FinaMetrica provides a psychometric test of personal financial risk tolerance comprising the risk tolerance questionnaire, the scoring algorithms and the report (“the Test”) to individuals wishing to have an assessment made of their financial risk tolerance. The Test statistically compares your risk tolerance answers with the answers of a sample population of clients of financial advisors. FinaMetrica does not guarantee or represent that the Test assesses your current state of mind or will predict your future state of mind or behaviour.
This agreement (the “Agreement”) sets forth the terms and conditions governing your (also referred to as “you”) access to and use of Test as implemented in www.sharenet.co.za (the “Website”) pursuant to a licensing agreement between PlanPlus Global Inc., of 55 Mary St., Suite 200, Lindsay, Ontario K9V 5Z6, (“FinaMetrica”) and “Sharenet Wealth (PTY) Ltd.”, Office 301 3rd Floor Imperial Terraces, Tyger Waterfront, Carl Cronje Drive, Bellville, Cape Town.
Sharenet Wealth AND FINAMETRICA ARE INDEPENDENT, SEPARATE COMPANIES AND NEITHER HAS THE AUTHORITY TO DIRECT OR CONTROL THE OTHER.
This Agreement is between you, and FinaMetrica and Sharenet Wealth (collectively, FinaMetrica and Sharenet Wealth are referred to as “Licensors”).
Your access to and use of this Website and the Test will indicate that you have read and understand this Agreement and accept its terms and conditions. DO NOT PROCEED TO ACCESS AND USE the Website and the TEST UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING. If you accept this Agreement, including all of its terms and conditions, please click on the “Accept” button. You may also wish to print and/or save a copy of this Agreement for your records. If you do not accept this Agreement, you will not be able to access and use the Test.
FinaMetrica is the owner or licensee of all the intellectual property rights in the materials, data and processes in the investor profiling process and the Test including without limitation all text, algorithms, content, source and object codes.
The investor profiling process and the Test are licensed, not sold. This Agreement only gives you some rights to access and use the investor profiling process and the Test. FinaMetrica reserves all other rights. In consideration of your acceptance of this Agreement, FinaMetrica grants to you a non-exclusive, non-transferable, non-assignable licence to access and use the investor profiling process and the Test for your personal use subject to the terms and conditions in this Agreement.
The investor profiling process and the Test also contains trade secrets of FinaMetrica, and you may not reverse engineer, decompile, decode, decrypt, disassemble the whole or any part of FinaMetrica’s intellectual property rights or directly or indirectly allow or cause a third party to reverse engineer, decompile, decode, decrypt or disassemble the whole or any part of FinaMetrica’s intellectual property rights except to the extent otherwise authorised by applicable law.
You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute or network the investor profiling process and the Test or related materials, or create derivative works based upon the investor profiling process and the Test or any part thereof. You may not publish, create derivative works from, transfer or sell any information obtained from the investor profiling process and the Test or the website which hosts the Test.
This Agreement does not limit any rights that FinaMetrica may have under trade secret, copyright, patent, trademark or other laws.
In order to use the Test, you will require the necessary software, hardware and connection to the World Wide Web (WWW). You are responsible for installing, maintaining, and operating your software and hardware, and the associated WWW connections. The Licensors are not responsible for any problems caused to your software or hardware, including any virus or related problems associated with your use of the Test on your equipment.
The Licensors do not guarantee that the Test will always be available or be uninterrupted. The Licensors accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond the Licensors’ reasonable control.
The Licensors may, in their sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Test, in whole or in part, until further notice, with immediate effect:
The Licensors will endeavour, where possible to provide you with reasonable notice of such suspension or termination.
Whilst the Licensors will use their best endeavours to minimise disruption to the Test, unscheduled outages may occur from time to time.
The Licensors may, in their sole and absolute discretion, immediately terminate this Agreement and your licence to use the Test, without notice or liability, if we determine, acting reasonably, that:
You agree that upon termination the Licensors may, but are not required to, delete all information related to your account and may bar your access to your account and the Test.
On termination of this Agreement for any reason, you must cease using Licensors’ intellectual property rights and must cease and prevent any access to the Test using your username and password.
We have no liability to you for any costs, losses or damages of any kind arising as a consequence of suspending or terminating your access to the Test.
In the event of suspension or termination, all restrictions imposed on you by this Agreement will survive.
The Licensors do not warrant that the Test is free from bugs, viruses, errors, or other program limitations. The Licensors do not guarantee that the Test will be available for your use at the times or locations of your choosing.
Except as set out below, THE LICENSORS excludes any:
Where any legislation implies any condition or warranty into your use of or any arrangement arising out of your access to or use of the Website and/or the Test and that legislation prohibits exclusion of that condition or warranty, then that condition or warranty is included to the extent that such condition or warranty cannot be lawfully excluded.
TO THE EXTENT PERMITTED BY LEGISLATION, THE LICENSORS’ LIABILITY FOR BREACH OF ANY EXPRESS PROVISION OF THIS AGREEMENT OR ANY NON-EXCLUDABLE CONDITION OR WARRANTY IS LIMITED TO THE RE-SUPPLY OF OUR SERVICES.
IN NO EVENT WILL THE LICENSORS’ AND/OR THEIR REPRESENTATIVES TOTAL LIABILITY TO YOU AND/ OR TO A THIRD PARTY FOR ANY AND ALL CLAIMS OR DAMAGES UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER (INCLUDING NEGLIGENCE) EXCEED THE TOTAL AMOUNT PAID BY YOU OR BY A THIRD PARTY ON YOUR BEHALF IN THE PREVIOUS 12 MONTHS.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Licensors and you. The Licensors would not be able to have provided this licence without such limitations.
FINAMETRICA IS NOT ENGAGED IN RENDERING INVESTMENT OR FINANCIAL ADVICE, AND THE RESULTS OR USE OF the TEST MUST NOT BE REGARDED AS CONSTITUTING INVESTMENT OR FINANCIAL ADVICE. HISTORICAL ILLUSTRATIONS OF THE RESULTS OF INVESTMENT DECISIONS ARE PROVIDED TO FINANCIAL ADVISERS MERELY FOR EDUCATIONAL PURPOSES FOR CLIENTS AND SHOULD NOT BE REGARDED AS A PREDICTION OR GUARANTEE OF ANY FUTURE RESULTS.
You agree to generally comply with the instructions and materials provided by the Licensors for the use of the Test.
Sharenet Wealth confirms that in providing your answers to the risk and demographic questionnaires to FinaMetrica no personally identifying information about you will be provided. You acknowledge and agree that FinaMetrica may use the risk tolerance and demographic data that you supply for research and to further develop the Test and may combine this data with similar data from other people.
Sharenet Wealth will use the email address provided for you when you were registered to use the Test to send you notices concerning the Test and your use of the Test. You agree that you will accept all electronic communications from Sharenet Wealth at your email address and will not make any claims against Sharenet Wealth if you do not receive any such communications. You agree to notify Sharenet Wealth promptly if your email address changes.
These terms must be read in conjunction with Sharenet Wealth’s full Privacy Policy and a Privacy Statement for clients using the Test.
This Website may contain links to other web sites (“Linked Web Sites”). The Licensors are not responsible for the content or privacy practices associated with Linked Web Sites. Our links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and to the extent stipulated to the contrary.
You release and indemnify the Licensors, and their affiliates, officers, directors, employees, agents and contractors (“Those Indemnified”) from and against all loss, actions, proceedings, claims, demands, costs, expenses (including without limitation legal fees) and damages which may be incurred or suffered by or instituted against any of Those Indemnified arising from your failure to comply with this Agreement, or relating or arising in any way out of any services or advice alleged to have been rendered or not rendered by or on behalf of your financial advisor to you.
Details contained in this Agreement have been prepared in accordance with the laws of NSW, Australia and may not satisfy the laws of any other country. The Licensors do not warrant that the details of this Agreement will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not access and use the Test.
You must take your own precautions to ensure that the process by which you access this Website and the Test does not expose you to the risk of viruses, malicious code or other forms of interference that may damage your own equipment. For the removal of doubt, we do not accept responsibility for any interference or damage to your own equipment or any equipment belonging to a third party that arises in connection with your use of this Website or the Test.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions or to data or information contained on your equipment or on this Website or the Test. We do not accept responsibility or liability of any nature for any such losses that you may sustain as a result of such activity.
The Licensors will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your software or hardware, data or other proprietary material due to your use of the Test or to your downloading of any content on it, or on any website linked to it.
You must not misuse the Test by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Test, the server on which the Test is stored or any server, equipment or database connected to the Test. You must not attack the Test via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Test will cease immediately.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, the Licensors do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
You acknowledge that this Agreement is a complete statement of the agreement between you and the Licensors, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Test or any related services.
The representatives of the Licensors are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on the Licensors, other than in writing signed by an officer of each Licensor. Accordingly, such additional statements are not binding on the Licensors and you should not rely upon such statements.
The Licensors accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control.
If the Licensors waive any rights available to them under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by laws of NSW, Australia. This Agreement is deemed entered into at Sydney, Australia and shall be construed as to its fair meaning and not strictly for or against either party. You agree that the proper forum for claims under this Agreement will be the courts of NSW, Australia and you agree to submit to the jurisdiction of these courts.
You agree that this Agreement may not be construed adversely against us solely because we prepared it.
Notices and questions concerning your use of the Test, or any aspect of this Agreement may be directed to Franette Blom at Office 301 3rd Floor Imperial Terraces, Tyger Waterfront, Carl Cronje Drive, Bellville, Cape Town, or by emailing wealth@sharenet.co.za.