We provide our online calculator service (Calculator) and the results that it produces (Results) without charging a fee to the individual(s) whose indicative range of life expectancy is being estimated by the Calculator (Individual), but this agreement applies in relation to its use. We may cease or suspend the provision of the Calculator or Results at any time or change them from time to time without prior notice to you.
The Calculator provides an enhanced but purely indicative estimate of each Individual's likely range of lifespan to illustrate the number of years that their savings might need to last in retirement. You must not use it for any other purpose. It is a model, not a prediction. The Results should not be seen as underwriting.
The Results are not, and must not be used as, any form of estimate or guarantee of any specific age to which the Individual may or may not live. The reasons for this include:
The Calculator is not suitable for use if the Individual has a serious or life-threatening physical or mental condition. You must not use the Calculator in that case.
The Calculator considers actuarial data from Australia and internationally, including data regarding several (but not all) factors that are known to affect life expectancy. You must not use the Calculator for an Individual who is not an Australian resident.
You must not rely on the Calculator to decide whether or not an Individual can or should retire. It does not take into account the Individual’s financial situation or wider circumstances. There are many other factors to consider, such as investment objectives and detailed financial situation and needs.
The Calculator does not relate to any financial product and must not be relied upon to decide on a specific financial product.
You may only use the Calculator if you are the Individual (i.e. personal use) or are concurrently preparing related bona fide advice to provide to a single specific Individual and use the Results solely for that purpose (i.e. bona fide advisor use). Without limiting the foregoing, except as part of bona fide advisor use, you must not:
You are responsible for providing your own hardware, software and internet access necessary to access the Calculator, and we are not responsible for how it interacts with the Calculator. You must also:
You acknowledge and agree that all data (including age and health-related data) that you provide in connection with your use of the Calculator (Submitted Data) is provided without you providing (and you must not provide) information that identifies the Individual. Accordingly, you agree that the Submitted Data is not confidential and is not “personal information” for the purposes of any law or regulation relating to privacy. You hereby assign to us all intellectual property (including copyright) in all Submitted Data and consent to us using the Submitted Data in any way for any purpose.
This agreement only gives you a right to use the Calculator. It does not grant you a licence to use, or any right to obtain a copy of, any software or data that we use to provide the Calculator, and we retain all intellectual property owned by us in it. You also agree that the actuarial data underlying the Calculator is the confidential information of ours. Without limiting the foregoing, you must not reverse engineer that software or data or attempt to do so.
We will provide the Calculator and Results with due care and skill, but subject to the Disclaimers. Otherwise, to the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Calculator, any Results or this agreement are excluded. To the extent permitted by law, we do not promise that the Calculator or Results will be available at all times or fault-free.
To the extent permitted by law, any liability of ours in connection with the Calculator, Results or this agreement:
is, where permitted by law, limited in aggregate and at our option to the resupply of the Calculator (or revised version of it) and relevant Results or the amount of A$0.01.
In addition, to the extent permitted by law, all liability of ours is excluded in respect of any indirect or consequential loss suffered or incurred by you, in relation to the Calculator, Results or otherwise under or in connection with this agreement, and in any event (including where amounting to a direct loss) for any additional expense or lost income, profit or gain, even if we knew or should have known of the possibility of such expense or loss.
To the maximum extent permitted by law, in the case of bona fide advisor use, you hereby indemnify and must keep indemnified us against all losses incurred by us:
We may enforce this indemnity before and without incurring any expense or making any payment to any person.
Clauses 2 to 6 will continue to apply after any termination or expiry of this agreement.
This agreement is to be construed according to, and is governed by, the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement.
This agreement constitutes the entire agreement between you and us in relation to its subject matter. Any prior or other arrangements, agreements, representations, or undertakings are superseded. Except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation, or understanding that is not expressly set out in this agreement or incorporated by reference. We are not responsible for, and you may not make any claim against us based on any representation in any third party website that incorporates or frames the Calculator (including any website of any superannuation fund or financial advisor).
In this agreement: