Terms and Conditions

  • Overview
      1. We, WLTH Pty Ltd (ACN 618 439 839) (WLTH, us, our, we) own and operate a range of products and services, including but not limited to:
        1. the mobile application “WLTH”;
        2. the website located at wlth.com.au; and
        3. any other products and services we release from time to time,

(together, Platform) which provide an interactive platform for customers to understand, track and manage their assets and finances.

      1. By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:
        1. these Terms and Conditions;
        2. our Privacy Policy; and
        3. any other terms, policies or notices published on the Platform,

(collectively, Terms).

        1. Our Terms form a binding contractual agreement between the user of the Platform (User, you) using or accessing to the Platform and us.
        2. Before accessing and using the Platform, you should read the Terms carefully. If you have any questions about the Terms, you can contact us at theteam@wlth.com.au.
        3. If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Platform.
  • How it works
  • Overview

The Platform:

        1. allows Users to:
          1. track their assets;
          2. tag and filter their financial transactions;
          3. create and manage their personal budgets;
          4. calculate their net worth;
          5. upload receipts and other documents;
          6. electronically sign documents, and
        2. integrates live feeds from a range of sources including, but not limited banks and financial institutions, RP Data, Redbook and the ASX (Data Providers) to provide Users with real-time data and information.
  • Referring Providers
        1. We may, from time to time, partner with accountants, financial advisors and other professionals (Referring Providers) to grant the Referring Providers’ clients access to and use of the Platform, whether ongoing or on a trial basis as agreed between WLTH and the Referring Provider.
        2. For the avoidance of doubt, Referring Providers are “Users” for the purposes of these Terms and are bound by these Terms.
  • About Us
        1. We act as the developer and provider of the Platform and our role is limited to:
          1. facilitating your access to and use of the Platform;
          2. taking feedback about the Platform; and
          3. improving and modifying the Platform.
        2. By accessing and using the Platform, you agree and acknowledge that:
          1. we are not responsible for, and have no control over the use of the Platform by other users or Referring Providers;
          2. we do not determine your tax liability or collect or pay taxes you may be liable for; and
          3. we reserve the right, but are not obliged, to monitor, verify, modify or delete material any information created, generated or transmitted by users through the Platform (collectively, User Content) and we do not control the accuracy of User Content.
  • Access to Platform
  • Account Registration
        1. To access and use the Platform, you must create an account.  
        2. You may only create one account on the Platform.
        3. To register a User account, you must:
          1. be an individual;
          2. be at least 18 years old;
          3. possess the legal right and ability to enter into a legally binding agreement;
          4. provide complete and accurate answers to all the items in the sign-up page of the Platform, which may include your full name, email address, phone number, credit and debit card details; and
          5. read and agree to these Terms.
        4. When you register your account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of your account, password and for all use and activity carried out on your account.
        5. If you believe that there has been unauthorised access to your account, please contact us.
        6. The information you provide us through the Platform, including but not limited to during account registration or User verification, must be accurate, complete and up to date. You must promptly update this information to ensure it remains up to date.
        7. The information you provide us to create your account will be used to create your User profile (Profile) on the Platform.
        8. You acknowledge and agree that if the information that you provide to us is inaccurate or is or becomes out of date, you may not be able to use all or any of the features of the Platform.
        9. We reserve the right to refuse to register any User for any reason at our sole discretion.
  • Referring Provider
        1. You may acquire or create a User account through a Referring Provider.
        2. If you are referred to WLTH by a Referring Provider, we will send you an account activation email to register your account and access the Platform.
        3. If you acquire an account through a Referring Provider, you acknowledge and agree that your access to the Platform continues only while the arrangement between us and the Referring Provider continues.
        4. If you would like to continue to access all or premium features of the Platform after a trial period provided by the Referring Provider or after our arrangement with the Referring Provider expires or terminates, then you must subscribe to the Platform and provide your payment details in accordance with clause 6.2.  
        5. Subject to clause 4.2(f), you acknowledge and agree that the Referring Provider may upload content to your account and will have full access (including editing permissions) to all User Content you upload to the Platform or that the Referring Provider uploads on your behalf.
        6. You may limit or block the Referring Provider’s access to your account through the functionality provided on the Platform.
        7. We:
          1. are not party to any agreement or arrangement between you and the Referring Provider; and
          2. are not responsible for, and have no control over the conduct, interactions or dealings between you and your Referring Provider.  
  • Guest Access
        1. You may, from time to time, create additional passwords for use by others authorised by you (Guests) to access your account or User Content (including materials and content relating to or posted by your Guests) from time to time (Additional Passwords).
        2. You may limit or block the Guest’s access to your account through the functionality provided on the Platform.
        3. You are solely responsible for all use of your password and for all actions of any person for whom you have created an Additional Password and are solely liable for, and indemnify, defend and hold harmless WLTH, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, claims and costs suffered by any person directly or indirectly as a result of:
          1. you disclosing your password to a third party;
          2. you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password;
          3. any person’s access to or use of your password or an Additional Password; or
          4. access to or use of your User Content by a Guest or Referring Provider.
  • Use of Platform
  • Your Obligations

You represent and warrant to:

        1. use the Platform in accordance with these Terms; and
        2. provide and keep accurate, current and complete all information provided in the Platform; and
        3. comply with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the world.
  • Limitations

In accessing the Platform, you represent and warrant that you will not:

      1. modify or copy the layout of the Platform or any computer software and code contained in the Platform;
      2. interfere with or disrupt the Platform, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
      3. create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
      4. restrict, or attempt to restrict, another User from using or enjoying the Platform;
      5. interfere with the privacy of another person;
      6. infringe any intellectual property rights or any other contractual or proprietary rights of another person;
      7. do any act, engage in any practice or omit to do any act or engage in any practice that:
          1. is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
          2. would cause us to breach or to be taken to breach a law;
          3. would bring us into disrepute; or
          4. interferes with the integrity or supply of the Platform to all users; or
        1. encourage or facilitate violations of the Terms.
  • Cancellation by you

You may cancel your account at any time through the functionality provided on the Platform.

  • Fees and payments
  • User Fee
        1. Subject to this clause 6.1, use of the Platform to register an account is currently free.
        2. We reserve the right to charge you a fee in consideration for us making the Platform available (User Fee).  
        3. We will advise you of any applicable User Fee (including any applicable GST) prior to charging any Fee.
  • Subscription Fees
        1. Certain types of User accounts are subject to payment of monthly subscription fees (Subscription Fees). The types and features of those User accounts and applicable Subscription Fees are displayed on the Platform from time to time.
        2. Subscription Fees are payable in advance and are non-refundable, except as expressly provided in these Terms.
        3. We will not register a User account for which Subscription Fees are payable or begin providing access and use of any corresponding features until the initial monthly Subscription Fee is received by us in full.
        4. Subscription Fees will be billed and must be paid on or before the end of each monthly period from your initial payment date.
        5. We may change the Subscription Fees or add other fees from time to time by sending a notification of the change to your last notified email address at least 30 days before the changes come into effect.
        6. Subscription Fees and all other fees, charges and prices are stated on the Platform in Australian dollars and are inclusive of applicable taxes.
        7. You are responsible for paying all fees and taxes in respect of your account and we reserve the right to charge you such applicable taxes
        8. In these Terms, a reference to payment of Subscription Fees includes payment by a Referring Provider, where applicable.
  • Payment
        1. Subscription Fees must be paid through the Platform via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe).
        2. All payments are processed by Stripe and we do not keep a record of your credit or debit card number for payment purposes.
        3. You acknowledge and agree that:
          1. we are not involved in the processing of any payment transaction between you and Stripe;
          2. Stripe’s own terms and conditions apply to each payment; and
          3. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe from time to time.
        4. You should ensure that you are familiar with Stripe’s terms and conditions before you submit any payment through Stripe.
        5. Access to the Platform and your User Content is conditional on timely payment of all Subscription Fees by you or your Referring Provider, as applicable.
        6. All credit and debit card payments are subject to validation checks and authorisations by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment of the Subscription Fees, the payment will not be processed.
        7. If the applicable Subscription Fee is not paid to us or automatically debited for any reason by the due date, we may:
          1. cancel your account; or
          2. temporarily deny you access to the Platform until such time as payment of the Subscription Fee is received by us in full.
        8. To the fullest extent permitted by law, we are not liable to any party for any losses in any way connected to, related to or arising from any payment transaction you enter into with Stripe. We may rely on these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and Stripe.
  • Refund of Subscription Fees
        1. If you cancel your account under clause 5.3 or if we cancel your account as a result of you breaching these Terms, then any Subscription Fees paid will not be refunded and any outstanding Subscription Fees and other fees become immediately due and payable upon cancellation.
        2. If we cancel your account or access to or operation of the Platform for any other reason and you have paid applicable Subscription Fees in respect of the period after cancellation, we will refund any Subscription Fees you have paid on a pro rata basis by cheque or to a bank account notified by you for that purpose within a reasonable time of cancellation.
        3. No refund applies to you where the Subscription Fees were paid by a Referring Provider.
  • Intellectual property rights
        1. We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in or to the Material made available to you in providing the Platform (together, the Platform Content).
        2. Your use and access of the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
        3. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Platform Content or any other material in whatever form contained within the Platform.
  • User Content
  • General
        1. We do not claim ownership of any User Content. Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on any of the Platform or in any hardcopy form.
        2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
        3. User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
  • Security of content
        1. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
        2. However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.
        3. We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security Platform.
  • Prohibited content

You must not create or generate any User Content:

        1. unless you hold all necessary rights, licences and consents to do so;
        2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
        3. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
        4. that would bring us into disrepute; or
        5. that infringes the rights, including intellectual property rights, of any third party.
  • Enforcement

We reserve the right to, but do not assume the obligation to:

        1. remove, screen or edit User Content that violates our Terms or is otherwise objectionable, as determined by us in our sole discretion; and
        2. disable your access to all or certain functions of the Platform where you have violated this clause 8, as determined by us in our sole discretion.
  • Third Party Links
        1. The Platform may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
        2. Third Party Links are provided as a convenience to you and the existence of such links on the Platform is not an endorsement of those Third Party Links.
        3. We are not responsible for the content or material contained on any Third Party Link.
  • Privacy
        1. We will collect, use and disclose any personal information you provide us when using the Platform in accordance with our Privacy Policy.
        2. For more information on our information collection and handling practices, please view our Privacy Policy here.
  • Disclaimer
        1. The Platform and Third Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Platform or Third Party Links.
        2. We reserve the right to change, suspend or discontinue any aspect of the Platform, including removing any User Content or Third Party Links, at any time and without notice to you.
        3. You are responsible for considering the appropriateness of the Platform for your intended application and use and we give no warranty, guarantee or representation that the Platform is suitable for or meets your requirements.
        4. We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.
  • Assumptions and limitations

The Platform is subject to the following assumptions and limitations:

        1. the Platform is not intended to be used as the sole or primary basis for making investment and financial decisions and should not be relied on as the sole or primary source of information applicable to such decisions; and
        2. results or outputs are based on the information provided or uploaded by you or by Data Providers and have not been separately confirmed or verified.  
  • Exclusions and limitation of liability
        1. To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Platform.
        2. To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
        3. Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
          1. fraud or other unlawful acts;
          2. gross negligence; or
          3. liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
  • Indemnity

You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose  directly or indirectly out of or in connection with:

      1. any breach of these Terms by you; or
      2. breach of any right of another user,

except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.

  • Dispute resolution
        1. The parties must use their reasonable endeavours to resolve through negotiation all disputes, conflicts (including, without limitation, conflicts of interest) differences or questions between them arising out of or in connection with these Terms.
        2. If within 10 business days (that is, days that are not bank holidays in Brisbane, Australia), the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration.
        3. The parties agree to negotiate in good faith to agree on the appointment of a single arbitrator, or failing agreement as appointed by the President of The Queensland Law Society (if all the parties are situated in Australia) or (where one or more of the disputing parties is not situated in Australia) to an arbitrator appointed by the Australian Centre for International Commercial Arbitration Court (ACICA).
        4. The arbitration will be conducted in Australia in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA (the Rules).
        5. The terms of the Rules are deemed incorporated into these Terms.
        6. If a party fails to adhere to the terms of this clause 15 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued.
  • Termination
        1. We reserve the right to cease operating the Platform, without notice and for any reason.
        2. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms or on termination of our arrangement with your Referring Provider (if applicable).   
        3. On expiry or termination of these Terms:
          1. access to your account will expire or cease; and
          2. you will not have any access to User Content through the Platform; and
          3. we will remove your account and its related information from the Platform.
        4. We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform.
  • Contact us

If you wish to contact us or make a complaint, please contact us at theteam@wlth.com.au.

  • Variation to the Terms
        1. We may vary, amend or otherwise modify the Terms at any time (New Terms).
        2. We will publish the New Terms on the Platform, at which time they will be effective.
        3. Your continued use of the Platform following posting of the New Terms constitutes your acceptance of the New Terms.
  • Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

  • Jurisdiction
      1. The Terms are governed by the laws in force in Queensland, Australia.
      2. You and we submit to the exclusive jurisdiction of the courts of Queensland.

Last update of these Terms and Conditions : 5 March 2o19