Last Updated: 1 July 2024

 

Welcome to Smartcent, an innovative SaaS platform dedicated to providing quality personal finance information tracking and consolidation services.

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 If you access or use our services, features and information, you agree to these Terms and Conditions (“Terms”), which are designed to ensure a secure, transparent, and respectful environment for all users. Our services are provided through our platform which consists of the Smartcent application and the smartcent.com.au website (“Platform”).

 

You may also want to view our other policies:

• Privacy Policy

• Data Security Policy

 

1. Acceptance of Terms

By using Smartcent, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you do not agree to these Terms, you must cease using our Platform immediately

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2. Core Values and Commitments

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2.1 Privacy and Data Protection

We are committed to protecting the privacy and security of your personal and financial information. Our Platform uses advanced encryption, secure data storage, and access management technologies to protect your data against unauthorised access and breaches.

 

2.2 Transparency and Communication

We believe in clear and open communication with our users. Any changes to our policies and practices will be transparently communicated to ensure information about how your records are stored and used is always available.

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2.3 Ethical Standards

Our goal is to ensure our operations are guided by high ethical standards that genuinely respect and protect user privacy, data handling integrity, and a commitment to the confidentiality and security of user information.

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2.4 Client Confidentiality

Our commitment is to treat all user information with the utmost discretion and confidentiality, and that is why our Platform adheres to legal and ethical obligations that are framed to protect subscriber  confidentiality at all times.

 

2.5 Continuous Improvement

We are dedicated to continuously improving our Platform through technological enhancements and feedback from our community. 

 

2.6 Security Challenges

New security challenges continue to evolve and we recognise the vital importance of regular updates to our security measures and practices so we can combat these emerging threats and vulnerabilities.

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3. Our Services

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3.1 Service Scope

Smartcent provides and the quality and reliability of the information we provide is heavily dependent on the  accuracy and completeness of the information you provide to us or authorise us to ingest on your behalf.

 

4. Service Limits

Nothing in the content or services offered by Smartcent should be considered, or used as a substitute for financial advice. This Platform merely provides information tools that can help assist you in managing your personal finances. 

 

4.1 No Financial Services

You should always talk to your financial adviser about your financial needs. We do not warrant or represent that  the products or services offered through this Platform are safe, appropriate, or will be effective for you. 

 

You should always seek the advice of an accountant or other qualified financial adviser for any questions regarding your personal financial decisions and your specific financial circumstances.

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4.2 No Advice

While we are eager to provide our services to you, there are limits to the services we provide. We do not provide legal, tax or financial advice, nor are we a financial planner, broker or tax advisor. Our services are designed to only assist you to organise your finances. 

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4.3 Your Unique Requirements

Your personal financial situation is unique, and any information and advice obtained through our services may not be appropriate for your situation. We recommend that you implement the financial strategy set out by your accountant or other financial advisers as they are well placed to be fully aware of your individual circumstances.

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4.4 Financial Disclaimer

Financial advice has to be individualised and can only be rendered after adequate assessment of your personal financial circumstances. Please do not disregard the professional advice of your accountant or other financial adviser because of any information we may have provided to you. 

 

For the reasons given above, you should not overly rely on any information we may have provided as we only display information you or other third parties have provided to us and we are not in a position to verify the accuracy, completeness or suitability of any input information. 

 

Our ability to provide services to you may also be disrupted or affected by the availability or quality of the third party services required to service your account.

 

To the fullest extent permitted by law, we do not accept any responsibility for your financial decisions.

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4.5 No Representation

We make no representation or warranty (either express or implied) as to the completeness or accuracy of the information contained on our Platform.

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5. User Responsibilities

You must be at least 18 years of age and possess the legal capacity to agree to these Terms to use our Services. Your account must be registered by a human. Accounts automatically registered by “bots” or other methods are not permitted.

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5.1 User Accounts

User accounts should only be used to obtain general advice and information.

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5.2 Account Security

You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. Please notify us immediately if you detect any unauthorised use of your account.

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5.3 Accurate Information

You agree to provide true, accurate, current, and complete information when registering to use the Platform and establishing an account (“Registration Information”).

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5.4 Updating Information

You agree to maintain and promptly update the Registration Information to keep it true, accurate, current, and complete as is your responsibility to ensure the quality and suitability of any information that you provide or authorise us to collect on your behalf.

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5.5 Acceptable Use

Our Platform must only be used for lawful and ethical purposes. You must not use the Platform to engage in any activity that would violate the rights of others or that would be harmful to others, our operations, or our reputation.

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5.6 Prohibited Use

You agree that you will not:

5.6.1    Use this Platform for any purpose in violation of local, state, national, or international laws.

5.6.2   Use this Platform as a means to distribute advertising or other unsolicited material to any third party.

5.6.3   Use this Platform to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive,

slanderous, hateful, or embarrassing to any other person or entity.

5.6.4   Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this Platform.

5.6.5   Violate or attempt to violate the security of the Platform, including, without limitation to:

• access data not intended for Platform users or logging onto a server or an account which Platform users are not authorised to access;

• attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or

• access or use the Platform or any portion of it without authorisation, in violation of these Terms or in violation of applicable law.

5.6.6   Use any scraper, crawler, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to

any feature or content on the Platform, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

5.6.7   Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this

Platform or any activity being conducted on this Platform.

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5.7 Invalid Use

Violations of system or network security may result in civil or criminal liability. We will investigate violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

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5.8 Protected Areas

Access to some sections of the Platform is limited and requires the use of a user ID and password (“Protected Areas”), you agree to only access Protected Areas using your user ID and password.

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5.9 Maintaining Security

You also agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. 

 

You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by us at any time with or without cause.

 

5.10 Service Changes 

We reserve the right to amend the Services we provide, these Terms, our policies and procedures, and the price of our services at any time by providing your with suitable written notice prior to the changes being implemented.

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6. Data Collection, Use, and Sharing

We collect the information that you provide directly to us, such as your name, email address, phone number and financial information, as well as information about your use of our Platform, including but not limited to usage data patterns and your personal preferences.

 

6.1 How We Use Your Information

Your information is then used to provide, maintain, and improve our services, to communicate with you about our services and offers, and to comply with our legal and regulatory obligations.

 

6.2 Sharing Your Information

Rest assured, none of your personal information will be shared with third parties without your consent, except where such sharing is necessary to provide our services, comply with the law, or protect the rights and safety of our users and the public.

 

7. Intellectual Property

Smartcent and its original content, features, and functionality are and will remain the exclusive property of Smartcent and its licensors. Our Platform and its content are protected by copyright, trademark, and other laws in both Australia and foreign countries.

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7.1 User Content

Users may post, upload, publish, submit, or transmit content and information, which must comply with our content standards. 

 

By providing user content on the Platform, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to use, copy, modify, distribute, publish, and process the information and content provided by you, without any further consent, notice and/or compensation to you or others.

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7.2 Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If we receive notice of any alleged copyright infringement we will respond and comply with the applicable laws.

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8. AI Tools

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8.1 User Risks

Your use of any third party Artificial Intelligence (“AI”) tools that are provided or can be accessed as part of our Services is at your own risk and you acknowledge and fully accept that:

8.1.1   AI models may generate unexpected, inaccurate, or even offensive content, despite our best efforts to

mitigate such outcomes through ongoing assessment of suitable AI models;

8.1.2  The sheer scale, rapid iteration, and complexity of AI technology makes it impossible for us to

comprehensively know the reliability or suitability of every output from any particular system; and

8.1.3  While we modify pre-trained models through fine tuning to try and minimise bias and improve the

applicability to our use case, we cannot guarantee full prevention of bias or possible inaccuracies.

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8.2 Risk Acceptance

AI tools are an integrated part of our platform and if you choose to continue to use our platform, you will be deemed to:

8.2.1    recognise these limitations and  to agree to bear the associated risks; and

8.2.2   agree to navigate these uncertainties responsibly, employing caution, and discretion in your reliance on AI-generated

information or outputs, especially in contexts requiring high accuracy or in situations with significant consequences.

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9. Modifications to Terms and Services

We reserve the right to modify or replace these Terms at any time at our sole discretion. 

9.1 Amendments

The revised will be immediately effective once they are posted and we will provide notice of such changes by posting the revised Terms on the Platform and/or notifying our users via email. If you continue to use the Platform after you have been notified of those changes, you will be deemed to have consented to abide by those changes.

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9.2 Service Changes

Smartcent also reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

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10. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. 

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11. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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12. Disclaimers and Limitations of Liability

Smartcent is provided on an "AS IS'' and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

In no event shall Smartcent, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: 

12.1.1    your access to or use of or inability to access or use the Service; 

12.1.2   any conduct or content of any third party on the Service; 

12.1.3   any content obtained from the Service; and 

12.1.4   unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort

(including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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13. Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and content it contains. 

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13.1 Inaccuracies or Errors

It is possible that the Platform could include typographical errors, inaccuracies, or other errors and that unauthorised additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. 

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13.2 Corrections

We reserve the right to unilaterally correct any inaccuracies on the Platform without notice and we will have no responsibility or liability for information or content posted to the Platform by any non-affiliated third party.

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14. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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15. Contact Information

For any questions about these Terms, please contact us via Customer Care

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[End of Terms]