Terms & Conditions
This Agreement (“the Agreement”) is an agreement between My Income Organiser (ABN 67 155 841 804) and the client (“Client/You”) as above.
The purpose of this agreement is to provide you with factual information based on your personal information with the aim of assisting you to better understand the financial products or strategies available to you.
2. Definitions, Interpretation and Scope
“Confidential Information” means:
your non-public information;
the Plans and the Software;
the terms and conditions of this Agreement;
information relating to a client’s non-public information (both yours and any other bootcamp attendee’s information);
all other information marked as confidential; or
information that would reasonably be understood to be confidential information.
“Personal Information” means Personal Information as defined in the Privacy Act 1988 (Cth).
“Plans” means tailored client plans and online portal(s) independently designed by IO, IO branding and marketing materials (“the Plans”).
“Privacy Law” means:
(a) the Privacy Act 1988 (Cth);
(b) any applicable legislation affecting privacy or the collection, handling, storage, processing, use, disclosure, or destruction of data; and
(c) any instruments made or issued in accordance to that legislation.
In this Agreement, unless the contrary intention appears:
clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
words in the singular number include the plural and vice versa; and
where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
4. Scope of Agreement
4.1 Factual information
The IO will provide you with information based on personal information provided by you, the Client. This factual information is objectively ascertainable information, the truth or accuracy of which cannot reasonably be guaranteed.
The IO are not:
(a) an Australian financial service licensee;
(b) carrying on a business in Australia of giving financial product advice that is a financial service;
(c) providing any recommendation or opinion about a financial product;
(d) providing qualitative judgements about or an evaluation, assessment or comparison of some or all of the features of a financial product;
(e) providing recommendations or statements of opinion, or reports of either of these things, that is intended to, or can reasonably be regarded as being intended to, influence a client in making a decision about a particular financial product or class of financial product or an interest in either of these things;
(f) providing a financial investment (for example, by taking money for the purposes of generating a financial return or benefit for the client), managing risk (for example: by offering insurance), or making non-cash payments;
(g) permitted to do anything contrary to the Corporations Act 2001 (Cth); or
(h) providing specific or general credit, tax, legal, or accounting information or advice.
5. Rights and Obligations
You have the right to receive the services outlined in the Fee Schedule Inclusions and the obligation to make payment as outlined in the Fee schedule.
Nothing in this Agreement excludes, restricts or modifies non-excludable rights under the Australian consumer law and all provisions in this agreement are to be read subject to the provisions of the Australian consumer law.
5.1. Provision of Services
The IO will provide the Plans requested by you as described in the Fee Schedule in accordance with the terms and conditions specified in accordance with this Agreement.
5.2. Additional Services
Any services in addition to the services outlined in the Fee schedule will incur additional fees.
You will be charged the fees for the services provided in the Fee Schedule.
6. Payment Terms
6.1. Commencement date
This Agreement is effective from the date specified in this agreement (“Commencement Date”) and remains in force for a period of six months from the Commencement Date (“the Initial Term”).
6.2. Payment date
Payment of all fees and charges must be made on a monthly basis and in advance to receiving the service outlined in the Fee Schedule.
6.3. Payment fees
If IO does not receive payment for fees and charges due within twenty eight (28) days of the due date:
(a) your account shall be considered past due and IO shall, upon ten (10) days notice, to terminate this Agreement; and
(b) you shall make payment to clear your account of the fees and charges past due.
On expiry of the Initial Term, the Initial Term will automatically renew for one or more subsequent six month term(s), each a “Renewal Term”, unless you notify IO in writing within twenty eight days (28) days of the date of the renewal notification sent to you by mail or email that you do not wish to renew the contract for the Renewal Term.
The Initial Term or Renewal Term shall continue for the period set out in this Agreement relating to that period unless terminated in accordance with the terms of this Agreement.
7.1. In the event of a failure by either party to conform or comply with any material term or condition in this Agreement, the non-defaulting party shall notify the defaulting party in writing specifying with reasonable clarity the default(s) claimed.
7.2. The defaulting party shall have twenty eight days (28) days within which to cure any default(s).
7.3. If the defaulting party does not cure the claimed default(s) within the twenty eight (28) day period, the non-defaulting party shall have the absolute right without further notice to terminate this Agreement.
7.4. If you cancel this Agreement prior to the expiry of the Initial Term or any relevant Renewal Term, you shall not be entitled to any refund or credit of any fees or charges already paid by you relating to the unexpired Term.
8.1. IO warrants that the Plans provided will conform to the particular details of the Plans as outlined in the Schedule of Fees.
8.2. In the event of the Plan’s failure to conform to the particular details of the Plans, IO shall rectify the Plans to the extent that IO shall deem reasonably necessary to restore the Plans to perform in accordance with the particular details.
8.3. IO makes no warranties and you shall be deemed to have accepted the Plans, related material, services, and supported services without any additional warranty of any kind, other than the warranties specifically set out in this agreement and other than as required by law.
8.4. IO makes no warranty of suitability, merchantability, acceptability, or fitness for an intended or particular purpose or warranty that the Plans offered or provided will meet your requirements.
8.5. IO makes no warranty that the Plans are error free or that their use will be effective.
9. Limitation of Liability
9.1. In no event shall IO be liable for any liabilities, losses, costs, penalties, damages and expenses incurred by you because you have failed to perform your responsibilities under this Agreement, or you contributed or acted as an intervening cause including but not limited to your use, or misuse of the Plans.
9.2. For any claims of damages during any twelve (12) month period relating to IO’s performance under this Agreement, IO’s total liability shall not exceed an amount equal to the fees paid by you to IO under this Agreement for the Plans which forms the basis of such claim(s), during such twelve (12) month period.
9.3. In the event that this Agreement has been in effect for less than twelve months, then such liability shall be reduced proportionately to correspond to the expired period of the Term.
10. Confidential Information
10.1. Your personal Information shall be kept confidential and IO shall:
(a) use the Confidential Information only for the purpose of performing its duties under this Agreement; and
(b) exercise good faith, care, skill and diligence to maintain all Confidential Information in confidence, meaning that the Confidential Information shall not be distributed or disclosed to any third party except as permitted in this Agreement or without prior written consent of the Party disclosing the information (“the Disclosing Party”).
10.2. Disclosure of the Confidential Information shall be limited to:
(a) the party receiving the Confidential Information (“the Recipient’s”) employees, contractors, or sub-contractors who require the Confidential Information to complete their duties; and
(b) any employees, contractors, or sub-contractors of IO who require the Confidential Information to complete their duties.
10.3. The term “Confidential Information” does not include Confidential Information that:
(a) is or becomes generally available to the public;
(b) becomes available to the Recipient on a non-confidential basis;
(c) was known to the Recipient;
(d) is disclosed with the Disclosing Party’s written permission; or
(e) is independently developed by the Recipient without reference to the Confidential Information.
10.4. As of the date of termination or expiration of this Agreement, or at the request of the Disclosing Party, the Recipient shall promptly either:
(a) return the Confidential Information to the Disclosing Party; or
(b) destroy the Confidential Information to the extent permitted by an applicable law.
10.5. IO may retain any Confidential Information that it is required to keep for legal compliance purposes.
10.6. In the event that the Recipient becomes legally compelled to disclose any of the Confidential Information, the Recipient shall provide the Disclosing Party with prompt notice.
10.7. If any action by the Recipient shall require the consent or approval by the Disclosing Party, such consent to or approval by the Disclosing Party to such action on any one occasion shall not be deemed a consent or approval of any other action on the same or any subsequent occasion.
If any part of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion of this Agreement shall be deemed null and void and severed from this Agreement and the remainder of this Agreement shall remain valid.
13. Entire Agreement
13.1. This Agreement constitutes the entire understanding between the parties concerning the licensing of the Plans, related material, services, and supported services, and supersedes all other agreements between the parties with respect to this Agreement or in any other documentation.
13.2. You acknowledge and agree that no representations have been made by IO other than as expressly set out in this Agreement, and that you have not relied on any representations not expressly set out in this Agreement.
13.3. IO may make changes to the terms and conditions of this Agreement from time to time to accommodate changes in law or business practice. If IO makes such changes, it will notify you in writing before such changes take effect.
13.4. Your acceptance of further services and/or payment of further instalments due after the date you are notified of a change is deemed acceptance of those changes.
13.5. If you do not want to accept the changes, you are entitled to terminate this Agreement by written notice to IO within twenty eight (28) days after receiving notice of the relevant changes.
13.6. Any other changes to the Agreement shall not be binding unless in writing and signed by both parties.
14. Money-Back Guarantee
If you are not in a better financial situation, despite following the Spending Plan program for your minimum commitment, we will refund to you all monies you have paid to us. Simply send your request to email@example.com so we can review and qualify it, within 28 days of your minimum commitment end.
Minimum commitments are based on the plan you choose and are confirmed in writing via email after sign-up.
If you have a dispute regarding a charge by IO, please contact us immediately either by phone 1300 846 000 or by email firstname.lastname@example.org.
Last updated December 2017