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    Important Information: Disclosure Document and Terms & Conditions

Longevity App  – Important Information – Disclosure Document

Longevity App Important Information – Issued: 11 December 2018

This document is issued by Longevity App Pty Ltd (ABN 13 616 786 960) (“Longevity App”).

This Important Information is to be read alongside the Longevity App Terms and Conditions (“Terms and Conditions”) that comprise the remainder of this document.

The Important Information and Terms and Conditions are given by Longevity App to individuals interested in subscribing to use Longevity App. You should consider the information in this document and the Terms and Conditions before deciding to use the App. The information in this document and the Terms and Conditions is general information only and does not take account of your personal financial situation or needs. You should obtain financial advice tailored to your circumstances before participating in Longevity App.

Variations to Terms & Conditions

Longevity App may, in its sole discretion, unilaterally modify or revise the Terms and Conditions at any time, and by agreeing to the Terms and Conditions you are agreeing to be bound by such modifications and alterations. Longevity App will attempt to notify you of any changes to the Terms and Conditions, via notices by email or on our website. Longevity App will provide an online link to a digital copy of the Terms and Conditions emailed to you free of charge if you email a request to connect@mylongevityapp.com.

Expiry

Your subscription to Longevity App is valid for a period of 12 months commencing from when you set up your Longevity App Account. You can find the date of registration in the welcome email that you receive when you open your Longevity App account, or by contacting us at connect@mylongevityapp.com.

Unauthorised or Mistaken Transactions

Longevity App utilises an external payment agent, and cannot reverse any voluntary super contributions or other payments that have been made through your account. It is generally not possible to reverse a completed payment made into a superannuation account, even if that payment was made by mistake.

If you suspect there has been fraudulent activity on your Longevity App account, you should immediately contact your bank to put a hold to payments from your linked account. You should also notify us as soon as possible at connect@mylongevityapp.com so we can cancel any pending transactions on your account. As stated above, Longevity App does not have the ability to reverse or otherwise prevent fraudulent payments which have been completed on the app.

Longevity App therefore does not have any specific procedure for dealing with mistaken or fraudulent transactions.

Fees and Charges

Type of Fee Amount
Fees when your money moves between your bank account and super account
Transaction Fee Nil
Management fees to make everything work for you
Account Fees Nil
Establishment Fee Nil
Termination Fee Nil
Annual Subscription Fee

or

Monthly Subscription Fee

$19.95

$1.95

Your Annual or Monthly Subscription Fee will be deducted from the direct debit account (“Funding Account”) you register for the Longevity App. Taxes are set out in another part of this document. You should read all the information about fees and costs because it is important to understand their impact on your contributions.

Type of Fee or Cost Amount

  • Establishment Fee (the fee to open your Longevity App account): We do not charge you to set up an account with Longevity App.
  • Transaction Fees (fees to move money around): We do not charge you for individual transaction costs (such as direct debit and BPay charges).
  • Termination Fee (fees to close your Longevity App account): We do not charge you a termination fee if you choose not to renew your subscription or close your Longevity App account.
  • Annual Subscription Fee (the fee to use Longevity App): This fee is direct debited from your Funding Account at the end of your one-month trial period.
  • Other Service Fees: We may charge a fee of up to $25.00 in respect of each document we provide at your request, unless we are legally required to give it to you at no charge. This fee is charged when the document is provided and is deducted from your Funding Account.

GST

The fees and costs in the Fees and Costs table take into consideration the net effect of GST.

Changes to Fees

We will generally provide at least 30 days’ notice in writing of any changes to Fees and Charges. Additional and extraordinary expense recoveries can vary without notice. There is no limit on additional or extraordinary expense recoveries.

Any changes to fees or charges associated with using Longevity App will be made available via our website www.mylongevityapp.com. You will also be notified via the email address you provided to us when signing up for Longevity App.


 

Longevity App  – Terms and Conditions

  1. About the Application
    • Welcome to Longevity App (the ‘Application‘).
    • The Application is operated by Longevity App LTD. (ACN 616 786 960). Access to and use of the Application, or any of its associated Products or Services, is provided by Longevity App. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
    • Longevity App reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Longevity App updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  1. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Longevity App in the user interface.

The Longevity App Terms of Use set out below (the Agreement) govern your use of the Application or website located at http://www.mylongevityapp.com/ (the Website) and form a binding agreement between Longevity App and you in relation to your use of the App and Website.

  1. Variations to Terms & Conditions

Longevity App may, in its sole discretion, unilaterally modify or revise the Terms and Conditions at any time, and by agreeing to the Terms and Conditions you are agreeing to be bound by such modifications and alterations. Longevity App will attempt to notify you of any changes to the Terms and Conditions, via notices by email or on our website. Longevity App will provide an online link to a digital copy of the Terms and Conditions emailed to you free of charge if you email a request to connect@mylongevityapp.com.

  1. Definitions

In this Agreement:

  • in these Terms and Conditions means Australian dollars (AUD) unless stated otherwise
  • agreement means this Direct Debit Request Service Agreement between us and you
  • business day means a day on which banks are open for general banking business in Sydney, Australia except for Saturdays, Sundays, National Public Holidays and Bank Holidays in Australia.
  • debit arrangements means the debit arrangements that apply between us and you as set out in this agreement and the direct debit request
  • debit day means a day that your account is due to be debited by us
  • debit payment means a particular debit from your account
  • direct debit request means the Direct Debit Request made to us by you
  • you and your means the person to whom the services are being provided to by us
  • your account means the Funding Account identified by you in the direct debit request from which you have authorised and requested us to debit funds
  • your financial institution means the financial institution identified by you in the direct debit request which holds your account
  • your superannuation account means the financial institution identified by you which holds your account for retirement savings
  • weusour or Longevity App means Longevity App Pty Ltd (ACN 616 786 960)

 

General Advice Only
While all reasonable efforts have been made to ensure that the information and content contained in this Application is accurate and up to date, the advice provided in this application is general advice only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, financial situation and needs. You should review the Important Information and consider its contents before making any decisions. Where quoted, past performance is not indicative of future performance.

  1. General
    • Longevity App reserves the right to modify, discontinue or disable the Application or any part of the Application (on a permanent or temporary basis) at any time. While Longevity App will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.
    • This page has been prepared by Longevity App Pty Ltd (ACN 616 786 960) for general promotional purposes only and is not an offer to sell or solicitation to buy any financial product. This page has been prepared without taking account of your objectives, financial situation or needs. Consequently, before acting on the information in this page, you should consider the appropriateness of the information in view of your own objectives, financial situation and needs.
    • Longevity App makes no representation and gives no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to investors. Neither Longevity App nor any of its affiliated companies, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits arising in any way from, including but not limited to: (i) the information provided in the Application; (ii) the modification or misuse of information on the Application; or (iii) claims of third parties in connection with the use of this Application.
    • You must not use the Application:
      • to collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
      • for any unlawful purpose.
    • You must not violate or attempt to violate the security of the App or Website. You must not hack into the Website, App, Longevity App ‘s computer systems or the computer systems of other users of the App or Website. “Hacking” means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or Application.
    • If you breach the terms of this Agreement, Longevity App may (at its option, and without limiting the remedies available to Longevity App in any way) terminate its agreement with you or block you from accessing the App or Longevity App on a temporary or permanent basis.

 

  1. Subscription to use the Services
    • In order to access the Services, you must first purchase a subscription through the Application (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘) after a one month trial.
    • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
    • You will be required to register for and set up an account through the Application so that you are able to access the Services (the ‘Account‘).
    • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address

(b) preferred username

(c) a mailing address

(d) a telephone number

(e) a password

(f) banking, superannuation and other financial institution details

  • You warrant that any information you give to Longevity App in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Application (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).
  • You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Longevity App; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  • The Subscription period is for a term of 12 months.
  • The Subscription will automatically renew after 12 months unless you provide us 14 days notice in writing that you wish to terminate your subscription with LONGEVITY APP. This can be done by contacting us at support@mylongevityapp.com
  1. Your obligations as a Member
    • As a Member, you agree to comply with the following:
      • you will use the Services only for purposes that are permitted by:
  1. the Terms; and
  2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Longevity App of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Longevity App providing the Services;
  • you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Longevity App;
  • you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Longevity App for any illegal or unauthorised use of the Application.
  1. Payments
    • All payments made in the course of your use of the Services are made using Moneytech Pty Ltd (‘Moneytech‘). In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Moneytech terms and conditions which are available on their Application.
    • You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
    • Unauthorised or Mistaken Transactions
      • Longevity App cannot reverse any voluntary super contributions or other payments that have been made through your account. It is generally not possible to reverse a payment made into superannuation, even if that payment was by mistake.
      • If you suspect there has been fraudulent activity on your Longevity App account, you should immediately contact your bank to put a hold to payments from your linked account. You should also notify us as soon as possible at support@longevityapp.com so we can prevent any further pending transactions on your account. As stated above, Longevity App does not have the ability to reverse or otherwise prevent fraudulent payments on the app.
  1. Direct Debit Request Service Agreement
    • Debit arrangements
      • By applying for an Longevity App Account, you agree to the terms of this agreement and authorise and request us to debit from your account any amount payable to us by you, including any payable Subscription Fees.
      • If the debit day is not a Business Day, we may debit your account on the next Business Day. If you are uncertain about when a debit payment has been or will be processed, you should contact your financial institution.
      • You must have a direct debit arrangement in place to operate your Longevity App
    • Variation
      • We may vary or cancel the debit arrangements at any time if we have given you at least 14 days’ notice of the variation or cancellation.
      • You may update the direct debit account information at any time through the app (such as changing the account that you wish the direct debit to come from). If you request a variation in the debit arrangements, you may be required to provide verification information again
    • Cancellation
      • If you cancel the debit arrangements with your financial institution, you must make other arrangements with an alternative financial instruction or account and ensure this account is linked into the App.
    • Failed payments
      • If your financial institution does not permit us to process a debit payment on a debit day (whether because there are insufficient clear funds or for any other reason), the following terms apply.
      • We will notify you in writing and we may require you to pay failed payment fees and charges
      • Your financial institution may also require you to pay fees, charges and interest.
    • Notices
      • If you are required or wish to give us written notice in relation to the debit arrangements, contact us at connect@mylongevityapp.com. We will send notices to you by email to the address that you have provided to us.
  1. Your account
    • Direct debiting is not available on all accounts and you should check with your financial institution whether direct debiting is available on your account.
    • It is your responsibility to ensure that the account details provided to us in the direct debit request are correct.
    • If you are uncertain about the debit arrangements, you should check with your financial institution before completing the direct debit page.
    • It is your responsibility to ensure that your account has sufficient clear funds available on a debit day to permit a debit payment to be made in accordance with the direct debit request.
  1. Usernames and Passwords
    • You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on the App or Website. Please notify Longevity App immediately if there is any unauthorised use of your account by any other internet user or any other breach of security.
    • You are responsible for the security of your username and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
  1. Refund Policy

12.1 If you change your mind about using Longevity App, you can ask us to cancel your Longevity App Account (or “cool-off”) within the 30 day trial period that commences from when you receive your email notification confirming the establishment of your Longevity App Account.

12.2 Longevity App will only provide you with a refund of the Subscription Fee at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).

  1. Important Acknowledgements

By applying for use of the Longevity App Account:

  • you consent to receive any and all documents, information, or other communications from Longevity App electronically through the Website, the App, email or otherwise over the internet;
  • you agree and acknowledge that we will use your personal information to send you messages containing important information about your Longevity App These messages are an important part of the service that we provide to you, and will be sent to you as long as you hold a Longevity App Account.
  • you agree and acknowledge to the Important Information, available at www.mylongevityapp.com/termsandconditions;
  • you agree that you will use the Application for all transactions in respect of your Longevity App Account;
  • you agree and acknowledge that you must have a direct debit arrangement in place to use your Longevity App Account;
  • you agree that the Funding Account is, and always will be, an account in your name
  • you represent that your Funding Account is not, and will never be, a credit card, overdraft amount or any other borrowed money; and
  • you agree and acknowledge that you must use the App to connect your Longevity App Account to your Funding Account to make voluntary superannuation contributions;
  • you confirm that any information you enter into the App about your Superannuation Account, will be true, accurate, current, and complete;
  • you agree and acknowledge that you are only allowed to make personal after-tax contributions to your Superannuation Fund account from your Longevity App Account, and not to someone else or on behalf of someone else;
  • you agree and acknowledge that it is your responsibility to report any and all personal after-tax contributions, as required by Australian law;
  • you agree and acknowledge that it is your responsibility to monitor and comply with any contribution caps, as required by Australian law. To the full extent permitted by law, you agree to exclude Longevity App from any and all liability without limitation, where any fees, charges, tax liability or other related expense/s that may arise as result breaching contribution caps;
  • you confirm that any information you enter into the App about your Funding Account and Spending Account/s, will be true, accurate, current, and complete;
  • you agree and acknowledge that nothing in these Terms and Conditions gives you any right to contribute money via Longevity App Account other than by direct debit from your nominated Funding Account in accordance with the Disclosure Document.

 

  1. Copyright and Intellectual Property
    • The Application, the Services and all of the related products of Longevity App are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Longevity App or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by Longevity App, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      • use the Application pursuant to the Terms;
      • copy and store the Application and the material contained in the Application in your device’s cache memory; and
      • print pages from the Application for your own personal and non-commercial use. Longevity App does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Longevity App.
    • Longevity App retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    • You may not, without the prior written permission of Longevity App and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
    • You must not do anything which breaches or otherwise interferes with Longevity App’s intellectual property rights or the intellectual property rights of any of Longevity App’s third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any Longevity App content without the prior written permission of Longevity App or the relevant third party licensor or exploit such contents for commercial benefit.
    • All rights not expressly granted are reserved by Longevity App.
  1. Privacy
    • By using the Application, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
    • By using, and continuing to use, the Website and the App, you authorize Longevity App and its service providers (Service Providers) to access third party websites designated by you, on your behalf, to retrieve information requested by you in order to facilitate the provision of services by Longevity App. For that sole purpose only, you hereby appoint Longevity App and each Service Provider as your agent, with full power of substitution and resubstitution, to access third party websites, servers or documents, retrieve information, and use your information, all as described in this clause 15.2, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as you may or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN LONGEVITY APP OR A SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, LONGEVITY APP  AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT. You agree that third party account providers are entitled to rely on the foregoing authorization and agency granted by you solely for the purpose set out in this clause 15.2.
    • Longevity App takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Longevity App’s Privacy Policy, which is available at https://mylongevityapp.com/privacy/
  1. General Disclaimer
    • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    • Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • Longevity App will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Longevity App make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Longevity App) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
  • costs incurred as a result of you using the Application, the Services or any of the products of Longevity App; and
  • the Services or operation in respect to links which are provided for your convenience.
  • Longevity App may assign this Agreement provided that the relevant assignee undertakes to perform all of Longevity App obligations herein.
  1. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Longevity App. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Longevity App will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

 

  1. Limitation of liability
    • Longevity App ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    • You expressly understand and agree that Longevity App, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  1. Indemnity
    • You agree to indemnify Longevity App, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so;
  • any breach of the Terms; and/or
  • any act of fraud or wilful misconduct by or on behalf of you.
  1. Dispute Resolution

If you have a complaint about your Longevity App Account please contact us by email at connect@mylongevityapp.com  or by writing to us at Level 1/125 York St Sydney NSW 2000.

We will confirm receipt of any compliant by email, and get back to you when we investigated the circumstances.

If we are not able to resolve your complaint within 21 Business Days, you may be able to seek assistance from the Financial Ombudsman Service Limited.

Financial Ombudsman Service Limited

Post: GPO Box 3, Melbourne VIC 3001

Phone: 1300 78 08 08

Email: info@fos.org.au Website: www.fos.org.au

  • Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  1. Venue and Jurisdiction

The Services offered by Longevity App are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

CONTACT US
If you have any queries, please see the FAQs on our website or contact us.

Website: www.mylongevityapp.com

Email: connect@mylongevityapp.com

Post: 1/125 York St, Sydney NSW, 2000