Terms of Service
End User License Agreement [EULA].
Regchain Stryd™ Software Licence – Terms of Service.
Moneycatcha Ltd 609 308 661 of 45 St Georges Tce, Perth WA 6000 (Moneycatcha)
These Terms of Service are agreed to between Moneycatcha Ltd and the contracting individual or organisation subscribing to Stryd Broker only (the Customer).
MoneyCatcha Ltd will never use the personally identifiable information (PII) of consumers (end customers of the contracting individual or organisation) for any purpose other than home loan product and pricing recommendations.
MoneyCatcha will never disclose any end-customers details to any external entity other than the contracting individual or organisation.
MoneyCatcha Ltd will never contact end-customers (customers of the contracting individual or organisation) unless explicitly agreed or requested by the contracting individual or organisation.
1.1 From the Date of agreeing to these terms and conditions, Moneycatcha grants the Customer (and its Authorised Users) a non-exclusive, non-transferable limited license to use the Software and for the Term (and any extension thereto):
- to input Customer Content into the Software via the Software;
- To send a Consumer Data Right (CDR) consent request to its end consumers via the Software;
- To view and use the insights from the Consumers data by the Software in conjunction with Moneycatcha employees and its authorised representatives;
- The Customer shall be liable for all damages and liabilities incurred by the Customer as a result of such actions.
Nothing in this Agreement will affect any rights of ownership either party may have in any Intellectual Property Rights existing prior to the Licensing Commencement Date.
Any Intellectual Property Rights:
- in the Software;
- database(s) design;
- are owned by and are the sole property of Moneycatcha.
- Without prejudice to any pre-existing rights of the Customer, the Customer acknowledges and agrees that all rights, title and interest in and to the Software and the data provided to the Customer will vest solely in Moneycatcha.
1.2 Licence Period
This license commences on the Effective Date and concludes on the Termination Date, which is the date on which the Customer cancels the subscription.
1.3 Cancellation and Subscription Adjustments
Notwithstanding all other rights contained in this contract, the Customer may notify Moneycatcha of subscription adjustments or cancellation.
1.4 Provision of implementation, training and support
During the License Period, Moneycatcha shall provide implementation and training support to the Customer for the purposes of enabling effective and efficient use of the software.
The Customer (and its Authorised Users) shall:
- ensure that the output from the Software is limited solely to the Customer, its Authorised Users, and the Customer's customers;
- only use the output of the Software for its own internal business purposes;
- refrain from demonstrating or disclosing the results of any access, use or operation of the Software to any third-party without Moneycatcha's prior written consent;
- cooperate fully and act reasonably and in good faith to assist in the timely fulfilment of Moneycatcha's obligations under this Agreement;
perform its obligations and responsibilities as detailed in this Agreement with due care and skill;
- follow all reasonable instructions given by Moneycatcha in relation to data provisioning, access, use or operation of the Software or interpretation of the data and insights;
- be responsible for providing the Consumer Data as agreed in the format required by the Software;
- keep secure backup copies of its own databases and computer records in accordance with good computing practice; and
- not create or permit to exist a security interest over the Software. For the purposes of the foregoing, “security interest” means a security interest that is subject to the Personal Property Securities Act 2009 (Cth) or any other mortgage, pledge, lien, charge or other arrangement of any kind which in substance secures the payment of money or the performance of an obligation, or that gives a creditor priority over unsecured creditors.
Moneycatcha shall:
- cooperate fully and act reasonably and in good faith to assist in the timely fulfilment of the Customer's obligations under this Agreement;
- comply with any reasonable direction of the Customer in relation to the presence of Moneycatcha's personnel on the Site;
- perform its obligations and responsibilities as detailed in this Agreement with due care and skill;
- comply with all applicable laws and regulations in the course of performing its obligations under this Agreement;
- notify the Customer of any appreciable or significant changes that occur in Moneycatcha's business that may affect the Customer's rights under this Agreement; and
- use its best efforts to ensure that none of the Customer's rights are adversely affected in such a way that the Customer's use of the Software is affected.
Where Third-Party Software is incorporated or forms part of the Software, the Customer agrees to comply with any Third-Party Terms.
The Customer shall ensure that the data required meets the minimum requirements for operation of the Software, as set out in the Consumer Data Requirements documentation provided by Moneycatcha. In the event that any changes made to the Software require alterations to the Data Requirements, Moneycatcha will provide to the Customer a minimum of seven (7) days’ written notice prior to the change after which time the Customer shall ensure that the Consumer Data meet the Data Requirements as altered in the manner specified in the notice.
Except to the extent specified to the contrary in the Agreement (including any Addendum thereto), Moneycatcha shall not be obliged to support the Software other than assessing the client records as part of this Agreement, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.
Subscription fees are due monthly or annually in advance, and are to be paid via Stripe Payments. Where failed payment is not rectified, it will result in immediate termination of this agreement.
Moneycatcha represents and warrants for the benefit of the Customer that the Software will:
- ingest the Consumer Data and output data and insights in the Software for the use of the Customer.
- not contain any Virus or any built-in, automatic and/or random expiry dates.
- are owned by and are the sole property of Moneycatcha.
- The Customer agrees that the data and insights provided by the Software is for internal purposes only, and can not and will not hold Moneycatcha liable for any discussions, recommendations, advice or otherwise that the Customer may have within their organisation or with their customers.
- The data and insights provided in the Software are intended for the Customer only, and the Customer is solely liable for any actions they may take as a result in any form be it written, verbal or otherwise.