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Terms and Conditions

Terms and Conditions of Use

Provided by Jaaims Technologies Pty Ltd ACN 635 824 056 AFSL No. 519985 (we, us, our)

Date: 30 July 2021This Agreement is between Jaaims Technologies Pty Ltd Pty Ltd ACN 635 824 056 (we, us) and you and sets out the terms upon which we will provide the Services.

1.Agreement

a) By selecting the tick box, you agree to be bound by this Agreement.

b) By selecting the tick box, you acknowledge that you have received and read the FSG. You agree to receiving the FSG, as well as any amendments or replacements of the FSG, through the App.

c) By selecting the tick box, you confirm that you are authorised to provide the personal details presented and consent to Your information being checked with the document issuer or official record holder via third party systems for the purpose of confirming Your identity.

2.Interpretation and definitions

In this Agreement unless the contrary intention appears:

a) AML means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

b) App means the Jaaims mobile application which is available on IOS and Android compatible devices.  

c) Business Day means any day other than a Saturday, Sunday or public holiday in the State of New South Wales.

d) Broker means the company you have engaged to undertake share trading, settlement and clearance services and which we have approved and integrated with to provide the Services.

e) Broker Account means the trading account you hold with the Broker and the account on which you have authorised us to lodge Trades on your behalf.

f) Claim means any claim, action, proceeding, demand, cost, damage, loss, expense (including reasonable legal costs on a full indemnity basis), liability incurred or suffered by, or brought or made or recovered against any person and however arising (whether or not presently ascertained, immediate, future or contingent).

g) Consequential Loss means any indirect, special, consequential, punitive or exemplary damages, expenses, losses or costs, loss of anticipated or actual revenue or profits, loss of or inability to use equipment, a failure to realise anticipated savings, lost data, down time costs or loss of goodwill.

h) Corporations Act means the Corporations Act 2001 (Cth) as amended or replaced from time to time.

i) DDR means the direct debit request and direct debit service agreement you enter into with Stripe Payments Australia Pty Ltd under which Stripe Payments Australia Pty Ltd will direct debit amounts owing by you under this Agreement from your nominated bank account, credit or debit card.

j) Fees means the fees and charges payable in respect of the Services.  

k) FSG means our Financial Services Guide (V1) which is available from 

l) GST means any tax imposed on the supply of goods or services which is imposed or assessed under GST Law.

m) GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

n) General Advice has the same meaning as in the Corporations Act.

o) Insolvent means, for a person, being in liquidation or provisional liquidation or under administration, having a controller (as defined in the Corporations Act) or analogous person appointed to any of its property, or being unable to pay debts as and when they fall due or entering into a compromise or arrangement with its members or creditors or any other analogous event.

p) Loss means any damage, loss, cost, charge, expense or liability however arising (including contractual, tortuous, legal, equitable loss or loss pursuant to statute).

q) Portfolio means the securities you have selected to be subject to the Services.

r) Subscription means either the Starter, Standard or Professional subscription you have selected and the basis upon which you will be provided the Services.

s) Trades means buy and sell trades lodged by us from time to time on your Broker Account in accordance with the terms of this Agreement. 

3.Services

a) We provide an automated trading service upon which we will lodge Trades in accordance with your Instructions (Services).   

b) The Services will be provided in accordance with this Agreement and will be subject to any feature or functionality limitations and entitlements prescribed by the Subscription selected.  

c) The Services are only provided through the App and are interdependent with you having a Broker Account with a Broker we have integrated with. These Brokers are included in the App.

d) To perform the Services, we require access to your Broker Account to lodge and manage Trades. You appoint us as your agent to lodge and manage Trades on your Broker Account on your behalf. This appointment will cease on the earlier of the date you provide us with written notice and the date this Agreement is terminated.

4.Instructions

a) The Services are provided on the basis of:

i. the criteria you prescribe in the App with respect to your Portfolio (Instructions); and

ii. our automated trading algorithm which uses various data sets and qualitative information to seek to determine an optimum opportunity to make Trades with respect to the securities held within your Portfolio.

b) You can amend or revoke your Instructions at any time. This may have a consequential effect on Trades which may then be lodged. 

c) The Services do not affect the terms upon which you have entered into an agreement with your Broker (Broker Terms) and do not limit or prevent you from taking any action on your Broker Account. However this may have a consequential effect on our Services.

5.Risk

a) Share trading is risky. You should understand the risks involved and be comfortable with share trading before deciding to engage us. There is no guarantee that you will make a profit or even recover the principal amount that you have invested.

b) There is a risk that the company you have invested in, or broader market or economy, does not perform as well as you expected it to, causing your Portfolio to fall in value.

c) Our Services are provided on a general basis and do not take your risk appetite, investment horizon or personal circumstances into account. Our Services are not tailored. We strongly encourage you to obtain professional advice from a financial planner if in doubt before engaging us.

6.Exclusions and limitations

a) We are a unique business so it is important to clarify what we do not do, the limitations of our Services and liability. 

b) You acknowledge and agree that:

i) the performance of any Trade is not guaranteed. You may lose money on a Trade or not make as much money as you would have had you taken another course of action. We are not liable for any Loss suffered on a Trade.

ii) share markets are unpredictable, and you accept the risks involved in making Trades, including loss of capital or illiquidity. As we lodge Trades as your agent, you are responsible and liable for them, including ensuring there are appropriate funds in your Broker Account to settle the Trade.  

iii) all brokerage, clearing and settlement services are provided by your Broker in accordance with the Broker Terms. These services are provided exclusively by the Broker and are solely regulated by the Broker Terms. We are not responsible or liable for any Loss you incur as a result of the services provided to you by the Broker, including as a result of any breach of the Broker Terms.

iv) we do not select or endorse securities which are included in your Portfolio. It is your sole responsibility to research and be comfortable with each security selected within your Portfolio.

v) our Services rely on networks and connections with the internet and other platforms, including those which connect the App with the Broker Account. If these are not available, it may lead to disruptions or delays in the provision of our Services, including in the lodgement of Trades. We are not liable or responsible for any Loss you incur as a result of such disruptions or delays.

vi) Trades are placed when the algorithm considers it to be appropriate having regard to various data sets and information used. That data and information is obtained from third parties and is not verified or confirmed by us as being correct or complete. Placing Trades on incorrect, incomplete or misleading data may result in Losses being incurred on those Trades. We are not responsible or liable for such Losses.

vii) our Services are not tailored to your personal circumstances and objectives and do not factor your risk appetite, investment horizon or other factors that would typically be considered when providing personalised trading services.

viii) our Services are only provided to you and cannot be relied upon, replicated or used by any other person.

c)Without limiting the terms of this Agreement, we will not be liable for any Loss you suffer as a result of the circumstances prescribed in clause 6(b).

7.Content

a) The App may contain data, information and news which is provided to us from third parties (App Information).

b) We do not verify or confirm the accuracy or completeness of the App Information and will not be liable for any Loss you incur as a result of relying on it. We recommend you confirm the accuracy and completeness of the App Information.

8.General Advice

The App may contain General Advice. General Advice is provided by us under our AFSL and has been prepared without taking your personal objectives, financial situation or needs into account. Before acting on it, we strongly encourage you to consider the appropriateness of it having regard to your personal circumstances and objectives.   

9.Fees  

a) You agree to pay us the Fee for providing you with the Services. Fees are payable either monthly in advance or annually in accordance with the terms of the DDR. The terms of the DDR are incorporated into this Agreement.

b) You agree to pay, or reimburse us if we pay on your behalf, any taxes, duties or other levies which are imposed on or otherwise payable in relation to the Services.

c) Unless otherwise specifically stated, sums payable or consideration provided under this Agreement will be expressed as being exclusive of any applicable amount of GST.

d) Where a party (supplier) makes a taxable supply to a person (recipient) under on in connection with this Agreement and GST is imposed on that supply, the supplier will be entitled to:

i) increase the consideration otherwise payable by the recipient for that supply under this Agreement by the amount of that GST; and

ii) otherwise recover from the recipient the amount of that GST.

e) The supplier must issue a tax invoice to the recipient no later than 5 Business Days after payment to the supplier of the GST inclusive consideration for that supply.

f) Words or expressions defined in the GST Act has the same meaning in this clause 9 unless otherwise defined in this Agreement.

10.Termination

a) Each party may terminate this Agreement upon providing at least 5 Business Days’ notice to the other party.  

b) If: 

i) we reasonably consider that you have engaged in fraud,

ii) we reasonably consider that you have breached any term of this Agreement and have not rectified that breach to our reasonable satisfaction within 10 Business Days after receiving notice from us;

iii) the Broker Terms are terminated or we reasonably consider you have breached the Broker Terms;  

iv) you cease to have a Broker Account or revoke our authority to act as your agent in respect of the Broker Account, then we may immediately terminate this Agreement by providing you with notice.    

c) Termination of this Agreement does not affect any obligations incurred on or prior to the date of termination.

d) Fees will be payable for the month in which the Agreement is terminated.

e) Clauses 10, 12, 14 and 15 are continuing obligations and will survive the termination of this Agreement.

11.Privacy

We will collect, handle and use your personal information in accordance with our Privacy Policy available at  Our Privacy Policy contains important information about the purposes for which we collect personal information, the entities to which we may disclose the information we collect (including any overseas disclosures that we may make), how you can access and seek correction of the personal information we hold about you or how you can make a complaint about our handling of your personal information.

12.AML

a) You must provide us with any information we require to satisfy our obligations under the AML/CTF Act. You acknowledge that the information you provide is your personal information and you have authority to provide it to us.

b) You consent to us using your personal information to verify your identity, including using the Document Verification Service (DVS) to confirm that the personal information you provide to us in your identity documents as evidence of your identity match the information held by the agency which issued that document. Our use of DVS to verify your identity may involve the use of third-party systems and services.

13.Warranties

a) You represent and warrant to us that:

i) all information and representations that you have provided to us in connection with this Agreement are true, accurate and not misleading, at the time they are given or made;

ii) you will not use the Services in connection with any unlawful, fraudulent or improper activity;

iii) you are not Insolvent;

iv) you, being the person who has agreed to this Agreement, has unconditional authority to bind you to this Agreement;

v) you have the capacity and authority to enter into and be bound by the terms of this Agreement; and

vi) your entry into or performance of your obligations under this Agreement will not infringe any applicable laws or agreements to which you are a party.

b) You repeat the warranties in clause 12(a) each day during the period in which you engage us to provide the Services.  

c) To the maximum extent permitted by law, we do not give any express warranty in relation to the Services, including that they will be suitable, of merchantable quality or fit for any particular purpose.

d) We do not give any implied warranties in relation to the Services, except for those implied under law which cannot be excluded by contract.

14.IP

a) All rights, title and interest in the App and Services are owned by us.     

b) Until this Agreement is terminated, we grant you a revocable, non-exclusive, non-transferable licence to use the App and Services in a manner intended by this Agreement. You grant us with a non-exclusive, irrevocable and sub-licensable right to use any information you submit on the App to allow us to provide the Services, which includes sharing that information with Brokers. Other than as set out in this clause, the Agreement does not transfer any rights between you and us.

c) You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, decompile, disassemble or otherwise attempt to copy or reproduce the App or Services.  

15.Liability and indemnity

a) To the maximum extent permitted by law, we exclude our liability to you in relation to any Claim you may have against us in connection with this Agreement. If our liability cannot be excluded by law, and to the extent we are entitled to do so by law, we limit our liability in respect of such Claim to, at our option, the re-supply of the relevant services (which are subject of the Claim) or payment of the cost of having those services supplied again.

b) In the event clause 15(a) is not enforceable, we will not be liable to you in any circumstance for any Consequential Loss you suffer or are otherwise entitled to in relation to any Claim you may have against us under or in connection with this Agreement.

c) To the maximum extent permitted by law, you agree to indemnify us and pay us on demand for any Loss we suffer as a result of:

i) your breach of this Agreement;  

ii) any Claim arising against or by the Broker, including any alleged or actual breach by you or the Broker of the Broker Terms; and

iii) acting as your agent to lodge and manage Trades on your Broker Account in accordance with this Agreement, 

except to the extent the Loss is contributed by our breach of the Agreement, fraud or gross negligence.

16. Portfolios
 

a) The Portfolios and information in the Portfolio tools have been prepared without taking into account the objectives, financial situation or needs of any particular individual. For this reason, any user should, before acting on the information in the application, consider the appropriateness of the information, having regards to the users objectives, financial situation and needs, and, if necessary, see appropriate professional information.

b) You acknowledge that when smart portfolio is activated this may result in the total position size  exceeding the allocated fund amount set in the trading settings. We are not liable for any Loss suffered if the funds allocation is exceeded.
c) The Model Portfolio’s can be updated at anytime and without notice to you.
d) From time to time we may not be able to execute all the portfolio recommendations due to a number of reasons. To the maximum extent permitted by law, you waive our liability to you in relation to any Claim you may have against us in connection to lost or failed trade opportunities. We are not liable for any Loss suffered on a Trade.

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17.Miscellaneous

a) This Agreement is governed by the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts in that jurisdiction.

b) We can unilaterally vary the terms of this Agreement by providing you with 30 days’ notice of the variation. The variation may come into effect after the notice period expires or at a later date specified in the notice. You agree to any variation by continuing to use the Services the date the variation takes effect.

c) If any term in this Agreement is unenforceable, illegal or void then it is severed from this Agreement and the rest of the Agreement remains in full force.

d) We may provide you with notice in relation to this Agreement electronically, which includes emailing you or posting a communication on the App. You will be deemed to have received the notice at the same time we post or send the communication. You may provide us with notice in relation to this Agreement by emailing us at 

e) You cannot assign this Agreement without our prior written consent. We may assign our rights or novate our rights and obligations under this Agreement at any time without your consent.

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Contact us

Contact us at:

T: +612 79080292

E: compliance@jaaimsapp.com

A: Level 1, 5/617 Elizabeth Street, Redfern NSW 2016 AUSTRALIA

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