Terms of Use

Welcome to SWAM (SWA Mobile App)

SWAM is an online service that compliments your use of SWA Financial Planning services allows you to obtain a consolidated view of your portfolio in a convenient way. The Service consolidates and tracks your financial information on servers controlled by SWA.

The Service is provided to you by SWA without charge (it is free) and is meant as an aid to assist you in obtaining a convenient summary of your investment portfolio. It is not intended to provide legal, tax or financial advice.

The Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Service. SWA reserves the right to change these terms at any time, effective upon the posting of modified terms, and SWA will make every effort to communicate these changes to You via email or other notification. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By accessing or using SWAM, You agree to be bound by these Terms and by our Privacy Policy, whether or not You are a registered user of our Service. These Terms apply to all visitors, registered users, subscribers and others who access the Service.

DEFINITIONS

• “Agreement” means these Terms of Service.
• “Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
• “Data” means any data inputted by You or with Your authority into the Website, or data acquired via your authorisation (including your transaction information).
• “Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
• “Service” means the services described and provided by the  https://getswam.com.au Website, whether accessed directly, or through third party applications.
• “Website” means the Internet site at the domain  https://getswam.com.au or any other site operated by SWA.
• “User” means the registered user for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use this Service.
• “You” means the Ordinary User and / or Subscriber, where the context permits. “Your” has a corresponding meaning.

PRIVACY AND YOUR INFORMATION

For information about SWA’s data protection practices, please read SWA's Privacy Policy, which details our protection of your private and personal information when you access https://getswam.com.au and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

ACCOUNT INFORMATION FROM THIRD PARTY SITES

Within the Service, You may direct SWAM to receive your own information maintained online by third-party financial institutions which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”), or contained in your email, or via other methods (for example, uploading documentation). SWAM works with one or more online financial service to access this Account Information. The protection of your information is subject to strict security and privacy practices, as detailed in the SWA Privacy Policy. Unless part of SWA ongoing service, SWAM makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. SWAM is not responsible for the products and services offered by or on third-party sites.

SWAM cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. SWAM does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

For example, when using the Service, Account Information via third party services is only as fresh as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, SWAM cannot assume any responsibility, nor bear any indemnity in respect of information used for the Service that is in any way untimely or out of date. Note, you can minimise the risk of untimely data by refreshing your Account Information through the Service, according to instructions detailed via the Service.

THIRD-PARTY LINKS AND OFFERS

All third party products and/or services including names, services, company names and logos mentioned on the Website are trademarks of their respective owners, which are in no way associated or affiliated with SWAM (other than disclosed to you as part of your ongoing SWA services). These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SWA.

You use the recommendations within SWAM at your own risk and should consult your financial adviser for personal advice prior to entering into any products recommended.

YOUR REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other information you provide at signup form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify SWA immediately via  support@swafpapp.com.au.

YOUR USE OF THE SERVICE

Your right to access and use SWAM and the Service is personal to you and is not transferable by you to any other person or entity. You must access and use SWAM, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.

Accurate records enable SWA to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of SWAM may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SWAM or other actions that we elect to take.

You also agree that SWAM may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant SWAM a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to SWAM in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

SWAM reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.

You acknowledge that SWAM may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF SWAM WITH OTHER DEVICES

Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. TO THE EXTENT PERMITTED BY LAW, SWAM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

ONLINE, EMAIL AND MOBILE ALERTS

SWAM may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your SWAM account, such as a change in your Registration Information.

These alerts provide you with alert messages for your accounts. SWAM may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your user settings.

Electronic alerts will be sent to the email address you have provided as your primary email address for SWAM. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.

Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your SWAM Login ID and transaction and other information about your accounts, depending upon which alerts you select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to SWAM through the Service, you are licensing that content to SWAM solely for the purpose of providing the Service. SWAM may use and store the content, but only to provide the Service to you. By submitting this content to SWAM, you represent that you are entitled to submit it to SWAM for use for this purpose, without any obligation by SWAM to pay any fees or other limitations.

By using the Service, you expressly authorise SWAM to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified.

SWAM will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit SWAM to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant SWAM a limited power of attorney, and appoint SWAM as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SWAM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SWAM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Website, the Service and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to SWAM or its licensors or affiliates.

SWAM retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.

You may [download] and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of SWAM belong or are licensed to SWAM or its software or content suppliers. SWAM grants you the right to view and use  https://getswam.com.au subject to these terms. You may download or print a copy of information provided on  https://getswam.com.au for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from SWAM in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE INTERFACE

You agree that you will not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor SWAM or any portion of SWAM or the Service, without SWAM’s express written consent, which may be withheld in SWAM’s sole discretion;
• Interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• Collect or store personal data about other users of the Website;
• Impersonate or falsely represent your association with any person or organisation;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SWAM, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;
• Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
• Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of SWAM or the Service; or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of SWAM or the Service.

Furthermore, SWAM does not warrant that functions contained in the Website and Service, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that SWAM or our hosting server, are free of viruses or bugs.

USAGE LIMITATIONS

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against SWAM’s programming interface. Any such limitations will be specified within the Service.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall SWAM, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, SWAM limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

You specifically acknowledge that SWAM shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by SWAM from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SWAM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Service.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SWAM without restriction.

GENERAL

You agree that: (i) These Terms and Conditions are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive  jurisdiction of the courts of the State of New South Wales; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over SWAM, either specific or general, in jurisdictions other than New South Wales, Australia. These Terms, together with the Privacy Policy and any other legal notices published by SWAM on the Service shall constitute the entire agreement between you and SWAM concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms shall be deemed a further or continuing waiver of such term or any other term, and SWAM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between SWAM and you in relation to the Website and the Service and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

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