ABRA Terms of use

ABRA

Terms of use

Advice Compliance Support (ACS) Breach Reporting Risk Assessment (ABRA)Tool terms of use

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS BREACH REPORTING RISK TOOL

1. WHO WE ARE AND HOW TO CONTACT US

WWW.ADVICECOMPLIANCESUPPORT.COM.AUis a website (Site) operated by Advice Compliance Support Pty Ltd [ABN: 59 613 791 754] of Botany, NSW, 2019 (we, us and our) which provides this Breach Reporting Tool which consists of a questionnaire (Reporting Tool or otherwise known as ACS Breach Reporting Risk Assessment (ABRA) tool) that results in a high-level report that provides a risk rating to assist you in determining the reportability of a breach. You may opt to choose an option that provides additional compliance overlay and/or a high level legal opinion (from a third party provider) based upon the information provided..

To contact us, please email: info@advicecompliancesupport.com.au OR telephone our customer service line on 0424 712 700.

2. BY USING THE REPORTING TOOL (ABRA) YOU ACCEPT THESE TERMS

By using our Reporting Tool, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use this Reporting Tool.

3. WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our Reporting Tool, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 10 October 2021.

4. WE MAY MAKE CHANGES TO OUR REPORTING TOOL

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We may update and change our Reporting Tool from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities.

5. WE MAY SUSPEND OR WITHDRAW OUR REPORTING TOOL

We do not guarantee that our Reporting Tool or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Reporting Tool for business and operational reasons.

You are also responsible for ensuring that all persons who access the Reporting Tool through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. ELIGIBILITY TO USE THE REPORTING TOOL

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Our Reporting Tool is directed to users who are at least 18 years old and are residing in and using the Reporting Tool within Australia. We do not represent that content available on or through the Reporting Tool is appropriate for use or available in other locations. If you access the Reporting Tool outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Reporting Tool from your location.

7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@advicecompliancesupport.com.au.

8. HOW YOU MAY USE MATERIAL CONTAINED IN THE REPORTING TOOL

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it, including any question sets used in the Reporting Tool. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may not print, download extracts or reproduce any page(s) from this Reporting Tool. You may only print off or download the final risk report (Report) made available at the end of the Reporting Tool questionnaire (i.e., after payment for the service and submission of the questionnaire). It is intended for your internal business purposes as part of your overall risk management procedures and should not be circulated outside of your business or provided to any third parties except as required by law or for the purposes of obtaining legal advice.

You must not modify the Report that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the Reporting Tool and Report for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of the Reporting Tool or Report in breach of these terms of use, your right to use the Reporting Tool will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Reporting Tool.

9. DO NOT RELY SOLELY ON THIS REPORTING TOOL

This Reporting Tool is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Reporting Tool.

The content within the Reporting Tool and Report is for general information only. It is not intended to amount to advice (legal or otherwise) on which you should rely. The Reporting Tool is designed to assist in assessing a situation where a financial adviser/financial services licensee may have breached its obligations which may result in a breach that is reportable to the Australian Securities and Investment Commission (ASIC). The Report is solely dependent upon the information of which you input. It does not consider any other information or circumstances. It should not be treated as the sole deciding factor when determining whether or not to report a breach to the ASIC.

Although we make reasonable efforts to update the information and question sets on the Reporting Tool, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete or up-to-date.

10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Reporting Tool contains links to other sites (including banner advertisements, sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

11. USER-GENERATED CONTENT - DO NOT INCLUDE IDENTIFYING INFORMATION

The Report generated from this Reporting Tool will include information input by you (User Contributions). This information has not been verified or approved by us.

You must not include any identifying details when using the Reporting Tool. You may only use an internal identifier that only you can link back to a particular incident(s) or situation.

All User Contributions and the use of this Reporting Tool must comply with the content standards set out in this clause.

You are solely responsible for securing and backing up your Report generated from this Reporting Tool. The downloaded Report will be made available as a PDF download. The Report download link will be available for a period of 7 days, following which we cannot guarantee that the report or any information entered into reporting tool will be available after this time.

A Saved Report (i.e., report that has been saved for later completion that has not been submitted) download link will be available for a period of 7 days of submission or initial saving, following which we cannot guarantee that the report will be available after this time.

You represent and warrant that:

All of your User Contributions do and will comply with these terms.

You understand and acknowledge that you are responsible for any User Contributions and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions input by you to this Reporting Tool.

12. LIMITATION OF LIABILITY

After submission of the questionnaire and receipt of your Report (available as PDF download after submission) you will not be entitled to a refund for the cost of the report, or for damages in the event that you do not agree with the results.

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Reporting Tool, any websites linked to it, any content on our Reporting tool or associated website or such other websites or any services or items obtained through our Reporting Tool or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Notwithstanding this clause, given the nature of this Reporting Tool and associated consulting service, any liability associated with the delivery of the Report and consulting service will be limited to the cost of the report or $100 if the consulting service option is taken up.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Reporting Tool, including, but not limited to, your User Contributions, your use of any information obtained from the Reporting Tool and any use of the Reporting Tool’s content, services and Report other than as expressly authorised in these terms.

13. WE ARE NOT RESPONSIBLE FOR VIRUSES

We do not guarantee that the Reporting Tool will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Reporting Tool. You should use your own antivirus software.

14. RULES ABOUT LINKING TO OUR SITE

You may link to this Reporting Tool, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content within the Reporting Tool other than that set out above, please contact info@advicecompliancesupport.com.au.

15. AUSTRALIAN LAW APPLIES TO DISPUTES

These terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

16. OUR TRADE MARKS ARE REGISTERED

Advice Compliance Support and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Clause 8. Other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners and are used by us under licence.

17. PROHIBITED USES

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You may use the Reporting Tool only for lawful purposes and in accordance with these terms. You agree not to use the Reporting Tool:

in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms;

to transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

to engage in any other conduct that restricts or inhibits anyone’s use of the Reporting Tool, or which, as determined by us, may harm us or users of the Reporting Tool or expose them to liability.

Additionally, you agree not to:

use the Reporting Tool in any manner that could disable, overburden, damage, or impair the Reporting Tool or interfere with any other party’s use of the Reporting Tool, including their ability to engage in real time activities through the Reporting Tool;

use any robot, spider or other automatic device, process or means to access the Reporting Tool for any purpose, including monitoring or copying any of the material on the Reporting Tool;

use any manual process to monitor or copy any of the material on the Reporting Tool or for any other unauthorised purpose without our prior written consent;

use any automatic or manual process to reverse engineer or decompile any part of the Reporting Tool;

use any device, software or routine that interferes with the proper working of the Reporting Tool;

introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Reporting Tool, the server on which the site for the Reporting Tool is stored, or any server, computer or database connected to the Reporting Tool;

attack the site which hosts the Reporting Tool via a denial-of-service attack or a distributed denial-of-service attack; or

otherwise attempt to interfere with the proper working of the Reporting Tool.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Reporting Tool will cease immediately.

18. ONLINE PURCHASES

All purchases of a Report through this Reporting Tool or other transactions for the sale of services or information formed through the Reporting Tool or as a result of visits made by you are governed by our terms of sale [ABRA TERMS OF SALE], which are incorporated into these terms.

19. PRIVACY

We will use any personal information you provide to us to:

a) provide the services outlined in these terms;

b) process your payment for the services; and

c) inform you about similar products or services that we provide, but you may stop receiving this information at any time by contacting us.

20. HOW DO WE STORE AND HOLD PERSONAL INFORMATION?

We store most information about you in computer systems and databases operated by either us or our external service providers. External service providers may be located outside Australia, such as the United States of America (US) or the European Union (EU). Some information about you is recorded in paper files that we store securely.

We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.

These processes and systems include:

(a) the use of identity and access management technologies to control access to systems on which information is processed and stored;

(b) requiring all employees to comply with internal information security policies and keep information secure;

(d) monitoring and regularly reviewing our practise against our own policies and against industry best practice.

We will also take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected.

21. WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO, AND WHY?

We may transfer or disclose your personal information to our related companies.

We may disclose personal information to external service providers so that they may perform services for us or on our behalf.

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We may also disclose your personal information to others outside our group of companies where:

(a) we are required or authorised by law to do so;

(b) you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or

22. OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the Advice Compliance Support site. All such additional terms and conditions are incorporated by this reference into these terms.