Welcome to MyMoneyZen, an online course with built in software, designed to help You create a personal budget and a plan to roll that budget out automatically.
means the fee payable by You in accordance with the pricing set out on the Website (which MyMoneyZen may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right”
means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online personal budgeting services made available, as may be changed or updated by MyMoneyZen, via the website.
means the Internet site at the domain www.mymoneyzen.com or any other site operated by MyMoneyZen.
means MyMoneyZen Pty Ltd and all current and future global subsidiaries of MyMoneyZen Pty Ltd.
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
means the person who registers to use the Service, and where the context permits, includes any entity on whose behalf that person registers to use the Service.
Means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
MyMoneyZen grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
2.1. the Subscriber determines who is an Invited User and what level of access to the Service that Invited User has;
2.2. the Subscriber is responsible for all Invited Users’ use of the Service;
2.3. the Subscriber controls the User’s level of access to the Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level access, as the case may be;
2.4. if there is any dispute between a Subscriber and an Invited User regarding access to the Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
The Subscription Fee will allow for the coming 12 months of use. MyMoneyZen will continue to charge You yearly, until this Agreement is terminated in accordance with clause 8. You must pay or arrange payment, in full, within 10 days of the due date. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
Without prejudice to any other rights that MyMoneyZen may have under these Terms or at law, MyMoneyZen reserves the right to bill for the full Subscription Fee due or suspend or terminate Your use of the Service in the event that any Subscription Fees are not paid in full by the due date for payment.
You must only use the Service and Website for Your own lawful internal personal purposes, in accordance with these Terms and any notice sent by MyMoneyZen or condition posted on the Website. Any Invited Users must also comply with and accept all terms of this Agreement that apply to You.
3.4.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify MyMoneyZen of any unauthorised use of Your passwords or any other breach of security and MyMoneyZen will reset Your password and You must take all other actions that MyMoneyZen reasonably deems necessary to maintain or enhance the security of MyMoneyZen’s computing systems and networks and Your access to the Services.
3.4.2. As a condition of these Terms, when accessing and using the Services, You must:
a. not attempt to undermine the security or integrity of MyMoneyZen’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
b. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
c. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
d. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
e. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communications tools for lawful and legitimate purposes. You must not use any such communication tools for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. MyMoneyZen is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website.
You also warrant, represent and agree that you will not contribute any content or otherwise use the Services in a manner that is harmful, threatening, abusive, harassing, vulgar, obscene, or otherwise objectionable.
MyMoneyZen reserves the right to remove any communication or communication tool use, from any User, at any time, in its sole discretion.
You indemnify MyMoneyZen against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to MyMoneyZen, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
4.1.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for it’s own benefit, other than as contemplated by these Terms.
4.1.2. Each party’s obligations under this clause will survive the termination of these Terms.
4.1.3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
a. is or becomes public knowledge other than by a breach of this clause;
b. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
c. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
d. is independently developed without access to the Confidential Information.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of MyMoneyZen.
Title to, and all Intellectual Property Rights, in the Data remain Your property. However, Your access to the Data is contingent on full payment of the MyMoneyZen Subscription Fee when due. You grant MyMoneyZen a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data inputted into the Service. MyMoneyZen adheres to its best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. MyMoneyZen expressly excludes liability for any loss of Data, no matter how caused.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that MyMoneyZen may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. MyMoneyZen shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
6.2.1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person You have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
6.2.2. MyMoneyZen has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) You agree that:
a. You are responsible for ensuring that You have the right to do so;
b. You are responsible for authorising any person who is given access to information or Data, and You agree that MyMoneyZen has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
c. You will indemnify MyMoneyZen against any claims or loss relating to:
MyMoneyZen’s refusal to provide any person access to Your information or Data in accordance with these Terms,
MyMoneyZen’s making available information or Data to any person with Your authorisation.
6.2.3. The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.
6.2.4. MyMoneyZen does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. MyMoneyZen is not in any way responsible for any such interference or prevention of Your access or use of the Services.
6.2.5. MyMoneyZen is for Your own personal use only, and is not to be used in relation to any business, be that Your own or another parties’.
6.2.6. The information and advice provided by MyMoneyZen, including (but not limited to), that provided in the Services and the Website, is general advice only. It has been prepared without taking into account any of Your individual objectives, financial situation or needs. Before acting on this advice You should consider the appropriateness of the advice, having regard to Your own objectives, financial situation and needs.
6.2.7. MyMoneyZen is not Your accountant or financial planner and use of the Services does not constitute the receipt of accounting or financial planning advice. If You have any accounting or financial planning questions, please contact an accountant or financial planner.
6.2.8. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.
MyMoneyZen gives no warranty about the Services. Without limiting the foregoing, MyMoneyZen does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. 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.
7.1. To the maximum extent permitted by law, MyMoneyZen excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
7.2. If You suffer loss or damage as a result of MyMoneyZen’s negligence or failure to comply with these Terms, any claim by You against MyMoneyZen arising from MyMoneyZen’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in the previous 12 months.
7.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
MyMoneyZen will not provide any refund for any remaining prepaid period for a prepaid Subscription Fee.
These Terms will continue for the period covered by the Subscription Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
8.3.1. breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
8.3.2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Subscription Fees that are more than 30 days overdue); or
8.3.3. You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
MyMoneyZen may take any or all of the following actions, at its sole discretion:
8.3.4. Terminate this Agreement and Your use of the Services and the Website;
8.3.5. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
8.3.6. Suspend or terminate access to all or any Data.
8.3.7. Take either of the actions in sub-clauses 8.3.4, 8.3.5 and 8.3.6 of this clause 8.3 in respect of any or all other persons whom You have authorised to have access to Your information or Data.
For the avoidance of doubt, if payment of any Subscription Fees due (as defined at clause 3) is not made in full by the relevant due date, MyMoneyZen may: suspend or terminate Your use of the Service, or Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
8.4.1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
8.4.2. immediately cease to use the Services and the Website.
8.5. Expiry or Termination
Clauses 3.1, 3.5, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting MyMoneyZen. If You still need technical help, please check the support provided online by MyMoneyZen on the Website or failing that email us at email@example.com.
Whilst MyMoneyZen intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason MyMoneyZen has to interrupt the Services for longer periods than MyMoneyZen would normally expect, MyMoneyZen will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without MyMoneyZen’s prior written consent.
This Agreement is governed by the laws of South Australia and You hereby submit to the exclusive jurisdiction of the courts of South Australia for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to MyMoneyZen must be sent to firstname.lastname@example.org. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
These Terms were last updated on 4 May 2017.