DISCLAIMER AND USER ACCEPTANCE STATEMENT

Property & Portfolio Modelling Tools (Australia)


1) Purpose and General Nature of the Platform

http://gameplans.com.au provides general information and scenario modelling tools to help users explore property and portfolio outcomes based on user-entered assumptions. http://gameplans.com.au is a technology provider only. http://gameplans.com.au does not provide financial product advice, personal advice, legal advice, taxation advice, superannuation advice, credit assistance, or any other regulated advisory service.

Outputs are illustrative only and are not guarantees, forecasts, recommendations, or instructions. http://gameplans.com.au does not consider your objectives, financial situation, needs, risk profile, or personal circumstances unless you engage an appropriately licensed professional separately.


2) Regulatory Classification and Financial Product Warning

You acknowledge and agree that, under the Corporations Act 2001 (Cth):

  • Interests in, or arrangements involving, trusts, companies, and self-managed superannuation funds (SMSFs) may constitute "financial products" (including, where applicable, interests in a managed investment scheme, securities, or superannuation interests).
  • Any communication or conduct that influences, or could reasonably be regarded as intended to influence, a decision to acquire, dispose of, vary, or hold a financial product (including via these structures) may constitute financial product advice or other regulated conduct.

Accordingly, modelling scenarios involving trusts, companies, or SMSFs can intersect with the Australian financial services regulatory framework.


3) Clear Distinction Between Unregulated vs Potentially Regulated Use

(A) Generally unregulated modelling (individual/personal name):

Modelling a property purchase in an individuals own name (without using a trust, company, SMSF or other investment structure that is a financial product) is generally treated as property-related modelling and does not, by itself, involve advice about a financial product.

(B) Potentially regulated modelling (structures):

Modelling property acquisition or ownership through any of the following may involve a financial product and/or regulated conduct:

  • Trusts (including discretionary/family trusts, unit trusts, hybrids, bare trusts)
  • Companies (including corporate beneficiaries and special purpose companies)
  • SMSFs (including LRBA scenarios, contribution strategies, pension/accumulation considerations)
  • Any other structure or arrangement that is, or may be, a financial product under the Corporations Act.

When using http://gameplans.com.au to model these structures, you acknowledge there is a material risk that the activity, and/or the way results are interpreted or communicated, could be characterised as financial product advice or other regulated activity.


4) No Advice, No Recommendation, No Product Comparison

http://gameplans.com.au does not:

  • recommend any structure (individual, trust, company, SMSF) as being suitable or preferable;
  • recommend establishing, acquiring, contributing to, rolling over, or operating an SMSF;
  • recommend any trustee/custodian arrangement, unit issue, beneficiary arrangement, LRBA, or similar strategy;
  • compare, select, or recommend financial products, superannuation products, managed funds, securities, or investment platforms; or
  • provide a Statement of Advice (SOA), Record of Advice (ROA), Product Disclosure Statement (PDS), or any substitute for them.

Any tools, labels, scenario outputs, assumptions, pre-filled fields, or educational content are provided for general educational modelling only and must not be treated as personal advice or a recommendation.


5) Licensing and Professional Use Warning (AFSL / Authorised Representative)

If you are a professional, adviser, broker, accountant, buyers agent, strategist, or other service provider, you acknowledge and agree:

  • If you use http://gameplans.com.au to model, discuss, present, or communicate outcomes involving trusts, companies, or SMSFs to a client, you must ensure you hold an Australian Financial Services Licence (AFSL) or are an Authorised Representative (or otherwise lawfully permitted) to provide any financial product advice or conduct regulated activities.
  • Use of http://gameplans.com.au does not grant you any authorisation, licensing, or compliance coverage.
  • You are solely responsible for your own compliance obligations (including licensing, disclosure, record-keeping, training, supervision, and client communication).
  • Using http://gameplans.com.au in connection with regulated structures without appropriate authorisation may expose you to civil, criminal, and regulatory consequences, including action by ASIC and/or other regulators.
  • You acknowledge that industry bodies and stakeholders (including PICA) have identified modelling tools and their use with certain structures as an area of regulatory concern, particularly where outputs are used to influence decisions involving financial products.

6) User Responsibilities and Mandatory Independent Advice

You agree that before acting on any modelling output—especially where a trust, company, SMSF, or other regulated structure is involved—you will obtain advice from appropriately qualified professionals, which may include:

  • an AFSL holder / authorised representative for financial product advice (including SMSF and structure-related advice where applicable),
  • a licensed tax agent / accountant for taxation implications, and
  • a qualified lawyer for legal structuring, documentation, trustee/company duties, and compliance.

You are solely responsible for:

  • verifying the accuracy and completeness of all data inputs;
  • validating assumptions (interest rates, rent, vacancy, expenses, tax, contributions, etc.);
  • confirming legal/tax/superannuation outcomes; and
  • ensuring any actions you take comply with all applicable laws and regulatory requirements.

7) No Reliance and Risk Warning

You must not rely on http://gameplans.com.au outputs as the basis for any decision involving:

  • establishing or operating a trust, company, or SMSF;
  • acquiring or disposing of any interest that may be a financial product; or
  • determining suitability, appropriateness, or compliance of any structure or strategy.

Modelling does not capture all legal, tax, credit, superannuation, and personal circumstances variables. Outcomes can vary materially and may be wrong if assumptions are wrong. Past performance or projected results are not indicators of future performance.


8) Limitation of Liability (to the maximum extent permitted by law)

To the maximum extent permitted by law:

  • http://gameplans.com.au disclaims all liability for any loss, damage, cost, claim, penalty, or consequence arising from or connected with your use of http://gameplans.com.au, including reliance on outputs, errors in inputs, misunderstandings of regulatory classification, or any compliance failures by you or your advisers;
  • http://gameplans.com.au makes no warranty that outputs are complete, compliant, fit for your purpose, or suitable for use in advice documents, client presentations, or regulatory disclosures; and
  • where liability cannot be excluded, http://gameplans.com.au liability is limited (at http://gameplans.com.au's election) to resupplying the services or paying the cost of having the services resupplied.

Nothing in this statement excludes, restricts, or modifies any consumer guarantees or rights that cannot lawfully be excluded under the Australian Consumer Law.


9) Specific Acknowledgements for Structure Modelling (Trust/Company/SMSF)

If you choose to model scenarios involving a trust, company, SMSF, or similar structure, you specifically acknowledge that:

  • such modelling may relate to or affect decisions about financial products;
  • you will not treat http://gameplans.com.au outputs as advice or a recommendation;
  • you will obtain appropriately licensed advice before acting; and
  • you accept all risks associated with using outputs for regulated purposes, including risks of regulatory breach if used improperly.

10) User Acceptance (Click-Through)

By clicking "I Agree" (or by continuing to use http://gameplans.com.au), you confirm that:

  • You have read and understood this Disclaimer and User Acceptance Statement.
  • You understand the distinction between modelling in an individual name versus modelling involving trusts, companies, SMSFs, or other regulated structures.
  • You understand that modelling involving certain structures may intersect with regulated financial services laws and may require an AFSL/authorisation for professionals.
  • You accept responsibility for ensuring your use of http://gameplans.com.au complies with applicable laws and for obtaining independent professional advice.
  • You agree not to rely on http://gameplans.com.au outputs as personal advice or a recommendation and you accept the limitation of liability to the maximum extent permitted by law.