Please review these terms of service carefully.
In order to use the Caddie website or applications (ThinkCaddie.com) as a registered User and to subscribe to the services and products offered by ThinkCaddie Pty Ltd ACN 619 755 985 trading as “Caddie” (referred to as “Caddie”, “our”, “we” or “us”), you must first agree to these user terms and conditions (the Terms) which sets out the relationship between you and us.
Caddie User Terms and Conditions
You agree that the contract between you and Caddie is formed when we communicate acceptance of your offer either by phone or email; this may be in the form of a ‘confirmation of registration’.
These Terms will prevail over any other documentation or communication from you or us.
We reserve the right to change these Terms (and any policies of Caddie) from time to time, and at any time, by giving notice on our Website or by sending you an email (Notice of Variation).
2.2 Agreement to be Bound
If you do not agree to be bound by the varied Terms and Conditions, you may cancel your Subscription by advising us within 30 days of our Notice of Variation. If you cancel your Subscription with us within this 30-day period, you will be entitled to a pro rata refund of that part of our Subscription Fee that relates to the unexpired portion of the relevant Subscription period.
If you do not cancel your Subscription within 30 days of a Notice of Variation from us, you agree to be bound by the Terms and Conditions as varied.
Notwithstanding anything contained in this clause, we do not need to notify you of any variation to these Terms and Conditions to provide for additional types of Membership or additional Services.
For the purposes of these Terms:
- “Business Day” means a day on which trading banks are open for ordinary business in the Australian Capital Territory.
- “Business Plan Subscription” means a Subscription purchased by an employer with multiuser access for its employees and/or contractors.
- “Completed” means the completion of any CPD Content to the necessary extent required to accrue CPD points.
- “CPD Content” means any resource (including Micro CPD) that once Completed, accrues CPD points.
- “Forum” means (includes without limitation); chat areas, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of the Website or Web Portal.
- “Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and “Intellectual Property” has a corresponding meaning.
- “Micro CPD” means CPD Content (specifically, articles published in industry journals, white papers or related research articles relevant to financial advisors) that accrue 0.03 CPD points per Completed article.
- “CPD” means Continual Professional Development.
- “Non-CPD Content” means any resource that is relevant to AFSL holders however does not accrue CPD points.
- “Price” means the price of a monthly subscription, as published by Caddie from time to time. Available at www.thinkcaddie.com/pricing.
- “Registration Information” means the information provided upon registering a User Account not limited to; AFSL License (including the class of licence and any conditions imposed on that licence), any Financial Memberships, address, company, email address and contact number.
- “the Website” means /thinkcaddie.com and all webpages with “thinkcaddie.com” as the root domain.
- “User” means any individual or entity that has registered an account with Caddie.
- “User Account” means access to Web Portal via a unique username and password.
4. USER’S OBLIGATIONS AND USER ACCOUNT
4.1 User’s Obligations
You agree to:
- co-operate with us and provide us with any information reasonably required by us to provide you with access to the User Account and all CPD Content and Non-CPD Content;
- register your details with Caddie;
- keep us notified of your AFSL licence including the class of licence and any conditions imposed on that licence;
- keep us notified of your correct name, postal address and any phone or email information; and
- comply with all of these Terms.
4.2 User Account
With respect to your User Account, you warrant and represent that you will:
- only submit accurate and complete Registration Information;
- keep your Registration Information up to date and accurate at all times;
- ensure that any individual using the website or any services provided with your username and/or password is either you or is authorised to act for you;
- choose an appropriate password (having regard to any password criteria posted on the Website);
- not transfer your account to another individual without our consent; and
- notify us of any unauthorised use of your username and/or password or any breach of security in relation to your account which you become aware of.
If you choose to give access to your User Account to third parties, we disclaim any liability in connection with a third party abusing or misusing your User Account (or any information contained therein) as a result of you granting that access.
We disclaim any liability that may arise in connection with you not providing updated or accurate information in relation to your Registration Information.
If the registered User is an organisation and you are registering on behalf of a number of employees, you give the warranties and representations in these Terms on behalf of all such employees.
5.1 Subscription to Caddie
Caddie offers an online platform for users to access CPD Content and Non-CPD Content and track and manage their training and CPD compliance. For the purposes of these Terms only this online platform (or any other product or application providing similar access and management rights) is known as the “Caddie Web Portal”. For the purpose of these terms a “Subscription” refers to the right to hold and access a User Account for the Caddie Web Portal (or similar product or application) in consideration for the Price during the relevant subscription period.
- For example, if you subscribe to Caddie on 4 February 2017, for the period between 4 February 2017 and 3 March 2017, your subscription is free of charge. If you continue to subscribe to Caddie, then you must pay the Price on 4 March for the period of use for 5 March to 3 April. If you continue to subscribe, you must then pay the next instalment of the Price on 4 April (for the period 4 April to 3 May), etc.
- For example, if you subscribe to Caddie on 4 March 2017 then your automatic renewal date will be 3 April 2017 (and 3 May 2017) and so on.
The fee payable for the Subscription is only for Caddie’s tracking of CPD point accrual. No portion of the Price is payable for access to any of the CPD Content or Non-CPD Content. Caddie does not charge for access to any of the CPD Content or Non-CPD Content.
A subscription period is the equivalent of 1 calendar month (“the Subscription Period”).
You agree to pay us the Price for the Subscription Period at the commencement of each month. The first 30 days of your subscription are free. If you continue to subscribe, the first instalment is due 30 days from the date of your application for a Subscription, with each subsequent payment due on the same date in each calendar month you continue to subscribe to Caddie.
Caddie may at its discretion, enter into individual payment plans with small teams or enterprise businesses.
The date of your application for a Subscription will be the “automatic renewal date” in each subsequent month.
5.2 Payment Terms
All prices appear in Australian Dollars (AUD) and are exclusive of any taxes that may apply (unless otherwise specified).
- you are authorised to use the credit card to make the payment;
- that the payment will be honoured by the card issuer; and
- you will maintain sufficient funds in the account to cover the Price for the Subscription Period.
- payments are fully automated with an immediate response;
- your complete credit card number cannot be viewed by us or any outside party;
- all transactions are performed using TSL 1.2;
- all card numbers are encrypted for storage within bank-grade data centres, further protecting your credit card data;
- Stripe has been audited by a PCI-certified auditor and is certified to PCI Level 1 Service Provider being the most stringent level of certification available in the payments industry; and
- Stripe are authorised third party processors for a large range of clients.
You are not entitled to set off the Price against any sums owed or claimed to be owed by us to you.
Payment is accepted via credit card only. You warrant that:
You authorise Caddie to retain your payment details and debit future payments of the Price directly from your credit card.
We will do everything reasonably necessary to ensure that your credit card details are stored securely.
Should your credit card expire during the Subscription Period, you must inform Caddie of your updated details.
If we cannot debit payment on the due date, you agree to pay all amounts due immediately upon demand.
If any attempt to debit the monthly instalment of the Price is declined, we may make three (3) further attempts within the following five (5) days to debit the monthly instalment of the Price due. If the transaction is declined after the fourth time, we reserve the rights to suspend or cancel your Subscription until we receive payment.
We use Stripe payment gateways for our online credit card transactions. All online credit card transactions performed on the Website or through the Caddie Web Portal are secured payments. The following information applies to payments received by us through the Website or the Caddie Web Portal:
If you have any questions about security of payment, please email us at [email protected]
5.3 Automatic Renewal
Subject to subclauses 5.3(b) and 5.4, your Subscription will be automatically renewed for a further Subscription Period of one (1) calendar month on the automatic renewal date and you will be liable to pay the Price for the further month in accordance with subclause 5.1(c).
If your Subscription is renewed, we reserve the right to change the Price for the further Subscription Period to align with the then-current Price. We will email or post you notice of any change to the Price to the last known address in our records at least thirty (30) days prior to the change taking effect.
5.4 Cancellation & Reinstatement
You can cancel your Subscription at any time by providing us with notice that you do not want to renew. You can do this by logging into your User Account and changing your subscription preferences.
If you cancel your Subscription prior to the automatic renewal date, you will still be liable to pay the remainder of the Price for the relevant Subscription Period and Caddie will debit the outstanding amount for the balance of your Subscription from the payment details provided on your account.
Your subscription will be cancelled from the day immediately prior to your next automatic renewal date (the cancellation date). If your subscription is cancelled, you will have the option of logging into your User Account, renewing your subscription and viewing your CPD history. You will not be able to earn or log any new CPD points or amend your profile information (except for payment information).
If, after you have cancelled your Subscription, you want to reinstate your Subscription you can do so by emailing [email protected], or by applying for a new Subscription on the Website.
6. REFUND POLICY
We do not give refunds if you simply change your mind or make the wrong decision in purchasing a Subscription to Caddie.
7. CPD POINTS ACCRUAL
7.1 User Warranties
When logged into your User Account, you warrant that:
- any CPD Content completed and lodged against your User Account is completed by you;
- your answers to any quizzes, tests, exams, projects is your own work;
- you will not make solutions to any quizzes, tests, exams or projects available to anyone else;
- you will not engage in any other activities that will dishonestly increase your CPD points; and
- if you become aware of any error relating to your CPD point accrual or any training completed, you will notify us immediately.
If you have breached any of these Terms, in particular any of the warranties set out in clause 7.1(a), you indemnify us against all claims by any third party in respect of any matter arising from your CPD recognition.
7.2 Third Party CPD Point Accrual
You warrant that any Third Party CPD Points lodged on your User Account was completed by you and all information uploaded is a complete, honest and accurate record of your CPD transactions.
You indemnify us against all claims by any third party in respect of any matter arising from any Third Party CPD Points recorded against your User Account.
7.3 Third-Party Websites
8. USER CONTENT
8.1 Your CPD Date
While you hold a valid Subscription to use the User Account, you are entitled to sync and download your data from the Website, the Caddie Web Portal and your User Account.
If your subscription is cancelled, you will have the option of logging into your User Account, renewing your subscription and viewing your CPD history. You will not be able to earn or log any new CPD points or amend your profile information (except for payment information)You may apply to Caddie for a downloaded copy of the data after your Subscription expires or is cancelled, but Caddie reserves the rights to charge you a fee for that access.
We may (in our absolute discretion) destroy your data and remove your viewing access to the Caddie Web Portal and User Account, thirty (30) days after your subscription expires.
8.2 No Modification of Data
8.3 Hosting or Creating Content
Any entity that hosts or creates CPD Content or Non-CPD Content on the Caddie Web Portal will have the choice of deciding whether the Non-CPD Content is made available to all Caddie users or only to the entity and their employees.
You agree that all content you host or create must remain on the Caddie Web Portal for a period no less than twelve (12) months, and you grant us a non-exclusive, non-transferable right to display the content on the Caddie Web Portal only for that period.
There is no assignment of any Intellectual Property Rights in the content you host or create.
You indemnify us against any claim by any user or third party in respect of any content you host or create on the Caddie Web Portal.
9. FORUM USE AND CPD/NON-CPD CONTENT
9.1 Forum Use
If you participate in any Forum within the Website or the Caddie Web Portal, we are not responsible for the content or opinion posted or sent by users in any Forum. You acknowledge that:
- you take the responsibility for postings under your username;
- you use the information provided in the Forums at your own risk;
- anything you submit is routed through our servers and therefore, you have no expectation of privacy with regard to any such submission;
- we do not guarantee and are under no obligation to take action in response to any suggestions or requests placed by any person within the Forum;
- the Forums and features on the Website and the Caddie Web Portal are public and should not be used for private communications; and
- any personal information you give out in the Forum can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose in the Forums; you make such disclosures at your own risk.
- post, distribute, or otherwise make available or transmit any data, text, or message, that Caddie deems to be:
- defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
- bigoted, hateful, or racially offensive;
- vulgar, obscene, or sexually explicit (language or images); or that
- encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that
- infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any Forum;
- advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum within the Website or the Caddie Web Portal for commercial purposes of any kind;
- impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; or
- engage in antisocial, disruptive, or destructive acts or behaviour, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the internet.
- remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Terms;
- remove messages, emails, or postings that do not pertain to the designated topic or theme of the Forum;
- comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website or the Caddie Web Portal in violation of the law;
- ither via staff posting or otherwise, initiate any discussion based on feedback from users; or
- otherwise remove or edit content from any Forum at any time and for any reason (although we have no duty to do so).
In relation to any use of any Forum and any CPD Content or Non-CPD Content you upload onto the Website or the Caddie Web Portal you also agree not to do any of the following:
We reserve the right to:
Information obtained in a Forum may not be reliable, and we do not recommend that you take any action, including to trade or make any investment decisions, based on information you cannot confirm. We are not responsible for the content or accuracy of any information, and shall not be responsible for any decisions you make based on such information.
9.3 Licence of Intellectual Property
In relation to any content posted by you on any Forum, you grant Caddie a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any Intellectual Property in any content that you post on or in connection with Caddie.
This clause 9.3 survives the termination of these Terms.
10. INTELLECTUAL PROPERTY
10.1 Caddie Material
By entering into a Subscription with Caddie:
- we grant to you (and your employees if you have purchased a Business Plan Subscription) a limited, revocable right to access the Caddie Web Portal and any CPD Content and non-CPD Content therein for personal, educational purposes only and not for any commercial purpose;
- you acknowledge that the Website and the Caddie Web Portal and all related content are subject to copyright and other Intellectual Property Rights;
- you agree not to alter, modify, use or create derivative works from the CPD Content and Non-CPD Content, and you agree not to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, any such work;
- you agree not to use any automated scripts or “robots” or hearing or listening or recording devices to access, copy or manipulate any CPD Content or Non-CPD Content;
- you agree and acknowledge that the copyright in any CPD Content and Non-CPD Content remains with the authors and copyright of the recording of any CPD Content and Non-CPD content is owned (or licenced) by us;
- we (or our licensors) retain all right, title, and interest in the Website, the Caddie Web Portal and all related content, and nothing you do on or in relation to the Website, the Caddie Web Portal or the User Account will transfer any Intellectual Property Rights to you; and
- except as provided in these terms and conditions, permission to reprint or electronically reproduce information on the Website or the Caddie Web Portal (whether in whole or in part) for any purpose is expressly prohibited, unless it is for your personal educational use or you obtain our prior written consent.
This clause 10 survives the termination of these Terms.
If we suspect you are violating any of these Terms or engaging in any unlawful behaviour we may (in our absolute discretion):
- suspend your access to the Website and/or the Caddie Web Portal; and/or
- suspend your access to your User Account;
- terminate your access to the Website and the Caddie Web Portal;
- terminate your Subscription;
- terminate access to your User Account; and/or
- block future access to the Website, the Caddie Web Portal and your User Account,
with immediate effect.
If we suspend your access pursuant to clause 11.1(a), we reserve the right to investigate any potential or actual violation of these Terms and the right to investigate any potential or actual unlawful behaviour. We will give you written notice within seven (7) days of your suspension setting out the detail of any investigation or reasons for the suspension and we will allow you three (3) Business Days to remedy any violation of these Terms or unlawful behaviour or provide evidence that there has been no violation of these Terms or unlawful behaviour.
Even if we do not suspend your access pursuant to clause 11.1(a), we will give you written notice setting out your alleged violation of these Terms and we will allow you three (3) Business Days to remedy that violation or provide evidence that there has been no violation of these Terms.
If you fail to remedy the violation of Terms or unlawful behaviour in the time allowed (or if you fail to provide evidence that there has been no violation or unlawful behaviour) then we may:
with immediate effect.
You acknowledge that you have the onus of demonstrating that you have not violated these Terms or have not engaged in an unlawful behaviour pursuant to this clause 11.1.
In the event of termination pursuant to clause 11.1(d), you will still be liable to pay the remainder of the Price for the relevant Subscription Period and Caddie will debit the outstanding amount for the balance of your Subscription from the payment details provided on your account.
12.1 Reservation of Rights
We reserve all of our rights to recover any loss or damage incurred as a result of your breach of these Terms.
You agree to indemnify and hold us harmless for any claims for loss or damage suffered by any person arising out of your breach of these Terms, including but not limited to:
- your failure to obtain proper authority to obtain, collect or submit any personal information to us;
- your failure to follow the instructions for the Website or the Caddie Web Portal, or any misuse of the CPD Content, Non-CPD Content, the Website or the Caddie Web Portal;
- your failure to provide us with true and accurate information; and
- granting any third party access to your personal information.
13. LIMITATION OF LIABILITY
In no event will Caddie be liable (including liability for negligence) for any loss or damage (including death, personal injury, or property loss or damage) whatsoever arising out of:
- a person’s reliance upon the material contained in the Website, the Caddie Web Portal or any other information incorporated by reference;
- a person’s use of, access to or inability to use or access the Website, the Caddie Web Portal or any internet website linked to the Website, the Caddie Web Portal or the User Account;
- the purchase of any Subscription from us; or
- a person’s use or misuse of any Subscription purchased from us.
13.2 Implied Terms and Limitations
To the extent permitted by law, Caddie specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to these Terms, including, without limitation, any warranty that the services provided under these Terms are fit for a particular purpose. You acknowledge that you have exercised and relied upon your own skill in determining whether the services provided under these Terms meet your particular requirements, and that you have not relied on any statement or representation made on behalf of Caddie.
13.3 No economic loss
We will not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit or other economic loss suffered by you (or a third party) howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
You warrant that you have the authority to obtain, collect, and submit any personal information delivered to us in connection with the use of the Website, the Caddie Web Portal, your User Account or the purchase of Subscriptions from us.
15. ADDITIONAL PROVISIONS
15.1 Entire Agreement
- are the entire agreement of the parties concerning everything connected with the subject matter of these Terms; and
- supersedes any prior representations, statements, promises or understanding on anything connected with that subject matter.
15.2 No waiver
- Any delay or failure to enforce any term of these Terms will not be deemed to be a waiver.
- There is no implied waiver by either party in respect of any term of these Terms and any waiver granted by either party shall be without prejudice to any other rights.
- Any waiver must be in writing and does not cover subsequent breaches of the same or a different kind.
- A waiver by a party of its rights under these Terms is only effective in relation to the particular obligation or breach in respect of which it is given.
15.3 No Assignment
- You must not assign any of your rights under these Terms to any person without our written consent. Any such consent may be given or withheld in our absolute discretion.
- We may assign any of its rights under these Terms to any person by written notice to you.
If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
15.5 Governing law
You agree that all matters relating to the use of the Website, the Caddie Web Portal and purchase of any Subscription from us, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.
The GeoNames service is made available to you under the Creative Commons 3.0 attributions licence (https://creativecommons.org/licences/by/3.0/au/legalcode). By using the GeoNames service and any data or information accessed from GeoNames, you also agree to be bound by the GeoNames terms and conditions, http://www.geonames.org/export/#terms
- ASIC Financial Advisers Dataset
Australian Financial Services Licensees are required to keep the details of their financial advisers up to date on ASIC’s Financial Advisers Register. Information contained in the register is made available to the public to search via ASIC’s Moneysmart website, and as a dataset from www.data.gov.au/
The ASIC Financial Advisers Dataset is made available to you under the Creative Commons 3.0 attributions licence (https://creativecommons.org/licences/by/3.0/au/legalcode). Additional information about financial advisers can be found via ASIC’s website, http://www.asic.gov.au/
15.7 Contact Us
If you have any questions regarding the Terms or your Subscription, please contact us by visiting our website at thinkcaddie.com or at:
Caddie Pty Ltd
Phone: (02) 6100 1385
Email: [email protected]
Post: Unit 5, 27 Napier Close
Deakin ACT 2600