Legal
Terms & Conditions
Important: starting draft. This page is a working draft prepared for the LS Wealth Solutions website. It has not yet been reviewed by an Australian solicitor. Before publication, the operator of this website must have the document reviewed by a qualified Australian legal practitioner with experience in consumer protection, financial services education, the Australian Consumer Law and the Privacy Act 1988.
1. Acceptance of these terms
By using this website, accessing any materials we publish, downloading any guide, completing any form, or engaging LS Wealth Solutions Pty Ltd (ACN 621 317 342) ("LS Wealth Solutions", "we", "us", "our") for any coaching, education or mentoring service, you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use the website or engage our services.
These Terms form a binding agreement between you and LS Wealth Solutions. We may update these Terms from time to time under clause 11 below.
2. Services we provide
LS Wealth Solutions provides financial education, mentoring and coaching only.
We do not:
- hold an Australian Financial Services Licence (AFSL);
- hold an Australian Credit Licence (ACL);
- act as an authorised representative of any AFSL or ACL holder;
- provide personal financial product advice as defined in the Corporations Act 2001 (Cth);
- provide tax advice as defined in the Tax Agent Services Act 2009 (Cth);
- provide credit advice or credit assistance as defined in the National Consumer Credit Protection Act 2009 (Cth);
- sell, recommend, distribute or accept commission on any financial product;
- accept kickbacks, soft-dollar benefits or referral fees from any product issuer.
Our coaching engagements, including without limitation the Considered Review, the Considered Wealth Method™, the Pre-Retirement Stocktake, and any program offered on our Services page, are general educational and behavioural coaching services. They do not constitute, and must not be relied upon as, personal financial product, investment, tax, credit, legal or accounting advice.
Where you require licensed advice, we will refer you to a named third-party professional and disclose any arrangement in writing before you engage them.
3. Intellectual property
All content on this website and within our coaching engagements, including text, images, frameworks, templates, methodology names, the Considered Wealth Method™, written plans, recordings, video, audio, downloadable guides, the Pre-Retirement Stocktake, branding and visual identity, is owned by or licensed to LS Wealth Solutions and is protected under the Copyright Act 1968 (Cth) and other applicable Australian and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and use the content for your own personal, non-commercial household planning purposes during the term of any active engagement and thereafter for personal reference only.
You must not:
- reproduce, republish or distribute our content to third parties;
- use our content to deliver competing coaching, education or advisory services;
- remove or alter any copyright notice, trade mark or attribution;
- use the names "LS Wealth Solutions", "Considered Wealth Method", "Pre-Retirement Stocktake" or any associated logo in your own materials without prior written consent.
4. Your obligations as a user
When you use this website or engage our coaching services, you agree to:
- provide information about your household, financial position and objectives that is, to the best of your knowledge, accurate, complete and up to date;
- not rely on any of our materials as a substitute for personal financial product, tax, credit or legal advice from a licensed professional;
- make your own assessment of any decision before acting on it, including by seeking independent licensed advice where appropriate;
- treat our team with courtesy and respect during all interactions;
- not use the website or any of our materials for any unlawful, misleading, harassing or fraudulent purpose;
- not attempt to interfere with, disrupt or gain unauthorised access to the website or any system on which it is hosted.
You acknowledge that the quality of any plan we help you build is materially affected by the quality of the information you bring to it.
5. Disclaimers and limitations
5.1 General information only
All information on this website and within our coaching engagements is general in nature. It does not take into account your personal objectives, financial situation, tax position or needs. Before making any financial decision, you must consider whether the information is appropriate for you having regard to your own circumstances, and seek advice from a licensed professional.
5.2 No guarantees of outcome
Wealth coaching outcomes depend on factors outside our control, including market conditions, your household decisions, regulatory change, your discipline of implementation, and the accuracy of the information you provide. We make no representation, warranty or guarantee:
- that you will achieve any particular financial outcome;
- that any number, scenario, projection, example or testimonial on this website or in our materials will be replicated in your situation;
- that past results of any household we have coached will be representative of future results for any other household.
Testimonials reflect the personal experience of the individuals named and are not a guarantee or representation of typical results.
5.3 Third-party content
The website may contain links to third-party sites, articles or resources. We do not endorse and are not responsible for the content, accuracy, products or services of any third party.
5.4 Website availability
We use reasonable efforts to keep the website available, but do not warrant that it will be uninterrupted, error-free or free from viruses or other harmful components. You access the website at your own risk.
5.5 Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or limited.
6. Liability cap
To the maximum extent permitted by law, and subject to clause 5.5:
- our total aggregate liability to you, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in connection with these Terms, the website, or any coaching engagement, is limited to the total fees actually paid by you to LS Wealth Solutions in the twelve (12) months immediately preceding the event giving rise to the liability;
- we are not liable for any indirect, consequential, incidental, special or punitive loss or damage, including without limitation loss of profit, loss of opportunity, loss of investment return, loss of data, or loss of goodwill, however caused.
Where our liability cannot lawfully be excluded but can be limited, our liability is limited (at our election) to:
- in the case of services, the resupply of the services or the payment of the cost of having the services resupplied;
- in the case of goods, the replacement of the goods or the payment of the cost of replacement.
7. Indemnity
You agree to indemnify and hold harmless LS Wealth Solutions, its directors, officers, employees, contractors and agents from and against any claim, loss, damage, cost or expense (including reasonable legal costs) arising out of or in connection with:
- your breach of these Terms;
- your use of the website or our coaching services in a manner not authorised by these Terms;
- any decision you make in reliance on our general educational content without first obtaining licensed advice; or
- your provision of information to us that is materially inaccurate, incomplete or misleading.
This indemnity does not apply to the extent that the relevant claim, loss, damage, cost or expense was caused by our negligence, wilful default or breach of these Terms.
8. Termination
8.1 Termination by you
You may stop using the website at any time. You may terminate an active coaching engagement in accordance with the engagement letter or services agreement signed with us. If no separate written agreement is in place, you may terminate by giving us 14 days' written notice.
8.2 Termination by us
We may suspend or terminate your access to the website or any coaching engagement, with or without notice, if:
- you breach these Terms or any separate engagement agreement;
- you engage in conduct we reasonably consider abusive, harassing or in bad faith toward any member of our team;
- we are required to do so by law or by a regulator;
- we cease offering the relevant service.
8.3 Effect of termination
On termination, your licence to use our content under clause 3 ends for any purpose other than personal household reference. Clauses 3, 5, 6, 7, 9, 10 and 12 survive termination.
9. Governing law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full effect.
10. Changes to these Terms
We may amend these Terms from time to time. The current version is always the version published on this page. The date of last update is shown below. We will provide reasonable notice of any material change, by email to active clients, or by a notice on the website for general users, before the change takes effect. Your continued use of the website or our services after a change takes effect constitutes acceptance of the amended Terms.
11. Contact
Questions about these Terms can be sent to:
LS Wealth Solutions Pty LtdACN 621 317 342
hello@lswealthsolutions.au
Last updated: [DATE TO BE INSERTED AT PUBLICATION]