Terms and Conditions of Use
Fiducian Online for Advisers
Fiducian Online (Service), is an online service offered by Fiducian Services Pty Limited ABN 41 602 437 892 to approved financial advisers using the various Fiducian products and services on the Fiducian Platform on behalf of their clients.
Access to the Service is available to you by registering online using your Fiducian Platform Adviser ID and your contact details. Once registered you may also register new staff users or grant existing staff users access to your account for the purposes of providing services to your clients.
These conditions of use apply to all users of the Service. You will be advised when any changes are made. You are responsible to ensure that your nominated Users understand these conditions and any changes which are made. Continued use of the Service by you or a nominated User after a change has been notified to you will constitute your acceptance of the amended conditions of use.
A reference to Fiducian, we, us and our means Fiducian Services Pty Limited ABN 41 602 437 892, Fiducian Portfolio Services Limited ABN 13 073 845 931 Trustee of the Fiducian Superannuation Service, and Fiducian Investment Management Services Limited ABN 28 602 441 814 Operator of the Fiducian Investment Service. A reference to nominated User means each of your staff members you have registered or granted access to the Service.
1. Application of Conditions of Use
These specific conditions, the website general terms and conditions, the disclaimers at specific parts of the Service, and the Fiducian Group Privacy Policy (conditions of use) apply to the use of the Service.
You accept these conditions of use and agree that you and your nominated Users will comply with them when you register for access to the Service. Your use and use by your nominated Users of the Service is confirmation of your continuing agreement to comply with your obligations under the conditions of use current at the time.
2. Access and Security
Your Username and Password set up when registering is used for access to Fiducian Online. Access will be given to any person who uses your Username and Password. Any action by that person will be taken to be by you.
You have sole responsibility for the security of Usernames and Passwords belonging to you and your nominated Users and you must:
- ensure Usernames and Passwords are kept confidential to the person to whom they are issued and not disclosed to any other person,
- ensure each person stores their Username and Password stored separately at all times and in a secure place,
- regularly change your Password and ensure your nominated Users do the same to maintain confidentiality, and
- tell us immediately if the Password issued to you or any nominated User is lost or you think someone else has knowledge of your Username or Password by telephoning Client Services on 1800 653 263 or email info@fiducian.com.au.
Fiducian reserves the right to cancel access or suspend access to the Service at any time without notice.
3. Information
The information and investment details provided by the Service:
- are for information purposes only. The Service is not a substitute for client statements which clients will continue to receive from Fiducian;
- are provided from sources believed by Fiducian to be reliable, accurate and complete at the time of providing it (but see clauses 4 and 5); and
- are provided without warranties of any kind either express or implied to the extent permitted by law.
4. Accuracy and Timing
The information on the Service is provided "as is". It is provided by Fiducian in good faith from our records generally as at the close of business on the previous day, excluding any transaction requests not yet processed. There may be circumstances outside of our control (eg employer contribution delays) which mean that client account balances or transaction information may not be accurate. Unit prices are the latest available to Fiducian and are generally the end of day prices for the dates shown.
5. Information Under Your Control
For reporting purposes on the Service, Fiducian intends to provide a facility to enable details to be recorded of clients' investments held outside of the Fiducian system (external investments). You acknowledge that you have sole responsibility for the accuracy and completeness of any information recorded on the Service about external investments of your clients' and those of a nominated User's clients. Clause 6 extends to any liability which may arise in relation to external investments.
6. Release and Indemnity
You release, discharge and indemnify Fiducian and the companies within the Fiducian Group from and against all liabilities that are suffered by you or your clients or your nominated Users or their clients in respect of the use of the Service. This indemnity is a continuing obligation independent of these conditions of use.
7. Privacy
You are responsible for maintaining the confidentiality of your clients' details and details of your nominated Users' clients. You acknowledge that you are bound by the National Privacy Principles (NPPs) and have implemented policies and procedures to ensure continuing compliance with the NPPs. You acknowledge the risk inherent in transborder data flows.
8. Systems
You are responsible for all hardware and software that you or your nominated Users use to access the Service. You must maintain the quality, efficiency, integrity and security of the systems you and your nominated Users use in connection with the Service.
9. Varying conditions of use
Fiducian may vary the conditions of use at any time, which may include the introduction of new terms and conditions. We will give you 30 days notice of any change that has a material adverse effect on the use of the Service.
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