In these terms, "we", "us" and "our" means CBA New Digital Businesses Pty Ltd (ABN 38 633 072 830) of Ground Floor Tower 1 Darling Park, 201 Sussex Street, Sydney NSW. We are a wholly owned subsidiary of the Commonwealth Bank of Australia (ABN 48 123 123 124 and AFSL 234945) (CBA).
Please read these terms carefully as they apply to your access and use of this website, including any content on it (the Site). By accessing or using the Site you agree to be bound by these terms.
These terms apply to you in your personal capacity. If you register to use the Site for the purposes of a business (including one that is established after you first register to use the Site), then these terms also apply to that business, and you confirm that you have authority to agree to these terms on behalf of that business.
Because we use some technology licensed to us from U.S. suppliers, you must not use the Site if you are named on a U.S. government exclusion list, and you must immediately discontinue the use of the Site if you become placed on any such list.
Certain parts of the Site or features we make available may be subject to separate or additional terms. Your use of those parts of the Site or features constitutes your acceptance of those terms.
The majority of the Site is only accessible to users that have created an account with us. When you create a new account, you will be required to provide your email address and select a password that meets our minimum password requirements (Credentials). You can change your password using the functionality within the Site, or by using our “forgotten password” functionality.
You must keep your Credentials secure and confidential, and not permit any other person to use them. You are responsible for all activities that take place using your Credentials. If you suspect any unauthorised use of your Credentials, you must immediately notify us.
3. Our IP
The Site and all associated intellectual property rights (Our IP) are the sole and exclusive property of us or our licensors. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or, except for the licence granted in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
We grant you a limited, non-transferable licence to access and use Our IP solely for your own personal purposes and (where you are accessing the Site for the purposes of a business) the internal business purposes of that business. Any access, use or copying of the Site for any other purpose is expressly prohibited.
4. Your Content
Any data, information or material that you provide to us (including via the Site) (Your Content) will remain owned by you, and does not form part of the “Site” or “Our IP” for the purposes of these terms.
You grant us a royalty-free, perpetual licence (including a right of sublicense) to use, copy and modify Your Content in connection with our provision of the Site and as otherwise contemplated by these terms. We will keep Your Content confidential as described in clause 8.
Our Site is not intended as a system of record, and we cannot ensure that Your Content remains accessible at all times. You may also lose access to Your Content if we take any actions described in clause 11. Accordingly, you must ensure that you keep a separate copy of Your Content.
5. Third party products and services
5.1 Third Party Products
We may provide you with the ability to access products and services offered by third parties via functionality embedded within the Site (Third Party Products), including:
the Australian Taxation Office (ATO) (ATO Products);
the Australian Securities and Investment Commission (ASIC) (ASIC Products); and
our “exclusive perks” pages provided by Poshvine (Poshvine Products);
ATO. We are a Registered Software Developer (DSP-42605), and provide the means by which you may electronically submit certain information to the ATO using their standard business reporting capabilities. Any such capabilities provided by the ATO are provided subject to the terms available at https://www.sbr.gov.au/sbr-products-register/sbr-end-user-agreement, which you agree to be bound by if you use this functionality. Clause 5.1(e) also applies to any ATO Products.
ASIC. We are an ASIC Registered Agent (No. 45583) and an Approved ASIC Digital Service Provider . As an Approved ASIC Digital Service Provider, we are a private service provider and independent of ASIC. Company and business name availability checks are dependent on the ASIC Check Name Availability Register (ASIC Register). Clause 5.1(e) also applies to any ASIC Products.
The following terms apply to any ATO Products and ASIC Products:
by accessing and using any ATO Products or ASIC Products, you authorise us to submit the relevant document or process the relevant transaction on your behalf. You acknowledge that the submission of a document or the processing of a transaction does not guarantee that it will be accepted by the ATO or ASIC (as applicable);
you warrant that any information or documents that you have provided are accurate, complete and up-to-date and do not contain any false or misleading information, and to the extent that a document has been submitted in the current approved form, it has been fully completed, is unlikely to require typographical correction and you have no reason to believe that it will be rejected for lodgement by the ATO or ASIC;
you remain responsible at all times for the documents and transactions that you submit via the ATO Products and ASIC products. For example, you must ensure that the registration and use of a business name by you does not infringe any rights, include trade marks, of any third party; and
because errors or delays may occur, you should not act on the basis that any document or transaction you submit via the ATO Products or ASIC Products has been successfully lodged or processed unless and until you have received a confirmation to that effect, for example a record of registration for a business name.
5.2 Third Party Links
In addition to the Third Party Products, the Site may contain:
links to third party products, services or websites; and
advertisements that include embedded links, (Third Party Links) including Third Party Links to financial products issued by CBA such as Business Transaction Accounts (CBA Products). Third party websites may also contain links to the Site.
Except in relation to Third Party Links to CBA Products, the inclusion of any Third Party Links on the Site, or any links from a third party website, does not imply that we endorse, support or sponsor the relevant third party or their products, services or website. We are not responsible for any third party products, services or websites
We may participate in programs under which we may receive a commission or other monetary compensation in connection with the referral of visitors of the Site to advertisers and other third parties, including the providers of Third Party Products. We may also recommend the use of related party services by providing Third Party Links to CBA Products and CBA may, as part of offering the financial products, receive payment of account fees, charges, and other product-related fees applicable to those financial products.
6. Your Obligations
You must not, when using the Site:
provide us with inaccurate or incomplete information;
distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer systems;
use the Site or Our IP in any manner that is not expressly permitted under these terms;
use the Site or Our IP for any purpose that is unlawful or that would give rise to any civil or criminal liability for yourself, us or any third party;
remove, alter or obscure any identification, copyright, trademark or other proprietary notices, labels or marks (if any) on the Site;
collect or store data about other users of the Site;
attempt to gain unauthorised access to, or disrupt the integrity or performance of, the Site; or
use the Site in any other manner that adversely impacts the ability of others to use the Site.
You must ensure that Your Content:
does not infringe the intellectual property or other rights of another person;
is not defamatory, offensive, abusive, obscene, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
where you use our support chat bot, complies with the Intercom acceptable use policy at https://www.intercom.com/legal/acceptable-use-policy; and
would not otherwise result in civil or criminal liability for you, us or any third party.
We may review Your Content, and remove it if we believe it violates these terms.
We do not currently impose any fees for the access to and use of the Site. The providers of Third Party Products may, however charge a fee for the access to and use of those Third Party Products, and we may include payment mechanisms provided by these providers of Third Party Products within the Site to enable you to pay fees directly to them.
8. Privacy and confidentiality
Each party may only use the Confidential Information of the other party for the purposes of performing their obligations, and exercising their rights, under these terms, and subject to the remainder of this clause must keep such Confidential Information confidential.
Each party may disclose the Confidential Information of the other party:
(where we are the disclosing party) in connection with our provision of the Site, including to our contractors, professional advisers, related bodies corporate, and to the providers of any Third Party Products that you choose to use;
to the extent required by law or in order to comply with any rules or regulations of any internationally recognised securities exchanges; or
with the prior written consent of the other party.
We may also use Your Content in an aggregated, anonymised form for the purposes of monitoring and improving our Site, for our own internal business improvement purposes, benchmarking, market and industry research, and use in commentary, media releases and other publications.
For the purposes of this clause 8, Confidential Information means any information of whatever kind which a party discloses or reveals to the other party under or in relation to these terms that:
is by its nature confidential;
is designated by the disclosing party as confidential; or
the recipient knows or reasonably ought to know is confidential, including (where we are the disclosing party) Our IP that is only accessible to registered users and (where you are the disclosing party) Your Content, but does not include information that:
is published or has otherwise entered the public domain without a breach of these terms, including any of Your Content that you disclose on any social network services;
is obtained from a third party, rightfully free of any obligation of confidence; or
is independently developed without a breach of these terms.
You acknowledge that we do not intend to provide any legal, financial, taxation, accounting or other professional advice. The Site does not contain advice that has been tailored for you or your circumstances. Any advice on the Site or contained in any content on the Site is general advice only. We make no warranty as to the form, content or appropriateness of the Site for you and recommend that you seek legal, financial, accounting and other professional advice in connection with your use of and reliance on the Site.
Some of the information on the Site may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information, nor any other information on the Site, will always be accurate, up-to-date or complete.
10. Warranties and liability
Subject to paragraph (d), all express or implied guarantees, warranties, representations, statements, terms and conditions which are not expressly set out in these terms are excluded.
In particular, and without limiting paragraph (a):
while we endeavour to provide a convenient and functional Site, we do not guarantee that:
the information and materials found or offered on the Site will be suitable for your particular purposes; or
your use of the Site will be uninterrupted, error free or that the Site is free of viruses or other harmful components;
the Site may, from time to time, be unavailable due to scheduled maintenance, system or software updates, upgrades, or changes and operational procedures; and
we are not responsible for any loss, corruption or interception of data sent to or from the Site which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
Nothing in these terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any guarantee, term, condition or warranty is implied or imposed in relation to these terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to paragraph (d) and our obligations under the Non-Excludable Provisions, to the maximum extent permitted by law our maximum aggregate liability for all claims arising under or relating to these terms or their subject matter in each calendar year, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AU$100.
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or loss of business, goodwill, reputation or for business interruption.
A party’s liability to the other is diminished to the extent that the acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You must indemnify us against any claim, proceedings, loss, damage, fine, penalty, interest and expense arising out of or in connection with your breach of these terms (including but not limited to clauses 1(d) and 6(b)).
11. Suspension and termination
You may terminate your registration at any time by contacting us at firstname.lastname@example.org. We will require you to provide us with information to confirm your identity.
vary these terms, including by introducing fees for use of the Site;
modify, suspend or cease the Site or access to any Third Party Products; and
suspend or terminate your access to and use of the Site and your access to any Third Party Products if we reasonably believe that you have breached any of these terms and that breach is either not capable of remedy or is not remedied within 7 days after we notify you of that breach.
We will provide you with 30 days notice of any action taken under paragraph (b)(i) or (except as it relates to Third Party Products) paragraph (b)(ii), if we determine in our reasonable discretion that such action will negatively impact you.
Your continued use of the Site following any variation referred to in paragraph (b)(i) will constitute your acceptance of the variation.
12. Infringing or objectionable content
If you believe that the Site contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at email@example.com, and provide particulars of such content and a detailed description of why it is objectionable or infringing.
13. Linking to our Site
We encourage you to provide links to the Site. While you may use the name “Backr” in the text of any such link, you may not use the Backr logo or the rest of Our IP without our prior written consent. You must not frame the Site, or represent or imply that any part of the Site belongs to anyone other than us (or our licensors). If we notify you that we object to the manner in which you provide links to the Site, you must immediately cease providing such links.
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts that exercise jurisdiction in of New South Wales, Australia.
These terms constitute the entire agreement between us and you in relation to your use of the Site and supersede all other communications or displays whether electronic, oral, or written, between us and you in relation to such use. However nothing in these terms limits any liability either party may have in connection with any representations or other communications (either oral or written), which liability may not be excluded by law.
Your use of the Site is conducted electronically and we may communicate with you electronically for all aspects of your such use, including sending you electronic notices (which will be sent to the email address associated with your account).
The provisions of these terms which by their nature survive termination or expiry of these terms will survive termination or expiry of these terms.
No waiver, delay or failure by a party to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right either party may have.
The word “including” when used in these terms is not a term of limitation.
Date of last revision: 30 September 2020