THE DO's & DON'Ts
Terms and Conditions of Use
1. About the Service
1.1. Welcome to Pineapple (the ‘Application’) and www.addpineapple.com (the 'Website'). The Application and Website provides digital money management services by aggregating and analysing banking and financial account data (the 'Services').
1.2. The Application and Website are operated by Cloud Down PTY LTD (ACN 628 672 917). Access to and use of the Application, Website, or any of its associated Products or Services, is provided by Cloud Down. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website or Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, Website, or any of Services, immediately.
1.3 Cloud Down Pty Ltd does not hold an Australian Financial Services Licence and cannot give financial advice. The Services are intended to assist you to manage your money, and are not intended to provide financial, legal or tax advice. Any information provided to you by us is general information only which, when prepared, does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice. To be clear: You should seek independent financial advice before acting on any of our recommendations. 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.
1.3. Cloud Down reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cloud Down updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application or 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 Cloud Down in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first either register your interest in the service on the website or register for an account through the Application (the 'Account').
3.2. 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) Email address
(b) Preferred username
(d) Any other personal information
3.3. You warrant that any information you give to Cloud Down in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Application and Website ('Member') and agree to be bound by the Terms.
3.5. 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 Cloud Down; 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.
4. Your obligations as a Member
4.1. 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 Cloud Down 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 Application and Website is limited, non-transferable and allows for the use of the Application and Website by you for the purposes of Cloud Down providing the Services;
(e) you will not use the Services, Application or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Cloud Down;
(f) you will not use the Services, Application or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application or Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Cloud Down for any illegal or unauthorised use of the Application or Website; and
(h) you acknowledge and agree that any automated use of the Application, Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(a) Credit Card Payment ('Credit Card')
(b) PayPal ('PayPal')
5.2. All payments made in the course of your use of the Services are made using a third-party service. In using the Application, Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third-party service terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services 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 Services Fee.
5.4. You agree and acknowledge that Cloud Down can vary the Services Fee at any time .
6. Refund Policy
Cloud Down will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Cloud Down makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
7. Copyright and Intellectual Property
7.1. The Application, Website, the Services and all of the related products of Cloud Down are subject to copyright. The material on the Application and 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 Application and Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cloud Down or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Cloud Down, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to:
(a) use the Application and Website pursuant to the Terms;
(b) copy and store the Application, Website and the material contained in the Application and Website in your device's cache memory; and
(c) print pages from the Application and Website for your own personal and non-commercial use.
Cloud Down does not grant you any other rights whatsoever in relation to the Application, Website or the Services. All other rights are expressly reserved by Cloud Down.
7.3. Cloud Down retains all rights, title and interest in and to the Application, Website and all related Services. Nothing you do on or in relation to the Application or 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),
7.4. You may not, without the prior written permission of Cloud Down and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application or Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. 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.
9.2. 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) Cloud Down 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.
9.3. Use of the Application, Website and the Services is at your own risk. Everything on the Application, 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 Cloud Down make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Cloud Down) referred to on the Application or 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 Application, Website, the Services, or any of its Services related products (including third party material and advertisements on the Application or Website);
(c) costs incurred as a result of you using the Application, Website, the Services or any of the products of Cloud Down; and
(d) the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Cloud Down. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Cloud Down will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
10. Limitation of liability
10.1. Cloud Down'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.
10.2. You expressly understand and agree that Cloud Down, 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.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Cloud Down as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) closing your accounts for all of the services which you use, where Cloud Down has made this option available to you.
Your notice should be sent, in writing, to Cloud Down via email to firstname.lastname@example.org or via the 'Delete My Account' link in the Application.
11.3. Cloud Down may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Cloud Down is required to do so by law;
(c) the provision of the Services to you by Cloud Down is, in the opinion of Cloud Down, no longer commercially viable.
11.4. Subject to local applicable laws, Cloud Down 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 Cloud Down's name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Cloud Down, 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 Application, Website or attempts to do so; and/or
(c) any breach of the Terms.
If you have any complaints, please feel free to send in details of your complaints to email@example.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
14. Venue and Jurisdiction
The Services offered by Cloud Down is 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 Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, 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 Victoria, 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.
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.