Clover Financial by arrangement with CashDeck Pty. Ltd. ABN 45 169 334 598 - offers an information service to third parties utilising software and facilities provided by CashDeck. In order to access that service, CashDeck requires that you give the permissions and make the agreements set out in these Terms and Conditions which will apply for the benefit of CashDeck and Clover Financial.
Please refer to the below Terms and Conditions before registering for our Service. If You apply for and use our Service, these Terms and Conditions will form a contract between You and CashDeck to govern the provision of our Service.
Please read these Terms and Conditions carefully. If You accept the contract and proceed to register for the service, a contract will apply between Us. If You do not agree to this contract, please do not register for our Service. In these terms the expression “You” means the person registering for our Service.
In these Terms and Conditions, unless the context dictates otherwise:
Access Criteria means such information required by the operator of a third party website to access the Account Information via the Aggregation Software and our Website.
Account Information means information displayed by Third Party Account Holders via our Website in relation to accounts of a Customer.
Aggregation Software means the software utilised by Us and/or the Service Provider to aggregate information provided by Third Party Account Holders and display it in the provision of the Services.
Agreement means the agreement between Us and a Customer for the use of our Service formed when a Customer access our Website, registers for use, is presented with an electronic request to accept our Terms and Conditions and clicks “accept”.
Consumer Law means any law relating to the protection of the consumers which would apply in respect of the provision of the Services, and the exclusion of which would be unlawful or create an offence, and includes the Australian Consumer Law.
Customer and/or You means a person who enters into an Agreement with Us to use the Service.
Customer’s Accounts means the accounts that You hold with Third Party Account Holders, and which you wish to be displayed utilising the Service.
Designated Recipient means any user with whom You have shared your ability to access the Service and your Account Information.
Login means your identifying username and password by which You login to our Website to access the Service.
Service means the Service provided by Us in conjunction with the Service Provider known as CashDeck whereby Account Information is displayed for the viewing of persons accessing our Website utilising the Customer’s Login.
Service Instructions and Procedures means any information, bulletins, user guides, manuals or other directions or instructions (however displayed) to our Customers for the use of our Service.
Service Provider means the provider of the account aggregation software and platform which is utilised as the engine for the Service and which is operated internationally.
Term means the term of this agreement which is one month from the date of acceptance of these Terms and Conditions.
The Partner means Clover Financial
Third Party Account Holder means any financial institution which makes Account Information available for viewing via the Website.
Third Party Website means any website (including that of any Third Party Account Holder) which is accessed via a link from the Website.
We and Us means CashDeck Pty Ltd.
From the time of your registration for the Service, You engage Us to provide to You access to the Service utilising the Login and upon and subject to:
Your entitlement to access and use the Service continues only for the Term and any further Terms We may grant to you, unless otherwise terminated pursuant to these Terms and Conditions. We reserve the right to discontinue the Service at any time by providing you with 7 days’ notice in writing.
You agree that by default The Partner is a Designated Recipient upon acceptance of these terms. For any other Designated Recipient to be established, You must allow it using the Services sharing capability.
In requesting that We perform the Service for You, You make each of the following assurances and agreements set out in this clause 4. You repeat each of those assurances and agreements on each occasion that You utilise and access the Service and You acknowledge and agree that they are your obligations under this agreement.
That You are:
in respect of the Customer’s Accounts.
That We perform our Services as agent for You and not as agent for the Third Party Account Holder. You appoint us as your agent for that purpose.
That You acknowledge the Services enable a read-only view of the Account Information and do not offer any capability to transact.
That You acknowledge that any Account Information displayed reflects only the most recent refresh of the information as provided by the Aggregation Software and that it may not reflect changes to that information made since the time of the receipt of that information via the Aggregation Software.
That You will not utilise the Service to attempt to access any Account Information other than your own Account Information and will not attempt to use the Service for any improper purpose.
That You will maintain the confidentiality of your Login and the Access Criteria and will not disclose intentionally or unintentionally that information to any third party.
That You authorise Us to retrieve your Account Information and Access Criteria and to register to view your accounts and to display the Account Information in such format as the Service provides from time to time.
You Appoint Us and to the extent necessary, the Service Provider to be your agent to transmit and display the Account Information and acknowledge that upon the Access Criteria being transmitted to the Third Party Account Holder via Us or the Service Provider, We shall not be in possession or control of it and are not responsible for any interception or capture of the Account Criteria, nor any loss or damage arising from it.
That You agree that your rights under this agreement are personal to You and cannot be assigned or underlet or otherwise dealt with.
That You agree that You will act in good faith and honestly in your dealings with Us and your observance of these Terms and Conditions.
That You will indemnify Us and hold Us harmless, together with the Service Provider and The Partner from any loss, cost, liability, harm or consequence of any time that is suffered by Us or the Service Provider or The Partner as a result of your permitting any disclosure of your Account Information or Login, including any disclosure of that information to or by a Designated Recipient.
You authorise Us, or any other entity authorised by Us, to provide to You information about a product or service in which We believe You may have an interest or which We believe may be of interest to users of our Service generally. In doing so, We may use your personal information however your Account Information will not be provided to any third parties and We may make provision for You to opt out of such communications.
That You consent to our providing your information to a related company or associate of ours, or an alliance partner for the purpose of promoting or using its product or services, and as We are otherwise obliged to disclose at law or as is necessary to provide the Service.
That You acknowledge that We may use, sell, license, distribute or disclose to third parties aggregated information obtained by the operation of the Service. That information may contain non-personal Account Information or data but will not contain personal information that could be used to identify You. Examples of aggregated information might include the number of people who use the Service and the type and numbers of accounts that are aggregated. You acknowledge that We will not disclose sensitive personal information about you without your consent.
That You acknowledge and understand that in respect of any Third Party Website (including any link to it):
The use of the Service does not create any license or permission for You to utilise the software or engine by which the Service is performed.
You agree that You will not attempt to copy or reverse engineer:
or otherwise attempt to derive source code or attempt to reproduce the Service or any part of it. You accept that to do so is a breach of the terms of our agreement with You. This obligation may be enforced by Us or the Service Provider.
You acknowledge that the form or content of the Services may be changed by Us and that those changes might affect the ease or manner in which the Account Information will be displayed and accessed by You. We may also offer further or other Services which may or may not be accepted by the Customer, or which may be offered to be provided at a further fee.
The ability to access the Service may be interrupted for periods of time whether due to maintenance or other interruption. We will attempt to keep any such interruption to a minimum.
Subject to and save to the extent prohibited by the Consumer Law, You agree that We and The Partner have no liability to You in respect of any claim, action, demand, loss or damage arising from:
and where such claim action or demand, loss or damage arises or is contributed to by virtue of Your breach of the terms of this agreement, negligence, or unlawful act, You indemnify Us against the same.
To the extent permitted by the Consumer Law and at all times subject to Your rights pursuant to it, You acknowledge that We and The Partner are not responsible for, and You release Us from any claims arising from, any interruption to the Service or any absence in the currency of the Account Information and You acknowledge that You will not rely upon the accuracy of the Account Information but will instead verify any such Account Information direct with the Third Party Account Holder before relying upon it, such that your reliance upon Account Information shall be reliance upon information provided by the Third Party Account Holder and not upon the Service.
While We shall take reasonable endeavours to maintain the Service, You acknowledge that it is subject to interruption whether because of internal software and hardware issues, or software or hardware or other issues with the Service Provider or with a Third Party Account Holder and You acknowledge and agree that You accept the Service subject to those agreements.
We may terminate your access to the Service at any time after giving you 7 days’ notice in writing. At the end of the notice period, We may terminate the service or provide you with the option to continue using the Service on a user pays basis.
To the extent that any provision of this agreement offends a provision of the Consumer Law, then it shall be read down or modified so that it does not have that meaning or effect.
Any provision of this agreement which is invalid or unenforceable shall be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.