Beyond Bank+, 
powered by Frollo
 

Use of this application constitutes acceptance of these terms and conditions, which constitute a binding agreement between you and Beyond Bank Australia governing the use of the Services.  By downloading or installing this application you acknowledge, and agree to be bound by, these terms and conditions, and to the handling of your personal information in accordance with the privacy policies referred to below. If you do not agree to these terms and conditions, and to the handling of your personal information in accordance with those privacy policies, you should uninstall this application immediately. 

We may change these terms and conditions from time to time, including to reflect how the Services evolve, but not in any way which changes any rights or obligations that applied in relation to any past use of the Services by you. Any changes to the terms and conditions will take effect when the changed terms are posted in the application and our website. Your continued use of the Services will constitute your acceptance of the changes.

In these terms and conditions:

• Beyond Bank Australia, we and us means Beyond Bank Australia Ltd ABN 15 087 651 143 AFSL 237856;
• You means the user of the Services;
• Services means this application together with the website, software, product and services of which it forms part;
• Frollo means Frollo Australia Pty Ltd ABN 49 613 113 269; and
•  

Beyond Bank Australia makes this application and the Services available to you to assist you to track and manage your personal finances.   We do so under an arrangement we have with Frollo, which is a purpose driven FinTech and the owner and provider of the Services.

Any personal information about you which is collected by us or by Frollo as a result of your use of the Services will be handled in accordance with our privacy policy and Frollo’s privacy policy. Please follow the links to familiarise yourself with those policies.

The Services are intended to assist you to manage your finances, and do not constitute financial, legal or tax advice. Any information provided to you by us in connection with your use of the Services 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 solely in reliance on this information.

Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether any information provided to you is appropriate to your needs, objectives and circumstances. You act upon such information at your own risk.

The Services involve using open banking to allow users to access their bank account transactions.

By using the Services you authorise Beyond Bank Australia, Frollo and their service providers, to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register accounts requested by you.

Within the Services, you may direct us or Frollo to receive your own information maintained online by third party institutions with which you have a customer relationship, maintain accounts or engage in financial transactions (“Account Information”). We or Frollo may work with one or more online services to access this Account Information. The protection of your information is subject to strict security and privacy practices, as set out in the privacy policies of Beyond Bank Australia and Frollo.

To the extent permitted by law, neither we nor Frollo shall be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. Neither we nor Frollo assumes any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

Third party links and offers

We may present information to you via the Services relating to third party products or services. We do not endorse, warrant or guarantee these products or services and we will always disclose when an offer is sponsored.  We do not guarantee nor represent that any third party offers, products or services presented to you via the Services are actually the terms that will be offered to you if you decide to pursue the offer, or that they are the best terms, or lowest rates available.

All third party products and/or services including names, services, company names and logos mentioned as part of the Services are trademarks of their respective owners, and are not associated or affiliated with Beyond Bank Australia or Frollo.

In order for the Services to be provided, you agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access the Services (“User Information”).

By providing your email address, you agree to receive any notices we or Frollo need to send you electronically, to that email address. It is your responsibility to update or change that address, as appropriate.
You agree to notify us immediately if you become aware of any unauthorised use of your User Information

We may offer users paid plans which are subject to subscription fees (“Fees”). The applicable Fees may be listed on our website, within the application or on the applicable app store. Fees may change from time to time but we will always give you at least 30 days’ notice of any fee increase. All amounts will be in Australian dollars and are inclusive of any applicable taxes. All Fees are non-refundable.

You may cancel your account at any time through the application or by contacting us through the email address listed below. Once you have requested us to cancel your account all information will be deleted from our systems and Frollo’s systems, except for any information that needs to be retained to comply with regulatory obligations. Simply deleting the app will not give effect to termination and deletion of your information.
We may cancel or suspend your account at any time if you breach these terms and conditions, or the privacy policies of Beyond Bank Australia or Frollo.

By using the Services, you confirm that you are either over 18 years old or possess legal parental or guardian consent, and are fully able and competent to enter into these terms and conditions and to comply with them.

By using the Services, you agree:

• that you have had reasonable opportunity to review these terms and conditions;
• to use the Services in accordance with these terms and conditions;
• that your right of access and use of the Services is personal to you and is not transferable by you to any other person or entity;
• to only use the Services in respect of bank accounts held directly by you;
• to keep your registration information up to date and accurate;
• to use the Services in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Beyond Bank Australia, Frollo, the Services software or to the goodwill relating to the Services;
• to the use of the third party platform provided by open banking participants which allow users to access their online banking accounts via the application;
• to the transfer of de-identified, encrypted data between other banking participants and Frollo and other third party service providers;
• to use the Services in accordance with the technology and systems as provided; and
• that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Services and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

By using the Services, you agree (for the benefit of Beyond Bank Australia and Frollo) not to:

• distribute, lease, license, sell, rent or otherwise transfer or assign the Services, or any copies of the Services software, without our prior written consent;
• make a copy of the Services software or any part thereof;
• reverse engineer, decompile, disassemble, and/or prepare derivative works based on the Services software, in whole or in part;
• otherwise modify the Services software, in whole or in part;
• remove or modify any proprietary notices, marks or labels contained on or within the Services software;
• use the Services in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;
• use the Services in a way that terminates these terms and conditions;
• use technology or other means that is not authorised by us to access the Services;
• use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Services software;
• attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• gain or attempt to gain unauthorised access to the Services software including the networks or user accounts; or
• attempt to or engage in conduct that damages, disables, overburdens, or impairs the Services software servers or networks.

All content on the website and application is owned by Frollo or its related entities, other than content that is branded Beyond Bank Australia. This includes but is not limited to copyrights, trademarks, trade secrets, patents, titles, graphics logos and other intellectual property rights. Frollo retains all right, title, and interest in and to the Services and all related content and intellectual property, and nothing you do on or in relation to the Services, or any of the related content will transfer any rights, in intellectual property or otherwise. You agree not to do anything that interferes with or breaches Frollo’s intellectual property rights. You are forbidden from copying, downloading, reproducing or distributing any information contained in the Services without our prior written consent, provided that you may view content or print a copy of material from the website for personal, non-commercial use if you do not modify the content in any way.

You are licensing to us and to Frollo and its service providers any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Services, to the extent that is necessary to use it for the Services to be provided to you. Frollo and its service providers may also use, modify, display, distribute and create new material using anonymised Content to provide the Services to you.
Frollo and its service providers may use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Services.
By submitting Content, you agree, or promise that the owner of such Content has expressly agreed, that, without any particular time limit, and without the payment of any fees, Frollo and its service providers may use the Content for the purposes set out above..

To the maximum extent permitted by applicable law, neither Beyond Bank Australia, Frollo, their related entities, their service providers and their affiliates shall be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of the Services and or the information contained on the website and application. To the extent permitted by law, Beyond Bank Australia limits its liability for any claims in respect of any statutory warranties to either supplying the Services to you again, or the cost of supplying the Services to you again.

To the extent permitted by applicable law, by using the Services, you agree that your use of the Services and all information, products and other content (including that of third parties) included in or accessible from the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Beyond Bank Australia, Frollo and their service providers expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, and fitness for a particular purpose.

To the extent permitted by law, Beyond Bank Australia Frollo and their service providers make no warranties or representations of any kind that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the technology will be corrected, or (vi) the Services will be accessible from any location.

Any material downloaded or otherwise obtained through the use of the Services is obtained at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Beyond Bank Australia, Frollo or our service providers through or from the Services will create any warranty not expressly stated in these terms.

To the extent permitted by law, you agree to defend, indemnify and hold harmless Beyond Bank Australia, Frollo, their related entities, partners, service providers, affiliates, contractors, officers, directors, employees and agents from and against any and all claims, liability, damages, losses, obligations, expenses (including but not limited to legal fees), costs or debt caused by or arising directly or indirectly from (i) your use of and access to the Services, (ii) your violation of these terms and conditions, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or (iv) any claim that your content caused damage to a third party. This defence and indemnification obligation will survive the term of this agreement and your use of the Services.

Your use of the Services and these terms and conditions are governed by the law of South Australia, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia, Australia.

These may not be transferred or assigned by you, but may be assigned by us without restriction.

These terms and conditions, together with the privacy policies of Beyond Bank Australia and Frollo and any other legal notices published by us or Frollo in relation to the Services, shall constitute the entire agreement between you and us concerning the Services.

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the terms and conditions and it will not affect the validity and enforceability of the remainder of the terms and conditions.

No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
The provisions of these terms and conditions which by their nature survive termination or the expiry of these terms and conditions, will survive cancellation or your registration or termination of the Services

For further information about these terms and conditions or the Services, or to make a complaint, please contact us using the details set out below:
Email: contact@frollo.us