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Cashflow Coach

Terms of Use

In these terms of use, “we”, “us” and “our” means PricewaterhouseCoopers Advisory Australia Pty Ltd (ABN 74 166 960 112) of One International Towers, Watermans Quay, Barangaroo, NSW 2000.“You”, “yours” and similar expressions refers to the corporation, trust, partnership or other entity (and any of their related bodies corporate) that are agreeing to use PwC’s Cashflow Coach tool available at https://cashflowcoach.pwc.com (“Cashflow Coach”).

You represent that you are authorised to enter into these terms of use and agree you will comply with its terms.

You and your Invited Users (as defined below) will be provided with right of access to Cashflow Coach, in accordance with the following terms of use:

Term
  • Your use of Cashflow Coach will commence on your acceptance of these terms of use and will continue for successive periods of 90 days (each a “Term”), unless either party notifies the other at least 15 days prior to the expiry of the then-current Term.
  • You acknowledge that:
    • Subject to applicable law, we may from time to time and without notice, vary, modify or terminate, temporarily or permanently your use of Cashflow Coach and/or these terms of use.However, we will endeavour to notify you at least 15 business days ahead of any major changes to, or termination of, Cashflow Coach or these terms of use, where possible;
    • Cashflow Coach should not be used as your sole cash flow tool, and you should continue to useyour existing cash flow and financial management tools; and
  • You agree that your access to Cashflow Coach and any content derived from Cashflow Coach does not constitute financial, accounting, tax, legal or other professional services, and should not be used as a substitute for consultation with professional advisers.
Your Invited Users
  • As part of your use of Cashflow Coach, you may permit your employees, representatives and any person using it in your behalf (“Invited Users”) to use Cashflow Coach, provided that you acknowledge that we may refuse to invite any person to use Cashflow Coach for any reason in our sole and absolute discretion. 
  • You must ensure that your Invited Users comply with these terms of use. Where the context permits, a reference to “you” and “your” in these terms of use also refers to each of your Invited Users.
  • You will be liable for the acts and omissions of your Invited Users as if they were your acts or omissions.
  • Each of you and your Invited Users will be required to register an individual email address and password (or other log in details) for use as a single sign-on to access and use Cashflow Coach.You must keep your log in details secure and confidential, and not disclose or allow anybody else to use those log in details. We may assume that any person accessing or using Cashflow Coach using those log in details is you.
  • You must notify us immediately if you become aware of, or have reason to suspect that there has been, any unauthorised access to or use of Cashflow Coach using your log in details.
  • We may suspend access to Cashflow Coach where we reasonably believe there has been any unauthorised access to or use of Cashflow Coach through your log in details. Where we do so, we will notify you within a reasonable time of the suspension occurring, and the parties will work together to resolve the matter.
Your use of Cashflow Coach
  • In consideration for the performance of your obligations in these terms of use, we grant you a limited, non-transferable, revocable licence to access and use Cashflow Coach solely for your internal business purposes. By accessing or using Cashflow Coach, you agree to be bound by these terms of use.
  • We (or our licensors) retain all right, title, and interest in and to Cashflow Coach , and nothing you do on or in relation to Cashflow Coach will transfer any intellectual property rights to you or, except for the licence referred to above, licence you to exercise any intellectual property rights unless expressly stated.
  • Except as provided in these terms of use, any use or copying of Cashflow Coach for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
  • You must promptly notify us via au_next_support@pwc.com of all error messages, anomalies, defects, glitches and other issues affecting Cashflow Coach, by taking a screenshot and forwarding it to us . We will endeavour to respond to any queries within 1 business day.
  • You agree to keep these terms of use and our other confidential information (including details of Cashflow Coach) confidential, and not disclose any such information except as required by law or with our consent.You must only use our confidential information solely for the purposes of exercising your rights or performing your obligations under these terms of use (and this includes ensuring that no screenshots, photographs or other representations of Cashflow Coach will be taken and/or disclosed for any purpose other than to provide to us any feedback).
  • We accept no liability or responsibility to any third party in connection with Cashflow Coach. You agree to reimburse us for any liability (including reasonable legal costs) we incur in connection with any claim by a third party arising from your breach of this terms of use.
  • In using Cashflow Coach, you must not: copy, decompile or reverse engineer Cashflow Coach; provide us with inaccurate or incomplete information; violate any applicable laws or use Cashflow Coach for any purpose that is unlawful; distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; collect or store data about other users of Cashflow Coach; or engage in any other conduct that inhibits any other person from using or enjoying Cashflow Coach.
  • We are subject to certain professional and governmental regulatory requirements, including with respect to independence of our audit clients and associated entities or persons. You agree to promptly inform us if any of your responses to the independence questions you provided prior to being given access to Cashflow Coach are no longer true or accurate. We may need to ask follow-up questions and you agree to provide responses accurately and promptly.
  • If we determine that our independence obligations mean that we cannot provide you with access to Cashflow Coach we will, at our sole option, and with immediate effect and by notice to you, terminate your access to Cashflow Coach.
  • You agree that you have sole responsibility for the protection of the information that you or any other person input into Cashflow Coach (including any personal information) and that in no event shall we or our beneficiaries be liable for any loss of any kind (including loss or corruption of your data) arising from any act or omission.
  • You acknowledge that the general ledger software that you may licence and access through Cashflow Coach is not provided by us.We are not liable or responsible for your use of such general ledger software and any information exported into Cashflow Coach. You are responsible for your licence and use of the general ledger software, which will be governed by the terms you agree with your general ledger provider, and not by this terms of use. We are not a party to, and will have no rights or obligations under, any third party terms, and you agree to indemnify us against any loss or other cost we incur in connection with any claim by a third party.
Our rights and obligations
  • Any feedback you provide to us in connection with Cashflow Coach (including your participation in any workshop, provision of written suggestions and ideas for improvement, completion of evaluation forms or surveys provided to you) will be owned by us.You agree that we will be free to use and exploit any such feedback, and that no payment, royalty or other consideration whatsoever will be payable by us in connection with our use of such feedback.
  • Our approach to privacy is set out in our Privacy Policy, available at www.pwc.com.au/privacy. You agree to comply with the Privacy Act 1988 (Cth) when providing us with information. We agree to co-operate with each other in addressing our respective privacy obligations in connection with Cashflow Coach. 
  • You acknowledge that we may apply data analytics or other benchmarking tools to any data you input into Cashflow Coach and/or in connection with your usage of Cashflow Coach, provided that our disclosure or presentation of such data to any third party will be anonymised such that it could not identified as being generated by you.
  • You acknowledge that we are under no obligation to provide a production version of Cashflow Coach, to you (simply because you participated in the beta phase) or any other person.
  • Unless otherwise notified in writing by us, Cashflow Coach is being provided to you free of charge and made available to you on an ‘as is’ and ‘as available’ basis.
  • We make no representation or warranty as to functionality or performance of Cashflow Coach (including connectivity with your general ledger providers, the amount of “up time” or scheduling of down time, errors or omissions), and all express or implied guarantees, warranties (including fitness for a particular purpose), representations, or other terms and conditions relating to these terms of use or their subject matter that are not contained in these terms of use, are excluded to the maximum extent permitted by law.We will use our reasonable endeavours to provide Cashflow Coach during normal business hours in Sydney, but we cannot guarantee that this will always eventuate (including due to required maintenance, security and other issues, and any events beyond our reasonable control).
  • We may use third party providers of cloud-based data hosting, to host the software. You acknowledge that any information that you or any other person input into the software (including any personal information) will therefore be transferred to the hosting provider (who may in turn provide the information to other parties) (together, the Data Host), who may be located outside of Australia. The Data Host may not be subject to privacy obligations that are similar to the Australian Privacy Principles, and may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority.
  • You agree that in no event shall we or our beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:
    • the software being subject to scheduled or unscheduled downtime;
    • the failure (or absence) of measures to secure the information against accidental or unlawful loss, access or disclosure;
    • suspension of access to the software; or
    • erasure or modification of the uploaded information.
  • Nothing in these terms of use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.If any guarantee, warranty, term or condition is implied or imposed in relation to these terms of use under any applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
    • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  • Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:
    • we are not liable for any special, indirect, consequential, incidental or punitive damage, or any damages for loss of profits, revenue, goodwill, savings or loss or corruption of data; and
    • our maximum aggregate liability for all claims under or relating to these terms of use or their subject matter is limited to AUD$1,000 (one thousand dollars)(and in calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision),

whether in contract, tort (including negligence), in equity, under statute or on any other basis. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

  • If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  • These terms of use are governed by the laws of New South Wales, Australia, and both of us submit to the jurisdiction of the courts of New South Wales, Australia, and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.
  • These terms of use constitute the entire agreement between us and you in relation to Cashflow Coach and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to Cashflow Coach.