Terms of Service

These terms form a binding agreement between you and [Registered company name] Pty Ltd (ABN [ABN]), trading as Portfoli.au (we, us, our). They govern your use of our website, applications and services (the service).

By creating an account or using the service you accept these terms. If you do not accept them, do not use the service.

Our Privacy Policy and our Financial Services and Tax Disclaimer form part of this agreement.

To open an account you must:

• be at least 18 years old;
• have the legal capacity to enter into a binding contract; and
• not be barred from using the service under any applicable law.

If you use the service on behalf of a company, trust, partnership or self managed superannuation fund, you warrant that you are authorised to bind that entity, and you in these terms means both you and that entity.

Portfoli.au is a record-keeping and reporting tool. It lets you record investment transactions, track holdings, value them in Australian dollars, and produce summaries and exports from the information you or your connected accounts supply.

The service does not execute trades, hold your money or assets, operate a custodial or broking function, or provide a market for financial products.

You must give accurate information when you register and keep it up to date. You are responsible for keeping your password confidential and for everything done through your account.

Tell us promptly at support@portfoli.au if you believe your account has been accessed without your authorisation.

You may give another person, such as your accountant, tax agent or SMSF auditor, access to your account or your data. If you do, you remain responsible for what they do with that access.

You own the records you enter or import. You grant us the licence we need to host, process, back up and display that data in order to provide the service to you, and to produce the reports you request. That licence ends when you delete the data or close your account, subject to the retention periods in our Privacy Policy.

We recommend you keep your own copies of source documents. You can export your data from the service at any time while your account is open.

Where you connect a broker, registry, exchange or wallet, you authorise us to access the records that connection makes available. Connections are read only: we do not use them to place, amend or cancel orders, or to move money or assets.

You are responsible for complying with the terms of your agreement with that provider. We are not responsible for the availability, accuracy or completeness of anything a third party supplies, and a provider may change or withdraw access at any time.

Market data may be delayed and is provided for information only. It is not a quotation and is not an offer to transact at any price.

You must not:

• use the service in breach of any law;
• access another person’s account, or attempt to defeat any security or authentication measure;
• scrape, spider, or systematically extract data from the service, or use it to build a competing product;
• reverse engineer, decompile or disassemble any part of the service, except to the extent that law expressly permits it despite this clause;
• resell, sublicense or make the service available to anyone else except as these terms allow;
• upload anything malicious, or anything that infringes another person’s rights; or
• interfere with the operation of the service or impose an unreasonable load on it.

Some features require a paid plan. The current plans and prices are on our pricing page. Prices are in Australian dollars and include GST unless stated otherwise.

Billing and renewal

Subscriptions are billed in advance for the period you choose and renew automatically at the end of each period until cancelled. We will send you a reminder before an annual subscription renews.

Price changes

We may change our prices. We will give you at least 30 days’ notice before a change applies to your subscription. If you do not accept a price change, you may cancel before it takes effect and the change will not apply to you.

Cancelling

You may cancel at any time from your account settings. Your plan continues until the end of the period you have paid for, and you will not be charged again. Except where the Australian Consumer Law or another law requires it, or where we have materially breached these terms, fees already paid are not refundable in part for an unused period.

Failed payments

If a payment fails we will tell you and may retry. If it remains unpaid we may suspend the paid features of your account after giving you notice and a reasonable opportunity to fix it. Your data is not deleted when a subscription lapses, and you may still export it.

The Australian Consumer Law, in Schedule 2 to the Competition and Consumer Act 2010 (Cth), gives consumers guarantees that cannot be excluded. Section 64 makes void any term that tries to exclude, restrict or modify them.

Every other term in this agreement is read subject to this section. If a term of this agreement would otherwise contravene the Australian Consumer Law or any other law, that term applies only to the extent the law permits.

This section is subject to section 9 and does not limit any right you have under the Australian Consumer Law or any other law that cannot be excluded.

Subject to that, and to the extent the law permits:

• we are not liable for loss that was not reasonably foreseeable, or that was caused by something outside our reasonable control;
• we are not liable for loss arising from your reliance on a figure the service produced without checking it against your source documents, or from inaccurate or incomplete data you or a third party supplied;
• we are not liable for investment losses, or for the performance of any financial product, because we do not advise on, recommend or arrange financial products; and
• where section 64A of the Australian Consumer Law applies and permits us to do so, our liability for failing to comply with a consumer guarantee is limited to resupplying the services or paying the cost of having them resupplied.

Nothing in this agreement limits our liability for fraud, or for death or personal injury caused by our negligence.

Each of us must take reasonable steps to mitigate loss, and our liability is reduced to the extent that your act or omission caused or contributed to the loss.

We own the service, including its software, design, text, graphics and branding, or we use it under licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the service in accordance with these terms for as long as your account is open.

This does not transfer any intellectual property rights to you. You keep all rights in the data you enter or import.

If you give us feedback or suggestions, we may use them without obligation to you.

We aim to keep the service available, but we do not promise it will be uninterrupted or error free. We may need to suspend it for maintenance, upgrades or security, and we will give you notice where it is reasonable to do so.

We may change or discontinue features. If we discontinue a feature you materially rely on, or make a change that materially and adversely affects you, we will give you at least 30 days’ notice and you may cancel and receive a pro rata refund of fees you have paid for the period after cancellation.

We may change these terms. If a change is material we will give you at least 30 days’ notice by email or through the service before it takes effect.

If you do not accept a change, you may cancel before it takes effect and we will refund the unused portion of any fees you have paid. Continuing to use the service after the change takes effect means you accept it.

We will not change these terms retrospectively, and we will not rely on a change to take away a right that had already accrued to you.

You may close your account at any time from your settings.

We may suspend or terminate your account if you materially breach these terms, if we are required to by law, or if your use poses a security risk to the service or to other users. Except where it is not reasonable or lawful to do so, we will give you notice and a reasonable opportunity to fix the problem first.

On termination, your licence to use the service ends. You may export your data for 30 days after termination, after which we will handle it as set out in our Privacy Policy. If we terminate without you being at fault, we will refund the unused portion of any fees you have paid.

If something goes wrong, contact us first at support@portfoli.au. We will acknowledge your complaint within 5 business days and try to resolve it within 30 days.

If we cannot resolve it between us, you may be able to take the matter to a consumer protection agency, including the Australian Competition and Consumer Commission (ACCC) or your state or territory fair trading office. Nothing in these terms prevents you from doing so, or from taking the matter to a court or tribunal.

Privacy complaints follow the process in our Privacy Policy.

Governing law

This agreement is governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that place and the courts that hear appeals from them. This does not limit your right to bring proceedings where a law says you may.

Severability

If any part of this agreement is unenforceable, it is severed and the rest continues to apply.

Assignment

You may not transfer your rights under this agreement without our consent. We may transfer ours as part of a sale or reorganisation of our business, provided it does not reduce your rights.

Notices

We will send notices to the email address on your account. You should send notices to support@portfoli.au or to [Registered company name] Pty Ltd, [Registered street address, State, Postcode, Australia].

Entire agreement

This agreement, together with the Privacy Policy and the Financial Services and Tax Disclaimer, is the entire agreement between us about the service. This clause does not exclude liability for misleading or deceptive conduct.