Terms of Use

Term of use

Please read these terms and conditions (“Terms“) and they apply to your use of the moneyvase service (“Service“) made available through apps, website, mobile device or email. In these Terms any references to “us”, “we” or “our” or “moneyvase” means moneyvase operating under ABN 92 646 710 670 and any of its subsidiaries or business partners. Your access and use of the Service is subject to these Terms.

moneyvase is meant as an aid to assist you in organising and managing your finances. It is not intended to provide legal, tax or financial advice. Any information provided to you by us is general information only which, when prepared, does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information. Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances.

moneyvase may also present information relating to third party products or services in order to better enhance your experience.

Changes of terms

We reserve the right to vary these Terms at our discretion. We recommend that you check the revised Terms before using moneyvase. If you do not agree to these Terms or any changes to them, you should immediately cease using moneyvase.

These Terms are effective as at the date they are published and may be amended by us from time to time. The version of these Terms published on the website from time to time is the current version and will bind us, our merchants and users of moneyvase.

Your continued use of moneyvase after notice of any change referred to above is provided will be deemed to be acceptance of the revised Terms. Alternatively, you may discontinue your use of moneyvase and opt-out at any time by deleting your moneyvase account.

It is your responsibility to stay up to date with changes to moneyvase and the Terms by reviewing them on the App or through the Website from time to time and before you use or wish to use moneyvase. We are not responsible or liable for any loss or damage that may arise if you fail to do so.

By accessing or using moneyvase, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of moneyvase. These Terms apply to all visitors, registered users, subscribers and others who access moneyvase.

At all times in your dealings with us and our partners, merchants and suppliers you agree to act with integrity and honesty.

Privacy and your information

We take the security and privacy of your personal and profile information seriously. How we collect, hold and otherwise use your personal information is set out in the moneyvase privacy policy (“privacy policy”) and in the App. The Terms incorporate our privacy policy. You will be taken to have read and accepted our privacy policy (and consented to our treatment of your personal information in accordance with that privacy policy) when you accept the Terms.

Collection of User information

We may from time to time collect information (including personal information) about you as described in our privacy policy, and you consent and authorise us and our service providers to collect that information in accordance with our privacy policy.

Account information from third party sites

Within moneyvase, you may direct us to receive your own information maintained online by third-party financial institutions which they have customer relationships, maintain accounts or engage in financial transactions (“account information”), or contained in your email, or via other methods (for example, uploading documentation). moneyvase works with one or more online financial services to access this account information. The protection of your information is subject to strict security and privacy practices, as detailed in the privacy policy. We make no effort to review the account information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites.

We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

For example, when using moneyvase, account information via third party services is only up-to-date as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, we cannot assume any responsibility, nor bear any indemnity in respect of information used for moneyvase that is in any way untimely or out of date. You can minimise the risk of untimely data by refreshing your account information through moneyvase, according to instructions detailed via the App or the Website.

Third-Party links and offers

Some parts of moneyvase are supported by sponsored links from advertisers and display offers that may be custom-matched to you based on information you have stored in moneyvase, queries made through moneyvase or other information. We will always disclose when an offer is sponsored. Such information is provided by moneyvase ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by moneyvase. We do not guarantee nor represent that offers (or any other third-party products or services advertised on or linked from our site) are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third-party sponsor.

All third-party products and/or services including names, services, company names and logos mentioned on the App or the Website are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.

You use any recommendations within moneyvase at your own risk and should consult your financial advisors prior to entering into any products recommended. moneyvase does not provide financial advice, but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.

Your registration information

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your login credentials, allows you to access moneyvase. That login credentials, together with any other information you provide at signup form your “Registration Information.”

By providing us with your mobile number or email address, you agree to receive all required notices electronically, to that mobile number or email address. It is your responsibility to update or change that mobile number or email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via support@moneyvase.com.

Your use of moneyvase

Your right to access and use moneyvase is personal to you and is not transferable by you to any other person or entity. You must access and use moneyvase, the App and the Website for lawful purposes and in accordance with these Terms.

Accurate records enable us to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you must not misrepresent your registration information. In order for moneyvase to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of moneyvase to you will be affected.

Your access and use of moneyvase may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of moneyvase or other actions that we elect to take.

You also agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of moneyvase, other products or services, advertising or marketing materials. You grant moneyvase a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

We reserve the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.

If you breach any provision of these Terms, we reserve the right to suspend or terminate your use of moneyvase with respect to you, and commence proceedings against you for damages or expenses arising directly or indirectly out of your actions.

We are under no obligation to monitor any person’s use of moneyvase, however we reserve the right to monitor any aspect of moneyvase and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the App and/or the Website and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

Use of moneyvase with other devices

Use of moneyvase may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

moneyvase makes no warranties or representations of any kind, express, statutory or implied as to:

The availability of telecommunication services from your provider and access to moneyvase at any time or from any location;
Any loss, damage, or other security intrusion of the telecommunication services; and
Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with moneyvase

Online, email and mobile alerts

We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your moneyvase account, such as a change in your registration information.

These alerts provide you with alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your moneyvase account settings.

Electronic alerts will be sent to the mobile number or email address you have provided as your primary mobile number or email address for moneyvase. If your mobile number or email address changes, you are responsible for informing us of that change.

Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your moneyvase Login ID and transaction and other information about your accounts, depending upon which alerts you select.

Rights you grant us

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the App or the Website, you are licensing that content to us solely for the purpose of benefits provided to you by through use of moneyvase. We may use and store the content, but only to provide these benefits to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.

By using moneyvase, you expressly authorise us to access your account information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of moneyvase, you will be directly connected to the website for the third party you have identified.

moneyvase will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit us to use and store information submitted by you to moneyvase (such as account passwords and user names) to accomplish the foregoing and to configure moneyvase so that it is compatible with the third-party sites for which you submit your information. For purposes of these Terms and solely to provide the account information to you as part of moneyvase, you grant moneyvase a limited power of attorney, and appoint moneyvase as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MONEYVASE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, MONEYVASE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that moneyvase is not sponsored or endorsed by any third parties accessible through moneyvase.

Intellectual property rights

All content in the Service is protected by intellectual property rights (copyrights, trademarks or other rights and laws).

All intellectual property in relation to the App, the Website and sent to you via messages or email (including the software, design, text, data, icons, logos, copyrights, designs, trademarks, concepts sound recordings and graphics) (“intellectual property”) belongs to us or its licensors, advertisers or affiliates.

We retain all right, title, and interest in and to the App, the Website and all related content and intellectual property, and nothing you do on or in relation to the App, the Website or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the App or the Website.

You may view content or print a copy of material on the App or the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of moneyvase belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the App and the Website subject to these Terms. You may download or print a copy of information provided on the App or the Website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from moneyvase in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access to the App and the Website

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor moneyvase or any portion of moneyvase, without moneyvase’s express written consent, which may be withheld in moneyvase’s sole discretion;
Interfere with the computer systems which support the App and the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
Collect or store personal data about other Users of the App or the Website;
Impersonate or falsely represent your association with any person or organisation;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search moneyvase, other than the search engines and search agents available through moneyvase and other than generally available third-party web browsers (such as Microsoft Explorer, Google Chrome);
Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of moneyvase; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of moneyvase.

Furthermore, we do not warrant that functions contained in the App and Website, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that we or our hosting server, are free of viruses or bugs.

Termination and cancellation

Cancellation by us

We reserve the right to cancel your moneyvase account, and terminate your use of moneyvase account at any time, without cause or reason by giving you 30 days’ notice via email to the email address we have recorded for you.

In addition, we may cancel your moneyvase account, and terminate your use of moneyvase account, immediately without notice, if you:

breach or violate any conditions or other terms or requirements in the Terms; or
supply any incorrect or misleading information to us; or
die or become unsound of mind or become bankrupt; or
act against our business interests or reputation or the business interests or reputation of our related bodies corporate and related entities, clients, partners, merchants and suppliers.

Cancellation is final

If your moneyvase account is cancelled for any reason, the cancellation is final and your moneyvase account cannot be re-activated.

Content of the website and the app

Whilst we make every effort to ensure information or content published on the App or the Website by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.

Any dated information or content published by us on the App or the Website is current at the time of publication, and we are not obliged to update or amend any such information or content.

Social media connections

moneyvase may provide experiences on social media platforms such as Facebook®, Instagram®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the respective terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content as moneyvase bears no obligations in respect of such information posted on such websites.

Usage limitation

Use of moneyvase may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against moneyvase’s programming interface.

Limitation of liability

To the maximum extent permitted by law, you release us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents from any claim for loss, damage or liability, including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of moneyvase;
any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from moneyvase;
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the App or the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages;
any advertising emails or survey invitation email sent to you by us or on our behalf;
the quality of goods and/or services purchased from third parties by you;
any merchant or product descriptions contained on the App or the Website or contained in advertising email or mobile messages sent to you by us or on our behalf;
any failure of or delay in a merchant to notify us of a qualifying transaction; or
any failure or default beyond our reasonable control.

To the maximum extent permitted by law, we exclude all warranties, conditions, representations and guarantees implied by law in relation to the provision of goods and services by us under the Terms or in connection with moneyvase.

Nothing in the Terms operates to limit or exclude any liability (or statutory warranties, conditions or guarantees) that cannot be limited or excluded by law or limits any party’s rights under the Australian Consumer Law. To the maximum extent permitted by law, our liability in connection with the Terms and/or moneyvase for breach of any representation, warranty, guarantee or condition implied or imposed by law that cannot be excluded is limited (at our option) to supply moneyvase to you again or the cost of supplying moneyvase to you.

You specifically acknowledge that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The App and Website are controlled and offered by us and we make no representations that moneyvase is appropriate or available for in any locations. Those who access or use moneyvase from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Disclaimer of warranty

To the maximum extent permitted by law, you acknowledge that you have not relied upon or been induced by any representation made by us or on our behalf, and that we make not warranty or representation, as to:

the results that may be obtained through using moneyvase (except to the extent expressly stated otherwise in the Terms, on the App or on the Website);
the accuracy, reliability or otherwise of any information obtained through using moneyvase;
the financial or other rewards which may be obtained through using moneyvase (except to the extent expressly stated otherwise in the Terms, on the App or on the Website);
the App or Website being uninterrupted, timely or error free; and
the goods and/or services purchased or obtained through third-party websites accessed through moneyvase, including goods and/or services offered by third parties.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold us harmless, our corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to moneyvase; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of moneyvase.

Ability to accept this agreement

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as moneyvase is not intended for children under 13. If you are under 13 years of age, then please do not use moneyvase.

We provide these Terms upon sign-up so that you know what terms apply to your use of moneyvase. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

Assignment

We may assign or novate or transfer in whole or part any of our rights or obligations under the Terms without your prior written consent (and if we do so we will provide notice on the App or on the Website). The agreement set out in the Terms is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under the Terms without our prior written consent.

General

You agree that: (i) These Terms are governed by the laws of the Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria; and (ii) the App and Website shall be deemed as platforms that does not give rise to personal jurisdiction over moneyvase, either specific or general, in jurisdictions other than Victoria, Australia. These Terms, together with the privacy policy and any other documents and legal notices published by us on the App or the Website, shall constitute the entire agreement between you and us concerning moneyvase. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and moneyvase agree that any cause of action arising out of or related to moneyvase must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms constitute the agreement between us and you in relation to the App and the Website and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the App and the Website. The provisions of these Terms which by their nature survive termination or expiry of these Terms, will survive cancellation of your registration or termination of your moneyvase account. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

Definitions

In the Terms, unless the contrary intention appears or the context otherwise requires:

“Confidential Information” includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including us but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by you or with your authority into the App or the Website, or data acquired via your authorisation (including your transaction information).
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“User” means the registered user for moneyvase, and, where the context permits, includes any entity on whose behalf that person registers to use moneyvase.
the word “person” includes an individual, a firm, a corporation, an unincorporated association, government, state or agency of state, association, partnership or joint venture.
all references to dollars or $ or cash are to Australian dollars.
‘including’, ‘such as’ and similar expressions are not words of limitation.
“related body corporate” and “related entity” have the same meaning as under the Corporations Act 2001 (Cth).

And other terms defined in the body of the Terms shall have those defined meanings when use in the Terms.