Please read these terms and conditions (“Terms“). They apply to your use of the MoneyBrilliant Service (“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 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 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 by us is general information only which, when prepared, does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information. Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances.

From time to time, we may modify or enhance the Service. We will provide you with reasonable notice of these changes if they have a significant effect on your usage of the Service. Although we attempt to provide accurate, complete and up-to-date information, and 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 Service or guarantees the performance of any particular financial product referred to in the Service. In the Service any currency references are references to Australian dollars unless otherwise specified.

Subscription Fees

Certain types of User Plans are subject to Subscription Fees (“Fees”). The terms and amounts applicable to Fees are available on the MoneyBrilliant website. 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 access to a fee paying User Plan until your initial Fee is received by us in full. Applicable Fees on your fee paying User Plan must be paid in accordance with the terms in order to maintain your User Plan.

You may cancel your Account at any time by accessing the delete account option available through the MoneyBrilliant website. We may cancel or suspend your Account at any time if you breach these Terms (including our Privacy Policy) or on termination of our arrangement with your Financial Partner, where applicable. Upon cancellation of your Account we will:

  1. immediately cease providing you with the Service; and
  2. stop your access to the Service.

We may retain and use at our discretion any information that you have provided to us. Please see our Privacy Policy for further information about how we collect and use your information.

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

Financial Partners

A Financial Partner is a company or professional who subscribes to the MoneyBrilliant Financial Partner Services to access the financial data of their customers via their MoneyBrilliant accounts. A Financial Partner may be your Financial Planner, your Accountant or your Mortgage Broker who would use your information to provide professional services to you.

A Financial Partner can only gain access to your MoneyBrilliant data after you accept a MoneyBrilliant Financial Partner Invitation sent by them. In all circumstances, you have complete control over the ability of a Financial Partner to view your data and you may grant and revoke access at any time.

If you have accepted the invitation sent to you by your Financial Partner, some of the features available through your Account may only continue while the arrangement between us and the Financial Partner continues, subject to this paragraph. Financial Partners are subject to Financial Partner Terms of Access agreements with us that govern the access and the use of your data, however, you acknowledge that MoneyBrilliant is not responsible for the use of your information or data by your Financial Partner. You acknowledge that you have discussed your arrangements with your Financial Partner before you have accepted their invitation.

You agree that the Financial Partner may make changes to the data in your Account and will have full access to all information and features (with the exception of Account Settings). You may revoke that access through the “Data Sharing” page within your Account Settings.

If our arrangement with the Financial Provider ends for any reason, we will offer you an opportunity to continue your access to the Service through a direct arrangement with us, subject to these Terms. There may be fees payable if you elect to stay on a paid User Plan. You will have 30 days to notify us of your intent to remain on a paid User Plan otherwise your access will be moved to the free User Plan.

Intellectual property rights

All content in the 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 Service (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained in the Service in any form without the prior written consent of MoneyBrilliant Pty Ltd or the appropriate consent of the owner.

MoneyBrilliant Pty Ltd takes no responsibility for sites linked from the Service or to the Service. You acknowledge that you must obtain our permission prior to linking to the Service. If you do link to the 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 the Service you may be required to provide personal and/or sensitive information including your account credentials (such as your username and password) required to log in to various third party accounts (“Account Credentials“). You also consent to our use of your Account Credentials as your authorised agent for the purpose of accessing your account information from third party institutions (e.g., banks, mortgage brokers, and superannuation funds) (“Account Information“) in order to provide you with the services you request.

Relationship with your financial institution

You acknowledge that when we use your Account Credentials we can access your Account Information with third party financial institutions on your behalf and in doing so you may not be in compliance with the terms and conditions of your financial institution’s internet or online service.

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 Service, including but not limited to loss or damage arising in connection with:

  1. your use of the Service;
  2. any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Service;
  3. the information provided on or via the Service;
  4. the interception, modification or misuse of information transmitted to us or transmitted to you;
  5. the functioning or non-availability of the Service;
  6. the misuse of the Service;
  7. claims by third parties in connection with the use of the Service;
  8. any loss or unauthorised access to any data or information that you provide to us when using the 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 Service or any part of it, or for any problems associated with your use of the Service (including any loss of data or information you provide to us when using the 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 Service or any part of it to you, or to paying for the resupply of the 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 from the 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 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 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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