The use of this site and any of the services or offerings provided by ElderPlan Pty Ltd (Elderplan) trading as PrimeTime (Primetime), is subject to the following Terms and Conditions. Please read them carefully.
Using the site and/or entering into any agreement with Elderplan or Primetime means that you have read and accepted the Terms and Conditions as set out here.
- Introduction and definitions
In order to become a user of this site or the Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon using this site or making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to “we”, “us”, “our”, and so on shall refer to ElderPlan or Primetime except where explicitly specified as otherwise.
In these terms, references to “you”, “customer”, “user”, “your” and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.
In these terms, references to “Services” include any product, license, package, arrangement or account offered by us.
- Representations you make about yourself
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.
By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:
- You are at least 18 years of age, and that we may terminate this Agreement immediately if we discover that you are under 18 years of age at the time of entering into this Agreement;
- A user when applying for an account, shall provide to Elderplan and/or Primetime, accurate and reliable contact details and promptly correct and update them during the term of the service, including: the full name, postal address, e-mail address and voice telephone number if available of the Registered Name Holder; name of authorised person for contact purposes in the case of an Registered Name Holder that is an organisation, association, or corporation;
- Where you act on behalf of an entity, you have the legal authority to bind such entity to these terms, in which case the terms “you”, “your”, “User” or “customer” in this Agreement shall refer to such entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorised representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
- Other than a person who is authorised by you to be able to access your account in order to provide backup support, professional services or necessary assistance, you shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known to an unauthorised person, you will inform us immediately. We may require you to change your password where considered necessary; and
- You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.
- Terms governing your account
In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account (“Account”). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.
When you use our services and store information like your files, content, schedules or any electronic information capable of being stored, this information is your property. We don’t have access to your property except the information we gather to enable us to be able to provide the service to you and act as we are required to do so under the law. You are solely responsible for the activity that occurs on your Account, whether authorised by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password and payment method(s). For security purposes, we recommend that you change your password at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorised use of your Account. We will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
- Acceptable use and general conduct
You irrevocably agree that it is your responsibility at all times to:
- Use our service and services in a manner which does not violate any applicable laws or regulations;
- Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
- Respect the privacy of others;
- Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
- Ensure your use of our Services remains ethical and in accordance with accepted community standards.
It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:
- Illegally store software;
- Store, obscene or offensive materials;
- Gain unauthorised access to any information
You also agree not to attempt any of the following:
- Circumvent the space storage limits which are currently set at 200mb per customer;
- Do any activity which causes the server to crash / restart;
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, modify or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- On sell the services offered unless specifically authorised to do so;
- Use the material in this site for any purpose other than as intended
- Distribute, copy or otherwise reproduce in any way any of the material available from this site unless it is expressly authorised.
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.
You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.
- Information contained in website
This website provides information about the services provided through Elderplan Pty Ltd (ElderPlan) trading as Primetime. Elderplan and Primetime do not give any warranty or make any representation as to the accuracy, reliability, relevance completeness or security of the information contained in this site and to changes in circumstances after the date of publication that may impact on the accuracy of the information.
It is understood that Elderplan and/or Primetime:
- May change and update the information on this site from time to time;
- Make no representation in relation to, and are not responsible in any way, for any other site you access through this site; and
- Own the copyright in the information in this site.
Any reference to the term website extends to information created by Elderplan and/or Primetime contained in the logins or links contained in the website including but not limited to; questionnaires, surveys, reports generated from surveys and questionnaires, documents, spreadsheets, images or templates. It does not extend to third party created information which is available for information purposes.
- Trade marks
Any trade marks appearing in this site are the trademarks of Elderplan or Primetime or a third party. Users must not use or reproduce any of the trademarks that appear in this site.
- Purpose of information
The information contained in this site is general information. It has not been prepared taking into account any person’s particular needs, financial situation or objectives and should not be relied upon as a substitute for financial, accounting, legal, tax or other specialist advice. It is not intended to be a recommendation, offer or invitation to take up securities or other investments. You should seek advice from appropriately qualified professionals on whether the information is appropriate for your particular needs, financial situation and objectives.
- Commissions or fees receivable by Elderplan and/or Primetime
When a user requests Elderplan or Primetime to provide a referral to another party (referrer) to provide any goods or services or potential goods or services, it is understood and accepted that Elderplan or Primetime may receive an administration fee, booking fee, referral fee or some other fee from the referrer under a commercial agreement between Elderplan or Primetime and the referrer.
- Commissions or fees payable by Elderplan and/or Primetime to other parties
Elderplan may engage other parties to on sell or promote its goods and services and may allow the other party to use their logos, trademarks, and details on reports or on screens. Primetime also may pay the other party a commission, royalty, administration, or some other benefit.
Users accept this as normal business practice and accept that they are still users of this site and bound by these terms and conditions.
Other parties who may be engaged to on sell or promote Elderplan goods and services accept that they may have a duty to disclose a commission, royalty, administration, or some other benefit to the user. Other parties hereby accept that where there is an obligation to report these matters that this is solely their responsibility and not the responsibility of Elderplan.
10. Fees charged by referral partners to users
If you are a referral partner you undertake that where we refer a user (who is not an advisor) to you, then you (the referral partner), will not charge that user a fee, or enter into terms and conditions, that are outside the range of fees or outside the usual terms and conditions normally enter into with your clients or members.
11. Liability and Indemnity
Elderplan and Primetime and its employees and directors and its authorised representatives are not liable in any way to any person or entity for any loss, damage, cost or expense incurred as a result of the material contained in this site or from unauthorised access to, or any misuse of this site including, without limitation, any negligence by Elderplan and Primetime and its employees, directors and its authorised representatives.
You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.
You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:
- Loss of business, contracts, profits or anticipated savings;
- Other indirect or consequential or economic loss whatsoever;
- Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
- Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
- Negligence, misconduct, or breach of this agreement by you;
- Incomplete, inadequate or otherwise problematic use of any Services by you;
- Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
- Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
- Allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us, and
- Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.
You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.
Where to do so is unlawful under any legislative provision (“Act”) falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.
You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.
Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.
12. Availability of site
Elderplan and Primetime will use its best efforts to provide access to this site on a 24 hour basis. However, there may be an interruption of the service to facilitate the site’s maintenance or for any other reasons Elderplan and Primetime will not be liable to any person for interruptions to the service for any reason.
13. Refund Policy
Given the nature of online subscription services and consulting services, we do not generally offer a refund on a purchase unless required under Australian consumer law or other relevant consumer protection laws.
14. Dispatch Policy
On receipt of payment of the initial registration subscription to Elderplan or Primetime you will be notified of acceptance together with any relevant information required to access the online Primetime client services.
15. Paid Accounts
The charges for our services are either published on our web site for Elderplan and/or Primetime subscribers or communicated to advisors or other business customers who may wish to enter into a commercial agreement to use Elderplan and/or Primetime products and services. We maintain the ability to change our charges at will, however changes shall not be retrospective.
Where we charge ongoing monthly subscriptions, these will be through automatic ongoing credit card deductions from your bank account at the first of each month for services provided for that month. You have the option to cancel your account at any time and from the moment of cancellation we will discontinue to charge automatic ongoing credit card deductions from your bank account.
Charges for a service are those published on our website at the time you request for the service or for 7 days where a quote has been provided. For special, promotional or bundled pricing you agree to pay for all the services you request and/or use.
You agree that failure to pay or failure of payment being honoured will void your service and relieve us of any responsibility with regards to the provision of the services applied for.
You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.
You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.
Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
15.1 Merchant Facilities
We use merchant facilities to process payments for our products and services.
We endeavour to offer payment methods to suit you and your market however we cannot make any guarantees or assurances that your chosen payment method is available or does not incur additional fees with your chosen financial institution.
All pricing is displayed inclusive of Australian GST if this is required to be charged but exclusive of surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method.
All pricing is displayed in Australian Dollars. The location of the currency indicator may relocate from time to time. We shall not be held liable for any additional charges or perceivable losses incurred as a result of exchange rates, commissions, credit card fees or any other loss imposed by neither our nor your financial institution. You agree to waive any and all claims based upon such instances (including any and all claims for a refund based on the foregoing).
15.3 Limitations to our services
Elderplan and/or Primetime products and services have been designed and built to have a broad application to people and businesses. Access to Elderplan and/or Primetime subscriptions are available worldwide, through the internet, to all people and businesses who have access to the Elderplan and/or Primetime website and portals. It needs to be understood that Elderplan and Primetime was developed in Australia in specific response to the needs of people and business residing and working in Australia.
Where practical, the services have application for subscribers and businesses that are outside Australia however there are inherent limitations and Elderplan and Primetime cannot guarantee that the services and offerings are always available, relevant or accurate for people outside Australia. In addition Elderplan subscribers and advisors may be located within Australia but Elderplan may not be able to provide certain services due to their location.
You understand and accept that these limitations may apply and that some or all of the products and services may not be relevant, accurate or available.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you’re in breach of these Terms,
(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
(c) you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your information from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we’re prohibited from doing so by law.
17. Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Elderplan and/or Primetime’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your information from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
18. Amendment to agreement
We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. We will endeavour to provide notice to you of any such amendments that affect this Agreement and you, by email to the most recent electronic contact address supplied to us Account, or in whatever way we deem most effective. Such amendments shall be effective at the time specified in the notice or if no such time is indicated or otherwise, immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a “Last Revised” date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by any such changes or amendments, or this Agreement last revised, discontinue use of the Site and Service thereof.
Please refer to the latest revised version of this Agreement posted on our Site prior to the renewal of any services, and prior to purchasing, registering, applying for, or subscribing to any new Services offered by Us. The latest revised version will apply to any Services at the date of the renewal, or to any new services at the date of the application, registration, purchase, or transfer, whichever is earliest. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof, do not proceed with renewal of any existing Services, and/or do not take out any new Services, whichever is appropriate.
19. Reasonable Control
We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.
20. Applicable law and entirety of Agreement
You expressly and irrevocably agree that:
- This Agreement is governed by the laws of Western Australia and the Federal Laws of Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements (written and oral), understandings and representations, unless otherwise stated in this Agreement;
- We may amend these terms at any time in accordance with clause 14, and such amendments will become effective in accordance with that clause following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed; and
- Except as specified in 16 and 18, no variations may be made to this Agreement unless it is in writing and signed by our authorised representative
GENERAL ADVICE WARNING
The information contained on this site may not be suitable to you because it contains general information that has not been tailored to your personal circumstances. Please seek personal financial and tax and/or legal advice prior to acting on this information.