Terms of Service

2. Eligibility and acceptance

You must be at least 18 years old and have legal capacity to use the Services. By accessing the Services, creating an account or continuing after being presented with these Terms, you agree to be bound by them. If you use the Services for another person or organisation, you confirm that you are authorised to bind them.

3. Your account

You must provide accurate, current and complete information and keep it up to date. You are responsible for safeguarding your login credentials and for activity carried out through your account. Do not share access codes or permit another person to use your account unless we have expressly authorised it.

Tell us promptly if you suspect unauthorised access, fraud or a security incident involving your account. We may ask you to verify your identity before acting on an instruction or restoring access.

4. Financial information

Unless we expressly state otherwise, information available through the Services is general information only. It does not take into account your objectives, financial situation or needs and is not personal financial advice, tax advice or legal advice. Before acting, consider whether the information is appropriate for you and read the relevant disclosure documents.

Investments carry risk. Values and returns may rise or fall, and past performance is not a reliable indicator of future performance. Examples, projections, market data and portfolio previews may rely on assumptions or third-party data and are not a promise of an outcome.

5. Acceptable use

You must not:

• use the Services unlawfully, fraudulently or deceptively;
• interfere with the operation, security or integrity of the Services;
• access or attempt to access an account, system or data without authorisation;
• introduce malicious code, scrape the Services at scale, or use automated means except with our written permission;
• reverse engineer, copy or commercially exploit the Services except where the law permits it; or
• upload content that infringes another person’s rights or is unlawful, harmful or misleading.

6. Intellectual property

We and our licensors own the Services and their content, including software, text, graphics, branding, data compilations and design. We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the Services for their intended purpose. No other rights are granted.

You retain ownership of content you provide. You give us the rights reasonably necessary to host, process, transmit and use that content to operate the Services, meet our legal obligations and provide services you request.

7. Third-party services

The Services may contain links to or integrate with third-party websites, identity providers, platforms, custodians and data providers. Their own terms and privacy practices may apply. We do not control third-party services and are not responsible for their availability, content or conduct, except to the extent required by law.

8. Availability and security

We may maintain, update, change or discontinue parts of the Services. We do not guarantee that the Services will always be available, uninterrupted, secure or error-free. We take reasonable steps to protect the Services, but no internet service or method of electronic storage is completely secure.

You are responsible for maintaining suitable devices, software, connectivity and backups, and for checking instructions and information before relying on them.

9. Privacy and communications

Our collection, use and disclosure of personal information is described in our Privacy Policy. By using the Services, you acknowledge that we may send service, security, account and regulatory communications electronically. You may manage marketing preferences separately, but cannot opt out of communications necessary to provide or secure the Services.

10. Liability

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profits, loss of opportunity or loss arising from events outside our reasonable control. Any limitation in these Terms applies only to the extent permitted by law and does not limit liability under a product-specific agreement unless that agreement says so.

11. Suspension and termination

You may stop using the Services at any time. We may restrict, suspend or terminate access where reasonably necessary to protect you, other users or the Services; investigate suspected misconduct; comply with law; or respond to a breach of these Terms. Ending access to an online account does not itself terminate a financial product or service governed by a separate agreement.

12. Changes to these terms

We may update these Terms to reflect changes to the Services, our practices or applicable law. We will publish the revised Terms and update the effective date. Where a change is material, we will take reasonable steps to give additional notice. Your continued use of the Services after the revised Terms take effect constitutes acceptance of them.

13. General terms

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of its courts and courts entitled to hear appeals from them.

If any provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining provisions. A delay in exercising a right is not a waiver. You may not assign your rights under these Terms without our written consent. We may assign our rights as part of a restructure or transfer of the Services, subject to applicable law.

14. Contact and complaints

Questions or complaints can be submitted through our contact page, by emailing contact@nucleuswealth.com or by calling 1300 623 863.

If your complaint concerns a financial service, additional dispute resolution rights may apply. We will provide information about external dispute resolution, including the Australian Financial Complaints Authority where applicable, as part of our complaints process.