Terms & Conditions

Terms & Conditions

1.   Definitions

Account Holder
The individual or entity who subscribes to use the Services.

CASHFLOWNAV, We, Us
BUSINESSNAV (Aust) Pty Ltd ACN 629 874 773 and all related entities.

Invited User
Any person or entity, other than the Account Holder, that uses the Services from time to time, at the invitation of, and with the authorisation of, the Account Holder.

Services
The various services, including the financial management services and all associated services made available by us to you through CASHFLOWNAV software, websites and the mobile application (App) available at [Apple Store], [Google Play Store].

Subscription Fees
The
fees for the Services, as specified in the App, subject to variation pursuant to this agreement.

Subscription Period
Each period of Service a Subscription Fee is charged, as outlined in clause 5b.

Term
The term of this agreement is set out in clause 6a.

You, Your
Refers to all users of the Services, including the Account Holder and Invited Users, unless expressly specified otherwise.

2.   Our agreement

This agreement governs the use of the Services and is entered between CASHFLOWNAV and you. By creating an account, signing in to, or subscribing to or using the Services, you accept and agree to be bound by the terms of this agreement. If you do not want to be bound by this agreement, you should not create an account with CASHFLOWNAV or use the Services.

We encourage you to take the time to read this agreement carefully, it outlines your rights and responsibilities when using the Services and the conditions for us to allow access to the Services.

We recommend that you also review our Privacy Policy, which forms part of this agreement, at [INSERT LINK].

3.   No Advice

Content included in the App or provided by the Services is prepared as general information only. The content within the App and Services do not constitute financial advice or any other advice and should not be substituted for obtaining personal advice which takes into account individual, financial or other circumstances.

4.   Account Terms

  1. In return for payment of the Subscription Fees by the Account Holder, we agree to provide the Services to the Account Holder and Invited Users on the terms contained in this agreement.
  2. You must nominate an email address and password (together referred to as your “login”) to use the Services. Your login is used by you to access the App and the Services. CASHFLOWNAV is entitled to assume that all access to, and use of, the App and the Services using your login is accessed and used by you. As part of our security process we verify that you have access to the nominated email address.
  3. A login may only be used by one individual. A single login shared by multiple individuals is not permitted. The Account Holder may create separate logins for as many Invited Users as the Account Holder’s subscription plan allows.
  4. You are responsible for maintaining the security of your login details. CASHFLOWNAV is not responsible for any loss or damage arising from your failure to comply with this security obligation.
  5. If we suspect the Account Holder or an Invited User of any breach of this agreement, fraud or any criminality or other breach of law, we reserve the right to terminate the account and if necessary, contact law enforcement.

5.   Payment Terms

  1. In consideration for the provision of the Services, the Account Holder must pay to CASHFLOWNAV the Subscription Fee.
  2. are charged in advance on either a monthly or an annual basis dependant on the subscription selected by the Account Holder when creating their account. Subscription Fees will cover the use of the Services for a monthly or annual subscription period as agreed (Subscription Period).
    1. for monthly subscriptions- on the date that is one calendar month after the Account Holder subscribes to the Services, and on that same date each subsequent calendar month during the Term; and
    1. for annual subscriptions- on the date that is one calendar year after the Account Holder subscribes to the Services, and on that same date each subsequent calendar year during the Term,

subject to variation in accordance with this agreement.

  • The Account Holder authorises CAHSFLOWNAV to charge the Subscription Fee using any credit card or other payment mechanism we have on record for the Account Holder (Payment Method) on each date a payment is due pursuant to clause 5c (Payment Date).
  • CAHSFLOWNAV may vary the Payment Date without notice at times to account for:
    • public holidays;
      • variations between the number of days in a month (i.e. to process a payment due on the 31st on the 30th for 30 day months);
        • leap years; or
        • to re-attempt charging the Payment Method where a previous attempt has been unsuccessful.
  • In addition to the Subscription Fees, the Account Holder is liable for any bank fees, currency exchange fees, dishonour fees and any other amount payable to a third party as a result of the Account Holder’s payment of the Subscription Fees.
  • Except where a refund is required by law, Subscription Fees are non-refundable. There are no refunds or credits for:
  • partial months of access to the Services;
  • an upgrade, downgrade or change to an Account Holder’s subscription; or
  • where the Services have not been accessed within a Subscription Period.
  • If a payment is declined, access to the Services may be suspended and the Account Holder will be notified to change the Payment Method.
  • All Subscription Fees are inclusive of Australian GST (if required) but exclusive of all other taxes, levies, or duties imposed by taxing authorities. The Account Holder is responsible for payment of all such taxes, levies, or duties.
  • The Services and Subscription Fees are described in detail in the subscription page housed in the App.
  • For any upgrade or downgrade in subscription level, the Account Holder will be charged the new rate of Subscription Fee on the Payment Date for the next Subscription Period, and access to the features of the new subscription level will be granted  commencing from the start of the next Subscription Period.
  • Downgrading your subscription may cause a reduction in features, access, permitted number of Invited User accounts, or capacity of your account. CASHFLOWNAV has no liability for such reduction.
  • Unless the Account Holder notifies CASHFLOWNAV before the end of the applicable Subscription Period that the Account Holder wants to cancel their subscription in accordance with clause 6b, the Account Holder’s subscription will automatically renew at the end of the then-current Subscription Period and the Account Holder authorises us to collect the then-applicable Subscription Fee in accordance with this clause 5.
  • The Account Holder is responsible for ensuring that the Payment Method CASHFLOWNAV records for the Account Holder is accurate and up to date.

6.   Term, cancellation and termination

  • If an Account Holder cancels their subscription, the Account Holder’s account, associated Invited User accounts and access to the Services will continue until the expiry of the current Subscription Period.
  • If an Account Holder terminates an Invited Users’ account, access to the Services for that Invited User will cease immediately.
  • The Account Holder is responsible for extracting all data from the Services for their own records prior to terminating their subscription or an associated Invited User’s account.
  • There is no refund or credit of Subscription Fees for cancellation during a Subscription Period.
  • Failure to pay our Subscription Fees for any reason may result in the suspension or termination of an Account Holder’s account (including all associated Invited User accounts) and, after a short period, the deletion of those accounts and associated data.
  1. CASHFLOWNAV, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to, or use of, the Services for any reason, at any time in the case of an Invited User, or upon the expiry of a Subscription Period or in accordance with clause 7b in the case of an Account Holder.
  • Termination of the Services will result in the deactivation or deletion of the relevant Account Holder or Invited User accounts, and any access to those accounts.

7.   Modifications to the Services and Subscription Fees

  1. Subject to clause 7b, CASHFLOWNAV may modify, alter, suspend or discontinue the Services (or any part of them) and subscription levels at any time with or without prior notice.
  • b.     If, during a Subscription Period, CASHFLOWNAV suspends or discontinues the Services, not due to the fault of the Account Holder, or modifies or alters the Services to the extent they are materially different, the Account Holder will be entitled to a refund of the Subscription Fees for the remainder of the Subscription Period, to be calculated on a pro rata basis, or as required by law.
  • Subscription Fees are subject to change by us upon 30 days’ prior notice. Such notice may be provided by us by any means provided for in this agreement. An Account Holder will not be liable for any increase in Subscription Fees until the Payment Date for the Subscription Period following the date any change in the Subscription Fees comes into effect.
  • CASHFLOWNAV is not liable to you or to any third party for any modification, alteration, suspension or discontinuance of the Services or changes to the Subscription Fees, except to the extent the Account Holder is entitled to a refund under clause 7b.

8.   System Outages

Access to the Services may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, critical or scheduled maintenance or updates, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

9.   Copyright and data ownership

  1. Subject to clause 9b, this agreement does not transfer from CASHFLOWNAV to you any CASHFLOWNAV or third party intellectual property rights in the App or Services, and all right, title and interest in and to such rights will remain (as between the parties) solely with CASHFLOWNAV.
  2. 9b, this agreement does not grant you any other rights in the App or Services.
  3. As between the parties, all data uploaded by you remains yours. However, if an Account Holder elects to provide access to its data to Invited Users, the Account Holder agrees to allow us to enable these Invited Users to view and or edit the accounts shared data and content. The Account Holder is responsible for controlling shared access to its data and can revoke or change an Invited User’s access.
    1. in connection with the provision of the Services;
    1. for CASHFLONAV product development or improvement and administrative purposes;
    1. to action or defend any claim;
    1. to exercise any right under this agreement.
  4. You warrant that:
    1. the data you input into the App is obtained, disclosed and handled in accordance with the Privacy Act 1988 (Cth);
    1. you have all right, title and authority required to grant CASHFLOWNAV the licence in clause 9d.
  5. All right, title and interest in any statistical, technical and descriptive information and reports about your use of the Services (Metadata), vests in CASHFLOWNAV upon creation.
  6. You must maintain copies of all data input into the App or disclosed to us as part of the Services. CASHFLOWNAV adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up, but does not make any guarantees that there will be no loss of data. CASHFLOWNAV expressly excludes liability for any loss of data no matter how caused.
  7. CASHFLOWNAV may at any time or from time to time, and you hereby consent to such use of your data and Metadata, collect, hold, disclose and use your data and Metadata in accordance with our Privacy Policy and this agreement.
  8. The Services are protected by copyright, trade mark, trade secret and other intellectual property rights. All such rights are reserved. The Services are copyright © 2021 BUSINESSNAV (Aust) Pty Ltd. You may not reproduce, publish, copy, or reuse any portion of the Services, App, or visual design elements or concepts included in the Services or the App without express prior written consent from CASHFLOWNAV.
  9. You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.

10.        Account management

  1. The Services allow members of an organisation to import and analyse data from multiple entities (for example, multiple companies within a corporate group, individuals within a company, or multiple unrelated companies such as members of a franchise group or trade association). The App allows the Account Holder to create Invited User accounts for that organisation’s clients or staff. Data from such entities and its Invited Users may be entered, analysed and managed within the App.
  • The Account Holder is responsible for ensuring the appropriate roles and permissions are applied to each Invited User’s account in order to avoid data being inappropriately shared amongst those Invited Users. The Account Holder must ensure its Invited Users use the App and Services in accordance with this agreement.
  • When creating an Invited User account, the role and permission for that Invited User can be specified. The available roles are:
  • Admin – Generally the creator of the Account Holder’s account, reserves all access levels outlined in this clause 12c. An Admin can delete or modify the Account Holder’s details and subscription, and modify the access level of all users as set out at clause 12d below.
  •      ii.          User – Invited to join the Account Holder’s created business. The User is created with view access by default and is automatically enabled upon verification. These features can be modified by the Admin.
  • The Admin/s can choose to enable or disable certain access levels for the roles outlined in clause 12c. These include the ability to:
  • view organisational data housed in the App;
  • edit organisational data housed in the App;
  • import Organisational data into the App;
  • change Invited User access levels;
  • cancel or modify the Account Holder’s account or subscription;
  • delete key inputs (e.g. scenarios); and
  • enable or disable third-party connections.
  • Third-party applications are purposefully limited in scope to disallow you to write or edit data housed in the third-party application. The conditions and limitations of this scope are outlined during the third-party consent process in the App.
  • You acknowledge and agree that you must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User, or importing their data into the App.

11.        Notice of changes

It is your responsibility to stay up to date with changes to the Services and this agreement by reviewing them on the App from time to time and before you use or wish to use the Services. We are not responsible or liable for any loss or damage that may arise if you fail to do so. When possible, CASHFLOWNAV will contact registered users about changes to the Services and this agreement.

12.        Communication method

You agree and acknowledge that we may communicate with you at our discretion by any form of direct communication for which we have recorded details for you (subject to complying with any applicable laws and this agreement) including by mail, email, SMS or App push notification.

We will generally communicate with you over email or with an App push notification.

We may contact you from time to time for marketing purposes over email, unless you have requested otherwise.

13.        General Conditions

  1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.
  • Technical support is only provided to Account Holders and Invited Users with an active subscription. Technical support is only available via email, in English.
  • You understand that CASHFLOWNAV uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. CASHFLOWNAV is not responsible for the continuity of the services provided by those third party vendors. You acknowledge that you access and use any third party content or software via the App or Services at your own risk and that you are responsible for ensuring you comply with the terms of service of those third party providers which are in addition to and may vary from, these terms. 
  • You must not attempt to undermine the security or integrity of CASHFLOWNAV’s software, computing systems or networks or, where the Services are hosted by a third party vendor, that third party vendor’s software, computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services or the App.
  • You understand that CASHFLOWNAV has certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date compatible device, internet access, and may require certain software and periodic updates. The functionality of the Services may be affected by these factors and these dependency requirements may vary from time to time.
  • You understand that the technical provision of the Services, including your data, may involve:
  1. transmissions over various third party networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.
  • In using the Services, you must not submit content that:
  • is misleading, deceptive, defamatory, harassing, false, obscene, threatening, pornographic, hateful or is likely to cause offence to a reasonable adult;
  • is unlawful, or violates any law or regulation;
  • infringes on the intellectual property or other proprietary rights of us or third parties;
  • contains any unauthorised or unsolicited marketing communications or hyperlinks;
  • contains viruses, worms or other potentially damaging files;
  • encourages others to breach this agreement or any law.

We may amend or remove contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the App or the Services is, in our reasonable opinion, an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.

  • To the maximum extent permitted by law, CASHFLOWNAV does not provide any guarantee or warranty with respect to the Services or App except as expressly set out in this agreement. In particular, CASHFLOWNAV does not warrant that:
  1. the Services will meet your specific requirements;
  2. the Services will be uninterrupted, timely, secure, or error-free;
  3. the App is free of viruses or other spyware that could damage or destroy your device or data;
  4. the results that may be obtained from the use of the Services will be accurate or reliable;
  5. the App or Services will assist you in meeting any statutory obligation or achieving any financial outcome;
  6. any errors in the Services will be corrected.
  1. The laws of the State of Queensland, Australia will apply to this agreement.
  • If you are not satisfied with the Services, to the extent permitted by law, CASHFLOWNAV limits your sole and exclusive remedy to termination of the use of the Services in accordance with clause 6.
  • Clause 6e, 9, 13, 14 and 15 survive termination of this agreement.

14.        Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any loss or damage which you may incur in connection with your use of the Services or the App. You indemnify and hold us harmless from and against all losses, claims, losses, costs (including legal costs), expenses, damages (including, but not limited to, special, indirect, consequential loss or damage, loss of profits or loss of data) or other liability (Loss), howsoever arising directly or indirectly in connection with:

  1. any use of the Services by you; and
  2. any third party use of the Services via your account, such as someone using a password or username provided to you by CASHFLOWNAV.

If you suffer loss or damage as a result of CASHFLOWNAV’s negligence or failure to comply with this agreement, and the exclusion in this clause 14 does not exclude CASHFLOWNAV’s liability, then any claim by you against CASHFLOWNAV arising from CASHFLOWNAV’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to an amount equal to the Subscription Fees paid by you to CASHFLOWNAV for the Services in the previous 12 months.

The failure of CASHFLOWNAV to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. This agreement constitutes the entire agreement between you and CASHFLOWNAV and governs your use of the Services, superseding any prior agreements between you and CASHFLOWNAV (including, but not limited to, any prior versions of this agreement).

15.        Indemnity

You hereby agree to indemnify and hold us harmless from and against any Loss arising out of or in connection with your use of the Services or the App and any breach of this agreement by you. The indemnity given by you is limited to the extent that any gross negligence by us has caused or contributed to the Loss arising.

16.        Consumer Rights

This agreement does not purport to limit any non-waivable rights that you may be entitled to by law. Where such non-waivable rights apply, and where permitted by law, we limit our maximum liability, at our option, to the supply of our services again or the payment of the cost of having our services supplied again. This limitation only applies to guarantees under the Competition and Consumer Act 2010 (Cth) of Australia.

17.        Contact

If you have any comments, concerns or complaints regarding CASHFLOWNAV or this agreement you can contact us at (Accounts@businessnav.com) or by mail at (157 Given Terrace, Paddington 4064, QLD Australia). We will endeavour to get back to you as soon as possible, but we ask that you allow us up to 30 days to respond before taking any other steps.

18.        Notices

Unless this agreement specifies otherwise, any notice given under this agreement by either party to the other must be in writing, by email and will be deemed to have been given on transmission. Notices to CASHFLOWNAV must be sent to info@businessnav.com or to any other email address notified by email to you by CASHFLOWNAV. Notices to you will be sent to the email address which you provided when setting up your access to the Service.

Last updated: [22/11/2021]