Terms and Privacy - Lifesherpa
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terms and privacy


Introduction

LifeSherpa 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 LifeSherpa Pty Ltd ABN: 12 602 793 368The 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.

LIFESHERPA 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 LifeSherpa Pty Limited as an authorised representative of MoneySherpa Pty Limited (ACN: 164 927 708). Credit Assistance is provided by LifeSherpa 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

The Owner is not liable to you for:

  • errors or omissions in the Website or any linked sites; or
  • delays to, interruptions of or cessation of the services provided on the Website, or linked sites; regardless of cause whether or not caused through the negligence of the Owner, its employees or independent contractors.

Limitation of liability

To the fullest extent permissible by law, We and our officers, employees and agents accept no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly as a result of:

  • your use of the Website or reliance on any information or material published on the Website; 
  • your removal of any information or material from the Website; and 
  •  your breach of these Terms of Use.

Our liability for any cause whatsoever (regardless of the form of the action) will at all times be limited to the amount paid by you to Us for all publications, products and services provided to you by the Owner during the term of your use.

Indemnity

You will at all times indemnify Us and keep Us indemnified together with our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of the Website or any breach of these Terms of Use by you.

Security Statement

We take strong measures to protect LifeSherpa and your information from unauthorised access. Virtual firewalls control traffic and protect your IP. Latest best-practice encryption techniques protect your password, and all traffic between you and LifeSherpa's servers. From the time you submit your login credentials, communications between your computer and lifesherpa.com.au are encrypted. The security of your LifeSherpa account is maintained with disk storage encryption and authentication measures. Our servers are located in a highly secure facility, where access requires multiple levels of authentication and recognition procedures. Your password cannot be recovered, even by us. Learn more in our Privacy Statement.

Technical requirements

Access to the Services may only be available from compatible devices which meet specific system or software requirements specified on the Website from time to time. We give no warranty or guarantee that access to or use of the Website will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.

ISP charges

Your internet service provider may impose a connection or data charge for all Materials uploaded to or downloaded from the Website. You are responsible for informing yourself about and paying any applicable connection or data charges.

Dispute resolution

We are committed to providing you with the best possible service. If at any time we have not met your expectations – or you have a complaint about any of our services – please inform us so we can work towards a resolution. We will endeavour to deal with your complaint promptly, thoroughly and fairly. If you have a complaint relating to the Financial Advice or Credit Services we provide, we request you follow these steps:

  1. Tell your personal adviser Ask your Sherpa
  2. If this does not resolve your concern write or email the complaints officer support@lifesherpa.com.au 
  3. We will respond and seek to resolve the issue. 
  4. We are a member of the Financial Ombudsman Service. Their service is free and you may contact them: 
By phone: 1300 780 808 
Online complaint form: https://forms.fos.org.au/OnlineDispute 
Website: http://www.fos.org.au 
Mail: GPO Box 3, Melbourne VIC 3001
Fax: 03 9613 6399

Jurisdiction

If any part of these Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable and the severed part will not affect the validity and enforceability of any remaining provisions of the Terms of Use. These Terms of Use will be governed by and interpreted in accordance with the law of the State of New South Wales, Australia. You agree to the jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of these Terms of Use.

PRIVACY POLICY

The information we collect and hold

We collect information about you, your family and your financial position. We also collect information about your ambitions, values, goals and objectives. Where it is relevant (such as when you ask us to arrange life insurance) we may also collect information about your health and sexual preferences and your relationship. If you apply for a loan or income protection insurance or other product where you need to verify your income, we may receive documentation which includes your Tax File Number (such as your Payment Summary). LifeSherpa complies with the laws that control how we handle this information.

How we collect and hold personal information

We collect information directly from you when you create an account or complete your profile, acquire a financial or credit product or use the tools provided on the site. We may also collect information in the course of personal communication with you by telephone, teleconference or in person. Information provided by you electronically is stored securely on our servers. Where the information is provided in physical form we will store it securely in our filing system and we may scan it and store it on our servers.

Why we collect, hold and use personal information

We collect this information to deliver the best possible customer service experience for our members and guests. We need it to:

  • understand your objectives, financial situation and needs
  • identify the subject matter of the advice that you are seeking
  • formulate appropriate advice about strategies and products which may fulfill your requirements
  • provide you with information you request about us or the products or services we offer through the website
  • provide information to persons expressly authorised by you (such as lenders, insurers and other service or product providers) to facilitate communications between you and them and provide them with the information necessary for them to supply you with the information, products or services you wish to receive
  • provide products or services you request from time to time
  • process and obtain payment for any products or services you order from us through the Website
  • collect and process commissions from product providers and lenders and calculate and pay your rebate
  • determine and notify you of what products or services (including third party products and services) we consider are likely to be of most interest to you
  • understand your needs and Website usage to help us improve the Website, our marketing or the way we do business
  • if necessary, to verify your identity or age (e.g. over 18)prioritise the content presented to you on the website, our newsletter or other member communications and make it more relevant to you needs
  • to contact you for direct marketing and promotional purposes including providing you with information about new products or services, events and special offers, unless you tell us that you do not wish to receive this type of information
  • manage the website (including your Account)

From time to time we use external service providers such as mail houses, accounting services or commission management facilitators where we need to give them your details to deliver the service. We require them to look after your information and use it only for providing the service for which we have contracted them.

We will not otherwise sell, rent or disclose your personal information to any third party unless you request us to or we are required by law.

How to deal with LifeSherpa anonymously

You have the right to deal with us anonymously. You may do this by accessing the website without creating an account (or if you have an account by not logging in). You will however only be able to access a limited selection of the facilities available to members. If you create an account, you must use your real name. You may also create a pseudonym which will be displayed when you post a comment or share content. We are required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to identify our customers when we provide a designated service (generally arranging for you to acquire a financial or credit product).

What happens if you don’t give us this information?

If you do not provide the information we request, we may be unable to provide you with appropriate advice or potentially to arrange for you to acquire products. You may not be able to use many of the tools on the website. We may also be unable to enroll you in our commission rebate program and pay your rebates.

How can you access and correct personal information

You have a right to access your personal information, subject to exceptions allowed by law.  You can access and update most of your personal information by logging in to your account and viewing your profile. You may then edit your profile and save the changes. If there is anything else that you think is incorrect or out of date and you would like it updated, please let us know. We may need you to put your request in writing for security reasons. LifeSherpa reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

How to complain if you think there has been a breach of Privacy

We take our obligations with respect to privacy seriously. If at any time you think there may have been a breach of the Australian Privacy Principles or this policy or your expectations of privacy have not been met, contact your personal Sherpa. Alternatively you can contact the

Privacy Officer at: 

Privacy@lifesherpa.com.au 
(02) 9960 3509

Post: Attn: Privacy Policy, 
LIFESHERPA 
Suite 4, 38 Stanton Road
MOSMAN 
NSW 2088

Linked Websites

We provide links to third party sites. Since we do not control these websites, we encourage you to review the privacy policies posted on these (and all) third party sites.

Children

LifeSherpa is aimed at Australian residents over the age of 18. We do not knowingly collect personal information from children under the age of 18. We encourage parents to go online with their kids. Here are a few tips to help make a child's online experience safer:

  • Teach kids never to give personal information (name, address, phone, school, etc), unless supervised by a parent or responsible adult.
  • Know the sites your kids are visiting and which sites are appropriate.
  • Look for Web site privacy policies.
  • Know how your child's information is treated.

Cookies

Cookies are small text files placed on your computer which help us provide a better user experience for example by measuring which Web site areas are of greatest interest. LifeSherpa may also use cookies when you register for one of our Web services. In this situation, a cookie will store useful information that enables our Web site to remember you when you return. We can only read cookies from our website. We may display advertisements from third parties. Third party ad-serving companies control which ads are shown. These ad-serving companies may use cookies to collect non-personally identifiable information from you. Advertisers use this information to target the ads and measure their impact. LifeSherpa do not have access to the contents of these cookies.

Non Personal Information

We have a presence on various social media platforms, such as Facebook, Twitter, and LinkedIn. We receive anonymous and aggregated demographic and use data related to our presence on those platforms. We use tracking software to analyse traffic on this website or any supported devices, including tablets and other mobile devices. We do this to understand our customers' and visitors' needs and to continually improve our site. This web tracking software collects anonymous, aggregate statistics. Examples include internet protocol addresses, the date and time when you use our services, the type of computer browser, and the operating system that you used. We may aggregate and make anonymous your personal information, in part, so that we better understand how our Services are working in the aggregate. We may use and disclose this aggregated and anonymous data without restriction.

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