Terms and Conditions
XY Adviser provides an on-demand training service that allows members to access training courses at any time they want, streamed over the internet.
- Membership is required to access the content of the XY Adviser website.
- Payment is required for courses upon enrollment.
- Our current Membership descriptions, entitlements and pricing will always be stated on our website
- All applications for Membership must be made by filling out the form on our Website. This will create a membership account for you.
- All information you provide during the application process must be accurate and complete, and it is your responsibility to keep your details up to date.
- We will only process completed applications, and reserve the right to reject an application for any reason.
- We will send you a confirmation email on payment of the applicable Membership Fee. Your Membership is deemed accepted on the day you receive the email.
- XY Adviser does not take any responsibility or liability whatsoever for disputes between Members.
- There are sections of our Website that are accessible to logged in Members and website visitors. These sections may include message boards, forums, directory listings and the ability to direct message other Members. By being a Premium Member you give authority for some or all of your profile data to be made public. When accessing those sections, you must not:
– harass, abuse or harm other Members;
– send spam or other unwelcomed communication to other Members
– act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
– infringe the intellectual property rights of others, including those of XY Adviser, Members or third parties.
- Should you attend a XY Adviser Event, you must abide by our Event Terms which are available on our Website. Without limiting the Event Terms, you acknowledge that XY Adviser films and photographs every event. You consent to being filmed or photographed by XY Adviser (or its representatives) and to XY Adviser using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use.
- We may revoke your Membership for any reason, including for breach of these Terms or for bringing XY Adviser into disrepute.
- You will be able to view a short introduction into each training course, so you are able to decide if you would like to proceed with a particular training session.
- Membership is required to enrol in a course.
- You will have access to a course once it has been paid for, for the period of time that the course remains on the site.
- Occasionally, content may be removed from the site, if this happens we will give you 30 days notice to ensure that you are able to complete the course. If a course is removed, you will not be entitled to receive a refund for that course.
- Membership pricing is subject to change and you will be notified at least 10 business days in advance of the change
- Foundation members will receive a discount for the life of their membership
- Your Membership will be automatically renewed on the anniversary of the date you joined XY Adviser (Anniversary) unless you wish to terminate your membership subscription. If you pay month by month, then after your first 12 month term has passed, your membership subscription will continue month by month until such time you wish to terminate.
- Should you wish to cancel your membership plan, you will need to notify us 10 business days in advance of the next renewal date
- The prices of courses on XY Adviser are in agreement with our course instructors.
- We may run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time.
- The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout).
- Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions may be available to new users only.
- You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card for those fees.
- When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
- In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website. Credits may expire if not used within the specified period and have no cash value.
- You can cancel your membership at any time. If you do cancel your membership your access to any course content you have enrolled in will be revoked.
- To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits or any partial-month membership. If you cancel your membership you will still be able to access the site however you will not be able to access any new courses.
- If you breach any of XY Advisers Terms and Conditions and your membership is terminated, any payments that have been made up to the date of termination will be non-refundable and we will not provide refunds or credits.
- We may change our service plans and the price of our service from time to time, however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.
- If you do not wish to continue using XY Adviser after receiving notice, XY Adviser reserves the right to waive your ongoing access of content previously purchased.
Continuing Professional Development (CPD)
- XY Adviser may arrange CPD points for the training courses provided.
- Any points applicable will be clearly presented to members prior to enrollment in a course.
- CPD points are not guaranteed to be made available for all content.
- XY Adviser is not liable for the impact of any changes to regulations or legislation related to the CPD framework. We are also dependent on 3rd parties for the provision of these points and take no responsibility for any impact resulting from changes to the 3rd party provider of services including cancellation of CPD points or in the event the points expire or become invalidated.
General Terms and Conditions
- At XY Adviser we want our customers to be completely satisfied with the service we provide and their experience on our website.
- As a valued user of XY Adviser, your access to, your use of, any linking to the site, your use of software, downloading of software, from the site, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the site. Your access to the site constitutes your agreement to be bound by the Terms and Conditions.
- XY Adviser reserves the right to amend the general conditions at any time and you should periodically refer to them on this page and elsewhere on the site.
Laws and Regulations
- Your access to, and use of, the website and services is subject to all applicable federal, state and local laws and regulations.
- XY Adviser reserves the right to seek all remedies available at law and in equity for violations of these rules and regulations, including the right to block access from a particular internet address or website service.
Warranties and Disclaimers
- XY Adviser service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all claims for special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to.
- While care and diligence have been used to maintain the information on the website, it may not be accurate, current or complete in all respects. Consequently, XY Adviser does not make any representations or warranties as to the accuracy, currency or completeness of the information.
- At XY Adviser, we endeavour to do our best to ensure that all information on our site is accurate and up to date. We acknowledge that there may be some errors or mis-descriptions, if you become aware of such, please notify us immediately and do not rely on the error or mis-description
- XY Adviser is not responsible for the accuracy or reliability of any opinion, advice or statement made through an online service by any other party.
- The information provided on the website is not intended to constitute legal, business or other professional advice. It is provided as general information only and is not intended as a substitute for advice from a qualified professional such as an accountant, financial adviser or solicitor who is familiar with the facts of your particular circumstances.
- XY Adviser is not responsible to you or anyone else for any loss suffered in connection with the use of the website or any of its content.
- It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through our site.
- XY Adviser excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the website, its content or the information on it, including links to other websites.
- Where liability cannot be excluded, any liability incurred by us, in relation to the use of the website or its content, is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, XY Adviser will not be liable for any direct, consequential, incidental, indirect or special loss.
- The information, software, products and descriptions of services provided or displayed as part of the website and services or a linked site may include inaccuracies or typographical errors and XY Adviser specifically disclaims any liability for such inaccuracies or errors.
- You agree that XY Adviser, its affiliates and any of their respective officers, directors, employees or agents will not be liable, whether in contract, tort, strict liability, for any direct, indirect, aggravated, special, consequential, incidental damages (including and without limitation; lost profits, costs of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site and services or a linked site, or with the delay, or inability to use the website.
- XY Adviser is not responsible for the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, operator errors, strikes, or other labour problems.
- XY Adviser cannot and does not guarantee continuous, uninterrupted, or secure access to the online sites and services.
- You agree that XY Adviser is a mere agent for the providers of third party services available through the site.
- Any and all claims regarding any failure or breach with regard to the third party services offered through the website are limited to those service providers.
- XY Adviser hereby disclaims any liability in connection with goods or services provided by a carrier or other supplier through the website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise of such carrier or supplier and you hereby exonerate XY Adviser from any liability with respect to the same.
- Users of this website are granted a non-exclusive, non-assignable and non-transferrable licence to use the website only in accordance with the general conditions. Nothing in these general conditions of the website and its contents will give users ownership of the content.
- Users may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, disseminate, post, communicate or use the content except as:
- Expressly authorised either on the website or in the general conditions;
- Permitted under the Copyright Act, including for any fair dealing purposes such as private study, research, criticism or review; or
- Authorised in writing by XY Adviser
- XY Adviser owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the XY Adviser website.
- All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the website are owned exclusively by XY Adviser, its related body corporate or others who have licensed their material to XY Adviser (unless expressly indicated otherwise).
- XY Adviser and Specialist Accreditation logos are registered trade marks of XY Adviser and may only be reproduced with the written consent of XY Adviser. A number of logos appearing on the website are registered trade marks owned by third parties and have been reproduced on this website with the agreement of those third parties.
- XY Adviser reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of this website and are not explicitly licensed.
- If a user has been found to have breached the above conditions they will have their membership terminated immediately, and may face prosecution.
- The website may provide or facilitate links to other sites by allowing the user to leave the online service to access third-party material or by bringing the third-party material into an online service via hyperlinks.
- XY Adviser has no discretion to alter, update or control the content on a linked site. The fact that XY Adviser has provided a link to a site, is not an endorsement, authorisation, sponsorship, or affiliation with respect to such site, its owners, or providers.
- There are inherent risks in relying upon, using, or retrieving any information found on the internet, XY Adviser urges you to make sure you understand these risks before relying upon or retrieving any such information on a linked site.
- XY Adviser accepts no responsibility for loss, direct or indirect from a link or a site associated with the link.
- All press releases and other materials presented or released are, to the best of XY Advisers knowledge, timely, and accurate when issued. However, the passage of time can render information stale and you should not rely on their continued accuracy.
- All users should carefully check the dates of issue of the material.
Safe Community Terms
- XY Adviser is a growing community of individuals who share the same passion for financial education. We want our users to be able to interact with one another and share their knowledge.
- XY Adviser is under no obligation to review any messages, information or content (postings) posted on the website by users, and assumes no responsibility or liability relating to any such postings.
- Notwithstanding the above, we may from time to time monitor the postings on the website and may decline to accept and or remove any postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state national or international law.
- We want our users to feel safe and respected when interacting with one another so any disrespectful conduct will not be tolerated and may lead to termination of your membership.
Please refer to the member guidelines in the group.
User Obligations – Passwords
- Access to and use of password protected and/or secure areas of the website is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the online sites and services may be subject to prosecution.
- It is your obligation to keep your password and confidential information secure. If your username or password is lost, or stolen or if you believe there has been unauthorised access to your account by third parties, it is your responsibility to notify XY Adviser and change your password as soon as possible.
- You are prohibited from sharing your login details with anyone else. If you do so XY Adviser will be able to terminate your membership and have the right to block your access to the site. You will not be able to recover the training courses you have paid for and will not be entitled to receive any refunds.