Website and App

diñeiro Terms Of Use

Document date: JULY 2022

OVERVIEW

  • We are diñeiro Pty Ltd ACN 646 413 087 (Provider, we, us and our). We are committed to respecting Your privacy. This page informs You of our policies regarding the collection, use and disclosure of personal data when You use our Services and the choices You have associated with that data.
  • This agreement contains the terms, conditions, and disclaimers (Terms) for accessing and using Services by You.
  • The Provider separately maintains its privacy policy regarding the collection and use of data.
  • If You do not agree to these Terms then You must stop using the Services.

DEFINITIONS

Application

  1. The Application is the wealth management and finance application operated by us.

Intellectual Property

  1. Includes all:
    • inventions, discoveries, innovations, novel or technical information and data, prototypes, processes, improvements, and patents, including all patents and patented applications, processes and products within the meaning of the Patents Act 1990 (Cth);
    • circuitry and circuit layouts, computer programs, software, code, drawings, plans, and specifications;
    • domain names, business names, trade marks, including any trade name, brand name, common law trade mark, or trade mark within the meaning of the Trade Marks Act 1995 (Cth);
    • designs, including all designs within the meaning of the Designs Act 2003 (Cth);
    • copyright material within the meaning of the Copyright Act 1968 (Cth);
    • trade secrets and know-how; and
    • works, and all other works resulting from intellectual activity in the industrial, scientific, education, literary, or artistic fields.

Privacy Policy

  1. Privacy Policy means our privacy policy relating to the collection and use of data, which can be found at: [insert link to policy].

Services

  1. The Services are the Application and Website.

Territory

  1. This agreement for the Terms shall be governed by the exclusive jurisdiction of the courts of the state of Queensland, Australia and those Courts that hear appeals from these Courts, including the Federal Court of Australia (the Territory).

Website

  1. The Website Is the website located at the domain https://dineiro.app operated by us.

AGREEMENT

  1. By and during Your access to and use of the Services, You agree that:
    • You have read, understand, and agree to be bound by the Terms before using this Services.
    • You have read, understand, and agree to be bound by the Privacy Policy and accompanying Cookies Policy before using the Services.
    • You are over the age of eighteen (18) years old and can give all consents and the making of all representations contained in the Terms.
    • In addition to the express clauses of the Terms, You will also comply with the laws of the Territory in relation to Your use of the Services and in all Your interactions with the Provider.
    • You waive, exclude, and agree to refrain from making use of any rights and legal actions which arise outside of the laws of the Territory, to the maximum extent permissible by law that can be validly and legally be done by You, in relation to the Terms and Your interactions with the Provider.
    • If You are accessing and using Services on behalf of or during Your duties for another legal entity, such as a corporation, You represent that You are an authorised agent able to act on behalf of this entity and able to validly bind the entity to these Terms.
    • You will not use the Services in order to harm or harass others.
    • You will not interfere with or damage or attempt to override any software or data associated with the Services.
    • You will not use any robot, spider or other device or process to mine, retrieve or in any way reproduce, modify or obtain data or code from the Website or Application.
    • You will not, except to the extent permitted by law, modify, adapt, sublicense, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or Application or cause any other person to do so.
  2. These Terms apply in addition to and may be amended by any other agreements entered into between You and the Provider.
  3. You hereby represent and warrant that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

REGISTRATION & LICENCE

  1. Access to the Application is provided to users by way of a year-to-year licence (License) granted in accordance with these Terms.
  2. You must have a registered account in order to obtain a Licence.
  3. To register an account, You must:
    • be least 18 years of age;
    • possess the legal right and ability to enter into a legally binding agreement with the Provider; and,
    • agree and warrant to use the Services in accordance with these Terms.
  4. When You register and activate Your account:
    • You will provide us with personal information such as Your name, email address, contact phone number and banking information. You must ensure this information is accurate and current.
    • You will be provided with sign-in information such as a username and password. You agree that You are responsible for keeping Your sign-in information secure and are responsible for all use and activity carried out under Your account.
  5. All personal information provided is handled in accordance with our Privacy Policy and Cookies Policy.
  6. We may, in our sole discretion, accept or reject Your application to register an account for use in relation to the Application.

CHANGING YOUR DETAILS

  1. You are able to update Your personal contact details and account information at any time through the Application.
  2. You are solely responsible for ensuring Your personal contact details and account information is accurate and up to date.

ACCOUNT ACCESS AND SECURITY

  1. Transactions that take place using the Services are done solely at Your risk.
  2. You are entirely responsible for the security of Your account, maintaining the confidentiality of Your password and all access to the Services through Your device(s), including by restricting access to Your device(s). We recommend You:
    • avoid use of the same password that You have ever used previously; and
    • keep Your password and any related secret information secure and confidential and do not share them with anyone else.
  3. You agree that You will not do anything to prejudice the security or privacy of Your account and Your access to the Services.
  4. You are solely responsible for all activities conducted through Your account whether or not You authorise the activity. In the event that fraud, illegality or other conduct that violates these Terms is discovered or reported (whether by You or someone else) that is connected with Your account, we may suspend or block Your account (or accounts).
  5. You are solely responsible for any harm resulting from Your disclosure, or authorisation of the disclosure, of Your password or from any person's use of Your password or device(s) to gain access to Your account. You acknowledge that in the event of any unauthorised use of or access to Your account, password or other breach of security, You accept that due to the nature of the Services and the platform itself, we may be unable to remedy any issues that arise.
  6. You must notify us immediately if You become aware of or suspect any unauthorised use of Your account.
  7. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third-party arising from Your inability or failure for any reason to comply with any of your obligations under these Terms or any other agreement that you have with us, or for any reason whatsoever, except fraud on our part.

FEES

  1. The Licence is provided to users for a fee which is published on our Website or in the Application from time to time (Licence Fee).
  2. You agree to pay the Licence Fee to us in exchange for access to and use of the Services in accordance with these Terms.
  3. In relation to the Licence and Licence Fee, You acknowledge:
    • the Licence is auto-renewing;
    • the Licence Fee is charged yearly;
    • You may incur additional fees payable to financial advisors and professionals in relation to their services provided to You either through or outside of the Application;
    • we may, from time to time, alter, upgrade or otherwise modify the features of the Services provided to You under the Licence; and,
    • we may, from time to time and at our complete and sole discretion, change the amount to be charged under the Licence Fee.

THIRD-PARTY SERVICE PROVIDERS

  1. By using the Services, You authorise us and our service providers to access third-party sites designated by You, on Your behalf, to retrieve information requested by You, and to register accounts requested by You.
  2. Within the Services, You may direct or permit us to receive Your information which is maintained online by third-party institutions with which You have a customer relationship, maintain accounts or engage in financial transactions (Account Information). We work with Yodlee Inc. (Yodlee) and other online services to access this Account Information. The protection of Your information is subject to strict security and privacy practices, as set out in the Privacy Policy.
  3. To provide You with the Services, we rely upon and use the bank account transaction software platform provided by Yodlee, alongside a number of other third-party service providers (Third-Party Service Providers).
  4. In using the Services, You authorise us and our Third-Party Service Providers to access, on Your behalf, third-party institutions, platforms and/or content in order to carry out actions designated by You (such as to retrieve banking information, register accounts etc.).
  5. All information we, or our Third-Party Service Providers, access on Your behalf is handled in accordance with strict security and privacy practices, as set out in the Privacy Policy.

RISK, INCLUDING CYBER RISKS

  1. You acknowledge and agree that Your use of the Services is at Your sole risk.
  2. By using and accessing the Services or anything contained or provided therein in any way, You represent that You:
    • have had reasonable opportunity to review these Terms;
    • will use the Services in accordance with these Terms;
    • will only use the Services in respect of bank accounts held directly by You;
    • will use the Services in good faith and in a way so as to not bring disrepute or cause reputational or other damage to us, the Services software or to the goodwill relating to the Services;
    • will permit the transfer of de-identified, encrypted data between third party institutions and/or platforms (and Third-Party Service Providers) and the Provider; and
    • understand the inherent risks associated with cryptographic systems;
  3. The security of your personal data and financial assets is important to us and the protection of Your information is subject to strict security and privacy practices, as set out in the Privacy Policy. While we agree to take reasonable steps to ensure your personal data and financial assets are protected from misuse, interference, loss and unauthorised access, you acknowledge that:
    • cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Your personal data or otherwise Your information stored by us in order to provide to You the Services. Among other potential consequences, this could result in the theft or loss of Your financial assets accessed through the Services;
    • the Services involve the use of software code which may be subject to flaws, and by using the Services You acknowledge and agree to undertake these risks.
  4. There are risks associated with using the Services, including, but not limited to, the risk of hardware, software and internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within Your account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Services, however caused.
  5. You also acknowledge that You are solely responsible for evaluating any transactions You perform while utilising the Services and the trustworthiness of any third-party websites, products, or content You access or use through the Services. You further expressly acknowledge and agree that third party applications can be written maliciously or negligently and that we are not and cannot be held liable for Your interaction with such applications, even if such applications cause the loss of financial assets, Your identity, or anything else. This warning and others later provided by us in no way evidence or represent an on-going duty to alert You to all of the potential risks of utilising the Services.

DISCLAIMER

  1. You acknowledge and agree that we cannot control and therefore have no obligation to take any action regarding:
    • how You may use the Services; or
    • what actions You may take or fail to take as a result of having been exposed to the Services.
  2. You release us from all liability for Your inability to access to the Services.
  3. We are not and cannot be responsible for, and make no representations, warranties or covenants concerning, any third-party content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency, of material contained in or accessed through the Services that has been obtained from third parties.
  4. While we take all reasonable steps to ensure that the information provided in our Services is not false or misleading, we do not warrant, guarantee, or make any representation about the accuracy, adequacy, reliability, completeness, or timeliness of the information available on the Services (Content) or that it is suitable for Your intended use.
  5. The Services and Content are provided by us in good faith on an “as is” basis without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
  6. The Content does not necessarily represent our views or opinions.
  7. The Services may include historical Content that is not current and is provided for reference purposes only.
  8. We do not warrant or represent that the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  9. We reserve the right to vary or modify the Content on the Services without notice and without liability. For the avoidance of doubt this includes, but is not limited to:
    • The hours of availability or access to the Services; and
    • The Content contained within or otherwise offered via the Services.
  10. We make no warranties, guarantees, or representations that the material in the Services does not cause damage, or that the material is free from any computer virus or other defects. You must complete a virus and similar checks in any Content downloaded.
  11. We use reasonable endeavours to ensure that the Services are available continuously, however, we cannot guarantee continuous or uninterrupted access.

USER-PROVIDED CONTENT

  1. In using the Services and for the duration of Your Licence, You agree to license to us and our Third-Party Service Providers any and all information, passwords, data, materials or information You provide to us (collectively, User-provided Content) for the purpose of providing the Services to you.
  2. In licensing to us User-provided Content, You agree and confirm that:
    • You grant us the right to use, modify or display the User-provided Content to provide to You the Services in accordance with our Terms and Privacy Policy; and
    • We and/or our Third-Party Service Providers may use, sell, license, copy, disseminate or publish aggregate User-provided Content. For clarity, aggregate User-provided Content does not include information from which You or any individual may be personally identified.

FINANCIAL SERVICES

  1. We do not hold an Australian Financial Services Licence and cannot give financial advice. The Services and Content are intended to assist You to manage Your finances, and are not intended to be providing financial, legal or tax advice. Any information provided to You by us is general information only which, when prepared, does not consider Your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and You should not act on specific issues in reliance on this information.
  2. Before making a financial decision, You need to consider (with or without the assistance of an adviser) whether this information is appropriate to Your needs, objectives and circumstances. You enter into any products or services presented by us at Your own risk.

LIMITATION OF LIABILITY

  1. The Provider is not liable for any direct, indirect, incidental, special or consequential loss, damage or injury, or any costs in relation to the use of the Services, including over:
    • Your use or access to (including inability to use and access) the Content on the Services;
    • Your use or access to (including inability to use and access) any goods or services referred to via the Services; and
    • any losses You may incur arising from your use of the Services such as for loss of programs, loss, theft or misuse of data or personal information, loss of business, business interruption, profits, except to the extent caused by our negligent act or omissions.
  2. You understand and agree that the Provider, its officers, employees, and directors will not be liable to You or any third-party for any direct, indirect, incidental, special, consequential, or exemplary damages which You may incur, howsoever caused, even if the Provider has been advised of the possibility of such damages.
  3. You agree that our total aggregate liability to You for any and all claims arising out of or relating to these Terms or Your access to or use of (or Your inability to access or use) the Services, is limited to the greater of –
    • The amounts actually paid to us by You in accordance with these Terms in the 12-month period preceding the date of the claim; or
    • $100.
  4. To the extent permitted by law, the Provider shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
  5. You acknowledge and agree that we have made the Services available to You and entered into these Terms in reliance upon the warranty, disclaimers, and limitations of liability, set out herein, which reflects a reasonable and fair allocation of risk between the parties. This forms an essential basis of the agreement between the Provider and You. You acknowledge and agree that we would not be able to provide the Services to You without these limitations.

INDEMNITY

  1. You shall release and indemnify, defend and hold harmless the Provider, and its officers, directors, employees and representatives from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from Your use of the Services, Your violation of these Terms, and any of Your acts or omissions. We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with us in the defence of such matter.

LINKS TO OTHER SITES

  1. You may, through hypertext or other computer links provided in the Services, be able to access other websites operated either by the Provider, its affiliates (Linked Sites) or other third parties (Third-Party Linked Sites).
  2. The Linked Sites may have different terms of use.
  3. Unless otherwise specified:
    • We do not control the Third-Party Linked Sites. The Third-Party Linked Sites may have different terms of use and may be subject to different laws.
    • We are not responsible for the content of any Third Party Linked Sites, or any changes or updates to those sites. These links are provided for Your convenience only. You link to any Third Party Linked Sites at Your own risk.
    • We are not a party to any transaction between You and a Third-Party Linked Site.
    • We do not sponsor, endorse, adopt, confirm, guarantee, or approve of any material or representations made on those Third Party Linked Sites.

SPAM

  1. We may at our discretion provide details for contacting us directly on the Services.
  2. Our purpose in publishing any contact details on the Services is to facilitate communications about the goods and services its supplies and it does not consent to receive unsolicited messages for any ulterior purposes by any means.
  3. If we receive such unsolicited messages, we reserve our rights and may make a report to the applicable anti-spam regulatory body.

INTELLECTUAL PROPERTY

  1. The Provider and/or its affiliates owns all Intellectual Property in the Content of the Services and all related intellectual property rights, including copyright in the Terms as a literary work.
  2. You acknowledge and agree that all content, coding, graphics, images, animations, and Information available on the Services is protected by copyright, and other intellectual property rights and laws.
  3. You cannot copy, reproduce, modify, republish, upload, post, transmit or distribute any part of the Content, without the Provider’s prior written consent. However, You may download and print these Terms of Use for Your personal non-commercial use.
  4. You expressly acknowledge that using the Services does not give You any right, title or interest to the Content or any other aspect of the Website and/or App.
  5. Using the Website and/or App and the Content for commercial purposes is expressly prohibited.
  6. The Provider or its affiliates have proprietary rights in all trade marks and trade names which appear on the Services. Using a trade mark without the registered owner’s consent infringes the owner’s intellectual property rights.
  7. By using the Services, You agree not to challenge the Proprietor’s rights or ownership in respect of:
    • The domain name(s) for accessing this the Services;
    • Any trade marks in connection with the Services; or
    • Any material in which copyright subsists that is used in connection with the Services.

TERMINATION AND SUSPENSION

  1. You have a right to terminate Your Licence at any time through the Application. Upon termination, You will retain access to Your account and the Services for the remaining paid duration of Your Licence however, the Licence will not automatically renew for a further period.
  2. You will not receive any refunds if You cancel Your account, or if these Terms are otherwise terminated due to Your fault.
  3. We may, at any time, decide to terminate or suspend all or part of the Services and Your access to the Services immediately, without prior notice or liability.
  4. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend Your account(s) and/or Your access to all or some of the Services. You agree that any suspension of Your access to the Services may be without prior notice, and that we (and our officers and employees) will not be liable to You or to any third-party for any such suspension. Where such termination or suspension is due to no fault on Your behalf, we may elect (in our absolute discretion) to provide you with a refund of such part of the Licence Fee that relates to the suspended or terminated period of your Licence.
  5. In the event of Your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, we may, without limitation, elect to terminate or suspend Your account, forfeit any remaining Licence Fee and adopt any other action deemed necessary to prevent future breaches, in addition to any other remedies we may have at law or in equity.
  6. Upon any termination or suspension of Your account, You may no longer have access to information that You have posted on the Services or that is related to Your account, and You acknowledge that we will have no obligation to maintain any such information in the relevant databases or to forward any such information to You or to any third-party. Upon termination of Your account, Your right to use the Services will immediately cease.
  7. Clauses 24, 40 to 42, inclusive, 45, 47, 53 to 58, inclusive, 64 to 71, inclusive, 73, 76 to 78, inclusive, and 82 to 89, inclusive of these Terms survive termination.

CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS

  1. These Terms may be amended by the Provider without notice and at their complete discretion, which is immediately effective once the amendment is posted on Website and/or Application. Your continued use of the Services after the amendments are posted on our Website and/or Application will be deemed to be your consent to such amendments.
  2. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
  3. Here is a list of our other policies and agreements:

CONTACT

  1. All contact, queries or other correspondence regarding these Terms should be directed to the Provider’s legal representatives as follows:

CompanyMacpherson Kelley Lawyers
AttentionBNE Intellectual Property and Trade Team
Emailipq@mk.com.au
Phone(07) 5472 8529

Postage
C/¬ Macpherson Kelley Lawyers
GPO Box 5299,
Brisbane QLD 4001

  1. Any correspondence for these Terms will be deemed as dated on the date received by the recipient.

GENERAL

  1. Entire Agreement
    • =These Terms (and any additional terms, rules and conditions of participation that Dineiro may post on the Website or on the Application), the Privacy Policy and our Cookies Policy constitute the entire agreement between You and the Provider with respect to the Services. and supersedes any prior agreements, oral or written, between You and the Provider. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
  2. Waiver
    The failure of the Provider to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or admission to any facts. A waiver or admission is only effective if and in accordance with a written statement made by a duly authorised officer of the Provider.
  3. Severability of Terms
    If any part of these Terms is invalid or unenforceable, these Terms must:
    • be interpreted with amendments made as narrowly as possible to allow it to be enforceable or valid while still retaining as much as possible, the Term’s original intention and effect (Reinterpreted); or
    • if unable to be Reinterpreted as above, then any invalid or unenforceable part shall be severed without affecting the enforceability or invalidity of any remaining part of the Terms.
  4. Headings
    Headings used in the Terms are for convenience only and have no legal or contractual effect.
  5. Governing Law
    Your use of the Services, the Licence and these Terms are governed by the laws of Queensland and the Commonwealth of Australia.
  6. Jurisdiction
    By using the Services, You agree to the non-exclusive jurisdiction of the courts of Queensland, the Federal Court of Australia and of courts entitled to hear appeals from those courts.

END OF DOCUMENT
This Terms of Use has been prepared with our legal team at Macpherson Kelley.

© Diñeiro Pty Ltd ACN 646 413 087 2022