with, either directly or indirectly Subscriber’s breach of any of its obligations contained in this Agreement, including, but limited to, the making of a warranty that is inaccurate or incomplete.
  • The Subscriber indemnifies, defends and holds harmless the Provider in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with:
    • any breach of a provision of this Agreement;
    • the Subscriber’s use or misuse of the Application including any negligent acts or omissions; or
    • use of the Application, including any third party claims made in connection with, or arising out of, Subscriber’s use of the Application.

    13. Termination

    13.1 Termination by the Provider

    The Provider may terminate this Agreement without notice if:

    • it no longer has the right to provide the Application for any reason whatsoever;
    • the Subscriber commits a breach an essential term of this Agreement which is not capable of being remedied, after first notifying Subscriber of such breach; or
    • it is notified, and after having made reasonable inquiries, the Subscriber;
      • is reverse engineering or otherwise creating derivative works based on the Intellectual Property contained in the Application; and
      • is attempting to circumvent any technological protection measure which limits the Subscriber’s ability to access multiple instances of the Application;
    • the Subscriber is using the Application for a purpose other than what is was designed for and is otherwise consuming resources well above what is considered normal or usual.

    13.2 Termination by Planner

    Where the Subscriber obtains access to the Application by way of invitation from their Planner and the Planner terminates the Account, the Provider may terminate this Agreement by providing the Subscriber with seven (7) days’ notice.

    13.3 Termination for non-payment

    • Where the Subscriber obtains access to the Application direct from Plencore:
      • the payment of the Subscription Fee is an essential term of this Agreement; and
      • the Provider may terminate this Agreement by providing the Subscriber with seven (7) days’ notice after the expiry of the Term if the Subscriber does not pay the Subscription Fee entitling it to access and use the Application.
    • Where the Subscriber obtains access to the Application by way of invitation from their Planner and the Planner fails to make payment for its license to the software, the Provider may terminate this Agreement by providing the Subscriber with seven (7) days’ notice after the expiry of the Term.

    13.4 Actions upon termination or expiry of the Term

    • On termination of this Agreement for whatever reason the Subscriber:
      • must stop accessing and using the Application within seven (7) days;
      • must return or destroy all copies of the Documentation if it is provided separately with the Application or in downloadable form; and
      • agrees the balance of any prepaid Subscription Fee is forfeited.

    13.5 Notices and other communications

    • For all correspondence including Notices in relation to this Agreement please contact the Provider at the address shown at the beginning of this Agreement.
    • If required, the Provider will contact the Subscriber via the contact details it has retained in its records. If the Provider has multiple contact details for Subscriber, it will use the most recent contact information to provide any Notices required.

13.6 Access to Data following termination

The Subscriber acknowledges, following termination of this Agreement, the Data will become irretrievable by the Subscriber.

14. General provisions

  • Access to the Application outside Australia – No representation or warranty is made the Plencore Website or Application complies with the laws of any country outside of Australia.
  • Assignment – Plencore may assign its rights and obligations under this Agreement by notifying the other of the terms of such an assignment.
  • Cooperation with law enforcement – We will cooperate law enforcement agencies when required to do so by an authority of competent and recognised jurisdiction.
  • Entire agreement – This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.
  • Event of Force Majeure – A Party who is prevented from performing any obligation under this Agreement (except an obligation to pay an amount of money) by the occurrence of an Event of Force Majeure is excused from the performance of any such obligation until they are no longer affect by the Event of Force Majeure. This clause does not apply to any obligation to pay money.
  • Further assurances – The Parties agree to sign all further documents as may be necessary to ensure that this Agreement complies with the laws of any jurisdiction that is outside the jurisdiction as required.
  • Governing law and jurisdiction – The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
  • Severance – If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.
  • Survival – Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.
  • Waiver – A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing and signed by the Party giving it.
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