Subscription Licence Terms and Conditions

These terms are for Advisors and Firms. If you are a client taking the risk profile, please see the Client terms.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website, risk profiling services, applications and tools (the “Service”) operated by Stackup Risk Pty Ltd  (“Stackup Risk”, “us”, “we”, or “our”).  Stackup Risk Pty Ltd is a company registered in Australia, ACN 627 960 847 with primary offices at Level 5, 55 Miller St, Pyrmont NSW 2009, Australia.

The Service comprises the risk profiling model and algorithm, risk profiling engine, the interface software, reports and mappings and any other tools or output provided by Stackup Risk.  The Service is designed to be used by financial advice professionals (“Advisor”, “you”, “your”) with their clients.

These terms along with our Privacy Policy constitutes the terms and conditions governing your subscription to the Service.  Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.  If you are accepting these Terms on behalf of an organisation or other entity, you represent that you have full legal authority to bind your organisation or entity to these Terms and references to “Advisor”, “you” or “your” refers to each of you and your organisation or entity or each of you and each of Advisors employed or engaged by your organisation or entity (and each of them jointly and severally).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Stackup Risk cancels it prior to the end of each Billing Cycle. We will give you at least 30 days notice prior to the expiry of an annual Billing Cycle, or at least 3 days notice prior to the expiry of a monthly Billing Cycle. You may cancel your Subscription renewal either through your online account management page or by contacting Stackup Risk customer support team.

Unless enterprise arrangements have been made, a valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Stackup Risk with accurate and complete billing information including full name, address, state, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Stackup Risk to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Stackup Risk will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Stackup Risk may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Stackup Risk until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Stackup Risk reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Stackup Risk, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Stackup Risk will provide you with 30  days prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Stackup Risk on a case-by-case basis and granted in sole discretion of Stackup Risk.

License and Intellectual Property Rights

All copyright, database rights, trade marks and other intellectual property rights in the content of this Service belongs to us or to our associate companies or to a third party including our licensors. This content may include names, terms, methods and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual property of either ourselves or a third party. You agree that these Terms do not grant you any intellectual property rights in the content of this Service and you undertake to us that you will not use our intellectual property rights or those of our associated companies and our licensors other than as permitted under these Terms.

Any third party intellectual property used by us in the content of our Service should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of betting on or trading in our products.

This Service is licensed on a subscription basis which only gives you some non-transferable, non-assignable rights to use and access the Service.  Logons or accounts must not be shared between Advisors. 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Stackup Risk.

Stackup Risk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Stackup Risk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Suspension and Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you fail to comply with or breach these Terms, use the Service in a way that violates applicable regulations or laws, or make a representation to us which is inaccurate.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.  We may hold survey data in anonymised form indefinitely after the termination of your account or Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including with respect to ownership of intellectual property rights, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Your access to the Service may be suspended at our sole and absolute discretion to protect our intellectual property rights and maintain security or other aspects of our technical infrastructure.  We also may suspend your access to the Service in response to a regulatory or government order.

Your responsibilities

Stackup Risk does not give financial or investment advice.  The information provided by the Service is designed to assist Advisors in their process to obtain informed consent from their clients in relation to the risk of their financial or investment recommendations.  You agree that Advisors using the Service will conduct independent analysis into the suitability of the output of the Service to meet their obligations.  We do not guarantee or represent that the Service assesses or predicts a client’s current or future mind and behaviour.

The Risk Profile Report provides a summary of answers provided by clients in the Survey and compares these statistically to population norms.  The historical results in the Past Performance Report are for information purposes only and should not be relied upon as a guarantee or prediction of future results.  We have no control over how you use this information or other output of the Service. 

You, the organisation or the entity that you represent bears responsibility for services and advice given to clients regardless of whether the Service was used in forming that advice.  You agree to indemnify Stackup Risk regardless of whether the Service was used in forming advice or rendering services, for any losses, damages, costs, claims and expenses including but not limited to legal fees on a full indemnity basis awarded against or incurred by Stackup Risk for advice or services given by you or other Advisors in the entity you represent to a client or other third party.

You agree that you have the required licenses and registrations associated with the use of this Service and that any outputs will be represented in compliance with applicable laws and regulations.

You agree to treat the information you obtain from this Service that requires a password or similar identification procedure as confidential (“Confidential Information”) except for approved purposes such as use with clients. This does not include the right to reproduce, modify, make collections or compilations of, distribute, or publicly display the Service content generally available. You must not transfer the Confidential Information to any other person or entity. You must retain all copies of the Confidential Information downloaded, all copyright and other proprietary notices contained in the Confidential Information.

You agree to abide by all additional restrictions displayed on the Service from time to time. Any unauthorised use of the Service, misuse of passwords and/or any other information listed on the Service is prohibited. Except as expressly provided herein, Stackup Risk does not grant you any express or implied license or permission under any patents, trademarks, copyrights or trade secret information.

You agree not to take any action, alone or with others, that would interfere with the operation of this Service, to alter this Service in any way, or to impede others’ access to and freedom to enjoy and use this Service as made available by Stackup Risk.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service, any services or advice rendered or not on behalf of you to any third party, or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration and termination of your account, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Our liability for breach of any express provision of these terms is limited to the re-supply of the Services.  Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us over the previous 12 months.

These limitations of damages are critical components of our agreement with you.  Without these limitations we would not be able to provide the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Stackup Risk its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. If you do not agree with a proposed revision, you may terminate your Subscription renewal prior to the new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms after the 30 days notice has expired, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us.