Terms and Conditions

Contract

Access to and use of the Pension Boost Website (the Website) and the services available through the Website are subject to the following terms and conditions and other terms and conditions imposed in respect of any particular application, service, or membership level we make available from time to time. These terms and conditions create a legal and binding contract between you and us.

Parties

‘our’, ‘us’ and ‘we’ refers to Pension Boost Pty Ltd ABN 19 632 176 080 (Pension Boost) of Suite 5, 30 Market St, Sydney, NSW, Australia, 2000.

The words ‘you’, ‘your’ and ‘your partner’ refer to users of the Website and the services and applications offered through the Website.

Jurisdiction

The material on the Website is published by us and is intended for use in Australia only, and is not intended for use outside Australia. We make no claim that the information contained on the Website or the services we provide is appropriate for persons who do not reside in Australia, nor that it may be downloaded legally outside Australia. If you access the Website or the services we provide from outside Australia, you do so at your own risk. All services including any advice provided through the Website is based on relevant Australian regulations.

Privacy

Your privacy and security is important to us. Refer to our Privacy Policy for information about how we handle personal information we hold about you.

In addition to the information you provide us, we also use technology to collect anonymous information about the use of the Website, for example when you browse the Website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of the Website, to better understand our customers and the market in which we operate in order to ensure our services continue to meet customer needs and expectations.

In order to collect this anonymous data we may use “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Sometimes they identify users where the Website requires information to be retained from one page to the next. This is purely to increase the functionality of the Website. For example, we use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We may also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Cookies by themselves cannot be used to discover the identity of the user. Cookies do not damage your computer and you can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. Cookies allow the Website to recognise your computer when you return in the future.

Access to the Website

To access the services offered through the Website you must register for an account on our Website. The Website is a business and commercial Website intended to provide people in or approaching retirement with assistance with applying for the Home Equity Access Scheme, access to tools and other applications or services offered from time to time in relation to retirement. It is not intended for persons under the age of 18. In accessing the Website you confirm that you are aged 18 or older.

Money Back Guarantee – Home Equity Access Scheme Applications

If you have paid for the Home Equity Access Scheme application service, then:

Where you have provided us with complete and accurate information and, in assessing that data, Centrelink or the Department of Veterans Affairs (DVA) rejects or adversely adjusts your Home Equity Access Scheme entitlement compared to our estimates, then we agree we will repay your Home Equity Access Scheme Application fees we have received up until the date when we are notified of Centrelink’s/DVA’s rejection or adverse adjustment (our Money Back Guarantee).
If requested by Centrelink/DVA, we may seek to obtain additional information from you in order to facilitate your Home Equity Access Scheme application and you agree to provide us with that additional information. Where additional information is required, we reserve the right to defer payment of the Money Back Guarantee until such time as the additional information is processed by Centrelink/DVA and the outcome for your Home Equity Access Scheme eligibility is determined.
In the event that your Home Equity Access Scheme application is rejected or adversely adjusted by Centrelink/DVA as a result of incomplete or inaccurate data provided by you in your Home Equity Access Scheme application then you will not be entitled to the Money Back Guarantee.
We retain sole discretion as to the extent or timing of any refund that may be due to you under the Money Back Guarantee.

Content

You are responsible for the completeness and accuracy of any information provided to us.

We may ask you for certain information (including where relevant your partners) to assist you to complete application forms, such as if you require our assistance with applying for the Home Equity Access Scheme. You (and where relevant your partner) are responsible for the accuracy and completeness of any information provided to us for such applications.

We are not responsible, and do not accept any liability for the accuracy of any information added to the Website by you or any third party.

Promotions and Benefits

From time to time, we may offer certain promotions and benefits to users of the Website for particular services. We will notify you if the promotion and benefit relates to the services you can access through the Website or by email. These promotions and benefits are subject to terms and conditions which govern your participation or use of the promotion or benefit. We will provide you with the terms and conditions of the promotion or benefit when it is offered to you.

Use

Use of the Website and services is limited to using the applications that we make available from time to time on the Website in accordance with these terms and conditions or any additional terms and conditions applicable to specific services.

We may provide facilities on this Website to provide you with assistance with applying for the Home Equity Access Scheme, access to tools and other services or applications we may offer from time to time.

Any other information contained on this website is general in nature and is not intended to make or imply any personal advice recommendations.

You agree that in using the Website you will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission. Further you agree not to use any process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party.

In addition you agree not to use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You also agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website, or copy, reproduce, alter, modify, create, derivative works, or publicly display, any part of any content from the Website without our prior written permission.

Trademark and Copyright

All trade names, brand names, trade symbols, logos, slogans, trademarks or services marks are trademarks or proprietary interests of Pension Boost. There maybe other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogans, trademarks or service marks indicated on the Website that are the property of their respective owners.

Warranty

While reasonable steps have been undertaken to ensure that the information, materials and services contained on the Website are free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of the content on the Website. Information on the Website may change without notice to you, unless we are required by law to provide you with notice of any changes. All terms implied by law, except those that cannot be excluded by law, shall be excluded.

Liability

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:

any failure or performance, error, omission, interruption, defect, delay in operation or transmission;
line or system failure or the introduction of a computer virus, or other technical sabotage;
use of the Website, or the inability to use the Website; or
any content on the website, including content published by us,

Indemnity

You indemnify us (and any of our related bodies corporate) in respect of any liability incurred by us (or any of our related bodies corporate) for any loss, cost, damage, expense, howsoever caused, and under any theory of liability, including tort, statute, equity or contract, that we suffer as a result of your breach of any term, condition or warranty in these terms and conditions or any other terms and conditions you agree to prior to using any application we make available on the Website except to the extent the loss, cost, damage or expense was caused by our negligent or wrongful acts or omissions.

Links

Our Website may contain a number of links to other internet sites which are operated by third parties. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated web sites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

Termination

These terms and conditions, and your account for the use of the Website, may be terminated by you or by us without notice to the other. If you terminate these terms and conditions, our agreement to provide you with access to this Website and use the services or applications we make available ends immediately.

Law

This agreement is governed by the law in force in the state of New South Wales, Australia. Any dispute arising in connection with these terms and conditions or in connection with your use of this Website which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration. However, we reserve, at our absolute discretion, our right to instigate legal proceedings prior to negotiation, arbitration or mediation against any individual, organisation or entity, who in our opinion has acted in breach of these terms and conditions.

Changes to Terms and Conditions

We reserve the right to modify, update or otherwise alter these terms of use. Please return periodically to review our terms of use.

Need help?

If you need help or have any queries about these Terms and Conditions, please contact us by emailing us at hello@pensionboost.com.au.

The Terms and Conditions was prepared on 1 July 2019, (version 1.0).