Governing access to and use of the Rhode AML website and digital compliance products.
These Terms and Conditions govern access to and use of the website, digital compliance products, templates, documents, tools, checklists, guidance materials and associated content supplied by Rhode Trading and Investment Pty Ltd trading as Rhode AML (Rhode AML, we, us or our).
By purchasing, accessing, downloading or using any of our digital products or services, you agree to these Terms and Conditions.
If you purchase or access a Product on behalf of another entity, you warrant that you have authority to bind that entity to these Terms.
Rhode AML provides compliance information, guidance, tools, templates and related advisory resources, including products designed to assist businesses in understanding and managing obligations under Australia's anti-money laundering and counter-terrorism financing regulatory framework.
In these Terms, Product means any digital product, compliance program, template, document, checklist, risk assessment tool, training material, guidance, software functionality or other material supplied by Rhode AML, whether purchased separately, supplied through a subscription, or made available through our website.
Unless expressly agreed otherwise in a separate written engagement, the Products are provided as compliance support resources and do not constitute legal advice.
The Product is intended to assist you in developing, implementing and maintaining your compliance arrangements. It is not a substitute for your own assessment of your legal and regulatory obligations.
The application of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), associated Rules, regulations, AUSTRAC guidance and other applicable laws depends on the particular circumstances, designated services, customers, transactions, risks and operations of each business.
You remain responsible for:
Use of a Product does not transfer any statutory obligation of Rhode AML to you, nor does it transfer any statutory obligation imposed on you or your business to Rhode AML.
Nothing supplied by Rhode AML constitutes a representation or guarantee that your business is, or will remain, compliant with the AML/CTF laws or any other regulatory requirement.
Rhode AML is not AUSTRAC and does not determine whether a person has complied with the AML/CTF laws.
Unless expressly stated otherwise, our Products have not been approved, certified or endorsed by AUSTRAC or any other regulator.
Purchase or use of a Product does not guarantee:
Regulators and courts may interpret legislation differently from industry participants, consultants and advisers.
AML/CTF compliance is risk-based and business-specific.
You must not adopt a Product without considering whether it is appropriate for your particular operations, customers, designated services, delivery channels, geographic exposure and risk profile.
You are responsible for reviewing and, where appropriate, modifying the Product before implementation.
Where we provide templates, examples, model policies, risk assessments, procedures or suggested controls, those materials are starting points and must be considered in the context of your individual circumstances.
You should obtain independent legal or other appropriately qualified professional advice where necessary, particularly where:
The usefulness and accuracy of a Product may depend on information supplied by you.
You are responsible for ensuring information you provide to Rhode AML or enter into a Product is complete, accurate, current and not misleading.
Rhode AML is not responsible for an error, omission or inappropriate outcome to the extent it results from:
AML/CTF and other regulatory requirements may change through legislation, Rules, regulatory guidance, judicial decisions, enforcement practice or other developments.
Rhode AML uses reasonable efforts to maintain the accuracy and currency of its Products. However, unless expressly stated otherwise, we do not warrant that every Product will at all times reflect every regulatory development immediately after it occurs.
You are responsible for monitoring legal and regulatory developments relevant to your business.
Where your purchase includes an ongoing update service or subscription, Rhode AML may update the Product from time to time to reflect regulatory developments, changes in guidance, improvements to the Product or changes to our methodology.
A Product downloaded, exported or copied from our platform may subsequently become outdated.
Unless Rhode AML expressly agrees otherwise in writing as part of a separately defined professional engagement, information contained in the Product does not constitute legal, financial, taxation or other professional advice.
No solicitor-client relationship is created merely by accessing, purchasing or using a Product.
References to legislation, AUSTRAC guidance or regulatory requirements are provided for compliance-support purposes and should not be treated as a substitute for advice concerning your particular circumstances.
Subject to payment of all applicable fees and compliance with these Terms, Rhode AML grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to use the Product for the internal business purposes of the purchasing entity.
Unless expressly permitted by us in writing, you must not:
You may provide reasonable extracts of a Product to your professional advisers, auditors and regulators where necessary for your business, provided that this does not amount to commercial redistribution.
Rhode AML retains all intellectual property rights in its Products, including templates, methodologies, structures, written material, graphics, training content, software, databases and branding, except for material expressly identified as belonging to a third party.
Purchasing a Product gives you the right to use it in accordance with these Terms. It does not transfer ownership of the Product or its underlying intellectual property.
You retain ownership of information and materials supplied by you.
Prices are as displayed at the time of purchase and are inclusive or exclusive of GST as stated at checkout.
Where a Product is supplied under a subscription, the applicable billing period, renewal arrangements and cancellation process will be disclosed when you subscribe.
If your subscription automatically renews, you authorise us to charge the applicable renewal fee using your nominated payment method unless you cancel before the renewal date.
You may cancel future renewals in accordance with the cancellation method stated in your account or subscription documentation.
Except where required by law or expressly stated otherwise, fees already paid are non-refundable.
We may maintain, modify or improve the Product from time to time.
We do not guarantee uninterrupted or error-free access to an online Product. Access may occasionally be interrupted for maintenance, security, technical problems or circumstances outside our reasonable control.
We will use reasonable efforts to minimise material disruption.
A Product may contain references or links to AUSTRAC, legislation, government agencies or other third-party resources.
Third-party material is outside our control and may be amended or removed without notice.
A reference or link does not constitute endorsement of a third-party service or a representation that the third-party material will remain available or unchanged.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
Where permitted by law, and where our liability for a failure to comply with a statutory guarantee can lawfully be limited, our liability is limited, at our option, to:
This clause prevails over any other provision of these Terms to the extent of any inconsistency.
Subject to clause 13 and to the maximum extent permitted by law:
Rhode AML is not liable merely because:
To the extent permitted by law, Rhode AML is not liable for indirect, special or consequential loss arising from use of a Product, including loss of profits, revenue, opportunity, business, goodwill or anticipated savings.
Rhode AML is also not responsible for fines, penalties, enforcement consequences or other regulatory loss to the extent they arise from your acts or omissions, your compliance decisions, inaccurate information supplied by you, failure to properly implement or maintain your compliance arrangements, or use of the Product contrary to these Terms.
To the maximum extent permitted by law, Rhode AML's aggregate liability arising out of or in connection with a Product, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by you to Rhode AML for the Product giving rise to the claim during the 12 months immediately preceding the event giving rise to the liability.
This limitation does not apply to liability that cannot lawfully be excluded or limited.
Each party must take reasonable steps to mitigate any loss for which it seeks recovery from the other party.
To the extent permitted by law, you indemnify Rhode AML against third-party claims, loss or liability arising directly from:
The indemnity does not apply to the extent the relevant loss was caused by Rhode AML's negligence, fraud, wilful misconduct or breach of these Terms.
We may suspend or terminate access to a Product where reasonably necessary because of:
Where reasonably practicable, we will give you notice and an opportunity to remedy a remediable breach before terminating access.
Termination does not affect rights or liabilities accrued before termination.
Personal information collected through the website or Product will be handled in accordance with our Privacy Policy and applicable privacy laws.
You must ensure that you are entitled to provide any personal, confidential or customer information you submit to a Product.
You should not upload information to a Product where doing so would breach confidentiality, privacy, tipping-off restrictions, legal professional privilege or any other legal obligation.
We may amend these Terms where reasonably necessary to reflect:
For material changes that adversely affect an existing paid subscription, we will give reasonable notice where practicable. Unless an immediate change is reasonably required for legal, regulatory or security reasons, a materially adverse change will ordinarily apply from the next renewal period.
If any provision of these Terms is invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed. The remainder of these Terms will continue in effect.
A failure or delay in exercising a right under these Terms does not constitute a waiver of that right.
These Terms, together with any applicable order form, subscription terms, Privacy Policy and other terms expressly incorporated by reference, constitute the agreement governing your purchase and use of the Product.
If there is an inconsistency between these Terms and a separately signed agreement between you and Rhode AML, the signed agreement prevails to the extent of the inconsistency.
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the jurisdiction of the courts of that State or Territory and the Commonwealth of Australia.
Rhode Trading and Investment Pty Ltd trading as Rhode AML
ABN: 90 669 249 807
Email: compliance@rhodeaml.com.au
Website: rhodeaml.com.au