Legal Terms and Conditions

GENERAL

The kearneygroup.com.au website (“this website”) is owned by Kearney Group Pty Ltd (ABN 62 140 859 481). It is operated by Kearney Group Pty Ltd and other companies or entities that are affiliates of Kearney Group Pty Ltd (referred to collectively as “Kearney Group Financial Services” or “Kearney Group”).

Access to this website is subject to these terms and conditions, Kearney Group’s Privacy Policy, notices, disclaimers and any other terms and conditions or statements contained within this website (referred to collectively as “Terms and Conditions”). By using this website, you agree to be subject to the Terms and Conditions.

Kearney Group reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes.

If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

PRODUCTS & SERVICES

All products and services referred to on this website are provided by:

  • Kearney Group Pty Ltd (ABN 62 140 859 481);
  • Kearney Group Business Advisory Pty Ltd (ABN 80 007 077 947); 
  • Kearney Group Strategic Lending Pty Ltd (ABN 23 609 631 816);
  • Kearney Group Private Wealth Pty Ltd (ABN 39 159 163 774); and
  • Imagineering FS Pty Ltd (ABN 41 627 350 636).

These entities are collectively referred to as “Kearney Group Financial Services” or “Kearney Group”.  Kearney Group operates from Suite 8, 651 Victoria Street, Abbotsford VIC 3067.

Although one adviser in Kearney Group may offer you different services, each entity is solely and separately responsible for the services provided by its representatives. 

Business Advisory Services

Kearney Group Business Advisory Pty Ltd (ABN 80 007 077 947) is a CPA Public Practice. Liability limited by a scheme approved under professional standards legislation.

Financial Advice

Kearney Group Private Wealth Pty Ltd (ABN 39 159 163 774) provides financial services as a Corporate Authorised Representative of Imagineering FS Pty Ltd (ABN 41 627 350 636), which is the holder of Australian Financial Services Licence (AFSL) 510873. 

Imagineering FS Pty Ltd authorises and is responsible for the strategic advice provided by Kearney Group Private Wealth Pty Ltd only, and Imagineering FS Pty Ltd is in no way responsible or liable for the accuracy or quality of the information provided by representatives of the other Kearney Group entities.

Consumer Credit Services

Kearney Group Strategic Lending (ABN 23 609 631 816) is a Corporate Credit Representative of Australian Finance Group Ltd (AFG) (ABN 11 066 385 822), 100 Havelock Street, West Perth WA 6005 which is the holder of Australian Credit Licence (ACL) 389087.

General Advice

The content found within this website is for your information only. This website, in whole or in part, is not designed for the purpose of providing personal financial, investment or business advice. Information provided does not take into account your individual objectives, financial situation or needs. 

Before acting on information or general advice on this website, you should first consider its appropriateness for your particular objectives, financial situation or needs. You can either make this assessment yourself or seek the assistance of an adviser or an independent legal professional.

If the general advice relates to the acquisition, or possible acquisition of a particular financial product, you should obtain and consider the appropriate Financial Services Guides and Product Disclosure Statements before making any decision about whether to acquire the product. Copies of these documents can be obtained by contacting Kearney Group in writing.

Investment Performance

Where this website references investment results or historical performance data, it is important to understand that past performance is not a reliable indicator of future performance.

Unless otherwise stated, Kearney Group does not guarantee any particular rate of return or performance of any investment. Any investment is subject to market and other risks. Please consult the relevant Product Disclosure Statements for more information.

DISCLAIMERS & LIMITATION OF LIABILITY

This website is intended for use by persons accessing the website from within Australia. The services described are only available to persons accessing the website from within Australia.

Kearney Group cannot guarantee the safety or security of your computer system or other electronic devices. Kearney Group does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system or other electronic device sustained in connection with the use of the website or user content.

Kearney Group makes no representations or warranty of any kind, express or implied as to the operation of the website or the user content. You expressly agree that your use of the website is entirely at your sole risk. To the extent permitted by legislation such as the Competition and Consumer Act 2010 (Cth), this website is provided on an “as is, as available” basis.

The Competition and Consumer Act 2010 (Cth) and similar Commonwealth, State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the website (including any functions contained on the website) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.

To the extent permitted by law, Kearney Group expressly disclaims all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits whatsoever of any kind resulting from, arising out of or any way related to:

  1. Any errors in or omissions of the website and/or the user content, including, but not limited to, technical inaccuracies and typographical errors,
  2. Any third party web sites or content directly or indirectly accessed through links in the website, including, but not limited to, any errors or omissions,
  3. The unavailability of the website or any portion,
  4. Your use of the website, or
  5. Your use of any electronic device or software in connection with the website.

The maximum aggregate liability owed by any of Kearney Group’s entities for all proven losses, damages and claims arising, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims, where the maximum aggregate amount is equal to the total amount paid by you to us for services provided by us to you.

THIRD PARTY INFORMATION

This website may contain references, promotions, information or links to external providers, websites and/or servers over whom Kearney Group has no control. Such information and links are provided for your convenience only. Kearney Group has not verified, and assumes no responsibility for, the content of any other website. A link to or from a third party website is not an endorsement, approval or recommendation of that website, the operator(s) or the content contained on the website.

  • Kearney Group makes no warranties or representations as to the quality, accuracy or appropriateness of the goods or services available from third party websites. Should you choose to obtain goods or services from these websites, or associated companies or persons, this is done at your own risk. You indemnify each member of the Kearney Group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.
  • If you link to this website from a third-party site or server (”S/S”), you must ensure that this S/S does not contain any material that contravenes any law, is offensive or distasteful, disparages or adversely affects the brand or reputation of Kearney Group, any of Kearney Group’s affiliated companies/entities or its services. You must ensure that this S/S does not make any representations about Kearney Group, any of its affiliated companies/entities or services, including any representations of endorsement, sponsorship, affiliation or approval of you or the S/S by Kearney Group. You must ensure the S/S does not represent or reproduce Kearney Group documents or information, or attempt to pass content off as belong to the S/S.

If you choose to follow a link to or from a third party website, you do so entirely at your own risk and Kearney Group takes no responsibility for loss or damages arising, either directly or indirectly, from the reliance on, the use of or inability to use links via this website.

COPYRIGHT

All content, unless otherwise stated, is the sole and legal property of Kearney Group.

Unless you have received the express, written consent of Kearney Group:

  • No content on this website (including text, graphics, videos, audio, attachments, forms, web tools and all other intellectual property) may be reproduced, downloaded, stored, adapted, uploaded to a third-party, linked to, published, framed, performed in public, transmitted or otherwise redistributed, in whole or in part;
  • You may not modify or create derivative documents or works from any part of this website;
  • You may not commercialise any documents or information obtained on this website.

Where Kearney Group provides third party material on this website, it is your responsibility to seek out appropriate permissions from the copyright holder for that material.

FEEDBACK & COMPLAINTS

Kearney Group appreciates your feedback and is committed to fair and efficient resolution of all complaints.

Website

If you have feedback or concerns about this website or these Terms and Conditions, please contact Kearney Group’s Software Division Manager.

Software Division Manager
PO Box 3347
Burnley North VIC 3121

Phone: +61 3 9428 8822

Privacy

If you are concerned about how your personal information is being handled or if you have a complaint about a breach of the Privacy Act or the APPs, please contact Kearney Group’s Privacy Compliance Officer and follow the complaints process outlined in Kearney Group’s Privacy Policy.

Advice & Services

Our aim is to resolve any nagging concerns you may have, before they become a formal complaint.

If you have any concerns about Kearney Group’s advice, products or services, please first contact Kearney Group’s Corporate Governance Manager.

Corporate Governance Manager
PO Box 3347
Burnley North VIC 3121

Phone: +61 3 9428 8822

Formal complaints should be directed to our Corporate Governance Manager in writing.

We will acknowledge your complaint as soon as we can after receipt of your complaint. We will let you know if we need any further information from you to resolve your complaint.

Kearney Group will investigate the complaint and prepare a response to the complaint in writing, in a reasonable period of time. We strive to resolve most complaints within five business days but some matters take longer to resolve. If your complaint is taking longer, we will let you know what is happening and a date by which you can reasonably expect a response.

If you are not satisfied with our response or the manner in which we dealt with the complaint, there are other bodies with which you can escalate your concerns. The Australian Financial Complaints Authority (AFCA) can consider most complaints involving providers of financial services.

AFCA can be contacted at:

Australian Financial Complaints Authority Limited
GPO Box 3
Melbourne VIC 3001

Phone: 1800 931 678

www.afca.org.au

Speak to the team.