([APP USER])

These terms apply to your use of the Netwealth Document Sharing feature available via the Netwealth App. This Beta Test Agreement ("Agreement") is between you and Netwealth Investments Limited (ABN 85 090 569 109), with its principal place of business at Level 6, 180 Flinders Street, Melbourne, VIC 3000 ("Netwealth”).

1. Purpose of the Agreement: You understand that Netwealth is offering a beta test of its tool known as “Document Sharing” (as further described below), and you have indicated to your Nominated Financial Adviser (“Adviser”) that you would like to utilize Document Sharing to communicate with your Adviser and to receive information and materials from them.

2. Definitions:

In this Agreement, the capitalised terms have the following meanings:

2.1. Document Sharing means the tool made available via the Netwealth App for beta testing, providing your Adviser with the ability to notify you that Material is available and provide you with a link to view and/or download such Materials. You understand that while the notice to you will appear in the Netwealth App, the storage of Materials is the responsibility of your Adviser, and that both the storage of the Materials and downloading of Materials occurs outside of Netwealth’s systems and control.
2.2. Material means (a) any and all documents, information, data and other items shared by your Adviser using Document Sharing, and (b) all communications with your Adviser facilitated by Document Sharing, including but not limited to communications using any chat, messaging or commenting capability, which may be between you, your Adviser and/or any other party introduced into such communications by you or your Adviser.
2.3. Netwealth App means the Netwealth smartphone application, available for iOS and Android.
2.4. Representative means:
2.4.1. a related body corporate of Netwealth;
2.4.2. officers, employees, agents, contractors or sub-contractors of Netwealth or of a related body corporate of Netwealth; or
2.4.3. a financial, tax, accounting or legal adviser or other expert adviser to Netwealth or to a related body corporate of Netwealth.

3. Licence and Access: You have a limited, non-exclusive, non-transferable, and revocable right to access and use Document Sharing for the sole purpose of beta testing. You may be asked to, but are not required to, provide feedback about your experience with Document Sharing to your Adviser and/or Netwealth. You agree to use Document Sharing only for its intended purpose and in keeping with any guidelines given to you by your Adviser or by Netwealth.

4. Acknowledgements, Representations and Warranties:

You understand that:

4.1.1. Netwealth may engage its Representatives to help Netwealth deliver Document Sharing;
4.1.2. Document Sharing is in “beta test mode” and thus may be unreliable, and/or include errors, omissions, bugs or glitches;
4.1.3. due to the nature of a beta test, Netwealth recommends that Document Sharing not be used as the exclusive means of communicating with, and exchanging Material between, you and your Adviser;
4.1.4. any questions or concerns you may have relating to the Materials or the storage of Materials by your Adviser on its systems should be directed to your Adviser,
4.1.5. Document Sharing requires that your Adviser have active licence(s) to use certain third party software, and for your Adviser to maintain and update the third party software; Netwealth has no control or supervision over the activities between your Adviser and third party software providers;
4.1.6. Document Sharing is not a financial product;
4.1.7. Document Sharing may only be accessed and used by you for receiving information and materials from, and communicating with, your Adviser with respect to its financial services business with, and the financial product advice your Adviser provides to you;
4.1.8. the storage of Materials is your Adviser’s responsibility and that if the Materials do not reach you, or is in any way intercepted or captured, Netwealth is not be liable for any Loss resulting from such transmission (or failure of transmission);
4.1.9. your Adviser is responsible for properly setting you up in order that you can utilize Document Sharing and that Netwealth has no responsibility for ensuring proper setup; and
4.1.10. Netwealth monitors your Adviser’s activity, as part of the provision, development, maintenance and support of Document Sharing.

5. Restrictions on use:

You agree not to:

5.1.1. reverse engineer, reverse compile, decompile or disassemble any part of Document Sharing, or otherwise attempt to derive the source code, algorithms, methods or techniques contained within Document Sharing;
5.1.2. use Document Sharing, in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with Document Sharing;
5.1.3. use Document Sharing to upload, transmit, distribute, store or otherwise make available in any way:
5.1.3.1. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
5.1.3.2. any material which does or may infringe any Intellectual Property or privacy rights of any other person; and
5.1.3.3. any material that could be considered offensive, obscene, defamatory, abusive, or otherwise objectionable.
Violation of these restrictions may result in immediate termination of access to Document Sharing;
5.2. You understand that Document Sharing is not a documentation retention tool for the Materials. Should you wish to retain copies of Materials made available through Document Sharing, you should download and save the Materials to devices and technology within your control.

6. Indemnity:

6.1. To the extent permitted by law, you agree to indemnify Netwealth and its Representatives against all Loss suffered or incurred by Netwealth or its Representatives arising out of, or in connection with:
6.1.1. your use of Document Sharing; or
6.1.2. breach of these Terms by you.
6.2. The indemnity in clause 6.1 does not apply to the extent that the relevant Loss was caused by the fraud, gross negligence of wilful default of Netwealth.

7. Confidentiality and Privacy: Other than sharing with your Adviser, you agree to keep confidential any and all information related to the beta test, including but not limited to Document Sharing, features, performance, and any feedback provided by you.
The terms of Netwealth’s Privacy Policy (https://www.netwealth.com.au/web/privacy-policy/) (as varied from time to time) apply to Document Sharing and the beta test.

8. Ownership: Netwealth retains all right, title, and interest in and to Document Sharing, including any improvements, modifications, and derivative works. You acknowledge that you do not acquire any ownership rights by participating in the beta test.

9. No Warranties: Document Sharing is provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Netwealth does not warrant that Document Sharing will be error-free or that any defects will be corrected.

10. Limitation of Liability: To the maximum extent permitted by law, Netwealth shall not be liable for any Loss arising out of or in connection with the use of Document Sharing or participation in the beta test, even if Netwealth has been advised of the possibility of such damages.

11. Term and Termination: This Agreement shall commence on the effective date and continue until terminated by either party. Netwealth may terminate this Agreement at any time, with or without cause, upon providing written notice to you. In addition, this Agreement shall terminate immediately if your Adviser ceases to utilise Document Sharing generally or with respect to communications between you and your Adviser. Upon termination, you shall immediately cease using Document Sharing.

12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws in force in Victoria, Australia. All parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

13. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.