PICTUREWEALTH TERMS AND CONDITIONS
In the Terms, the following words have the meanings set out below:
Access Credentials means the username and password you create in order to use the Platform.
Account means the account you create, including the Access Credentials, when registering as a user of the Platform.
Authorised Representative has the same meaning as set out in the Financial Services Reform Act 2001, being a person authorised in accordance with section 916A or 916B to provide financial services on behalf of a licensee.
Chat means any kind of real time transmission of text message from sender to receiver over the Internet
Code means all software code, source code, object code, binary code, executable code, modules, components, algorithms, analysis tools, templates, configurations, business rules, dynamic link libraries, models, database schemas, updates, service packs, patches, or hot fixes, in any media or format, which is part of, or a component of, the Platform.
Content means any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, or other material used, displayed or available by way of the Platform.
Data means all data and information uploaded to the Platform by you, including (but not limited to):
- a) Personal Information;
- b) bank account details and information;
- c) asset and liability details;
- d) shareholder/investment portfolios and other assets;
- e) tax information, including tax file numbers; and
- f) any other information that may be requested from time to time.
Device means the device/operating system you use to access or download and use the Platform
File Vault means the part of the Platform capable of retaining copies of your documents.
FLIQ means the Platform’s virtual assistant.
FSG means Financial Services Guide.
GST means the goods and services tax or similar value added tax levied or imposed in Australia pursuant to the GST Law or otherwise on a supply.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means:
- a) inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques
- b) copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
- c) trade and service marks (whether registered or unregistered), domain names, branding and marketing materials; andtrade and service marks (whether registered or unregistered), domain names, branding and marketing materials; and
- d) proprietary rights under the Circuit Layouts Act 1989 (Cth).
Insight means information about your financial position in comparison with third parties in the same geographical area, including information provided to you for educational purposes.
Intellectual Property Rights means such rights as may subsist in the Intellectual Property.
Licence means the licence to use the Platform.
Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense, or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present, or future, fixed or ascertained, actual or contingent.
Minimum Device Operating Requirements means the type of device/operating system you must have in order to access the features and functions of the Platform,
Notifications includes, but is not limited to, updates, alerts, and reminders.
Officers means, in relation to PictureWealth, its employees, agents, advisers, contractors, nominees and representatives.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- a) whether the information or opinion is true or not; and
- e) whether the information or opinion is recorded in a material form or not, as defined by the Privacy Act 1988 (Cth).
PictureWealth, we, or us means PictureWealth Pty Ltd.
Platform means the way in which the Services are provided to you.
Related Third Parties means a User’s immediate family.
Services means the services provided to you by PictureWealth through the Platform.
Subscription Fee means the monthly subscription fee that you pay to maintain access to the Platform and which is calculated by reference to your agreed functionality access level as set by us from time to time on https://picturewealth.com/.
Third Party Account means any account held with an Unrelated Third Party which you may wish to link to the Platform.
Third Party Website means a website that is not owned or controlled by PictureWealth.
Unrelated Third Parties means non-family third parties to which a User may allow access to the Data stored on the Platform, such as (but not limited to) independent advisors, accountants, or tax agents
User, or you means the end user of the Platform
Website means the website https://picturewealth.com/ including any mobile version of it.
2.1. To use the Platform you must be:
- a) over 18 years of age or, if you are under the age of 18, have the permission of your legal guardian;
- b) capable of forming a legally binding contract; and
- c) agree to be bound by the Terms.
2.2. By continuing to access the Platform, you warrant that you fulfil the requirements of clause 2.1.
2.3. In order to access the Platform, you must:
- a) be using a Device which meets the Minimum Operating Requirements; and
- b) be able to access the Internet on the Device.
2.4. If you do not satisfy the requirements of this clause 2, you do not have permission to use the Platform and you must not use the Platform or access the Services.
3.1. In order to access the Onboarding process of the Platform, you must create your Access Credentials. You acknowledge and agree that you are responsible for the security of your Access Credentials.
3.2. Upon creation of your Access Credentials, you may commence the Onboarding process, during which you will be asked to provide certain Data.
3.3. You warrant that any details you provide to Picture Wealth are accurate in every respect and that you will not:
- a) impersonate any other person or entity;
- b) use a false name, alias, or a name that you are not authorised to use.
3.4. Third Party Access
- a) Related Third Parties
- b) Unrelated Third Parties
4. Access to services
4.1. On the condition that you satisfy the requirements of clause 2, and pay the Subscription Fee as and when it falls due, PictureWealth grants you access to the Services through the Platform.
4.2. PictureWealth may, at its sole discretion, modify or update the Platform from time to time and without further notice to you.
4.3. No right is granted to you to reproduce the Platform, or any part of the Content, in whole or in part.
5. Use of the Platform
5.1. You agree that you will not use the Platform in any manner that is unlawful or contrary to law, or prohibited by the Terms.
5.2. Without limiting clause 5.1, you agree not to, directly or indirectly:
- a) provide or upload false information, create false identities, or use or attempt to use another user’s identity;
- b) copy, sell, market, licence, sublicense, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of the Platform, including any Code or Content;
- c) copy ideas, features, functions or graphics of the Platform for use in another product or service;
- d) defame, abuse, harass, stalk, threaten, breach the confident of, or otherwise violate the legal rights (such as the rights of privacy) of any other person or entity;
- e) hack into any part of the Platform through password mining, phishing, or any other means;
- f) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material to the Platform;
- g) circumvent the Platform’s structure, presentation or navigational function so as to obtain information PictureWealth has chosen not to make publically available through the Platform;
- h) probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- i) disrupt an exchange of information between users or otherwise act in a manner that negatively effects users, including through a denial-of-service attack or a distributed denial-of-service attack;
- j) transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by PictureWealth;
- k) harvest information about other users in order to facilitate the transmission of such materials as set out in paragraph (j) above;
- l) take any action that imposes, or in the sole discretion of PictureWealth, may impose an unreasonable or disproportionately large load on PictureWealth’s infrastructure;
- m) forge any TCP/IP packet header, or any part of the header information in any email or posting, or in any way use the Platform to send altered or deceptive or false source-identifying information;
- n) attempt to modify, reverse engineer, or reverse assemble any party of the Platform;
- o) breach any applicable laws or regulations; or
- p) engage in any other conduct which PictureWealth considers, in its sole discretion, breaches the Terms.
6.1 You acknowledge and agree that:
- a) accuracy of the Data you provide to PictureWealth is critical to the Services provided by PictureWealth through the Platform. You warrant that the information you provide to PictureWealth is complete and accurate;
- b) PictureWealth is not responsible or liable for the inaccuracy, incompleteness, and/or misleading qualities of the Data you provide; and
6.2 Where the Platform provides an Insight, you acknowledge and agree:
- a) that the Insight is based on the Data you have provided PictureWealth and statistical information provided by the Australian Bureau of Statistics;
- b) that PictureWealth cannot warrant or guarantee the accuracy of the information it obtains through the Australian Bureau of Statistics;
- c) to expressly release PictureWealth from any Loss of Claim you suffer (whether directly or indirectly) in connection with any act, omission, or decision you make in reliance on an Insight; and
- d) that you must make your own enquiries before acting on, or relying on, the Services or any information provided to you through the Platform.
7. Privacy and Personal Information
7.2. Any non-personal information you send to PictureWealth through the Platform, such as questions, comments, or suggestions, may no t be encrypted and will not be treated as confidential. You agree that you have provided an exclusive, perpetual, royalty free licence to PictureWealth to use, reproduce and modify any non-personal information you provide to PictureWealth for any purpose whatsoever.
7.3. You agree that PictureWealth may disclose the Personal Information it collects about you (including, but not limited to, your name and contact details) to any authorities without limitation. If you have infringed the rights of a third party, you agree that PictureWealth may provide your personal details to the relevant rights holder.
7.4. You agree that PictureWealth may disclose any information that it, in its absolute discretion, considers it is required to disclose in order to satisfy any applicable rule of law, legal process, private request, or government request.
PictureWealth may send automatically generated Notifications to your email address from time to time. If you do not wish to receive such Notifications, you can opt out by clicking the link provided in the email, or adjust the settings of your Device.
9. Mobile Access
You agree that your use of the Platform from the Device may be subject to separate charges imposed by your Device data provider (carrier), such as data usage charges and mobile phone charges and that you are responsible for payment of these charges.
10. No Guaranteed Access
10.1. By its nature, the Internet is not uninterrupted or error-free and so there may be times when the Platform is not available or does not work properly due to technical difficulties.
10.2. PictureWealth cannot guarantee that:
- a) the Platform will be available or working correctly all the time; or
- b) that Notifications are sent in a timely fashion.
10.3. PictureWealth cannot guarantee that the Platform will be free from computer viruses or other defects or errors which may affect your software or systems. You acknowledge and agree that you are responsible for the protection of the Device on which you access the Platform.
11.1 Unless specifically set out in writing to be otherwise, Picture Wealth is the provider of the Services through the Platform as Authorised Representative (AR No. 300640 and 1256446) of Synchronised Business Services Pty Ltd ABN 33 007 207 650 trading as Synchron Australian Financial Services and Life Insurance Broker Corporate Member of the Association of Financial Advisers which holds and Australian Financial Services License (Licence No. 243313) (Licensee).
11.2 Picture Wealth wants you to make an informed decision about the Services offered to you. The information in the FSG sets out how Picture Wealth provides financial Services to you. You should read this information carefully before using the Services as it is intended to:
- a) give you sufficient information to make an informed decision prior to requesting the financial Services; and
- b) to comply with Wealth's obligations as an Authorised Representative.
11.3 The Licensee has authorised the creation and distribution of the FSG which can be found at https://picturewealth.com/fsg.
12. Intellectual Property
12.1. You acknowledge and agree that PictureWealth is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content. You must not reproduce or replicate any part of the Content or the layout or design of the Platform for any reason without the prior written permission of Picture Wealth.
12.2. Your use of the Platform does not provide you with any Intellectual Property Rights in the Platform, Code, or Content.
12.3. You may download and view Content, or print a copy of the material on the Platform for personal, non-commercial use, provided that you do not modify the Content in any way, including by removing any copyright or trade mark notices.
12.4. All trade marks and logos displayed on the Platform are the property of their respective owners and are protected by applicable trade mark and copyright laws.
13.1. The Platform may include links to Third Party Websites. PictureWealth makes no guarantee as to the content, functionality or accuracy of any Third Party Websites.
13.2. Third Party Websites are subject to the terms and conditions outlined by that third party.
13.3. Any links to Third Party Websites do not:
- a) indicate a relationship between PictureWealth and the third party; or
- b) indicate any endorsement or sponsorship by PictureWealth of the Third Party Website or the goods and/or services that third party provides,
- b) unless expressly indicated by PictureWealth.
13.4. Where you wish to obtain products or services through third party providers found as a consequence of Third Party Links located on the Platform, you should obtain a copy of the relevant Product Disclosure Statement before investing in, or purchasing, the financial product or service. The PDS will contain detailed information about that product/service. PictureWealth does not make any representations or guarantees in relation to third party products or services.
13.5. The Platform links to various social networking sites, including (but not limited to) Facebook®, Twitter®, LinkedIn®, and Instagram®. You acknowledge and agree that:
- a) any comments that you post on such social networking sites through a link provided on the Platform are subject to the terms and conditions of that particular networking site;
- b) you will not post any comments that are false, misleading, deceptive or defamatory to PictureWealth or its Officers, or which may damage the reputation of PictureWealth or its Officers;
- c) PictureWealth is not responsible for any comments that you or other users post on social networking sites; and
- d) you will entirely indemnify PictureWealth for any liability, or threat of liability, arising from any comment you post on social media relating to PictureWealth, its Officers, or the Platform including (but not limited to) any settlement sum, penalty or fine and all legal costs and disbursements incurred by PictureWealth in addressing any claim or threat of claim on a solicitor and client basis
- a) The Platform provides assistance by way of real time Chats through FaceBook® and other messenger services using FLIQ.
14. Third parties
14.1. In order to provide the Services to you, PictureWealth may be required to:
- a) use your Data to directly access or link to Third Party Accounts;
- b) disclose your Data to Unrelated Third Parties;
- c) retrieve information about you from Unrelated Third Parties; and
- d) view details of your Third Party Accounts.
14.2. We currently use the services of Yodlee Inc (Yodlee) to enable the Platform to interact with Unrelated Third Parties. You acknowledge and agree:
- a) to your Data being disclosed to Yodlee for this purpose and authorise PictureWealth and Yodlee as your agent for the sole purpose of providing the Services; and
14.4. You warrant that you own the Data and any Third Party Account and that you are authorised to:
- a) disclose the Data in any Third Party Account; and
- b) appoint PictureWealth and Yodlee as your agent for the above purposes.
14.5. Any Third Party Account details, balances or information shown on the Platform represent the most recent information provided to PictureWealth by the relevant Unrelated Third Party. PictureWealth does not warrant or guarantee that the information is accurate or complete and is not responsible for the accuracy or completeness of the information.
14.6. You acknowledge and agree that:
- a) Yodlee is a third party beneficiary under these Terms; and
- b) Yodlee is entitled to all of the rights, protections and benefits of these Terms; and
- b) a reference to PictureWealth is a reference to Yodlee for the purposes of Yodlee enjoying the rights, protections and benefits of these Terms.
14.7. You further acknowledge and agree that, where these Terms conflict with the terms and conditions of your Unrelated Third Parties, you are solely responsible for such a breach and you expressly release Picture Wealth from any Loss or Claim you may suffer for such a breach.
15.1. Except as required by the Australian Consumer Law, the Platform is provided to you on an ‘as is’ basis and without any express or implied warranties, including warranties as to accuracy, completeness, merchantability, or fitness for any particular purpose. To the maximum extent permitted by law PictureWealth does not warrant that the Platform and its Code are free from defects or that it will perform in compliance with any specifications or your requirements. You agree that you use the Platform at your sole risk.
15.2. You acknowledge and agree that:
- a) PictureWealth cannot guarantee uninterrupted access to, and use of, the Platform at all times;
- b) the Platform is not fault tolerant and is not designed or intended for use in connection with environments that require fail-safe performance;
- c) PictureWealth may modify or update the Platform at any time and if you are dissatisfied with the amendments, your sole remedy will be to cease using the Platform; and
- d) you have relied on your own skill, knowledge, experience and judgment, or that of a third party expert outside of the control of PictureWealth, to verify that the Platform meets your requirements and that you are not relying on any warranty of fitness for your needs.
15.3. PictureWealth makes no warranty that it will release updates, service packs, patches or hot fixes in relation to any defects in the Platform.
15.4. You are solely responsible for all of the following:
- a) the use, supervision, management and control of the Platform;
- b) maintaining adequate security measures to prevent unauthorised or inappropriate use of the Platform;
- c) establishing adequate backup and recovery systems to prevent adverse consequences if the Platform malfunctions;
- d) ensuring the security of Access Credentials;
- e) making sure that your Device is suitably configured, maintained and operates so as to enable you to use the Platform;
- f) support of operating systems, ancillary services, or other software or platforms;
- g) recovery of damage or data loss arising from equipment (including memory, hard drive or CPU) failure, network failure, misuse, negligence, alteration, improper wiring, malware, viruses or failure to complete backups.
You indemnify PictureWealth and its Officers from and against any Loss or claim arising out of, or in connection with, your breach of the Terms, the violation or breach of any laws, or the infringement of the rights of any third party.
17.1. Governing Law
The Terms are to be governed by and construed in accordance with the laws of the State of Western Australia. You and PictureWealth submit to the exclusive jurisdiction and venue of the state and federal courts located within the State of Western Australia with respect to any litigation arising out of the breach or enforcement of the Terms.
Where any provision of the Terms is invalid or not enforceable in accordance with its terms, other provisions of the Terms which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
The waiver by PictureWealth of a breach of any provision of the Terms must not operate or be construed as a waiver of any subsequent breach.
Entire Agreement; Binding Effect
The Terms constitutes the entire agreement between you and PictureWealth pertaining to its subject matter and supersedes all prior and contemporaneous agreements, representations and understandings. The Terms may only be amended or modified by PictureWealth. You may not assign, novate, or delegate your rights and obligations under the Terms. PictureWealth may assign, novate, delegate or sub-contract any of its rights and obligations under the Terms.
18.1. The Platform has been developed and designed for Australian residents only and only considers Australian taxation, financial and regulatory environments.
18.2. If you are required to comply with data protection laws and regulations governing the international or cross-border data transfer of information and are not using the Services via an Australia-based Device, your Data and Insights are housed in the jurisdiction:
- a) selected by Picture Wealth, which may or may not be the same as the jurisdiction in which you are located; or
- b) listed on any invoices rendered by Picture Wealth to you.
You should not use the Platform if this creates compliance issues of any nature under your local data protection laws and you agree to indemnify Picture Wealth against any claims relating to breach of data transfer restrictions contained in your jurisdiction’s local data protection laws.