Finstro Website, Web Portals & Finstro Mobile App – Terms of Use
1. About our Terms of Use
1.1 These website and mobile application terms of use (Terms of Use) govern your use of the Finstro website, Finstro web portals and Finstro mobile applications (“the System”), which is owned and operated on behalf of Finstro Holdings Pty Ltd ACN 605 121 364 and its related bodies corporate (“we”, “us” and “our") and form a binding agreement between you, the user of the System and us.
1.2 For that reason these Terms of Use are important and you should ensure that you read them carefully and contact us with any questions before you use the System.
1.3 These Terms of Use explain our obligations as a service provider and your obligations as a customer, including users on a free trial basis. The Terms of Use govern any use of our service and apply to you from the time you have access to the service, including if you are a user on a free trial basis. By using the System you acknowledge and agree that you have had sufficient chance to read and understand the Terms of Use and you agree to be bound by them. If you do not agree to the Terms of Use, please do not use the System.
1.4 We are committed to protecting your privacy. This policy explains how your personal information will be treated as you access and interact with the System. For further information on how we deal with your personal information, please refer to our Privacy Policy.
1.5 Our Terms of Use may change from time to time. It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms of Use available on our System. By accessing, viewing or otherwise using the System, you agree to be subject to these Terms of Use, as amended from time to time.
2. Collection and Use of information
2.1 We may collect personal information from you directly or via your use of our services (including your use of the System).
We will only collect personal information which is reasonably necessary for, or directly related to, our functions or activities.
3. Use of the System
3.1 Finstro grants you the right to access and use the System according to your subscription type. This right is non-exclusive, worldwide, non-transferable, and limited by and subject to these Terms of Use.
3.2 You may access and use the System (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the System for your own personal, non-commercial use.
3.3 You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the System, into disrepute; or
- that infringes the intellectual property or other rights of any person.
3.4 The System contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
3.5 You acknowledge and agree that:
- we retain complete editorial control over the System and may alter, amend or cease the operation of the System at any time in our sole discretion; and
- the System will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
4. Intellectual Property Rights
4.1 Nothing in these Terms of Use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the System.
4.2 By posting or adding any content onto the System, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms of Use.
4.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.4 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section of the Terms of Use.
5. Functionality of the System
The System has the following functions:
5.1 The System is a cash management tool which allows subscribers (including if you are on a free trial) to synchronize with your cloud-based accounting software for cashflow analysis with payment reminders, collection services, automated payments, and customer credit alerts.
5.2 The System allows credit checks and searches to be conducted on customers and suppliers. Subscribers to the System will be informed of the relevant charges when conducting such searches.
5.3 The System allows users to access Finstro’s credit and payment products (subject to separate terms and conditions) through its System.
6. Compatibility and Data Synchronization with other software
6.1 The System has the ability to synchronize between your cloud-based accounting software and the System in order to view real-time business intelligence.
6.2 Any sales, purchases and cash balance data appearing in the System is a result of the synchronization process between the subscribers of the cloud-based accounting software and the System. We are not responsible for any acts or omissions or any other matter relating to your use of cloud-based accounting software.
7. Subscription fee
7.1 We may charge you a monthly subscription fee for accessing and using the System.
7.2 If you fail to pay the monthly subscription fee associated with your use of the System as and when due, we may cancel your access to the System from the date that is the last day of the calendar month after the calendar month in which the monthly fee is due to be paid.
8. Warranties
8.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms of Use; and
(b) you have abided by the Terms of Use relating to your use of the System
9. Sensitive information
9.1 Sensitive information is any information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information.
9.2 We will not ask you to disclose sensitive information, but if you elect to provide sensitive information it will also be captured and stored.
10. Access Conditions
10.1 You must ensure that all usernames and passwords required to access the System are kept secure and confidential. You must immediately inform us of any unauthorized access or breach of security along with taking all reasonable actions to maintain or enhance the security of our services.
10.2 As a condition of these terms, when using the System you must:
(a) not attempt to interfere with the operational integrity of the System or overload the system;
(b) not use, or misuse, the System in any way which may disrupt the functionality of the website, or other systems used to deliver the service;
(c) not attempt to gain unauthorised access to any materials other than those which you have been given express permission to access;
(d) not transmit, or enter into the System, any files, whether synchronised from your cloud-based accounting software or through manual inputs, that may damage any other person’s computing devices, content that may be offensive or exploit sensitive information, or material or data in contravention of any law; and
(e) not attempt to modify, reproduce, adapt or decompile any computer programs used to support or operate the System except as is necessary to use either of them for normal operation.
11. Indemnity
11.1 You indemnify us against any liability, loss, claims, costs and expenses suffered or incurred by us arising from your negligence, misrepresentation, fraud, breach of law or breach of these terms except where such loss arises from a mistake, fraud, negligence or wilful misconduct by us, our employees, our agent or a receiver.
12. Information from third parties
12.1 Our website also contains links to the websites of third party providers of goods and services (Third Party websites). If you have accessed Third Party websites through our website and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.
12.2 Where you access a Third Party website from our website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.
13. Advertising and tracking
13.1 When you view our advertisements on a Third Party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:
(a) the server your computer is logged onto;
(b) your browser type;
(c) the date and time of your visit; and
(d) the performance of their marketing efforts.
13.2 When you access our website after viewing one of our advertisements on a Third Party website, the advertising company collects information on how you utilise our website (eg which pages you view) and whether you complete an online application.
14. Cookies
14.1 We use ‘cookies’ to provide you with better and more customised service and with a more effective website.
14.2 A ‘cookie’ is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.
14.3 When you view our advertisements on a Third Party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:
(a) the server your computer is logged onto;
(b) your browser type;
(c) the date and time of your visit; and
(d) the performance of their marketing efforts.
14.4 When you access our website after viewing one of our advertisements on a Third Party website, the advertising company collects information on how you utilise our website (eg which pages you view) and whether you complete an online application.
15. IP addresses
15.1 Your IP address is the identifier for your computer, mobile or other internet-connected devices when you are using the internet.
15.2 It may be necessary for us to collect your IP address for your interaction with various parts of the System.
16. Online applications
16.1 When you send a completed online application to us, we retain the information contained in that application. We are able to then use that information to provide any financial services that you require.
16.2 You can also suspend and save online applications, so you can complete and send the applications at a later time. If you suspend or save your application, the information that you have entered will be retained in our systems so that you may recover the information when you resume your application. Online applications that have been suspended or saved may be viewed by us.
17. Security of information
17.1 The security of your information is very important to us.
17.2 We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed as totally secure.
17.3 We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.
17.4 We take reasonable steps to preserve the security of cookie and personal information in accordance with this policy and our Privacy Policy. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).
18. Direct marketing
18.1 We will not use or disclose sensitive information about you for direct marketing purposes unless you have consented to that kind of use or disclosure.
18.2 We may use your personal information for direct marketing purposes. If you do not wish to receive direct marketing communications from us or from other organisations, or wish to know the source of the information being used, you may submit a request to support@finstro.com.au or phone +61 2 8311 8061.
18.3 We will respond to your request as soon as practicable.
19. Disclosure to overseas entities
19.1 We do not generally disclose personal information obtained from cookies to overseas entities in the course of our activities.
19.2 Please contact us via email support@finstro.com.au or phone +61 2 8311 8061 if you would like further information.
20. Availability and accuracy of the information and the System
20.1 We will do everything possible to ensure that the System is always available to you. However, we do not warrant that the System will operate at any time, and the System may be temporarily unavailable (for example, when we are conducting maintenance on the System). You should promptly advise us of any faults or unavailability.
20.2 We may from time to time and without notice to you:
(a) place limits on the nature of transactions that can be made and the information that can be obtained using the System; or
(b) change the software, system or equipment required to access the System. It is your responsibility to supply and maintain any software or equipment (such as a personal computer, internet browser, modem or touch-tone telephone) that may be necessary for you to access the System.
20.3 Acting reasonably, we may change, suspend, cancel or deny access to the System at any time without prior notice to you.
21. Termination
21.1 Despite any other provision of the Terms of Use, these Terms of Use terminate automatically if, for any reason, we cease to operate the System.
21.2 We may otherwise terminate these Terms of Use immediately, on notice to you, if you have breached these Terms of Use in any way.
22. Disclaimer
22.1 Subject to any rights or warranties which cannot be excluded by reason of any law, including the Competition and Consumer Act 2010 (Cth) or similar state or territory legislation, we make no representation or warranty with respect to the use of the System and accept no liability for any loss or damage whether direct, indirect or consequential arising out of access, use (or inability to use or access in whole or in part) or reliance upon, any information or services contained on or accessed through the System (including information contained in sites linked to the Finstro website).
22.2 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
22.3 To the fullest extent permitted by law, where the law prohibits any part of this disclaimer, our liability is limited to re-supply of any information or services or the cost of re-supply of information or services. Use of any product and services accessible through the System is subject to the terms and conditions governing the use of those products and services.
23. Governing Law
23.1 You agree that your use of the System will be governed by all applicable laws of New South Wales, or where applicable, Australia.
24. General
24.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms of Use.
24.2 If a provision of these Terms of Use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
24.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms of Use and the events contemplated by it.
