TERMS & CONDITIONS

1. ABOUT

(1) Thank you for choosing ProForce and using our website located at (“Site”).

(2) This Site is owned and operated by ProForce Wealth Management Pty Ltd (ACN 633 240 641) (“ProForce”) and the terms of use (“Terms”) on this page govern the use of our Site.

(3) ProForce grants licenses to individuals and teams (our “Subscribers”) to access online educational and training modules (“Training Modules”) for financial education and other coaching services (our “Subscription Services”).

(4) These Terms, along with our ‘Privacy Policy’, which form a part of these Terms, govern Subscribers use of the Site and our Subscription Services.

(5) Please read our Terms and Privacy Policy carefully before using the Site and accessing our
Subscription Services because these Terms and Privacy Policy create a binding contract
between ProForce and Subscriber.

(6) If you are entering these Terms on behalf of a legal entity, you represent that you have the authority to bind the entity to these Terms. If you do not have such authority, you must not accept these Terms and must not use our Subscription Services.

(7) Any reference herein to “we”, “our”, “us” or “ProForce” means ProForce Wealth Management Pty Ltd (ACN 633 240 641). Any reference to “you”, “your” or “Subscriber” means you as a party to this agreement and a User of our Subscription Services for our Training Modules.

(8) We may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our Site.

 

2. SUBSCRIBERSHIP REGISTRATION AND ACCEPTANCE OF TERMS

  • (1) To obtain access to the Subscription Services on our Site, Subscriber must sign up for a client portal account (“Subscriber Account”).
  • (2) By signing up for a Subscriber Account, Subscriber will be required to accept the Terms by clicking “I accept” in the user interface as a condition of joining as a Subscriber.
  • (3) As part of the registration process for our Subscription Services, Subscriber must provide current, complete and accurate identification, and other information required during the registration process including but not limited to:
    • (a) name;
    • (b) address;
    • (c) phone number;
    • (d) a valid email address;
    • (e) user name and password (“Login Details”);
    • (f) other information as applicable to set up and administer Subscriber Account to access the Subscription Services.
    • (“Subscriber Data”).
    • By visiting, registering for, or using the Site, Subscriber agrees that ProForce may send direct communications to the email addresses and devices that Subscriber makes available.
  • (3) If Subscriber Data changes, Subscriber must promptly update Subscriber Account to reflect those changes.
  • (4) As a Subscriber of the Site, Subscriber agrees that:
    • (a) a Subscriber Account is personal to Subscriber;
    • (b) Subscriber shall be responsible for all users (“Users”) that access the Subscription Services;
    • (c) Subscriber is solely responsible for maintaining the confidentiality of Subscriber Account and the secrecy of the Login Details;
    • (d) Subscriber must not authorise or permit anyone else to access Subscriber Account by using the Login Details;
    • (e) if Subscriber Account has been compromised in any way, Subscriber must contact ProForce immediately;
    •  (f) Subscriber’s access to and use of the Site is non-transferable except as permitted by these Terms;
    •  (g) Subscriber will use the Site only for the purposes permitted by these Terms; and
    •  (h) Subscriber will abide by any applicable law, regulation or generally accepted practices or guidelines related to the Subscription Services in the relevant jurisdictions.
  • (5) Subscriber warrants that:
    • (a) Subscriber is legally capable of entering into contracts; and
    • (b) if Subscriber is using our Subscription Services on behalf of another person or legal entity that has joined as a Subscriber (e.g. as an employee) that Subscriber is authorised to access our Site and that all relevant consents have been obtained to use our Subscription Services
  • (6) ProForce reserves the right to deny anyone access to a Subscriber Account at any time for breach or suspected breach of these Terms. 

3. SUBSCRIPTION FEES ​

(1) Subscriber subscribes to our Subscription Services for the minimum subscription period (“Subscription Period”) agreed with Subscriber in writing or nominated by Subscriber in Subscriber Account for the agreed fee (“Subscription Fee”).

(2) Subscriber agrees to pay the Subscription Fee for the purchase of our Subscription Services on a recurring basis.

(3) The Subscription Fee advertised on our Site for access to the Training Modules for the applicable subscription package for a specified Subscription Period is set out below:

 

Payment termsdetailsFee (AU$)Termination
Monthly Subscription (‘Monthly Subscription’) two-week free trial (“Free Trial Period”) followed by a monthly recurring subscription $ 27.00 inc GST monthly 30 days written notice from Subscriber
Personal Cashflow Coaching ‘Personal Cashflow Coaching’ $300 initial fee + $99.00 monthly fee for a 3-month term $ 597.00 inc GST payable by four (4) fortnightly payments in the amount of $150.00 inc GST Subscription Period of three (3) months
  • The Subscriber may opt out of these Terms after the Free Trial Period by giving thirty (30) days’ notice in writing to ProForce. In this event, ProForce shall have the right to require that the Subscriber shall cease all use of the Subscription Services. After the Free Trial Period, if the Subscriber does not act to opt out of these Terms, then these Terms shall continue to bind each party in accordance with its terms and ProForce shall be entitled to invoice Subscriber in accordance with the terms of payment under these Terms. 
  • (4) Payment of the Subscription Fee must be made through the third-party providers made available on our Site (the ‘Payment Gateway Provider’).
  • In using the Subscription Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
  • (5) After registration, Subscriber can log into Subscriber Account to gain access to our Subscription Services for the Training Modules. Subscriber Account must be active and current to obtain access to our Subscription Services.
  • (6) ProForce reserves the right to increase or change the Subscription Fee at any time. Any change to the Subscription Fee will be applicable from the time it is updated on the Subscription agreement, and by signing the Subscription agreement you agree to be liable for any Subscription Fee (s) owing under the Subscription agreement.
  • (7) Subscriber agrees to pay the Subscription Fees for the minimum term of the current Subscription Period. Subscription Fees will be charged to you on a recurring monthly basis without further authorisation from you unless you have terminated your subscription in accordance with the Terms of this agreement. 
  •  (8) The Subscription Period for Personal Cashflow Coaching is for a period of three (3) months. The Monthly Subscription will be automatically renewed unless Subscriber provides written notice to ProForce of at least thirty (30) days. In any event, Subscription payments are non-refundable except where required by law.
  •  (9) Subscriber authorises ProForce to charge Subscriber the monthly recurring Subscription Fee agreed by Subscriber, together with any processing or other associated fees charged by the issuing bank or payment provider to the payment method nominated by Subscriber and in accordance with the accepted payment methods provided by ProForce.
  • (10) Subscribers are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Subscription Services. 
  • (11) If there are payment failures due to insufficient funds, incorrect or outdated payment information, ProForce reserves our right to:
    • (a) recover payment and deny a Subscriber access to our Subscription Services;
    • (b) cancel or suspend a Subscriber’s Account if we are unable to process the fees for our Subscription Services; or
    • (c) charge interest at a rate of 1.5% per month on the amount due.
  • (12) All payments for our Subscription Services are in Australian Dollars (AUD). ProForce will be entitled to add on GST for the supply of its Subscription Services.
  • (13) Subscriber agrees that ProForce may electronically store Subscriber Data and payment information to process Subscription Fees.
  • (14) The Subscription Services delivered to Subscriber are exclusive and personal to Subscriber or the business or company Subscriber is employed by. Subscriber must not allow a User without a Subscriber Account to use any of the Subscription Services that ProForce delivers to Subscriber under these Terms.
  • (15) We may suspend or terminate a Subscriber Account if any misuse of fraudulent activity isdetected.
  • (16) Subscriber access to the Subscription Services will be disabled when Subscriber Account is suspended, terminated or Subscriber subscription ends.

4. ACCESS CONTROLS AND LICENCES​

Subscriber must institute and maintain access control mechanisms to ProForce’s Training Modules which at a minimum:

    • (a) enable Login Details for each Subscriber;
    • (b) ensure that each Subscriber keeps their Login Details confidential and secure against
      unauthorised use;
    • (c) ensures that Login Details can be used to refer to an identified Subscriber;
    • (d) ensure that Login Details which are terminated in respect of a Subscriber are not re-used
      for another person unless authorised by ProForce or otherwise in accordance with these
      Terms; and
    • (e) ensure that only a User who has the necessary authority or permission of Subscriber can
      access the Training Modules.
    • If at any time Subscriber reasonably considers that there has been an unauthorised access, Subscriber must immediately provide ProForce with written notice of such access.

5. OUR SERVICES​

(1) We offer various subscription style memberships offering financial education and coaching services to Subscribers as set out below:

  • (a) Educational platform
    • A module-based education and training on personal finances including goal setting, cashflow and budgeting, debt reduction, superannuation, life insurance and understanding credit
  • (b) Wealth Management Tool and Mobile App
    •  A third-party application which allows Subscribers to manage their entire financial world from one spot and access it all from the mobile app
  • (c) Online Group Financial Coaching
    • A monthly coaching schedule where we produce educational content in relation to personal finances, e.g. buying a home, learning to invest, etc. This also includes discussions with guest experts and a monthly educational bundle of resources for Subscribers based on the months content.
  • (d) A 1-on-1 Personal Money Coaching
    • (i) Access to our cashflow pro “advantage” training (digital bundle to fast track success); 
    • (ii) 1-1 personal “get all set up” session where we on-board Subscribers to the app, set up their goals, personal cashflow and budget;
    • (iii) Personalized monthly cashflow reporting – comprehensive cashflow report with personalized tips for saving every money, etc.
    • (iv) 3 x 20-minute monthly coaching session for 3 months to monitor Subscriber’s progress, get support and set cashflow-focused goals month to month.
  •  

6. NO RELIANCE ON INFORMATION

(1) The content on this Site is provided as general information only and is made available to you for your personal, non-commercial use. Our Training Modules cover budgeting, money management and personalized cashflow coaching and includes access to a mobile personal finances software app and monthly group coaching. We do not provide financial product or personal financial advice

(2) The information contained on the Site is presented for the purpose of outlining the Subscription Services for the Training Modules. All information contained on the Site, including information relating to third party products and services, is for information purposes only.

(3) We may also receive Personal Information from third parties in connection with the supply of our Subscription Services. If we do, we will protect your Personal Information in accordance with this Privacy Policy.We derive our information from sources which we believe to be accurate and up to date as at the date of publication but we do not warrant the accuracy or completeness of that information. Your use of our Site is at your own risk and you acknowledge and agree that the information contained on this Site does not constitute financial or taxation advice and is provided for general informative purposes only.

(4) All information provided by us on this Site pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only.

(5)  We do not warrant that Subscription Services descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

(6) In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material provided by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service

7. REFUND POLICY​

(1) Except as required by law, any Subscription Fees paid by Subscriber are final and nonrefundable.

(2) ProForce will process refunds in accordance with the Australian Consumer Law.

(3) Should Subscriber wish to obtain a refund, Subscriber may contact ProForce within 14 calendar days of performance of our Subscription Services or any part thereof to report any discrepancies or faults to make a claim.

(4) Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

(5) ProForce will facilitate a refund if ProForce is unable to facilitate the completion of the Subscription Services or if the delivery of our Subscription Service

8. INTELLECTUAL PROPERTY​

  • (1) In these Terms:
    •  “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether reg
    •  Works” means any material made available on the Site and included our Subscription Services, including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.  
  • (2) Subscriber acknowledge that ownership of the Intellectual Property Rights relating to the Site or our Subscription Services is the property of, licensed by or vest on creation in ProForce.
  • (3) The Works on the Site or generated by or related to any of our Subscription Services (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.
  • (4) The Site and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. Subscribers shall take due care to protect the Intellectual Property Rights licensed via our Subscription Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. 
  •  (5) All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. ProForce” and all associated trade marks on the Site are our trade marks or any related entities. Subscriber must not use our trade marks.
  • (6) The obligations accepted by Subscribers under this clause survive termination or expiry of these Terms.

9. LICENCE GRANT​

  • (1) ProForce grants to Subscriber a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Site for the Subscription Period to interact with and use our Subscription Services solely in connection with Subscriber rights under these Terms. 
  • (2) Subscriber own all right, title and interest in Subscriber’s Data. Subscriber grants to ProForce, or to any third parties used by us to provide the Subscription Services, a non-exclusive, worldwide, perpetual, irrevocable and royalty free licence to use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of Subscriber Data. 
  • (3) These Terms do not constitute a sale or transfer of any of ProForce’s Copyright Material and Subscriber must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or participate in social networking on the Internet.
  •  (4) This Licence may be terminated at any time in our sole discretion if Subscriber uses the Site or the Subscription Services except as permitted by these Terms.

10. SUBSCRIBER’S OBLIGATIONS​

  • (1) Subscriber will:
    • (a) exercise reasonable care, skill and diligence in using the Subscription Services; 
    • (b) use the Subscription Services in a responsible manner and only in accordance with its intended use; 
    • (c) be liable and responsible for Users access to the Subscription Services and use of Training Modules through Subscriber’s Account including any of Users acts or omissions; 
    • (d) ensure that Users access and use the Training Modules only in accordance with these Terms; 
    • (e) ensure that Users are only permitted to access the Training Modules that is appropriate for Users to access taking into account the age of the User; 
    • (f) advise ProForce of any issues with the Training Modules or Subscription Services as and when they occur; 
    • (g) keep secure all Login Details and notify ProForce immediately of any unathorised access; 
    • (h) implement, maintain and enforce suitable virus protection in relation to use of the Subscription Services; 
    • (i) use best efforts to ensure that no virus or similar computer programs are transmitted to the Training Modules as a result of access being granted to it. 
    • (2) Subscriber will not: (a) distribute, sell, publish, enable or allow access to Subscriber Account except directly to access Subscriber Subscription Services; (b) use the Training Modules for any commercial purpose; (c) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or the Subscription Services or our Copyright Material or any part of it; (d) use the Subscription Services in any way prohibited by law, regulation, governmental order or decree; (e) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or (f) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Site or in the Subscription Services; and (g) not sell, lease, publish, redistribute or sub-license the Digital Content. 
  •  (2) Subscriber will not:
    • (a) distribute, sell, publish, enable or allow access to Subscriber Account except directly to access Subscriber Subscription Services; 
    • (b) use the Training Modules for any commercial purpose; 
    • (c) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or the Subscription Services or our Copyright Material or any part of it; 
    • (d) use the Subscription Services in any way prohibited by law, regulation, governmental order or decree; 
    • (e) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or 
    • (f) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Site or in the Subscription Services; and 
    • (g) not sell, lease, publish, redistribute or sub-license the Digital Content.

11. SUBSCRIBERSHIP TERMINATION​

  • (1) These Terms will continue to apply until terminated by either the Subscriber or by us as set out below. 
  • (2) Subscriber may terminate the Monthly Subscription by providing ProForce at least thirty (30) days prior notice by email before termination. 
  • (3) ProForce may terminate these Terms without notice to Subscriber if:
    • (a) Subscriber has breached any provision of the Terms; 
    • (b) ProForce believes that Subscriber is making unauthorised or improper use of the Subscription Services; 
    • (c) ProForce is required to do so by law; 
    • (d) without cause or notice if the provision of the Subscription Services to Subscriber by ProForce is, in the opinion of ProForce, no longer commercially viable. 
  •  (4) ProForceProForce reserves the right to discontinue Subscriber Account at any time and may suspend or deny, in our sole discretion, Subscriber’s access to all or any portion of the Subscription Services without notice if Subscriber’s conduct impacts our name or reputation or violates the rights of any other party. 
  • (5) Subscriber will be billed for the full term of the current Subscription Period for Personal Cashflow Coaching. The early termination of Subscriber Account or the Subscription Services is not a ground for a refund. 
  • (6) If Subscriber has not logged into Subscriber Account within a six (6) month period and the status of Subscriber Account is dormant, ProForce reserve the right to unilaterally terminate Subscriber Account. 

12. WARRANTIES AND REPRESENTATIONS​

  • (1) No warranty of any kind whether express or implied is made in relation to the accuracy of the Training Modules or any content on the Site.
  • (2) ProForce does not warrant the products or services of any third-party providers (for example, website hosting, data security, website uptime).These small files contain information about your browsing activity. Cookies are also used to identify you when you come back to the Site and store details about your use of the Site. They are widely used to make websites work more efficiently, to improve user experience and also to provide information to website operators.
  • (3) ProForce does not warrant that the Subscription Services will be performed error-free, uninterrupted or free of bugs or viruses. 
  • (4) It is Subscriber’s sole responsibility to determine that the Subscription Services or any part of these meet the needs of Subscriber or are otherwise suitable for the purpose for which they are purchased. 
  • (5) ProForce excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law. 
  • (6) Subscriber represents and warrants that Subscriber:
    • (a) is legally permitted to use and access the Subscription Services; 
    • (b) takes full responsibility for the selection and use of and Users access to the Subscription Services; 
    • (c) is solely responsible for the accuracy of the Subscriber Data that Subscriber submits in relation to the supply of the Subscription Services;
    • (d) agrees that ProForce does not control, verify, or endorse the Subscriber Data; 
    • (e) is solely responsible for creating backups of Subscriber Data; and (f) in relation to Subscriber Data, that Subscriber owns it or is licensed to use the Intellectual Property Rights in it and that the use of the Subscriber Data will not result in the infringement of any of the proprietary rights of third parties.
  •  (7) Subscriber warrants that the Subscriber Data is not in contravention of any legislation or any advertising or marketing laws or any other third-party rights. 
  • (8) This clause survives the termination or expiry of these Terms for whatever reason.a

13. GENERAL DISCLAIMER​

  • (1) You acknowledge that ProForce does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Subscription Services or Training Modules other than pursuant to these Terms. 
  • (2) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 
  • (3) Subject to this clause, and to the extent permitted by law:
    • (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and 
    • (b) ProForce will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Subscription Services or these Terms (including as a result of not being able to use the Subscription Services or the late supply of the Subscription Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • (4) Use of the Site and the Subscription Services is at Subscriber’s own risk. Everything on the Site and the Subscription Services is provided to Subscriber on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms. 
  • (5) None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ProForce (including any third-party providers) make any express or implied representation or warranty about the Subscription Services and the Training Modules. This includes (but is not restricted to) loss or damage Subscriber might suffer as a result of any of the following:
    • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records; 
    • (b) the accuracy, suitability or currency of any information on the Site, the Subscription Services, or any of the Training Modules (including third party material and advertisements on the Site); 
    • (c) costs incurred because of Subscriber using the Site, the Subscription Services or any of the Training Modules; 
    • (d) the Training Modules or operation in respect to Site links which are provided for the Subscriber’s convenience; 
    • (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Site; or 
    • (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

14. LIMITATION OF LIABILILITY​

  • (1) To the extent permissible at law, ProForce is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms. 
  • (2) Except as provided in these Terms, ProForce exclude all representations and warranties relating to the subject matter of these Terms, our Site and the supply of our Subscription Services. 
  • (3) ProForce’s Subscription Services are provided “as is” and specific results cannot be guaranteed. It is Subscriber sole responsibility to determine that the Subscription Services or any part of these meet Subscriber’s needs or are otherwise suitable for the purposes for which they are used.
  • (4) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible ProForce limits its liability as follows, at our option:
    • (a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
    • (b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or 
    • (c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again. 
    • This limitation applies to any supply under or related to these Terms including the supply of the Subscription Services and covers loss of Data, any viruses or other disabling features that affect Subscriber access to or use of our Subscription Services, incompatibility between our Subscription Services and Subscriber hardware or software, delays or failures Subscriber may have in using the Subscription Services including any connections or transmissions that fail or are not completed in an accurate or timely manner.
  • (5) This clause survives the termination or expiry of this agreement for whatever reason.

15. INDEMNITY​

  • (1) Subscriber agrees to defend, indemnify and hold ProForce, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by ProForce, which is directly or indirectly caused by Subscriber’s breach of these Terms. 
  • (2) Except as required by law, ProForce will not be liable for any claim, loss or liability for personal injury, death or damage to Subscriber or its property however it may be caused. 
  • (3) ProForce reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Subscriber, and in such case, Subscriber agree to cooperate with our defence of such claim. 
  • (4) In no event will ProForce be liable to Subscriber for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.

16. DISPUTES​

  • (1) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause. 
  • (2) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute. 
  • (3) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute. 
  • (4) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
    • (a) a mediator agreed on by the Disputants; or 
    • (b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
  • (5) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing. 
  • (6) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute. 
  • (7) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged. 
  • (8) Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative. 
  • (9) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice. 
  • (10) Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

17. PRIVACY​

In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our ‘Privacy Policy’ which is made a part of these Terms.

18. ADVERTISING AND LINKS​

The Site may contain links and other pointers to other websites or applications operated by third parties. ProForce does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for Subscriber convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those websites. Subscriber’s access to any such advertisement or link is entirely at Subscriber’s own risk. Subscriber should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

19. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision

20. ASSIGNMENT​

(1) Subscriber agree that ProForce may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms. 

(2) Subscriber may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of Subscriber rights and obligations under these Terms. 

21. ENTIRE AGREEMENT​

Unless otherwise stated, these Terms and any other relevant agreement (s) signed by ProForce and Subscriber shall constitute the entire agreement between Subscriber and us in relation to Subscriber’s use of the Site and our Subscription Services.

22. SEVERABILITY​

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

23. LAW AND JURISDICTION​

  • (1) The Terms and information on this Site are governed by and construed in accordance with the laws of the State of New South Wales, Australia. Subscriber submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms. 
  • (2) If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect. 

24. FORCE MAJEURE​

  • Notwithstanding any other provision of these Terms, ProForce need not act if it is impossible to act due to force majeure, meaning any cause beyond our control. Subscriber agree that ProForce have no responsibility or liability for any loss or expense suffered or incurred by Subscriber because of not acting for so long as the force majeure continues. 

25. FEEDBACK AND AUTHORISATIONS​

  • (1) Subscriber feedback is important to us. ProForce encourage Subscribers to provide feedback, reviews, comments and suggestions for improvements to the Site and our Subscription Services (“Feedback“). Subscriber may submit Feedback by emailing us at advisor@proforce.net.au.
  • (2) Subscriber authorise us to use Feedback for the purpose of promoting and marketing our services by consenting to us displaying Subscriber client name as follows:
    • (a) on our portfolio list;
    • (b) on our Site, our partner websites and in media releases;
    • (c) by making representations of our work in the Subscription Services in any media publicity for news, review and on social media. (“Marketing”)
    • (3) Subscriber grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that Subscriber own or control to use, copy, modify, publish, display, create derivative works based upon and otherwise use the Feedback and Marketing for any purpose, including (but not limited to) media publicity and advertising, promotional and review purposes.

26. HOW TO CONTACT US​

  • (1) This Site is owned and operated by ProForce Wealth Management Pty Ltd (ACN 633 240 641).
  • (2) Our principal place of business is at Level 12, 10 Barrack Street SYDNEY NSW 2000, Australia.
  • (3) Subscriber can contact us by: