This is an agreement between Advant Group Pty Ltd ABN 11 131 977 618 (“Advant”) and your financial services business (“the client”). Advant Plus offers you access to create client communications and provides you with access to a collection of online resources (“the product”).
- The client may use the product to produce and serve marketing and communication documents (documents) for the client’s retail financial planning customers and targets only. The product is provided under a subscription and the client may only use the product while the subscription is current.
- Use of the product is at the client’s sole and exclusive risk. Advant provides the product “as is” and without any warranty of any kind, express or implied, including, but not limited to, the implied warranty of saleability and/or fitness for any particular use. The client is solely responsible for ensuring any documents produced by the product are suitable for use by the client.
- Advant makes no representation or warranty that the product is suitable for your requirements. Advant Plus is an online system and Advant makes no representation that the product will be secure and/or error-free; or that the quality of the product, associated services, or any information, documents or other material obtained by you through the product will meet your expectations.
- The client acknowledges that Advant owns the intellectual property with respect to the product including:
- The online system, software and source code
- Design templates and layouts
- All content, (including texts, images, graphs and diagrams)
- The client may not use the intellectual property, including texts, images and/or layouts and content, for any purpose other than the purpose outlined in (1) without the express written permission of Advant.
- The client may not modify, copy, create derivative works from the product, distribute or provide the product to any other businesses, entities or individuals, exploit for any commercial purposes or use the product other than for the purpose outlined in (1) without the express written permission of Advant.
- The client may not use the product in any manner which could damage, disable, overburden, or negatively impact on the product or on Advant’s brand or activities.
- The client is solely responsible for the quality, accuracy and integrity of documents produced by the product and for ensuring that documents and content, where necessary, are approved by their compliance team.
- Content supplied through the product is provided under license. Copyright with all content supplied in the product rests with Advant, and can only be used in the manner in which it has been supplied.
- The client is solely responsible for obtaining the appropriate authorisations for content entered, uploaded or incorporated into the product by the client. The client may not include text, images or the copyrighted work of any third party in the product unless the appropriate authorisation has been obtained from the owners. The client shall indemnify and defend Advant against any suit, claim, or demand arising from or relating to any content the client enters, uploads or otherwise incorporates into the product that was not supplied through the product.
- The client may not use the product to produce any document that is illegal, defamatory, obscene, abusive, harmful or hateful.
- A subscription may be terminated by Advant where the client is in breach of these terms and conditions.
- Where the product is provided under a subscription, the product will only be available online while the subscription is current. The client’s access to the product and associated documents will be terminated on expiration of a subscription.
- The client acknowledges that content in the product is refreshed periodically. Advant reserves the right to remove content that is out of date.
- Advant reserves the right to from time to time enhance, modify, discontinue, or to temporarily or permanently interrupt the product (or any part thereof) with or without notice. You agree that Advant shall not be liable to you or to any third party for any modification, suspension or discontinuation of the product.
- The product is designed for the current versions of IE Explorer, Chrome, Safari, and Firefox. Advant is not responsible for problems associated with older or different browsers.
- Notwithstanding any of the foregoing, Advant’s liability is limited to the amount paid by the client to Advant in respect of the product. In no event shall Advant be liable for any direct, indirect, punitive, special, incidental or consequential claim, or any damages whatsoever, including, but not limited to, damages for loss of use, data or profits (however arising).
- We reserve the right to change these Terms and Conditions at any time, effective upon making the modified provisions available on the Advant web site. Continued use of Advant’s services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this policy.