Financial Partner Terms of Access

Please read these terms and conditions (“Terms“). They apply to your use of the MoneyBrilliant Financial Partner Service (“Partner Service”) made available through website, mobile device or email. In these Terms any references to “us”, “we” or “our” or “MoneyBrilliant” means MoneyBrilliant Pty Ltd ABN 34 153 932 766 and any of its subsidiaries or business partners. Your access and use of the Partner Service is subject to these Terms.

Except as expressly set out in these Terms we do not make any representations or warranties and to the extent permitted by law we do not make any implied representations and warranties. From time to time we may need to update these Terms. We will provide you with reasonable notice of any significant changes. Your continued use of the Partner Service after notification of such a change means that you accept the changed Terms.

MoneyBrilliant does not hold an Australian Financial Services Licence and cannot give financial advice. Any information provided to you or your customers by us is general information only which, when prepared, does not take into account the individual circumstances, objectives, financial situation or needs of your customers. It is not intended to take the place of professional advice and you should not rely solely on this information to advise action on specific issues to your customers. Before advising on a financial decision, you need to consider whether this information is appropriate to the needs, objectives and circumstances of your customers.

From time to time, we may modify or enhance the Partner Service. We will provide you with reasonable notice of these changes if they have a significant effect on your usage of the Partner Service. Although we attempt to provide accurate, complete and up-to-date information, to the extent permitted by law we make no representations and give no warranties (express or implied) that the information is free from errors, omissions or other inaccuracies or is up-to-date. None of MoneyBrilliant or any of its related companies, or their directors, accepts any liability for any reliance of any person on information contained in the Partner Service or guarantees the performance of any particular financial product referred to in the Partner Service. In the Partner Service, any currency references are references to Australian dollars unless otherwise specified.

Financial Partner

A Financial Partner is a company or professional who subscribes to the Partner Service to access the financial data of their customers via their MoneyBrilliant accounts, where each customer has provided their consent and approval.

As a Financial Partner, you will only gain access to a MoneyBrilliant user’s data if they accept a MoneyBrilliant Financial Partner Invitation sent by you. Access can be revoked at any time by either you or your customer.

Before you send a MoneyBrilliant Partner Access Invitation, you confirm you have an existing customer relationship with the intended end user and are authorised to send emails to the intended end user.

You agree to use the Partner Service responsibly and for business purposes only. You acknowledge that the information accessed through the Partner Service is private and confidential and you agree to use the data accessed through the Partner Service in accordance with our Privacy Policy available through the MoneyBrilliant Website. You agree not to misuse or divulge the information for any purpose other than to provide a financial service to your customer as defined by your agreement with them. You agree that MoneyBrilliant is not responsible for any breach of privacy and confidentiality that may result from you accessing your customer’s information through the Partner Service.

If you choose to charge your customer more for the Partner Service than we charge you, you agree to make explicit to your customer the additional fee and service provided. You acknowledge that the customer may become aware of the standard pricing for the MoneyBrilliant Service provided to end users during the registration process or through their use of the MoneyBrilliant Service.

Fees

The Partner Service is subject to Subscription Fees (“Fees”). The terms and amounts applicable to Fees are available on the fee schedule provided to you on request. Amounts are stated in Australian dollars and are inclusive of applicable taxes. Fees may change from time to time. We will notify you of changes by email to your last known email address at least 30 days before the changes come into effect.

Fees are non-refundable except as expressly provided in these Terms. We will not commence providing you with the Partner Service until your initial Fee is received by us in full. Fees must be paid in accordance with the terms in order to maintain your access to the Partner Service.

You may cancel your Partner Service at any time by accessing the delete account option available through the MoneyBrilliant Website. When you cancel your Partner Service, you acknowledge that your customers who are invited to your Partner Service will receive communication from MoneyBrilliant informing them of your decision to cancel your subscription. They will have the option to remain a MoneyBrilliant user and their MoneyBrilliant Account will continue as it exists, without a Financial Partner.

We may cancel or suspend your Partner Service at any time if you breach these Terms or our Privacy Policy. Upon expiry or cancellation of your Partner Service we will:

  • immediately cease providing you with the Partner Service; and
  • stop your access to the Partner Service.

We may retain and use at our discretion any information that you have provided to us that is not personal information. Please see our Privacy Policy for further information about how we collect and use your information.

If you cancel your Partner Service for any reason or if we cancel your Partner Service as a result of you breaching these Terms or our Privacy Policy, any Fees paid will not be refunded and any outstanding Fees become immediately due and payable upon cancellation.

Intellectual property rights

All content in the Partner Service is protected by intellectual property rights (copyrights, trademarks or other rights and laws). MoneyBrilliant Pty Ltd, or its related companies, owns or licenses all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via the Partner Service (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained in the Partner Service, in any form without the prior written consent of MoneyBrilliant Pty Ltd or the appropriate consent of the owner. You may however, use the information contained in the Partner Service in providing your professional services to your MoneyBrilliant customer.

MoneyBrilliant Pty Ltd takes no responsibility for sites linked from the Partner Service or to the Partner Service. You acknowledge that you must obtain our permission prior to linking to Partner Service. If you do link to Partner Service it is at your own risk.

Privacy

You consent to the use, transfer and disclosure of personal information by us in accordance with our Privacy Policy. Full details are further explained in our Privacy Policy – however a summary of the key terms is contained here.

If you choose to make full use of our Partner Service you consent to providing to us personal and/or sensitive information which includes your full name, business name, ABN/ACN, credit card details (for payment purposes), email and phone number. You acknowledge we will use this information to validate your business and approve your registration to the Partner Service. You may not be approved if we cannot verify you are authorised to provide services to your customer, or you provide false or inaccurate information.

Limitation of Liability

Neither MoneyBrilliant, its sub-contractors, associates nor related companies or their directors shall be liable in any way for any loss or damage suffered by you through your use of the Partner Service, including but not limited to loss or damage arising in connection with:

  1. your use of the Partner Service;
  2. any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Partner Service;
  3. the information provided on or via the Partner Service;
  4. the interception, modification or misuse of information transmitted to us or transmitted to you;
  5. the functioning or non-availability of the Partner Service;
  6. the misuse of the Partner Service;
  7. claims by third parties in connection with the use of the Partner Service;
  8. any loss or unauthorised access to any data or information that you provide to us when using the Partner Service; and
  9. any loss arising from unauthorised transactions arising from the use of your Account Credentials or Account Information.

Our liability for negligence, breach of contract or contravention of any Australian law as a result of our failure to provide the Partner Service or any part of it, or for any problems associated with your use of the Partner Service (including any loss of data or information you provide to use when using the Partner Service), which cannot be lawfully excluded by Australian law, is limited, at our option and to the maximum extent permitted by Australian law, to resupplying the Partner Service or any part of it to you, or to paying for the resupply of the Partner Service or any part of it to you or paying you a maximum of AUD$1,000.

These Terms are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms.

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Third Party Links and Offers

The information in the Partner Service is not a recommendation to invest in any investments, securities or financial products. You should obtain a copy of the relevant Product Disclosure Statement (“PDS”) before making a decision or advising your customer to invest in any financial product. Detailed information about the product is contained in the PDS of the relevant products. We do not make any representations or guarantees in relation to the repayment of capital or performance of products displayed in the Partner Service.

Security and Privacy Policy

We take your privacy seriously. Our  Privacy Policy sets out generally how we collect, use, disclose and manage your personal information.

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