Effective from 27/05/2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING THE SERVICES OF FLOWCASH.
Thank you for becoming a User of Flowcash, the cloud-based cashflow management and forecasting Application created to assist small to medium businesses to more effectively manage of one of their most important assets, “Cash”.
By continuing to use this Application you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy and Website Disclaimer, govern Flowcash’s relationship with You in relation to Your use of the Application and Website.
By using this Application and Website you signify your acceptance of these Terms and Conditions of Use, and you agree to be bound by them. They signify our commitments and our obligations to each other.
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using Flowcash to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use Flowcash then we will regard that use as conclusive evidence of Your agreement and acceptance that these terms govern Your and Our rights and obligations to each other.
Your agreement extends to anyone who is using Flowcash with your permission or acting on your behalf and acceptance of these Terms and Conditions of Use applies to all such parties.
"Agreement"
means these Terms and Conditions of Use.
"Anniversary Date"
means the annual Anniversary Date of Your subscription to the Flowcash Application which falls on the same date each year following the initial subscription.
"Confidential Information"
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Flowcash Application but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data"
means any Data that You or someone whom you authorise input into the Flowcash Application.
"Subscription Fee"
means the charge payable by You to access and have use of the Flowcash Application as stated on the Website or as invoiced which may be amended from time to time.
"Intellectual Property Right"
means any patent, trademark, 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.
"Flowcash"
means the trading name of the business providing application and website services. It is owned by Flowcash Pty Ltd [ABN 38 625 931 508].
"Flowcash Application"
means the cloud-based Software as a Service (SaaS) which is available on the internet at the URL https://flowcashapp.com.
"Flowcash Website"
means any Website operated by Flowcash which supports the Flowcash Application.
"You and Your"
means the person who has subscribed to access the Flowcash Application or any person who has access to the Flowcash Application with your authority.
"Your" has a corresponding meaning. You or Your may also include any legal entity that is named as an authorised user and is utilised to access the Flowcash Application.
"Privacy Policy"
means the Flowcash Privacy Policy.
"Website Disclaimer"
means the Flowcash Website Disclaimer.
"We and Our"
means Flowcash Pty Ltd - the owners and providers of the Flowcash Application and Flowcash Website.
Use of the Flowcash Application will be granted to You once you register and make payment of the annual Subscription Fee in accordance with the Subscription clause of these Terms of Use.
You may apply for and grant a right for other users to have access to your subscription by requesting a separate login and password to your Flowcash subscription. You understand that you are solely responsible for the control of other users' access to your Flowcash subscription and agree you take full responsibility to advise Flowcash of any user to be granted or rescinded access to your Flowcash subscription at any time. You agree to indemnify Flowcash from any action whatsoever with regard to unauthorised access by any User you have approved or for any unauthorised access due to a person accessing your Flowcash Application authorisation details.
You may email support@flowcash.com.au to cancel an access to the Flowcash Application at any time or if you believe that your logins and security have been contravened. We will action a user cancellation or reset of user access request as soon as practicable and you understand that this cancellation may not be immediate. You agree it is your responsibility to keep all access permissions and passwords secure to restrict unauthorised access to your Flowcash subscription.
The Subscription Fee is valid for the year that you subscribe and if the Subscription Fee increases during that 12-month period you will not be required to pay additional fees. Similarly, if the Subscription Fee reduces during that 12-month period you will not be entitled to any reimbursement. Upon your Anniversary Date and renewal of your subscription any amended rates will be payable for continued use of the Flowcash Application.
Amendments to Subscription Fees may be advised to you via the Website or email at our sole discretion. We will endeavour to advise you of any changes to the Subscription Fee prior to their effective date.
The Subscription Fee will be billed annually in advance and is payable not later than 14 days after the Subscriber registers for the Service. The Subscription Fee grants the Subscriber 12 months access to the Flowcash Application and is non-refundable. The Subscription Fee will be automatically renewed on each 12-month Anniversary Date of your Subscription unless it is cancelled prior to the Anniversary Date.
The Subscription Fee may be directly invoiced to You or may be paid via the setup of Your payment details within the Flowcash Application, the Website or a third-party secure application utilised by Us where You have entered payment details and authorisation. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
You authorise Flowcash to renew the Subscription and charge You via invoice, credit card details held or the direct debit authority held by Flowcash with your nominated bank account upon each Anniversary Date unless the subscription has been cancelled prior to the Anniversary Date.
Cancellation of the service must be notified to Flowcash via email to support@flowcash.com.au 48 hours prior to midnight AEST on the Anniversary Date. Non-payment of the Subscription Fee within 14 days of subscribing or on or around the renewal Anniversary Date for any reason whatsoever will result in your access to the Flowcash Application being rescinded until payment has been made.
We will not be liable for and cannot guarantee retention of Your inputted Data in the Flowcash Application due to the lapse in time between Your non-payment and Your late re-subscription.
For the sake of clarity, in the case of non-payment and the rescinding of access to the Flowcash Application, You may regain access by the payment of all outstanding Subscription Fees. Regaining Your access to the Flowcash Application may occur in the following instances:
1. If your Data is still available, then outstanding fees will be back dated and deemed to apply from the Anniversary Date onwards NOT from the payment date onwards.
2. If your Data has already been purged and You renew Your subscription, the payment date will become Your new Anniversary date and it will begin anew as if it was your first subscription to the Flowcash Application. In this instance You will need to recreate Your input Data.
We have the right to suspend or terminate your subscription for any valid reason that We deem necessary, at any time. You agree that We may, at our sole discretion, terminate or suspend your access to all or part of the Flowcash Application and Website, with or without notice and for a reason, including but not limited to, breach of these Terms of Use.
Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Flowcash Application and related services may immediately cease and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Flowcash Application.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.
There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You must only use the Flowcash Application and Website for Your own lawful business purposes, in accordance with these Terms of Use and any notice sent by Flowcash or condition posted on the Website. You may use the Flowcash Application and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
As a condition of these Terms, when accessing and using the Flowcash services, You must:
a) not attempt to undermine the security or integrity of Flowcash's computing systems or networks or, where the services are hosted by a third party, that third party's computing systems and networks;
b) not use, or misuse, the services in any way which may impair the functionality of the Application or Website, or other systems used to deliver the services or impair the ability of any other user to use the Application or Website;
c) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the services are hosted;
d) not transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Flowcash may from time to time provide on its Website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Flowcash and the owners of those websites. Flowcash takes no responsibility for any of the content found on the linked websites.
The Flowcash Website may contain information or advertisements provided by third parties for which Flowcash accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Flowcash absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Flowcash gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Flowcash to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.
At Flowcash, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. All customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.
Flowcash may be required, in certain circumstances, to disclose information in good faith and where Flowcash is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Flowcash.
Flowcash expressly excludes and does not permit you to use or access our Website, to download any documents or information from its Website or obtain any such documents or information through a third party. If you breach this term, then Flowcash will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Flowcash reserves the right to exclude and deny any person access to our Website, services or information in our sole discretion.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.
Flowcash expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Flowcash concerning your use and access to Flowcash’s Application and Website and your use and access to the documents and information on it. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this Agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This Agreement and this Website are subject to the laws of Tasmania and Australia. If there is a dispute between you and Flowcash that results in litigation, then you must submit to the jurisdiction of the courts of Tasmania.
It is an essential pre-condition to you using the Flowcash Application and Website that you agree and accept that We are not legally responsible for any loss or damage you might suffer related to your use of the Application or its Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Application or Website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Application or Website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through the Application and Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Flowcash’s liability for any breach of a term of this Agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this Website and to purchase any goods or services.