Terms and privacy

Introduction

Life Sherpa® recognises the trust you have placed in us to help you improve your finances. In order to help you improve your financial position we need to know about you, your family, your financial circumstances and your values, goals and objectives. We appreciate that some of this information is particularly sensitive. We assure you that we will treat this information with respect and confidentiality and have implemented a number of important security measures to protect your privacy. This policy provides an outline of what information we collect and why we collect it as well as how we protect it. It also gives you information about how you can correct your information and how to tell us if you think there has been a breach of your privacy.

TERMS OF USE

LifeSherpa.com.au (the “Website”) is operated by Life Sherpa Pty Ltd ABN: 12 602 793 368. The Website is intended only for use by residents of Australia who are over 18 years old. No offer of financial services is made in any other Jurisdiction. By accessing the Website or becoming a Member you agree to be bound by these Terms of Use and our Privacy Policy. We may amend these Terms of Use and our Privacy Policy from time to time.  When We do so, We will post the amended version on the Website.  If you continue to use the Website, you will be deemed to have accepted the revised Terms of use. If you do not agree with the Terms of Use, do not proceed to access the site or its content. We reserve the right to modify, disable (permanently or temporarily) or discontinue any part of the Website and to alter, amend or withdraw any information or material appearing on the site without liability or further notice to you.

Financial AND CREDIT Advice

In general, the information and material published on the Website or otherwise made available to you by us (including any tools, calculators, linked sites or third party content) is for general and illustrative purposes only and is not intended to constitute specific commercial, financial, investment, accounting, taxation or legal advice.

PERSONAL ADVICE

Where you expressly seek, and we provide, Personal Advice (that is, it takes into account your objectives, financial situation or needs) we will provide you with a written Statement of Advice or other document as required by the Corporations Act.

GENERAL ADVICE WARNING

Any other Advice is General Advice and has been provided without regard to the needs or specific financial objectives of any particular user of the Site.

Accordingly, you should consider whether the use of such information or material is appropriate in your individual circumstances and seek advice from a qualified professional before making any financial decisions. In particular, before deciding to acquire a financial product, read the relevant disclosure document and consider whether the product is suitable for your needs, objectives and circumstances. Ask your Sherpa for advice.

WE RELY ON WHAT YOU TELL US ABOUT YOURSELF

Certain functions of the Website and any Advice that we provide to you are based on the information you have provided us in response to questions on Money Personality, FinancialFreedom Factor, Your Financial Life and any form required in relation to any request for advice.

If the information provide by you is out of date, incomplete or inaccurate, the Advice may not be appropriate to your needs, objectives or circumstances. Before acting on any advice you should review the information you have provided to us to ensure it is timely, complete and accurate. If in doubt Ask your Sherpa.

LIFE SHERPA® IS LICENCED BY ASIC

Financial Advice and Credit Assistance are provided in accordance with our Combined Financial and Credit Services Guide. You should read this before acting on any Advice.

Financial Advice (as defined in s766B of the Corporations Act (Cth) 2001), is provided by Life Sherpa Pty Limited as an authorised representative of MoneySherpa Pty Limited (ACN: 164 927 708). Credit Assistance is provided by Life Sherpa Pty Ltd as credit representative of MoneySherpa Pty Limited.

MoneySherpa Pty Limited holds Australian Financial Service Licence No. 451289 and Australian Credit Licence No. 451289 issued by the Australian Securities and Investments Commission. 

Membership

Memberships are personal and may not be shared. Organisations, companies, businesses or institutions may not become Members. We may make available from time to time various classes of membership. Each class of Membership has associated rights and privileges. Some classes of Membership require payment of a Membership Fee. Details of Membership Classes are published on the PlansPage of the Website. The Owner reserves the right to cease operating the Website or to add or delete classes of membership from time to time and to amend the rights and privileges associated with each class without further notice to you. You may terminate, upgrade or downgrade your membership at any time. Any such changes which increase the membership Fee will be effective when we receive the first payment.  Where such a change occurs other than at commencement of a billing cycle will receive a credit for amounts already paid and incurs a pro rata payment for part periods. Refunds will not be made in relation to amounts prepaid. Where we cease to offer a particular class of membership prior to the end of any prepaid period we will provide a pro rata refund.

Payment

Membership and other Fees, to the extent they are not paid by Product Providers, must be paid through the Website and processed through our Payment Provider (Stripe). All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment for a particular Membership or other Fee, the payment will not be processed. You may elect to have Subscription Fees automatically debited from your nominated bank account or credit or debit card. If the applicable Membership Fee is not paid to us or automatically debited for any reason by the due date, we may cancel your Membership or temporarily deny you access to the Website until such time as payment of the Membership Fee is received by us in full. All payments are processed by our Payment Provider and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe and Stripe's own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe from time to time. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe. To the extent legally permitted, We will not be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Stripe.

Cashback

We offer a number of ways for you to receive the benefit of commissions paid to us in relation to Financial Products or Credit Products which you have acquired. We will pay you commissions in the next scheduled payment run after we receive them from the provider.  This will usually be on a fixed day each month. We will pay you the amount received less any GST, any service fee which we must pay to receive the payment and the relevant threshold. Most home loans and insurance products have a Clawback or Responsibility period during which the payer can seek repayment of some or all of the upfront commissions paid if you cancel the policy or repay the loan. This is usually 1 – 2 years. Where there is a clawback, we will debit your bank account or credit card for your pro rata share of the clawback. If for any reason this charge is not successful, the amount of the clawback will be a debt presently due and payable by you and we will seek to recover it. Where you have acquired the product through our service, details of all fees including any commissions we receive , the portion to be  rebated to you and any clawback provisions will be included in the Statement of Advice or Credit Quote you receive. Where you have acquired the loan, investment or insurance product elsewhere, we will advise you of any clawback when we become aware of it. You must provide us with details of an Australian bank account capable of receiving deposits.  We shall comply with our obligation to make payment by initiating a direct credit to your nominated account.

Use of material on the website

The Website contains copyrighted material, trademarks, and other proprietary information owned by Us or licensed to Us. We retain all proprietary rights in and to the Website. We reserve all intellectual property rights, including, but not limited to, copyright in material made available on the Website. Other than for “Fair Use” you may not copy, modify, publish, transmit, distribute, perform, display, upload, repost, or “frame” or sell any such proprietary information unless that information is otherwise in the public domain,. You must not modify, copy, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any related software or cause others to do so.

Where you upload anything to the website, you warrant that you own all copyright in, or otherwise have the right to upload to our database, reproduce and permit us to reproduce, your Materials. You agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials. Any use We make of the rights so granted will be in accordance with our Privacy Policy.

Links to other websites

The Website may contain links to sites on the World Wide Web (“WWW”) owned and operated by third parties and which are not under the control of the Owner. Where it does so, the Owner:

• provides the links to other sites as a convenience to you; 
  
• the provision of such a link does not imply any endorsement by the Owner of the linked site or its information, products or services; and 
  
• is not responsible for the information or material contained on those linked sites.
  

No warranty

Every reasonable effort has been made to ensure that the information and material provided on the site (including the results of tools, calculators, linked sites and third party content) is accurate and complete. However, We do not warrant, guarantee or make any representation that:

• the Website or any server that makes the Website available are free of software viruses
  
• the functions embodied in any software contained or provided on the Website will operate uninterrupted or are error-free OR
  
• that errors and defects in the Website will be corrected in a timely manner if at all