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My Money Buddy Limited TERMS AND CONDITIONS

1.          Background

These terms and conditions (Term) govern your use of the My Money Buddy Technology that you access on a website or application provided to you by a person other than My Money Buddy and forms a binding contractual agreement between you (End User) and My Money Buddy Limited ACN 152 058 627 (My Money Buddy).

By using the My Money Buddy Technology, you acknowledge, accept and agree to comply with these Terms and My Money Buddy’s Privacy Policy. If you do not agree to these Terms and Conditions, please DO NOT USE the My Money Buddy Technology.

 

Important
Before you disclose your Account Information to My Money Buddy check the terms of service of your End User Account Providers which may restrict you from doing so. For example, you may lose certain protections under some financial institution’s terms of service.

If this is the case, you should obtain your financial institution’s consent to provide your Account Information to My Money Buddy so that you are not in breach of their terms of service or lose any protections.

2.          Definitions

Account Information means all information provided by an End User to My Money Buddy to enable My Money Buddy and its Service Providers to obtain Account Data from the End User’s Financial Institution Accounts.

API means the application programming interface programmed by My Money Buddy which enables the End User to obtain aggregated Account Information in the form displayed on the My Money Buddy Technology and to further access the My Money Buddy Technology components (whether used in part or as a complete package).

End User means person who registers an account in the My Money Buddy Technology and Active End User and AEU mean any End User who has logged in at least once and activated their account within the My Money Buddy Technology.

My Money Buddy Technology means the web based software and mobile applications, application programming interface access (including, but not limited to proprietary computer programs, code, software, processes, data, information, tables) and other components and any enhancements or improvements made to those components and made available to My Money Buddy’s customers from time to time.

Service Provider means any third party service provider who collects some or all End User Information for the purposes of providing Account Data to My Money Buddy.

Service Provider Technology means any brand, patent, technology, software, or web application that is owned, licensed, or affiliated with a Service Provider.

3.          Agreement Extends to Service Providers

Service Providers are third party beneficiaries under these Terms with all the rights, benefits and protections as if each were a party to these Terms. A reference to My Money Buddy in these Terms is (for the purpose of the Service Provider receiving the full benefit of such rights, benefits and protections) deemed to be a reference to the Service Provider(s). 

4.          End User Acknowledgement

The End User agrees to provide true, accurate, current and complete information about the End User and End User Accounts.

When the End User uses the My Money Buddy Technology to access an End User Account, the End User authorises My Money Buddy and the Service Provider to:

  • Transmit Account Information provided by the End User to access the End User Accounts via an authenticated and encrypted secure socket layer format to the Service Provider,
  • Register to view those Accounts;
  • Retrieve and transmit Account Information requested by the End User; and
  • Deliver and store the Account Information
  • Use, modify, display, distribute and create graphical representations from such information to provide the My Money Buddy Technology to the End User.

The End User acknowledges that once the Account Information leaves the My Money Buddy Technology as part of a transmission to the Service Provider(s), it is out of My Money Buddy’s control and that if the Account Information does not reach the Service Provider(s) or is in any way intercepted or captured, My Money Buddy will not be liable for any loss or consequential loss, including any loss of revenue, anticipated saving, increased financing costs or any special or indirect loss or damage, resulting from such loss of Account Information.

The End User does not give My Money Buddy the right to provide or act on behalf of the End User to transact or make payments to or on behalf of the End User.

5.          End User Representations

The End User:

  • Represents that it is the legal owner of the Account Information and is authorised to appoint My Money Buddy and the Service Provider(s) as your agent for the purpose of clause 4;
  • Warrants that all information the End User provides to My Money Buddy and the Service Provider(s) in connection with the My Money Buddy Software is accurate, current and complete, and that the End User has the right to provide it to My Money Buddy and the Service Provider(s);
  • Acknowledges that when My Money Buddy and the Service Provider(s) access and retrieve information from an End User Account they do so as the End User’s agent and not the agent of the End User Account provider;
  • Agrees to keep your My Money Buddy login and password and Account Information up to date and accurate; and
  • Understands that it must not select a My Money Buddy login or password that is easily identifiable or based on easily accessible personal data, that it is responsible for maintaining the security and confidentiality of your My Money Buddy login and password and agrees My Money Buddy will not be responsible for the maintenance of the security of your My Money Buddy login and password if the End User discloses it to a third party.
  • Understands and agrees that End User Account providers accessible through the My Money Buddy Technology do not endorse or sponsor the My Money Buddy Technology;
  • Acknowledges that balances shown on the My Money Buddy Technology obtained from an End User Account reflect the most recent refresh by the End User Account provider and My Money Buddy (collectively) and may not be as accurate as if the End User Account was accessed directly.

6.          My Money Buddy and Service Provider Intellectual Property

The End User understands and agrees that the My Money Buddy and the Service Provider(s) own all proprietary computer programs, code, software, trade secrets and know-how, including all services, processes, data, information and tables that they created and which are used to provide the My Money Buddy Technology. The End User shall not: 

  • Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any My Money Buddy or Service Provider Technology;
  • Make any My Money Buddy or Service Provider Technology available to any third parties;
  • Modify, adapt, translate or create derivative works based on any My Money Buddy or Service Provider Technology;
  • Reproduce any portion of My Money Buddy or any Service Provider’s Technology;
  • Or permit or authorise any party to do any of the above.

7.          Licence Granted by End User to My Money Buddy

The End User grants a licence to My Money Buddy and the Service Provider(s) over any information, data, passwords that are used to access your Account Information, materials or other content (the “Content”) the End User provides through the My Money Buddy Technology.

My Money Buddy may use, modify, display, distribute and create new material using such Content to provide the My Money Buddy Technology to the End User.

8.          End User Indemnity

Except to the extent prohibited by law, regulation or code of practice or conduct (including the ePayments Code or the Code of Banking Practice), the End User agrees to protect and fully compensate My Money Buddy and the Service Provider(s) from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, indirect, incidental, consequential loss and damage) caused by or arising from the acts or omissions of the End User including, but not limited to the following: 

  • The End User’ use of the My Money Buddy Technology;
  • The End User’s breach of these Terms;
  • Unauthorised access to or alteration of the End User’s transmissions or data;
  • The End User’s infringement, or infringement by any other End User of an End User’s account, of any intellectual property or other right of anyone;
  • The use, inability to use, unauthorised use, performance or non-performance of any website on which an End User Account is accessible.

9.          Disclaimers

Other than as set out in this agreement, to the maximum extent permitted by law, My Money Buddy makes no representations, warranties or undertakings in respect of the performance of the My Money Buddy Technology and in particular, My Money Buddy does not warrant that:

  • The information obtained from an End User Account will reflect the most recent information of an End User if, when obtained by My Money Buddy, the Account Data was not successfully collected or the Account Data obtained was not accurate, reliable, correct or current;
  • The information obtained from an End User Account will meet the End User’s requirements;
  • The My Money Buddy Technology or the Account Data are free from defects or errors or fit for any particular purpose; or
  • Performance of the My Money Buddy Technology or the provision of the Services will be uninterrupted. My Money Buddy cannot always anticipate technical or other difficulties. These difficulties may result in loss of data, personalised settings or other interruptions to My Money Buddy.

My Money Buddy is not liable to the End User:

  • To the extent of any non-performance which is caused by use of the My Money Buddy Technology contrary to My Money Buddy ‘s instructions, or modification or alteration of the My Money Buddy Technology by any party other than My Money Buddy or its agents; and
  • For any delays, delivery failures, or any other loss or damage resulting from the transfer of End User Information over communications networks and facilities, including the internet.
  • The timeliness, accuracy, deletion, mis-delivery or failure to store any data, communications or personalised settings.
  • For any cancellation, suspension or modification of the My Money Buddy Technology.
  • For any transactions, inquiries or other activities the End User initiates on an End User Account Party Website or any fees charged by the entity providing the End User Account.
  • For any errors, accuracy or delays in the content, information, data, calculations provided by the providers of End User Accounts and advice End Users may receive relative thereto or for any actions taken in reliance thereon.

Notwithstanding the above, My Money Buddy will use its best endeavours to rectify error(s) where evident.

My Money Buddy provides links to selected financial institutions and other service providers for your convenience only and does not endorse or recommend their services. My Money Buddy shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any financial institution, or other service provider(s).

10.       Limitation of Liability

Nothing in this agreement is intended to exclude, limit or modify rights which the End User may have under the Australian Consumer Law or any other statute which it is not possible to exclude, limit or modify by agreement.

My Money Buddy’s and the Service Providers’ liability for any loss or damage incurred by the End User arising out of or in connection with this agreement, or your use of the My Money Buddy Technology, including without limitation, loss of profits or data, direct, consequential, special, exemplary, incidental and indirect damages or the cost of substitute services, whether in contract or tort (including negligence), shall not exceed:

  • Where any guarantee is implied by the Australian Consumer Law and cannot lawfully be excluded, the greater of the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • In all other cases, the amount paid by the End User for the use of the My Money Buddy Technology in the last 12 months before the liability arose, whether it is directly paid by the End User to My Money Buddy or to a third party.

11.       Termination

My Money Buddy reserves the right to cancel, suspend and/or modify the End User’s access to the My Money Buddy Technology or any End User Account available through My Money Buddy without prior notice where My Money Buddy has reasonable grounds to believe that the End User has breached these Terms or has not met their financial obligation to access the service whether directly or through the End User Account provider.

This agreement terminates automatically, if for any reason, My Money Buddy ceases to operate the My Money Buddy Technology.

12.       General

The End User must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

My Money Buddy may change these terms and conditions by amending or deleting terms or adding new terms. Changes may take the form of a new agreement. My Money Buddy will give End Users at least 14 days’ notice in writing via email or display any changes on the My Money Buddy website, such changes displayed on the My Money Buddy website will not be effective until 14 days have elapsed.

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