Terms of Service

Moneysoft Terms of Service

1.         Background

These terms and conditions (Terms) govern your use of the Moneysoft Technology that you access via any website, mobile application or any other application, including when such access is provided to you by Moneysoft or by a person other than Moneysoft, and forms a binding contractual agreement between you (End User) and Moneysoft Pty Ltd ACN 152 058 627 (Moneysoft).

By using the Moneysoft Technology, you acknowledge, accept and agree to comply with these Terms and Moneysoft’s Privacy Policy.

2.         Definitions

Account Data means information which an End User authorises to be collected from their FI Account(s) including, but not limited to account balances, transaction data, asset holding information, account statements and information relating to the FI Account(s).

Account Information means all information provided by an End User to Moneysoft to enable Moneysoft and its Service Providers to obtain Account Data from the End User’s FI Accounts.

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

End User means person or entity who has registered and activated their account in the Moneysoft Technology, and who has the ability to view and share Account Data.

End User Information means all information provided by or collected on behalf of an End User when registering for and using the Software and Web Application as well as Account Information and Account Data.

FI Account means any account, asset, liability or policy held by an End User, including, but not limited to deposits, cash, loans, credit cards, superannuation, shares and investments, property, insurance, rewards, vehicles, intangibles or collectibles that an End User authorises to be connected to the Moneysoft Technology or that is stored within the Moneysoft Technology by the end user.

Moneysoft 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 Moneysoft’s customers from time to time.

Service Provider means any third party service provider who collects some or all End User Information, and provides some or all of that End User Information to Moneysoft by means of an automated, secure and technology-based integration with the Moneysoft Technology.

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 Moneysoft 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.

When the End User uses the Moneysoft Technology to access an FI Account, the End User authorises Moneysoft and the Service Provider to:

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

The End User acknowledges that once the Account Information leaves the Moneysoft Technology as part of a transmission to the Service Provider(s), it is out of Moneysoft’s control and that if the Account Information does not reach the Service Provider(s) or is in any way intercepted or captured, Moneysoft 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 Moneysoft 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 Moneysoft and the Service Provider(s) as your agent for the purpose of clause 4;
• Warrants that all information the End User provides to Moneysoft and the Service Provider(s) in connection with the Moneysoft Software is accurate, current and complete, and that the End User has the right to provide it to Moneysoft and the Service Provider(s);
• Acknowledges that when Moneysoft and the Service Provider(s) access and retrieve any End User Information they do so as the End User’s agent and not the agent of the End User FI Account provider;
• Agrees to keep your Moneysoft log in and password and Account Information up to date and accurate; and
• Understands that it must not select a Moneysoft log in 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 Moneysoft log in and password and agrees Moneysoft will not be responsible for the maintenance of the security of your Moneysoft log in and password if the End User discloses it to a third party. 
• Understands and agrees that FI Account providers accessible through the Moneysoft Technology do not necessarily endorse or sponsor the Moneysoft Technology;
• Acknowledges that balances shown on the Moneysoft Technology obtained from an FI Account reflect the most recent refresh by the Service provider and Moneysoft (collectively) and may not be as accurate as if the FI Account was accessed directly.

6.         Data Sharing

Integrated Service Providers

End Users (including the End Users’ authorised representatives such as a financial adviser, mortgage broker, accountant etc.) may provide End User Information via integrated Service Providers’ software. Strictly and only as part of providing the Service, End User Information may be shared between Moneysoft and any integrated Service Providers.

The End User agrees that End User Information will be shared between Moneysoft and integrated Service Providers on the following terms.

The End User:

1. authorises Moneysoft and a Service Provider to share with each other End User Information received by Moneysoft and that Service Provider, for the purpose of providing the Service only; and
2. acknowledges and agrees that Moneysoft and a Service Provider may access and use the End User Information and monitor user activity as part of  provision, development, maintenance and support of the Moneysoft Technology and Service Provider Technology.

Authority and Privacy

The End User:

1. warrants that it is lawfully able to disclose or otherwise provide End User Information to Moneysoft and each Service Provider, including for the purpose of providing the Service, and must ensure that all necessary consents are obtained; and
2. acknowledges and agrees, and will ensure that they acknowledge and agree, that Moneysoft and a Service Provider may collect, use, disclose and manage personal information about the End User in respect of which the End User inputs such data into Moneysoft and that Service Provider, including for the purpose of providing the Service, in accordance with Moneysoft’s privacy policy (available at https://www.moneysoft.com.au/privacy/).
3. If the End User does not consent or agree to Moneysoft or the Service Provider’s handling, collecting and using End User Information for the purpose of providing the Service, including Data Sharing, the End User must inform Moneysoft and that Service Provider immediately in writing.

7.         Intellectual Property

The End User understands and agrees that the Moneysoft 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 Moneysoft Technology. The End User shall not: 

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

8.         Licence Granted by End User to Moneysoft

The End User grants a licence to Moneysoft and the Service Provider(s) over any End User information, materials or other content (the “Content”) the End User provides through the Moneysoft Technology. 

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

9.         Service Level Agreement

Definitions:

• Urgent Errors means errors which significantly impact the core function of the Licensee’s business or significantly impact the ability of the Licensee’s business to generate revenue.

Urgent errors would include:

• The Moneysoft site being unavailable
• Standard features in the Moneysoft Technology failing across all users (i.e. all End Users, all Business Accounts and / or all White Label environments)
• A Moneysoft bug that completely stops a majority users from conducting a core function
• A Moneysoft bug that completely stops a majority of users from being able to conduct activities related to revenue generation or regulatory compliance

* Moneysoft will apply appropriate efforts to address all major errors within the Target Completion Time, however where the resolution involves a third-party supplier this time frame may not be met.

• Non Urgent Errors means errors which impact the general function of the Moneysoft Technology or indirectly impact the ability of a user to generate revenue or conduct important, regularly-performed activities.

Non-urgent errors would include:

• Bugs in the system for which there is a work around, i.e. another method of achieving the same outcome or accessing the same information
• Issues impacting on a minority of users or only a specific subset of all users (i.e. all clients within one business account)
• Level 1 support issues, items covered by the FAQ or general enquiries

• Target Completion Time means the target timeframe within which a remedy for the error is completed (a remedy may be a process workaround, temporary fix, full resolution or any other resolution that could be regarded as being reasonably acceptable). This is a non-binding target and should not be regarded as a guarantee, nor taken as implying any obligation or financial penalty should the target not be met for any reason.
• Target Remedy Period means the target timeframe within which a full resolution for the error will be tested and deployed. This is a non-binding target and should not be regarded as a guarantee, nor taken as implying any obligation or financial penalty should the target not be met for any reason.

10.      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 Moneysoft 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’s use of the Moneysoft 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.

11.      Disclaimers

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

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

Moneysoft is not liable to the End User:

• To the extent of any non-performance which is caused by use of the Moneysoft Technology contrary to Moneysoft 's instructions, or modification or alteration of the Moneysoft Technology by any party other than Moneysoft 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 Moneysoft Technology.
• For any transactions, enquiries or other activities the End User initiates on an FI Account Party Website or any fees charged by the entity providing the FI Account.
• For any errors, accuracy or delays in the content, information, data, calculations provided by the providers of FI Accounts and advice End Users may receive relative thereto or for any actions taken in reliance thereon.

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

Moneysoft provides links to selected financial institutions and other service providers for your convenience only and does not endorse or recommend their services. Moneysoft 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).

12.      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.

Moneysoft’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 Moneysoft 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 Moneysoft Technology in the last 12 months before the liability arose, whether it is directly paid by the End User to Moneysoft or to a third party.

13.      Termination

Moneysoft reserves the right to cancel, suspend and / or modify the End User’s access to the Moneysoft Technology or any FI Account available through Moneysoft without prior notice where Moneysoft 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 FI Account provider.

This agreement terminates automatically, if for any reason, Moneysoft ceases to operate the Moneysoft Technology.

14.      General

The End User certifies that it has read these terms and conditions and agrees to be bound by them by subscribing to the Moneysoft service.

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.

Moneysoft reserves the right to charge a late fee of no less than 10%  p/a, calculated monthly on any or all amounts related to invoices not paid by the due date.

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.

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