Please read these terms and conditions (“Terms“). They apply to your use of the MoneyBrilliant Partner Access Service (“Partner Access Service”) made available through website and email.
In these Terms we may refer to you as “Partner”, “you” or “your”.
In these Terms any references to “us”, “we” or “our” or “MoneyBrilliant” means MoneyBrilliant Pty Ltd ABN 34 153 932 766 and any of its subsidiaries or business partners.
From time to time we may need to update these Terms. We will provide you with reasonable notice of any significant changes. Your continued use of the Partner Access Service after notification of such a change means that you accept the changed Terms.
We may vary, withdraw or terminate the Partner Access Service (or any element of the Partner Access Service) by providing you with 30 days notice. We may give less, or no notice, if a variation, withdrawal or termination of the Partner Access Service (or any element of the Partner Access Service) is necessary to manage a material risk to MoneyBrilliant or our related entities, comply with applicable laws or regulations or protect MoneyBrilliant’s or it’s related entities legitimate business interests.
In the Partner Access Service, any currency references are references to Australian dollars unless otherwise specified.
You use the Partner Access Service with the understanding that except as expressly set out in these Terms we do not make any representations or warranties and to the extent permitted by law we do not make any implied representations and warranties.
Although we attempt to provide accurate, complete and up-to-date information, to the extent permitted by law we make no representations and give no warranties (express or implied) that the information is free from errors, omissions or other inaccuracies or is up-to-date.
None of MoneyBrilliant or any of its related companies, or their directors, accepts any liability for any reliance of any person on information contained in the Partner Access Service or guarantees the performance of any particular financial product referred to in the Partner Access Service.
A Partner is a company or professional who subscribes to the Partner Access Service. The Partner Access Service allows Partners to access the financial data of their customers contained within the customer’s MoneyBrilliant Service.
A Partner will only gain access to a customer’s MoneyBrilliant data if the customer accepts a MoneyBrilliant Partner Access Invitation sent by you. Access can be revoked at any time by either you or your customer.
Before you send a MoneyBrilliant Partner Access Invitation, you confirm you have an existing customer relationship with the intended end user and are authorised to send emails to the intended end user.
You agree not to misuse or divulge the information for any purpose other than to provide a financial service to your customer as defined by your agreement with them. You agree that MoneyBrilliant is not responsible for any breach of privacy and confidentiality that may result from you accessing your customer’s information through the Partner Access Service.
If you choose to charge your customer more for the Partner Service than we charge you, you agree to make explicit to your customer the additional fee and service provided. You acknowledge that the customer may become aware of the standard pricing for the MoneyBrilliant Service provided to end users during the registration process or through their use of the MoneyBrilliant Service.
The Partner Access Service is subject to Subscription Fees (“Fees”). The terms and amounts applicable to Fees are available on our website.
Amounts are stated in Australian dollars and are inclusive of applicable taxes.
Fees may change from time to time. We will notify you of changes by email to your last known email address at least 30 days before the changes come into effect.
Fees are non-refundable except as expressly provided in these Terms.
We will not commence providing you with the Partner Access Service until your initial Fee is received by us in full. Fees must be paid in accordance with the terms in order to maintain your access to the Partner Access Service.
When you cancel your Partner Access Service, you acknowledge that your customers who are invited to your Partner Access Service will receive communication from MoneyBrilliant informing them of your decision to cancel your subscription. They will have the option to remain a MoneyBrilliant user and their MoneyBrilliant Account will continue as it exists, without a Partner.
All content in the Partner Access Service is protected by intellectual property rights (copyrights, trademarks or other rights and laws).
All software, tools, documentation, reports, diagrams, MoneyBrilliant Brands and other materials (“MoneyBrilliant Materials“) provided to you by MoneyBrilliant remain the property of MoneyBrilliant and nothing in this agreement assigns any intellectual property rights in MoneyBrilliant Materials to you.
MoneyBrilliant grants you a non-exclusive, royalty free, non-transferable license to use MoneyBrilliant Materials during the period you are a Partner Access customer. If you cease to be a Partner Access customer you must cease to use the MoneyBrilliant Materials.
You may use the MoneyBrilliant Materials to promote your business, promote your association with MoneyBrilliant and to promote the MoneyBrilliant Service.
Where you provide Financial Product Advice (as defined in Corporations Act s766B) or Credit Activities (as defined in National Consumer Credit Protection Act 2009 s6) to customers in conjunction with your use or promotion of the MoneyBrilliant Service or MoneyBrilliant Materials you will maintain the licensing and authorisation required to provide the Financial Product Advice or Credit Activities and will take all necessary steps to ensure clients are aware that you are providing the Financial Product Advice or Credit Activities and they are not being provided by MoneyBrilliant.
The Partner Access Service may contain links to other sites. These links are for your own convenience and we have no control over the content of these sites and take no responsibility for these sites.
Our link to another site is not an endorsement, approval or recommendation of those sites or any of the content provided by the site.
If you do link to our Service, we ask you to present the link in way which fairly represents us, does not suggest we endorse you or have a connection with your site, or that we have created any content for your site.
We take the security of our customers’ information seriously. You can find out about our security arrangements on our website.
If you choose to make full use of our Partner Service you consent to providing to us personal and/or sensitive information which includes your full name, business name, ABN/ACN, credit card details (for payment purposes), email and phone number.
You acknowledge we will use this information to validate your business and approve your registration to the Partner Access Service.
You may not be approved if we cannot verify you are authorised to provide services to your customer, or you provide false or inaccurate information.
Neither MoneyBrilliant, its sub-contractors, associates nor related companies or their directors shall be liable in any way for any loss or damage suffered by you through your use of the Partner Access Service, including but not limited to loss or damage arising in connection with:
your use of the Partner Access Service;
any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Partner Access Service;
the information provided on or via the Partner Access Service;
the interception, modification or misuse of information transmitted to us or transmitted to you;
the functioning or non-availability of the Partner Access Service;
the misuse of the Partner Access Service;
claims by third parties in connection with the use of the Partner Access Service; and
any loss or unauthorised access to any data or information that you provide to us when using the Partner Access Service
Our liability for negligence, breach of contract or contravention of any Australian law as a result of our failure to provide the Partner Access Service or any part of it, or for any problems associated with your use of the Partner Access Service (including any loss of data or information you provide to use when using the Partner Access Service), which cannot be lawfully excluded by Australian law, is limited, at our option and to the maximum extent permitted by Australian law, to resupplying the Partner Access Service or any part of it to you, or to paying for the resupply of the Partner Access Service or any part of it to you or paying you a maximum of AUD$1,000.
These Terms are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms.
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.