Terms and Conditions
- Last Updated December 20, 2023
1. Introduction
Welcome to Direct Wealth Financial Planning Services. Thank you for choosing us as your trusted partner in managing and planning your financial future. This document outlines the Terms and Conditions (T&C) that govern your use of our services, including all information, tools, and features provided through our website and in-person consultations.
By accessing, browsing, or utilizing the services offered by Direct Wealth, you acknowledge that you have read, understood, and agree to be legally bound by these T&C. These terms apply to all clients, visitors, and others who wish to access or use our services. If you disagree with any part of these terms, then you may not access or use our services.
Our services are designed with your financial wellbeing in mind, providing personalized financial planning, investment management, and advisory services. We strive to ensure that all information and advice provided are accurate, reliable, and in your best financial interests. However, it is essential to note that financial planning and investment involve risks, and past performance is not a guarantee of future results.
We also want to emphasize that our services are intended solely for users who are eighteen (18) years of age or older and reside in Australia. By agreeing to these T&C, you represent and warrant that you meet these eligibility requirements.
Direct Wealth is committed to continuous improvement and adaptation in an ever-changing financial landscape. As such, we reserve the right to update, change, or replace any part of these T&C by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of those changes.
Once again, we are delighted to have you with us and look forward to assisting you in achieving your financial goals. Should you have any questions or concerns regarding these Terms and Conditions, please do not hesitate to reach out to our team for clarification.
2. Description of Services
Direct Wealth Financial Planning Services is dedicated to offering a wide array of comprehensive financial planning solutions tailored to meet the diverse needs of our clients. Our suite of services is designed to encompass every aspect of financial management and planning, ensuring a holistic approach to your financial wellbeing.
Investment Advice: Our investment services are focused on helping you build and manage your investment portfolio. We provide personalized advice based on a thorough analysis of your financial goals, risk tolerance, and investment horizon. Our team stays abreast of market trends and employs strategic asset allocation to optimize your portfolio’s performance.
Retirement Planning: Planning for retirement is a critical aspect of financial security. We offer expert guidance in creating a retirement plan that aligns with your future lifestyle aspirations and financial objectives. Our approach includes assessing your current financial situation, estimating future needs, and devising a strategy to ensure a comfortable and secure retirement.
Estate Planning: Ensuring your assets are appropriately managed and distributed in line with your wishes is a vital part of financial planning. We offer estate planning services that include advice on wills, trusts, and the effective transfer of assets to beneficiaries, while minimizing tax implications and legal complexities.
Risk Management and Insurance Planning: We understand the importance of protecting your assets and income against unforeseen circumstances. Our team provides advice on appropriate insurance coverage, including life, health, disability, and property insurance, ensuring you and your family are safeguarded against potential financial risks.
Financial Counseling and Education: In addition to providing specific financial services, we believe in empowering our clients with knowledge and understanding. We offer financial counseling and educational resources to help you make informed decisions and understand the financial strategies implemented in your plan.
Customized Service Approach: At Direct Wealth, we recognize that each client’s financial situation and goals are unique. Therefore, our services are highly customized. We engage in a collaborative process, involving detailed consultations and regular reviews, to ensure that your financial plan evolves with your changing needs and circumstances.
Please note that the above list is not exhaustive and we may offer additional financial services as required. Each of these services is subject to the terms and conditions outlined herein and any other agreements or documents that are part of our engagement with you.
In providing our services, we are committed to upholding the highest standards of professionalism, integrity, and ethical conduct. We strive to deliver services that not only comply with the legal and regulatory requirements but also exceed your expectations in achieving your financial aspirations.
3. Compliance with Australian Law
At Direct Wealth Financial Planning Services, we are fully committed to conducting our business in strict compliance with all applicable Australian laws and financial regulations. This dedication to legal adherence is a cornerstone of our professional ethos and is integral to the trust and confidence our clients place in us.
Adherence to Financial Laws and Regulations: Our services are designed and delivered in accordance with the Australian Securities and Investments Commission (ASIC) guidelines, the Corporations Act, and other relevant financial services legislation. We ensure that our practices are up-to-date with the latest regulatory changes and industry standards.
Licensing and Registration: Direct Wealth operates under the necessary licenses required for financial planning and advisory services in Australia. Our advisors are appropriately qualified and registered with the relevant Australian authorities, ensuring that they meet the professional standards required to provide financial advice.
Client Protection Laws: In alignment with Australian consumer protection laws, we are committed to transparent and fair dealings with all our clients. This includes providing clear, accurate, and timely information about our services, fees, and any potential conflicts of interest.
Data Protection and Privacy: We comply with the Australian Privacy Principles as outlined in the Privacy Act. This includes responsible handling, storage, and protection of personal and financial information provided by our clients. We respect your privacy and are committed to safeguarding your personal data against unauthorized access or disclosure.
Ethical Standards: Beyond legal compliance, we uphold high ethical standards in all our operations. This includes acting honestly, fairly, and in the best interests of our clients at all times. We are dedicated to maintaining the integrity and professionalism expected of a leading financial planning service provider in Australia.
We regularly review and update our policies and practices to ensure ongoing compliance with Australian law. This commitment to legal and ethical conduct not only ensures that we operate within the bounds of the law but also fosters a culture of trust and reliability that benefits our clients and the broader financial community.
As our client, you can be assured that your financial affairs are being managed in a manner that is not only professionally competent but also legally sound and ethically robust.
4. Client Responsibilities
At Direct Wealth Financial Planning Services, we are committed to providing high-quality, personalized financial advice and services. However, the effectiveness of our services also depends on the active and informed participation of our clients. As such, there are several key responsibilities that you, as our client, are expected to fulfill:
Provision of Accurate and Complete Information: To ensure that our financial advice and planning services are as effective and tailored as possible, it is crucial that you provide us with accurate, complete, and up-to-date information about your financial situation. This includes details about your income, expenses, assets, debts, insurance policies, estate plans, and investment preferences.
Notification of Changes in Financial Status or Goals: Your financial situation and goals are likely to evolve over time. It is your responsibility to inform us promptly of any significant changes such as a change in employment, income, family circumstances (like marriage, divorce, or the birth of a child), or a shift in your financial objectives and risk tolerance. Timely updates allow us to adjust your financial plan and advice accordingly.
Review of Financial Statements and Documents: We will provide you with various financial statements, plans, and documents that require your review. Please read all documents carefully to ensure they align with your expectations and understanding. Your prompt feedback or queries on these documents is essential for mutual clarity and progress.
Understanding Risks: While we strive to provide you with the best possible financial advice, it’s important to acknowledge that all investments carry a degree of risk. We encourage you to thoroughly understand the potential risks and rewards associated with any recommended financial strategy or product.
Decision Making: Ultimately, the decisions regarding your finances are yours to make. Our role is to provide guidance and recommendations based on our expertise and your stated goals. You should make financial decisions only after considering the advice provided and ensuring that it aligns with your objectives and comfort levels.
Engagement in the Financial Planning Process: Active participation in the financial planning process is key to achieving your financial goals. This includes attending scheduled meetings, responding to communications in a timely manner, and providing feedback or asking questions whenever necessary.
Compliance with Terms and Agreements: As a client, you agree to adhere to the terms of any agreements you enter into with Direct Wealth, including this Terms and Conditions document, as well as any other service-specific agreements related to your financial planning.
By fulfilling these responsibilities, you help create a solid foundation for our professional relationship and enable us to provide you with more effective and customised financial planning services. It is through this cooperative effort that we can best navigate your path to financial security and success.
5. Privacy Policy
At Direct Wealth Financial Planning Services, we understand the importance of privacy and are committed to maintaining the confidentiality and security of our clients’ personal and financial information. Our Privacy Policy, in compliance with Australian privacy laws, is designed to inform you about our practices regarding the collection, use, and protection of your personal information.
Collection of Personal Information: We collect personal information that is necessary to provide you with our financial planning services. This may include your name, contact information, date of birth, employment details, financial information such as income, assets, liabilities, and other relevant details. Information may be gathered through our interactions with you, such as meetings, phone calls, emails, and through our website.
Use of Personal Information: The personal information we collect is primarily used to tailor our financial planning and advice services to your specific needs. It also assists in managing our business operations, including client communication, compliance monitoring, and improving our services. We may also use your information to inform you of additional services or opportunities offered by Direct Wealth that may be of interest to you.
Disclosure of Personal Information: Direct Wealth respects the confidentiality of your personal information and does not disclose it to third parties except as required or permitted by law, or with your explicit consent. Situations where information may be shared include disclosures to regulatory bodies, auditors, or service providers who assist us in delivering our services to you. In such cases, we ensure that these parties are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Data Security and Storage: We take reasonable steps to protect your personal information from misuse, loss, unauthorized access, modification, or disclosure. This includes both physical and electronic security measures. Your personal information is stored securely and is only accessible by authorized personnel.
Access and Correction of Personal Information: You have the right to access the personal information we hold about you and request corrections if you believe the information is inaccurate, incomplete, or outdated. To access or update your information, please contact us using the details provided on our website or through your usual Direct Wealth representative.
Privacy Policy Updates: Our Privacy Policy may be updated from time to time to reflect changes in our practices or the law. We encourage you to review our Privacy Policy periodically to stay informed about how we are protecting your personal information.
Contacting Us: If you have any questions or concerns about our Privacy Policy or the handling of your personal information, please contact us. Our contact details are available on our website, and we are committed to addressing your concerns promptly and transparently.
Your privacy is of utmost importance to us, and we are dedicated to upholding the trust you place in us by handling your personal information responsibly and respectfully.
6. Intellectual Property
At Direct Wealth Financial Planning Services, we take great pride in the creation and provision of a wide range of financial planning materials, tools, and resources. We wish to emphasize that all such content and materials are the intellectual property of Direct Wealth and are protected under Australian intellectual property laws.
Scope of Intellectual Property: The intellectual property includes, but is not limited to, all advice given, reports generated, financial plans created, as well as any other documents, tools, or materials provided to you during the course of our service. It also encompasses our website’s content, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, which are owned, controlled, or licensed by Direct Wealth.
Use of Intellectual Property: The intellectual property is made available to you for your personal, non-commercial use in managing your financial affairs. You agree not to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our content for any commercial purpose without express written consent from Direct Wealth. This includes the use of our name, logos, or other trademarks without prior written permission.
Protection and Enforcement: The intellectual property rights are actively protected and enforced by Direct Wealth. Any unauthorized use, reproduction, or distribution of our materials may be subject to legal action and prosecution to the fullest extent permitted by law. This ensures that the quality, integrity, and reputation of Direct Wealth’s services and materials are maintained.
Client Contributions: If you, as a client, contribute to any content or materials during our financial planning sessions or interactions (such as suggestions, ideas, or feedback), you grant Direct Wealth a perpetual, irrevocable, royalty-free license to use these contributions for any purpose, without compensation or acknowledgment.
Third-Party Content: Our services may, from time to time, incorporate or offer content, products, or services from third parties. The use of such third-party content may be subject to separate terms and conditions provided by these third parties, and Direct Wealth does not claim any intellectual property rights over such content.
Modifications and Updates: We reserve the right to modify, update, or discontinue any of our content or services at any time, without notice. This is part of our commitment to continuous improvement and adaptation to the evolving financial landscape.
In summary, respecting the intellectual property rights of Direct Wealth is crucial. We are committed to providing you with high-quality, professional financial planning services, and the protection of our intellectual property is essential in maintaining the standard of these services.
7. Limitation of Liability
Direct Wealth Financial Planning Services, trading as Direct Wealth Pty Ltd, applies the utmost care and professionalism in delivering financial advice and services. However, it is important for our clients to be aware that there are inherent risks in financial planning and investment, and the performance of financial assets can be unpredictable.
Service Availability and Guarantee:
- We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
- We do not warrant that the results obtained from the use of the service will be accurate or reliable.
- You acknowledge that we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
- Your use of, or inability to use, the service is at your sole risk. All services and products delivered to you are provided ‘as is’ and ‘as available,’ without any express or implied warranties or conditions of any kind, including those of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Scope and Limitation of Liability:
- Our liability in connection with the services provided is limited to the extent permitted by Australian law.
- We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, opportunity, or data, arising from your use of our services.
- This includes any damages arising from market volatility, economic conditions, or changes in law and market conditions that affect the advice provided.
- We are not liable for losses that result from your reliance on financial advice based on incomplete, inaccurate, or outdated information you provide.
- Direct Wealth maintains professional indemnity insurance as required by law, offering an additional layer of protection for clients.
Client’s Responsibility and Limitation Period:
- It is your responsibility to understand the risks associated with financial decisions and to make informed decisions based on the advice provided.
- We recommend obtaining independent legal, tax, or other professional advice as necessary.
- Any claim or action related to the use of our services or these Terms and Conditions must be commenced within one year after the claim or cause of action arises.
Jurisdictional Limitations:
- As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
This limitation of liability reflects the shared responsibility between Direct Wealth and our clients in the financial planning process. We are committed to providing high-quality services while managing the risks inherent in financial planning and advice.
8. Indemnification
You agree to indemnify, defend and hold harmless Direct Wealth Pty Ltd trading as Direct Wealth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. Dispute Resolution
At Direct Wealth Financial Planning Services, we strive to provide the highest level of satisfaction to our clients. However, we acknowledge that disputes may occasionally arise. To address any such disputes in a fair, efficient, and effective manner, we have established the following dispute resolution process, in accordance with Australian law:
Initial Communication and Internal Review: If you have any concerns or issues with our services, we encourage you to first contact us directly. We believe that many disputes can be resolved informally through open and honest communication. Upon receiving your complaint, we will conduct an internal review and attempt to resolve the matter to your satisfaction in a timely manner.
Mediation: If the dispute cannot be resolved internally, the next step is mediation. Mediation is a form of alternative dispute resolution that involves a neutral third-party mediator who helps both parties discuss their issues and negotiate a mutually acceptable solution. Both Direct Wealth and the client agree to participate in the mediation process in good faith.
Arbitration: In the event that mediation does not resolve the dispute, the matter may be referred to arbitration. Arbitration is a more formal process where a neutral arbitrator makes a decision to resolve the dispute after hearing arguments and evidence from both parties. The decision made by the arbitrator will be final and binding on both parties.
Arbitrator Selection: The arbitrator will be selected in accordance with the rules and procedures of a recognized arbitration institution in Australia, or as mutually agreed upon by both parties.
Governing Law: The mediation and arbitration process will be conducted in accordance with the laws of Australia, and the outcome will be governed and interpreted under Australian law.
Confidentiality: Both parties agree to maintain the confidentiality of the dispute resolution proceedings and any settlement achieved, except as required by law or for the purposes of enforcing the settlement.
Continuation of Services: During the dispute resolution process, unless otherwise agreed by both parties, Direct Wealth will continue to provide services to the client as per the existing terms and conditions.
We hope that disputes can be resolved amicably and efficiently, without the need for litigation. Our goal is to maintain a positive and professional relationship with all our clients, even in times of disagreement.
10. Amendments to Terms and Conditions
Direct Wealth Financial Planning Services recognizes that the financial services industry is dynamic and ever-evolving. To ensure that our services remain effective, compliant with legal requirements, and aligned with industry best practices, we may need to update or amend these Terms and Conditions from time to time.
Notification of Amendments: We are committed to transparency and will take reasonable steps to inform you of any significant changes to these Terms and Conditions. This may include sending notifications via email, posting updates on our website, or through direct communication during our regular meetings.
Effective Date of Amendments: Any amendments to these Terms and Conditions will become effective immediately upon being posted on our website or communicated to you, unless otherwise stated. We encourage you to review the Terms and Conditions periodically to stay informed of any changes.
Client’s Acceptance of Amendments: Your continued use of Direct Wealth’s services after any amendments have been made will be regarded as your acceptance of the new terms. If you disagree with the revised Terms and Conditions, you have the right to discontinue using our services. However, it is important to note that any financial planning or advisory services already undertaken by us up to the point of discontinuation will still be governed by the Terms and Conditions in effect at the time those services were rendered.
Implications of Not Accepting Amendments: If you choose not to accept the revised Terms and Conditions and discontinue using our services, please be aware that this may affect the ongoing management of your financial plan or investments. We advise discussing any concerns or questions you may have with your financial advisor to understand the implications fully.
Consultation Process: While not obligatory, Direct Wealth may, at its discretion, involve client feedback or consultation in the process of amending these Terms and Conditions. We value our clients’ input and strive to ensure that our services meet your needs and expectations.
These procedures for amending the Terms and Conditions are designed to ensure that our business adapts to changes in the financial landscape while maintaining a clear and consistent legal framework for our relationship with you as our valued client.
11. Governing Law
The Terms and Conditions set forth by Direct Wealth Financial Planning Services, as well as any agreements or interactions arising from our financial planning services, are governed and interpreted in accordance with the laws of Australia. This section outlines the legal framework that underpins our operations and the relationship with our clients.
Jurisdiction: All matters relating to our services, including but not limited to the use of our website, the engagement of our services, and any dispute or claim arising therefrom or related thereto, will be subject to the exclusive jurisdiction of the competent courts of Australia. This means that any legal action or proceeding arising out of or in connection with these Terms and Conditions must be brought in an Australian court.
Compliance with Local Laws: While Direct Wealth primarily operates under Australian law, it is the responsibility of clients outside of Australia to ensure compliance with their local laws when engaging with our services. Direct Wealth cannot be held responsible for any non-compliance with laws that are not within the jurisdiction of Australia.
Consistency with Australian Legal Principles: Our operations, advice, and services are designed to be consistent with Australian legal principles, including regulations pertaining to financial services, consumer protection, privacy, and data protection. We are committed to conducting our business in a manner that upholds these legal standards.
Binding Agreement: These Terms and Conditions, as governed by Australian law, constitute a binding agreement between Direct Wealth and the client. By accessing and using our services, you agree to be bound by these terms, including the governing law and jurisdiction provisions.
Legal Effectiveness: In the event that any provision of these Terms and Conditions is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving to the maximum extent possible the original intentions of the parties. The validity and enforceability of the remaining provisions shall not be affected or impaired.
This Governing Law section ensures that our professional relationship is established and managed within a clear and defined legal context, providing certainty and security for both Direct Wealth and our valued clients.
12. Severability
13. Contact Information
Direct Wealth Financial Planning Services is committed to maintaining open and transparent communication with our clients. Should you have any inquiries, concerns, or need clarification regarding these Terms and Conditions, or any aspect of our services, we encourage you to contact us using the below methods:
Email: For written inquiries or concerns, you can reach us at using the contact form on our Contact page. We strive to respond to all email communications within 48 hours during business days.
Phone: For immediate assistance or to speak directly with one of our representatives, please call us at 07 3556 9400. Our office hours are Monday to Friday, 9:00 AM to 5:00 PM.
Postal Mail: If you prefer to send us a letter, please address it to 209D Given Terrace, Paddington Qld 4064. This method is suitable for formal communication or document submission.
Feedback and Suggestions:
We value your feedback and suggestions about our services, practices, and communications. Your input is vital in helping us improve and tailor our services to better meet your needs.
Updates to Contact Information:
Please note that our contact information may be updated from time to time. We recommend checking our website or your latest correspondence from us for the most current contact details.
At Direct Wealth, we are here to support you on your financial journey and ensure that your experience with us is positive and rewarding. Do not hesitate to reach out with any questions or concerns – we are here to help.
14. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.