Terms of Service

These terms form a binding agreement between you and Portfoli AU Pty Ltd (ACN 703 120 825, ABN 44 703 120 825), trading as Portfoli.au (we, us, our). They govern your use of our website, applications and services (the service).

By creating an account or using the service you accept these terms. If you do not accept them, do not use the service.

Our Privacy Policy and our Financial Services and Tax Disclaimer form part of this agreement.

To open an account you must:

• be at least 18 years old;
• have the legal capacity to enter into a binding contract; and
• not be barred from using the service under any applicable law.

If you use the service on behalf of a company, trust, partnership or self managed superannuation fund, you warrant that you are authorised to bind that entity, and you in these terms means both you and that entity.

Portfoli.au is a record-keeping and reporting tool. It lets you record investment transactions, track holdings, value them in Australian dollars, and produce summaries and exports from the information you enter or upload as files. It does not connect to your broker, registry or bank.

The service does not execute trades, hold your money or assets, operate a custodial or broking function, or provide a market for financial products.

You must give accurate information when you register and keep it up to date. You are responsible for keeping your password confidential and for everything done through your account.

Tell us promptly at support@portfoli.au if you believe your account has been accessed without your authorisation.

You may give another person, such as your accountant, tax agent or SMSF auditor, access to your account or your data, including by inviting them to view your records through the service and sharing documents with them. If you do, you remain responsible for whom you invite and for what they do with that access, and you can end it at any time. A person you invite must keep what they see confidential and use it only to provide their services to you.

If someone invites you to view their records, accepting the invitation means you agree to keep what you see confidential, to use it only to provide your professional services to that person, and not to copy it into any other service except as your professional obligations require. The same applies to any documents they share with you. Your access lets you view their records or, where they or their practice allow it, add to them too. It ends when they end it or it runs out.

You own the records you enter or import. You grant us the licence we need to host, process, back up and display that data in order to provide the service to you, and to produce the reports you request. That licence ends when you delete the data or close your account, subject to the retention periods in our Privacy Policy.

We recommend you keep your own copies of source documents. You can export your data from the service at any time while your account is open.

You may upload files you have downloaded from a broker, registry or other provider. We read only what is in the file you choose to upload. We do not connect to your accounts with those providers, and we never place, amend or cancel orders or move money or assets.

You are responsible for having the right to upload a file, and for complying with the terms of your agreement with the provider it came from. We are not responsible for the accuracy or completeness of anything a third party supplies, including the contents of a file they produced.

Market data may be delayed and is provided for information only. It is not a quotation and is not an offer to transact at any price.

Documents you keep

You may keep in Documents only files you have the right to keep and share, and you are responsible for what is in them. We don't review them. Documents keeps a copy, not an original: keep the signed originals of documents such as a will, and your own copies of anything you can't replace.

You must not:

• use the service in breach of any law;
• access another person’s account, or attempt to defeat any security or authentication measure;
• scrape, spider, or systematically extract data from the service, or use it to build a competing product;
• reverse engineer, decompile or disassemble any part of the service, except to the extent that law expressly permits it despite this clause;
• resell, sublicense or make the service available to anyone else except as these terms allow;
• upload anything malicious, or anything that infringes another person’s rights; or
• interfere with the operation of the service or impose an unreasonable load on it.

Some features require a paid plan. The current plans and prices are on our pricing page. Prices are in Australian dollars and include GST. Payments are processed by our payment provider, and each one comes with a tax invoice. A practice’s plan is billed as set out in section 9, and the rest of this section applies to it too.

Billing and renewal

There is no free trial. A paid plan starts when the first payment is made. Subscriptions are billed in advance for the period you choose and renew automatically at the end of each period until cancelled. Before every annual renewal, we email you a reminder 7 days before it renews, with the date and the amount.

Changing plans

You may move between paid plans, or between monthly and yearly billing, at any time. Before you confirm, the payment page shows you the amount: the difference for the rest of the current period is charged or credited, and the new price applies from then on. Moving to a plan with fewer features doesn’t delete anything; what the new plan doesn’t include stays readable but can’t be added to, and access you’ve given an accountant pauses until you’re on a plan that includes it.

Price changes

We may change our prices. We will email you at least 30 days before a change applies to your subscription. If you do not accept a price change, you may cancel before it takes effect and the change will not apply to you.

Cancelling

You may cancel at any time from your account settings, with Cancel plan or Manage billing. Your plan continues until the end of the period you have paid for, and you will not be charged again. We don’t refund part of a period you have already paid for, except where the Australian Consumer Law or another law requires it, where we have materially breached these terms, or where section 14 gives you a refund. Nothing in this section limits your rights under section 10.

Failed payments

If a payment fails we will tell you and may retry. If it remains unpaid we may suspend the paid features of your account after giving you notice and a reasonable opportunity to fix it. Your data is not deleted when a subscription lapses, and you may still export it.

Portfoli.au for Practices lets an accountant, tax agent, adviser or similar business (a practice) keep investment records for its clients in client files, work on them with its staff, and invite each client to see their own. This section applies to the practice, to the people who use Portfoli.au as part of it, and to its clients. The rest of these terms apply as well.

The practice’s authority and responsibilities

The person who sets up a practice confirms that they may bind it to these terms. For each client file, the practice confirms that it has its client’s authority to upload, record and hold their information in Portfoli.au and to invite them to it. The practice is responsible for giving its clients any privacy notice the law requires about that, including that their information is held in Portfoli.au, and for the information it records and keeping it accurate.

The practice is responsible for its owners and staff and everything they do in Portfoli.au, for removing anyone who leaves, and for meeting its own professional and privacy obligations to its clients. Staff must keep client records confidential and use them only for the practice’s work. Everyone at a practice who opens a client file must use two-step sign-in.

Fees

The practice pays for its plan; its clients and staff pay nothing. The price is a base amount for a number of active client files, and an amount for each active client file above that, as shown on our Portfoli.au for Practices page when the practice signs up. Adding a client file is charged for the rest of the current period on the next invoice, or within a month on a yearly plan. Archiving one takes it off from then on, with no credit or refund for the period already paid. Each invoice shows the practice’s name, and its ABN if it gives one.

If the plan ends

If the practice’s plan is cancelled, or a payment remains unpaid after the notice described in section 8, its client files become read only for its staff and its clients. Nothing is deleted. If the plan starts again, the files can be added to as before. We may tell the practice’s clients that its plan has ended and that they can move their file into their own account.

Clients

A client invited by a practice uses Portfoli.au under these terms, with their own login, at no cost. The practice decides whether a client can view their file or add to it too. The practice is not our agent, and we are not a party to the arrangement between the practice and its client.

Moving a file into the client’s own account

A client who has accepted a practice’s invitation may move their file into their own Portfoli.au account at any time, and the practice may hand it over to them. The file’s portfolios, transactions, net worth and documents then belong to the client’s account, under the client’s own plan. The practice, its staff and anyone else the file was shared with lose access, and the file stops counting toward the practice’s fees. This cannot be undone, but the client can invite the practice again as their accountant, on a plan that includes that.

Deleting the practice

The person who set up the practice can delete it once none of its client files is open and no staff remain. Its archived client files, and everything in them, are then erased, and its plan is cancelled straight away with no refund for the period already paid. Files already moved into a client’s own account are not affected. Before the practice is deleted, we ask it to confirm that it has kept copies of the records it needs from its archived client files, because they can’t be opened or downloaded afterwards. The practice is responsible for keeping any records it needs, including records it must keep by law.

The Australian Consumer Law, in Schedule 2 to the Competition and Consumer Act 2010 (Cth), gives consumers guarantees that cannot be excluded. Section 64 makes void any term that tries to exclude, restrict or modify them.

Every other term in this agreement is read subject to this section. If a term of this agreement would otherwise contravene the Australian Consumer Law or any other law, that term applies only to the extent the law permits.

This section is subject to section 10 and does not limit any right you have under the Australian Consumer Law or any other law that cannot be excluded.

Subject to that, and to the extent the law permits:

• we are not liable for loss that was not reasonably foreseeable, or that was caused by something outside our reasonable control;
• we are not liable for loss arising from your reliance on a figure the service produced without checking it against your source documents, or from inaccurate or incomplete data you or a third party supplied;
• we are not liable for investment losses, or for the performance of any financial product, because we do not advise on, recommend or arrange financial products; and
• where section 64A of the Australian Consumer Law applies and permits us to do so, our liability for failing to comply with a consumer guarantee is limited to resupplying the services or paying the cost of having them resupplied (this generally doesn't apply to services bought for personal use).

Subject to section 10, to the Australian Consumer Law and to any liability that the law does not allow to be limited, our total liability to you for all claims arising out of or in connection with the service is limited to the greater of the fees you paid us in the 12 months before the claim arose and A$100.

Nothing in this agreement limits our liability for fraud, for death or personal injury caused by our negligence, or for loss or corruption of your data caused by our negligence.

Each of us must take reasonable steps to mitigate loss, and our liability is reduced to the extent that your act or omission caused or contributed to the loss.

We own the service, including its software, design, text, graphics and branding, or we use it under licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the service in accordance with these terms for as long as your account is open.

This does not transfer any intellectual property rights to you. You keep all rights in the data you enter or import.

If you give us feedback or suggestions, we may use them without obligation to you.

We aim to keep the service available, but we do not promise it will be uninterrupted or error free. We may need to suspend it for maintenance, upgrades or security, and we will give you notice where it is reasonable to do so.

We may change or discontinue features. If we discontinue a feature you materially rely on, or make a change that materially and adversely affects you, we will give you at least 30 days’ notice and you may cancel and receive a pro rata refund of fees you have paid for the period after cancellation.

We may change these terms only where the change is reasonable, for example to reflect a change to the service, to our costs or to the law, or where the law requires it.

If a change is material, we will email you at least 30 days before it takes effect, saying what is changing and when.

If you do not accept a material change, you may cancel before it takes effect and we will refund, pro rata, the fees you have paid for the period after the change takes effect. If you do not cancel, the changed terms apply to you from that date.

We will not change these terms retrospectively, and we will not rely on a change to take away a right that had already accrued to you.

You may close your account at any time from your settings.

We may suspend or terminate your account if you materially breach these terms, if we are required to by law, or if your use poses a security risk to the service or to other users. Except where it is not reasonable or lawful to do so, we will give you notice and a reasonable opportunity to fix the problem first.

On termination, your licence to use the service ends. You may export your data for 30 days after termination, after which we will handle it as set out in our Privacy Policy. If we terminate without you being at fault, we will refund the unused portion of any fees you have paid.

If something goes wrong, contact us first at support@portfoli.au. We will acknowledge your complaint within 5 business days and try to resolve it within 30 days.

If we cannot resolve it between us, you may be able to take the matter to a consumer protection agency, including the Australian Competition and Consumer Commission (ACCC) or your state or territory fair trading office. Nothing in these terms prevents you from doing so, or from taking the matter to a court or tribunal.

Privacy complaints follow the process in our Privacy Policy.

Governing law

This agreement is governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that place and the courts that hear appeals from them. This does not limit your right to bring proceedings where a law says you may.

Severability

If any part of this agreement is unenforceable, it is severed and the rest continues to apply.

Assignment

You may not transfer your rights under this agreement without our consent. We may transfer ours as part of a sale or reorganisation of our business, provided it does not reduce your rights.

Notices

We will send notices to the email address on your account. You should send notices to support@portfoli.au.

Entire agreement

This agreement, together with the Privacy Policy and the Financial Services and Tax Disclaimer, is the entire agreement between us about the service. This clause does not exclude liability for misleading or deceptive conduct.