- You acknowledge that:
- 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 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
- 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.
- You must promptly notify us via firstname.lastname@example.org 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.
- 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.
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.
- 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 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.
- 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
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.