Our process of offering financial advice and wealth management requires an assessment of a client's current position and an understanding of what they want to achieve.
We take into account a client's attitude to risk and capacity for loss alongside their objectives. We discuss options with clients before proceeding with the development of recommendations, supported by our analysis to ensure that expectations are realistic.
These terms and conditions ("Terms and Conditions") set out the agreement between FinaMetrica and users (referred to as "you" or "your") in relation to the
access, use and licensing of its web-based financial risk profiling tool ("Risk Profiling Software"), Website and associated documentation (collectively
called the "Risk Profiling System") for the purpose of completing a personal risk tolerance questionnaire and viewing the resulting personal risk profile
Your access, use and the licensing of the Risk Profiling System is conditional upon your acceptance of and compliance with these Terms and Conditions. Your
access and use of the Risk Profiling System indicates that you have read and accepted these Terms and Conditions. DO NOT USE THE RISK PROFILING SYSTEM UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. If you accept these Terms and
Conditions, please click on the "Accept" button. You may also wish to print out a copy of these Terms and Conditions or download and save them for your
records. If you do not accept these Terms and Conditions, please click on the "Decline" button, and you will not be able to access and use the Risk
Description of Services
FinaMetrica provides the Risk Profiling System to individuals wishing to have an assessment made of their financial risk tolerance. FinaMetrica
statistically compares your risk tolerance answers with the answers of other people. The Risk Profiling System should not be used without confirming
research from other sources, obtaining up-to-date information, and separate analysis by the user of his or her own particular financial situation,
circumstances, attitudes, motivations and preferences. FinaMetrica does not guarantee or represent that FinaMetrica assesses your current state of mind or
will predict your future state of mind or behavior.
FinaMetrica is the owner of all the intellectual property rights in the materials, data and processes in the Risk Profiling System including without
limitation all text, content, source and object codes.
The Risk Profiling System also contains trade secrets of FinaMetrica, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the
Risk Profiling System to human-perceivable form except to the extent otherwise authorised by applicable legislation. You may not modify, adapt, translate,
rent, sublicense, assign, loan, resell for profit, distribute or network the Risk Profiling System or related materials, or create derivative works based
upon the Risk Profiling System or any part thereof. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative
works from, transfer or sell any information obtained from the Risk Profiling System or the website which hosts the Risk Profiling System.
This Agreement does not limit any rights that FinaMetrica may have under trade secret, copyright, patent, trademark or other laws.
In consideration of your acceptance of these Terms and Conditions, FinaMetrica grants to you a non-exclusive, non-transferable licence for a single use of
the Risk Profiling System to complete the risk tolerance questionnaire and the optional demographic questionnaire and to access the Risk Profiling System
for your own personal use for twelve months from your completion date of the risk tolerance questionnaire to view your completed risk tolerance
questionnaire and your risk profile report.
You will need a user identification code and password to use the Risk Profiling System. You agree to keep your user identification code and password
confidential to prevent unauthorized access or use of the Risk Profiling System.
Suspension or Termination
If any fee to be paid by you or a third party for the rights and licence(s) granted herein is past due, FinaMetrica may terminate these Terms and
Conditions and the licence granted hereunder without prior notice. You agree that upon termination, FinaMetrica may, but are not required to, delete all
information related to your account and may bar your access to your account and the Risk Profiling System.
FinaMetrica, in its sole and absolute discretion, may end these Terms and Conditions and your licence to use the Risk Profiling System at any time, without
prior notice, if you fail to comply with any of your obligations under these Terms and Conditions or if you make any representation to us that is
Without limiting other remedies available to us at law, in equity or under these Terms and Conditions, we may, in our sole discretion, immediately issue a
warning, temporarily suspend, indefinitely suspend or terminate your access without notice and refuse to provide our services to you if:
1. you breach these Terms and Conditions;
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe that your actions may cause legal liability for you, our users or us.
We have no liability to you for any costs, losses or damages of any kind arising as a consequence of suspending or terminating your access to the Risk
In the event of suspension or termination, all restrictions imposed on you by these Terms and Conditions will survive.
Disclaimer and Limitation of Liability
FinaMetrica does not warrant that the Risk Profiling System is free from bugs, viruses, errors, or other program limitations. FinaMetrica does not
guarantee that the Risk Profiling System will be available for your use at the times or locations of your choosing.
Except as set out below, we exclude any:
1. condition or warranty which would otherwise be implied into these Terms and Conditions, relating in any way to the Risk Profiling System;
2. liability (including for negligence) to you or anyone else for any loss, damage, costs or expense (including special, consequential or indirect loss or
damage including without limitation, lost profits, loss of revenue, unavailability of systems or loss of data) arising from or in connection with your
access or use of the Risk Profiling System, or your reliance on the information available on or through the Risk Profiling System.
Where any legislation implies any condition or warranty into your use of or any arrangement arising out of your access or use of the Risk Profiling System
and that legislation prohibits exclusion of that condition or warranty, then that condition or warranty is included to the extent that such condition or
warranty cannot be lawfully excluded. If and to the extent permitted by legislation, however, our liability for breach of any express provision of these
Terms and Conditions or any non-excludable condition or warranty is limited to the re-supply of services.
USE AND LIMITATIONS OF REPORT
FINAMETRICA IS NOT ENGAGED IN RENDERING INVESTMENT OR FINANCIAL ADVICE, AND THE RESULTS OF USE OF THE RISK PROFILING SYSTEM MUST NOT BE REGARDED AS
CONSTITUTING INVESTMENT OR FINANCIAL ADVICE. HISTORICAL ILLUSTRATIONS OF THE RESULTS OF INVESTMENT DECISIONS ARE PROVIDED MERELY FOR INFORMATION PURPOSES
AND SHOULD NOT BE REGARDED AS A PREDICTION OR GUARANTEE OF ANY FUTURE RESULTS.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between the FinaMetrica and you. FinaMetrica would not be
able to have provided these products without such limitations.
If your financial adviser has arranged for you to have access to the Risk Profiling System, you agree and acknowledge that you will discuss your risk
profile report with your financial adviser and should you consider that the report is inaccurate, you will draw this to your financial adviser's attention.
You release and indemnify us, our directors, officers, employees, contractors and agents ("Those Indemnified") from and against all loss,
actions, proceedings, claims, demands, costs, expenses (including legal fees) and damages which may be incurred or suffered by or instituted against any of
Those Indemnified arising from your failure to comply with these Terms and Conditions or relating or arising in any way out of any services or advice
alleged to have been rendered or not rendered by or on behalf of your financial advisor to you.
These Terms and Conditions must be read in conjunction with the Privacy Statement for clients of financial advisers or members of the public using the Risk
Profiling System. Please click here to see the Privacy Statement: http://www.finametrica.com/privacy/client.aspx
You must take your own precautions to ensure that the process by which you access this Website does not expose you to the risk of computer based viruses,
malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility
for any interference or damage to your own computer system or any computer belonging to a third party that arises in connection with your use of this
You acknowledge that we offer no warranty in relation to the availability of the Website. We are not responsible for any system or technological failure
that may impede or prevent access to all or any part of the Website.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant
and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own
risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
You acknowledge that these Terms and Conditions are a complete statement of the agreement between you and FinaMetrica, and that there are no other prior or
contemporaneous understandings, promises, representations, or descriptions regarding the Risk Profiling System or any related services.
The representatives of the FinaMetrica are not authorized to make modifications to these Terms and Conditions, or to make any additional representations,
commitments, or warranties binding on the FinaMetrica, other than in writing signed by an officer of the FinaMetrica. Accordingly, such additional
statements are not binding on the FinaMetrica and you should not rely upon such statements.
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived
on any other occasion.
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, such invalidity or unenforceability will not affect
the remainder of the agreement which will continue in full force and effect.
These Terms and Conditions are governed by and interpreted in accordance with the laws of New South Wales, Australia. This Agreement is deemed entered into
in New South Wales, Australia, and shall be construed as to its fair meaning and not strictly for or against either party. You agree that the proper forum
for claims under this Agreement will be the courts of New South Wales, Australia, and you agree to submit to the jurisdiction of these courts.
You may not assign your rights or novate your obligations under these Terms and Conditions without our written consent. We may assign our rights or novate
our obligations under these Terms and Conditions at any time, without notice.
How to Contact Us
Notices and questions concerning the Website or your use of the FinaMetrica Risk Profiling System, or any aspect of these Terms and Conditions including
the Privacy Statement may be directed to FinaMetrica Pty Ltd at Suite 703, Level 7, 31 Market Street Sydney, NSW 2000, Australia, or by emailing us at email@example.com.