Terms of Use

Updated 5 June 2023

 

The website www.erigindex.com.au and the Services provided over the website (together referred to as the Website) are owned and operated by Evergreen Research Pty Ltd ABN 17 647 506 590 trading as ERIG Index, Authorised Representative 001289533 of Evergreen Funds Management Pty Ltd ABN 75 602 703 202. Any reference to “we”, “us” and “our” in these Terms of Use refers to ERIG Index.

 

The following terms form the Terms of Use (Terms) for your use of the Website. Please carefully read these Terms before you use this Website. In using the Website, you agree to be bound by these Terms (even if you do not register an account with us). If you do not accept these Terms, you must not continue to use the Website.

 

These Terms apply whenever you access the Website, regardless of how you access the Website or interact with us, including but not limited to the internet, tablets, smart phones or other devices. Once you have registered an account, these Terms continue to apply to you even when you are not using the Services or Website.

 

We may change these Terms which take effect upon posting to this webpage. Your continued use of the Website following any changes indicate your acceptance of the changes.

 

If you are registering an account or using the Website on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these Terms.

 

1. ERIG Index Services

 

ERIG Index is an online platform providing a comprehensive database of information about financial products (Services) to assist financial planning practices to provide superior and bespoke financial advice to their clients. “Services” also includes the ERIG Index, any incidental services and any reports, information or data made available by us to you.

 

Our Services are available to Approved Industry Participants including

  • authorised representatives, employees and representatives of Australian Financial Services Licensees,
  • wholesale investors
  • other individuals expressly approved by us.

 

In these Terms, Services form part of the Website.

 

Your access and use of the Website is conditional on you not breaching these Terms or applicable laws. We may immediately terminate your access to the Website, without notice, if you breach these Terms or any applicable laws.


2. Accounts

 

In order to use the Services, you must set up an account with a username and password.

 

You agree and acknowledge that you:

(a) You are (or are authorised by) an Approved Industry Participant;

(b) shall provide us with accurate, complete and updated registration information including contact and Approved Industry Participant details. You shall provide, upon request from ERIG Index, verification of registration information in such a form as required by ERIG Index;

(c) must not create an account in the name of any company or organisation, or otherwise hold yourself out as being a representative of a company or organisation, unless you are authorised by that company or organisation to do so;

(d) are responsible for maintaining the confidentiality of your username and password and to ensure that there is no improper use of information made available on the Website;

(e) shall ensure your user login is operated by only one person or company;

(f) shall ensure you do not share, publish or otherwise make available your login to any third party;

(g) shall be responsible for all activity on your account including any unauthorised access by third parties. We are not liable for any loss or damage arising in connection with any unauthorised use of your account;

(h) shall maintain the confidentiality and security of your account and notifying us immediately of any unauthorised use.

(i) shall maintain appropriate measures to protect your account data from accidental, unlawful or unauthorised access, use or disclosure.

(j) shall be responsible for your data, including backing up any data you provide on the Website.

You may cancel your registration at any time by notifying us via email at [email protected]. We will use our best efforts to cancel your registration within 3 working days of our receipt of your request.

 

We may, at our sole discretion and without notice to you:

(a) access your account solely for the purpose of providing support and maintenance services;

(b) suspend or terminate your account and/or refuse any or all use of the Website (including but not limited to where you or the relevant Practice are in breach of these Terms or any applicable laws.

(c) disclose registration information to any relevant persons or authorities should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or entity’s identity or holding themselves out as being authorised by or associated with an entity.

 

3. Subscription

 

There may be a fee payable for use of the Website by Approved Industry Participants in accordance with these Terms.

 

4, Registered User Data

 

In order to obtain maximum benefit from the Website, Approved Industry Participants (as registered users) may submit and store on the Website the following User Data: data relating to: you as an individual; your practice; your Australian Financial Services Licence; your clients; your logos and branding; and data specifically related to your clients which is generated using the Website’s Reports functionality (Client Report Data). “User Data” specifically excludes platform-level data, investment-level data, portfolio data and themes, model portfolios and risk profiles created by ERIG Index.

 

In relation to User Data, you acknowledge and agree that:

(a) you are solely responsible for all User Data that you store, submit or generate through the Website;

(b) you must ensure that you do not store, submit or generate any User Data that you do not have legally valid permission, right or license to use; is confidential information belonging to others unless you have obtained legally valid consent; misrepresents your affiliation with another entity; or is illegal or fraudulent;

(c) if you choose to store, submit or generate User Data through the Website, you comply with all applicable laws in doing so including the Privacy Act 1988 (Cth), Australian Privacy Principles, and obtain any necessary consents;

(d) at no time will Tax File Numbers be stored through the Website. Tax File Numbers will be removed immediately and without notice;

(e) ERIG Index may use User Data for the purpose of making features of the Website available to you; and

(f) we may collect and use aggregated anonymous information in relation to your User Data, your activities and details of how you use the Website (regardless of when the information was collected) for commercial purposes as well as to analyse trends, administer and market the Website and generally improve the Website.

 

We may remove User Data which is in breach of these Terms or applicable laws, or which in our view is inappropriate or offensive, without notice.

 

You may request extraction of your User Data at any time during the term of this agreement, or within 14 days of termination.

5. Intellectual property

 

We own, or are the licensee of, the intellectual property rights in relation to the Website and the content we make available through the Website (other than your User Data). These Terms do not transfer any intellectual property rights from us to you or any third parties.

 

Subject to your compliance with these Terms and the following paragraph, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to use the Website and its content for the term of this agreement solely for the purpose of obtaining the benefit of the services provided by the Website.

 

The ERIG Index name, brand, logo and graphics used in connection with the Website, whether registered or not (our Trademarks) are the property of ERIG Index in Australia and internationally. You are granted no right or licence (whether express or implied) with respect to Our Trademarks and you must not use or display any of our Trademarks without our prior written consent.

 

In relation to intellectual property rights in any User Data, you grant to us an unconditional, world-wide and irrevocable license, fully paid and royalty free license and right to use, display, copy, modify, adapt and publish all such intellectual property and that content (including any branding, logos or trademarks) for any purpose, including in relation to the Website.

 

If you infringe our intellectual property rights or those of any third party, we have the right to deny access to or terminate your use of the Website immediately and without notice. You agree to indemnify us from and against any claims by third parties arising from any breach of intellectual property rights any third party may bring against us in relation to the User Data or your use of the Website.

 

6. Privacy

 

In using the Website, you may give us personal information in which you have certain rights including your name, email address, age, occupation, address, and telephone number or in some instances, your financial details.

 

User Data that you submit or store through the Website may also contain personal information of others including your clients. You further warrant that you have obtained all necessary consents and have complied with applicable laws to enable us to store and use personal information included in the User Data or otherwise that you may submit or store through the Website in accordance with our privacy policy.

 

7. Use of the Website

 

You must not use any information made available through the Website for any purpose other than providing financial advice or recommendations to your clients in accordance with these Terms and any applicable laws.

 

You must not at any time:

(a) copy, modify, or create derivative works based on the Website;

(b) distribute, transfer, sublicense, lease, lend, or rent the Website to any third party; or

(c) attempt to modify, decipher, decompile, disassemble or reverse engineer the Website or any of the software or code comprising or in any way making up a part of the Website;

(d) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;

(e) use the Website for any objectionable or unlawful purpose, including generating any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;

(f) use the Website in any way that would result in you breaching any applicable law or regulation (including in relation to privacy), licensing obligations or any contractual or other obligations you may owe to third parties;

(g) mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

(h) conduct any activity which compromises or breaches our or another party's intellectual property rights;

(i) introduce any virus, worm, Trojan horse, malicious code or other program which may damage the Website’s infrastructure or computers or equipment used in the operation of the Website;

(j) attempt to disrupt or interfere with the delivery of ERIG Index’s services through the Website or the services of our partners and clients;

(k) download, access, use, harvest or download in bulk Website data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;

(l) sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent;

(m) remove or alter ERIG Index’s copyright notices, any of Our Trademarks or other means of identification including any watermarks, as they appear on the services or Website;

(n) provide to, publish or distribute to any persons who are not authorised users of the Website, any part of the information included on the Website, without our prior written consent.

 

We make no warranties or representations as to the availability of the Website. We may at any time and without notice, suspend or terminate the operation of the Website as necessary to perform maintenance, error correction or other reasons.

 

8. Indemnity and liability

 

You agree to defend, indemnify and hold harmless ERIG Index, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, regulatory investigations, demands, liabilities, costs, damages and settlements, including, without limitation, legal and accounting fees on an indemnity basis, arising in connection with: your use of the Website; your dealings with, or financial advice provided to, your clients including through use of the Website; your breach of these Terms including any representations or warranties; or your breach of any applicable laws.

 

You agree that despite anything else in these Terms and to the extent permitted by law, ERIG Index excludes all responsibility and liability in connection with ERIG Index making the Website available to you or your use of the Website.

 

If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services, at our option: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

 

To the extent that our liability cannot be excluded by law:

(a) our maximum liability whether in contract, equity, statute or tort (including negligence), to you will be limited to $100; and

(b) notwithstanding anything else in these Terms, under no circumstances will we be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of income, profits, goodwill, data, contracts, use of money or any loss in connection with business interruption, whether in tort, contract or otherwise.

 

9. ERIG Index not providing financial services advice

 

(a) ERIG Index is Authorised Representative 001289533 of Evergreen Fund Managers Pty Ltd AFSL 486275. You acknowledge and agree that: the provision of any services or the Website by us does not constitute, and is not suitable to be acted upon as, general or personal financial advice for you or your clients;

(b) you are required to review any reports or data provided through the Website before provision of any financial advice to your clients;

(c) ERIG Index does not make any recommendations or provide any advice as to whether a particular financial product is suitable for any person;

(d) you must exercise your own discretion as to whether to rely on reports and data provided through the Website and you will at all times be responsible for all financial services and advice you provide to clients.

 

10. Relationship and reliance

 

ERIG Index provides the Website and any other services as an independent contractor and not as your agent. We are not responsible and have no liability for any financial advice, opinion or representations you may provide to your clients or third parties including where they are based on or in connection with use of the Website.

 

You may only provide output or reports generated through the Website to your clients on the condition that you assume all liability for those outputs or reports. If any such output or report (or part thereof) is relied upon by a client or third party, you shall indemnify and hold harmless ERIG Index in respect of any damages claimed by any such client or third party against ERIG Index in respect of reliance on any such output or report.

 

11. Disclaimers

 

To the extent permitted by law:

(a) You acknowledge that the use of the Website is at your own risk. You are responsible for backing up your own User Data, including any content acquired through the Website.

(b) All content delivered to you through the Website and the Website are provided "as is" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

(c) We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.

 

ERIG Index makes available through the Website, information in relation to financial products and other related matters. While ERIG Index endeavours to check the accuracy of such information, ERIG Index specifically disclaims any warranty that any information or data provided through the Website is accurate, complete or correct.  You are responsible for checking any such information and data and for identifying any omissions, errors or other faults in the data provided through the Website.

 

These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

 

12. Term and Termination

 

These Terms are effective until terminated. Either party may terminate at any time. Upon termination you must immediately cease using the Website and notify us within 14 days of the date of termination if you would like to extract your User Data. If you do not notify us within this timeframe and pay the relevant fees, we will permanently delete all User Data and any related data.

 

13. Further terms

 

The following further terms apply in respect of your use of the Website:

(a) Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.

(b) We may assign or novate any of our rights or obligations under these Terms without your consent.

(c) Clauses 5, 8, 9, 10,11 and 12 of these Terms survive termination.

(d) If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

(e) A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

(f) These Terms of Use will not be interpreted to confer any rights on any third parties.

(g) These Terms constitute the entire agreement between the parties, with any and all other agreements or representations previously existing hereby replaced.

(h) These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.