Us/we/our/MBMG means My Big Money Goal Pty Ltd A.B.N. 87 349 329 105 and its related entities and body corporates.
Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
- My Big Money Goal is an online course that teaches debt reduction and money management.
- Think Budget App is a web application that helps users log and track their spending in relation to their money goals.
We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice by posting the updated terms on our website hosting the Services. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide you with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing or terminating your use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
We make every effort to ensure that all the information and content on our website and in our courses and course materials is accurate and kept up-to-date.
We do not guarantee the accuracy, reliability or currency of the materials or information provided by us.
We give no warranty, make no representation nor give any undertaking whether express or implied, nor do we assume any liability, whether direct or indirect, or responsibility for the accuracy, completeness or usefulness of any information, content, courses or course materials provided by us.
The courses and course materials and information that we provide does not purport to constitute professional advice. We accept no responsibility for and make no representations, whether express or implied, as to the accuracy or reliability in any respect of any course material, course or information provided by us.
Except to the extent provided by legislation, we do not accept responsibility for the consequences of or any reliance which may be placed by any person on any course material, course or information provided by us.
We will not be liable to you or to any other person for any loss or damage (including direct, consequential or economic loss or damage) however caused and whether by negligence or otherwise which may result directly or indirectly from the use of course material, or information or a course provided by us.
The Services we provide are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the course or our website may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstance.
3 Acknowledgement, Release and Waiver
You acknowledge that you participate in any course offered by us having first acknowledged and agreed to the terms of the disclaimer set out above.
You further acknowledge that any course offered by us will not lead to any formal accreditation, certification or qualification and may not be recognised as prior learning with respect to any other accreditation, certification or qualification.
You acknowledge and agree that you release us and each of our directors, officeholders, employees and contractors from all and any claims that you may otherwise have against us in respect of any information, course or course materials that may be provided to you.
You waive any right to make any claim against us or any of our directors, officeholders, employees or contractors in respect of any information, course or course materials that may be provided to you or upon which you may otherwise have relied.
You agree not to commence any proceedings or take any action to enforce or maintain any claim against us or any of our directors, officeholders, employees and contractors and you agree to indemnify us and each of our directors, officeholders, employees and contractors against any liability, loss or costs arising from any breach by you of this agreement.
Claim means any claim, action, proceeding or entitlement whether past, present or future whether known or unknown which you or any other person has or might have under or arising out of or in any way connected to a contract or other arrangement with us.
4 Your Rights to use the Services
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by us within this Agreement. MBMG reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, MBMG grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
- Decompile, disassemble, or reverse engineer the Services.
- Make the Services available on any file-sharing or application hosting service.
Access to this Website and the course material is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
7 Linked sites
Any courses must be paid for upfront and are non-refundable. You will be given access to the relevant course by MBMG. You will have access to complete a course within the agreed term. After which, your access will be revoked.
For any Services offered on a payment or subscription basis, the following terms apply, unless MBMG or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you by MBMG in Australia Dollars and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
- A valid credit card acceptable to MBMG;
- A valid debit card acceptable to MBMG;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option MBMG provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. MBMG will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated in accordance with this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
You may, at any time, notify us if you want to cancel or terminate the subscription prior the beginning of the new subscription period. In the event that MBMG is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, MBMG has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or content in the Services. We suggest you retain your own copies of any data or Content that you may need as MBMG is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
9b Direct Debit Service Agreement – Go Cardless
The following is your Direct Debit Service Agreement with The Trustee for Small Stuff Trust No 1 (the “Merchant”). The agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with the Merchant. It also details what the Merchant’s obligations are to you as the Direct Debit Initiator.
We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.
Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement: means this Direct Debit Request Service Agreement between you and the Merchant Banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia
Debit day means the day that payment by you to the Merchant is due.
Debit payment: means a particular transaction where a debit is made
Direct debit request: means the Direct Debit Request between the Merchant and you
Merchant: means the organisation you have authorised by signing a direct debit request and as defined above
You: means the customer who signed the Direct Debit Request
Your financial institution: means the financial institution nominated by you on the DDR at which the account is maintained.
Debiting your account
By signing a Direct Debit Request, you have authorised the Merchant to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between the Merchant and you. The Merchant will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
If the debit day falls on a day that is not a banking day, the Merchant may direct your financial institution to debit your account on the following banking day.
If you are unsure about which day your account has or will be debited you should ask your financial institution.
Amendments by the merchant
The merchant may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days’ written notice.
Amendments by you
You may change, stop or defer a debit payment, or terminate this agreement by providing the Merchant with at least fourteen (14) days’ notification by contacting the Merchant during business hours or arranging it through your own financial institution.
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment:
a) You may be charged a fee and/or interest by your financial institution; and
b) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to
be in your account by an agreed time so that the Merchant can process the debit payment.
You should check your account statement to verify that the amounts debited from your account are correct.
If you believe that there has been an error in debiting your account, you should notify the Merchant directly. Alternatively, you can take it up with your financial institution directly.
If the Merchant concludes as a result of investigations that your account has been incorrectly debited the Merchant will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. The Merchant will also notify you in writing of the amount by which your account has been adjusted.
If the Merchant has concluded that as a result of investigations that your account has not been incorrectly debited,
the Merchant will respond to your query by providing you with reasons and any evidence for this finding in writing.
You should check:
a) With your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
b) Your account details which you have provided to us are correct by checking them against a recent account
c) With your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
The Merchant will keep any information (including your account details) in your Direct Debit Request confidential.
The Merchant will make reasonable efforts to keep any such information held secure and to ensure that any of the
Merchants employees or agents who have access to information about you do not make any unauthorised use,
modification, reproduction or disclosure of that information. The Merchant will only disclose information held about you:
a) To the extent specifically required by law; or.
b) For the purposes of this agreement (including disclosing information in connection with any query or claim to your Financial Institution).
The Merchant will notify you by sending a notice to the email address given in the Direct Debit Request. Should you need to contact the Merchant, please call or email the Merchant directly. Notice will be deemed to have been received at the time of transmission of the notification email.
10 Use with your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
TO THE EXTENT PERMITTED BY LAW, MBMG MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
11 Content and Use of the Services
Responsibility for Content and Use of the Services
a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant MBMG a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. MBMG is not responsible for any of your Content that you submit through the Services.
b. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by MBMG in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof
You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of MBMG or could subject MBMG to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in MBMG’s opinion, is prohibited under this Agreement; (v) any other activity that places MBMG in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an MBMG system or network or to breach MBMG’s security or authentication measures, whether by passive or intrusive techniques. MBMG reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. MBMG does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which MBMG is not responsible.
MBMG may freely use feedback you provide. You agree that MBMG may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant MBMG a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to MBMG in any way.
MBMG may monitor Content. MBMG may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect MBMG or its customers, or operate the Services properly. MBMG, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
12 Additional Terms
MBMG does not give professional advice. Unless specifically included with the Services, MBMG is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other MBMG Services. You may be offered other services, products, or promotions by MBMG (“MBMG Services”). Additional terms and conditions and fees may apply to those other MBMG Services. With some MBMG Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant MBMG permission to use information about your business and experience to help us to provide the MBMG Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.
MBMG may be required by law to send you communications about the Services or third party products. You agree that MBMG may send these communications to you via email or by posting them on our websites.
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact MBMG if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
13 Third-Party Products
By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. MBMG is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not MBMG, are solely responsible for their own actions or inactions. MBMG is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of MBMG or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
a. You must not misuse this Website. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
b. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
15 Course Expiry and Access
You can continue to access your course online as long as:
- the course remains active on our website;
- the course is not currently being reviewed or improved; and
- you have paid your account in full
16 Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
17 Refund and Cancellation Policy
You will be eligible for a full refund of fees paid if we cancel the nominated course before you have logged in to access the course. This will incur no administrative charges or penalties.
MBMG does not offer refunds or credit notes under ANY other circumstances due to our significant intellectual property and goodwill.
18 Disclaimer of liability
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
b. To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
c. This does not affect Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
19 Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
20 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
24 Governing Law and Jurisdiction
This Agreement will be governed by the laws of Queensland, Australia.
MBMG does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. MBMG prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.