TERMS AND CONDITIONS

1. About the Website

  1. Welcome to https://www.netplan.com.au (the 'Website').
  2. The Website is operated by NS Financial Pty Ltd (trading as Netplan)(ACN 623 530 905) which will be referred to as Netplan. Access to and use of the Website, or any of its associated services (“Services”) is provided by Netplan. Please read these terms and conditions (the 'Terms') carefully.
  3. Netplan reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Netplan updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Netplan in the user interface.

3. About the Website and the Services

  1. The Website is an online learning platform that provides factual information and general financial product advice through the delivery of audio, video and written materials. All information contained in the Website and the Services is either factual information or is general financial product advice. Where general financial product advice is provided, that advice does not take account of your objectives, financial situation or needs.

  2. Free and paid subscription accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

  3. Some accounts may be governed by a separate Software Licensing Agreement with Netplan, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Website

  1. The Website and the Services must only be used lawfully. Netplan reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the Website and the Services:

4.1.i. To engage in any act that would disrupt the access, availability, and security of the Website or the Services, including but not limited to:

4.1.ii. Tampering with, reverse-engineering, or hacking our servers.

4.1.iii. Modifying, disabling, or compromising the performance of the Website or the Services.

4.1.iv. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources.

  1. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system.

  2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

  3. To stalk, harass or threaten users and any member of the public.

  4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Netplan or any third party

  5. To access or search any part of the Website or any other Website owned by Netplan other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

  6. To post, upload, share, or otherwise circulate content in violation of these Terms.

5. Subscription to use the Services

  1. In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

  2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

  3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services that are available by way of the Website.(the ‘Account').

  4. As part of the registration process, or as part of your continued use of the Website and the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password
  • Name

  1. You warrant that any information you give to Netplan in the course of completing the registration process will always be accurate, correct and up to date.

  2. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the initial subscription period of 1 year expires (the 'Subscription Period').

  3. You must not use the Services if:

i. you are not of legal age to form a binding contract with Netplan; or

ii. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

6. Your obligations as a Member

As a Member, you agree to comply with the following:

  1. you will use the Services only for purposes that are permitted by:

1.i. the Terms; and

1.ii. any applicable law, regulation or generally accepted practices or guidelines;

  1. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

  2. You agree to immediately notify trading Netplan of any unauthorised use of your password or email address or any breach of security of which you have become aware.

  3. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Netplan providing the Services to you. You must not share your password or other login information with any other person or otherwise allow any person to have access to the Website and/or the Services;

  4. you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and

  5. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

7. Payment

  1. Where the option is given to you, you may make payment of the Subscription Fee by way of a credit card payment ('Credit Card').

  2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

  3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

  4. You agree and acknowledge that Netplan can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

  5. At the end of the first Subscription Period (1 year) and at the end of each Subscription Period thereafter your Subscription will be renewed automatically. You can cancel the automatic renewal at any time by contacting us. When you cancel your subscription you will have access to the Services for the remainder of the Subscription Period that has been paid for by you.

8. Refund Policy

  1. Netplan will only provide you with a refund of the Subscription Fee in the event that it is unable to continue to provide the Services.

  2. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by you during the relevant Subscription Period.

9. Copyright and Intellectual Property

  1. The Website, the Services and all of the related products of Netplan are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Netplan or its contributors.

  2. All trademarks, service marks and trade names are owned, registered and/or licensed by Netplan, which grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

i. use the Website pursuant to the Terms;

ii. copy and store the Website and the material contained in the Website in your device's cache memory; and

iii. print pages from the Website for your own personal and non-commercial use.

  1. Netplan does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Netplan.
  2. Netplan retains all rights, title and interest in and to the Website and the Services. Nothing you do on or in relation to the Website will transfer any:

3.i. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

3.ii. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

3.iii. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)

, to you.

  1. You may not, without the prior written permission of Netplan and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the any content made available to you by the Website and/or the Services for any purpose, unless otherwise provided by these Terms.

10. Privacy

Netplan takes your privacy seriously and any information provided through your use of the Website and/or the Services is subject to Netplan's Privacy Policy, which is available on the Website.

11. General Disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  2. Subject to this clause and to the extent permitted by law:

2.i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

2.ii. Netplan will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill suffered by you arising out of or in connection with the use by you of the Website or the Services (including as a result of not being able to use the Website or the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  1. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. Information on the website may cease to be accurate due to changes to legislation, regulatory policy or as a result of other events. Netplan and none of the affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

3.i. failure of performance, error, omission, interruption, deletion, defect, failure

3.ii. to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

3.iii. the accuracy, suitability or currency of any information on the Website, or by way of the Services, (including third party material and advertisements on the Website) including whether statements (including general financial product advice) made by way of the Website or the Services reflect the current status of all applicable legislation and other sources of regulation;

3.iv. costs incurred as a result of you using the Website, the Services and

3.v. the operation of links that are available by way of the Website or the Services.

12. Limitation of liability

  1. Netplan's total liability arising out of or in connection with the Website and/or the Services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the amount paid by you with respect to the relevant Subscription Period.

  2. You expressly agree that Netplan, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability as a result of using the Website and/or the Services and/or as a result of you relying upon any information and/or general financial product advice that is made available to you by way of the Website and/or the Services.

13. Termination of Contract

  1. Netplan may, at any time, terminate its contract with you and cancel your access to the Website and the Services if:

1.i. you have breached any provision of the Terms or intend to breach any provision;

1.ii. it is required to do so by law;

1.iii. the provision of the Services to you by Netplan is, in the opinion of Netplan, no longer commercially viable.

  1. Netplan otherwise reserves the right to cancel or suspend your access to the Website and the Services at any time and without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Netplan’s name or reputation or violates the rights of those of another party.

14. Indemnity

  1. You agree to indemnify Netplan, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1.i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with you accessing, using or transacting on the Website/using the Services or attempts to do so.

1.ii. any breach of the Terms.

15. Dispute Resolution

  1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  1. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. Resolution:

3.i. On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

3.ii. Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

3.iii. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

3.iv. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in Perth, Australia.

  1. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  1. Termination of Mediation:

If 5 business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed by the laws of Western Australia and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Western Australia.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.