Savvy App

Website and Mobile App Terms and Conditions

General Terms and Conditions

  1. Application of Terms of Use
    1. This document sets out the terms which you may use our Website and Mobile App. Please carefolly read all terms and conditions before using our Website and or our Mobile App.
  2. Acceptance of Terms and Conditions
    1. You accept the Terms and Conditions in foll by using our Website and Mobile App.
    2. You must not use our Website or Mobile App if you do not accept the Terms and Conditions.
    3. We may change these Terms and Conditions at any time by updating them on our Website or on the Mobile App. Your continued use of our Website or the Mobile App will be deemed as your acceptance of any amendments to these Terms and Conditions in force at the time of such use.
  3. Disclaimer
    1. The Content on our Website and Mobile App, except to the extent that it is expressly specified as being financial advice, is for general information purposes only. Such Content is not comprehensive and is not financial advice. You shoold always obtain financial or other professional advice, appropriate to your circumstances, before acting or relying on any of our content.
    2. Use of our Website or the Mobile App, or the receipt of any information from us or our Website or Mobile App does not by itself create a financial advisor-client relationship between us.
  4. Acceptable Use
    1. We grant you a non-exclusive, non-transferable, revocable, limited licence to:
      1. view and use information accessible from the Website or Mobile App; and
      2. purchase goods or services from the Website or Mobile App.
    2. By using our Website or Mobile App, you represent, confirm, warrant and undertake that:
      1. you will only use our Website or Mobile App for the purposes for which it is intended; and
      2. any information you provide via our Website or the Mobile App is true and correct in all respects and is not false or misleading in any way.
    3. You must not:
      1. cause damage or interfere with accessibility to the Website or Mobile App;
      2. use it in connection with illegal, fraudolent or harmfol purposes or activities;
      3. provide any false or misleading information, or otherwise use our Website or the Mobile App, to access any information or Content you are not eligible or entitled to access;
      4. store, transmit or distribute Malicious Computer Program; or
      5. conduct any systematic or automated data collection activities.
  5. Intellectual Property Rights
    1. We own or are licensed to use all intellectual property in the Website and Mobile App.
    2. You may only view and download Content on the Website or Mobile App for caching purposes and print copies of Content for personal use or for your client’s personal use if you are registered as a financial advisor user.
    3. You must not:
      1. republish any Content from the Website or Mobile App;
      2. reproduce or exploit any Content on the Website or Mobile App for a commercial purpose except to the extent that you are registered as a financial advisor user in which case we consent to your use of such information for the purposes of providing financial and budgeting advice to your clients who are registered users;
      3. edit or otherwise modify any Content on the Website or Mobile App; or
      4. redistribute any Content from the Website or Mobile App unless we expressly permitted redistribution.
  6. Registration
    1. You must become a registered user to access certain services of the Website and Mobile App.
    2. At the time of registration, you must confirm whether:
      1. you are using the Website or Mobile App for your own personal use; or
      2. whether you are a financial advisor using the Website or Mobile App to assist your clients.
    3. You warrant that you will:
      1. provide true and accurate information;
      2. not create accounts with false information;
      3. not transfer your account to someone else or allow someone else to share your account;
      4. at your sole responsibility keep your username and password safe; and
      5. agree to be bound by such other terms and conditions as we may specify for registration of membership.
    4. We may suspend or terminate your account if at our discretion:
      1. you breach any of these Terms and Conditions; or
      2. you breach Terms and Conditions for posting or make an inappropriate comment.
  7. Third Party Websites and Materials
    1. In this clause:
      1. Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website; and
      2. Third Party Website means a website operated by a third party.
    2. We do not verify, endorse or approve Third Party Material.
    3. We provide no warranty or representation about Third Party Material:
      1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
      2. as to whether they infringe any intellectual property rights.
    4. We are not responsible for:
      1. any offers, statements or representations that are made on behalf of a Third Party Website; or
      2. Malicious Computer Program from Third Party Websites.
  8. No Warranty
    1. The Website and Mobile App is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
      1. the availability of the Website or Mobile App and its associated services at the time you wish to use it;
      2. merchantability, fitness for a particolar purpose and non-infringement;
      3. accuracy or validity of information and Content on the Website and Mobile App; and
      4. whether Content is free from Malicious Computer Program.
    2. No Content on the Website or Mobile App constitutes advice of any kind and you shoold consolt with an appropriate professional for professional advice.
  9. Limitation of Liability
    1. In this clause, a Covered Party means:
      1. us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
      2. each third-party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
    2. To the maximum extent permitted by law, a covered party is not liable for liability arising out of or related to:
      1. content provided to you for free-of-charge;
      2. inaccuracy, errors or omissions with content;
      3. unavailability or interruption of usage of the Website or Mobile App and its services;
      4. any security breach;
      5. any delay or failure in performance beyond the reasonable control of a covered party; or
      6. loss of data.
    3. To the follest extent permitted under the law, a covered party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website or Mobile App.
    4. Exclusion of liability in subclause 9.2 applies even if you expressly advise a covered party of the potential loss.
    5. To the extent we cannot exclude liability and to the follest extent permitted under the law, a covered party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
      1. in case of services:
        1. supply of the services again; or
        2. payment of the cost of supplying the services again.
      2. in case of any other damages, refund of one month’s subscription fee if you are a registered financial advisor user.
  10. Indemnity
    1. You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
      1. your breach of these Terms and Conditions; and
      2. any Claim that you have breached these Terms and Conditions.
  11. Budgeting and Expense Tools
  12. Generating Expense and Budgeting Reports
    1. You agree and acknowledge that the expense and budgeting reports generated using the relevant part of the Website and/or Mobile App are dependent on the data, information and instructions provided by you (Source Information).
    2. You represent and warrant in favor of us that the Source Information provided to generate budgeting and expense reports is true and correct in every respect and is provided or inserted with the express knowledge, consent and authority of the owner of the data and information provided.
    3. You release, indemnify and agree to keep indemnified, and hold us harmless from all Liability, claims and demands whatsoever (including any legal costs on a solicitor – client basis), in relation to, or arising out of:
      1. the Source Information provided or used being inaccurate, incomplete, incorrect or otherwise deficient;
      2. the input or provision of the Source Information by you (including your employees, contractors, agents, officers, directors or any other personnel);
      3. you failing to follow any instructions on the Website or Mobile App in relation to generating budgeting and expense reports;
      4. any financial decisions you make as a resolt of the information provided by the Website, Mobile App or the budgeting and expense tools;
      5. any matter whatsoever, for which you are covered under a relevant insurance policy, regardless of whether:
        1. we may have contributed to such Liability;
        2. we, by any act or omission, is or has been negligent in any way; or
        3. any other matter.
  13. Subscription Fees
    1. If you are a financial advisor using the Website and Mobile App for your clients, you must pay us the relevant fee (the Subscription Fee) for allowing your clients to access the Mobile App (which will be published on our Website) by the method required on the Website.
    2. If you are not a financial advisor and are accessing the Website and Mobile App for your own personal use, we agree to waive the Subscription Fee however we reserve the right to apply the Subscription Fee to your account by giving you seven (7) days’ notice.
    3. We may change the Subscription Fee at any time by updating the published price on our Website or inside the Mobile App. Your use of our Website or Mobile App will be deemed your acceptance of such prices.
    4. You may cancel your subscription by giving us two (2) business days’ notice.
    5. If you cancel your subscription to the Website/Mobile App and have already paid the monthly Subscription Fee, you are not entitled to a refund of any Subscription Fee already paid.
  14. Storage of information
    1. You agree and acknowledge that while we will keep data available for a reasonable time after you cancel your subscription, we are not responsible for retaining or keeping records of:
      1. any expense or financial data; or
      2. any generated reports.
    2. Without limiting the preceding clause, you agree that we are not required to retain documents or data and we are not your financial advisor or other professional advisor.
    3. You release, indemnify and hold us harmless for any Liability, claims and demands in relation to, or arising out of any matter related to the storage of any data or reports generated using our Website or Mobile App whatsoever.
  15. Intellectual Property
    1. In addition to anything else in these Terms and Conditions, we own all Intellectual Property, or are otherwise licensed to use any such Intellectual Property in the documents, materials or templates used to generate reports or budgeting and expense tools.
    2. Subject to you paying the relevant Subscription Fee, we grant you a licence to use the Website and Mobile App (which may be amended during the time it is available).
  16. Payment of Referral Fees and Commissions
    1. We do not pay a referral fee or commission to a third party that referred you to the Website or Mobile App.
  17. Privacy and Security

  18. Privacy Policy
    1. This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth).
    2. Our Privacy Policy does not create any rights or obligations for either you or us in addition to the those imposed by the Privacy Act 1988 (Cth).
  19. Collection of Personal Information
    1. We collect personal information when you:
      1. interact with us through the phone, in person, via email or through our Website and you provide us your details;
      2. purchase or subscribe to our products or services; or
      3. subscribe to our mailing list.
    2. We collect personal information to:
      1. improve our products and services;
      2. provide our product or service to you;
      3. communicate with you;
      4. offer you promotional product or market our product that you are interested in;
      5. keep our customer database;
      6. to investigate any complaints that you make;
      7. to investigate whether you are in breach of our terms and conditions;
      8. verify your identity;
      9. comply with the law or to use your information as permitted under the law; and
      10. use your information for purposes that are related to the above.
    3. We collect and hold following types of personal information:
      1. your contact details that may include your name, postal address and email address;
      2. optional personal information that you consent to provide, including your interests in a particolar area, gender or age; and
      3. optional surveys that provide personal information including whether you like our Business, Website or Mobile App and what you like or do not like.
    4. We may use your personal information for the purposes of undertaking statistical analysis of users and providing benchmarking figures to other users and financial advisors however we will not disclose any specific personal information or any information that coold identify you. You consent to our use of such information.
    5. We will only collect your personal information using fair and lawfol means.
    6. We do not store credit card details as we use payment gateways and/or a third-party processor.
    7. If we receive unsolicited personal information, we may destroy it or ensure that it is de-identified if it is lawfol and reasonable to do so.
  20. Cookies Policy
    1. You agree that:
      1. we may store cookies on your device; and
      2. we may issue and request cookies from your device to collect both personal and non-personal information.
    2. You may disable cookies on your browser if you do not agree to the Cookies Policy, but this may cause some parts of our Website to stop working or otherwise impairs its functionality.
    3. You agree that we may use, including but not limited to, following types of cookies:
      1. authentication cookies;
      2. session cookies;
      3. persistent cookies; and
      4. flash cookie.
    4. We use cookies for the reasons including but not limited to:
      1. improve the performance by reporting any errors that occur;
      2. provide statistics about how the Website or Mobile App is used;
      3. remember settings that you use for our Website or Mobile App;
      4. identify and show that you are logged into the Website or Mobile App;
      5. link to social networks like Facebook and Twitter; or
      6. provide more suitable ads or tools tailored to you.
  21. Security
    1. All credit card transactions are implemented under industry standard Secure Sockets Layer (SSL) protocol with AES-256 encryption.
    2. For credit card transactions we use a third party processor and/or payment gateway (e.g. Stripe) that we may change from time to time so that:
      1. payments are processed in real time; and
      2. we do not have access to your credit card numbers.
    3. We use a database management system to store most of the personal information and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
  22. Disclosure of Personal Information and Linking your Account
    1. We only disclose your personal information for purposes that are reasonably related to our business.
    2. You may link your account to another person such as a financial advisor or client if you are a professional advisor in which case you consent to us sharing your personal information with that person.
    3. We will not disclose your personal information to third parties for payment, profit or advantage.
    4. We may disclose your personal information to third parties, from time to time, to assist us in conducting our Business, including:
      1. technology service providers including internet service providers or cloud service providers;
      2. data processors that analyse our website traffic or usage for us;
      3. agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
      4. our related bodies corporate; and
      5. to persons, entities or courts as required under the law.
    5. We may disclose your personal information to third parties:
      1. to provide the service you wish to use;
      2. to improve our Business, services, products, Website or Mobile App;
      3. to customise and promote our services which may be of interest to you;
      4. to comply with or as permitted under the law; or
      5. with your consent.
    6. We do not host any of our services or software overseas. We are not aware of any data or information we store in any country other than Australia.
  23. Direct Marketing to You
    1. We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
    2. We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
      1. use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
      2. provide you a simple method to opt-out.
    3. We will not contact you to promote or market our business if you requested us not to.
  24. Accessing and Correcting Your Personal Information
    1. The personal information that we collect and hold is limited to:
      1. your name;
      2. email address;
      3. date of birth;
      4. gender; and
      5. whether you have a spouse or children.
    2. The Website and Mobile App do not collect:
      1. bank account names or the foll account details; or
      2. BSB numbers.
    3. You may request access to your personal information that we hold and we will:
      1. verify your identity;
      2. charge you to cover the cost of meeting your request, if any, but not for the request itself; and
      3. within a reasonable period of time, comply with your request.
    4. We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
    5. You may request to correct your personal information that we hold and we will update your personal information so that it is up-to-date, accurate, complete, relevant and not misleading.
  25. Complaints
    1. If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, you may lodge a complaint as follows:
      1. firstly, contact us in writing and include the following in your complaint:
        1. your contact details;
        2. the section or provision of the Australian Privacy Principles or Code that you believe we breached; and
        3. our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code,
      2. and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
      3. secondly, you may complain to the Office of the Australian Information Commissioner if:
        1. you are not satisfied with our response; or
        2. we do not respond to you within a reasonable time without sufficient explanation.
  26. Miscellaneous

  27. Breach of Terms and Conditions
    1. If you breach any of these Terms and Conditions, we may take appropriate actions including but not limited to:
      1. issuing a warning notice;
      2. suspending your access to the website;
      3. prohibiting your access to the website; or
      4. bringing court proceedings against you
  28. Termination
    1. These Terms and Conditions terminate automatically if we cease to operate the Website or Mobile App as the case may be.
  29. Jurisdiction
    1. The Website and Mobile App is directed at and restricted to use by individuals or entities that reside in Australia only.
    2. We make no representation that Content are appropriate or available for use in other locations and jurisdictions.
    3. This Agreement is governed by the laws of the Australian Capital Territory (the Jurisdiction).
    4. The Parties submit to the exclusive jurisdiction of the courts of the Jurisdiction
    5. No Party may object to the Jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
  30. Whole Agreement
    1. This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website.
  31. Assignment
    1. We may transfer, sub-license or otherwise deal with our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent.
    2. You may not transfer, sub-license or otherwise deal with your rights and obligations under these Terms and Conditions.
  32. Severability
    1. If all of any part of any provision of these Terms and Conditions is invalid or unenforceable, then:
      1. that provision is severed from the Terms and Conditions to the extent necessary to remove the invalidity or illegality; and
      2. the remaining provision of the Terms and Conditions remains valid and enforceable.
  33. Survival of Certain Terms
    1. The sections of the Terms and Conditions which are capable of having effect after your use ends continue to have foll effect, including clauses in relation to:
      1. protection of intellectual property;
      2. post-agreement restraints; and
      3. guarantees, warranties, indemnities and limitation of liability.
  34. Interpretation
    1. In the Terms and Conditions, unless the contrary intention appears:
      1. a reference to the Terms and Conditions or any instrument includes any variation or replacement of any of them;
      2. a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
      3. a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
      4. the singolar includes the plural and vice versa;
      5. words of one gender include any gender;
      6. headings do not affect the interpretation of the Terms and Conditions;
      7. reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
      8. reference to a thing (including a right) includes a part of that thing;
      9. if a Party comprises two or more persons:
        1. reference to a Party means each of the persons individually and any two or more of them jointly;
        2. a promise by that Party binds each of them individually and all of them jointly;
        3. a right given to that Party is given to each of them individually; and
        4. a representative, warranty or undertaking by that Party is made by each of them individually;
      10. a provision must not be construed against a Party only because that Party prepared it;
      11. a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
      12. another grammatical form of a defined expression has a corresponding meaning;
      13. the word “include” is used without any limitation;
      14. the rights, duties and remedies in the Terms and Conditions operate to the extent that they are not excluded by law; and
      15. examples are descriptive only and not exhaustive.
  35. Definitions
    1. The following words have these meanings unless the contrary intention appears:
      1. Agreement means the Website Terms and Conditions as amended from time to time.
      2. Australian Consumer Law means Schedole 2 of the Competition and Consumer Act 2010 (Cth).
      3. Australian Privacy Principles means the principles under the Schedole 1 of the Privacy Act 1988 (Cth).
      4. Claim means any claim, suit, action, demand, or right.
      5. Content means any material on the Website as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
      6. Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
      7. Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
      8. Mobile App means the software/application known as Savvy App website.
      9. Party means a party to this terms and conditions.
      10. Parties mean all parties to this terms and conditions.
      11. Terms and Conditions means the terms and conditions set out in this document.
      12. Website means the Savvy App website including the Mobile App known as Savvy App.
      13. We, Us or Ourselves refers to Attacus Pty Ltd.
      14. You, Your or Yours refers to a user of this Website or Mobile App as the case may be.