TERMS & CONDITIONS
Please read the following Terms and Conditions relating to use of YourShare services and the www.yourshare.com.au website.
'Our', 'Us' and 'We' refers to YourShare Pty Ltd, ABN 32 122 332 503. The words ‘You' and ‘Your' refer to users of the YourShare Website. The material on the YourShare Website is published by Us and is intended for use in Australia. The YourShare Website is not intended for use outside Australia. We make no claim that the information contained on the YourShare Website is appropriate or may be downloaded legally outside Australia. If you access the YourShare Website from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.
Access to the YourShare Website
The YourShare Website is a business and commercial portal. It is, therefore, not intended for persons under the age of 18. You warrant that You are aged 18 or older.
While reasonable steps have been undertaken to ensure that the information, materials and services contained on the YourShare Website are free from error, to the extent permitted by law, which law cannot be excluded, we do not warrant the accuracy, adequacy or completeness of content. Information on the YourShare Website may change without notice to you, unless we are required by law to provide you with notice of any changes. All terms implied by law, except those that cannot be excluded by law shall be excluded.
Use of the YourShare Website is limited to using the functions and applications that We make available from time to time in accordance with these Terms and Conditions or any additional Terms and Conditions applicable to specific applications.
You agree that in using the YourShare Website You will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on the YourShare Website, or any of the information, content or data contained within or accessible through the YourShare Website, without our prior written permission. Further You agree not to use any process to aggregate or combine information, content or data contained within or accessible through The YourShare Website with information, content or data accessible via or sourced from any third party. In addition You agree not to use any information on or accessed through the YourShare Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You also agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the YourShare Website, or copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the YourShare Website without our prior written permission.
We are not responsible, and do not accept liability, for any content available on the YourShare Website provided to Us by third party content providers, fund managers or financial services, credit, or other providers.
You release Us from any liability, in contract, tort (including negligence), equity or under statute, for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, arising out of or in connection with, any content on the YourShare Website provided to Us by third party content providers, fund managers or financial services, credit, or other providers.
Your continued use of the YourShare website constitutes an affirmative acknowledgement and agreement by you that you accept and agree to abide by and be bound by these terms and conditions and any subsequent modifications.
You acknowledge and agree that the YourShare Website provides a ‘no advice’ service. We do not make any recommendations or endorsements of financial or credit products or their suitability for You. All information contained on the YourShare Website is factual information or general advice only and does not take into account Your objectives, financial circumstances or needs. If you are not comfortable with making your own financial decisions you should contact a licensed financial or finance/mortgage adviser. You should always read the Product Disclosure Document (PDS) of any financial product before investing in that financial product.
YourShare accepts no responsibility for the information contained in any Product Disclosure Statement. The product issuer, and not YourShare, is responsible for the content of the disclosure documents. YourShare does not endorse or guarantee the performance of any financial products or make an offer or recommendation with respect to any financial product.
YourShare can vary the amount or manner of commission rebates with 30 days prior written notice to You. Notice may be given in writing sent to your electronic mail address.
Subject to this clause, We agree to rebate to You 100% of all initial commissions and entry fees received by Us, except that:
(a) We will not rebate to You the initial commission We receive on any life risk insurances, including life insurance, trauma insurance, income protection insurance and critical illness insurance;
(b) At our discretion, we may not rebate to You any amount remitted to Us that is less than $100. We will use Our best endeavours to identify, locate and rebate to You any amount remitted to us for an amount of less than $100. At our discretion, such amounts may be added to your annual cash back account and rebated at a rate of 50%.
Where permitted, and at our discretion, We will provide the rebate of upfront and initial commissions or entry fees relating to Your fund providers (including managed investment schemes, allocated pensions and wraps and master trusts) in the form of additional units within that fund.
Where Your fund provider does not permit commissions to be rebated in the form of additional units, and where commissions are added to your annual cashback account, We will rebate Your initial commissions and entry fees by cheque.
YourShare will rebate a portion of all trailing commissions We receive in respect of the financial and credit products You hold and which are registered on the YourShare website. Trailing commissions are rebated as follows:
Total value of Trail commissions received per member, per annum
% rebated to member as Yearly Cash-Back
% retained by YourShare
First $ 590
Balance over $ 590
Commission rebates are paid to You by Us on the date of Your anniversary of signing up to use the YourShare Website. All rebates are paid by cheque posted to Your last known mailing address.
We do not rebate any commission or entry fee which is not paid to Us by the provider, or the agent of the provider, of your financial or credit products and received by Us.
Entitlement to Commission
From the date of Your acceptance of these Terms and Conditions until the next anniversary date of Your membership, You will be entitled to a rebate of the commissions the subject of these Terms and Conditions upon Our receipt of those commissions from Our authorising licensee. If these Terms and Conditions are terminated by You or Us, We will pay to You any commissions the subject of these Terms and Conditions which We currently hold in relation to Your financial products on the date of the next anniversary of Your membership.
From the date of the next anniversary of Your membership, You will be entitled to a rebate of the commissions the subject of these Terms and Conditions at the anniversary date of Your membership which first occurs after our receipt of those commissions from Our authorising licensee. If these Terms and Conditions are terminated prior to Your anniversary date, We will not be liable to rebate to You any commissions the subject of these Terms and Conditions which We have received in relation to Your financial products prior to the date of termination.
The amount of Your rebate will be calculated as at the anniversary date of Your membership in accordance with the Terms and Conditions effective at that date. We will pay You Your rebate within 30 days after Your anniversary date.
Trademarks and Copyright
All trade names, brand names, trade symbols, logos, slogans, trade marks or services marks are trademarks or proprietary interests of YourShare. There are other trade names, brand names, trade symbols, logos, slogans, trade marks, service marks, brand names, company names, logos, slogans, trade marks or service marks indicated on the YourShare Website that are the property of their respective owners.
You may download, display, print and reproduce the material available on the YourShare Website in unaltered form only (retaining this notice) for Your personal, in-house or non-commercial use. You may not copy, re-transmit, distribute or commercialise the material without Our permission. For any other proposed use, You must contact Us for formal permission.
Offering of Financial Products
You agree, when acquiring financial, credit or other products through the YourShare Website, to receive Financial Services Guides, Product Disclosure Statements, Credit Guides, Credit Quotes, Credit Proposals and any other disclosure document, electronically via email or by accessing the document online, at the YourShare Website or at another website We direct You to.
You agree to complete the relevant applications forms for any product You wish to acquire.
Financial products will be allocated at the discretion of the offering company and the underwriter (if applicable) in accordance with the Corporations Act and the disclosure document. Credit products will be offered subject to the terms and conditions of that product and the lender’s assessment policies and procedures. We cannot guarantee that applicants will successfully receive an allocation, a financial product or a credit product.
To the maximum extent permitted by law, We disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or
lost or stolen programs or other data, however caused and under any theory of liability (including contract, tort (including negligence), equity or statute) arising out of or in connection with (1) use of the YourShare Website, or the inability to use the YourShare Website by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage; or (4) any content on the YourShare Website, including content published by Us, You or other users; or (5) Your disclosure of Your login, username, password, or any other applicable security features from time to time to any other person, or Your failure to take reasonable precautions in the protection of login, username, password or other applicable security features.
You indemnify Us (and any of Our related bodies corporate) in respect of any liability incurred by Us (or any of our related bodies corporate) for any loss, cost, damage, expense, howsoever caused, We suffer as a result of Your negligent or wrongful act or omission or Your breach of any term, condition or warranty in these Terms and Conditions.
The YourShare Website may contain a number of links to other Internet sites which are operated by third parties. The provision of the link does not mean that We endorse or accept any responsibility for the content, use, or products and services made available through the associated web sites. By utilising these links, You acknowledge and agree that We are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that We are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should You have any questions regarding these sites, You should address them directly with the relevant site administrator.
You must notify Us of any change to Your contact details within ten business days. Any notice required to be given under this agreement will be validly given if it is sent to the last known address, electronic mail address or phone or facsimile number of the other party, except where the contract expressly identifies the required delivery method.
These Terms and Conditions of use of the YourShare Website may be varied by Us with 30 days notice in writing to You. Notice may be given in writing electronically via email.
These Terms and Conditions of use of the YourShare Website may be terminated by You without notice to Us. We may terminate these Terms and Conditions immediately if you have breached these Terms and Conditions. If these Terms and Conditions are terminated, our agreement to provide You with access to the YourShare Website ends immediately.
This agreement is governed by the law in force in the state of New South Wales, Australia. Any dispute arising in connection with these Terms and Conditions or in connection with Your use of this site which cannot be resolved by good faith negotiations between Us shall be referred to mediation or to arbitration. However, We reserve, at Our absolute discretion, Our right to instigate legal proceedings prior to negotiation, arbitration or mediation against any individual, organisation or entity, who in Our opinion has acted in breach of these Terms and Conditions.