Terms and Conditions
TAL Adviser Centre Terms and Conditions of Use
October 2018
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 TAL Adviser Centre. Your use of TAC constitutes acceptance by you of these terms and conditions.Terms and Conditions
General
1. The TAC is for the use of financial advisers and their support staff only.
2. 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.
3. By using TAC, you agree to these terms and conditions.
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) 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 this TAC.
7. 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.
8. 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
9. The activation process for the TAC requires you to enter your provided user ID and password or temporary password (the ‘UID’). 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 . You must keep your UID confidential and secure against any improper or unauthorised use. If you choose to share your UID with any person or organisation, you are responsible for the consequences of sharing your UID including any adverse impacts to your clients and any other person or entity.
10. 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.
11. 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 for duty of disclosure purposes.
12. You agree to take full responsibility to implement all reasonable controls to ensure that only the individuals in your dealer group that require access to any UID’s are granted access.
13. You agree to take full responsibility to implement all reasonable controls to ensure that access to any shared UIDs is promptly removed when it is no longer required e.g. if an individual leaves your dealer group.
14. 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.
15. 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 and conditions that the security of your UID has been breached or compromised.
16. 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: i) 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 ii) change your password and security questions and answers immediately.
17. 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.
Intellectual property rights
18. 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.
Copyright
19. 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 and Conditions or under the Copyright Act 1968 (Cth).
Your licence obligations
20. 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
21. 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, and any 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
22. 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.
23. 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.
Viruses/Malicious Attacks/Software
24. 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.
25. 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.
26. 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.
27. 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
28. 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. (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.
29. 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; (b) to comply with all applicable legislation in relation to the provision of and security of information including obligations under the Privacy Act 1988 (C'th).
30. 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.
Online Transactions for Financial Products
31. 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.
32. You agree to make that application strictly in accordance with TAL’s acquisition rules posted on the TAC from time to time.
33. 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;
(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.
34. 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 and conditions.
35. 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 and conditions.
Disclaimers
36. Use of the TAC is at your own risk.
37. 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.
38. 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.
39. 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).
40. 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.
41. 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.
42. 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.
Representations
43. 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).
(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
44. Your obligations under these terms and conditions 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
45. Any part of these terms and conditions 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 and conditions.
Terms and Conditions
46. You agree that we may amend these terms and conditions 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 and conditions, as amended by us from time to time.
Governing law and jurisdiction
47. The law applicable to the use of this website and to these terms and conditions 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 and conditions or in relation to this website.