Terms and Conditions

CashMaster Terms & Conditions:

CASHMASTER IS A DIGITAL FINANCIAL DATA ANALYSIS PLATFORM (THE “PLATFORM”) OPERATED BY EVERMORE SMARTCASH PTY LTD, ABN 87 608 508 676 (“CASHMASTER”/”US”/”WE”/“OUR”) THROUGH WWW.CASHMASTER.COM.AU (THE “SITE”) OR MOBILE APPLICATION (THE “APP”). PLEASE READ THE FOLLOWING TERMS & CONDITIONS (THIS “AGREEMENT”/“THESE TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE PLATFORM.  THE PLATFORM PROVIDES A DATA ANALYSIS SERVICE WHERE USERS OF THE PLATFORM (“USERS”/“YOU”) SIGN UP TO A CASHMASTER ACCOUNT AND ALLOW CASHMASTER TO COLLATE INFORMATION OBTAINED FROM A PARTICULAR USER ’S BANK AND/OR FINANCIAL ACCOUNT(S) TO PRODUCE ANALYSIS OF INCOME AND EXPENDITURE IN THE FORM CHOSEN BY THAT USER. 

BY ACCESSING, USING OR DOWNLOADING THE PLATFORM, YOU, A USER, AGREE TO BE BOUND BY AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THE FOLLOWING TERMS & CONDITIONS.  THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER, AND CASHMASTER. 

THESE TERMS AND CONDITIONS MAY BE UPDATED FROM TIME TO TIME AT OUR DISCRETION AND THE CURRENT VERSION WILL BE MADE AVAILABLE ON THE PLATFORM. USERS ARE RESPONSIBLE FOR REVIEWING AND KEEPING INFORMED OF ANY CHANGES TO THESE TERMS AND CONDITIONS. YOUR ACCEPTANCE OF AMENDED TERMS AND CONDITIONS IS IMPLIED BY THE CONTINUED USE OF THE PLATFORM.

1. User representations:

You represent and warrant to us that:

(i) you are at least 18 years of age;

(ii) you possess the legal right and ability to enter into a legally binding agreement with CashMaster in relation to the use of the Platform;

(iii) you will use the Platform in accordance with this Agreement;

(iv) you will be responsible for all usage of your CashMaster account and the use of your CashMaster account by others (including minors) or any unauthorised use; and

(v) you will immediately advise us if you become aware of any unauthorised use of your CashMaster account.

2. License:

Your use of the Platform is subject to a license hereby granted by CashMaster for the non-exclusive, non-transferable, limited right to use the Platform on a computer, tablet, mobile device or any other electronic device, unless otherwise specified by CashMaster. This license commences on the earlier date of either you installing the App or signing up to use the Platform for the first time and ends on the earlier date of either your account cancellation or CashMaster’s termination of the license or account. CashMaster retains the discretion to terminate or suspend your license or account immediately and without further notice (including if you attempt to circumvent any technical protection measures implemented in connection with the Platform). All rights not specifically granted under this Agreement are reserved by CashMaster and, as applicable, its licensors. CashMaster retains all ownership and proprietary rights in the Platform.

3. Provision of Services:

CashMaster provides a data analysis service to Users. CashMaster uses a third party software engine provided by Yodlee inc to allow Users to access their personal bank account and/or other financial accounts. All data transferred between Yodlee and CashMaster is encrypted and de-identified through the use of a unique personal identifier.

We rely upon the information that is collected from the bank and/or other financial accounts nominated by Users. We collate the information obtained from a User's bank and/or financial accounts and produce an analysis of expenditure and income in the form chosen by the User. Users can choose to receive an analysis of their financial activity over a time period or by category. Users can also choose to create a budget and receive alerts from CashMaster as well as bill payment reminders. CashMaster tools and services are limited to the information that is made available to us by the User. We do not claim to provide a holistic analysis of a User's entire financial position. CashMaster does not provide any advice or opinion about Users expenditure. We provide tools that the User may choose to utilise. We recommend that Users seek independent financial advice for specific advice about your personal financial circumstance.

CashMaster reserves the right to make changes to the Platform, Site, App and its operation at any time without prior notice to Users. CashMaster will take steps to ensure the ongoing effective operation and maintenance of the Platform and take steps to repair technical issues that arise from the Platform within a reasonable time, with the limitation that the issues are of a global nature, and do not arise from individual use. CashMaster uses one of the highest levels of security to protect our Platform from third party interference.

4. Financial Advisor:

Users may use the Platform in collaboration with their respective financial advisor and/or as a recommendation from their financial advisor (“Financial Advisor Subscription”). Users may grant access to their financial advisor to view their financial information and for any other ancillary purposes in relation to the financial advisor’s scope of services.   

CashMaster is not a party to any agreement between the User and its financial advisor (“Advisor Agreement”).  CashMaster’s only obligations in relation to the Advisor Agreement are as set out in the Terms and Conditions of this Agreement herein.  CashMaster is not responsible for the User’s or financial advisor’s performance of their obligations under the Advisor Agreement. 

You agree to release and forever discharge CashMaster from any and all claims, actions, demands or proceedings, which you may make institute or claim, in relation to:

(i) the Advisor Agreement, and all matters relating to the Advisor Agreement;

(ii) any services supplied to you by the financial advisor; and

(iii) the performance or failure to perform any obligation by the financial advisor as part of the services offered.

5. Subscription Fee:

User will be charged a monthly subscription fee (“Subscription Fee”) in advance and the Subscription Fee will auto-renew each month up until User cancel their CashMaster subscription or the subscription is otherwise terminated. The amount of Subscription Fee charged will depend on the subscription level the User has signed up for.    

Under the Financial Advisor Subscription level, the Subscription Fee is determined by the financial advisor. CashMaster will process and collect the Subscription Fee (including the share of the Financial Advisor’s share of the Subscription Fee).  CashMaster will remit the financial advisor its share of the Subscription Fee.

CashMaster reserves its right to amend its Subscription Fee and its subscription level(s) at any time and in its sole discretion (or in concert with the financial advisor for the Financial Advisor Subscription). Users will be notified if there is any amendment to the Subscription Fee and/or subscription level(s).

Subject to clauses 9.4 and 10 respectively, CashMaster will not provide any refund for paid Subscription Fee, including for change of mind and cancellation of the CashMaster account.

6. Cancellation:

Users can cancel the use of our services at any time. Cancellation will result in CashMaster deleting all of the User's information. In order to terminate a User must choose to permanently delete the account via the User's Profile tab in the Settings menu. Simply not logging onto the Platform or deleting the App will not give effect to termination and deletion of your information.

7. Conditions of use:

7.1. Users agree to use the Platform for its proper purpose in accordance with these terms and conditions, and the license provisions contained herein.

7.2. Users agree to supply CashMaster with information that is true and correct and not false or misleading.

7.3. Users agree to only use the Platform with authority of the bank and/or financial account holder.

7.4. Users agree to use the Platform in good faith and in a way so as to not bring disrepute or cause reputational or other damage to CashMaster, the Platform or to the goodwill relating to the services provided under this Agreement.

7.5. Users acknowledge and agree to the use of a third party platform provided by Yodlee inc. which allows Users to access their online banking and/or financial accounts via the Platform.

7.6. Users agree to the transfer of de-identified, encrypted data between Yodlee inc and CashMaster.

7.7. Users agree to use the Platform and the services in accordance with the technology and systems as provided. CashMaster will not make changes to its technology, systems or processes to accommodate individual needs.

7.8. Users agree not to (or not to attempt to) directly or indirectly:

(i) Distribute, lease, license, sell, rent or otherwise transfer or assign the Platform, or any copies of the Platform, without the express prior written consent from us;

(ii) Make a copy of the Platform or any part thereof;

(iii) Reverse engineer, decompile, disassemble, and/or prepare derivative works based on the Platform, in whole or in part;

(iv) Otherwise modify the Platform, in whole or in part;

(v) Remove or modify any proprietary notices, marks or labels contained on or within the Platform;

(vi) Use the Platform in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;

(vii) Use the Platform in a way that terminates these terms and conditions;

(viii) Use technology or other means that is not authorised by us to access the Platform;

(ix) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers" to access the Platform;

(x) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Platform;

(xi) Gain or attempt to gain unauthorised access to the Platform including the networks or user accounts;

(xii) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Platform servers or networks.

8. Indemnification

Users agree to defend, indemnify and hold harmless CashMaster, its related bodies corporate and their respective directors, officers, employees and agents from and against all loss, cost, expense, damage, claims, demands, suits, actions or proceedings (including legal costs and expenses) arising out of:

(i) the wrongful use of the Platform by the User (or caused or authorized by the User);

(ii) breach of this Agreement by the User;

(iii) breach of its agreement with its financial advisor;  

(iv) any act, error, or omission by the User, including in relation to incorrect, incomplete, or misleading information; or ?

(v) the User breaching of any applicable law. 

9. Implied terms and disclaimer

9.1 You acknowledge that CashMaster has not made and will not make any express or implied warranties in relation to the Platform or any other goods or services provided under this Agreement, other than those warranties expressly contained in this Agreement.  Subject to clause 10 below, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

9.2 Subject to clause 10, you agree that the CashMaster will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Platform or the provision of any other goods or services under this Agreement and whether as a result of any breach, default, or negligence by CashMaster.

9.3 Subject to clauses 9.4 and 10, the maximum liability of CashMaster to you for any and all breaches of this Agreement, or for any and all negligence in relation to this Agreement, will be no greater than the Subscription Fee(s) paid by you to CashMaster.  

9.4 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of CashMaster is limited, at the option of CashMaster, to:

(a)       in the case of goods, any one or more of the following:

(i)        the replacement of the goods or the supply of equivalent goods;

(ii)       the repair of the goods;

(iii)      the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)      the payment of the cost of having the goods repaired; and

(b)       in the case of services:

(i)        the supplying of the services again; or

(ii)       the payment of the cost of having the services supplied again.

10. Implied obligations which cannot be excluded

10.1 Any term of this Agreement which limits or excludes any term, condition or warranty, express or implied, or the liability of CashMaster will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.

10.2 Notwithstanding clauses 9 and this clause 10, for Australian consumers, the Platform, and goods and services provided by CashMaster hereunder, come with guarantees that cannot be excluded under the Australian Consumer Law.  If you are an Australian consumer, you may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You may also be entitled to have the Platform, or CashMaster’s goods and services, repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.  For more information about these rights please go to www.accc.gov.au. 

11. Unauthorised Transactions:

Unauthorised transactions can occur in a number of different ways. We will not be liable for any loss you suffer due to an unauthorised transaction on a bank or financial account (“External Account”). If there are any unauthorised transactions on any of your External Accounts, you must:

(i) Contact the relevant External Account Institution immediately and follow their official procedures to deal with the matter. ?

(ii) Require the External Account Institution to remedy or compensate you for any losses you may have suffered, to the extent of your legal rights. You should contact the relevant External Account Institution for further details about their policies about unauthorised transactions and use of account aggregation services.

12. Intellectual Property:

CashMaster retains all right, title and interest to the Platform, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Platform is protected by Australian copyright and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from CashMaster. Any persons copying, reproducing or distributing all or any portion of the Platform in any manner or medium, will be violating the copyright laws and may be subject to civil and criminal penalties in Australia or their local country.

13. Privacy:

The User acknowledges that the personal information which the User provides to CashMaster, may be provided to the financial advisor.  If the User wishes to obtain a copy of the financial advisor’s privacy policy (where the financial advisor maintains one), then the User should contact the financial advisor directly. CashMaster’s privacy policy may be viewed at https://www.cashmaster.com.au/privacy.

14. Governing Law:

This Agreement shall be governed by the laws of the Commonwealth of Australia and the State of Victoria. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be considered void to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

15. Complaints:

If you have a complaint about the Cashmaster system, you may email us at info@cashmaster.com.au and we will respond to you within 30 days of receiving this complaint.