Terms and Conditions
These Terms and Conditions (“Terms”) apply to your access to and use of the Adviser Portal (the "Portal") and related content. If you do not agree to these Terms you cannot use the Portal and content.
- The content on the Portal is made available by Zurich Financial Services Australia Limited ABN 11 008 423 372,Zurich Australia Limited ABN 92 000 010 195 and Zurich Investment Management Limited ABN56 063 278 400 all companies within the Zurich Financial Services Australia Group (referred to in these Terms as "we", “us” and our”).
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All information on the Portal relating to any products or services is only for the information of persons within Australia and relates to the supply of products and services in Australia. If you are providing advice to a person outside
Australia:
(i)you must ensure that person does not rely upon any advertising, information or other material available on the Portal;
(ii) you must ensure that person does not complete any application or accept or make any offer available on or accessible via the Portal. -
The Portal is only for use by:
(i)financial advisers registered with us (each an “Adviser”); and
(ii) persons nominated and authorised by an Adviser to access and use the Portal on the Adviser’s behalf (each a “Delegated User”) - You must not use the Portal unless you are an Adviser or a Delegated User.
- You must only access the Portal for legitimate and lawful purposes and in accordance with any instructions or directions posted on the Portal from time to time.
- The registration process for the Portal requires you to choose a user name and password (the "User Identification Details"). You must keep your User Identification Details confidential and secure against any improper or unauthorised use.
- You are responsible for any action or instruction carried out in conjunction with your User Identification Details and authorise us to act on any instructions that we receive in conjunction with your User Identification Details.
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You accept full responsibility and indemnify Zurich for any expenses, loss, damage, costs, demands or liabilities ('’Loss'’) arising out of or in connection with any breach by you of clauses 4, 5, 6 or 9 of these Terms and Conditions
and any improper or unauthorised use of your User Identification Details. This does not apply where:
(a)you have previously notified us in accordance with these Terms and Conditions that the security of your User Identification Details has been breached; or
(b)you have not been in any way responsible for an improper or unauthorised use of those User Identification Details. -
If you become aware or suspect that:
(i)your User Identification Details (or any part of them) have been lost, stolen or misused;
(ii) any person has obtained knowledge of your User Identification Details;
(iii) any person is accessing the Portal without your authorisation; or
(iv) the security of your User Identification has otherwise been compromised,
you must:
(a)notify us immediately by telephoning Adviser Service Centre on1800 500 655(or any other number that we advise from time to time); and
(b)change your password immediately. - You acknowledge that you may be automatically logged out of the Portal where there has been no communication to our systems for thirty or more minutes. Any information entered or actions that are only partly completed at the time of the log-out may be lost.
- You agree not to attempt to disturb or damage in any way any code, data or software associated with the Portal or to otherwise adversely affect the operation of the Portal.
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We may restrict, suspend, alter, or terminate your access to the Portal or any service available in the Portal, or not act on your instructions via the Portal or in relation to any service available in the Portal, if you materially
breach these Terms and:
(a)the breach cannot be remedied; or
(b)the breach can be remedied but you fail to remedy the breach within 30 days’ of our written notice to you of that breach.
In addition to the above, we may also stop making the Portal available:
(i)on 30 days’ prior notice to you; or
(ii) temporarily for maintenance and support purposes, in which case we may not provide prior notice to you; and
(iii)as necessary to comply with our legal or regulatory obligations, or to respond to any reasonably based concern in relation to you or your usage or any person on whose behalf you act, in which case we may not provide prior notice to you. - All information and material available on the Portal, including (without limitation) any tools, calculators and articles, any information about our products or services and any information provided by services available in the Portal (the "Information"), is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individuals. The Information does not provide financial or investment advice or recommendations. The Information should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to your clients or potential clients.
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Unless expressly stated otherwise, you expressly acknowledge and agree that:
(i)the fact that the Information is accessible through the Portal:
(a) does not constitute a recommendation by us of the merits, or a guarantee of performance, of any potential investment to which the Information refers; and
(b) is not intended to be a representation that persons will be allotted units, shares or otherwise be able to invest in any potential investment, if they apply;
(ii) Information in relation to account balances, transactions and fees and charges may not be current and is a guide only. It does not include information or transactions that we have not yet processed; and
(iii) the Information is subject to change without notice.
You must notify us if you think that any Information on the Portal is incorrect or otherwise needs to be amended or updated. - The value of, and income derived from, any of the securities to which the Information refers can fall as well as rise. The performance of any managed fund to which the Information refers is dependent upon the value of the underlying assets of each managed fund, which can fall as well as rise. An investor may get back less than the amount invested in any securities and may make a profit or a loss on redemption of units in any managed fund. Past performance is not necessarily a guide to future performance.
- Any unit prices quoted in the Portal (including, without limitation, any reference to “Last Available Unit Price”) will generally be historical and not the unit price applicable at the date of access to the Portal.
- Links from the Portal to pages on any other website, and articles produced by third parties, are provided for your convenience only and do not constitute a recommendation or endorsement by us of the content of those pages. Use of these links is at your own risk. We are not responsible for any information or material found on those linked pages, or any websites of which they form a part.
- You are not authorised to establish a link to the Portal without our prior express written permission.
- The calculators available on the Portal (the "Calculators") are intended to provide estimates only. The Calculators are based on assumptions and give general illustrations only. They do not take into account the investment objectives, particular needs or financial situation of any individuals. The Calculators do not provide financial or investment advice or recommendations. The results produced by the Calculators should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to your clients or potential clients.
- We do not make any representations as to whether any assumptions on which the Calculators are based are reasonable or accurate or will be borne out.
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We will try to give effect to instructions that you give us through the Portal as soon as practicable, to the extent that is consistent with any relevant governing document, the relevant terms of the product and the law. However, we are
under no obligation to act on any instruction given by you if we do not receive those instructions or for reasons beyond our reasonable control.
We are not liable for any loss or damage in connection with our failure to act upon or delay in acting upon your instructions where we:
(a)reasonably suspect that those instructions are inaccurate, fraudulent, or contain an obvious error; or
(b)need to verify or conduct additional checks in connection with those instructions. -
Without limiting clause 21 (give effect to instructions) above, you acknowledge that if you give us a request to switch investments through the Portal (the "Switch Request"):
(i)if we process the Switch Request, it is likely that it will not be processed for some time. The time at which that Switch Request will be processed will depend upon a number of factors including, without limitation, the time at which the Switch Request is made and the number of other requests that have been made;
(ii) if any contribution is made after the Switch Request is received but before that request is processed by us, the contribution will be processed first and it may delay the processing of the Switch Request; and
(iii)we are not liable for any loss or damage in connection with any failure to act upon a Switch Request or any delay in acting upon such a request where we:
(a) reasonably suspect that those instructions are inaccurate, fraudulent, or contain an obvious error;or
(b) need to verify or conduct additional checks in connection with those instructions; or
(c)do not receive those instructions or if the failure to act is for reasons beyond our reasonable control. -
For the purposes of clause 23 (use of Client Portfolio) below:
(i)"Authorised Accounts" means:
(if you are accessing the Portal in your capacity as an Adviser) our customer accounts of your current clients; or
(if you are accessing the Portal in your capacity as a Delegated User) our customer accounts of current clients of your authorising Adviser; and
(ii) "Client Portfolio" means the application accessible through the Portal that enables you to view and perform certain administrative functions in respect of Authorised Accounts. -
In respect of your use of Client Portfolio:
(i) Information accessible through Client Portfolio, including without limitation the Authorised Accounts, is confidential and you must treat it as such. You must only access your Authorised Accounts, or if you are accessing Client Portfolio in your capacity as a Delegated User, you may only access the authorising Adviser's Authorised Accounts ("Authorised Client Information").
(ii) You must keep the Authorised Client Information confidential and not disclose it to any person, other than to the relevant clients (in respect of their own confidential information only) or as required in order to provide financial advice to the relevant clients. You must take all reasonable steps to protect the Authorised Client Information from misuse and loss and unauthorised access, disclosure or modification.
(iii) If for any reason you gain access to information other than Authorised Client Information ("Non-client Information"), you must notify us immediately and not retain or use the Non-client Information for any purpose or disclose it to any other person. -
If you are accessing the Portal in your capacity as an Adviser:
(i)you may only access and use the Portal (and any content contained within) solely for the purpose of assisting your clients;
(ii) you acknowledge that the information about Authorised Accounts accessible through the Portal may not include information about all accounts held by that customer with us;
(iii) you are responsible for the use of the Portal by each of your Delegated Users and authorise us to act on all instructions given to us by your Delegated Users under their user name and password;
(iv) you will ensure that each of your Delegated Users comply with their obligations under these Terms;
(v) each of your undertakings and acknowledgments under these Terms are given and made on your own behalf and on behalf of each of your Delegated Users;
(vi) if a Delegated User ceases to be authorised by you to access and use the Portal, you must immediately terminate that Delegated User’s access to the Portal. -
If you are accessing the Portal in your capacity as a Delegated User:
(i)you may only access and use the Portal solely for the purpose of assisting the Adviser and the Adviser's clients;
(ii) you acknowledge that the information about Authorised Accounts accessible through the Portal may not include information about all accounts held by that customer with us; and
(iii) you must not access the Portal if you are no longer authorised by the Adviser to access and use the Portal. -
All material available through the Portal is owned by or licensed to us and is protected by intellectual property rights. The material may be viewed online.
You may reproduce any part of the content of the Portal, however if you do so, you must acknowledge Zurich's copyright in that content, and retain all markings which indicate the origin of the content. You must not otherwise reproduce that content. Further, and notwithstanding anything else in these Terms and Conditions, you must not reproduce any content from the Portal for a commercial purpose or for a profit making purpose, except to the extent that it is directly connected with your acting as a Zurich-approved financial advisor to your clients. - You agree not to access, download or otherwise use any material on the Portal in any way not expressly authorised by us. You accept full responsibility and indemnify us against any, and all expenses, losses, damages, costs, demands or liabilities that we incur as a result of any use by you of the material on the Portal in any manner that is not expressly authorised by us.
- All trade marks associated or connected to our business and products are our property (the “trade Marks”). Any use of the trade Marks, including as a consequence of the use of and creation of links to the Portal, are at the risk of the user and are subject to our rights and legal obligations. In particular, we make no warranty and accept no liability in relation to the use of the trade Marks outside of Australia.
- We will use all reasonable endeavours to provide access to the Portal at all reasonable times. However, we do not give any guarantee, warranty or representation in relation to the availability or accessibility of the Portal or any of the services available in the Portal.
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We use all reasonable endeavours to ensure that the information and material available on the Portal is sourced from reliable sources and is accurate and up to date at the time it was uploaded onto the Portal. However, you acknowledge
and agree that your use of the Portal and any related information is at your own risk. To the extent permissible by law, we exclude all warranties in relation to the information available from the Portal and disclaim all liability
arising out of or consequent on any:
(i)access by you to the information available in the Portal;
(ii) infection by any computer virus, communications failure, Internet access difficulties, or malfunction in equipment or software, affecting the Portal or your access to the Portal or any information or material available in it;
(iii)use of and reliance on any information available in the Portal;
(iv)any person acting or refraining from acting as a result of the information in the Portal,
(v)delay in the operation of the Portal or any of the services or information available through the Portal; or
(vi)disruption, unavailability or termination of access to the Portal or any of the services or information available in the Portal. -
Nothing in these Terms is intended to exclude the application of the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). If any goods or services supplied through the Portal are not used for
personal domestic or household use, then, subject to section 64A of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“CCA”) and section 12EC of the Australian Securities and Investment Commission
Act 2001 (Cth) (“ASIC Act”), our liability (not otherwise disclaimed or limited under these Terms and Conditions) is restricted to:
(i)in the case of goods, replacing or repairing the goods or the cost of replacing or repairing the goods; or
(ii) in the case of services, re-supplying the services or the cost of resupplying the services. - We make no warranty that the use or operation of the Portal or any aspect of the Portal, will be uninterrupted or error-free or that the Portal or any of the services available on the Portal or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
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You are responsible for:
(i)ensuring that all information and directions you send to us via the Portal or otherwise is up to date, accurate, complete, true and in line with instructions provided to you by your clients; and
(ii)making all notifications and obtaining all consents necessary for us to collect, hold, use and disclose that information for the purposes of performing our obligations and exercising our rights under these terms or any other applicable terms, and in accordance with all applicable laws.
You indemnify us against any and all expenses, losses, damages, costs, demands or liabilities arising out of or in connection with your breach of this clause. - Not used.
- In no event shall we be liable to you or any other party for any indirect, special or consequential loss, that is, loss that may not fairly and reasonably be considered to arise directly and naturally, that is according to the usual course of things, including but not limited to loss of good will, loss of anticipated profits, or other economic loss, arising out of or in connection with the Portal or any related content and/or information. By accessing the Portal you hereby irrevocably waive any and all claims for such damages.
- Any reference to currency on the Portal is a reference to Australian Dollars unless otherwise specified.
- We may impose fees for use of the Portal at any stage in the future.
- To the extent of any inconsistency between these Terms and any relevant governing document (such as a trust deed, constitution or product terms), the governing document will prevail and these Terms will not apply.
- Any provision or any part of any provision of these Terms that is or becomes invalid, illegal or unenforceable for any reason shall be read down or made ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions of these Terms.
- We may vary these Terms at any time on notice to you (which may be by way of a notice on the Portal or by any other means of communication). By continuing to use the Portal after notification of those changes you agree to those changes..
- We may assign our rights and obligations under these Terms to any person at any time without notice.
- These Terms and your use of the Portal are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.