Standard Individual Customer Agreement
This Individual Customer Agreement (Agreement) forms a binding legal agreement between Roll-it Super Pty Ltd (ACN 611 756 140), AFSL Authorised Representative No. 1273703 of MSC Advisory Pty Ltd. (ACN 607 459 441, holder of Australian Financial Services Licence No. 480649) of 710 Collins Street, Docklands VIC 3008 (Rollit, we or us), and you (the Client, or you) regarding our provision of personal wealth services to you via the Hey Coach or Rollit Platform (Platform).
You indicate your acceptance of these terms and conditions by ticking the “Accept” button or by paying for Subscriptions to the Service (as defined below).
Account means a Client account which the Client must activate prior to having the right to access the Services.
Aggregated Data means anonymised information about Clients or their use of the Services, that is collected and aggregated by Rollit for the purposes of analysing and improving the Services or the Platform, and which does not include any information that meets the definition of Personal Information.
Client Data means information submitted or collected from Clients relating to their use of the Platform.
Commencement Date means the date the Client successfully registers on the Platform and first pays the Service Fee.
Data means Client Data and Aggregated Data.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not and whether the information is recorded in a material form or not, which Rollit collects or handles whilst performing the Services.
Relevant Period means either a single month or a 12 month period, depending on whether the Client elects to pay for Services each month or for 12 month periods.
Rollit IP means the title, copyright, patent and other intellectual property rights in the Platform and/or the Services and all copies, modifications and derivative works of the Platform and Services, as well as the Rollit and Hey Coach brand and logo, and anything else Rollit develops or delivers under this Agreement.
Service Fee means the fee payable by the Client to Rollit, in accordance with Section 4 below.
Services means the cloud-based personal wealth services provided by Rollit to Clients via the Platform,
Term means the period from the Commencement Date until expiry of the Agreement in accordance with clause 9.
You will become entitled to open an Account in accordance with the terms of this Customer Agreement, following your successful registration via the Website, and payment of the initial Service Fees in accordance with clause 3.
To enable Rollit to properly communicate with you, you must provide accurate and complete information, and keep such information up to date. Rollit reserves the right to terminate this Agreement if it is found that any material information provided by you is inaccurate or incomplete, and such inaccuracy is not remedied within 30 days of receiving a written request from Rollit.
Upon successful registration and payment of the Service Fees, Rollit grants the Client a non-exclusive, non-assignable, royalty-free, right to activate an Account and access the Services during the Relevant Period.
3. Service Fees
The Service Fees will be calculated based on whether the Client elects to pay such fees either monthly in advance or annually in advance.
The Service Fees will be charged and automatically deducted from the Client’s nominated account or credit facility on the first day of each Relevant Period. For the avoidance of doubt, this Agreement will automatically renew at the commencement of each Relevant Period following payment of the Service Fees.
The Service Fees will not be increased or decreased during each Relevant Period. Rollit will advise you of any change to the Service Fee amount in advance of the commencement of each Relevant Period.
All Service Fees are stated to be exclusive of GST. If the amount of GST recovered from you differs from the amount of GST payable at law by Rollit with respect to the supply of Services, the amount payable by you to Rollit will be adjusted accordingly.
The Client acknowledges that Rollit uses a third party payment processor to process your payment of the Service Fees and such processing is subject to the terms, conditions and privacy policies of the payment processor. The Client acknowledges that it may elect to use a payment method that results in the charging of additional fees by the Client’s bank, credit card issuer, or other financial institution. Rollit reserves the right to correct any errors or mistakes by the payment processor even if the Service Fees have already been paid by the Client.
5. Service Standards
As part of the Services, Rollit will:
Host and maintain the Platform;
Continue to improve the Services including adding or removing functionality or features; and
Maintain reasonable security measures to protect all Data held within the Platform.
Rollit reserves the right to add new features or to vary the delivery of existing features of the Services at any time, however, Rollit will not remove any key features without first notifying you.
Rollit will provide online and email support to you during normal business hours in Australia.
6. Privacy & Data
Rollit will collect, use, disclose and store Client Data strictly in accordance with applicable data protection and privacy laws.
The Client retains ownership of all Client Data and is solely responsible for the accuracy, content and legality of all Client Data.
The Client grants Rollit a non-exclusive, royalty-free, license to copy, distribute, perform, display, store, modify, and otherwise use Client Data in connection with providing the Services, including storing the Client Data on Rollit’s servers.
To the extent necessary, the Client grants Rollit the right to use the Client Data to create Aggregated Data, to analyse and measure general Service usage patterns and characteristics of its user base and otherwise to improve its products and services, and may include such Aggregated Data as general benchmarking data, in promotional materials or industry reports to third parties.
Aggregated Data will be owned and retained by Rollit. For the avoidance of doubt, Rollit may use Aggregated Data at its sole discretion after the termination of the Agreement.
An event of termination (Termination Event) occurs if:
a party becomes an externally administered body corporate or you become a ‘retail client’ under the Corporations Act 2001;
a party ceases to carry on business or its assets are subject to any form of enforcement action;
a party breaches a material term of this Agreement and such breach is either not capable of being remedied or remains unremedied 30 days after receiving written notice from the other party; or
a force majeure event (being an event outside the reasonable control of that party that results in the delay or failure to fulfil an obligation under this Agreement) continues for a period of 90 days or more.
If a Termination Event occurs, this Agreement may be terminated by written notice from the party not subject to the Termination Event.
Rollit may terminate this Agreement immediately there is a change in any applicable legislation, regulation, tax ruling or government-mandated superannuation policy or process that has a material adverse effect on Rollit’s ability to supply the Services.
This Agreement will otherwise terminate at the end of any Relevant Period in which you have notified Rollit that you do not wish to renew your account for additional Relevant Periods.
On expiry or termination of this Agreement for any reason, the Client must immediately cease using the Services, and all Rollit IP.
On or after termination, the Client may request, and Rollit will use reasonable efforts to, make the Client Data available for download within 7 days of the request. Rollit may then delete the Client Data.
Rollit reserves the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Client Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
Termination of this Agreement does not affect any accrued rights or remedies of either party.
Each party agrees that all code, inventions, know-how, business, technical, financial and other confidential information it (Receiving Party) obtains from the disclosing party (Disclosing Party) constitutes the confidential property of the Disclosing Party (Confidential Information). Any Rollit IP, Data, and the terms and conditions of this Agreement shall be deemed Confidential Information. Except as expressly authorised herein, the Receiving Party will not use or disclose any Confidential Information. The Receiving Party’s non-disclosure obligation shall not apply to information which the Receiving Party can show: (i) was rightfully in its possession or known to it prior to receipt; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by the Receiving Party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
9. Partner Services & Linked Websites
Rollit works with several partner organisations (together referred to as our Partners) to provide Clients with certain services (Partner Services) associated with the Platform. Whilst Rollit makes every reasonable effort to arrange for the provision of high quality Partner Services for the benefit of its Clients, to access such Partner Services Clients will deal directly with each Partner via the Platform. As a result, Client’s use of each Partner Service is governed by the terms and conditions issued by that Partner.
The inclusion of a Partner Service on the Platform does not indicate any representation by Rollit as to the quality, timeliness, cost or any other aspect of that Partner or the Partner Services for which they are responsible, and Rollit does not accept liability for any loss or damage incurred as a result of using the Partner Services. You also agree that Rollit is not responsible or liable in any way for any content or material of Partner Services which you may access through the Platform.
Roll may also provide advertising, links or access to other websites and locations on the Internet, that are not under the control of Rollit (Linked Websites), through the Platform. Inclusion of a link does not imply endorsement by Rollit and Rollit has no control over the content of such Linked Websites. You acknowledge and agree that Rollit is not responsible or liable in any way for such Linked Websites including any damage or loss caused or suffered in any way in connection with a Client’s use or reliance on such Linked Websites.
Rollit makes no representations concerning any Data, Services, product suppliers or other information contained in or accessed through the Services. Rollit will not be responsible or liable for the accuracy, copyright compliance, or legality of material, Data or other information contained in or accessed through the Services, nor for the financial performance of any Client’s financial assets managed through the Platform.
Rollit provides a range of comparison services to Clients via the Platform. However, the Client acknowledges that returns and fees can go up and down. Past returns are not a reliable indicator of future returns. Future returns may be affected by a range of factors including economic and market influences. For the avoidance of doubt, the inclusion of a Partner on the Platform does not indicate any representation by Rollit as to the quality, timeliness, cost or any other aspect of that Partner's services.
11. Limitation of liability
Neither party is to be liable for any indirect, incidental, special, punitive or consequential damages, or any loss of revenue or profits (excluding Service Fees under the Agreement), Data, or data use.
Rollit’s maximum liability for any damages related to this Agreement or the Services, whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, the lesser of AU$10,000 or the total amounts actually paid to Rollit by the Client for the Services in the 12 month period immediately preceding the event giving rise to such claim.
The Client will indemnify and defend Rollit from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to (a) any breach by the Client (including any Authorised Users) of this Agreement, or (b) any representations or warranties made by the Client (including any Authorised User) regarding the Services (including Rollit) to third parties. This indemnification obligation is subject to the Client receiving (i) prompt written notice of such claim; (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim, provided that Rollit may participate in the claim at its own expense and the Client may not settle any claim without Rollit’s prior written consent; and (iii) all reasonably necessary cooperation of Rollit at the Client’s expense.
Rollit will indemnify and defend the Client from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by Rollit of this Agreement. This indemnification obligation is subject to Rollit receiving (i) prompt written notice of such claim; (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim, provided that the Client may participate in the claim at its own expense; and (iii) all reasonably necessary cooperation of the Client at Rollit’s expense.
Any term of this Agreement that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining terms of this Agreement enforceable.
The Client may not assign part or all of this Agreement or give or transfer the Services or an interest in them to another individual or entity.
This Agreement is governed by the substantive and procedural laws of Victoria, Australia and Rollit and the Client agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia, in any dispute arising out of or relating to this Agreement.
You may contact us at:
Roll-It Super Pty Ltd
710 Collins Street
Docklands, VIC 3008