Welcome to Lens ("the Software"), a tool provided by Potatoweb Pty Ltd ("the Company," "we," "our," or "us"). By accessing or using the Software, you ("the User," "you," or "your"), agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, you must not use the Software.
This software is designed to support Australian financial services professionals ("Clients") in efficiently collecting
and managing client information using a digital fact find tool. Clients can invite their clients ("End Users") to
securely complete their fact finds and upload relevant documents. Additionally, the software enables Clients, with the
express consent of the End User, to seamlessly and securely refer them to another financial services professional when
needed.
By using the Software, you represent and warrant that you:
1. Are at least 18 years of age.
2. Have the authority to enter into these Terms of Use on behalf of your organisation.
3. Will provide accurate, current, and complete information during registration and use.
3.1 Client Responsibilities
• Ensure compliance with applicable laws and regulations, including data protection laws such as the Privacy Act 1988 (Cth).
• Obtain all necessary consents from End Users before collecting their personal data.
• Use the Software solely for its intended purpose of information retrieval and management.
3.2 End User Responsibilities
• Provide accurate and complete information when completing the fact find.
• Maintain the confidentiality of login credentials.
• Refrain from uploading content that is illegal, harmful, or violates intellectual property rights.
4.1 Collection of Data
The Company processes personal data provided by Clients and End Users in accordance with its Privacy Policy, which can be found at https://lensapp.com.au/privacy. By using the Software, you consent to this processing.
4.2 Data Security
We implement industry-standard measures to protect your data. However, we cannot guarantee absolute security. You are responsible for securing access to your accounts and notifying us immediately of any unauthorised access.
5.1 License Grant
We grant you a non-exclusive, non-transferable, revocable license to use the Software solely for its intended purpose.
5.2 Ownership
All rights, title, and interest in the Software, including intellectual property, remain with the Company. Unauthorised use, reproduction, or distribution is prohibited.
You agree not to:
• Use the Software for any illegal or unauthorised purpose.
• Introduce viruses or other malicious code.
• Reverse engineer, decompile, or attempt to extract the Software's source code.
7.1 Overview
The Software includes integrations with third-party services to enhance its functionality. Currently, the Software integrates with AdviserLogic to facilitate seamless client data management for financial advisers.
7.2 Data Sharing and Synchronisation
When you create a client on the Software, a corresponding client profile is also created in AdviserLogic. By using this integration, you consent to the sharing and synchronisation of client data between the Software and AdviserLogic. It is your responsibility to ensure that you have obtained all necessary client consents required under applicable laws and regulations before utilising this integration.
7.3 Limitations of Liability
The Software is not responsible for the functionality, availability, or accuracy of any third-party service, including AdviserLogic. Any issues arising from the use of third-party services must be addressed directly with the respective provider. The Company does not provide warranties or guarantees regarding third-party services, and your use of such services is subject to the terms and conditions of the respective provider.
7.4 Changes to Integrations
The Company may modify, add, or remove third-party integrations at any time, at its sole discretion, with or without notice. While the Company will endeavour to provide advance notice of significant changes, you acknowledge that continued use of the software following any changes constitutes acceptance of those changes.
7.5 Jurisdictional Compliance
It is your responsibility to ensure compliance with all applicable laws, regulations, and industry standards in relation to the use of third-party integrations, including obtaining client consent where required.
8.1 Customisation Features
The Software provides certain sections where clients may enter custom text and apply their own logo and branding to the fact find. These features are intended to enhance the flexibility and personalisation of the software for your business needs.
8.2 Restrictions on Use
By using the customisation and branding features, you agree not to:
(a) include any content that is unlawful, defamatory, abusive, obscene, discriminatory, or otherwise inappropriate;
(b) upload or use any logo, branding, or other material that you do not own or have the necessary rights to use;
(c) misrepresent or falsely attribute content to Lens or imply endorsement by Lens of any custom content, logo, or branding.
8.3 Content Ownership and Responsibility
All customised content, logos, and branding uploaded by you remain your property or that of your licensors. You are solely responsible for ensuring that any material you customise or upload complies with applicable laws, regulations, and third-party rights. The Company does not claim ownership of such content but reserves the right to review and, at its discretion, remove any material that violates these Terms of Use.
8.4 Indemnity
You agree to indemnify and hold the Company, its affiliates, and personnel harmless from any claims, damages, losses, or liabilities arising from your use of the customisation and branding features, including any intellectual property infringement, legal violations, or misuse of the Software.
8.5 Right to Modify or Suspend
The Company reserves the right to modify, suspend, or disable the customisation and branding features at its sole discretion if misuse is detected or if required to ensure compliance with applicable laws or industry standards.
Use of the Software may be subject to subscription fees as outlined in your agreement with the Company. Fees are non-refundable except as required by law.
The Software is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Software is not responsible for the functionality, availability, or accuracy of any third-party service, including AdviserLogic. Any issues arising from the use of third-party services must be addressed directly with the respective provider. The Company does not provide warranties or guarantees regarding third-party services, and your use of such services is subject to the terms and conditions of the respective provider.
The Company disclaims all liability for any issues, damages, or losses resulting from your use of the customisation and branding features, including errors, omissions, or misrepresentation in free-typed sections, or improper use of uploaded logos or branding.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Software.
We may suspend or terminate your access to the Software if you violate these Terms of Use or engage in activities that harm the Company or other users.
These Terms of Use are governed by the laws of Australia. Any disputes shall be resolved in the courts of the relevant state or territory, as determined by the location of the parties or the software provider's registered office in Australia.
We reserve the right to modify these Terms of Use at any time. The most current version of the Terms of Use will always be available on our website and platform. Your continued use of the Software after any modifications constitutes acceptance of the updated terms
For questions about these Terms of Use, contact us at:
Potatoweb Pty Ltd
accounts@lenasapp.com.au