Security & Compliance

Last Updated: September 2017

This Terms of Use ("Terms") applies to Everwealth International Pty Ltd, ACN 602 234 079 ("we", "us", or "our"), for services, websites and applications collectively called ("Everwealth").

By accessing or using Everwealth, you agree to the Terms set forth below and our Privacy Policy whether or not you are a registered user of Everwealth. If you do not agree with the Terms, you are not authorised to use Everwealth for any purpose.

Privacy Policy

For more information on Everwealth's data protection practices, please read our Privacy Policy, which sets out how we protect your personal information when you access and use Everwealth. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to Everwealth.

General

  1. We reserve the right to modify or remove parts of Everwealth at any time.
  2. We will introduce improvements and new features into Everwealth from time to time, some of which may be subject to charges.
  3. We may communicate with you via email or push notifications regarding your account, system updates, or other issues related to your account.

Account Terms

  1. You must be a human, accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
  3. You must be the only person using your account - a single account shared by multiple people is not permitted.
  4. You are responsible for maintaining the privacy and security of your account. Everwealth will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. Please view our Privacy Policy for more details.
  5. You may not use Everwealth for any illegal or unauthorised purpose.

Fees and Charges

  1. Some areas of Everwealth may be subject to a fee ("Fees"). Where these Fees are applicable they will be made available on Everwealth.
  2. Fees are billed in advance on a monthly or yearly basis. There will be no refunds or credits for partial months, upgrade/downgrade refunds, or refunds for months unused.
  3. If you choose to downgrade, we are not liable for the resulting loss of content, features, or capacity.
  4. All amounts are stated in Australian dollars and are inclusive of applicable taxes.
  5. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Everwealth.
  6. If you delete your account prior to the start of the next billing period, your cancellation will take effect immediately and you will not be billed again.
  7. Prices of any service Everwealth provides, including but not limited to Fees, are subject to change upon 30 days' notice from us. Such notice may be provided by posting the changes to Everwealth itself or sent via email to your last known email address.
  8. Where you access Everwealth via a third party such as your telecommunications provider, we are not responsible for any changes, updates or fees.

Termination

  1. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of Everwealth, for any reason at any time. Such termination of Everwealth will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
  2. In the event that we take action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

Copyright

  1. You acknowledge that Everwealth is licensed to you and that we retain ownership of all right, title and interest to Everwealth, Everwealth design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
    You agree not to:
    (i) copy, modify, or reverse engineer Everwealth's hardware, software, or design, make derivative works based upon Everwealth, or use Everwealth to develop any Services, without Everwealth's prior written approval;
    (ii) sell, license, rent, or transfer Everwealth to any third party. Everwealth (and its licensor's, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Everwealth.
  2. Everwealth claim's no intellectual property rights over any of the content or data you upload or add to Everwealth. All data added to Everwealth by you retains its original ownership.
  3. You must not, in the use of Everwealth, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  4. Everwealth takes no responsibility for sites linked to or from Everwealth.

Liabilities and Indemnities

  1. Neither Everwealth, its subsidiaries, related companies or their directors, affiliates, officers, agents, and other partners and employees shall be liable in any way for:
    (i) any incorrect or inaccurate content posted on Everwealth;
    (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications;
    (iii) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on Everwealth, including injury or damage to users or to any other person's computer related to or resulting from use of Everwealth.
  2. We do not warrant that:
    (i) the results that may be obtained from the use of Everwealth will be accurate or reliable;
    (ii) the quality of any products, services, information, or other material purchased or obtained by you through Everwealth will meet your expectations;
    (iii) any errors in Everwealth will be corrected.
  3. Everwealth is provided on an "as-is" and "as available" basis and to the extent permitted by law, disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
  4. You agree to indemnify and hold Everwealth, its subsidiaries, related companies or their directors, affiliates, officers, agents, and other partners and employees, harmless from any damage, loss, cost, expense, liability, claim, or demand however it arises and whether it is direct or indirect, present or future, fixed or unascertained, actual or contingent, including reasonable legal fees, made by any third party due to or arising out of your use or access of Everwealth, your breach of these Terms or your breach of any other legal obligation or law or the rights of a third party.

Governing Law

  1. These Terms (and any other rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland.

Questions

If you have any questions regarding this Terms of Use, please contact us and we will gladly discuss them with you.