Terms of Use

Terms and Eligibility

• You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Budget Feeder in the user interface.
• By accepting the Terms, you also accept the Illion End User Terms and Conditions available at https://bankstatements.com.au/about/terms
• To be eligible to use our Services you must be 18 years of age or older.
• You agree to Budget Feeder and Illion accessing third party sites designated by you, to retrieve information requested by you. By connecting your Bank Account in Budget Feeder you hereby authorise and permit Budget Feeder and Illion to use information submitted by you, such as account passwords and users names, to configure your Bank Feed. You hereby grant Budget Feeder and Illion a limited power of attorney with full power of substitution and re-substitution, for you and in your name, place and position, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act required to collect bank data, as though you were in person. You agree that when Budget Feeder or Illion are accessing and retrieving information from third party sites, Budget Feeder and Illion are acting as your agent, and not the agent or on behalf of the third party. You agree that Budget Feeder and Illion’s third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you.

Subscription to use the Services

• In order to access the Services, you may first register for an Account through the Website.
• Once you have registered, you may purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
• In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
• As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Name (b) Email address (c) Password
• You warrant that any information you give to Budget Feeder in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
• You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Budget Feeder; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 

Your obligations as a Member

As a Member, you agree to comply with the following: (a) you will use the Services only for purposes that are permitted by: i. the Terms; and ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Budget Feeder of any unauthorised use of your password or email address or any breach of security of which you have become aware; (d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Budget Feeder providing the Services; (e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Budget Feeder; (f) you will not use the Services or Website for any illegal and/or unauthorised use (g) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Payment

• Where the option is given to you, you may make payment of the Subscription Fee by way of: (a) Credit Card Payment ('Credit Card')
• You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
• You agree and acknowledge that Budget Feeder can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

Refunds

Budget Feeder will provide you with a refund of the Subscription Fee only in the event they are unable to continue to provide the Services or if the manager of Budget Feeder makes a decision, at their absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

Copyright and Intellectual Property

• The Website, the Services and all of the related products of Budget Feeder are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Budget Feeder or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by Budget Feeder, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and
• Budget Feeder does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Budget Feeder.
• Budget Feeder retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

Privacy

Budget Feeder takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Budget Feeder's Privacy Policy, which is available on the Website at https://www.budgetfeeder.com/privacy

General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) Budget Feeder will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Budget Feeder make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Budget Feeder) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of Budget Feeder; and (d) the Services or operation in respect to links which are provided for your convenience. 

Limitation of liability

• Budget Feeder's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that Budget Feeder, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

• The Terms will continue to apply until terminated by either you or by Budget Feeder as set out below.
• If you want to terminate the Terms, you may do so by: (a) Cancelling your subscription using the self-service billing portal from your Account dashboard. (b) Cancellation takes place at the end of your current billing period. No refunds are available upon cancellation.
• Budget Feeder may at any time, terminate the Terms with you: (a) if you have breached any provision of the Terms or intend to breach any provision; (b) if Budget Feeder is required to do so by law; (c) if the provision of the Services to you by Budget Feeder is, in the opinion of Budget Feeder, no longer commercially viable. (d) at its sole discretion, at any time, without prior notice.
• Subject to local applicable laws, Budget Feeder reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Budget Feeder's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Budget Feeder, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website, using the Services, or attempts to do so; and/or (c) any breach of the Terms. 

Dispute Resolution

• Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
• Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
• Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: (a). Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b). If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; (c). The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d). The mediation will be held in QLD, Australia.

Venue and Jurisdiction

The Services offered by Budget Feeder are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.