Introduction and acceptance of terms and conditions
1. The AHFA Website Solution (“the Platform”) is an internet-based administration facility owned and operated by Aon Hewitt Financial Advice Limited ABN 13 091 225 642 (“AHFA”, “us”, “we”) for AHFA financial advisers and authorised representatives (“you”, “your”).
2. The website, user dashboard and associated tools that AHFA makes available to you as part of the Platform are administered by The Digital Marketing Agency ABN 64 131 425 771 (“the DMA”).
3. Your access and use of the Platform is governed by these terms and conditions (Terms).
4. Your access and use of the Platform constitutes your agreement with and acceptance of these Terms. If you do not accept these Terms you may not use or continue to use the Platform.
5. These Terms may change or be updated from time to time (by way of a notice to you on the Platform or by any other means of communication) and it is your responsibility to ensure that you remain in agreement with the current Terms.
Content and access
6. The Platform is for the use of financial advisers and authorised representatives of AHFA only.
7. The registration process for the Platform requires you to provide a unique and valid email address, user name and password (User Identification Details) which you are required to keep confidential and secure against any improper or unauthorised use.
8. Access to the Platform is only available to you whilst you are a registered user and once access is granted, any actions made using your User Identification Details will be deemed to be made by you or with your authority.
9. You must only access the Platform for legitimate and lawful purposes and in accordance with any instructions or directions provided to you.
Responsibilities of AHFA and you
10. You acknowledge and confirm that all information you provide to us is correct, current and complete.
11. You are responsible for any action or instruction carried out in conjunction with your User Identification Details.
12. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information on the Platform which you seek to rely upon.
13. AHFA will use reasonable care in preparing and maintaining the information on the Platform however AHFA does not warrant the accuracy, reliability, adequacy or completeness of its content.
14. AHFA does not guarantee that access to the Platform will be uninterrupted or free from viruses or anything else which may damage any computer which accesses this Platform or any data on such a computer.
Compliance with regulatory and marketing requirements
15. From time to time, the terms and conditions in relation to your use of the Platform will need to change for AHFA to maintain its compliance with regulatory and marketing requirements.
16. You acknowledge that AHFA may impose additional fees to you for your continued use and access of the Platform should changes be required for AHFA to maintain its compliance with regulatory and marketing requirements.
17. AHFA will provide you with at least two weeks’ notice of any changes required by you for AHFA to comply with regulatory and marketing requirements and before any fees are incurred.
18. If mandatory regulatory and marketing requirements are unable to be implemented by AHFA, AHFA may use a third party to administer the required changes and these costs will be recovered from you.
Limitation of liability
19. To the maximum extent permitted by law, AHFA excludes all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the use or performance of the Platform.
20. Where the law implies a warranty into these Terms which may not lawfully be excluded, AHFA’s liability for breach of such a warranty shall be limited to the supply of the services to you again or payment of the cost of having the services supplied to you again.
21. You acknowledge and agree that AHFA owns all right, title and interest in information and materials (in whatever form or media) we provide to you or is provided to you on behalf of us that we develop (or are involved in developing).
22. You own all right, title and interest to information and materials you provide to us or are provided to us on your behalf.
23. The materials displayed on this website and Platform is protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your use and only provided that any copyright notice on such a display or page is not removed.
24. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any information and materials (to which AHFA own right, title and interest) to any third party without the express prior written consent of AHFA.
25. Any reference to currency on the website and Platform is a reference to Australian dollars unless otherwise specified.
26. AHFA may terminate its agreement with the DMA as the platform administrator and/or your use and access of the Platform at its discretion and without prior notice to you.
27. Should AHFA terminate this Platform completely and/or commence an agreement with another platform administrator, you will be provided with three months’ notice prior to the date of termination and before any data from the Platform is exported to the other platform administrator provider.
28. If you cease to be an adviser or authorised representative of AHFA and request for your data to be exported from the Platform, you will need to provide AHFA with one month’s written notice before any data may be exported. You acknowledge that AHFA will impose additional fees to you in relation to the cost of the DMA or any other platform administrator exporting your data from the Platform (export fees).
29. If you cease to be as an adviser or authorised representative of AHFA and do not make a request for your data to be exported and/or do not agree to pay the data export fees within the timeframe specified in a notice provided by AHFA to you, your access to the Platform will cease on the date your position as an adviser or authorised representative of AHFA ends.
30. These Terms are governed by and construed in accordance with the state of New South Wales, Australia. In the event that a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.