Adviser terms and conditions

The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and myprosperity Aust Pty Ltd ACN 155 242 185 (mp, myprosperity or us or we) in relation to your partnering with us to offer your clients access to and use of the Platform and the supply of Services via the Platform in accordance with your selected Subscription Level. By signing up with us via the link provided, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not sign up with us.

Background

  • mp has established the Platform and has created the White-labelled Version to enable the Adviser to expand the services and facilities it offers to its clients.
  • The Adviser wishes to promote the White-labelled Version to its clients on the terms of this Agreement.

1. Definitions

Access Fee – the monthly fee payable by the Adviser to myprosperity for access to the White-labelled Version on the terms of this Agreement based on the Subscription Level. Access Fee is also referred to as “price” and “pricing” on the Fee Schedule.
Adviser – the accounting and/or advisory firm who wishes to offer the Platform to its clients via the White-labelled Version in accordance with this Agreement, referred to as "you" above.
Adviser End Users – clients of the Adviser who have registered to use the White-labelled Version directly as a result of referral by the Adviser. Your subscription includes a specified number of included Pro user subscriptions for the Platform. The Fee Schedule explains the Platform features available to starter users and Pro users respectively.
Agreement – the agreement between myprosperity and the Adviser in accordance with these Terms.
Digital Signature Functionality – the digital signature document signing functionality referred in clause 3f.
End User Terms – mp’s terms and conditions of use of the Platform and the White-labelled Version from time to time.
Fee Schedule - the schedule containing information relating to subscription and other fees and billing set out on the myprosperity subscriptions and billing pages on the Platform, or any other page(s) on the Platform notified by myprosperity, which may be updated or amended by myprosperity from time to time.
Platform - an Australian internet site currently located at myprosperity.com.au which provides financial tracking tools to Adviser End Users and other persons on and subject to the End User Terms.
Premium White-labelled Version – a version of the White-labelled Version which contains additional functionality in the form of a certain amount of document storage capability and bank feeds enabling linking of bank account data. Also referred to as “Pro”.
Subscription Fee – the monthly fee payable by the Adviser in respect of each of the Adviser’s own personnel and each Adviser End User who uses the Premium White-labelled Version (excluding the number of included free Pro users specified in your chosen Subscription Level).
Subscription Level – also referred to as “plan”. The particular subscription level for the Platform access which the Adviser has selected during the course of registration to use the Platform, as varied from time to time in accordance with this Agreement. The available Subscription Levels are specified in the Fee Schedule and comprise Connect, Enhance, Accelerate, Mobile First and Enterprise.
White-labelled Version - an iteration of the Platform which is accessed by Adviser End Users by clicking on a link supplied by the Adviser. It is available on two subscription levels, Starter and Pro (also referred to as the Premium White-labelled Version).

2. What mp will do

mp will:
a. maintain an internet site (being the White-labelled Version including the Premium White-labelled Version) which the Adviser End Users may choose to register for and use to track their personal finances, in accordance with and subject to the End User Terms;
b. give the Adviser and Adviser End Users who register for use access to the White-labelled Version (including the Premium White-labelled Version subject to payment of the applicable Access Fee and Subscription Fee in accordance with your nominated Subscription Level) to be accessed via a link supplied by the Adviser;
c. give the Adviser access to a portal list of all Adviser End Users who are then registered to use the White-labelled Version (including the Premium White-labelled Version); and
d. provide agreed levels of support to the Adviser via email and telephone during mp’s business hours in respect of promotion of the White-labelled Version.

3. What the Adviser must do

The Adviser must:
a. actively and accurately promote the White-labelled Version to its clients using only marketing materials approved by mp in writing in advance;
b. ensure that any Adviser information or material to be displayed on the White-labelled Version is current, correct and not misleading or defamatory and does not infringe any third party’s rights;
c. ensure that any photographs or files provided are free of borders, watermarks or unauthorised advertising material and otherwise comply with mp’s notified requirements (noting that mp may reject non-complying materials);
d. provide photographs and files in formats acceptable to mp, specifically (but subject to change): JPEG or jpg format, maximum size: 450 pixels width and 300 pixels height;
e. ensure that Adviser End Users who register to use the White-labelled Version are aware that the Adviser will have access to the Adviser End User’s information stored in the White-labelled Version unless the Adviser End User activates the functionality in the White-labelled Version to limit or exclude the Adviser’s access; and
f. ensure that it is authorised to disclose to mp any personal information it discloses to mp.

If the monthly Access Fee and the Subscription Fees for Adviser End Users which Adviser is paying mp include digital signature functionality, that functionality is currently provided by OneSpan Data Security International, Inc (OneSpan) via a link from the Platform to the website operated by OneSpan at https://www.onespan.com. By accepting these Terms, Adviser is also accepting the Esignlive Terms and Conditions (as amended from time to time) which are located at https://www.onespan.com/terms-and-conditions.

The services offered via the Platform include the ability for Adviser End Users to have a simple draft will created and to upload the executed will to the Platform. The will is created using software functionality on the Platform and, if the Adviser End User chooses to use mp’s preferred providers, standard will questions and content provided by View Legal Pty Ltd ACN 168 702 707 (View Legal) and document generation software provided by NowInfinity Pty Ltd ACN 154 927 376 (NowInfinity). View Legal and NowInfinity are mp’s preferred providers of the relevant will-related services. The following legal terms apply to the respective services provided by mp, View Legal and NowInfinity in connection with the will creation and upload: mp’s End User Terms and Privacy Policy, View Legal and NowInfinity’s Terms and Conditions and View Legal and NowInfinity’s Privacy Policy .

4. Term and termination

a. This Agreement begins on the date myprosperity notifies the Adviser of its acceptance of the Adviser following registration and acceptance of these Terms by the Adviser.
b. The initial term of this Agreement is 12 months.
c. If still in force at the end of the initial term, this Agreement then automatically renews for successive further 12 month periods, until terminated as provided in this Agreement. Either party may terminate this Agreement at any time after the initial term on 30 days notice in writing to the other party. No refund applies on termination.
d. Either party may terminate this Agreement if the other party breaches its terms and fails to correct the breach within 14 days after notice from the first party to do so.
e. mp may remove any information or branding of the Adviser from the White-labelled Version or discontinue access to the White-labelled Version by the Adviser and Adviser End Users on termination of this Agreement, or at any other time for reasonable cause. The End User Terms deal with access to the Adviser End Users’ information after termination of this Agreement or termination of the Adviser End User’s access to the Platform.

5. Fees

a. The Adviser agrees to pay mp a monthly Access Fee and a monthly Subscription Fee per applicable Adviser End User, as outlined in the Fee Schedule in accordance with the selected Subscription Level.
b. The Adviser agrees to pay mp a monthly Subscription Fee. The Subscription Fee is $14.95 (plus GST) per Adviser End User.
c. All fees are payable by way of direct debit or other means mp accepts from time to time.
d. mp will provide the Adviser with 30 days notice in writing if the Access Fee or Subscription Fee is increased during the term.
e. mp will provide monthly statements by email to the Adviser’s accounts department.
f. mp does not collect or store the Adviser’s bank account information for direct debit purposes. All payments by the Adviser under this Agreement are processed using the payment gateway provided by Stripe Payments Australia Pty Ltd ACN 160 180 343. By accepting these Terms, the Adviser is also accepting the terms and conditions of the Stripe Services Agreement (as amended from time to time) which is located at https://stripe.com/au/ssa.
g. If your Subscription Level includes a cash contribution from mp to a client event, as indicated in the Fee Schedule, you must obtain mp’s prior written approval to an event plan for the event. Subject to mp approving the event plan and to you giving mp copies of your expense receipts, mp will reimburse you for those expenses, up to the amount stated in the Fee Schedule, for a single event only. For clarity, mp’s client event contribution is a one-off contribution only, not annual.

6. Warranties and liability

a. To the extent legally permitted, mp disclaims and excludes all implied, statutory and other warranties, guarantees or representations. If applicable law prohibits the exclusion of any warranties, guarantees, conditions or representations, to the extent legally permitted, mp limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at mp’s discretion.
b. To the extent legally permitted, mp is not liable for any indirect, incidental, special, exemplary or consequential damages of any type related to or arising from performance or non-performance of this Agreement or the Platform or the White-labelled Version (including the Premium White-labelled Version) or for any lost profits, business interruption, lost savings or loss of programs or other data. This exclusion applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion is unenforceable, invalid or ineffective for any reason, mp’s maximum aggregate liability in any 12 month period for all losses, damages and other amounts under any cause of action referred to above is limited to the amounts received from the Adviser under this Agreement in that 12 month period.

7. General

a. This Agreement is the whole agreement between the parties in respect of its subject matter and supersedes any prior representations, understanding or arrangement given or made by the parties whether orally or in writing.
b. This Agreement may only be varied by written agreement of the parties.
c. This Agreement is personal to the Adviser and the Adviser cannot assign it without mp’s prior written consent.
d. This Agreement applies only in respect of the Adviser’s office(s) specified in the application form at the time the Adviser registers for access to the Platform for its Adviser End Users. If the Adviser has other offices which wish to participate in arrangements with mp, a separate agreement in respect of that office is required.
e. Victorian law applies to this Agreement. The parties submit to the non-exclusive jurisdiction of the Courts of that State.

Last updated: 8 May 2019