ASTUTE FINANCIAL PLANNER – 7 DAY TRIAL AND EVALUATION AGREEMENT
BETWEEN: Astute Wealth Advice Pty Ltd ABN 25 150 511 194 of Level 2, 53 Berry Street, North Sydney NSW 2060 (“Company”)
“Approved Purpose” means a 7 day trial and evaluation by the User of the Tools, for the purpose of deciding whether to enter into a licence agreement with the Company for the use of the Tools;
“Confidential Material” means all the information and material on the Website, including the ideas and concepts contained in the information and material, whether this is in text, graphic or combined text and graphic form;
“Parties” means the parties to this Agreement, and each of them is a “Party”;
“Tools” means the materials, strategies and tools that are conceptualised and developed by the Company and presented through the information and material on the Website; and
“Website” means: www.AstuteWheel.com.au and all of its/ their subpages.
Value and copyright
The User acknowledges and agrees that:
the Confidential Material:
has commercial value and is the sole property of the Company; and
is being disclosed to the User solely for the purpose of the User undertaking the Approved Purpose; and
copyright in and to the Confidential Material belongs to the Company.
General obligations of non-disclosure and non-use
The User must take all steps necessary to safeguard the confidentiality of the Confidential Material.
Subject to clause 4, the User is strictly prohibited from using the Confidential Material except for the Approved Purpose and, to the extent provided by this Agreement, for no other purpose whatsoever.
Scope of permitted use of Confidential Material
The User may only use the Confidential Material:
for the Approved Purpose; or
to the extent and for another purpose to which the Company has consented in writing.
The User may disclose the Confidential Material only if:
in the case of a person:
the User has informed that person of the confidential nature of the Confidential Material;
that person has undertaken in writing to the Company to keep the Confidential Material secret and confidential, on terms as onerous as those contained in this Agreement; and
it is necessary for the User to disclose the Confidential Material to that person for the Approved Purpose;
the Company has consented to the disclosure in writing and the disclosure is only for the purpose and to the extent for which consent is given; or
the law requires disclosure.
Restriction on use of Confidential Material
The User acknowledges and agrees that it is prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, adapting, modifying, reverse engineering, translating, distributing or using the Confidential Material unless the User has been given specific prior written consent to do so by the Company.
The User further acknowledges and agrees that the Company may revoke any such consent, in whole or in part, at any time at the sole discretion of the Company.
The User must not use the Confidential Material for profit or gain or for any purpose other than in accordance with clause 4 except as a result of entering into a licence agreement with the Company.
Unauthorised use of Confidential Material
The User must immediately inform the Company as soon as it becomes aware of any unauthorised use of the Confidential Material.
The User must use its best efforts to obtain the return or destruction or deletion of any unauthorised copy, transmission or print-out of the Confidential Material.
Cessation of use
On demand by the Company, the User must comply with all reasonable demands from the Company to delete or remove all Confidential Material, which may be given at any time.
Survivorship of obligations
The restrictions and prohibitions contained in this Agreement survive the completion of the Approved Purpose and the termination, rescission or completion of any agreement in respect of the Approved Purpose, except as otherwise provided by such an agreement.
The User must not assign all or any of its rights or obligations under this Agreement without the prior written consent of the Company, which will be at the Company’s sole discretion.
If any provision of this Agreement is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
No omission or delay on the part of either Party in requiring the strict fulfilment by the other Party of the obligations of the other Party will be deemed to constitute a waiver by the omitting or delaying Party of any of its rights to require strict fulfilment of any other obligations under this Agreement, whether similar or otherwise, or a waiver of any remedy it might have against the other Party under this Agreement.
Any waiver or forbearance in regard to the performance of this Agreement will operate only if it is in writing and will apply only to the specified instance, and will not affect the existence and continued applicability of the terms of this Agreement thereafter.
Applicable Law and Jurisdiction
This Agreement is governed by the laws of the State of New South Wales, Australia and each Party submits to the non-exclusive jurisdiction of the arbitration tribunals and the courts of New South Wales, Australia.
In this Agreement, unless the context otherwise requires:
an agreement or covenant by a company is an agreement or covenant by such company, its assigns and successors in title;
an agreement or covenant by two or more persons binds them individually and together;
words importing one gender include the other gender or genders;
words importing the singular number include the plural number and vice versa;
the word “person” includes a corporation; and
headings are inserted for ease of reference only.
Astute Wheel is Australia’s leading client engagement software providing financial planners with financial modelling calculators, online questionnaires, educational videos and presentation tools to help clients understand your value proposition.More about Astute
Better advice. More clients.
Level 2, 53 Berry Street,
North Sydney NSW 2060
02 94 533 588