Terms & Conditions
Last update: 20/11/19
This site is owned and operated by myprosperity Aust Pty Ltd ACN 155 242 185, an independent provider of property and financial management tools and platforms.
You have been given the opportunity to become a user of this site as a client of myprosperity, in accordance with the myprosperity terms and conditions.
myprosperity may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect.
If you have any questions or need clarification on any issue please email us at email@example.com.
The Website is operated by myprosperity.
You must register a User Account to access and use the Website and Services. You must provide us with certain personal information (which may include your name, address, telephone number, credit card details and debit card details) and your current email address in order to register a User Account, upload Materials to our database and access and use the Services. We may use your notified email address to contact you or send you notifications, tax invoices, alerts and other communications from time to time. You acknowledge that we may be unable to provide you with the Services or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address. User Accounts are only available to persons who are at least eighteen years of age or otherwise have the permission of an adult. If you do not qualify for a User Account, do not apply for or register a User Account or use this Website. By registering a User Account for the Website you warrant that you are at least eighteen years of age or otherwise have the permission of an adult. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering a User Account or using the Website. User Accounts must be applied for using the online registration process available on the Website. An application to register a User Account constitutes an offer by you to register a User Account of the type selected and is subject to acceptance by us at our sole discretion. We will confirm acceptance to you by sending you an email or other notice confirming that your User Account has been enacted. We reserve the right to refuse an application for registration of a User Account by any person for any reason at our discretion. We will refund any Subscription Fee you paid if we refuse the application to register the User Account.
2. Referring Provider
If you acquired a User Account via a Referring Provider, your access to the Website continues only while the arrangement between us and the Referring Provider continues, subject to this paragraph. You agree that the Referring Provider may upload materials to your Account and will have full access (including editing capability) to all Materials you upload to the Website or the Referring Provider uploads on your behalf. You may limit or block that access by changing the guest access permissions in your User Account. We are not responsible for any access to or use of your Materials by the Referring Provider. If our arrangement with the Referring Provider ends for any reason, we may offer you an opportunity to continue your access to the Website and Materials by a direct arrangement with us, subject to these Terms. If you are a Referring Provider, you warrant that the holder of the applicable User Account consents to your access to their Materials.
3. Usernames and Passwords
Your User Account and the Services are accessible via a unique username and password combination. You are responsible for submitting your own username and password as part of and in accordance with the requirements of the online User Account registration process. Usernames are subject to availability and any other restrictions (including acceptable numbers and types of characters) as specified on the Website from time to time. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so. You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your password. You may create additional passwords for use by others authorised by you (Guests) to access your User Account or Materials (including Materials relating to or posted by your Guests) from time to time (Additional Passwords). Additional Passwords may permit access to your User Account, Materials and the Services without limitation; for a limited time only; and/or to specific parts of your User Account, Materials and the Services only, at your discretion. If you give a Guest access to your User Account, subject to the access permissions you specify within the capabilities of the Website, the Guest has full access to all your Materials and you have full access to all Materials which relate to them. You are solely responsible for all use of your password and for the actions of any person for whom you have created an Additional Password and are solely liable for (and indemnify, defend and hold harmless myprosperity its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by any person directly or indirectly as a result of: (i) you disclosing your password to a third party; (ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; (iii) any person’s access to or use of your password or an Additional Password; or (iv) access to or use of your Materials by a Referring Provider. You must notify us immediately by email if you have any reason to believe that your password or an Additional Password has become known to anyone else without your authorisation, or if your password or an Additional Password is being, or is likely to be, used in an unauthorised manner. In such a case, we will cancel the relevant password and send you a new one by email within a reasonable time of being notified. You may change any new password allocated by us by updating your User Account settings after you have logged into the Website.
4. Subscription Fees
Certain types of User Accounts are subject to payment of monthly Subscription Fees. The features of those User Accounts and applicable Subscription Fees from time to time are specified on the Website. Subscription Fees are payable in advance and are non-refundable except as expressly provided in these Terms. We will not accept an application to register a User Account for which Subscription Fees are payable or begin providing any corresponding Services until the initial monthly Subscription Fee in respect of the relevant User Account is received by us in full. Applicable Subscription Fees must be paid when you apply to register your User Account and then on or before the expiry of each monthly period after the date of the initial Subscription Fee payment in order to maintain your User Account. We may change Subscription Fees or add other fees from time to time by sending a notification of the change to your last notified email address at least 30 days before the changes come into effect. Subscription Fees and all other fees, charges and prices are stated on the Website in Australian dollars and are inclusive of applicable taxes. You are responsible for paying all fees and taxes (including any goods and services or similar value added taxes) in respect of your User Account and we reserve the right to charge you such applicable taxes. In these Terms, a reference to payment of Subscription Fees includes payment by a Referring Provider, where applicable.
Subscription Fees must be paid through the Website via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe). Access to the Website and your Materials is conditional on timely payment of all Subscription Fees by you or your Referring Provider, where applicable. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment for a particular Subscription Fee, the payment will not be processed. If the applicable Subscription Fee is not paid to us or automatically debited for any reason by the due date, we may cancel your User Account or temporarily deny you access to the Website or the Services until such time as payment of the Subscription Fee is received by us in full. All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe from time to time. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe. To the extent legally permitted, in no event will myprosperity be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Stripe. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and Stripe.
6. Changing subscriptions
7. Cancellations and suspensions
8. Retention of your information
We will retain a copy of your Materials until 14 days after the date on which your User Account expires or is cancelled for any reason or your access to the Website is terminated, whichever occurs first. On expiry or cancellation of your User Account or your access to the Website or the Materials, we will allow you 14 days to download a copy of the Materials. We may delete or destroy your Materials at any time after that date at our discretion. You are solely responsible for complying with accounting, tax and other applicable laws. You must ensure that uploading and storage of your Materials to the Website meets applicable law including data retention laws.
9. Intellectual property
Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by myprosperity, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Brands, names, images and logos displayed on the Website may be the subject of registered trade marks of myprosperity, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to access services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
10. Right to upload and reproduce materials
You must not upload to our database any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with myprosperity’s procedures and policies in respect of uploading information and materials as specified on the Website from time to time. You warrant that you own all copyright in, or otherwise have the right to upload to our database, reproduce and permit us to reproduce, your Materials. Solely to enable us to provide the Services to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.
11. ISP charges
Your internet service provider may impose a connection or data charge for all Materials uploaded to or downloaded from the Website. You are responsible for informing yourself about and paying any applicable connection or data charges.
We may send automatically generated updates, alerts, reminders or other notifications (together Notifications) to your last notified email address from time to time if you elect to receive such Notifications as part of the Services. You may elect to receive only specific types of Notifications and may deactivate any Notifications by written notice to us at any time. We will use reasonable endeavours to cease sending you Notifications within a reasonable time after receiving your written notification to deactivate Notifications. We may also cease to provide Notifications at any time at our sole discretion. You acknowledge that Notifications may include your User Account username and information regarding your financial affairs or accounts (such as due dates and outstanding balances) and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, do not elect to receive Notifications.
13. Third Party Providers
For us to provide the Services to you or for you to access Third Party Websites and Third Party Accounts via the Website, we may be required from time to time to: (a) use your Materials to access or directly link to Third Party Websites and your Third Party Accounts; (b) disclose your Materials to Third Party Providers; (c) retrieve information from Third Party Providers and Third Party Websites about you or about your Third Party Accounts; and (d) view details of your Third Party Accounts.
We currently engage Yodlee, Inc. of 3600 Bridge Parkway, Suite 200, Redwood City, CA 94065 USA (Yodlee) to provide us with the resources necessary for us to perform the above actions. You consent to us disclosing your Materials to Yodlee for that purpose or any third party deemed appropriate. By registering a User Account and accessing the Services, you expressly authorise myprosperity and Yodlee to perform the above actions on your behalf and appoint myprosperity and Yodlee jointly and severally as your agent for the purpose of performing the above actions and any other actions necessary to provide the Services. You acknowledge and agree that myprosperity and Yodlee act as your agent and not as the agent of any Third Party Provider when performing the above actions or providing the Services. You acknowledge and agree that the use of your Materials by Yodlee is subject to Yodlee’s own privacy policies and terms ((available at http://www.yodlee.com/privacy-policy/) and that we are not responsible for such use.
If your User Account type and subscription include the digital signature functionality, that functionality is currently provided by OneSpan Inc. (formerly VASCO Data Security International, Inc.) of 121 West Wacker, Suite 2050, Chicago, Illinois 60601 USA, via a link from the Website to the website operated by OneSpan Inc. at https://www.onespan.com. By accepting these Terms, you are also accepting the OneSpan Sign (formerly eSign Live) Terms and Conditions (as amended from time to time) which are located at https://www.onespan.com/terms-and-conditions.
You should ensure that you have read, understood and accept OneSpan’s and Yodlee’s privacy policies and terms as notified by OneSpan and Yodlee before registering a User Account or accessing the Services and that you keep up to date with any changes to such policies and terms as may occur from time to time.
You represent and warrant that you are the owner of the Materials and each Third Party Account and are authorised to: (a) disclose the Materials to myprosperity; and (b) appoint myprosperity and Yodlee as your agent for the above purposes. Any Third Party Account details, balances or information shown on the Website represent the most recent information provided to myprosperity by the relevant Third Party Provider. myprosperity gives no warranty or guarantee that such information is accurate or complete and is not responsible for the accuracy or completeness of such information. You acknowledge and agree that: (a) Yodlee and OneSpan are a third party beneficiary under these Terms; (b) OneSpan and Yodlee are therefore entitled to all of the rights, protections and benefits of these Terms; and (c) a reference to myprosperity is a reference to OneSpan and Yodlee for the purposes of Yodlee and OneSpan enjoying the rights, protections and benefits of these Terms.
We do not collect or store your bank account information for direct debit purposes. All payments by you pursuant to these Terms are processed using the payment gateway provided by Stripe Payments Australia Pty Ltd ACN 160 180 343. By accepting these Terms, you are also accepting the terms and conditions of the Stripe Services Agreement (as amended from time to time) which is located at https://stripe.com/au/ssa.
14. Third Party Material
The Website may provide links or references to Third Party Websites or display material sourced from a third party (including a service supplier or consumer) (Third Party Material), including Third Party Websites and Third Party Material which myprosperity may refer to you based on Materials you provide. myprosperity is not responsible for, liable for and does not endorse the content of: Third Party Websites or Third Party Material; any use (or misuse) of information you may supply to or obtain from a Third Party Website, Third Party Provider or any Third Party Material; or for any goods or services offered to or used by you via Third Party Websites or from Third Party Providers. myprosperity does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Third Party Websites. myprosperity is not a party to or responsible for any transactions you may enter into with any third parties, even if you learn of such parties (or use a link to such parties) from this Website. myprosperity may receive referral fees from or pay referral fees to Third Party Providers: (a) which are linked or referred to on the Website; (b) which are referred to you by myprosperity in the course of providing the Services; (c) which refer you to myprosperity, the Services or the Website; or (d) with which you choose to transact as a result of your use of the Website or Services.
15. Information on the Website
Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. You acknowledge and agree that the effectiveness of the Services may depend on the accuracy and completeness of information provided by you and of the Materials you may upload via the Website. myprosperity assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information, including information and Materials posted or uploaded by you. Accordingly, you should confirm the accuracy and completeness of all posted information and Materials before using the Services or making any decision related to any products or services described on or referred to by this Website.
16. Functions of the Website
The Website may provide various functions, resources and financial management tools (including calculators) from time to time (Management Tools). Such Management Tools rely on data provided by you, Third Party Providers and Third Party Websites and make assumptions based on such data to generate information and results. The information and results generated by such Management Tools are estimates only based on available data and are not guaranteed or warranted by myprosperity to be accurate or reliable. The Management Tools are provided for information purposes only and should not be relied on as a substitute for professional advice. myprosperity does not warrant or guarantee that the Management Tools or the functions of the Management Tools are accurate or reliable, use appropriate assumptions, are fit for your particular purpose or are otherwise suitable for your use.
17. Technical requirements
Access to the Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. myprosperity gives no warranty or guarantee that access to or use of the Services will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.
18. Security of electronic communications
You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, myprosperity gives no guarantee that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Website (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Website (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
20. Use of the Website
We reserve the right to limit the volume of Materials you may upload to our database and the volume of transactions you conduct on the Website at any time. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. myprosperity may block/delete from the Website any material posted to the Website that myprosperity decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must use the Website for personal and non-commercial purposes only. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to myprosperity for breach of contract and/or infringing applicable law. You must retain backup copies of all Materials you upload to the Website. We adopt commercially reasonable efforts to protect and preserve the Materials but accept no liability for any loss of or damage to the Materials, however caused.
21. No advice
myprosperity is not a financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Services are provided solely to assist you to manage your financial and other information and to communicate with Third Party Providers and do not constitute the provision of financial, accounting, investment, legal, tax or other advice by myprosperity. You should consider obtaining professional financial, accounting, investment, legal, tax and other applicable advice suitable to your particular circumstances before deciding to obtain products or services from any Third Party Provider.
22. Disclaimer of warranty
Use of this Website is at your sole risk. To the extent legally permitted, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. myprosperity expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, myprosperity does not represent or warrant that the functions within the Website will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by myprosperity not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, myprosperity limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at myprosperity’s discretion.
23. Limitation of liability
To the extent legally permitted, in no event will myprosperity be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if myprosperity is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and myprosperity’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold harmless myprosperity, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, your User Account or password.
26. Notifying us
To notify us, please email us at firstname.lastname@example.org.
27. Property Data and Reports Disclaimer
RP Data Pty Ltd ACN 087 759 171 (RP Data) prepares property indicative value reports and related data made available through the Website from information gathered from a variety of sources. Whilst all care is taken in producing the data and reports, RP Data cannot guarantee or make any representations regarding the use of, or reliance, on such data or reports. RP Data is not responsible for all the information provided to it and you should not rely on the data or reports without making your own independent assessment of the property and other sources of information. RP Data is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, vehicle indicative value reports and related data made available through the Website. myprosperity may block access to, cease providing access to or cease making available property indicative value reports and related data through the Website (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 days before the change comes into effect.
28. Vehicle Data and Reports Disclaimer
Automotive Data Services Pty Ltd ACN 001 680 593 (Red Book) prepares vehicle indicative value reports and related data made available through the Website from information gathered from a variety of sources. Whilst all care is taken in producing the data and reports, Red Book cannot guarantee or make any representations regarding the use of, or reliance, on such data and reports. Red Book is not responsible for all the information provided to it and you should not rely on the data or reports without making your own independent assessment of the vehicle and other sources of information. Red Book is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, vehicle indicative value reports and related data made available through the Website. myprosperity may block access to, cease providing access to or cease making available vehicle indicative value reports and related data through the Website (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 days before the change comes into effect.
29. Personal and Non Commercial Use Only
Data and valuations on this Website are provided for your personal and non-commercial use only. You must not, without the written approval of the Website owner:
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any data and valuations from this Website; use or attempt to use any data and valuations published on this Website to create any web site or publication; mirror or frame any data and valuations published within this Website; use any automated process of any sort to query, access or copy any data and valuations on this Website or generate or compile any document or database based on the data and valuations published on this Website; or transfer or sell any data and valuations offered on this Website.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
32. Entire agreement
These Terms and any other document referred to herein constitute the entire and only agreement between you and myprosperity in relation to its subject matter and replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.
33. Force Majeure
We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
34. Simple Will Functionality
The Website may contain functionality to facilitate the preparation of a simple draft will (Will) for you or a person you nominate, such as your spouse (Nominee). This section applies to you if you use the Website to create a Will. References to you/your in this section refer to your Nominee where the Will is for your Nominee. The myprosperity will wizard (Wizard) on the Website asks you a series of questions to collect the required information for the Will to be prepared. Using your responses, the Wizard creates a data file containing the answers you give and the relevant financial and other data from the Materials you have uploaded to the Website[SIP1] (Will Datafile). Once the Wizard has prepared the Will Datafile, you may proceed to have the Will prepared in one of two ways, at your option. The first way is to use your own legal advisor separately from the Website by simply emailing the Will Datafile to your adviser. The second way is to use the Website to request myprosperity’s preferred independent providers of will creation and advice services and content (Preferred Will Provider) to create the Will for you free of charge (subject to this section of these Terms). With this second way, the Website sends your Will Datafile to the Preferred Will Provider to enable your Will to be created. The Preferred Will Provider may comprise separate entities: a law firm which creates the standard questions used in the Wizard and the standard form content for the Will (Will Content) and an entity with document generation software which uses the Will Datafile and the Will Content to automatically create your Will. When you create a Will via the Website, you will be required to accept the legal terms and conditions of these Preferred Will Providers. Each Preferred Will Provider is only responsible for their particular role in creating your Will in accordance with their respective terms and conditions; and is not responsible for the services provided by the other Preferred Will Provider. myprosperity is not responsible for the services provided by either Preferred Will Provider. Once the Will is prepared by the Preferred Will Provider, it is then automatically uploaded to your User Account for your review, and execution, if you are satisfied with its terms.
If you are happy with the Will (prepared by the Preferred Will Provider or your own lawyer) and decide to execute it, you can upload an electronic copy of the executed will to your User Account. The executed will then forms part of your Materials. You should ensure that the original will is stored in a secure location known to your executor. We may prompt you from time to time to consider updating your will. It is advisable to update your will as your personal and financial circumstances change and to allow for changes to relevant law. When participating in the will preparation and uploading process, you will be invited to give your executor access either to the will only or to the will and also to all your Materials (including all personal and financial information you have uploaded to your User Account). You can choose not to give your executor access to the will or your Materials. If you choose to give the executor access, you consent to us allowing your executor to access your will or your Materials, or both, in accordance with the access level you have selected. You can revoke the executor’s access at any time using the Website. In using any will functionality offered by the Website, you acknowledge and agree as follows: (a) the Website only provides a software platform to enable a third party to prepare a Will for you (either your own lawyer or the Preferred Will Provider), and for you to upload a copy of your executed will to your User Account; (b) myprosperity is not authorised to provide legal services or advice in relation to wills or probate matters and does not do so. The will creation and generation services are provided by the Preferred Will Provider or your lawyer, as applicable and myprosperity is not responsible or liable for those services; (c) the Will Datafile extracts relevant personal and financial data including assets and banking details from your Materials that you have uploaded to your User Account. You are solely responsible to ensure that your Materials and the responses you provide to the Wizard are correct, accurate, comprehensive and current; (d) if you choose to use the Preferred Will Provider, the resulting will is a simple, basic will only and may not be suitable for your circumstances. The law relating to wills is complex and it is always advisable to obtain legal advice appropriate to your specific circumstances; (e) you consent to myprosperity disclosing your Will Datafile and your associated personal information and data to the Preferred Will Provider to enable the Will to be generated (if you choose to use the Preferred Will Provider); (f) depending on your responses to the Wizard, you may be invited to obtain more specific tailored legal advice in relation to your will from the Preferred Will Provider of legal advice and services. If you choose to obtain more specific advice, that advice is provided by the Preferred Will Provider and not by myprosperity. You will be dealing directly with the Preferred Will Provider in accordance with its terms and conditions, and the Preferred Will Provider will invoice you for such services. You are free to obtain will and probate legal services from your own lawyer and are not obliged to use the Preferred Will Provider.
For clarity this section does not limit the following sections of these Terms: Third Party Providers, Third Party Material, Disclaimer of Warranty, Limitation of Liability and Indemnity, all of which apply to your contract with myprosperity in relation to any use of the will functionality offered by this Website and the Preferred Will Provider.
35. Kwidz App
myprosperity has developed an app for use with mobile devices known as the Kwidz App. The Kwidz App is intended for use as a fun learning tool for children to contribute towards developing financial literacy and responsibility. You can find out more information about the Kwidz App here. If you download and use or authorise your dependants to download and use the Kwidz App, you acknowledge and agree that the Kwidz App Terms & Conditions located here apply.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
38. Applicable law
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
For the purposes of these Terms:
means any information, data, documents or other materials you or your Guests provide us or upload to our database via this Website from time to time for future access by you or your authorised representatives or Guests through the Website or for the purposes of you or your Guests accessing and using the Services or of us providing the Services, which may include Third Party Account details and usernames and passwords for Third Party Websites.
41. Referring provider
means a Third Party Provider with whom we have a contractual arrangement to offer access to the Website to its clients and who pays the Subscription Fee (or other agreed fee) on your behalf enabling you to open a User Account and access the Website including via a white-labelled version of the Website specific to that Third Party Provider while the arrangement continues.
means the provision of a financial information management service and any other services offered via the Website from time to time, including providing access to and information about third party financial products and services; providing budgeting and other financial management tools; collating and storing financial information and other Materials provided by you; facilitating communication between you and Third Party Providers; and acting as your agent to consolidate and access Third Party Accounts and other information held by Third Party Providers for the purposes of displaying Third Party Account details on the Website, facilitating communication between you and Third Party Providers and otherwise managing your financial information.
43. Subscription fee
means the subscription fee payable in respect of the applicable User Account type, as specified on the Website from time to time.
44. Third party accounts
means bank accounts, financial accounts, loan accounts and any other financial or other accounts or facilities in your name provided and operated by a Third Party Provider of which you are a customer and which you choose to access through the Website via a link to the Third Party Website.
45. Third Party Provider
means any third party product or service provider (including financial product or service providers): (a) referred to on the Website; (b) of which you are a customer; or (c) which provides products or services via a website linked to the Website including a Referring Provider.
46. Third Party Website
means any website or other application distribution platform (including mobile applications) operated by a Third Party Provider or any other third party, including such websites linked to or referred to by the Website.
47. User Account
means a user account to enable access to and use of the Website of the type you selected when registering as a user of the Website, as varied by you from time to time, with differing functionality and Subscription Fees applying to the different types of user accounts, as specified on the Website from time to time.
means the website located at myprosperity.com.au and any other application distribution platform (including mobile applications) through which myprosperity provides the Services.
Advisers Terms & Conditions
Last update: 20/11/19
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