User Terms & Conditions

Last update: 10 November 2023

 

This site is owned and operated by myprosperity Aust Pty Ltd ACN 155 242 185, an independent provider of property and financial management tools and platforms.

You have been given the opportunity to become a user of this site as a client of myprosperity, in accordance with the myprosperity terms and conditions.

The following terms and conditions (Terms), together with our privacy policy are the complete terms of a legal agreement between you and myprosperity Aust Pty Ltd ACN 155 242 185 (us or we) in relation to your access to and use of the Platform. By using the Platform you agree to be bound by these Terms. If you do not agree to these Terms or cannot comply with them, you must not use this Platform

We may make modifications to the Platform and these Terms from time to time. You should visit the Website regularly to keep up to date with any alterations. If we make a material change, we will inform you. If the changes have a material detrimental effect on your use of the Platform, you may cancel your User Account in accordance with section 7(a).

If you have any questions or need clarification on any issue please email us at support@myprosperity.com.au.

1. Registration of User Account

(a) You must register a User Account to access and use the Platform. You can do this by registering a User Account on our website.
(b) We reserve the right to refuse an application for registration of a User Account by any person for any reason at our discretion. We will refund any Subscription Fee you paid if we refuse the application to register the User Account.
(c) You must provide us with certain personal information (which may include your name, address, telephone number, credit card details and debit card details) and your current email address in order to register or apply for a User Account, upload Materials to our database and access and use the Platform. We may use your notified email address to contact you or send you notifications, tax invoices, alerts and other communications from time to time. You acknowledge that we may be unable to provide you with the Platform or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address.
(d) User Accounts are only available to persons who are at least eighteen years of age or otherwise have the permission of an adult. You must not apply for or register a User Account or use the Platform if you are under the age of eighteen unless you have the permission of an appropriate adult. By applying for a User Account you warrant that you are at least eighteen years of age or otherwise have the permission of an appropriate adult. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering a User Account or using the Platform. We will confirm the registration of your User Account in our sole discretion.

2. User Accounts acquired via a Referring Provider

(a) If you acquired a User Account via a Referring Provider:
(i) your access to the Platform is subject to our relationship with your Referring Provider and will only continue while the arrangement between us and your Referring Provider continues;
(ii) your Referring Provider may upload materials to your User Account and will have full access (including editing capability) to all Materials you upload to the Platform. Your Referring Provider will also have full access to any Materials they upload to the Platform on your behalf;
(iii) you may limit or block access by your Referring Provider by changing the guest access permissions in your User Account.
(b) We are not responsible for any access to or use of your Materials by the Referring Provider.
(c) If our relationship with your Referring Provider ends for any reason, we may offer you an opportunity to continue your access to the Platform and Materials under a direct arrangement with us.
(d) If you are a Referring Provider, you warrant that the holder of the applicable User Account consents to your access to their Materials.

3. Your responsibilities

3.1 Usernames and Passwords

(a) Your User Account is accessed via a unique username and password combination that you will set up in accordance with our registration process. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so.
(b) You may create additional passwords to permit others authorised by you (Guests) to access your User Account (Additional Passwords). Unless you select access permissions on the Platform, Guest will have full access to your User Account and all your Materials and you will have full access to any Materials uploaded by the Guest.
(c) You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your passwords and are solely responsible for all use of your password and your Additional Passwords and for the actions of any person for whom you have created an Additional Password and are solely liable for. You indemnify us for any loss that we suffer as a result of:
(i) you disclosing your password or an Additional Password to a third party;
(ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password or an Additional Password;
(iii) any person’s access to or use of your password or an Additional Password; or
(iv) access to or use of your Materials by a Referring Provider, except to the extent that such events occurred as a result of our breach of these Terms, negligence or other wrongful act or omission.
(d) You must notify us immediately by email if you have any reason to believe that your password or an Additional Password has become known to anyone else without your authorisation, or if your password or an Additional Password is being, or is likely to be, used in an unauthorised manner. In such a case, we will cancel the relevant password and send you a new one by email within a reasonable time of being notified. You may change any new password allocated by us by updating your User Account settings after you have logged into the Platform.

3.2 Use of the Platform

(a) We reserve the right to limit the volume of Materials you may upload to the Platform and the volume of transactions you conduct on the Platform at any time.
(b) You agree to comply with all applicable laws applicable to your use of the Platform.
(c) Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, including, but not limited to, by uploading or transmitting through the Platform any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Platform or any computer.
(d) You must not post on the Platform any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. We may block and/or delete from the Platform any material posted to the Platform that we consider to be abusive, defamatory, obscene, contrary to law or to the rights of any party.
(e) You must not impersonate or misappropriate the identity of another person.
(f) You must use the Platform for personal and non-commercial purposes only. You must not attempt to use the Platform or any of its content to solicit others to participate in any organisation or commercial on-line service.
(g) Use of the Platform in contravention of these Terms may result in you being banned from the Platform and being liable to us for breach of contract and/or infringing applicable law. We adopt commercially reasonable efforts to protect and preserve the Materials but we are not responsible for any loss of or damage to the Materials, so you should retain your own backup copies of all Materials you upload to the Platform.

3.3 Technical requirements

The Platform may only be available on compatible devices which meet specific system or software requirements specified on the Platform from time to time. We do not warrant or guarantee that access to or use of the Platform will be available on all devices and you are solely responsible for ensuring that any device you use meets the system, software or other requirements specified on the Platform from time to time.

4. Subscription Fees

(a) In the event the Referring Provider requires you to pay us directly, you must pay the Subscription Fees when you apply to register your User Account and before the expiry of each monthly period during the term of these Terms. If you do not pay the Subscription Fees when they are due, we may suspend your access to the Platform until the Subscription Fees are paid.
(b) Subscription Fees and all other fees, charges and prices are stated on the Platform in Australian dollars and are inclusive of applicable taxes. In the event the Referring Provider requires you to pay us directly, you are responsible for paying all fees and taxes (including any goods and services or similar value added taxes) in respect of your User Account and we reserve the right to charge you such applicable taxes. In these Terms, a reference to payment of Subscription Fees includes payment by a Referring Provider, where applicable.
(c) We may change Subscription Fees or add other fees from time to time to reflect any modifications we make to the Platform or otherwise in accordance with our legitimate business interests by sending a notification of the change to your last notified email address at least 30 calendar days before the changes come into effect, unless the Referring Provider is paying Subscription Fees on your behalf in which case we will notify the Referring Provider. If you do not agree to pay the new fees, you may terminate these Terms in accordance with section 7(a).

5. Payment

(a) Subscription Fees must be paid through the Platform via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe).
(b) All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment, the payment will not be processed.
(c) All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe, and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe.
(d) To the extent legally permitted, we are not liable to anyone for any loss that is connected to, related to or arises from any payment transaction you enter into with Stripe.

6. Changing subscriptions

The features that you are entitled to access are determined by your User Account type. If you want to change your User Account type, you will need to contact us.

7. Cancellations and suspensions

(a) You may cancel your User Account at any time by giving us 30 calendar days’ notice by email.
(b) You can also cancel your User Account immediately by providing us notice if we breach these Terms and the breach is not remedied within 30 calendar days of your notice to us requiring us to remedy the breach or the breach is not capable of being remedied.
(c) We may cancel or suspend your User Account at any time immediately by providing you notice if you breach these Terms and the breach is not remedied within 30 calendar days of notice to you requiring you to remedy the breach or the breach is not capable of being remedied. We may also cancel your User Account if our relationship with your Referring Provider ends or we believe that you are using the Platform in a manner that is unsafe or harmful.
(d) Upon expiry or cancellation of these Terms or your User Account or cessation of operation of the Platform, we will:
(i) immediately cease providing you with the Platform;
(ii) subject to clause 8 (retention of your information), stop your access to your Materials through the Platform;
(iii) subject to clause 8 (retention of your information), at your request, delete all personal information you have provided to us or uploaded to our database for access via the Platform, but we may retain and use at our discretion any information that you have provided to us that is not personal information.
(e) You are not entitled to a refund and any outstanding Subscription Fees and other fees become immediately due and payable upon cancellation if:
(i) you cancel your User Account for any reason other than a breach by us; or
(ii) we cancel your User Account as a result of you breaching these Terms (including our privacy policy).
(f) We will refund any Subscription Fees you have paid on a pro rata basis within a reasonable time of cancellation in respect of the period after cancellation, if we cancel your User Account other than for cause. If the Subscription Fees were paid by a Referring Provider, the refund will be provided to the Referring Provider.

8. Retention of your information

You will have access to the Platform for 14 calendar days after your User Account expires or is cancelled for any reason, to download a copy of the Materials. On the expiry of the 14 calendar day period, we may delete or destroy your Materials. You are solely responsible for complying with accounting, tax and other applicable laws including relating to data retention.

9. Intellectual property

(a) The Platform and all material and content displayed on the Platform, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright and other intellectual property rights owned by us, and brands, names, images and logos displayed on the Platform may be the subject of our registered trade marks.
(b) You may access, display, download and print portions of the Platform only for your own private non-commercial use and to access services via the Platform. This permission is subject to you not modifying the content displayed on the Platform, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Platform. Unless allowed by law, any other use of material on the Platform, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of its content is strictly prohibited.
(c) All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe, and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe.
(d) Except as expressly stated in these Terms, we do not grant you any rights in respect of our intellectual property. Nothing in these terms is intended to affect our ownership of our intellectual property rights.

10. Your Materials

(a) You must not upload to our database any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with our procedures and policies in respect of uploading information and Materials as specified on the Platform from time to time.
(b) You warrant that you own all copyright in your Materials, or otherwise have the right to upload your Materials to our database, reproduce your Materials and permit us to reproduce your Materials.
(c) Solely to enable us to provide the Platform to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.

11. ISP charges

Your internet service provider may impose a connection or data charge for all Materials uploaded to or downloaded from the Platform. You are responsible for informing yourself about and paying any applicable connection or data charges.

12. Notifications

(a) We may send automatically generated updates, alerts, reminders or other notifications (together, Notifications) to your last notified email address. You can change your preferences for Notifications at any time.
(b) You acknowledge that Notifications may include your User Account username and information regarding your financial affairs or accounts (such as due dates and outstanding balances), and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, you must not elect to receive Notifications.

13. Third party providers

(a) We engage third party providers from time to time to enable us to provide the Platform and services to you.
(b) By accepting these Terms, you are also accepting the policies and terms set out in the table in paragraph (c) below. You should ensure that you have read and understood these policies and terms and that you keep up to date with any changes to such policies and terms.
(c) We currently engage the following third party providers:

Third party provider Services
Yodlee Inc. of 3600 Bridge Parkway, Suite 200, Redwood City, CA 94065 USA (Yodlee) Yodlee provides us with the resources necessary for us to access Third Party Websites and Third Party Accounts on your behalf.

You acknowledge and agree that by accepting these Terms, you are also accepting that the use of your Materials by Yodlee is subject to Yodlee’s own privacy policies and terms (available at https://www.yodlee.com/oceania/legal/privacy-notice) and that we are not responsible for such use by Yodlee.
OneSpan Inc. (formerly VASCO Data Security International, Inc.) of 121 West Wacker, Suite 2050, Chicago, Illinois 60601 USA (OneSpan) If your User Account type and subscription include the Digital Signature Functionality, that functionality is currently provided by OneSpan Inc, via a link from the Platform to the website operated by OneSpan Inc. at https://www.onespan.com

By accepting these Terms, you are also accepting the OneSpan terms and conditions (available at https://www.onespan.com/terms-and-conditions).
Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) All payments by you pursuant to these Terms are processed using the payment gateway provided by Stripe.

By accepting these Terms, you are also accepting the terms and conditions of the Stripe services agreement (available at https://stripe.com/au/ssa).
RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) (Core Logic) Core Logic provides property related data which are made available through the Platform from information gathered from a variety of sources. Whilst all care is taken in providing the data, we and Core Logic cannot guarantee or make any representations regarding the use of, or reliance, on such data and you should not rely on the data without making your own independent assessment of the property and other sources of information.

We may block access to, cease providing access to or cease making available property related data through the Platform (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 calendar days before the change comes into effect.
Automotive Data Services Pty Ltd ACN 001 680 593 (Red Book) Red Book prepares vehicle related data made available through the Platform from information gathered from a variety of sources. Whilst all care is taken in producing the data, we and Red Book cannot guarantee or make any representations regarding the use of, or reliance, on such data and you should not rely on the data without making your own independent assessment of the vehicle and other sources of information.

We may block access to, cease providing access to or cease making available vehicle related data through the Platform (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 calendar days before the change comes into effect.

(d) Our privacy policy also contains details of other third party software we use in relation to the Platform and the services we offer including the Intercom, Heap and Survicate software.
(e) We may receive referral fees from or pay referral fees to third party product and service providers:
(i) which are linked or referred to on the Platform;
(ii) which are referred to you by us in the course of providing the Platform;
(iii) which refer you to us or the Platform; or
(iv) with which you choose to transact as a result of your use of the Platform.

14. Access to Third Party Accounts

We currently engage Yodlee, to provide us with the resources necessary for us to access Third Party Websites and Third Party Accounts on your behalf. By entering into this Agreement, you agree to comply with the Pass Through Terms set out in Attachment 1.

15. Third Party Material on the Platform

(a) The Platform may display links to Third Party Websites or material sourced from a third party (including a service supplier or consumer) (Third Party Material). Third Party Material includes recommendations to Third Party Websites or information that is derived from Materials that you provide.
(b) We are not responsible for any of the Third Party Material and we do not make any representations about the accuracy or utility of the Third Party Material. If you use the Third Party Material, you do so at your own risk.

16. The Platform

16.1 Information on the Platform

(a) Information on the Platform may change from time to time and the information may contain technical inaccuracies or typographical errors. While we use reasonable efforts to ensure that the information on the Platform is correct, current, or complete, we cannot guarantee this will always be the case. Accordingly, you should independently confirm the accuracy and completeness of all posted information and Materials before using the Platform or making any decision related to any products or services described on or referred to by the Platform.
(b) You acknowledge and agree that the effectiveness of the Platform may depend on the accuracy and completeness of information provided by you and of the Materials you upload to the Platform.

16.2 Functions of the Platform

The Platform may provide various functions, resources and financial management tools (including calculators) from time to time (Management Tools). Such Management Tools rely on data provided by you, third party providers and Third Party Websites and make assumptions based on such data to generate information and results. The information and results generated by such Management Tools are estimates only based on available data and are not guaranteed or warranted to be accurate, reliable, use appropriate assumptions, be fit for your particular purpose or otherwise suitable for your use. The Management Tools are provided for information purposes only and should not be relied on as a substitute for professional advice.

16.3 No advice

We are not a financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Platform is provided solely to assist you to manage your financial and other information and to communicate with third parties and we are not providing financial, accounting, investment, legal, tax or other advice. You should consider obtaining professional financial, accounting, investment, legal, tax and other applicable advice suitable to your particular circumstances before deciding to obtain products or services from any third party.

17. Data protection

17.1 Privacy

Your privacy is important to us. Information about the collection and use of your personal information is contained in our privacy policy. By accessing, browsing or using the Platform, or by supplying any information to us you acknowledge that you have read, understood, and agree with the terms of our privacy policy (available at https://www.myprosperity.com.au/privacy-policy-2/).

17.2 Security of electronic communications

You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the internet. Accordingly, we do not promise that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Platform (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Platform (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.

17.3 Viruses

You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information as you deem appropriate.

18. Disclaimer of warranty

(a) Use of this Platform is at your sole risk.
(b) To the extent permitted by law, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.
(c) Without limitation, we do not represent or warrant that the functions within the Platform will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Platform or the server/s that makes the Platform available is free of viruses or other harmful elements.
(d) To the extent permitted by law, you agree that in using the Platform you have not relied on any statement or representation we make which is not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
(e) If an applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, we limit our liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our discretion.

19. Limitation of liability

(a) To the extent permitted by law, in no event will we be liable for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from these Terms, including, any lost profits, business interruption, lost savings or loss of programs or other data. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.
(b) To the extent that the above exclusion of liability in paragraph (a) is unenforceable, invalid or ineffective for any reason, our maximum aggregate liability in each calendar year for all losses, damages and other amounts under any cause of action referred to in paragraph (a) above is limited to the amounts received by us from you under these Terms in the preceding calendar year, or if that amount is $0, then AUD$50.00.
(c) The exclusion of our liability under paragraph (a) and (b) does not apply in respect of loss which arises from our gross negligence, wilful misconduct or fraud.

20. Indemnity

(a) Each party (the Indemnifying Party) must indemnify the other party, its officers, employees, agents and contractors (the Indemnified Party) against all liabilities, damages, costs or expenses that the Indemnified Party may sustain or incur as a result, whether directly or indirectly, of a breach of law.
(b) You indemnify us, our officers, employees, agents and contractors against all liabilities, damages, costs or expenses that we sustain or incur as a result, whether directly or indirectly of:
(i) any fraudulent act or omission by you; and
(ii) any misuse of your account other than to the extent that misuse was caused by us, our officers, employees, agents and contractors.
(c) The indemnity under paragraph (b) does not apply to the extent that the liability, damage, cost or expense arises from our gross negligence, wilful misconduct or fraud.

21. Notifying us

To notify us, please email us at support@myprosperity.com.au

22. Personal and Non Commercial Use Only

(a) Data and valuations on the Platform are provided for your personal and non-commercial use only.
(b) You are not allowed to:
(i) use anything on the Platform to create a similar platform;
(ii) use any automated process to query, access or copy any data and valuations on the Platform; or
(iii) otherwise transfer or sell any of the data or valuations on the Platform.

23. Severance

If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.

24. Waiver

No failures to exercise and no delay in exercising any right or privilege under these Terms operates as a waiver thereof. A waiver for any breach of these Terms will not be deemed to be a waiver of any subsequent breach of that or any other provision.

25. Entire agreement

(a) Nothing in these Terms limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
(b) Subject to paragraph (a), these Terms contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

26. Force Majeure

Neither party will be responsible in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond its control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Platform, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.

27. Assignment

This Agreement is personal to you and in order for us to assess and verify prospective users of the Platform, you cannot assign it without our prior written consent, which will not be unreasonably withheld taking into account our legitimate business interests.
We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion, acting reasonably and taking into account our legitimate business interests.

28. Relationship

Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

29. Applicable law

These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.

30. Definitions

For the purposes of these Terms:
(a) Materials: means any information, data, documents or other materials you or your Guests provide us or upload to the Platform from time to time, and may include Third Party Account details and usernames and passwords for Third Party Websites.
(b) Platform: means the website located at myprosperity.com.au and any other application distribution platform (including mobile applications) through which we provide the financial information management services (including providing access to and information about third party financial products and services, budgeting and other financial management tools, collating and storing financial information and other Materials provided by you, facilitating communication between you and third parties, and acting as your agent to consolidate and access Third Party Accounts and other information held by third parties for the purposes of displaying Third Party Account details on the Platform, facilitating communication between you and third parties and otherwise managing your financial information).
(c) Referring Provider: means a with whom we have a contractual arrangement to offer access to the Platform for its clients and who pays the Subscription Fee (or other agreed fee) on your behalf enabling you to open a User Account and access the Platform.
(d) Subscription Fee: means the subscription fee payable in respect of the applicable User Account type, as specified on the Platform from time to time.
(e) Third Party Accounts: means bank accounts, financial accounts, loan accounts and any other accounts or facilities in your name provided and operated by a third party of which you are a customer and which you choose to access through the Platform via a link to the Third Party Website.
(f) Third Party Website: means any website or other application distribution platform (including mobile applications) operated by a third party, including such websites linked to or referred to by the Platform.
(g) User Account: means the account which enables your access to and use of the Platform. The User Account type determines what functionality you are entitled to access as well as the Subscription Fees you will pay. You select your User Account type when registering as a user of the Platform and you may vary your User Account type from time to time.

Attachment 1: Yodlee Pass Through Terms

In this attachment references to “us” or “we” are a reference to myprosperity Aust Pty Ltd ACN 155 242 185 and Yodlee Inc. of 3600 Bridge Parkway, Suite 200, Redwood City, CA 94065 USA (Yodlee).
(a) Accurate information: You agree to provide true, accurate current and complete information about yourself and your accounts maintained at other web sites. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
(b) Proprietary Rights: You may only use the content delivered to you through the Platform and you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Platform technology, including but not limited to, any Java applets associated with the Platform.
(c) Content You Provide. You agree to licence to us, any information, data, passwords, materials or other content (collectively, “Content”) you provide to us (including where you upload Content to the Platform). We may use, modify, display, distribute, disclose to third party providers and create new material using such Content to provide the Platform to you. By submitting Content, you agree, or promise that you are permitted to do so by the owner, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
(d) Third Party Accounts. By using the Platform, you authorise us to view and access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited power of attorney and you hereby appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might do or could do in person. You understand and agree that the Platform is not endorsed or sponsored by any third party account providers accessible through the Platform.
(e) Agency relationship: You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
(f) Disclaimer of warranties: You expressly understand and agree that, to the extent permitted by law:
(i) your use of the Platform and all information, products and other content (including that of third parties) included in or accessible from the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis; and
(ii) we expressly disclaim all warranties of any kind as to the Platform and all information, products and other content (including that of third parties) included in or accessible from the Platform, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
(iii) we make no warranty that:
(A) the Platform will meet your requirements;
(B) the Platform will be uninterrupted, timely secure, or error-free;
(C) the results that may be obtained from the use of the Platform will be accurate or reliable;
(D) the quality of any products, Platform , information, or other material purchased or obtained by you through the Platform will meet your expectations; or
(E) any errors in the technology will be corrected.
(iv) any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Platform will create any warranty not expressly stated in these terms.
(g) Limitation of liability: You agree that, to the extent permitted by law, neither we nor any of our account providers or any of our affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:
(i) the use or the inability to use the service,
(ii) the cost of getting substitute goods and services,
(iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Platform,
(iv) unauthorized access to or alteration of your transmissions or data,
(v) statements or conduct of anyone on the Platform
(vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if we have been advised previously of the possibility of such damages, or
(vii) any other matter relating to the Platform.
(h) Indemnification: You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Platform, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(i) Third party beneficiary: You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.

   

User Terms & Conditions

Last update: 10 November 2023


 

This site is owned and operated by myprosperity Aust Pty Ltd ACN 155 242 185, an independent provider of property and financial management tools and platforms.

You have been given the opportunity to become a user of this site as a client of myprosperity, in accordance with the myprosperity terms and conditions.

The following terms and conditions (Terms), together with our privacy policy are the complete terms of a legal agreement between you and myprosperity Aust Pty Ltd ACN 155 242 185 (us or we) in relation to your access to and use of the Platform. By using the Platform you agree to be bound by these Terms. If you do not agree to these Terms or cannot comply with them, you must not use this Platform

We may make modifications to the Platform and these Terms from time to time. You should visit the Website regularly to keep up to date with any alterations. If we make a material change, we will inform you. If the changes have a material detrimental effect on your use of the Platform, you may cancel your User Account in accordance with section 7(a).

If you have any questions or need clarification on any issue please email us at support@myprosperity.com.au.

1. Registration of User Account

(a) You must register a User Account to access and use the Platform. You can do this by registering a User Account on our website.
(b) We reserve the right to refuse an application for registration of a User Account by any person for any reason at our discretion. We will refund any Subscription Fee you paid if we refuse the application to register the User Account.
(c) You must provide us with certain personal information (which may include your name, address, telephone number, credit card details and debit card details) and your current email address in order to register or apply for a User Account, upload Materials to our database and access and use the Platform. We may use your notified email address to contact you or send you notifications, tax invoices, alerts and other communications from time to time. You acknowledge that we may be unable to provide you with the Platform or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address.
(d) User Accounts are only available to persons who are at least eighteen years of age or otherwise have the permission of an adult. You must not apply for or register a User Account or use the Platform if you are under the age of eighteen unless you have the permission of an appropriate adult. By applying for a User Account you warrant that you are at least eighteen years of age or otherwise have the permission of an appropriate adult. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering a User Account or using the Platform. We will confirm the registration of your User Account in our sole discretion.

2. User Accounts acquired via a Referring Provider

(a) If you acquired a User Account via a Referring Provider:
(i) your access to the Platform is subject to our relationship with your Referring Provider and will only continue while the arrangement between us and your Referring Provider continues;
(ii) your Referring Provider may upload materials to your User Account and will have full access (including editing capability) to all Materials you upload to the Platform. Your Referring Provider will also have full access to any Materials they upload to the Platform on your behalf;
(iii) you may limit or block access by your Referring Provider by changing the guest access permissions in your User Account.
(b) We are not responsible for any access to or use of your Materials by the Referring Provider.
(c) If our relationship with your Referring Provider ends for any reason, we may offer you an opportunity to continue your access to the Platform and Materials under a direct arrangement with us.
(d) If you are a Referring Provider, you warrant that the holder of the applicable User Account consents to your access to their Materials.

3. Your responsibilities

3.1 Usernames and Passwords

(a) Your User Account is accessed via a unique username and password combination that you will set up in accordance with our registration process. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so.
(b) You may create additional passwords to permit others authorised by you (Guests) to access your User Account (Additional Passwords). Unless you select access permissions on the Platform, Guest will have full access to your User Account and all your Materials and you will have full access to any Materials uploaded by the Guest.
(c) You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your passwords and are solely responsible for all use of your password and your Additional Passwords and for the actions of any person for whom you have created an Additional Password and are solely liable for. You indemnify us for any loss that we suffer as a result of:
(i) you disclosing your password or an Additional Password to a third party;
(ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password or an Additional Password;
(iii) any person’s access to or use of your password or an Additional Password; or
(iv) access to or use of your Materials by a Referring Provider, except to the extent that such events occurred as a result of our breach of these Terms, negligence or other wrongful act or omission.
(d) You must notify us immediately by email if you have any reason to believe that your password or an Additional Password has become known to anyone else without your authorisation, or if your password or an Additional Password is being, or is likely to be, used in an unauthorised manner. In such a case, we will cancel the relevant password and send you a new one by email within a reasonable time of being notified. You may change any new password allocated by us by updating your User Account settings after you have logged into the Platform.

3.2 Use of the Platform

(a) We reserve the right to limit the volume of Materials you may upload to the Platform and the volume of transactions you conduct on the Platform at any time.
(b) You agree to comply with all applicable laws applicable to your use of the Platform.
(c) Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, including, but not limited to, by uploading or transmitting through the Platform any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Platform or any computer.
(d) You must not post on the Platform any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. We may block and/or delete from the Platform any material posted to the Platform that we consider to be abusive, defamatory, obscene, contrary to law or to the rights of any party.
(e) You must not impersonate or misappropriate the identity of another person.
(f) You must use the Platform for personal and non-commercial purposes only. You must not attempt to use the Platform or any of its content to solicit others to participate in any organisation or commercial on-line service.
(g) Use of the Platform in contravention of these Terms may result in you being banned from the Platform and being liable to us for breach of contract and/or infringing applicable law. We adopt commercially reasonable efforts to protect and preserve the Materials but we are not responsible for any loss of or damage to the Materials, so you should retain your own backup copies of all Materials you upload to the Platform.

3.3 Technical requirements

The Platform may only be available on compatible devices which meet specific system or software requirements specified on the Platform from time to time. We do not warrant or guarantee that access to or use of the Platform will be available on all devices and you are solely responsible for ensuring that any device you use meets the system, software or other requirements specified on the Platform from time to time.

4. Subscription Fees

(a) In the event the Referring Provider requires you to pay us directly, you must pay the Subscription Fees when you apply to register your User Account and before the expiry of each monthly period during the term of these Terms. If you do not pay the Subscription Fees when they are due, we may suspend your access to the Platform until the Subscription Fees are paid.
(b) Subscription Fees and all other fees, charges and prices are stated on the Platform in Australian dollars and are inclusive of applicable taxes. In the event the Referring Provider requires you to pay us directly, you are responsible for paying all fees and taxes (including any goods and services or similar value added taxes) in respect of your User Account and we reserve the right to charge you such applicable taxes. In these Terms, a reference to payment of Subscription Fees includes payment by a Referring Provider, where applicable.
(c) We may change Subscription Fees or add other fees from time to time to reflect any modifications we make to the Platform or otherwise in accordance with our legitimate business interests by sending a notification of the change to your last notified email address at least 30 calendar days before the changes come into effect, unless the Referring Provider is paying Subscription Fees on your behalf in which case we will notify the Referring Provider. If you do not agree to pay the new fees, you may terminate these Terms in accordance with section 7(a).

5. Payment

(a) Subscription Fees must be paid through the Platform via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe).
(b) All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment, the payment will not be processed.
(c) All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe, and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe.
(d) To the extent legally permitted, we are not liable to anyone for any loss that is connected to, related to or arises from any payment transaction you enter into with Stripe.

6. Changing subscriptions

The features that you are entitled to access are determined by your User Account type. If you want to change your User Account type, you will need to contact us.

7. Cancellations and suspensions

(a) You may cancel your User Account at any time by giving us 30 calendar days’ notice by email.
(b) You can also cancel your User Account immediately by providing us notice if we breach these Terms and the breach is not remedied within 30 calendar days of your notice to us requiring us to remedy the breach or the breach is not capable of being remedied.
(c) We may cancel or suspend your User Account at any time immediately by providing you notice if you breach these Terms and the breach is not remedied within 30 calendar days of notice to you requiring you to remedy the breach or the breach is not capable of being remedied. We may also cancel your User Account if our relationship with your Referring Provider ends or we believe that you are using the Platform in a manner that is unsafe or harmful.
(d) Upon expiry or cancellation of these Terms or your User Account or cessation of operation of the Platform, we will:
(i) immediately cease providing you with the Platform;
(ii) subject to clause 8 (retention of your information), stop your access to your Materials through the Platform;
(iii) subject to clause 8 (retention of your information), at your request, delete all personal information you have provided to us or uploaded to our database for access via the Platform, but we may retain and use at our discretion any information that you have provided to us that is not personal information.
(e) You are not entitled to a refund and any outstanding Subscription Fees and other fees become immediately due and payable upon cancellation if:
(i) you cancel your User Account for any reason other than a breach by us; or
(ii) we cancel your User Account as a result of you breaching these Terms (including our privacy policy).
(f) We will refund any Subscription Fees you have paid on a pro rata basis within a reasonable time of cancellation in respect of the period after cancellation, if we cancel your User Account other than for cause. If the Subscription Fees were paid by a Referring Provider, the refund will be provided to the Referring Provider.

8. Retention of your information

You will have access to the Platform for 14 calendar days after your User Account expires or is cancelled for any reason, to download a copy of the Materials. On the expiry of the 14 calendar day period, we may delete or destroy your Materials. You are solely responsible for complying with accounting, tax and other applicable laws including relating to data retention.

9. Intellectual property

(a) The Platform and all material and content displayed on the Platform, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright and other intellectual property rights owned by us, and brands, names, images and logos displayed on the Platform may be the subject of our registered trade marks.
(b) You may access, display, download and print portions of the Platform only for your own private non-commercial use and to access services via the Platform. This permission is subject to you not modifying the content displayed on the Platform, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Platform. Unless allowed by law, any other use of material on the Platform, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of its content is strictly prohibited.
(c) All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe, and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe.
(d) Except as expressly stated in these Terms, we do not grant you any rights in respect of our intellectual property. Nothing in these terms is intended to affect our ownership of our intellectual property rights.

10. Your Materials

(a) You must not upload to our database any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with our procedures and policies in respect of uploading information and Materials as specified on the Platform from time to time.
(b) You warrant that you own all copyright in your Materials, or otherwise have the right to upload your Materials to our database, reproduce your Materials and permit us to reproduce your Materials.
(c) Solely to enable us to provide the Platform to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.

11. ISP charges

Your internet service provider may impose a connection or data charge for all Materials uploaded to or downloaded from the Platform. You are responsible for informing yourself about and paying any applicable connection or data charges.

12. Notifications

(a) We may send automatically generated updates, alerts, reminders or other notifications (together, Notifications) to your last notified email address. You can change your preferences for Notifications at any time.
(b) You acknowledge that Notifications may include your User Account username and information regarding your financial affairs or accounts (such as due dates and outstanding balances), and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, you must not elect to receive Notifications.

13. Third party providers

(a) We engage third party providers from time to time to enable us to provide the Platform and services to you.
(b) By accepting these Terms, you are also accepting the policies and terms set out in the table in paragraph (c) below. You should ensure that you have read and understood these policies and terms and that you keep up to date with any changes to such policies and terms.
(c) We currently engage the following third party providers:

Third party provider Services
Yodlee Inc. of 3600 Bridge Parkway, Suite 200, Redwood City, CA 94065 USA (Yodlee) Yodlee provides us with the resources necessary for us to access Third Party Websites and Third Party Accounts on your behalf.

You acknowledge and agree that by accepting these Terms, you are also accepting that the use of your Materials by Yodlee is subject to Yodlee’s own privacy policies and terms (available at https://www.yodlee.com/oceania/legal/privacy-notice) and that we are not responsible for such use by Yodlee.
OneSpan Inc. (formerly VASCO Data Security International, Inc.) of 121 West Wacker, Suite 2050, Chicago, Illinois 60601 USA (OneSpan) If your User Account type and subscription include the Digital Signature Functionality, that functionality is currently provided by OneSpan Inc, via a link from the Platform to the website operated by OneSpan Inc. at https://www.onespan.com

By accepting these Terms, you are also accepting the OneSpan terms and conditions (available at https://www.onespan.com/terms-and-conditions).
Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) All payments by you pursuant to these Terms are processed using the payment gateway provided by Stripe.

By accepting these Terms, you are also accepting the terms and conditions of the Stripe services agreement (available at https://stripe.com/au/ssa).
RP Data Pty Ltd trading as CoreLogic Asia Pacific (ABN 67 087 759 171) (Core Logic) Core Logic provides property related data which are made available through the Platform from information gathered from a variety of sources. Whilst all care is taken in providing the data, we and Core Logic cannot guarantee or make any representations regarding the use of, or reliance, on such data and you should not rely on the data without making your own independent assessment of the property and other sources of information.

We may block access to, cease providing access to or cease making available property related data through the Platform (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 calendar days before the change comes into effect.
Automotive Data Services Pty Ltd ACN 001 680 593 (Red Book) Red Book prepares vehicle related data made available through the Platform from information gathered from a variety of sources. Whilst all care is taken in producing the data, we and Red Book cannot guarantee or make any representations regarding the use of, or reliance, on such data and you should not rely on the data without making your own independent assessment of the vehicle and other sources of information.

We may block access to, cease providing access to or cease making available vehicle related data through the Platform (including by varying the terms and features of each User Account) at any time by sending you a notification to your last notified email address at least 30 calendar days before the change comes into effect.

(d) Our privacy policy also contains details of other third party software we use in relation to the Platform and the services we offer including the Intercom, Heap and Survicate software.
(e) We may receive referral fees from or pay referral fees to third party product and service providers:
(i) which are linked or referred to on the Platform;
(ii) which are referred to you by us in the course of providing the Platform;
(iii) which refer you to us or the Platform; or
(iv) with which you choose to transact as a result of your use of the Platform.

14. Access to Third Party Accounts

We currently engage Yodlee, to provide us with the resources necessary for us to access Third Party Websites and Third Party Accounts on your behalf. By entering into this Agreement, you agree to comply with the Pass Through Terms set out in Attachment 1.

15. Third Party Material on the Platform

(a) The Platform may display links to Third Party Websites or material sourced from a third party (including a service supplier or consumer) (Third Party Material). Third Party Material includes recommendations to Third Party Websites or information that is derived from Materials that you provide.
(b) We are not responsible for any of the Third Party Material and we do not make any representations about the accuracy or utility of the Third Party Material. If you use the Third Party Material, you do so at your own risk.

16. The Platform

16.1 Information on the Platform

(a) Information on the Platform may change from time to time and the information may contain technical inaccuracies or typographical errors. While we use reasonable efforts to ensure that the information on the Platform is correct, current, or complete, we cannot guarantee this will always be the case. Accordingly, you should independently confirm the accuracy and completeness of all posted information and Materials before using the Platform or making any decision related to any products or services described on or referred to by the Platform.
(b) You acknowledge and agree that the effectiveness of the Platform may depend on the accuracy and completeness of information provided by you and of the Materials you upload to the Platform.

16.2 Functions of the Platform

The Platform may provide various functions, resources and financial management tools (including calculators) from time to time (Management Tools). Such Management Tools rely on data provided by you, third party providers and Third Party Websites and make assumptions based on such data to generate information and results. The information and results generated by such Management Tools are estimates only based on available data and are not guaranteed or warranted to be accurate, reliable, use appropriate assumptions, be fit for your particular purpose or otherwise suitable for your use. The Management Tools are provided for information purposes only and should not be relied on as a substitute for professional advice.

16.3 No advice

We are not a financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Platform is provided solely to assist you to manage your financial and other information and to communicate with third parties and we are not providing financial, accounting, investment, legal, tax or other advice. You should consider obtaining professional financial, accounting, investment, legal, tax and other applicable advice suitable to your particular circumstances before deciding to obtain products or services from any third party.

17. Data protection

17.1 Privacy

Your privacy is important to us. Information about the collection and use of your personal information is contained in our privacy policy. By accessing, browsing or using the Platform, or by supplying any information to us you acknowledge that you have read, understood, and agree with the terms of our privacy policy (available at https://www.myprosperity.com.au/privacy-policy-2/).

17.2 Security of electronic communications

You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the internet. Accordingly, we do not promise that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Platform (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Platform (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.

17.3 Viruses

You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information as you deem appropriate.

18. Disclaimer of warranty

(a) Use of this Platform is at your sole risk.
(b) To the extent permitted by law, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.
(c) Without limitation, we do not represent or warrant that the functions within the Platform will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Platform or the server/s that makes the Platform available is free of viruses or other harmful elements.
(d) To the extent permitted by law, you agree that in using the Platform you have not relied on any statement or representation we make which is not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
(e) If an applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, we limit our liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our discretion.

19. Limitation of liability

(a) To the extent permitted by law, in no event will we be liable for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from these Terms, including, any lost profits, business interruption, lost savings or loss of programs or other data. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.
(b) To the extent that the above exclusion of liability in paragraph (a) is unenforceable, invalid or ineffective for any reason, our maximum aggregate liability in each calendar year for all losses, damages and other amounts under any cause of action referred to in paragraph (a) above is limited to the amounts received by us from you under these Terms in the preceding calendar year, or if that amount is $0, then AUD$50.00.
(c) The exclusion of our liability under paragraph (a) and (b) does not apply in respect of loss which arises from our gross negligence, wilful misconduct or fraud.

20. Indemnity

(a) Each party (the Indemnifying Party) must indemnify the other party, its officers, employees, agents and contractors (the Indemnified Party) against all liabilities, damages, costs or expenses that the Indemnified Party may sustain or incur as a result, whether directly or indirectly, of a breach of law.
(b) You indemnify us, our officers, employees, agents and contractors against all liabilities, damages, costs or expenses that we sustain or incur as a result, whether directly or indirectly of:
(i) any fraudulent act or omission by you; and
(ii) any misuse of your account other than to the extent that misuse was caused by us, our officers, employees, agents and contractors.
(c) The indemnity under paragraph (b) does not apply to the extent that the liability, damage, cost or expense arises from our gross negligence, wilful misconduct or fraud.

21. Notifying us

To notify us, please email us at support@myprosperity.com.au

22. Personal and Non Commercial Use Only

(a) Data and valuations on the Platform are provided for your personal and non-commercial use only.
(b) You are not allowed to:
(i) use anything on the Platform to create a similar platform;
(ii) use any automated process to query, access or copy any data and valuations on the Platform; or
(iii) otherwise transfer or sell any of the data or valuations on the Platform.

23. Severance

If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.

24. Waiver

No failures to exercise and no delay in exercising any right or privilege under these Terms operates as a waiver thereof. A waiver for any breach of these Terms will not be deemed to be a waiver of any subsequent breach of that or any other provision.

25. Entire agreement

(a) Nothing in these Terms limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
(b) Subject to paragraph (a), these Terms contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

26. Force Majeure

Neither party will be responsible in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond its control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Platform, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.

27. Assignment

This Agreement is personal to you and in order for us to assess and verify prospective users of the Platform, you cannot assign it without our prior written consent, which will not be unreasonably withheld taking into account our legitimate business interests.
We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion, acting reasonably and taking into account our legitimate business interests.

28. Relationship

Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

29. Applicable law

These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.

30. Definitions

For the purposes of these Terms:
(a) Materials: means any information, data, documents or other materials you or your Guests provide us or upload to the Platform from time to time, and may include Third Party Account details and usernames and passwords for Third Party Websites.
(b) Platform: means the website located at myprosperity.com.au and any other application distribution platform (including mobile applications) through which we provide the financial information management services (including providing access to and information about third party financial products and services, budgeting and other financial management tools, collating and storing financial information and other Materials provided by you, facilitating communication between you and third parties, and acting as your agent to consolidate and access Third Party Accounts and other information held by third parties for the purposes of displaying Third Party Account details on the Platform, facilitating communication between you and third parties and otherwise managing your financial information).
(c) Referring Provider: means a with whom we have a contractual arrangement to offer access to the Platform for its clients and who pays the Subscription Fee (or other agreed fee) on your behalf enabling you to open a User Account and access the Platform.
(d) Subscription Fee: means the subscription fee payable in respect of the applicable User Account type, as specified on the Platform from time to time.
(e) Third Party Accounts: means bank accounts, financial accounts, loan accounts and any other accounts or facilities in your name provided and operated by a third party of which you are a customer and which you choose to access through the Platform via a link to the Third Party Website.
(f) Third Party Website: means any website or other application distribution platform (including mobile applications) operated by a third party, including such websites linked to or referred to by the Platform.
(g) User Account: means the account which enables your access to and use of the Platform. The User Account type determines what functionality you are entitled to access as well as the Subscription Fees you will pay. You select your User Account type when registering as a user of the Platform and you may vary your User Account type from time to time.

Attachment 1: Yodlee Pass Through Terms

In this attachment references to “us” or “we” are a reference to myprosperity Aust Pty Ltd ACN 155 242 185 and Yodlee Inc. of 3600 Bridge Parkway, Suite 200, Redwood City, CA 94065 USA (Yodlee).
(a) Accurate information: You agree to provide true, accurate current and complete information about yourself and your accounts maintained at other web sites. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
(b) Proprietary Rights: You may only use the content delivered to you through the Platform and you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Platform technology, including but not limited to, any Java applets associated with the Platform.
(c) Content You Provide. You agree to licence to us, any information, data, passwords, materials or other content (collectively, “Content”) you provide to us (including where you upload Content to the Platform). We may use, modify, display, distribute, disclose to third party providers and create new material using such Content to provide the Platform to you. By submitting Content, you agree, or promise that you are permitted to do so by the owner, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
(d) Third Party Accounts. By using the Platform, you authorise us to view and access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited power of attorney and you hereby appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might do or could do in person. You understand and agree that the Platform is not endorsed or sponsored by any third party account providers accessible through the Platform.
(e) Agency relationship: You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
(f) Disclaimer of warranties: You expressly understand and agree that, to the extent permitted by law:
(i) your use of the Platform and all information, products and other content (including that of third parties) included in or accessible from the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis; and
(ii) we expressly disclaim all warranties of any kind as to the Platform and all information, products and other content (including that of third parties) included in or accessible from the Platform, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
(iii) we make no warranty that:
(A) the Platform will meet your requirements;
(B) the Platform will be uninterrupted, timely secure, or error-free;
(C) the results that may be obtained from the use of the Platform will be accurate or reliable;
(D) the quality of any products, Platform , information, or other material purchased or obtained by you through the Platform will meet your expectations; or
(E) any errors in the technology will be corrected.
(iv) any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Platform will create any warranty not expressly stated in these terms.
(g) Limitation of liability: You agree that, to the extent permitted by law, neither we nor any of our account providers or any of our affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:
(i) the use or the inability to use the service,
(ii) the cost of getting substitute goods and services,
(iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Platform,
(iv) unauthorized access to or alteration of your transmissions or data,
(v) statements or conduct of anyone on the Platform
(vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if we have been advised previously of the possibility of such damages, or
(vii) any other matter relating to the Platform.
(h) Indemnification: You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Platform, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(i) Third party beneficiary: You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.