Terms of Use

1.       Terms of Use

 

1.1       These terms create a contract between you and ProductRex (CGHMN Holdings Pty Ltd ABN 41 637 344 800) (us, we or our).

1.2       By using the Services, you agree to be bound by these Terms of Use.

1.3       We may, with notice to you, change these Terms of Use. Your continued use of the Services following any changes indicate your acceptance of the changes.

1.4       These Terms of Use do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

1.5       Use of the Services is subject to our Privacy Policy, which is available at www.productrex.com.au/privacy.

2. Disclaimer

 

2.1       You acknowledge that the provision of the Services by us does not constitute and is not suitable to be acted upon as financial advice.

2.2       You are required to review the data provided by the Services before provision of any financial advice.

2.3       You must exercise your discretion as to whether to rely on a data provided by the Services and you will at all times be responsible for all financial services you provide.

2.4       Any omissions, errors or other faults in the data provided by the Services are entirely your responsibility and no warranty is given by us that the data is accurate.

3. Services

 

3.1 You will and must ensure you access the Services in accordance with:

  • These Terms of Use.

  • Our directions.

  • All applicable laws.

3.2 You agree that your use of the Services is at your own risk.

4. Accounts

 

4.1 In order use the Services, you must set up an account and be at least 18 years of age.

4.2 You are solely responsible for:

  • Ensuring your user login is operated by only one person.

  • Ensuring you do not share, publish or otherwise make available your login to any third party.

  • All activity on your account including any unauthorised access by third parties.

  • Maintaining the confidentiality and security of your account and notifying us immediately of any unauthorised use.

  • Taking appropriate measures to protect your account data from accidental, unlawful or unauthorised access, use or disclosure.

  • Protecting your data, including backing up User Data.

4.3 We are not liable for any loss or damage arising in connection with any unauthorised use of your account.

4.4 You agree and acknowledge that all information you provide us will be true, accurate, current and complete.

4.5 We may, at our sole discretion, access your account to provide support and maintenance services,

4.5 We may, at our sole discretion, suspend or terminate your account and refuse all use of the Services.

4.7 You may cancel your account by notifying us via email at support@productrex.com.au.

5. Fees

 

5.1 There is no fee payable for use of the Services by Approved Industry Participants.

5.2 We may change the applicable fees with 30 days’ notice to you.

5.3 Unless expressly stated, all fees payable under these Terms of Use are inclusive of GST.

6. Content

 

6.1 You are responsible for all User Data that you store, submit or generate through the Services.

6.2 You must ensure that you do not store, submit or generate any User Data that:

  • you do not have legally valid permission, right or license to use;

  • is confidential information belonging to others unless you have obtained legally valid consent;

  • misrepresents your affiliation with another entity;

  • is illegal or fraudulent.

6.3 We may remove User Data which is in breach of these Terms of Use without notice.

6.4 If you choose to store, submit or generate User Data that can be characterised as personal information, this will be at your sole risk and you agree to comply with the Privacy Act 1988 (Cth) and all other applicable laws.

6.5 At no time are the Services to be used for storage of Tax File Numbers. Tax File Numbers or will be removed immediately and without warning.

7. Acceptable Use

 

7.1 You must not:

  • Copy, modify, or create derivative works based on the content or data available in the Services.

  • Use any automated collection method to collect data within the Services.

  • Infringe the intellectual property rights, privacy or confidentiality of us or any third party.

  • Engage in any activity that may result in liability of any kind

  • Interfere with or disrupt the Services in any manner.

8. Term and Termination

 

8.1 These Terms of Use are effective until terminated.  Either party may terminate at any time.

8.2 Upon termination you must:

  1. Notify us within 14 days of the date of termination if you would like to extract your User Data;

  2. Cease using the Services

8.3       If you fail to comply with clause 8.2, we will permanently delete all User Data and any related data.

9. Extraction of User Data

 

9.1 You may request extraction of your User Data at any time during the term of this agreement, or within 14 days of termination.

9.2 You may not extract User Data owned at a “Practice” level unless you are an assigned admin user of your Practice within the Services.

9.3 User Data extraction has a fee of $165 per hour and is payable within 14 days of invoice issue.

9.4 We will provide a database backup containing the extracted data after full payment of the associated invoice.

10. Intellectual Property

 

10.1 We own, or are the licensee of, the intellectual property rights in the content available through the Services.

10.2 These Terms of Use do not transfer any intellectual property rights from us to you or any third parties.  

10.3 If you infringe our intellectual property rights or any third party, we have the right to deny access to or terminate your use of the Services immediately and without notice.

10.4 Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, non-sub-licensable licence to use the Services.

10.5 You agree you must not:

  • Copy, modify, or create derivative works based on the Services;

  • Distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; or

  • Modify, decompile, or disassemble the Services.

10.6 You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon and distribute your User Data in connection with operating and providing the Services and content to you and to other users.

10.7 The ProductRex name, logo and graphics used in connection with the Services are trademarks or registered trademarks of ProductRex in Australia and internationally. You are granted no right or licence with respect to these trademarks.

11. Data

 

11.1 You acknowledge and agree that we may collect aggregated information about your activities and details of how you use the Services to analyse trends, administer and market the Services and generally improve the Services.

12. Maintenance

 

12.1    We may at any time and without notice, suspend or terminate the operation of the Services for any reason, as necessary to perform maintenance, error correction or other reasons.

13. Warranties and Liabilities

 

13.1 To the extent permitted by law:

  • The services and all content delivered to you through the Services are (except as expressly stated by us) provided "as is" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  • We, our directors, staff, contractors, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Services or for any other claim related in any way to your use of the Services and/or content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

13.2 You acknowledge that the use of the Services is at your own risk.  You are responsible for backing up your own User Data, including any content acquired through the services.

13.3 We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.

13.4 If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to:

  • In the case of goods, at our option:

    • The replacement of the goods or the supply of equivalent goods;

    • The repair of the goods;

    • The payment of the cost of replacing the goods or of acquiring equivalent goods; or

    • The payment of the cost of having the goods repaired; and

  • In the case of services, at our option:

    • The supplying of the services again; or

    • The payment of the cost of having the services supplied again.

14. Indemnity

 

14.1 You indemnify and hold us harmless with respect to any claims arising out of your breach of these Terms of Use or your use of the Services.

15. Additional Terms

 

15.1 If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

15.2 A failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision.

15.3 We will not be responsible for failures to fulfil any obligations due to causes beyond our control.

15.4 These Terms of Use will not be interpreted to confer any rights on any third parties.

15.5 These Terms of Use constitute the entire agreement between the parties, with any and all other agreements previously existing hereby replaced.

15.6 These Terms of Use are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales to resolve any dispute arising from these Terms of Use.

 

16. Definitions

 

16.1 In these terms of use:

Approved Industry Participants means:

  • Directors, staff and contractors of financial planning practices.

  • Directors, staff and contractors of outsourced paraplanning services or financial planning administration services.

  • Other individuals explicitly approved by us.

Services means the ProductRex webapp, website, services and any data made available by us.

User Data means data contained within your account. Limited to:

  • Data relating to you as an individual.

  • Data relating to your practice.

  • Data relating to your AFSL licensing.

  • Data relating to your clients.

  • Data generated using the Reports functionality.

User Data specifically excludes:

  • Platform-level data not linked to specific scenario instances.

  • Investment-level data not linked to specific scenario instances.

  • Portfolio data not linked to specific scenario instances.

  • Themes, Model Portfolios and Risk Profiles created by ProductRex.