Budget Forecast - Terms and Conditions of Use

Budget Forecast allows you to setup, manage and synchronise your personal budget with other devices in real-time, all within a simple, easy-to-use interface. Creating a personal budget will help you keep control of your finances and work out how much money you need to put away on a regular basis to meet your savings goals.

Budget Forecast is an online application that allows you to setup and manage your personal budget, to help you keep control of your finances and work out how much money you need to put away on a regular basis to meet your savings goals. The Application can also synchronise your personal budget with across multiple devices in real-time.

The Application is provided to you by Budget Forecast and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.

The Application will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Application. Budget Forecast reserves the right to change these terms at any time, effective upon the posting of modified terms, and Budget Forecast will make every effort to communicate these changes to You via Application updates. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available within Application or on the website budgetforecast.bitbucket.org (not available yet).

By accessing or using Budget Forecast, You agree to be bound by these Terms and by our Privacy Policy, whether or not You are a registered user of our Application. These Terms apply to all registered users and any others who access the Application.

DEFINITIONS

• “Agreement” means these Terms of Service.
• “Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Application but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
• “Data” means any data inputted by You or with Your authority into the Application.
• “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
• “Application” means the application or website described and provided by Budget Forecast, whether accessed directly, or through third party applications.
• “Website” means the Internet site at the domain budgetforecast.bitbucket.org or any other site operated by Budget Forecast.
• “User” means the registered user for the Application, and, where the context permits, includes any entity on whose behalf that person registers to use this Application.
• “You” means the Ordinary User and / or Subscriber, where the context permits. “Your” has a corresponding meaning.

PRIVACY AND YOUR INFORMATION

For information about Budget Forecast’s data protection practices, please read the Budget Forecast Privacy Policy, which details our protection of your private and personal information when you access Budget Forecast and use the Application. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

YOUR REGISTRATION INFORMATION

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 Application. That Login ID and password, together with any other information you provide at signup form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Budget Forecast immediately via budgetforecastapp+security@gmail.com.

YOUR USE OF THE SERVICE

Your right to access and use Budget Forecast and the Application is personal to you and is not transferable by you to any other person or entity. You must access and use Budget Forecast and the Application for lawful purposes and in accordance with these Terms and Conditions.

Accurate records enable Budget Forecast to provide the highest level of service to you. In order for the Application to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Application will be affected.

Your access and use of Budget Forecast may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Budget Forecast or other actions that we elect to take.

You also agree that Budget Forecast may use your feedback, suggestions, or ideas in any way, including in future modifications of the Application, other products or services, advertising or marketing materials. You grant Budget Forecast a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Budget Forecast in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Budget Forecast reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or (c) where we conclude that your conduct violates our rights or those of another party.

You acknowledge that Budget Forecast may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Application features and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF BUDGET FORECAST WITH OTHER DEVICES

Use of this Application may be available through a compatible mobile device, Internet and/or network 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, BUDGET FORECAST 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 OTHER 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. ONLINE, EMAIL AND MOBILE ALERTS.

Budget Forecast may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Budget Forecast account, such as a change in your Registration Information.

These alerts provide you with alert messages for your accounts. Budget Forecast may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your user settings.

Electronic alerts will be sent to the email address you have provided as your primary email address for Budget Forecast. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.

Alerts may include your Budget Forecast Login ID and transaction and other information about your accounts, depending upon which alerts you select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to Budget Forecast through the Application, you are licensing that content to Budget Forecast solely for the purpose of providing the Application. Budget Forecast may use and store the content, but only to provide the Application to you. By submitting this content to Budget Forecast, you represent that you are entitled to submit it to Budget Forecast for use for this purpose, without any obligation by Budget Forecast to pay any fees or other limitations.

Budget Forecast will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Budget Forecast to use and store information submitted by you to the Application (such as account passwords and usernames) to accomplish the foregoing. You understand and agree that the Application is not sponsored or endorsed by any third parties accessible through the Application.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Application and the content on the Application (including the software, design, text, data, icons, logos, copyrights, designs, trademarks, concepts sound recordings and graphics comprised in the Application) (“Intellectual Property”) belongs to Budget Forecast or its licensors, advertisers or affiliates.

Budget Forecast retains all right, title, and interest in and to the Application and all related content and Intellectual Property, and nothing you do on or in relation to the Application, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any content on the Application.

You may download and view content or print a copy of material on the Application for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of Budget Forecast belong or are licensed to Budget Forecast or its software or content suppliers. Budget Forecast grants you the right to view and use the Application subject to these terms. You may download or print a copy of information provided on the Application for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Budget Forecast in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE INTERFACE

You agree that you will not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Budget Forecast or any portion of Budget Forecast or the Application, without Budget Forecast’s express written consent, which may be withheld in Budget Forecast’s sole discretion;
• Interfere with the computer systems which support the Application; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• Collect or store personal data about other users of the Application;
• Impersonate or falsely represent your association with any person or organization;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Budget Forecast, other than the search engines and search agents available through the Application and other than generally available third-party web browsers (such as Microsoft Explorer);
• Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
• Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Budget Forecast or the Application; or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Budget Forecast or the Application.

Furthermore, Budget Forecast does not warrant that functions contained in the Application, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Budget Forecast or our hosting server, are free of viruses or bugs.

SOCIAL MEDIA CONNECTIONS

Budget Forecast may provide experiences on social media platforms such as Facebook® and Twitter® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content as Budget Forecast bears no obligations in respect of such information posted on such websites.

USAGE LIMITATIONS

Use of the Application may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Budget Forecast’s programming interface. Any such limitations will be specified within the Application.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Budget Forecast, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Budget Forecast limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

You specifically acknowledge that Budget Forecast shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Application is controlled and offered by Budget Forecast from its facilities and makes no representations that the Application is appropriate or available for use in any locations. Those who access or use the Application from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Budget Forecast, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Application.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

We provide these Terms with our Application so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Budget Forecast without restriction.

GENERAL

You agree that: (i) These Terms and Conditions are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales; and (ii) the Application shall be deemed a passive online application that does not give rise to personal jurisdiction over Budget Forecast, either specific or general, in jurisdictions other than New South Wales, Australia. These Terms, together with the Privacy Policy and any other legal notices published by Budget Forecast on the Application, shall constitute the entire agreement between you and Budget Forecast concerning the Application. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms shall be deemed a further or continuing waiver of such term or any other term, and Budget Forecast’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and Terms agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms and Conditions constitute the entire agreement between Budget Forecast and you in relation to the Application and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Application. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.