Please read these terms and conditions. They apply to your use of the Your Spending service made available through the app, mobile device or website (if applicable). In these terms any references to “us”, “we” or “our” or “Your Spending” means Marc Jarman trading as Your Spending and any of its subsidiaries or business partners. Your access and use of the service is subject to these terms.
Any information provided to you by us is general information only which does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information. Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances.
From time to time, we may modify or enhance the service. We will provide you with reasonable notice of these changes if they have a significant effect on your usage of the service.
Although we attempt to provide accurate, complete and up-to-date information, and to the extent permitted by law we make no representations and give no warranties (express or implied) that the information is free from errors, omissions or other inaccuracies or is up-to-date.
None of Your Spending or any of its related entities, accepts any liability for any reliance of any person on information contained in the service or guarantees the performance of any particular financial product referred to in the service. In the service any currency references are references to Australian dollars unless otherwise specified.
Limitation of liability
Subject to any warranties implied by law which cannot be excluded by agreement, all warranties with respect to the services are hereby expressly excluded. Your Spending accepts liability for the provision of its services, but no other liability whether arising by reference to the provisions of this Agreement, implied terms, tort or otherwise howsoever.
If circumstances arise where you are entitled to claim damages from Your Spending notwithstanding the provisions of this Agreement, Your Spending’s liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from Your Spending including, without limitation, negligence) is limited to the lesser of the amount of any actual loss or damage which you sustain or the fees received by Your Spending.
You acknowledge that you have relied upon your own skill and judgement in determining the appropriateness of the services provided by Your Spending for your own particular purposes and you have not relied on any statement or representation made by Your Spending or on Your Spending’s behalf.
If any warranty or condition is implied by relevant legislation which may not be excluded then Your Spending’s liability for any breach of such an implied warranty is limited solely to the resupply of the relevant service or payment to you of the cost of having the service provided again (at Your Spending’s option).
In no event will Your Spending be liable for any consequential damages (including without limitation loss of or damage to data, loss of profits, loss of savings and loss of revenue) even if Your Spending has been advised of the possibility of such damages.
Scanning and Storing of Records
You authorise Your Spending to scan, store and hold in electronic file all copies of information, documents and correspondence received by Your Spending from you from time to time. You acknowledge that Your Spending does not retain original documentation.
Intellectual property rights
All content in the service is protected by intellectual property rights (copyrights, trademarks or other rights and laws). Your Spending, or its related entities, owns or licenses all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via the service (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained in the service in any form without the prior written consent of Your Spending.
Variation of terms
Your Spending reserves the right to vary the terms of the Your Spending Terms of Service Agreement from time to time. Your Spending will give you thirty days’ notice in writing of such changes which could include (but are not limited to) changes in fees and charges. The changes will come into effect thirty days after written notice has been sent to your email address.
If you do not agree to the variations set out in the notice, you can terminate this Agreement without penalty by cancelling your account. The Agreement will be terminated on the date of receipt of your notice of termination. Any fees due and payable under this Agreement will remain due and payable but there will be no penalty payable in relation to the termination.