Terms of Use

These website terms of use (Terms) govern your use of our website located at www.advicemarket.com (Site) and form a binding contractual agreement between you (the user of the Site) and us, Advice Market Pty Ltd (ACN 168 550 016) (AdviceMarket).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@advicemarket.com.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

DEFINITIONS

References to “we”, “us” and/or “our” in these Terms is a reference to AdviceMarket.

References to “you”, “your(s)” and/or “user(s)” means any person using or browsing the Site including but not limited to Advisers and Consumers.

“Adviser(s)/Advisor(s)” is a person, company and/or other entity listed on the Site for the purpose of being connected with Consumers.

“Consumer(s)” is a person, company and/or other entity who visits the Site for the purpose of being connected with Advisers.

“Claim(s)” means any loss, cost, action, proceedings, damages, expenses (including but not limited to legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us.

“Membership Renewal Date” means:
For monthly membership – 30 days prior to the date on which your monthly membership fee is due to debited from your account; and
For yearly membership – the twelve (12) month anniversary of the date on which you paid for membership to the Site or the date on which your membership was automatically renewed in accordance with these Terms.

“Dream Team” is a reference to a group of Advisers nominated by a Consumer as their preferred supplier of professional services.

“Rating System” is a five star rating system which allows Consumers to rate their experience with an Adviser by giving them a rating out of five (5). With five (5) being an excellent experience and one (1) being an unsatisfactory experience with the Adviser.

“brief” means a request posted on the Site by a Consumer seeking an expression of interest from Advisers.

“Pitch” means the right for an Advisor to respond to an brief by a Consumer.

“Site” means www.advicemarket.com.

“Site Purpose” means the purpose of the Site as defined at clause 1 of these Terms.

“Social Media” means social media forums, applications, functions and promotions (including but not limited to Facebook, LinkedIn, Google+, YouTube and Twitter).

“Approved Pitch” means a successful connection of a Consumer to an Adviser.

1 WHAT WE DO

1.1 AdviceMarket is a website designed to assist in the process of searching, communicating and connecting people seeking legal, financial planning, property, lending and/or accounting advice with advisers who are in the business of providing such advice (the Service).

1.2 For the avoidance of doubt, the Site provides the service of assisting the introduction of Advisers and Consumers and does not in any way provide advice of any kind whatsoever.

1.3 Clauses 1.1and 1.2are collectively referred to in these Terms as the ‘Site Purpose’.

2 NO ADVICE

2.1 AdviceMarket does not provide advice of any kind whatsoever.

2.2 The Site is not a forum for the provision of advice. The Site’s only purpose is the Site Purpose (as defined at clause 1 of these Terms).

2.3 By using this Site you acknowledge and agree that nothing on the Site constitutes any legal, financial planning, property, lending, accounting advice and/or any other advice on which you can or should rely in any way whatsoever.

2.4 We do not take responsibility for (nor do we endorse) any advice provided by an Adviser to a Consumer.

2.5 Any advice provided by an Adviser to a Consumer is provided at the complete discretion of the Adviser. The Adviser must not rely on any information received through the Site for the purpose of providing advice to a Consumer. The Adviser must at all times make its own enquiries as to the information required to provide advice.

2.6 The Consumer must not rely on information received through the Site about an Adviser

3 PRIVACY

3.1 Please refer to our Privacy Policy for information on how the company collects, uses and discloses personally identifiable information from users.

4 RATINGS SYSTEM, CONSUMER COMMENTS AND DREAM TEAM NOMINATIONS

4.1 The Site provides Consumers with the opportunity to rate their experience with Advisers. This may include the Consumer giving the Adviser a rating (in accordance with the Rating System), nominating a Dream Team and/or posting comments about the Adviser on the Site.

4.2 Any comment, rating, opinion or Dream Team nomination is made at the complete discretion of Site users. We deny any responsibility whatsoever for any negative or positive comments, opinions, ratings and/or Dream Team nominations on the Site.

4.3 We do not endorse any opinion, comment, rating or Dream Team nomination posted on the Site.

4.4 By using the Site you accept complete responsibility for the effect or consequences of any content posted by you on the Site

5 ADVISER APPLICATION PROCESS

5.1 In order to gain access to the Site, Advisers must lodge an online application.

5.2 We reserve the right to deny any person access the Site for any reason whatsoever (including, but not limited to, if we are not able to verify the Adviser’s identity) at our sole discretion.

6 ADVISER VERIFICATION

6.1 Advisers will be required to go through a basic verification process after being listed on the Site. The purpose of the verification process is to confirm:

(a) the advisers email address;
(b) the advisers identity;
(c) that the Adviser has attained the qualifications as indicated to us by that Adviser; and
(d) that the Adviser is a member of the relevant professional body
(e) that the adviser has not been listed as disqualified or banned to provide advice by regulatory authorities (refer to 6.4(f)).

6.2 The Site will indicate that an Adviser has been verified with a Blue “V” highlighted on the Adviser’s profile page.

6.3 In order to verify the Adviser we rely on information provided to us by the Adviser and/or, in some cases, a third party. We exclude any liability whatsoever which arises or which is alleged to arise from a failure by us to properly verify an Adviser.

6.4 The Adviser must immediately notify us if any of the following events occur:

(a) the Adviser is the subject of any disciplinary hearing related to their profession;
(b) the Adviser is ordered by a relevant professional body to cease practicing;
(c) the Adviser fails to renew their licence to practice;
(d) the Adviser is charged with or convicted of a criminal offence;
(e) the Adviser changes their name, contact details and/or business address;
(f) the Adviser is the subject of ASIC ban/disqualification or adverse finding by the ICAC;
(g) is found by a court to have acted dishonestly and/or fraudulently; and/or
(h) anything else likely to affect their ability to continue practicing.

6.5 Advisers authorise us to provide their personal details to third parties for the purpose of verification.

6.6 In order to verify an Adviser we may be charged fees by third parties (verification Fee). Any third party fees incurred by us in relation to the verification of any Adviser will be on-charged to that Adviser.

7 PRICING

7.1 These Terms are subject to the pricing terms as advertised on the Site from time to time.

7.2 For the avoidance of doubt, pricing and other terms advertised on the site form part of these Terms and may be enforced as a term of a legally binding contract between you and us.

8 LICENCE TO USE SITE

8.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.

8.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

8.3 The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor, warrant or approve any such user generated content or any content available on any linked website. Further, you acknowledge that you should make your own enquiries of any third parties in respect of that information.

9 CONTENT POSTED BY YOU ON THE SITE

9.1 You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Site or transmit to other users.

9.2 You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the content on the Site.

9.3 You understand and agree that we may, but are not obligated to, monitor or review any content you post. We may delete any content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Site and/or AdviceMarket.

9.4 You may not post, or transmit to us or any other user (either on or off the Site), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, inappropriate, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

9.5 The following is a non-exhaustive list of the kind of content that is prohibited in the Site and you must not post, upload, display or otherwise make available content that:

(a) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) advocates harassment or intimidation of another person;
(c) requests money from, or is intended to otherwise defraud, other users of the Site;
(d) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
(e) promotes information that is false or misleading, or promotes, offers or provides any illegal activities or conduct that is defamatory, libelous or otherwise objectionable or otherwise contravenes any applicable laws or regulations;
(f) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
(g) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(h) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(i) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18 (or 21 in places where 18 is not the age of majority);
(j) provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
(k) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
(l) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(m) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(n) disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
(o) solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her explicit permission in accordance with applicable law; and
(p) publicizes or promotes commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

9.6 Your use of the Site, including all content you post through the Site, must comply with all applicable laws and regulations.

9.7 We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates or may have violated these Terms, including without limitation removing any offending communication from the Service or terminating or suspending the account of such violators.

9.8 You agree that the we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your briefs for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the us or any other person.

9.9 You agree that any content you place on the Site may be viewed by us and our affiliates, our employees, officers, licensees, service providers, advisors and successors, or by other users and may be viewed by any person visiting or participating in the Site.

10 USER ACKNOWLEDGMENT

10.1 You acknowledge and agree that:

(a) we do not endorse any of the content posted on the Site by users;
(b) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
(c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(d) we reserve the right to modify, suspend or discontinue any part of the site with or without notice at any time and without any liability to you;
(e) you are completely responsible for maintaining the security of your login details and passwords and in no circumstances are we to be held responsible for any unauthorised access to your account;
(f) whilst we take great care in securing the transmission of information over the internet, we cannot ensure the security of any information you transmit to us and therefore you do so at your own risk; and
(g) you agree to the terms of the Site Privacy Policy issued and updated by us from time to time.

11 INTELLECTUAL PROPERTY RIGHTS

11.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

11.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

11.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

11.4 The licence in paragraph 11.2 will survive any termination of these Terms.

11.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs 11.2 and 11.3.

12 WARRANTIES

12.1 You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms and to post any material posted by you on the Site;
(b) you have complied and will continue to comply with these Terms;
(c) you will at all times comply with your professional obligations as a person qualified to practice in your respective field (for Advisers);
(d) you hold a current professional indemnity insurance policy which will provide you with cover in respect of any advice you provide to a Consumer (for Advisers); and
(e) information you provide to us is true and correct and not in any way false or misleading.

13 LIABILITY & INDEMNITY

13.1 To the full extent permitted by law, we exclude all liability:

(a) for any breach of these Terms by any user of the Site;
(b) in respect of loss of data, interruption of business or any consequential or incidental loss or damage;
(c) for any advice provided by an Adviser (including but not limited to any loss suffered by a Consumer in respect of any negligent, reckless and/or fraudulent act or omission by an Adviser);
(d) arising from a Consumer refusing to pay an Adviser’s professional fees and/or disbursements;
(e) for any comment, opinion, rating and/or Dream Team nomination expressed by you (including but not limited to any comment, opinion, rating and/or Dream Team nomination posted on the Site);
(f) for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the use of the Site; and
(g) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation of the Site.

13.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

13.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

13.4 You expressly agree to indemnify, hold harmless and keep us indemnified from and against any Claim by you, a third party and/or any other user of the Site, which results from any breach of these Terms by you.

13.5 subject to the limitations of liability set in these Terms you agree that our total liability for any losses, damages and/or Claims including (but not limited to) liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you during the preceding 12 month period.

14 TERM AND TERMINATION

14.1 The Terms will remain in full force and effect while you use the Site and/or have an AdviceMarket account. You may delete your account at any time, for any reason, by emailing info@advicemarket.com

14.2 We may terminate or suspend your account at any time without notice if the we believe that you have breached these Terms, or for any other reason, with or without cause, in our sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees.

14.3 We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After expiry or termination for any reason, all terms of the Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Expiry or termination shall not affect either party’s rights or liabilities.

15 PAYMENT GATEWAY SECURITY

15.1 We use the eWay Payment Gateway for all online credit/debit card transactions. All online credit/debit card transactions performed on the Site are secured payments.

15.2 The eWay payment Gateway has the following security features:

(a) payments are fully automated with an immediate response;
(b) your complete credit card number cannot be viewed by us or any outside party;
(c) all transactions are performed under 128 Bit SSL Certificate;
(d) all transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data;
(e) eWAY is an authorised third party processor for all the major Australian banks;
(f) eWAY at no time touches your funds; and
(g) all monies are directly transferred from your credit card to the merchant account held by us.

16 DELIVERY OF SERVICES

16.1 Consumers – Consumers enter the Site for the purpose of being connected with an Adviser. In order to be connected with an Adviser, a Consumer must fill out a brief form providing their details and an outline of their advice requirements. Consumers are not charged any fees by us to use the Site. Any fee charged to the Consumer by the Adviser is at the complete discretion and responsibility of the Adviser and we exclude any liability whatsoever in relation to any fees charged to the Consumer.

16.2 Advisers – Professionals seeking to be connected with Consumers can apply to become Advisers by completing an online form and providing details of their professional qualifications.

17 MEMBERSHIP AND PITCHES

17.1 Advisers who have paid for a yearly or monthly membership will (subject to these Terms) have the ability to see and respond to an brief from a Consumer.

17.2 Alternatively, if the Adviser has not paid for a yearly or monthly membership, the Adviser may choose to respond to an brief by paying a one off fee to make a Pitch.

18 AUTOMATIC RENEWAL OF MEMBERSHIP

18.1 Your purchase of yearly or monthly membership to the Site includes an automatic renewal service which will automatically renew your membership to the Site by debiting the credit/debit card.

18.2 In order to cancel the automatic renewal of your membership you must provide us with written notice of your intention to cancel thirty (30) days prior to your Membership Renewal Date.

19 CANCELLATION OF YOUR MEMBERSHIP (FOR ADVISERS ONLY)

19.1 If you have subscribed for a yearly or monthly membership, you may cancel your membership in accordance with clause 18.2.

19.2 You will not be entitled to refund of any fees charged to you by us otherwise than as set out in clause 20 of these Terms.

19.3 We may cancel your membership if you fail to make any payments required by your membership subscription.

20 REFUNDS

20.1 Subject to clause 20.2 and the terms of any promotion we may offer from time to time, if within seven (7) days of you making payment of a yearly or monthly membership to our Site you decide that you no longer wish to proceed with your membership, you must immediately notify us your intention to seek a refund and provide reasons as to why.

20.2 If you seek a refund in accordance with clause 20.1 you agree that:

(a) you will not be automatically entitled to refund and we hold ultimate discretion to grant a refund depending on the circumstances;
(b) you will not be entitled to receive a refund if the refund request is received by us more than seven (7) days after you have made payment of your membership subscription; and
(c) we reserve the right to reduce any refund by a $30 (AUD) administration fee.

20.3 Notwithstanding any other clause of these Terms, under no circumstances will an Adviser be entitled to a refund for any Pitch or any adviser Verification Fee.

21 CHANGES TO THESE TERMS

21.1 We reserve the right to change these Terms (and any other terms listed on the Site) in our absolute discretion. Such changes shall be effective immediately upon the new terms being posted on the Site. Further use of the Site will be subject to the terms as revised from time to time. If you do not agree with these Terms and/or the Site terms as revised, please cease using the Site.

22 DISPUTES

22.1 If you have a dispute about these terms, our service or any aspect of the Site, please contact us immediately at info@advicemarket.com to resolve the issue.

23 GENERAL

23.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

23.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

23.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

23.4 These terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.