Terms and Conditions

1. SMSF Engine

SMSF Engine Pty Ltd is owned by Sequoia Financial Group (ASX:SEQ).

2. Acknowledgement

You acknowledge and agree that:

• Computer and telecommunications services are not fault free and occasional periods of downtime may occur; and
• We may suspend or terminate your access, or the access of any Authorised User, to the Platform and/or the Website at any time and without any liability to you if we believe that either you or an Authorised User is in breach of these terms, or if we suspect your SMSF Engine Account has been compromised or accessed by any unauthorised third party.

3. Application

3.1 Acceptance

• The Website and the Platform are available subject to these Terms. If you access or use the Website and the Platform you accept these Terms.
• These Terms are a legal document intended to bind Users and you are encouraged to seek independent legal advice regarding your obligations under these Terms.

3.2 Policies

• You accept these Terms and each Policy on each occasion you access the Platform and/or the Website and/or each time you provide instructions to us.
• Each Policy is incorporated into these Terms and forms part of them.

3.3 No Warranty

No warranty is given:

• As to the currency, accuracy, adequacy, or completeness of material on the Website or the Information, which may be changed without notice at Our discretion;
• That the Website will be free from typographic errors, viruses or other harmful applications, or that access to the Website will be uninterrupted.

3.4 Links

The Website may contain links to third-party websites and resources. Linked sites are provided solely as a convenience to you and not as an endorsement by Us.

We make no representation or warranty regarding the availability, correctness, accuracy, performance, or quality of any linked site or its content.

3.5 Amendment

• We may from time to time and without Notice modify, alter, amend or withdraw any part of these Terms or any Policy; or any part of the Services, the Platform and/or the Website.
• We will use reasonable endeavours to notify you of any changes. Your continued use of the Website or Platform implies acceptance of the updated Terms.

3.6 Terms Apply

These Terms apply if you:

• Access or use the Website or the Platform;
• Hold a SMSF Engine Account;
• Request services via any medium or provide instructions to us;
• Communicate with us in any form or accept these Terms on the Platform or Website.

3.7 Conditions of Sale

• All Products provided in relation to a Service are based on your instructions. You must ensure all order details are accurate and appropriate for your or your client’s needs.
• All documents forming Products are in a standard form. If a different form is needed, you must notify us, and additional fees may apply.
• Changes to documents due to your errors or amended instructions may also incur additional fees.
• We reserve the right to accept or reject any request for Services, including based on errors in descriptions, availability, or pricing.
• You must inspect Products promptly and notify us within 5 Business Days of any issues. If not, Products will be deemed accepted.

3.8 Information

You must provide complete and accurate information for any Services requested. You agree that:

• The Products will be prepared according to the information you provide;
• You are solely responsible for all information used in the Product;

4. Warranties

If you request Services for a client or third party, you warrant that:

• You have authority to enter and perform under these Terms;
• You have the client or third party’s written authorisation;
• You are authorised to provide any Personal Information to us;
• You have consent to submit transactions to ASIC, the ATO, or any other provider;
• You own or have the right to use all Data provided to us;
• The Data is true, complete, accurate, and provided with appropriate authority;
• You and your Authorised Users are authorised to accept and bound by these Terms.

5. SMSF Engine Accounts

5.1 Obligations

You agree not to:

• Create more than one account or provide false details;
• Allow unauthorised access to your or your Authorised User’s accounts;
• Transfer login details or allow others to use them;
• Upload harmful content or disrupt the Platform/Website;
• Fail to update your account information or security credentials;
• Fail to notify us of suspected breaches or unauthorised access.

5.2 Authorised Users

If you hold a SMSF Engine Account, you must ensure:

• Authorised Users comply with all Terms and Policies;
• You are responsible for any actions or purchases made by them;
• You are liable for any loss resulting from breaches by Authorised Users.

5.3 Establishment of Accounts

• You must properly establish an Account to access Services;
• Improper setup may result in limited or no access to Services;
• We are not liable for loss due to improper account setup.

5.4 Requests

Even without an account, by requesting Services, you:

• Accept these Terms;
• Must follow our reasonable instructions;
• Must not use or reproduce our Intellectual Property without permission.

6. Licence

6.1 Licence granted by You

• You grant us an irrevocable, perpetual, worldwide, sub-licensable, royalty-free licence to any Data you provide, for the purposes of processing, analysis, service delivery, interaction with Service Providers, and storage.
• You retain title to your Data. We do not own any Intellectual Property Rights in the Data you provide.

6.2 Licence granted to You

• With an active account, you receive a revocable, non-exclusive, non-transferable Licence to access the Platform and/or Website.
• You must:
  1. Ensure Authorised Users use the Platform in good faith;
  2. Follow our directions regarding usage;
  3. Protect our Intellectual Property;
  4. Keep account access credentials secure;
  5. Report security breaches and cooperate in remediation.
• You must not:
  1. Allow third-party development on the Platform;
  2. Interfere with Platform operation;
  3. Grant access to anyone other than your Authorised Users;
  4. Reproduce Products without permission;
  5. Reverse-engineer or decompile any part of the Platform or Website.

7. Our Responsibilities

7.1 General

• We will give reasonable notice of issues affecting service delivery, including scheduled maintenance.
• We facilitate storage and hosting of your Data.

7.2 Data

• We treat your Data as Confidential Information.
• We use your Data only as outlined in our Privacy Policy and for our legitimate business purposes.
• We use best-practice technical measures to protect your Data.
• We will notify you of any misuse, loss, or required disclosure of Data.
• We may disclose your Data to our Service Providers or in corporate transactions like mergers or reconstructions.

8. Intellectual Property

8.1 Copyright

All content on the Platform and Website is protected under the Copyright Act 1968 (Cth) and related laws. Reproduction, distribution, or transmission without written permission is prohibited.

8.2 General

• Each party retains ownership of its pre-existing IP rights.
• We own all IP in the Platform, Website, Services, and Products.
• You are not entitled to reproduce our Products without permission.

8.3 Improvements

All Intellectual Property Rights in changes, improvements, or additions to our systems or services, even if suggested by you, are owned by us.

9. Fees and Payments

9.1 Changes to Fees

While we aim to keep published Fees up to date, Fees may change without notice.

9.2 Fees

• You must pay us all applicable Fees for Services provided.
• We may require payment in advance.
• We will issue valid tax invoices for all fees payable.

9.3 Failure to Pay

If you fail to pay on time, we may:

• Suspend your or your Authorised Users’ access;
• Charge interest on overdue amounts;
• Charge reasonable administrative fees;
• Lodge a credit report;
• Recover costs including legal and court costs.

9.4 Disputed Fee

• If you dispute an invoice, pay the undisputed amount and notify us of the dispute within 7 days.
• If unresolved within 7 days after our response, the dispute may be referred to a mediator whose decision is binding.

9.5 GST

• All Fees are in AUD and inclusive of GST unless stated otherwise.
• If GST applies and is not included, we may recover the GST amount from you.

10. Confidentiality

10.1 Confidential Information

Each party must:

• Not disclose Confidential Information;
• Only use it to deliver or receive Services;
• Ensure Representatives also comply.

10.2 Disclosure Exceptions

• Disclosures allowed by Law or necessary for service delivery;
• To Service Providers under same confidentiality obligations;
• For quality assurance, legal advice, or if already public knowledge.

10.3 Other Uses

• We or our related businesses may offer additional services (e.g., insurance, web, banking).
• We may seek your consent to use your Confidential Information for these offers.

11. Termination

11.1 Termination by You

You may terminate this agreement at any time by providing notice to us.

11.2 Termination by Us

We may:

• Cease providing Services to you at any time for any reason;
• Terminate the agreement by giving you notice.

11.3 Effect of Termination

• You must cease using our Services and instructing us;
• We may retain or destroy your Data lawfully;
• You must pay all outstanding Fees;
• You must destroy any Confidential Information received;
• Rights and liabilities accrued up to termination survive.

12. Indemnity

12.1 Your Indemnity

You indemnify us against any Loss arising from or in connection with:

• Your use of the Platform and/or the Website;
• Breach of these Terms by you, your Authorised Users or Representatives;
• Negligent acts or omissions by you or your team;
• Uploading harmful content to our systems;
• Failure to comply with any Law;
• Claims by your clients resulting from Services provided by us to you.

12.2 Economic Loss

• We are not liable for Economic Loss related to use of the Platform, Website, Services, or Products;
• If Services are provided on behalf of your client, you acknowledge the client is not our client;
• We exclude liability for any Claim brought by third parties based on your use of our Services.

12.3 Limit of Liability

• The Platform and Website are provided “as is” with no warranty of uninterrupted or error-free operation;
• Our liability is limited to the amount paid by you for the Service or Product in question;
• Our liability is proportionally reduced by your contributory actions;
• We are not responsible for data loss, service failure, or unauthorised access by others using your login.

12.4 Disclaimer

• We do not guarantee the accuracy, completeness, or timeliness of our Website or Services;
• Our content does not constitute legal, tax, or financial advice—seek your own advisors;
• We are not legal or financial advisors, and disclaim all related liability. See our Legal Services Policy.

12.5 Exclusion of Other Terms

• Any implied terms or warranties are excluded unless required by Law;
• Liability under Australian Consumer Law is limited to resupplying the Services or paying the cost to do so.

12.6 Survival

This clause survives the termination of the agreement established by these Terms.

13. Notices

• Notices must be in English, in writing, and legible;
• Must be sent to:
  • Us: info@smsfengine.com.au
  • You: via email or Platform notification
• Deemed received on transmission day if sent by 5:00pm on a Business Day; otherwise the next Business Day.

14. General

14.1 Uncontrollable Event

• We are not liable for breaches caused by events outside our reasonable control, such as natural disasters, strikes, or government actions;
• We will notify you and take steps to mitigate the impact if such events occur;
• You must still pay for Services already delivered.

14.2 Assignment

• We may assign or transfer this agreement without notice to you;
• You may not assign without our written consent.

14.3 General Matters

• These Terms are the entire agreement between us;
• Each party must act to give effect to these Terms;
• Governed by Victorian law—any disputes are subject to Victorian courts;
• Terms survive completion of any transaction or termination of agreement;
• If any term is unenforceable, the rest remain in effect.