Terms and Conditions
Welcome to NetGrowth. We provide financial planning services as outlined on our website. Our goal is to support you in making informed financial decisions and to provide tailored advice that aligns with your personal goals and circumstances.
By using our Services, you agree to these Terms and Conditions which form a legally binding agreement between you and NetGrowth.
In these Terms:
a.
“You” or “Your” refers to you as an individual client or, where applicable, an entity on whose behalf you are authorised to accept these Terms.
b.
“We,” “Us,” or “Our” refers to GROWTH FINANCIAL PTY LTD ABN 48 677 764 797 trading as NetGrowth financial advisers, an authorised representative of GPS Wealth Limited ABN 17 005 482 726, holder of Australian Financial Services license number 254544 (“GPS”).
c.
“Services” means the financial planning advice and related services provided by us.
d.
“Your Data” means the information and documents provided by you to enable us to deliver the Services.
e.
“Personal Information” means information that identifies you under the Privacy Act 1988 (Cth).
You must not use our Services unless you accept these Terms in full.
1. Our Disclosures
Before proceeding, please review the following:
Privacy Policy:
Available on our Site, explaining how we handle your personal information.
Variations (Clause 9):
We may amend these Terms from time to time.
Liability (Clause 11):
Sets out the limits and exclusions of our liability.
2. Engagement and Term
a.
These Terms commence when you accept them and continue until terminated in accordance with Clause 10. By accepting, you engage us to provide Services subject to your compliance.
b.
If we require access to your premises or computer systems to provide the Services, you agree to grant such access, ensuring it is free from risks to the safety of our employees and contractors.
c.
We will not be responsible for any services beyond those expressly detailed in these Terms or on our Site.
d.
If you engage third parties to operate alongside the Services (e.g., third-party software integrations), such third parties are independent of us. You are responsible for their goods or services unless we expressly agree otherwise.
e.
We may amend these Terms at any time by providing written notice. By clicking “I accept” or continuing to use the Services after the notice or after 30 days (whichever is earlier), you agree to the amended Terms. If you do not agree to the amendments, you must cease using the Services.
3. Authorisation and Regulatory Compliance
a.
NetGrowth ( AFSL 1266708) is an authorised representative of GPS Wealth Ltd ( AFSL 254 544)
b.
We comply with the Financial Planners and Advisers Code of Ethics 2019, Corporations Act 2001 and are regulated by the Australian Securities and Investments Commission (ASIC).
c.
By engaging our Services, you acknowledge that we provide advice within this regulatory framework.
4. Services Provided
We provide:
a.
Financial planning advice and related services.
b.
Unless otherwise agreed in writing, we do not provide tax or accounting advice.
c.
Our advice is based on the information you provide, and we rely on its accuracy and completeness.
We may require reasonable access to your financial records to perform our Services.
5. Client Responsibilities
You agree to:
a.
Provide accurate, complete, and up-to-date information.
b.
Notify us promptly of any changes in your financial circumstances.
c.
Cooperate with our reasonable requests to facilitate service delivery.
6. Fees and Payment
a.
Comprehensive details of the Paid Services, including features, limitations, and fees, will be transparently communicated during the initial consultation.
b.
Full payment for Paid Services is required at the time the order is placed, ensuring timely commencement and delivery of services.
c.
Accepted payment methods will be clearly specified at the point of purchase. If payments are processed via third-party providers, clients may need to agree to additional terms presented by those processors.
d.
Payments must be made through lawful means only. Where payments are made by debit or credit card, the payer confirms they are the authorized cardholder. For direct debit payments, authorization is given to our designated processor to debit the client’s account, confirming client authority over the bank account.
e.
In the event of late or non-payment, we reserve the right to suspend access to the Services until outstanding amounts are settled.
f.
Clients bear responsibility for any applicable taxes, levies, or statutory charges incurred in connection with the use of the Services, except where such taxes are collected and remitted by us under legal obligation.
Our fees are structured as:
Plan Preparation and Implementation Fees:
Payable when you agree to receive our advice. Fees will depend on complexity and scope of advice.
Annual Ongoing Service Fees:
Payable when you agree to receive ongoing advice. Ongoing services will be detailed and agreed upon in a separate engageement letter.
7. Privacy and Confidentiality
a.
We handle personal and financial information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
b.
We comply with the professional and ethical standards set by ASIC and the AFSL and maintain Professional Indemnity Insurance to ensure the protection of our clients and the integrity of our services.
c.
We will not disclose your information without your consent unless required by law or necessary for providing our Services.
d.
By providing Your Data, you grant us a right to use it for the purpose of delivering Services, compliance, reporting, and internal analysis.
e.
You remain responsible for the accuracy and integrity of Your Data.
8. Intellectual Property
a.
All intellectual property rights in materials we provide remain the property of NetGrowth.
b.
You may use these materials only for your personal financial planning needs and may not reproduce or distribute them without our written consent.
9. Variations
a.
We may update or vary these Terms at any time by publishing the updated version on our website.
b.
Changes take effect from the date they are posted.
10. Suspension and Termination
Suspension
a.
We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services).
b.
If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter. If it cannot be resolved, we may terminate these Terms, and your access to the Services will end.
Termination
a.
We may terminate these Terms (meaning you will lose access to the Services)
if:
i.
you fail to pay your fees when they are due;
ii.
you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
iii.
you breach these Terms and that breach cannot be remedied;
iv.
we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
v.
you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering creditors’ schemes of arrangement).
11. Limitation of Liability
a.
To the maximum extent permitted by law, NetGrowth excludes liability for any loss or damage arising from your use of our Services, except where caused by our negligence or willful misconduct.
b.
Our total liability is limited to the fees paid by you for the Services.
c.
We are not liable for Consequential Loss (including loss of profits, opportunity, or data).
d.
These Terms do not limit your Consumer Law Rights under the Australian Consumer Law.
12. Dispute Resolution and Governing Law
a.
These Terms are governed by the laws of Australia.
b.
Disputes are subject to the exclusive jurisdiction of Australian courts.
c.
We maintain an internal dispute resolution process. If unresolved, disputes may be referred to the Australian Financial Complaints Authority (AFCA).
13. General:
a.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
b.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or subcontract our rights and obligations by providing you with notice.
c.
These Terms constitute the entire agreement between you and NetGrowth in relation to the Services and supersede all prior discussions, agreements, or understandings.
d.
Nothing in these Terms creates or is intended to create any partnership, joint venture, employment, or agency relationship between you and NetGrowth.
e.
All notices must be sent to the contact details specified on our website, unless otherwise agreed in writing.