Terms Of Use
Website terms
Welcome to Financy. These Terms and Conditions govern your use of our website, the IMPACTER™ platform, and the provision of our consulting services (“Services”). By accessing our website, using our platform, or engaging our Services through a Proposal, you agree to be bound by these Terms.
Part A: General Terms (Applicable to All Services)
Use of Services
1.1. You must use our website and Services in accordance with these Terms. You warrant that you are over 18 and legally capable of entering into a binding contract, or, if under 18, that you have the necessary permissions from a guardian. 1.2. You are responsible for all activity initiated via your registered account (“Account”) and must not use our Services for any unlawful or defamatory purpose. 1.3. You must keep your Account login details secure and notify us immediately of any security breach. 1.4. We may restrict your access to the website or Services or revoke your Account at our discretion if you breach these Terms.
Information and Advice
2.1. Information provided by Financy, including through the Financy Women’s Index, is for informational purposes only and does not constitute financial, legal, or investment advice. You should seek independent professional advice based on your specific circumstances. 2.2. Our website and Services may contain content or opinions from third parties. This content is the sole responsibility of the third party, and its accuracy is not endorsed or guaranteed by Financy.
Liability and Indemnity
3.1. To the extent permitted by law, including the Australian Consumer Law, we exclude liability for any claims or losses connected to your use of our website and Services. Our Services are provided “as is” without warranty that they will be uninterrupted or error-free. 3.2. Our liability to you for any loss or damage is limited to the total fees paid by you for the specific Service in the preceding 12 months. We are not liable for any indirect or consequential loss. 3.3. You indemnify Financy and its personnel from all losses and claims resulting from your breach of these Terms, any applicable law, or any third-party rights. 3.4. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a refund or compensation for a major failure and, for a minor failure, we may elect to re-supply the service or offer a refund.
Part B: Terms for IMPACTER™ SaaS Subscriptions
Subscription and Fees
4.1. Access to the IMPACTER™ platform is offered on an annual subscription basis, with fees set out on our Website or in a specific Proposal. 4.2. We may increase subscription fees annually. Your subscription will automatically renew unless terminated in accordance with these Terms. 4.3. You are responsible for providing accurate and current payment details. If a payment fails, you will be responsible for any resulting bank fees. We may suspend access to the IMPACTER platform for non-payment.
Part C: Terms for Consulting Services (including “IMPACTER + Culture Comms”)
Proposals and Statements of Work (SOW)
5.1. All consulting Services, including the “IMPACTER + Culture Comms” offering, will be detailed in a formal Proposal or SOW provided by Financy. 5.2. Each Proposal will outline the scope of work, project phases, key activities , deliverables (“Outcomes”), timelines, and fees. 5.3. By accepting a Proposal (e.g., via written confirmation), you agree to these Terms and the specifics outlined in that Proposal, which together form the binding agreement.
Fees and Payment for Consulting Services
6.1. Fees for consulting Services will be invoiced as specified in the accepted Proposal (e.g., per phase, monthly retainer). 6.2. Invoices are payable within 14 days of the issue date unless otherwise agreed in the Proposal. We reserve the right to charge interest on overdue amounts. 6.3. All fees are exclusive of GST unless otherwise stated.
Client Responsibilities
7.1. You agree to provide timely and accurate information, data, and access to relevant personnel required for Financy to perform the Services. 7.2. You will provide timely feedback and approvals at each stage of the project to ensure the project remains on schedule. Delays in providing feedback or necessary resources may result in adjustments to the project timeline and costs.
Partners and Subcontractors
8.1. Financy engages a network of trusted partners to deliver our Services. You acknowledge that Financy may use third-party partners and subcontractors, including our trusted creative agency We Are Why, Morpheus Wealth our developer and or your selected other data providers to perform parts of the Services. 8.2. Notwithstanding the use of subcontractors, Financy remains the primary contractor and is responsible to you for the successful delivery of the Services outlined in the Proposal.
Part D: Intellectual Property & Confidentiality
Confidentiality
9.1. Both parties agree to keep confidential all non-public information received from the other party during the provision of Services and to use it only for the purposes of the engagement.
Intellectual Property
10.1. Financy Background IP: Financy retains all rights, title, and interest in its pre-existing intellectual property, including but not limited to the IMPACTER™ platform, its methodologies, frameworks, the Financy Women’s Index, and all content on our website. 10.2. Client Background IP: You retain all rights, title, and interest in your pre-existing intellectual property, including brand assets and data provided to us. 10.3. Project IP: Upon full and final payment of all fees for a consulting project, Financy grants you ownership of the final, tangible deliverables created specifically for you as outlined in the Proposal (e.g., the final “IMPACTER Report,” “Culture Comms Strategy,” and creative campaign assets ). Financy retains the right to use learnings and de-identified data from the project for research purposes and to showcase the work in our portfolio, client testimonials or website, subject to your prior written consent.
Part E: General Legal Clauses
Term and Termination
11.1. Either party may terminate this agreement with 30 days’ written notice. You will be liable for payment for all Services performed up to the date of termination. 11.2. Either party may terminate this agreement immediately by written notice if the other party commits a material breach of these Terms and fails to remedy it within 14 days.
Governing Law
12.1. These Terms are governed by the laws of New South Wales, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of that state.
Changes to Terms
13.1. We reserve the right to update these Terms at any time. The Terms applicable to your subscription or consulting engagement will be those in effect at the time of your subscription renewal or Proposal acceptance.
Questions and suggestions.
If you have questions about this privacy policy, please contact us at admin@financy.com.au