WealthX PTY LTD – Master Service Terms

1 Introduction

1.1 When does your Agreement start and finish?

By creating a WealthX account (Account), registering for or accessing our Services, or completing the steps for sign-up, you agree to be bound by:

• these Master Service Terms;
• our Privacy Policy available at https://wealthx.au/privacy/, and any of our other policies as communicated to you from time to time;
• any applicable laws and regulations; and
• any reasonable direction from us, including those required by law,

together, your Agreement). Your participation constitutes a binding agreement between you and us on the terms of this Agreement.

If any document that is part of your Agreement (as listed in clause 1.1) contains a term that is inconsistent with a term in another document, these Master Service Terms shall prevail. The only exception is where a term explicitly states that it applies regardless of any other parts of these Master Service Terms.

Your Agreement does not have a minimum term unless explicitly stated and continues until it is terminated or not renewed in accordance with these Master Service Terms.

1.2 Responsibility for persons you allow to use the Services

You agree that you are responsible for:

• your use of the Services; and
• any other person to whom you grant access to your Service (User).

2 Third Party Services

We may, from time to time, offer you services which will be provided to you directly by third parties (Third Party Services). If you elect to purchase any Third Party Services, then:

• you will be directed to sign-up to the Third Party Services terms and conditions (Third Party Terms and Conditions);
• you acknowledge and agree that:
  • the Third Party Terms and Conditions (and not these Master Service Terms) applies to those Third Party Services; and
  • the provision of the Third Party Services by the third party remains subject to you accepting those Third Party Terms and Conditions.

3 Use of the Services

3.1 Provision of Services

We will:

• provide the Services in accordance with these Master Service Terms and in a professional and competent manner;
• serve as a resource to you and, unless otherwise agreed in writing, will not exercise any decision-making authority or control with respect to the advisory services provided by you; and
• take such action and provide you (or your auditors or a regulatory authority, as reasonably directed by you) such information within our possession as you reasonably require to enable you to comply with your obligations under any applicable law.

3.2 Account Eligibility

To create an Account, you must:

• be at least 18 years of age;
• be an accredited and licensed (as applicable) broker, accountant, or financial advisor;
• complete the registration process via our website, mobile app or any other channel we make available to you (including by making payment if applicable) by providing your full name, email address, phone number and any other information as requested, and for applicable Services and as required by law, verifying your identity.

3.3 Using the Services

By creating an Account or accessing the Services, you:

• must immediately notify us of any suspected or actual unauthorised access to your Account;
• must maintain (and must ensure your Users maintain) confidentiality of all login details;
• are responsible for maintaining and updating the accuracy of the information you provide to us relating to your Account or use of the Services;
• are responsible for the handling of personal information of Users, including where applicable, implementing a privacy policy in accordance with the Privacy Act 1988; and
• are responsible for ensuring that any device you use is secure and capable of using the Services you have purchased.

3.4 Restrictions on use of the Service

You must not (and must ensure that any Users do not) use or attempt to use the Services to:

• infringe or interfere with the legal rights, privacy or safety of any other person;
• upload, create, share, distribute or provide any materials which are illegal, unlawful, discriminatory, defamatory, obscene, harmful, threatening, harassing, or otherwise prohibited;
• affect the Services' reliability or effectiveness or modify or merge the Services with any other software;
• resell, distribute or reproduce any part of the Services;
• engage in fraud, misleading or deceptive behaviour;
• access any unauthorised part of the Services;
• attempt to compromise the security of the Services in any way;
• scrape, harvest or data-mine any content or information from the Services; or
• except where the Services provide, send unsolicited offers or marketing through the Services.

4 Payment

4.1 Fees

By creating an Account and accepting these Master Service Terms, you agree that we have the right to charge and collect payment for the Services (Fees) where applicable to you.

All Fees will be stated to you at the time of purchase and may be updated from time to time. We may change the price of our Service from time to time; however, any price will apply to you no earlier than 30 days following notice to you.

You can manage your account and cancel your Services before the next renewal cycle via the settings in your Account or by which you subscribed (e.g. Apple Store).

4.2 Billing and payment method

If your Service is subject to a renewal period and includes an auto-renewal feature, you also agree that we have the right to charge and collect payment on a recurring basis at the applicable renewal rate from your stored payment method, unless you cancel the Service in accordance with the cancellation terms set out in clause 12.2.

We do not provide refunds or credits (including any unused portion of the current billing period), unless required under the applicable local consumer law that applies in your jurisdiction.

5 Changing this Agreement or Services

5.1 Changes we will notify you of

We will give you at least 30 days' written notice via email before we make a change that may adversely affect you or that could interfere with your enjoyment of the Service. If you do not agree to a change made to your Agreement, you may elect to cancel your Service.

5.2 Changes we may notify you of

We may make changes to this Agreement without first notifying you if those changes are beneficial or neutral changes, or changes permitted by law where we are required to, or reasonably consider it fair to, make such a change.

6 Confidentiality

Each party will protect each other's Confidential Information from unauthorised use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Each party may disclose such Confidential Information solely to employees, contractors, agents, and professional advisers who have a need to know, as necessary to comply with applicable law, or to related bodies corporate.

7 Intellectual Property

7.1 Intellectual Property Rights

The Services and all materials and information contained within or generated by the Services are protected by our or our suppliers' intellectual property rights. Nothing in these Master Service Terms transfers ownership of Intellectual Property to you unless expressly permitted.

7.2 Licence to use Services

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services and Intellectual Property strictly in accordance with these Master Service Terms.

7.3 User Content

By uploading, creating, or submitting User Content through your Account, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, use, reproduce, modify, display, communicate and otherwise handle User Content for the purpose of providing, operating and improving the Services.

8 Warranties

Each party represents and warrants that it has the legal capacity and authority to enter into these Master Service Terms, holds all necessary authorisations, and maintains appropriate insurance policies.

You agree that the Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be complete, accurate, meet your needs, or be uninterrupted or free from errors. The Services do not constitute financial advice.

9 Consumer rights

Your Agreement never operates to exclude or modify the applicable local consumer law that applies in your jurisdiction or to limit your remedies for breach of them in a way that is not permitted by law.

10 Liability

Except where we are liable to you under these Master Service Terms or under applicable law, we exclude, to the maximum extent permitted under law, all liability arising under or in connection with this Agreement. Each party's maximum aggregate liability will not exceed the Fees actually paid by you to us in the 12 months immediately preceding the first event giving rise to the relevant liability.

11 Indemnity

You agree to indemnify, defend and hold us harmless from and against all Claims arising out of your fraud, negligence or wilful misconduct, your use of the Services, a breach of these Master Service Terms by you, or our acting in accordance with these Master Service Terms in good faith.

12 Termination

12.1 When we may suspend or cancel the Services

We may suspend, restrict or cancel your Services without prior notice if you breach clause 3, breach any clause likely to cause serious harm, intimidate or harass staff, make frivolous complaints, or breach any clause not remedied within 5 business days of our written request.

12.2 Request by you to cancel the Services

You can cancel the Services within your Account or through your App Store. You will continue to have access until the end of the billing period. For auto-renewing Services, you must cancel at least 24 hours before the renewal date.

12.3 Terminating this Agreement

You may terminate one or more Services without affecting any other active Services. We may terminate one or more of your Services at our discretion within 30 days' written notice via email. Once a Service is terminated, you will not be able to use that Service and the associated Account may also be closed.

13 Disputes and Complaints

If you wish to dispute any aspect of the Services or make a complaint, you can do so by emailing us at support@wealthx.au.

We will use best endeavours to resolve your dispute or complaint. However, if you are not satisfied, you may refer the dispute to your local fair trading or consumer affairs authority, or the relevant data protection or privacy authority in your jurisdiction.

14 General

14.1 Novation and assignment

We may assign all or part of our rights under these Master Service Terms to any party at any time, provided we give you 30 days' prior written notice. You cannot assign or novate your rights without our written consent.

14.2 Force Majeure

A party is excused from performance of an obligation (other than payment) while prevented by Force Majeure if it notifies the other party and uses reasonable efforts to mitigate.

14.3 Entire agreement

These Master Service Terms embody the entire agreement of the parties and supersede any prior agreements, understandings, representations and undertakings.

14.4 Severance

If any provision is held to be void or unenforceable, it will be severed to that extent, but the remainder will remain in full force.

14.5 Waivers

Failure to exercise a right does not preclude further exercise. A waiver is only effective if given in writing.

14.6 Survival

Clauses 2, 6, 7, 8, 10, 11, 12, 13 and 14 survive expiration or termination.

14.7 Governing law and jurisdiction

These Master Service Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts having jurisdiction in that state.

14.8 Contact

WealthX PTY LTD
Address: 14 Moui Ave, Chittaway Bay NSW 2261, Australia
Email: support@wealthx.au