User Terms & Conditions
Last Update: 19th December 2013
Please read these User Terms & Conditions carefully. Please contact us if you have any questions before you use the Website. You can contact us at email@example.com
This website is operated by Proviso Pty Ltd, and the terms "we", "us", "our" and "Proviso" refer to Proviso Pty Ltd and our group companies. Proviso Pty Ltd operates the site under license from Proviso IP Pty Ltd. You have no legal relationship with Proviso IP Pty Ltd. The Website is available at bankstatements.com.au (Website) and may be available through other addresses or channels. The term "you" and "your" refers to users of the Website (each a User).
Thank you for using our Website (Services).
1. ACCEPTANCE OF TERMS
1.2 Your access to and use of our Services indicates your acceptance of the User Terms. If you do not accept the User Terms, you are not authorized to use the Website or our Services.
1.3 The User Terms may be amended without notice from time to time in our sole discretion. Your continued use of our Services following any amendments indicates that you accept the amendments. You should check the User Terms regularly, prior to using the Website, to ensure you are aware of any changes, and only proceed to use the Website if you accept and will comply with the new User Terms.
2.1 The User Terms begin on the date that you accept the User Terms by clicking the "I Accept" button below, and will continue unless and until they are terminated in accordance with the User Terms.
3. SERVICES AND FEES
3.1 We agree to provide you with the Services set out on the Website, as soon as reasonably possible after you accept the User Terms.
3.2 You do not pay any fees for using our Service. Fees are payable by the Institutions that provide credit or credit assistance to users of our Website.
4. USER INFORMATION AND LICENSE
4.1 You are responsible for providing, updating and maintaining, correct information about yourself including your registration, usernames and account information for third party web sites, and information that we access from third party websites at your request and using your information (collectively, User Information).
4.2 By submitting User Information to Proviso, you grant Proviso and our group companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable license to:
(b) use and disclose the User Information to perform our Services, as set out in the User Terms.
4.3 You grant Proviso the right to pursue at law any person or entity that violates your or Proviso's rights in the User Information including by a breach of the User Terms.
4.4 You are solely responsible for creating backup copies of and replacing any User Information that you post or store on the Website at your sole cost and expense.
5. OUR CONTROL OVER AND LIABILITY FOR USER INFORMATION
5.1 Proviso takes no responsibility and assumes no liability for any User Information provided by you or any third party, including for inaccuracies or omissions, or for any loss or damage thereto, nor is Proviso liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. As a provider of interactive services, Proviso is not liable for any statements, representations or User Information provided to Proviso.
5.2 Proviso reserves the right, and has sole and absolute discretion, to use any User Information provided to Proviso or posted or stored on the Website, as set out in the User Terms.
5.3 Proviso has the right to include or exclude entry to, or remove a User from the Website at any time, for any reason whatsoever, in its absolute discretion, without liability to Proviso.
6.1. As a condition of your use of this Website, you warrant that:
(a) you possess the legal authority to enter into the User Terms and to use this Website in accordance with the User Terms;
(b) you will act lawfully and will comply with any applicable laws, regulations, industry codes of conduct and Australian standards in providing information to us;
(c) all User Information provided by you to Proviso is true, accurate, current and complete;
(d) you will keep your User Information true, accurate, current and complete, including to provide us with any new user name and passwords as required to obtain the Services;
(e) you will only provide User Information that is owned by you, about accounts owned by you where you are the account holder, and that you are authorised to provide the User Information to us;
(f) where you provide information about jointly held accounts, you have permission of the joint holders to provide the User Information to us on the basis of the User Terms;
(g) where you provide a referral code, you are authorised and approved to use the referral code;
(h) you will safeguard your Proviso account details, including any username and password, and will supervise and be responsible for any use of your account by anyone other than you;
(i) you are the legal and beneficial owner or authorised licensee of all User Information that you supply to us (whether or not for uploading onto the Website);
(j) if applicable, you have a valid ABN which has been advised to us; and
(k) if applicable, you are registered for GST purposes.
6.2 As a condition of your use of this Website, you agree:
(a) to abide by the User Terms;
(b) to provide true, accurate, current and complete User Information at all times;
(c) not to post or upload User Information which contains hidden code or images which do not relate to or which alter the intended meaning of the original User Information; and
(d) that Proviso has the right to refuse any and all current or future use of the Website. Where it is possible for Proviso to contact you directly, we will notify you of any suspension or termination and the reasons for it.
6.3 In using the Website you:
(a) agree, if relevant, that you are the registered business owner or authorised representative of the business using the Services;
(b) acknowledge that, to the extent permitted by law, Proviso is not liable for any User Information that causes you or your business any loss or damage; and
(c) acknowledge that Proviso reserves the right to include or exclude entry to, or remove a User from the Website.
7. PROHIBITED CONDUCT
7.1 You will not:
(a) Post, upload, distribute, store, create or publish any message, data, information, text, music, sound, photos, graphics, code or any other material :
i. that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work;
iii. that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Proviso; and
iv. any material of which contains computer worms, viruses or other types of malicious or harmful code;
(b) use the Website for any purpose or in any way which is contrary to the User Terms or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing on the Website any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website, or do anything that compromises the security and/or stability of the Website;
(d) use another person's name or identity without permission, or use the Website while impersonating another person;
(e) use the Website in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email;
(f) send automated queries to the Website without Proviso's express written permission
(g) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(h) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(i) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(j) deep-link to any portion of this Website for any purpose without our express written permission;
(k) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; and
(l) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Proviso in connection with the Website.
8. DISCONTINUATION AND CANCELLATION
8.1 We reserve the right to change or discontinue, temporarily or permanently, our Service at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of our Service.
8.2 You may cancel your registration by sending us a request for cancellation. Upon confirmation of your request, your Proviso account will be cancelled. We reserve the right to cancel your account for extended periods of inactivity.
8.3 Proviso may cancel our Service on 1 week's notice to you in writing (including by email).
9. OBLIGATIONS ON TERMINATION
Upon termination of the User Terms:
(a) Proviso will have no further obligation to, and will cease to, perform the Services to you;
(b) Proviso has sole and absolute discretion on whether to remove all User Information from its records, however it will retain copies of User Information as required by law and regulatory authority, for the period required;
(c) You will immediately return to Proviso any property (including Confidential Information and Intellectual Property) in your possession or control, that belongs to us.
(d) The accrued rights, obligations and remedies of the Parties are not affected by the termination of the User Terms.
10.1 You (and or any of your owners, directors, managers, employees or agents) will maintain the secrecy of any Confidential Information. You (and or any of your owners, directors, managers, employees or agents) agree that you will not, and will use your best endeavours to ensure third parties do not, disclose, copy, transmit, retain or remove any Confidential Information. The obligations under this clause will survive termination of the User Terms.
10.2 Confidential Information means any information about Proviso including but not limited to its Intellectual Property, terms, operations, products, prices, customers, code and algorithms, which is not in the public domain (other than as a result of breach of confidence).
12. INTELLECTUAL PROPERTY
12.1 All Proviso Intellectual Property belongs to Proviso or its licensors. Users do not obtain any interest or license in that Intellectual Property. Users may not do anything which interferes with or breaches those Intellectual Property rights. Proviso grants Users on the Website permission only to use copyright material as contemplated by the Services, and not to use the content of the Website in any other way or for any other purpose, apart from fair dealing permitted by the Copyright Act 1968.
12.2 Intellectual Property means all code, algorithms, copyright, fees, pricing, trade marks, logos, slogans, designs, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, Confidential Information and any other proprietary or industrial rights relating to Proviso (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; registered and unregistered trademarks and service marks including goodwill in the business and Services; trade, business company or organisation names; internet domain names; and Website content, images and layout.
13. MORAL RIGHTS
13.1 If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Information, you hereby declare that:
(a) You do not require that any personally identifying information be used in connection with the User Information, or any derivative works of or upgrades or updates thereto;
(b) You have no objection to the use, modification, deletion and exploitation of the User Information by Proviso or its licensees, successors and assigns;
(c) You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Information;
(d) You unconditionally consent to any act or omission by Proviso or persons acting on behalf of Proviso in relation to all User Information provided, stored or uploaded by you (or in collaboration with others) in connection with your use of or access to the Website, which may otherwise be an infringement of your moral rights; and
(e) You forever release Proviso, and its licensees, successors and assigns, from any claims that you could otherwise assert against Proviso by virtue of any such moral rights.
13.2 The obligations under this clause will survive termination of the User Terms.
This Website may contain hyperlinks to websites operated by parties other than Proviso. These hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
15.1 Our services come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services provided again if the services fail to be of acceptable quality and the failure does not amount to a major failure. We provide no warranty about the Services, except the warranty that cannot be excluded under Australian Consumer Law, to the extent that it applies, that, throughout the Term that services will be provided with due care and skill, will be fit for the specified purpose and will be supplied within a reasonable time. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
15.2 You indemnify and hold harmless Proviso, our group companies and officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought by third parties as a result of:
(a) the inaccuracy, inadequacy or incompleteness of your User Information;
(c) your infringement, or infringement by any other user of your account, of any law or rights (including intellectual property rights) of Proviso or a third party; or
(d) your, or any other user of your account, use of the Website or the Services.
15.3 The obligations under this clause will survive termination of the User Terms.
16. LIABILITY DISCLAIMER
16.1 The information, software, products, and services published on this Website may include inaccuracies or errors. To the maximum extent permitted by law Proviso and group companies (collectively Proviso) do not guarantee the accuracy of, and disclaim all liability (including for negligence) for any errors or other inaccuracies relating to the information displayed on this Website.
16.2 Proviso makes no representations about the suitability of the information, products, and services contained on this Website or any portion thereof for any purpose. The inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Proviso. All such information, software, products, and services are provided "as is" without warranty of any kind. Proviso disclaims all warranties and conditions that this Website, its servers or any email sent from Proviso, are free of viruses or other harmful components. To the maximum extent permitted under applicable law Proviso hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
16.3 Nothing in these Terms shall exclude or limit Proviso's liability for (i) death or personal injury caused solely by Proviso's negligence; (ii) Proviso's fraud; or (iii) Proviso's wilful default or gross negligence (iv) any other liability of Proviso which cannot be excluded under applicable law.
16.4 We are committed to providing you with a reliable service. We cannot however make warranties or representations about the availability of the Website or our Service. We take no responsibility and assume no liability for any outages of the Website. We reserve the right to change or discontinue the Website and/or our Services. You use the Website at your own risk and in no event shall we, our officers, directors and group companies, be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to any:
(a) failure to store information;
(b) any outage, delay or inability to access, display or use the Website;
(c) business interruption of any type, or
(d) modification or discontinuance to the Services or the Website;
arising out of, or in any way connected with, your access to, display of or use of the Website or our Services, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Proviso has been advised of the possibility of such damages.
16.5 If, despite the limitations above, Proviso is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of the relevant Proviso company will in no event exceed, one months' Fees.
16.6 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Proviso.
Communication and Notices
17.1 You agree that any notices or other communications may be provided to you electronically, and you agree to receive communications from us in electronic form.
17.2 A notice or other communication must be in writing in English and may be served to Proviso personally by post, facsimile or email to Proviso at the address provided on our Website, to Contact Us. Proviso may change its address for service of notices by written notice on the Website.
17.3 A notice or notice or other communication must be in writing in English and may be served to you personally by post, facsimile or email to you, using the contact details provided by you. You may change your address for service of notices by written notice to Proviso.
17.4 Relationship of Parties: The User Terms are not intended to create a relationship between the Parties of partnership, joint venture, agency or employer-employee. You have no authority to create, assume or otherwise enter into any agreement that imposes rights or obligations on the part of us.
17.5 Assignment: The User Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under the User Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
17.6 Waiver or Variation of Rights: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to the User Terms does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
17.7 Powers, Rights and Remedies: Except as expressly stated to the contrary in the User Terms, the powers, rights and/or remedies of a Party under the User Terms are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in the User Terms merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to the User Terms or any other person.
17.8 Execution and Counterparts: You may accept the User Terms by acceptance in electronic form on the Website. You hereby agree to waive any rights to challenge the validity or enforceability of the User Terms into on the Website
17.9 Entire Agreement and Understanding: In respect of the subject matter of the User Terms the User Terms contains the entire understanding between the Parties; all previous oral and written communications, representations, warranties or commitments are superseded by the User Terms and do not affect the interpretation or meaning of the User Terms and each of the Parties has relied entirely on its own enquiries before entering into the User Terms.
17.10 Governing Law and Jurisdiction: The User Terms is governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of New South Wales.