Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website, risk profiling services, applications, surveys, reports 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.
Stackup Risk provides a survey which is designed to be used by financial advice professionals (“Advisors”) with you, their client (“you”, “your”, “client”). The survey is supplemented by a scoring algorithm and a set of reports (“Survey and Reports”) which act as a starting point to help your Advisor communicate with you effectively about the level of risk that you find comfortable. From this starting point, your Advisor will work with you to understand and decide upon the level and type of risk which you find comfortable. While the Survey and Reports are designed to assist you and your Advisor to learn about your risk taking preferences, we do not guarantee or represent that we are able to predict your current or future mind and behaviour.
By accessing or using the Survey and Reports you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Survey and Reports.
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.
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 access to the Survey and Reports immediately, without prior notice or liability, if you fail to comply with or breach these Terms, use the Survey and Reports 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 Survey and Reports will immediately cease. You agree that upon termination we may delete all or some information related to your Survey and Reports, and/or hold survey data in anonymised form indefinitely after the termination of your 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.
Not Financial Advice
Stackup Risk does not give financial or investment advice. The information provided by the Survey and Reports are designed to assist you and your Advisor in a process to obtain informed consent in relation to the risk of the Advisor’s financial or investment recommendations. The Risk Profile Report provides a summary of answers provided by you 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.
You agree that you will review results with your Advisor for accuracy and inform them should you not want to rely on the Survey and Reports, your Advisor’s independent analysis and your discussion with them to determine your risk preferences.
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 to you by or on behalf of your Advisor, 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 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 or on behalf of you to us over the previous 12 months.
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.
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.
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.
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 must stop using the Service 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.
If you have any questions about these Terms, please contact us.