Welcome to DestinyLive, an online property investment administration, education and personal finance management service designed especially for Australian Property Investors.
These Terms and Conditions of Use are intended to explain Our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms and Conditions of Use are binding on any use of the service and apply to You from the time that DestinyLive provides You with access to the Service.
The DestinyLive Service will evolve over time based on User feedback. These Terms and Conditions of Use are not intended to answer every question or address every issue raised by the use of the DestinyLive Service.
By registering to use the Service You acknowledge that You have read and understood these Terms and Conditions of Use and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms and Conditions of Use on behalf of any entity for whom You use the Service.
DestinyLive provides Internet Membership services to users whose principal place of residence is in Australia and the service is also generally made available to expats who reside in other countries but undertake property investment strategies within Australia.
The following Terms and Conditions of Use apply for the DestinyLive Member Services whether that service is accessed by payment, is provided complimentary, or as part of a Destiny Client Support Service.
Amendments to Terms and Conditions of Use may occur regularly. Look for any amendments by following the "Website T&Cs of Use" link at the bottom of the DestinyLive Website (DestinyLive.com.au). If there are changes to charges then they will be effective at least 14 days from posting to the DestinyLive Website (DestinyLive.com.au). Use of the service after that date constitutes acceptance of the amended Terms and Conditions of Use or Pricing changes. These Terms and Conditions of Use supersede prior agreements. These Terms and Conditions of Use are governed by the laws of New South Wales, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State:
"Agreement" means these Terms and Conditions of Use.
"Advisor Access Authority" means the Registered Advisor(s) and/or individuals who the DestinyLive Member User authorises levels of access to their DestinyLive Online Account to allow them access for activities including but not limited to viewing data or obtaining reports.
"Access Fee" means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Membership Fee Schedule set out on the Website (which DestinyLive may change from time to time on notice to You).
"Attachment" means any file or material uploaded by You using the Attachment Add function available throughout the DestinyLive site.
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data" means any data inputted by You or with Your Authority into the Website.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in design, know-how and any other intellectual or industrial property rights, trading names, URL's anywhere in the world whether or not registered.
"DestinyLive" is a Website which is 100% Australian owned and operated by Destiny Group IT Pty Ltd (ABN 86 820 204 348) and includes its successors in title and assigns and those claiming through or under them respectively.
"Services" means the DestinyLive Online Property Investment and Financial Management Services and Property Investment Information and Education resources accessed via the DestinyLive Website (as may be changed or updated from time to time) and also any other Destiny Website or Destiny Physical or Virtual services offered, by Registration as a User and by signing on for use using Access Authority and/or any other agreement required as part of the membership or service.
"Password" means a confidential alphanumeric which when use with other Access Authority information, gives access to Services.
"User" means You or any person You nominate (if You choose to do so), from time to time, to use the internet services available through the Website.
"Register and Registration" means the completion of the DestinyLive membership application (whether paid or complimentary) and the agreement of the Membership Terms and Conditions.
"We, Us, Our, DestinyLive" means Destiny Group IT Pty. Ltd (ABN 86 820 204 348) or when relevant any other related entities or companies.
"You or Your" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity.
"Website" means the Internet site at the domain (DestinyLive.com.au) or any other site operated by Destiny Group IT Pty Ltd (ABN 86 820 204 348); or any other Destiny Group IT or The Destiny Group related company, entity or subsidiary.
You must only use the Service and Website for Your own lawful purposes, in accordance with these Terms and Conditions of Use and any notice sent by DestinyLive or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all Terms and Conditions of this Agreement that apply to You.
DestinyLive grants You the right to access and use the Service via the Website with the particular User roles available to You according to Your membership type. This right is non-exclusive, non-transferable, and limited by and subject to this and any other related agreement.
You must provide all equipment necessary to make a connection to the World Wide web and pay any service fees to providers for access. After gaining access to the World Wide web, You must obtain access to and pay for the use of Services. This is accomplished by registering as a DestinyLive member or by using any User id on the site provided by Us or any third party. The provision of, access to, and use of, the Services is on an "as is" basis and at Your own risk.
You agree to pay all Service Membership fees DestinyLive charges You for the Services when You Register. You also agree to pay all Service Fees for staff services if any are specifically requested by You and provided by DestinyLive or Destiny staff, DestinyLive or Destiny associated or branded businesses, or any service obtained through the DestinyLive site whether it be a DestinyLive or Destiny related or associated entity or third party organisation. You agree to pay all foreign, Commonwealth, State and Local Government, state taxes applicable to Your access, use or receipt of the Service, these will always be disclosed to You clearly in advance. If DestinyLive are required to collect overdue fees from You, You agree to pay all reasonable costs (including legal fees), if any, incurred by DestinyLive in collecting those overdue fees from You, and to pay a late charge on any overdue fees at Our bank's business account overdraft rates.
If a User Member fails to pay and for Digital or Online Service fees by the Expiry date, DestinyLive reserves the right to restrict access, or "lock", all files that belong to the unpaid User Membership. When a Membership is locked, all users of the affected files may be unable to view, edit or add any data to the file. Full access will be restored upon receipt of all accumulated unpaid Membership fees.
Any voucher, coupon, discount or any other offer use by You to pay for a Membership in lieu of payment can only be use once. Where there isn't an expiry identified, the voucher, coupon, discount or other offer is deemed to be invalid and will not be accepted as payment as part or full of any membership or service.
You may register DestinyLive Services by using the DestinyLive Website Registration Page or any other authorised page of the site. The Registration and Client Profile page asks You to Agree to provide correct information about yourself, to list the User(s) who will have Advisor Access Authority and to maintain and update such information to keep it accurate and complete. You may designate at Your own risk, User(s) to have Advisor Access Authority which You are required to maintain and You may be required to assign access profiles to such users. DestinyLive may suspend or terminate Your account and refuse use of the Online Service if You provide any information (including a valid contact email address and phone number) that is false, misleading, inaccurate, not current or incomplete, or if DestinyLive has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or any Terms and Conditions in this agreement are breached. DestinyLive may suspend or terminate Your account and refuse use of the Online Service if You are deemed to be abusive to staff or use language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of DestinyLive. You authorise DestinyLive to use extracts from service related communication on Our web site (typically on the testimonials page) and other material in text form and DestinyLive may include Your email username and demographic segment and this use is conditional on DestinyLive excluding any material that may be deemed confidential, such deeming shall be at the sole discretion of DestinyLive but will explicitly focus on service quality and customer experience in use of Our products and exclude financial or other business transaction related information.
As part of the Registration process You will select a password. You will be responsible for maintaining confidentiality of any password and other access information use by yourself and Your authorised User(s) who have Advisor Access Authority. You acknowledge that the Internet is an open system and DestinyLive cannot and does not warrant or guarantee that third parties cannot intercept Your information. You must immediately notify DestinyLive of any unauthorised use of Your passwords or any other breach of security and DestinyLive will reset Your password and You must take all other actions that DestinyLive reasonably deems necessary to maintain or enhance the security of DestinyLive's computing systems and networks and Your access to the Services.
You agree that DestinyLive is not responsible for any files or material uploaded or stored within DestinyLive and any such files or uploads shall be at the Member's own risk. DestinyLive is not responsible for any adverse consequences arising out of the loss of any files or material uploaded, stored, or attached to DestinyLive, or the use of, or inability to use, the DestinyLive Attachment functionality.
As part of the Attachment functionality found within DestinyLive, You Agree not to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Files or Material that:
You also Agree that should You infringe any of the previous Attachment Terms and Conditions, You Authorise DestinyLive to remove or delete such files or material, and where such files or material is suspected of an infringement or contravention of Law, You Authorise DestinyLive to provide, transfer or forward such files or material to the appropriate authorities or law enforcement agencies, and You Agree the provision of such files or material to those authorities or law enforcement agencies is not a breach of Your Privacy or Confidentiality.
DestinyLive reserves the right to contact Members by web page, email, fax, post, internet chat, telephone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service or other related services. Information related to other DestinyLive or site content matters, not covered by an existing agreement for Services, will only be communicated if the Member agrees to receive that information or service.
Your Regulatory Responsibilities will vary from country to country and are Your responsibility to identify and comply. DestinyLive Financial and Portfolio Management, Property Investment services and associated resources and tools help You summarise and track Your financial assets and transactions. DestinyLive's Services are not tax remittance or return preparation of any type. They also do not constitute tax or financial advice or recommendations of any kind. You are responsible for the remittance of Taxation Returns and other Government lodgments' and forms for You and/or for Your organisation.
DestinyLive grants You a non-transferable, non-exclusive and terminable right license to use the Services under these Terms and Conditions of Use. Title and ownership of the Services remain with DestinyLive. You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Member or others. Title and ownership of accounting and wealth management data entered by the Member, or those with Authorised Access to the Members database, remains with the Member. You are granted a single License with this membership. In the event of an upgrade, the License hereby granted shall automatically transfer to the new membership version. All rights in respect of the original version shall lapse and no further use of same shall be permitted. The License in this agreement is effective until suspended or terminated by Us or by ceasing membership payments. Payment terms for Your membership are in advance of the next Membership or Service period. In the event You choose to end Your membership service but You would like to keep Your data, You may export it using the export functions provided in the service or DestinyLive may agree, in its sole discretion, to provide CSV file(s), or equivalent, at a reasonable cost of not less than Au$199 plus GST per file. We reserve the right to charge for time and materials if Your request is unusual and this is decided at Our sole discretion. You agree to use Your best endeavors to ensure the safeguard of Your Password(s) for Your membership in order to ensure there is no unauthorised access to, copying of, or collection of information from Your data file and You indemnify DestinyLive for any and all losses You may incur as a result of failing to safeguard Your Password.
You may terminate the Portfolio Management service through selections found on the Client Profile page. Members who terminate or suspend this Service will not receive a refund.
DestinyLive may establish general practices and limitations that apply to the use of the Service. You acknowledge that DestinyLive reserves the right to change these general practices and limits at any time, at its discretion. You also acknowledge that DestinyLive reserves the right to disable or delete accounts that are inactive for an extended period of time and that data associated with deleted accounts is permanently deleted and not able to be recovered; and that DestinyLive may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time or for the purposes of conducting reasonable system maintenance and repairs. You also acknowledge that DestinyLive reserves the right to disable or change features of the service if those features are infrequently use by DestinyLive customers or if at the sole discretion of DestinyLive those changes are deemed necessary.
The Destiny Website may contain or be associated with social media gadgets, forums, web discussions, chat areas, article comments and/or other message or communication facilities designed to enable You to communicate with a group or the public at large (collectively, "Communication Services"). You agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, You agree that when using a communication service, You will not:
The Destiny Group has no obligation to monitor the communication services. However, The Destiny Group reserves the right to store such communications and to review materials posted to a communication service and to remove any materials at its sole discretion. The Destiny Group reserves the right to terminate Your access to any or all of the communication services at any time without notice for any reason whatsoever.
The Destiny Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at The Destiny Group's sole discretion.
Always use caution when giving out any personally identifying information about yourself or Your family in any communication service. The Destiny Group does not control or endorse the content, messages or information found in any communication service and, therefore, The Destiny Group specifically disclaims any liability with regard to the communication services and any actions resulting from Your participation in any communication service. Hosts and Moderators are not authorised spoke persons of The Destiny Group, and their views do not necessarily reflect those of The Destiny Group.
Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You download the materials.
DestinyLive or its associated entities do not claim ownership of the communication materials You provide (including feedback and suggestions) or post, upload, input or submit to any The Destiny Group Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your submission You are granting DestinyLive and The Destiny Group, its affiliated companies and necessary sub licensees permission to use Your submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your submission; and to publish Your name in connection with Your submission.
No compensation will be paid with respect to the use of Your submission, as provided herein. The Destiny Group is under no obligation to post or use any submission You may provide and may remove any submission at any time at The Destiny Group's sole discretion.
By posting, uploading, inputting, providing or submitting Your submission You warrant and represent that You own or otherwise control all of the rights to Your submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the submissions.
If You are in the business of providing similar products or services for a charge or fee, then You are a competitor of The Destiny Group. The Destiny Group expressly excludes and does not permit You to use or access the Destiny or DestinyLive websites, to view any information contained within the Destiny Website or to obtain any information from the Destiny or DestinyLive websites through a third party. If You breach this term then The Destiny Group will hold You fully responsible for any loss that it might sustain and further holds You accountable for all profits that You might make from such unpermitted and improper use. The Destiny Group reserves the right to exclude and not permit any person from using the Destiny or DestinyLive websites or information contained within the Destiny or DestinyLive websites.
You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site (and pages) and publications may contain technical or calculation inaccuracies or errors. DestinyLive, Destiny or any associated entity bear no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents. DestinyLive will, from time to time, alter information in the web site which contains pricing, market information, and/or product or service specifications, and these product and service offerings may not be relevant to, or available in, Your country.
The Services contains links to other third-party sites which are not under the control or responsibility of DestinyLive. DestinyLive is not responsible for the content on any linked web sites. If You access a third-party site from this Website, then You do so at Your own risk. DestinyLive is only providing these links for a convenience to users. The inclusion of any link does not imply that DestinyLive is endorsing or is accepting any responsibility for the content or services of those third-party sites. The DestinyLive Website will contain information as a guide only and is not legal, taxation, financial or investment advice and is not suitable to be relied on by You as such advice. You should obtain professional legal, financial and investment advice.
Liability use of the Services shall be at the Member's own risk. DestinyLive is not responsible for any adverse consequences arising out of the use of, or inability to use the Destiny or DestinyLive Services. You agree to indemnify, defend, and hold harmless Destiny and/or DestinyLive from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitor's fees) incurred by Destiny and/or DestinyLive as a result of any claim arising from Your violation of the Terms and Conditions of Use, State or Commonwealth law or regulations, or any third party's rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights. These obligations survive termination of the Service. Destiny and/or DestinyLive will not accept liability for failures in providing Services which are outside normal usage or which occur due to force majeure, matters outside Destiny and/or DestinyLive's control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
The Services (including all content, software, functions, and operational hosting services) are provided "as is", without warranty of any kind. Destiny and DestinyLive expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet User requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access. Destiny and DestinyLive do not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose.
Destiny and DestinyLive do not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems use for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. DestinyLive is not in any way responsible for any such interference or prevention of Your access or use of the Services.
To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You acknowledge and agree that the Services contain proprietary and confidential information that is protected by Intellectual Property Rights and other laws. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Destiny and/or DestinyLive (or its licensors). You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service. If You are a financial service provider (i.e. accountant, bookkeeper, financial or investment adviser) You may procure and maintain the Service for Your client by establishing and maintaining a separate account for them, or Your client may establish an account with DestinyLive and set You up with Advisor Access Authority.
You agree not to use or display any DestinyLive trademarks, logos, product and services names or other DestinyLive material of any form (including any derivations) without Our written approval or as described elsewhere in these Terms and Conditions of Use where You are a DestinyLive Partner. If You do so We have the right to terminate this agreement or halt supply of the service or both at Our discretion.
Transferability: You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the Membership Services or this license (subject to the prior written consent of DestinyLive).
DestinyLive claims no intellectual property rights over the material submitted, posted or displayed via the Membership Service. However, it may be use in anonymously or in anonymously aggregated form (where it is aggregated in part or full with other members data).
If You instruct Us to mark any information on Our service for deletion (or deactivation) You acknowledge You are instructing Us and authorise Us to delete it permanently at a time or date of Our choosing. If You instruct Us to delete information You agree and understand that such information is permanently deleted and not able to be restored.
You agree that Our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) may not be appropriate for You or Your financial management responsibilities and that Our processes for data management may change at Our sole discretion.
You agree that We may generate, collate, report and store, for business and account administration purposes, information about Your membership including but not limited to Your: Email username, Membership Type, Membership Expiry, details of Your Advisor Access Authority, Logon activity details, Property Number, Account Number, Transaction Number etc., and that We may provide such information to employees/staff of Destiny and/or DestinyLive, associated companies, or User(s) listed as Your Advisor Access Authority.
You agree that We may use materials, quotes from correspondence and from support conversations and any other interactions by You with Our products and services including web click streams on Our web site customer testimonials pages and web (and other) support knowledge base forums and related marketing material online and in other forms at Our sole discretion. You agree this material We are permitted to use includes Your Internet addresses (as email addresses and any other forms including messaging) that You choose to supply Us in any way on Our customer testimonials Website page and also in related places and materials both online and in other forms including directories that We publish at Our sole discretion. You acknowledge You are not entitled to any payment for use of this material.
Destiny®, DestinyLive®, DestinyTrack®, ® and ® are registered trademarks of Destiny Business Solutions and are used under licence.
20 Must Ask Questions®, 20 Questions® and Margaret Lomas,® are registered trademarks of Margaret Lomas and use by permission.
Paid Support encompassing product use support and technical support where issues arise for the product such as defects. DestinyLive provides limited online help in areas it deems in its sole discretion to be most needed by its users. DestinyLive also provides Website Help to assist users to highlight questions, problems and ideas which DestinyLive will regularly administer. DestinyLive reserves the right to limit the time spent on email and telephone support calls to 10 minutes or less for a single support enquiry at their discretion. If DestinyLive deems the Support Service is being use in an unethical, abusive or fraudulent manner then DestinyLive may terminate the service. Support is only available while a service is current and paid in full. DestinyLive support does not provide any advice on investment or legal or accounting or taxation issues. Assistance in how to use the DestinyLive online service should not be understood to be investment, accounting or taxation advice but rather as general educational information that may or may not meet Your specific requirements. The DestinyLive Support Service is for basic usability and functionality queries. Internet, network, hardware, software inquiries relating to third party providers cannot be resolved by DestinyLive. Our Support Consultants will deem if the inquiry falls within the nature of the DestinyLive Support Service. Support consultant's availability and response times may be affected by call or email volumes, server maintenance and upgrades relating to new releases.
You agree to provide the Service Team access to Your information in order to resolve support issues. This will normally be granted by You in writing on a case by case basis either via email or via an invitation sent using the system or via other written means however DestinyLive reserves the right to access without Your specific approval if it is deemed necessary by DestinyLive.
Our Fair Play Promise is a policy that ensures DestinyLive delivers You consistent value and service as a paying member. We will:
Whilst DestinyLive intends that the Services should be available 24 hours a day, seven days a week, it is possible and likely that on occasions the Services or Website will be unavailable to permit maintenance or other development activity to take place.
If for any reason DestinyLive have to interrupt the Services for longer periods than DestinyLive would normally expect, DestinyLive will use reasonable endeavours to publish in advance details of such activity on the Website.
DestinyLive expressly disclaims all loss or perceived loss, damages or injury caused by any failure to provide access to the DestinyLive Website, by agreeing to the Terms and Conditions of Use You agree to indemnify DestinyLive or any of its related entities against responsibility or loss.
These Terms and Conditions of Use, together with the DestinyLive Website and the Terms and Conditions of any other notices or instructions given to You under these Terms and Conditions of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and DestinyLive relating to the Services and the other matters dealt with in these Terms and Conditions of Use.
If either party waives any breach of these Terms and Conditions of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
You may not assign or transfer any rights to any other person without DestinyLive's prior written consent.
If any part or provision of these Terms and Conditions of Use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.