Last updated 16 April 2020

1. Introduction

1.1          The HUBconnect App is a financial data aggregation tool (“HUBconnect App”) used by organisations and individuals, such as persons authorised to provide general or financial advice under an AFSL (“Adviser” or “Advice Provider”), or other professional service providers, and their Clients.

1.2          These Advisers or other professional service providers and their Clients use the HUBconnect App to create a consolidated view of Client financial Account Information provided by various third party Account Providers.

1.3          All users acknowledge and accept:

• that the financial Account Information made available on or through the HUBconnect App is provided by third party Account Providers;
• we do not hold an AFSL or ACL;
• we do not provide any General Advice, Financial Advice or Advisory Services to you;
• an Adviser, Advice Provider, or other professional service provider, must have an agreement in place, and the consent of their Client, to access their Clients’ financial Account Information held by a third party Account Provider; and
• that they have read and agree to HUBconnect’s Privacy Policy.

2. Scope and application

2.1          These terms and conditions (“Terms”) set out the terms on which HUBconnect Pty Ltd ACN 140 899 252 (“we”, “us” or “our”) allow you to access and use our website application at www.hubconnect.com.au and/or our mobile application, which are provided by us (“HUBconnect App”).

2.2          By clicking “I accept”, you agree to comply with, and to be bound by, these Terms.

2.3          These Terms apply to all Users who access and use the HUBconnect App.

2.4          For the purpose of this Agreement:

• a “User” is any person who accesses the features of the HUBconnect App through their HUBconnect User Account Credentials;
• an “Organisation” is an Account Provider, Adviser or Advice Provider, or other professional services provider, that agrees to the terms of our separate HUBconnect Access Agreement, or as it may otherwise be known from time to time, which entitles them to invite Users to use and access the HUBconnect App
• an “Organisation User” includes all employees or contractors of the Organisation; and
• a “Guest User” includes all persons outside of an Organisation, such as their Clients and third-party professional service providers such as accountants, who may receive an invite to use and access the HUBconnect App from an Organisation User or from HUBconnect directly.

2.5          These Terms, as well as the HUBconnect Privacy Policy, apply to all Users.

2.6          You agree that you must not use the HUBconnect

3. Your access

Access and use

3.1          As an Organisation User, by you accepting and complying with these Terms, we grant you a non-exclusive, revocable, limited right and licence to access and use the HUBconnect App for the purpose of accessing a consolidated view of your Clients’ financial Account Information and providing Advisory Services to your Clients.

3.2          As a Guest User, by you accepting and complying with these Terms, we grant you a non-exclusive, revocable, limited right and licence to access and use the HUBconnect App for the purpose of:

• your own personal use (e.g. Clients); or
• accessing a consolidated view of your or your Clients’ financial Account Information (e.g. accountants).

Registration

3.3          In order to access certain features of HUBconnect, you must create an account (“User Account”) by signing up from an email invitation that is sent by an Organisation or HUBconnect directly. When you sign up you will be asked to choose a password, which you will be required to use to access your HUBconnect User Account. The login ID for your User Account will be your email address.

3.4          We will confirm creation of your User Account by sending you a welcome email with the details for how to login again.

Email notifications

3.5          By creating a User Account, you automatically sign up for various types of emails in relation to sign up, security alerts and feature updates.

3.6          When logged in, you may switch off the feature update notifications from your user profile settings.

4. Services

4.1          All Users acknowledge and agree that:

• HUBconnect is only used by Organisation Users to provide Advisory Services to Guest Users;
• we do not provide, and are not obliged to provide, general or finance advice or Advisory Services to any User;
• information displayed through HUBconnect is not intended to be used as the primary basis for providing legal, tax or financial planning advice;
• Organisation Users should not and will not solely rely on HUBconnect as the primary basis for their Advisory Services;
• Organisation Users control the Account Provider information Guest Users can view and have access to through HUBconnect, and may add or remove Guest User access to such data or information at any time;
• we may comply with the requests and directions from an Organisation User in connection with the Third Party Services that the Organisation provides, the data and information you can view or access through HUBconnect, and more generally your access and use of HUBconnect; and
• we do not provide Third Party Services to you.

4.2          All Users acknowledge and agree that, to the extent permitted by law:

• we are not responsible or liable for any loss or damage any User may suffer or incur in connection with the provision of Advisory Services by an Organisation User;
• we are not responsible or liable to any User for any loss or damage you may suffer or incur in connection with, or on reliance upon the Third Party Services; and
• we are not responsible or liable to you for any decisions, actions or authorisations, based on information you receive as a User of HUBconnect, or information you otherwise see on our Website.

Third Party Services

4.3          All Users acknowledge and agree that:

• the HUBconnect App is used by third party service providers, whether they be Advisers, Account Providers or Organisations, to provide services including Account Information to you and other Guest Users (“Third Party Services”);
• we do not provide the Third Party Services to you; and
• to the extent permitted by law, we are not responsible or liable to you for any loss or damage you may suffer or incur in connection with the Third Party Services.

Third Party Account Providers

4.4          For us to provide services to you to view third party Account Information, HUBconnect works with one or more third party Account Providers to access Client financial Account Information. Account Providers may include Australian ADI’s or banks, financial institutions, financial product platforms or other data aggregator platforms.

4.5          Any third party financial Account Information, such as balances or information shown on HUBconnect represent the most recent information provided to us by the relevant third party Account Provider. We give no warranty or guarantee that such information is accurate or complete and to the extent permitted by law, we are not responsible for the accuracy or completeness of such information.

4.6          The protection of your information is subject to strict security and privacy practices, as detailed in the HUBconnect Privacy Policy.

4.7          We make no representation or guarantee to review or otherwise validate the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. HUBconnect is not responsible for the products and services displayed by, or on, third party Account Provider sites.

5. Obligations

5.1          All Users must:

• act reasonably, follow our directions, and cooperate with us in connection with your access to and use of the HUBconnect App;
• provide us with information or data that we request from you through the HUBconnect App from time to time;
• use the HUBconnect App in accordance with all applicable laws, including the Privacy Legislation; and
• not access or use the HUBconnect App or any Content other than in accordance with these Terms.

5.2          Organisation Users must hold and maintain all licences, permits, registrations and insurances required under any State, Territory, or Commonwealth legislation or regulation to access and use the HUBconnect App in accordance with these Terms and provide Advisory Services to Clients.

User credentials

5.3          All Users will be entitled to, and will be issued with, a single login and password (which may change from time to time) to access and use the HUBconnect App (“HUBconnect User Account Credentials”).

5.4          Organisations Users will be required to enter their Account Provider credentials, (or be provided with access by another Organisation User e.g. an Adviser providing their assistant with access), when setting up their HUBconnect User Account, to access Client financial Account Information. Account Provider credentials are separately issued to Advisers or other Organisation Users, directly by the third party Account Provider (“Account Provider Credentials”). If the Account Provider Credentials are not correct, the Organisation User will not be able to access relevant Account Information from the particular Account Provider, through HUBconnect.

5.5          All users must not:

• not allow their HUBconnect User Account Credentials to be used by any third party;
• ensure that their HUBconnect User Account Credentials are kept secure and confidential, and take all steps necessary to ensure that their HUBconnect User Account Credentials are not disclosed, provided or made available to, or otherwise accessed by, any third party;
• ensure that they comply with our reasonable instructions in relation to the security and integrity of your HUBconnect User Account Credentials; and
• notify us immediately after they become aware that your HUBconnect User Account Credentials have been disclosed, provided or made available to, or otherwise accessed by, any third party.

6. Restrictions and Security

Restrictions

6.1          All Users must not:

• resupply, resell, sublicense, make available or otherwise allow any other person (other than an Organisation or Guest User) to access or use the HUBconnect App or any Content;
• decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the HUBconnect App, including any source code, object code, algorithms, methods or techniques used or embodied therein;
• corrupt or misuse the HUBconnect App; or
• use the HUBconnect App:
  • to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;
  • to gain unauthorised access to, or interfere with, any online resources or systems of any third party, including by any form of hacking;
  • to distribute unsolicited emails to third parties, including bulk unsolicited emails;
  • in any manner that is likely to result in our systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;
  • in a way that infringes the Intellectual Property Rights or any other rights of any person;
  • in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our other customers;
  • in a way that uses any data mine, scrape, crawl, email harvest or any other process that sends automated queries; or
  • in any other manner that is otherwise unacceptable to us.
• use the HUBconnect App for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any information, data, material or content that:
  • infringes the Intellectual Property Rights of any third party;
  • is unlawful, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • promotes unlawful violence;
  • depicts sexually explicit images; or
  • is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability.

6.2          We reserve the right to remove from the HUBconnect App any of your materials or content that we consider to be inappropriate or otherwise in breach of clause 6.1.

Security

6.3          All Users must maintain appropriate and up to data security software and hardware, including firewalls, anti-virus, and other protection measures in connection with their access to and use of the HUBconnect App.

User Account security

6.4          You are responsible for safeguarding your User Account information in accordance with clause 5.5.

7. Acknowledgements and disclaimers

7.1          You agree that, to the extent permitted by applicable law and subject to clause 12.1:

• The Content available on the HUBconnect App is supplied by third parties and we do not review or verify this information;
• we make no warranty that the HUBconnect App or any Content will be accurate, free from defects, errors or faults, or that it is fit for any particular purpose;
• the HUBconnect App may contain access to third party links, products, content or services and your use of any third party link, product, content or service as part of, or in connection with, the HUBconnect App may be subject to separate terms and conditions, whether imposed by us or by the relevant third party (and you must comply with such third party terms and conditions);
• you are responsible for any data, information or other content that you upload or input into or through the HUBconnect App (“Data”);
• the HUBconnect App or any part of its Content may not be available from time to time, and we make no representation or warranty in relation to the availability of the HUBconnect App or the Content; and
• the HUBconnect App may not be fully compatible with your mobile device or your operating system.

8. Intellectual Property

Our IP

8.1          We (or our licensors, as applicable) own all Intellectual Property Rights in the HUBconnect App, any material, data or content that you access or use through the HUBconnect App (other than your Data) (“Our IP”). All modifications and enhancements to Our IP are also to be treated as Our IP. If you modify or enhance the Our IP in any way, you assign to us (or our licensors as applicable) all Intellectual Property Rights in those modifications or enhancements immediately from creation.

Data

8.2          You grant us a non-exclusive, irrevocable, sub-licensable global licence to store, reproduce, use, modify, disclose and otherwise exploit the Data.

8.3          You retain all Intellectual Property Rights in your Data.

Your feedback

8.4          From time to time, we may request that you provide feedback to us in relation to your use of the HUBconnect App (“Feedback”).

8.5          All Intellectual Property Rights in any Feedback you provide to us vests in us. You hereby assign to us all Intellectual Property Rights you may have in any Feedback immediately from creation.

9. Confidentiality

9.1          You must treat as confidential information the provisions of these Terms, and all information provided or made available by us under or in connection with these Terms, including our technical, operational, billing, pricing and other commercial information (“Confidential Information”).

10. Changes to these Terms

10.1        We may change the terms and conditions of these Terms at any time. We will notify you of any material changes to these Terms via the HUBconnect App itself or by electronic communication.

10.2        In the event that we make any changes to these Terms, you are not required to accept them if you do not agree with them, but you will not be able to, and must not, use the HUBconnect App unless you have accepted the amended Terms.

11. Changes to the HUBconnect App

11.1        We may but are not obliged to make changes to the HUBconnect App. We may notify you of any material changes to the HUBconnect App via the HUBconnect App itself or by electronic communication, but we are not obliged to.

11.2        In the event that we make any changes to the HUBconnect App, you may not be able to use the HUBconnect App unless you accept such changes.

12. Liability

12.1        If we are liable to you in any way in relation to these Terms or the HUBconnect App (including for any claim that we have failed to comply with any guarantee for which liability cannot be excluded but may be limited under the Competition and Consumer Act 2010 (Cth) or any other legislation), our liability to you is limited to:

• replacing and resupplying the HUBconnect App to you or paying the cost of having the HUBconnect App replaced and resupplied to you (at our election); or
• resupplying the relevant service within the HUBconnect App to you or paying the cost of having that service supplied to you again (at our election), as applicable.

12.2        Subject to clause 12.1, we are not liable for any loss, damage, liability, penalty, fine, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, however caused (including by our negligence), that you suffer or incur in connection with these Terms or the HUBconnect App.

12.3        You are liable for, and indemnify us from and against, all loss or damage (including legal costs) that we incur or suffer and that arises from or in connection with your breach of clause 6.

13. Suspension or termination

13.1        We may suspend or terminate the licence granted to you under clause 3 at any time without notice to you.

13.2        If you do not accept any amended or new version of these Terms as contemplated in clause 10; or you do not accept any changes or modifications we have made to the HUBconnect App as contemplated in clause 11, then the licence granted to you under clause 3 will immediately terminate.

14. Privacy

14.1        Organisation Users must comply with the Privacy Legislation in relation to any Personal Information that forms part of the Data.

14.2        If an Organisation User provides or makes available any Personal Information to us in connection with these Terms, the Organisation User must make all disclosures and obtain all consents necessary to allow us to collect, store, use, disclose and otherwise deal with the Personal Information lawfully in accordance with our privacy policy, available at our Website (“Privacy Policy”) and the Privacy Legislation.

14.3        We will collect, use, store, disclose and handle Personal Information in accordance with our Privacy Policy.

15. General

15.1        The laws of New South Wales, Australia govern these Terms, and each party irrevocably submits to the jurisdiction of the courts of that place and courts competent to hear appeals from those courts.

15.2        A right under these Terms may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.

15.3        You agree that we may use subcontractors to provide the HUBconnect App to you.

15.4        Each provision of these Terms will be read and construed as a separate and severable provision or part and, if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

16. Definitions

16.1        In these Terms, the terms set out below have the following meaning: Access Agreement means and agreement entered into between an Organisation User and HUBconnect, wherein HUBconnect authorises the Organisation User to access and use the HUBconnect App.

Account Information means:

• Account name;
• Account number;
• Account balance;
• Account transactions;
• Holdings information; and
• Other financial account information made available, from time to time, through the HUBconnect App.

Account Provider means an Australian ADI or bank, financial institution, product provider, financial platform provider or other data aggregator platform.

ACL has the same meaning as in s35 of the National Consumer Credit Protection Act 2009 (Cth).

Advisor means an Authorised Representative.

Advisory Services means:

• providing information and services to Clients through or in connection with the HUBconnect App;
• granting and managing Guest User access to and use of the HUBconnect App; and
• linking their Clients’ accounts, held by third party Account Providers, together on the HUBconnect App.

AFSL has the same meaning as s761A of the Corporations Act.

Australian ADI or bank has the same meaning as in section 9 of the Corporations Act.

Authorised Representative of a financial services licensee means a person authorised in accordance with section 916A or 916B of the Corporations Act to provide a financial service or financial services on behalf of the licensee.

Client has the same meaning as in section 761G of the Corporations Act.

Connectivity Agreement means an agreement entered into between a Third-Party Account Provider and HUBconnect for the purpose of providing HUBconnect with Financial Account information.

Content means any information, data or other materials that we make available to you through the HUBconnect App.

Corporations Act means the Corporations Act 2001 (Cth).

Financial Product Advice has the same meaning as in section 766B of the Corporations Act.

General Advice has the same meaning as in section 766B(4) of the Corporations Act.

Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, patent, registered or unregistered trade mark, registered or unregistered design, or right of registration of such rights.

Personal Information has the same meaning given to that term in the Privacy Act 1988 (Cth).

Privacy Legislation means the Privacy Act 1988 (Cth) including the Australia Privacy Principles, the Spam Act 2003 (Cth), any registered APP Code that binds a party and any other laws, industry codes and policies relating to the handling of Personal Information.

Website means the HUBconnect website available at: www.hubconnect.com.au.