Boomeringo Terms & Conditions

1. Agreement

This Agreement forms the entire agreement between Boomeringo Pty Ltd (ACN 166 657 932) ("Boomeringo" "us" "we" "our" "Licensor") and Users ("you") under which Boomeringo provides services via Software through www.boomeringo.com ("site") and through the Boomeringo mobile device application ("app"). By accessing, installing, copying or otherwise using the Software, Users ("you") agree to be bound by these terms and conditions. These terms and conditions may be updated from time to time at our discretion and the current version will be made available on the site. Users are responsible for reviewing and keeping informed of any changes to these terms and conditions. Your acceptance of amended terms and conditions is implied by the continued use of the Software.

2. License

Your use of the software is subject to a license hereby granted by Boomeringo for the non-exclusive, non-transferable, limited right to use the Software on a computer or mobile device, unless otherwise specified by Boomeringo. This license commences on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Boomeringo's termination of the license. Boomeringo retains the discretion to terminate your license immediately and without further notice if you attempt to circumvent any technical protection measures implemented in connection with the Software. All rights not specifically granted under this Agreement are reserved by Boomeringo and, as applicable, its licensors. Boomeringo retains all ownership and proprietary rights in the Software.

3. Provision of Services

Boomeringo provides a data analysis service to Users. Boomeringo uses a third party software platform provided by Yodlee Inc to allow Users to access their personal bank account transactions. All data transferred between Yodlee and Boomeringo is encrypted and de-identified through the use of a unique personal identifier.

We rely upon the information that is collected from the bank accounts nominated by Users. We collate the information obtained from a User's bank accounts and produce an analysis of expenditure and income in the form chosen by the User. Users can choose to receive an analysis of their financial activity over a time period or by category. Users can also choose to create a budget and receive alerts from Boomeringo as well as bill payment reminders. Boomeringo's tools and services are limited to the information that is made available to us by the User. We do not claim to provide a holistic analysis of a User's entire financial position. Boomeringo does not provide any advice or opinion about Users expenditure. We provide tools that the User may choose to utilise. We recommend that Users seek independent financial advice for specific advice about your personal financial circumstance.

Boomeringo reserves the right to make changes to the Software, its operation and application at any time without prior notice to Users. Boomeringo will take steps to ensure the ongoing effective operation and maintenance of the Software and take steps to repair technical issues that arise from within the Software within a reasonable time, with the limitation that the issues are of a global nature, and do not arise from individual use. Boomeringo uses one of the highest levels of security to protect our Software from third party interference.

4. Payment

We reserve the right to implement charges for the services that we provide. Users will be notified if a charge is imposed and will have the option to discontinue the use of the service.

5. Cancellation

Users can cancel the use of our services at any time. Cancellation will result in Boomeringo deleting all of the User's information. In order to terminate a User must choose to permanently delete the account via the User's Profile tab in the Settings menu. Simply not logging on to the website or deleting the app will not give effect to termination and deletion of your information.

6. Conditions of Use

  • 6.1 Users agree to use the Software for its proper purpose in accordance with these terms and conditions, and the license provisions contained herein
  • 6.2 Users agree to supply Boomeringo with information that is true and correct and not false or misleading
  • 6.3 Users agree to only use the Software with authority of the bank account holder.
  • 6.4 Users agree to use the Software in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Boomeringo, the Software or to the goodwill relating to the services provided under this agreement.
  • 6.5 Users acknowledge and agree to the use of a third party platform provided by Yodlee Inc. which allows Users to access their online banking accounts via the Boomeringo site or app
  • 6.6 Users agree to the transfer of de-identified, encrypted data between Yodlee Inc and Boomeringo
  • 6.7 Users agree to use the Software and the services in accordance with the technology and systems as provided. Boomeringo will not make changes to its technology, systems or processes to accommodate individual needs.
  • 6.8 Users agree not to:
    • (i) Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent from us;
    • (ii) Make a copy of the Software or any part thereof;
    • (iii) Reverse engineer, decompile, disassemble, and/or prepare derivative works based on the Software, in whole or in part;
    • (iv) Otherwise modify the Software, in whole or in part;
    • (v) Remove or modify any proprietary notices, marks or labels contained on or within the Software;
    • (vi) Use the Software in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;
    • (vii) Use the Software in a way that terminates these terms and conditions;
    • (viii) Use technology or other means that is not authorised by us to access the Software;
    • (ix) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Software;
    • (x) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • (xi) Gain or attempt to gain unauthorised access to the Software including the networks or user accounts;
    • (xii) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Software servers or networks.

7. Warranty and Indemnity

Boomeringo is a company incorporated under the laws of Australia and is an entity capable of suing and being sued. Boomeringo provides the services described in this Agreement in accordance with the Australian Consumer Law. The following exclusions and limitations apply to the extent permitted by law.

We do not warrant the performance in any manner of the Software on individual computers and devices. We are not liable for any third party interference with the Software on a User's computer or mobile device. Boomeringo does not warrant that the Software will meet individual requirements, that the operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware. While we will use reasonable endeavours to rectify errors arising from within the Software we do not warrant that all errors in the Software will be corrected. We are not responsible for rectifying errors that arise from individual use or installation of the Software.

We are not responsible for rectifying errors that arise with our third party platform provider Yodlee Inc. Nor are we liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.

Boomeringo does not verify the information collected from the User's banking institution. To the extent provided by law, we are not liable for any damages resulting from the possession, use or malfunction of the software including but not limited to property damage, loss of profits or goodwill. You agree to indemnify, Boomeringo, its partners, licensors, affiliates, contractors, officers, directors, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Software pursuant to the terms of the Agreement.

8. Intellectual Property

Boomeringo retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by Australian copyright and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Boomeringo. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be violating the copyright laws and may be subject to civil and criminal penalties in Australia or their local country.

9. Termination

This Agreement is effective until terminated by either party. For termination to be effective, a User must cancel our services in accordance with clause [5] of these terms and conditions. Boomeringo has the right to terminate the service to a User, immediately and without notice, in the event of a breach of these terms and conditions

Upon any termination, you must permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control including from any client server or computer/device on which it has been installed.

10. Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Australian and the State of Victoria. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be considered void to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

11. Apple App Store Additional License Terms

These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Software is provided to you through the Apple Inc. ("Apple") App Store, then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the Software. In the event of any failure of the Software to conform to the Limited Warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price (if any) for the Software. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Apple is not responsible for such claims. You must comply with the App Store Terms of Service, including the Usage Rules. The license to the Software is a non-transferable license to use the Software only on an iPhone, iPad or iPod touch that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. Apple is a third party beneficiary to this Agreement and may enforce this Agreement against you.

All other terms and conditions of the Terms and Conditions apply to your use of the Software.

12. Android Market Additional License Terms

These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Software is provided to you through the Google Play Android Market ("Google"), then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Google. You acknowledge that Google has no obligation to furnish any maintenance or support services to you in connection with the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Google is not responsible for such claims. You must comply with the Google Play Terms of Service, including any usage rules.

13. Complaints

Any complaints can be made to info@boomeringo.com