Terms of Service
By downloading our App and accessing or using our Products & Services, you are deemed to have read, accepted and be bound by these Terms.
We may change these Terms from time to time and will notify you of any material amendments through our Website. If you do not accept these amendments, then you may cease the use of our Products & Services. Otherwise, your continued use is deemed acceptance of the amendments.
We may at our discretion discontinue any of our Products & Services, in which case we will also provide you with notice via our Website, through our App and/or by way of email notification.
Our Products & Services
We aggregate financial, location and related information from one or more Linked Services, using Authentication Information provided by you, to retrieve Account Information from each Linked Service.
The information provided by our Products & Services is information provided by you, through our Linked Services and may be combined with some further analysis of such information. Our Products & Services are not intended as legal, tax or financial advice, nor as an offer or recommendation for financial services or other products, and you should not rely on them for these purposes.
We may change the content or features of our Products & Services at our discretion and will provide you with notice of any material changes in the same manner as set out above.
References to Linked Services, including the display of their trademarks, may appear on our Website, in our App or in third-party services incorporating our Products & Services. Any such references do not imply endorsement by or of the Linked Service. Your use of any Linked Services accessed through Cheq (“Beforepay”) is at your own risk.
In order to access and use our Products & Services, you will need a compatible mobile device, compatible software, and internet access. For details of compatibility requirements, please refer to our website.
We will use our best efforts to maintain the reliability of our Products & Services. However, they are provided on an ‘as is’ basis and we do not guarantee that our Products & Services will be error-free. Additionally, we cannot guarantee the accuracy, availability, continuity, and completeness of our Products & Services, as this can be affected by a variety of factors outside of our control.
We provide some of our Products & Services free of charge. However, where indicated either at registration or within the App, we also provide optional Paid Services. The fees for Paid Services can be found on our Website and on our App.
If we provide you with a Paid Service, we will enter into a separate agreement with you to do so.
You may use the main functionality of our Products & Services free of charge (this excludes our Paid Services).
We grant you a non-exclusive, personal, non-transferable, revocable license to use our Products & Services in accordance with these Terms for so long as you are registered to use our Products & Services. This does not assign any ownership rights, intellectual property rights or any other implied rights (including resale rights) relating to our Products & Services to you or any other person.
Your Cheq (“Beforepay”) account is provided for your personal use only. You may not transfer or assign your account or usage rights to a third party.
You can unsubscribe from non-essential service email notifications at any time.
You can delete your Cheq (“Beforepay”) account or our App at any time.
You agree to:
- only use our Products & Services for lawful purposes;
- ensure your registration details are true and accurate, and update them if they change;
- assume all responsibility for your use of our Products & Services and for any outcomes arising from their use;
- your registered email address being used by us as the primary means of verifying your identity (including for password resets);
- set strong passcodes/passwords to the devices and accounts used in conjunction with our Products & Services, and to keep these strictly confidential to avoid unauthorized access to your Cheq (“Beforepay”) account;
- notify us promptly upon becoming aware of any unauthorized access to or use of your Cheq (“Beforepay”) account or our Products & Services; and
- comply with our reasonable directions in connection with your use of our Products & Services.
You agree that you will not:
- do anything that interferes with or infringes our (or our licensors’, affiliates’ or partners’) intellectual property rights in the Content;
- copy or duplicate our Products & Services or any substantial part thereof, including the look and feel, without our prior written consent, except for ‘fair dealing’ or as otherwise permitted under the Copyright Act 1968 (Cth);
- directly or indirectly reverse-engineer, decompile, recreate or otherwise obtain any of the software making up our Products & Services;
- use our public APIs except via our official client software (commercial use of our public APIs is not covered by these Terms). If you would like more information about using our APIs in your software, please contact us;
- intentionally cause excessive load on our systems or servers, or interfere with the normal operation of other services;
- use our Products & Services in a way that infringes the rights or privacy of other people;
- use our Products & Services to connect to a Linked Service that you are not legally authorized to access; or
- use our Products & Services in a way that you know or reasonably suspect might cause damage to us or a third party.
- We may communicate with you using your registered email address, including for the purposes of delivering any notifications in accordance with these Terms.
- You acknowledge that any intellectual property right or interest in our Products & Services and Content belongs to us, our licensors, affiliates or partners.
Suspension of Use of Products & Services and Termination of Account
We may suspend your use of our Products & Services, or cancel your Cheq (“Beforepay”) account if we determine that:
- you have breached these Terms;
- in using our Products & Services, you have contravened any law;
- you are using our Products & Services in an inappropriate manner or not for their reasonably intended purpose;
- your conduct detrimentally impacts (or is reasonably likely to detrimentally impact) our good name or reputation;
- your conduct causes (or is reasonably likely to cause) harm to us or a third party, indirectly or directly; or
- when we are unable to contact you or you do not use your account for an extended period of time (usually more than 365 days consecutively).
If we determine it is necessary to suspend your use of our Products & Services or cancel your Cheq (“Beforepay”) account for any of the reasons above, we will notify you of the reason and the effective date and length of the suspension as soon as possible. We will endeavor to do this with reasonable prior notice, but where this is not possible (for example in the case of an emergency) we will notify you as soon as reasonably practicable after the fact.
From time to time, our Products & Services may experience interruptions for a variety of reasons, including:
- periodic updates, maintenance or repair;
- system failure or network failure;
- software or hardware malfunction; or
- emergencies, such as a natural disaster or a serious accident.
We will provide advance notification where we are able to plan or anticipate these interruptions, however, this may not always be the case. If we are not able to notify you before the interruption, we will notify you as soon as reasonably practicable after the fact.
Cheq’s (“Beforepay”) Payment Services terms can be found here.
- To the fullest extent permitted by law, we exclude all liability owing to you and all third parties for any special, indirect, consequential or incidental costs, losses, expenses and damages of any kind, including lost profits, loss or corruption of data, loss of goodwill, bargain or opportunity, loss of anticipated savings or any other analogous losses of any kind incurred in any way (including negligence).
- To the extent permitted by law, you indemnify and hold harmless Cheq (“Beforepay”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or incurred from or in connection with:
- your use of our Products & Services (including any third party that accesses our Products & Services using your Cheq (“Beforepay”) account);
- breach by you of these Terms;
- a claim that any use of our Products & Services by you (other than in accordance with these Terms) infringes any intellectual property rights of any third party, or any privacy right or otherwise results in injury or damage to any third party; or
- any deletions, additions, insertions, or alterations to, or any unauthorized use of, our Products & Services by you.
- We do not make any representations or warranties of any kind in relation to:
- the availability, accuracy or completeness of our Products & Services;
- access to telecommunications services for you at any time; or
- the suitability of our Products & Services for your particular purposes.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
- the re-supply of services or payment of the cost of re-supply of services; or
- the replacement or repair of goods or payment of the cost of replacement or repair.
Governing Law & Jurisdiction
These Terms and all aspects of your use of our Products & Services are governed by the laws of the state of New South Wales (Australia). You agree to notify us as soon as reasonably possible about any claim or dispute concerning or relating to these Terms or our Products & Services.
If you would like to contact us, you can email us at firstname.lastname@example.org or from the contact form on our Website.
In the event we need to contact you, we will do so via your registered email, via our Website or by displaying a notice in an appropriate place within our App. It is therefore important that you keep your details up to date.
Words with Special Meaning
Account Information Any data relating to your account(s) that you lawfully have access to through a Linked Service, and which you authorize us to access through our Products & Services. Account Information includes statement data (and financial transactions associated with an account) and related metadata. APIs The Application Programming Interface(s) provided by Cheq (“Beforepay”) to enable us to provide the Products & Services. Authentication Information Your login name, password and other authentication information required to access Linked Services. Company Website Our public website accessible at: http://www.beforepay.co Content May include content, software, trademarks, text, video, music, sound, graphics, illustrations, photographs, names, logos, service marks and other material appearing on our Website and within our App and services through which our Products & Services are provided. Linked Services Third party services, accessible via the internet, through which you may access your Account Information and which you have registered with Cheq (“Beforepay”) via one of our Products & Services or via a third party service. Cheq, we, us and our Cheq Ltd (ACN 633 925 505) Paid Services Our paid subscription services, providing functionality in addition to the main functions of our free of charge Products & Services Personal Information Information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not. This is the same meaning as in the Privacy Act 1988 (Cth). Products & Services Our personal financial management app, data aggregation services that you have registered to use and short term loan services that you have entered into.
This document was last updated September 2020