Terms and Conditions
TAL Adviser Centre Terms and Conditions of Use
October 2025
TAL Life Limited
(ABN 70 050 109 450)
TAL Adviser Centre
Terms and Conditions of Use
Overview
The content on the TAL Adviser Centre (‘TAC’) is made available by TAL Life Limited (ABN 70 050 109 450) and its associated companies (referred to in these terms and conditions as ‘TAL’, ’we’ and ‘us’). These terms and conditions apply to your use of the TAC. Your use of the TAC constitutes acceptance by you of these terms and conditions.Terms and Conditions
General
1. The following Terms and Conditions ('Terms') apply to your use and continued use of the TAC. By accessing, viewing, or using the TAC in any way, you acknowledge and agree with TAL to comply with these Terms.
2. TAL provides access to the TAC to financial advisers and their support staff only.
3. You must not use the TAC unless:
(a) you are a licenced financial adviser; or
(b) you are employed by, or are a representative (within the meaning of the Corporations Act 2001 (C’th)) of the holder of an Australian financial services licence (‘AFSL’);
and either you (if (a) applies) or your AFSL holder (if (b) applies) are parties to a current Distribution Agreement with us.
4. You are permitted to access the TAC in accordance with any instructions, terms or directions posted on the TAC from time to time for the purposes of:
(a) facilitating a transaction on behalf of your client(s) in relation to ‘Financial Products’ (as defined under the Corporations Act 2001 (C’th)) offered by us via the functionality provided on the TAC subject to the relevant disclosure document (‘Disclosure Document’); and
(b)collecting, viewing, using and storing data and information regarding your client(s), in accordance with the Corporations Act 2001 (Cth), the Privacy Act or any other laws; and
(c) for you to access the content.
5. You agree to use TAC only in accordance with these terms and conditions and your other legal obligations.
6.You agree that where we are required by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided via the TAC.
7.You agree that you have entered into these Terms:
(a) in reliance on your own independent legal, tax and other advice;
(b) in reliance on your own judgment, evaluation and inspection of the Terms and the TAC; and
(c) not in reliance on any statements, warranties or representations made to you by TAL in relation to the TAC or these Terms.
8. You acknowledge and agree that you have had the opportunity to:
(a) examine these Terms;
(b) seek independent legal advice and guidance as considered necessary; and
(c) make inquiries of TAL and its representatives, prior to you agreeing to use the TAC in accordance with these Terms.
9. You consent to information, notifications and updates about the TAC or your use of the TAC being sent to the electronic mail address that you provide in respect of your TAC account. While you are a registered TAC user you will not be able to unsubscribe from these updates.
10. You acknowledge and agree that you are capable of evaluating the merits and risks associated with the use of the TAC and the relevant support services provided by TAL in relation to the TAC.
11. You agree that, on any reasonable request by TAL, you will provide information about the specific user that entered, deleted and/or altered information stored in the TAC e.g. in response to a request by a law enforcement body and/or Government agency.Registration and log in
12. By accessing the TAC, you acknowledge and agree to comply with TAL’s cyber security measures and safeguards, including the use of strong passwords and multi-factor authentication.
13. The activation process for the TAC requires you to enter your provided user ID and password or temporary password (the ‘UID,’), in addition to any authentication protocols required by TAL. You have the option to reset your password at any time where you will be sent a onetime reset password link to your registered email address.
14. You must keep your UID confidential and secure against any improper or unauthorised use. You take full responsibility to implement all reasonable controls to ensure your UID is kept confidential, and your UID must not be shared under any circumstances.
15. You are responsible for any action, omission or instruction carried out in conjunction with your UID and authorise us to act on any instructions that we receive in conjunction with your UID.
16. You accept full responsibility and indemnify TAL for any expenses, loss, damage, costs, demands or liabilities arising out of or in connection with the use, including without limitation any improper or unauthorised use, of your UID, except where you have previously notified us in accordance with these Terms that the security of your UID has been breached or compromised.
17. If you become aware or suspect that:
(a) your UID (or any part of them) have been lost, stolen or misused;
(b) any person has obtained knowledge of your UID;
(c) any person is accessing the TAC without your authorisation; or
(d) the security of your User Identification has otherwise been compromised, you must:
notify us immediately by telephoning the TAL Adviser Service Centre on 1300 286 937 (or any other number that we advise from time to time); and change your password and security questions and answers immediately.
18.We may restrict, suspend, alter, log you off, or terminate your access to the TAC or any service available in the TAC at any time without cause and without notice to you. You should therefore keep duplicate records of all data and information entered into TAC.
Client information and data
19. Prior to disclosing any personal and/or sensitive information about any of your clients or clients of your dealer group, you agree you have obtained all relevant consents before loading the information onto the TAC. Should you opt to share your UID with any other person you agree to ensure that you have notified all relevant clients that their information is available to other persons within your dealer group. Furthermore, you agree that you have also obtained all relevant consents for both the initial and ongoing access and disclosure of information about such clients.
20. You agree that the information input onto the TAC is complete, accurate and up to date. This applies to information input by your financial advisers, other employees and representatives. Adverse impacts can occur if the information input onto TAC is inaccurate, incomplete and/or out of date. Contact details of clients input on the TAC are used for ongoing communications to clients which is why it is imperative that these are correct and continually updated. Similarly, the accuracy of the information on an insurance application form, including health and financial information is generally used when assessing underwriting and claims and it is imperative it is correct and complete noting the duty to take reasonable care not to make a misrepresentation under the Insurance Contracts Act (1984).
Information Security Incidents and vulnerabilities
21. You agree to comply with the Information Security Obligations set out in Part A of these Terms.
No disclosure, sale or monetising TAL Data
22. You agree to comply with the following obligations under this clause, which are also set out in Part A along with the definition of TAL Data. You must:
(a) only use TAL Data, for the purpose of:
i. using the TAC;
ii. using the relevant support services provided by TAL in relation to the TAC;
iii. servicing your clients; or
iv. to meet an obligation under the law.
(b) not use TAL Data for any other purpose than that permitted under these Terms, and must not sell, disclose, modify, vary, licence or in any way monetise TAL Data to any third parties.
Intellectual property rights
23. All material available through the TAC, other than your client’s data and/or information you input into TAC, is owned by or licensed to TAL and is protected by intellectual property rights. You agree not to access, download or otherwise use any material on the TAC in any way not expressly authorised by us. You accept full responsibility and indemnify us for any expense, loss or liability that we incur as a result of any use by you of the material on the TAC that is not expressly authorised by us. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the TAC.
24. You acknowledge and agree that TAL owns all rights in the content on the TAC (including the intellectual property and moral rights) other than client information.
25. You agree that other than as provided in this clause, nothing in these Terms or any content provided by us to you or accessed by you through the TAC transfers ownership in, or otherwise grants any rights in, any intellectual property or moral rights to you.
Copyright
26. Copyright in the TAC, including any downloadable content and any document created from the website (‘Materials’) is owned by TAL. The Materials (or any part thereof) may not be reproduced, communicated or used in any way without the prior written permission of TAL, unless expressly permitted under these Terms or under the Copyright Act 1968 (Cth).
Your licence obligations
27. No representation is given that TAC suffices for the purposes of any of your legal or regulatory obligations, including your obligations as the holder of an AFSL or as a representative of an AFSL holder. It is your obligation to ensure you meet all your obligations including those arising as the holder of an AFSL or as a representative of the holder of an AFSL.
Deletion of Information
28. If you elect to delete, amend or archive any information from TAC, you agree to accept full responsibility for such deletion, amendment or archiving. In confirming your deletion, amendment or archiving of any information on TAC you agree that you have considered all of your obligations to your client under the Corporations Act 2001 (Cth) and the Privacy Act 1988 (Cth), and any other obligations you have as a holder of an AFSL or as a representative of an AFSL holder (as applicable).
Links to third party information and websites
29. Links from the TAC to pages on any other website are provided for your convenience only and do not constitute a recommendation or endorsement by TAL of the content of those pages. Use of these links is at your own risk. TAL does not control and is not responsible for any information or material found on those linked pages, nor the timeliness or completeness of any information or material found on those linked pages. TAL does not control and is not responsible for any website of which they form a part and TAL does not endorse any views or recommendations of third parties included or referred to in any of the information on the TAC.
30. You are not authorised to establish a link to the TAC or use a TAL owned logo or trademark without our prior express written permission.
31. TAL accepts no responsibility for the accuracy, reliability, currency or completeness, and we do not endorse, any material on the TAC that has been provided by third parties. Except to the extent that any liability under any law cannot be excluded, liability for this material is excluded by this clause.
32. We exclude all liability for loss or damage of any description arising in any way from information, services or products provided to you by third parties whose content you access through the TAC or after leaving the TAC.
Viruses/Malicious Attacks/Software
33. TAL cannot ensure against malicious attacks on the TAC website. It is your responsibility to ensure that any downloads made from the TAC and emails received in your system are scanned for viruses. TAL does not guarantee that the TAC website or the information contained in it will be free from unauthorised access, or that access to the TAC will be uninterrupted. TAL will not be liable for any loss, damage, claim or expense arising from unauthorised access to the TAC website or the information (including client records) contained in it.
34. We do not warrant that the TAC website, or its contents, or any third party websites that the TAC links to, will be free from viruses.
35. TAL also assumes no responsibility and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any material, data, text, images, video or audio from this website.
36. You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various agencies of the Australian Government pursuant to Australian export control laws and regulations. You hereby agree that you will not transfer or export such software from Australia (including, for example, providing such software to any foreign person or entity in the Australia) or re- export such software outside Australia in violation of Australian export laws and regulations. TAL does not authorise the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by Australian export controls laws and regulations.
Collection of information
37. We may gather, process and use:
(a) information which you submit or otherwise provide when using the TAC, including your (or your client’s) name, physical address, telephone number, e-mail address and any other details about any person you provide; and
(b) information regarding the manner in which you use the TAC, including, without limitation, all information gathered as a result of the use of "cookies". "Cookies" operate as tracing devices which are stored on your hard drive and identify you when you return to the TAC.
38. You agree:
(a) that we may handle your personal information and that of your client(s) in accordance with our privacy policy (refer to https://www.tal.com.au/privacy-policy) as amended from time to time; and
(b) to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information.
39. You understand and agree that all information or material entered into or found on TAC will be stored on a server belonging to or controlled by TAL and located in Australia; and you further agree that you will inform and obtain your clients’ consent as to this.
40. You must not upload, enter or store any personal information (as defined in the Privacy Act) or confidential information of your clients on the TAC unless you have all permissions, consents and authorities required by law or contract to do so. You indemnify TAL against all cost, expenses, liabilities and claims arising from a breach by you of your obligations under this clause.
Online Transactions for Financial Products
41. If you use the TAC to facilitate an application for the issue of a Financial Product you warrant and represent that you either hold an AFSL or are a representative (within the meaning of the Corporations Act 2001 (C'th)) of a holder of an AFSL who is permitted to access the online transaction process, with the necessary authorisations to allow you to:
(a) facilitate an application by your client(s);
(b) access the content; and
(c) perform any other transaction or function that you perform.
42. You agree to make that application strictly in accordance with TAL’s acquisition rules posted on the TAC from time to time.
43. You agree:
(a) to provide your client(s) with the relevant Disclosure Documents in their complete and unaltered form prior to submitting the application on their behalf;
(b) to comply with any request by us to provide your client(s) with paper copies of any Disclosure Document that has been provided to them electronically;
(c) that the information contained in an application for a Financial Product submitted is a true and accurate record of the information provided in the application form signed by your client(s) and verbal and other representations given to you by your client; and
(d) warrant that prior to the lodgement of an application that, you have the appropriate written signed authority from your client(s) to proceed with the relevant application.
44. You acknowledge that the terms and conditions relating to the issue of the Financial Product are contained in the Disclosure Documents for that Financial Product and are not governed by these Terms.
45. By sending any information to TAL or completing an application for a client via the TAC you agree to indemnify TAL and all of its employees, officers and agents against any loss or damage suffered by any person as a result of any use of, or reliance on that information or your breach of these Terms.
Record keeping requirements
46. TAL makes no warranty that it will keep information submitted on TAC for any period of time. It is your responsibility to meet any record keeping and retention obligations you may have under your arrangements with your AFSL holder (or as an AFSL holder). TAL reserves the right to change, modify or cease operating TAC, or any part of TAC, or any functionality of the website at any time.
Disclaimers
47. Use of the TAC is at your own risk.
48. TAL will use all reasonable endeavours to provide access to the TAC at all reasonable times. However, subject to law, TAL does not give any guarantee, warranty or representation in relation to the availability or accessibility of the TAC or any of the services available in the TAC or that they will be uninterrupted or error-free.
49. TAL makes no warranty that the use or operation of the TAC or any aspect of the TAC, or any of the services available on the TAC or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law. Nor do we warrant the accuracy or completeness of the information on the TAC or accept any responsibility or liability arising in any way (including by reason of negligence) for errors in, or omissions from the information on the TAC.
50. TAL does not make or endorse any views or recommendations included or referred to in any of the information found on TAC which is not specifically stated as being made or issued by TAL (such as a Disclosure Document).
51. TAL makes no warranty that the use or operation of TAC or any aspect of TAC, or any of the services available on TAC or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law. Nor do we warrant the accuracy or completeness of the information on TAC or accept any responsibility or liability arising in any way (including by reason of negligence) for errors in, or omissions from the information on TAC.
52. You agree that, in providing access to TAC, TAL is in no way subsuming any responsibility for any of your obligations (legal or otherwise) to your clients.
53. You must not use the TAC or its contents for any unlawful purpose. You irrevocably agree to indemnify and to keep us forever indemnified from and against any and all liabilities, losses, damages, costs and expenses (including legal costs) in relation to and arising from all claims, actions, suits, demands and proceedings made or brought against us by you or as a result of any breach by you of these Terms.54. To the fullest extent permitted by law, we, our officers, employees, contractors and agents exclude all liability whether arising in tort, contract or otherwise for any loss, damage or injury (whether of a direct, indirect, special, exemplary, or consequential nature) arising or resulting in any way out of your access and/or use of the TAC and its contents.
Representations
55. You confirm that:
(a) you have obtained the information/data that you download or enter onto TAC from your client and/or their authorised representative;
(b) the information/data that you download or enter onto TAC from your client and/or their authorised representative is complete and accurate;
(c) you have obtained consent from your client prior to collecting any and all sensitive information such as health and financial information;
(d) you have notified your client and/or obtained the consent of your client that the information relating to them will be disclosed to TAL and held on TAL’s systems;
(e) you have complied with all relevant privacy laws regarding the collection, use and disclosure of the information provided on TAC including consent from the client prior to collecting sensitive information such as health and financial information;
(f) you agree to comply with our privacy policy (refer to https://www.tal.com.au/privacy-policy) as amended from time to time; and all applicable legislation in relation to the provision of and security of information including obligations under the Privacy Act 1988 (C'th); and
(g) you take all responsibility at all times regarding the record retention obligations for client information including any AFSL holder obligations to hold, secure and retrieve client records if required by regulators such as ASIC and other government agencies and/or law enforcement bodies; and
(h) you agree to only use information that you obtain by using TAC for lawful purposes.
Survival
56. Your obligations under these Terms survive termination or cessation of access to the TAC. This includes, but is not limited to all disclaimers and limitations of TAL’s liability to you or your client.
Enforceability
57. Any part of these Terms that is or becomes invalid, illegal or unenforceable for any reason shall be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions of these Terms.
Terms and Conditions
58. You agree that we may amend these Terms at any time by posting or updating the amended terms and conditions on this website. Your use of TAC constitutes your acceptance of these Terms, as amended by us from time to time.
Governing law and jurisdiction
59. The law applicable to the use of this website and to these Terms is the law of New South Wales, Australia. By using this website you submit to the exclusive jurisdiction of the courts of New South Wales in relation to any matter arising under these Terms or in relation to this website.
Miscellaneous
60. You remain responsible for any conduct in contravention of the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth), the Privacy Act 1998 (Cth), the Spam Act 2003 (Cth) or any other law as may be in force from time to time which regulates your use of the TAC.
61. The rights, powers and remedies provided in these Terms are in addition to those provided by law independently of these Terms and each right, power and remedy provided in these Terms (including any right of indemnity) is additional to and not exclusive of every other right, power or remedy provided in these Terms.
62. We may novate, assign or subcontract any of our rights or obligations to a related body corporate without your prior consent.
63. Neither party is liable for any breach of its obligations under these Terms or any subsequent agreement if the breach resulted from a force majeure event. The obligations of a party (other than the obligation to pay money) are suspended during the time and to the extent that the party is prevented from complying with them by force majeure.
64. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
65. Each obligation and warranty which is capable of having future operation continues in force although any Terms, agreement or engagement has otherwise been fully performed.
66. Each party must promptly at its own cost do all things (including executing and if necessary, delivering all documents) necessary or desirable to give full effect to these Terms.
67. Your obligations under these Terms survive termination or cessation of access to the TAC. This includes but is not limited to all disclaimers and limitations of TAL’s liability to you.
68. During your use of the TAC and for a period of one year afterwards TAL may, at its expense, carry out an inspection and audit to determine whether you have properly complied with your obligations under these Terms.
Part A: Information Security Obligations
The capitalised terms in Part A have the meanings in the below dictionary.
Dictionary
Data Breach Incident means any unauthorised access, disclosure, interference (including hacking), misuse or loss of TAL Data.
Information Security Incident means a Data Breach Incident and/or a Security Incident.
Related Body Corporate has the same meaning as in the Corporations Act.
Security Incident means an occurrence that actually or potentially jeopardizes the confidentiality or integrity, or availability of an information system or the information the system processes, stores, or transmits, attempted hacking by a third party, or an occurrence that may constitute a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies, which may or may not result in a Data Breach Incident.
Services means that from time to time you or your representatives under your AFSL will distribute TAL Products to your or your representative’s clients.
TAL Data means all data, material, documents and information (including Confidential Information and Personal Information) relating to TAL or any of TAL’s Related Bodies Corporate and their respective operations, facilities, clients, personnel, assets, TAL Products, sales and transactions in whatever form such information may exist and whether entered into, stored in, generated by, used, developed or processed as part of the Services. TAL data also includes data or information obtained from the TAC, or any data or information that TAL provides for the purpose of using the relevant support services provided by TAL in relation to the TAC, any insights obtained including lapse rates and performance, tenure, cancellation and any other insights TAL provides in respect of your clients or the client portfolio you have with TAL.
TAL Products means products issued or offered from time to time by TAL or any of its Related Bodies Corporate and which TAL wishes to distribute through AFSL holders.
You agree to the following terms under this Part A.
Information security incidents and vulnerabilities
1. You must:
(i) (Vulnerability/ies) immediately notify TAL (within 24 hours of discovery) of any vulnerability for which no work around, patches or controls are in place, that may affect the delivery of the Services under this Agreement;
(ii) in relation to vulnerabilities:
(a) conduct a root cause analysis of the case of the vulnerability; and
(b) take remedial action to eliminate the impacts of the vulnerability and prevent re-occurrence of that vulnerability (or any similar incident) and rectify any consequences (to the extent that they are capable of rectification) and notify TAL of the remedial steps taken.
(iii) (Information Security Incidents) within 24 hours of becoming aware of any Information Security Incident:
(a) immediately notify TAL (within 24 hours of discovery) in writing of the nature and cause of the Information Security Incident;
(b) details of a representative for escalation and management of the Information Security Incident;
(c) use best endeavours to rectify the Information Security Incident, including ensuring that any potential Information Security Incident does not become an actual Data Breach Incident; and
(d) investigate the Information Security Incident and ensure that rectification measures have been implemented.
(iv) (Data Breach Incidents) in the event of a Data Breach Incident:
(a) the Company must procure an investigation report prepared by an independent provider with industry recognised and certified skillset relating to remediation of the Data Breach Incident (Investigation Report);
(b) upon completion of the Investigation Report, the Company must provide TAL with a copy of this report within 5 Business Days. If required by TAL, the Company must certify to TAL that it has taken all commercially reasonable steps to prevent the recurrence of such Data Breach Incident; and
2. The Company will bear the costs associated with the investigation and remediation of any information security incidents and vulnerabilities under clause 1 of this Part A, unless the parties agree otherwise.
3. No disclosure, sale or monetising TAL Data You must:
(i) only use TAL Data, for the purpose of:
(a) using the TAC;
(b) using the relevant support services provided by TAL in relation to the TAC;
(c) servicing your clients; or
(d) to meet an obligation under the law.
(ii) not use TAL Data for any other purpose than that permitted under this Part A, and must not sell, disclose, modify, vary, licence or in any way monetise TAL Data to any third third parties.