Bill Butler Cash Flow Management Platform – Terms of Service

  1. Background

The Bill Butler Cash Flow Management Platform is powered by Moneysoft and is governed by the terms and conditions detailed on this page.  Specific details of the Bill Butler Service Agreement can be found here: https://www.billbutler.com.au/bill-butler-service-agreement/

These terms and conditions (“Terms”) govern your use of the websites https://cashflowbutler.com.au, www.moneysoft.com.au,  https://secure.moneysoft.com.au and any Software and Web Application created by Moneysoft or any Software and Web Application, integrated, used in conjunction with (whether in full or part) an API that links to or redirects to this website and or secure.moneysoft.com.au, that is distributed to you by a third party or accessed to you via a third party application and form a binding contractual agreement you (the “End User”) and Moneysoft Limited (ACN 152 058 627).

You acknowledge, accept and agree to comply with and be bound by the Terms set out below and accept the terms of the Moneysoft Privacy Policy. If you do not agree to these Terms and Conditions, please DO NOT USE the Software and Web Application.

  1. Definitions

Account Information means information that is provided by an End User that enables Moneysoft to obtain information on an End User’s account(s) held at a financial institution which includes but is not limited to consolidated financial information, account balances, account transactions, mortgage account information, credit card account information, superannuation account information and any information on any other account that an End User connects to the Software and Web Application or that is stored within the Software and Web Application.

Affiliate means a related body corporate of Moneysoft or a related body corporate of the Service Provider.

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 Software and Web Application and to further access the Software and Web Application components (whether used in part or as a complete package).

Bill Butler means Bill Butler Pty Ltd, ACN 607 845 081

End User means a person who creates an account through the Moneysoft Software.

Moneysoft means Moneysoft Limited, ACN 152 058 627.

Service Provider means the person described in clause 3.

Software and Web Application means the software available through www.cashflowbutler.com.au, www.moneysoft.com.au and https://secure.moneysoft.com.au or through an API that is powered by Moneysoft or the Moneysoft API which is distributed to an End User by a third party.

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

Third Party Website means a website that an End User connects to via the Software and Web Application or API to access, retrieve or display Account Information such as a financial institutions website and that is not owned or operated by Moneysoft.

  1. Service Provider

An aggregation provider (the “Service Provider”) provides Moneysoft with an aggregation service and other services required to deliver and display an End User’s Account Information through the Software and Web Application.

The Service Provider is a third party beneficiary under these Terms with all the rights, benefits and protections as if it were a party to these Terms and a reference to Moneysoft in these Terms shall (for the purpose of the service provider receiving the full benefit of such rights, benefits and protections) also be deemed to be a reference to the service provider.

  1. End User Acknowledgement
  • The End User agrees to provide true, accurate, current and complete information about the User and its accounts maintained on Third Party Websites.
  • The End User agrees not to misrepresent its identity or its Account Information.
  • The End User agrees to keep its Account Information up to date and accurate.
  • When the End User uses the Software and Web Application to access a Third Party Website the End User:
  • authorises Moneysoft to transmit information provided by the End User to access a Third Party Website;
  • authorises Moneysoft to retrieve Account Information requested or as entered by the End User (including information concerning individuals and other entities the End Users have set up to receive payments from the End User and payments made by the End User and authorises Moneysoft to transmit such payment information; and
  • authorises Moneysoft to register to view the accounts requested by the End User and to deliver and store the Account Information to otherwise use, modify, display, distribute and create graphical representations from such information to provide the Moneysoft Software to the End User.
  • For the purposes of clause 4.4, the End User appoints Moneysoft and the Service Provider as the End User’s agent to transmit Account Information via an authenticated and encrypted secure socket layer format to the Service Provider. Once the Account Information leaves the Software and Web Application as part of a transmission to the Service Provider, it is out of the control of Moneysoft and in circumstances where Account Information does not reach the Service Provider 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 the right to Moneysoft to provide or act on behalf of the End User to transact or make payments to or on behalf of the End User. 

  1. End User Representations
  • The End User makes the following representations:
  • that it is the legal owner of the Account Information on the Third Party Website and in being the legal owner of the Account Information that it has the authority to appoint Moneysoft and the Service Provider as its agent pursuant to clause 4.5 and to give Moneysoft and the Service Provider the information without payment of any fees;
  • that it acknowledges that when Moneysoft and the Service Provider accesses and retrieves information from a Third Party Website they do so as the End User’s agent and they are not the agent of the entity providing the Third Party Website;
  • that Third Party account providers shall be entitled to rely on the authorisation provided by the End User that Moneysoft and the Service Provider are acting as its agent pursuant to clause 4.5. The End User understands and agrees that the use of the Software and Web Application is not endorsed or sponsored by any third party account providers accessible through the Software and Web Application;
  • that it acknowledges that balances shown on the Software and Web Application obtained from a Third Party Website reflect the most recent refresh by the entity providing the Third Party Website and the most recent refresh by Moneysoft and may not be as accurate as if the Third Party Website was accessed directly;
  • that all information the End User provides to Moneysoft and the Service Provider in connection with the Moneysoft Software is accurate, current and complete, and that the User has the right to provide such information to Moneysoft and the Service Provider for the purpose of operating the Software and Web Application;
  • that it does not misrepresent its identity or its Account Information;
  • that it agrees to keep its registration and Account Information up to date and accurate; and
  • that it is responsible for maintaining the confidentiality of the End User’s password and other log-in information in relation to Moneysoft Software and Web Application and any Third Party Website.
  • An End User must not disclose its password and other login information to any other person, except to the extent necessary for Moneysoft to provide the Software and Web Application to the End User.
  • The End User must keep a record of its password and other login information. The End User must not negligently or recklessly disclose its password and other login information by, for example, failing to take reasonable care when typing it or keying it in.
  • The password and other log-in information that the End User selects must not be easily identifiable or based on easily accessible personal data.

The End User is responsible for providing access to the Account Information to any third party the End User requires. Moneysoft will not be responsible for the maintenance of the security of the End User’s log-in information when it is disclosed to a third party by the End User.

  1. Moneysoft Intellectual Property
  • The End User understands and agrees that Moneysoft will own proprietary computer programs, code, software, trade secrets and know-how, created by that Moneysoft. The End User shall not:
  • reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Software and Web Application;
  • modify, adapt, translate or create derivative works based on the Software and Web Application;
  • reproduce any portion of any of the Software and Web Application; or permit or authorise any party to do any of the above.
  1. Service Provider Intellectual Property
  • The End User understands and agrees that the Service Provider(s) will own proprietary computer programs, code, software, trade secrets and know-how, including all services, processes, data, information and tables created by that Third Party Service Provider which are used by Moneysoft to provide the Software and Web Application. The End User shall not:
  • reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any Third Party Service Provider Technology;
  • make any Third Party Service Provider Technology available to any third parties;
  • modify, adapt, translate or create derivative works based on the any Third Party Service Provider Technology;
  • reproduce any portion of any of the Third Party Service Provider’s Technology; or permit or authorise any party to do any of the above.
  1. Licence granted by End User to Moneysoft
  • The End User grants a licence to Moneysoft and the Service Provider 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 Software and Web Application.
  • Moneysoft may use, modify, display, distribute and create new material using such Content to provide the Software and Web Application to the End User.
  1. 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 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 following:
  • the End User’ use or inability to use the Software and Web Application;
  • the End User’s breach of these Terms;
  • the 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 Third Party Website.
  • Statements or conduct of anyone on the Software and Web Application; or
  • any other matter relating to the use of the Software and Web Application.
  1. Disclaimer
  • Moneysoft cannot always anticipate technical or other difficulties. These difficulties may result in loss of data, personalised settings or other interruptions to Moneysoft. Except to the extent prohibited by law, regulation or code of practice or conduct (including the ePayments Code and the Code of Banking Practice), Moneysoft will use its best endeavours to rectify error(s) where evident, Moneysoft is not liable for the timeliness, accuracy, deletion, mis-delivery or failure to store any data, communications or personalised settings. To the maximum extent permitted by applicable law, Moneysoft disclaims all liabilities and warranties of any kind relating to Moneysoft and the Software and Web Application, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
  • Any information and material downloaded or otherwise obtained through the use ofMoneysoft is done at the End User’s discretion and Moneysoft and the Service Provider make no warranty that it will meet your requirements. The Software and Web Application is provided on an “as is” and “as available” basis.
  • The End User agrees that Moneysoft will not be liable to the End User or any third party for any cancellation, suspension or modification of the Software and Web Application.
  • No advice or information, whether oral or written obtained from Moneysoft or the Service Provider from the Software and Web Application will create any warranty not expressly stated in these terms.
  • Moneysoft has no responsibility for any transactions, inquiries or other activities you initiate at a Third Party Website, the products and services at a Third Party Website and any fees charged by the entity providing the Third Party Website.
  • Balances and other data reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the financial institution or other service provider is otherwise not accurate or current.
  • Data, information and any calculations based on such data or information are provided for informational purposes only, and are not intended for trading or transactional purposes.
  • Moneysoft shall not be liable for any errors, accuracy or delays in the content, information, data, calculations and advice users may receive relative thereto or for any actions taken in reliance thereon. The trading, transactional, and or other services, which users may link to through this page, are services of the listed financial institutions and other service providers.
  • Moneysoft provides links to selected financial institutions and other service providers for your convenience only. Moneysoft is not a registered broker-dealer or financial adviser and does not endorse or recommend the services of any financial institution or advisor. The financial institution, advisor or other service provider you select is solely responsible for its services to you. 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, advisor, or other Service Provider.
  • Moneysoft excludes all liability in respect of, in connection with and arising from (i) the information provided by the End User in the required fields in connection with the linking of property within the accounts function and (ii) the property report and the information contained therein received by The End User. The End User acknowledges he is subject to the terms and conditions of the third party providing the property report. In completing the details and accessing the report, the End User agrees to indemnify Moneysoft from any and all third party claims, liability, damages, expenses and costs caused by, in connection with or arising from the use or reliance on the property report provided and the information contained therein.
  1. Limitation of Liability
  • To the full extent permitted by law, Moneysoft and the Service Provider or any of their Affiliates excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages resulting from the following:
  • inability to use the Software and Web Application;
  • the cost of obtaining a substitute service;
  • any products, data, information or services purchased or obtained or transactions entered into through or from the use of the Software and Web Application;
  • unauthorised access to or alteration of your transmissions or data;
  • Statements or conduct of Moneysoft on the Software and Web Application;
  • The use, inability to use, unauthorised use, performance or non performance on any third party account provider site; and
  • Any other matter relating to the Software and Web Application.
  • Notwithstanding any other provision in these Terms, Moneysoft’s liability is limited to any licence fee paid by the End User in the last 12 months from the liability arises whether it is directly paid by the End User to Moneysoft or to Moneysoft through a third party.
  1. Termination
  • Moneysoft reserves the right to cancel, suspend and/or modify the End User’s access to the Software and Web Application or any Third Party Website available through Moneysoft where Moneysoft has reasonable grounds to believe that the End User has breached these terms and conditions and has not met their financial obligation to access the service whether directly or through the third party that provides the End User access to the Software and Web Application and without prior notice.
  • These terms terminate automatically, if for any reason, Moneysoft ceases to operate the Software and Web Application.
  1. Obligations to your Financial Institution
  • Please consider your obligations under the terms of service of your relevant financial institutions before you disclose your Account Information to Moneysoft. There may be a restriction on you disclosing your Account Information to Moneysoft contained in the terms of service. In addition, as a consequence of disclosing your Account Information to Moneysoft you may lose certain protections under your financial institution’s terms of service and under the ePayments code (for example, where theePayments Code applies to your financial institution, you may not claim limited liability that is applicable for “unauthorised transactions” under the ePayments Code).
  • Should such terms exist in the terms of service of your relevant financial institution, you may wish to contact your financial institution to obtain their consent for you to provide your Account Information to Moneysoft so that you are not in breach of their terms of service or lose the protections referred to above as a result of your disclosure.
  1. General
  • The End User must not assign, sub-licence or otherwise deal in any other way with any of its 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.
  • 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.

With effect from 18th August 2015


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