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Vonto Terms of Use - Australia

A. App Terms and Conditions

Welcome to the Vonto app (“App”) or the Vonto website (“Website”).

The App and Website are provided by CBA New Digital Business Pty Ltd (ABN 38 633 072 830) (also referred to as “Vonto”, “us”, “we” or “our”), a wholly owned subsidiary of Commonwealth Bank of Australia (ABN 48 123 123 124) (“CBA”).

The App and Website are an online business management tool that provides a consolidated point of access to data relating to your business sourced from a range of software applications or websites (“Third Party Apps”) operated by third party providers (“Data Provider”). Vonto presents this data to you in a single platform (accessible through the Website and App) and, based on this data, Vonto provides information relevant to your business.

These Terms of Use apply to you in your personal capacity.  If you register to use the Website or App on behalf of a business (whether the business is a sole trader, company, corporation, partnership, firm, joint venture, association, trust, or unincorporated body of persons), then these terms also apply to that business. By registering to use the Website or App on behalf of a business, you confirm that you have obtained express consent from an authorised representative of that business to do so and will be able to provide us with a record of this consent if we request it. When we say “you” or “your”, we mean both you and the business you’re authorised to represent.

If you’re an accountant or other professional adviser and register a Vonto account on behalf of a business, you represent and warrant that: 

a) you will comply with these Terms of Use;

b) to the extent that you provide us with personal information concerning any business that you represent, you have express consent from an authorised representative of that business to do so and will be able to provide us with a record of this consent if we request it;

c) you are duly authorised to bind the business to these Terms of Use and will otherwise ensure that the business complies with these Terms of Use; and

d) you have all necessary consents, instructions, documentation (including all relevant credentials and account information) from the business to act on its behalf including to use, register with Vonto and with Third Party Apps, view User Data, manage and make decisions relating to the relevant Vonto Account. If there is reasonable doubt about your authenticity, we reserve the right to require additional authentication from you. We will not be liable to you or the business for any loss you incur due to any unauthorised access or use of the Vonto account.

Each individual registering to access your Vonto account (and all data contained within or accessible via your Vonto account) on your behalf (an “End User”) must have all necessary authority to do so (including to use, manage and make decisions relating to your Vonto Account) and must comply with these Terms of Use. Your End User(s) may continue to access and use Vonto until you close your Vonto account, or we suspend or terminate your, or your End User’s access to your Vonto account, in accordance with these Terms of Use.

Access to the App on your mobile is subject to technical requirements as set out in the Apple App Store or Android Play Store. You will only be able to use the App and Website with a compatible device.

For the purposes of these Terms of Use, “User Data” means all information and data:

a. supplied by you (and any End User) (or with your authority) into the App or Website in connection with your (and any End User’s) use of the App or Website; and

b. supplied to us from Third Party Apps, provided that you have explicitly requested that a Data Provider make such data available to the App or Website.

1. Your contract with us

Please read these terms carefully as they apply to your access and use of the Website and App and registration of a Vonto account. You (and any End Users) acknowledge that you (and any End Users) have received and read, and agree to be bound by these Terms of Use as amended from time to time.

Once registered with Vonto, you will be asked to connect to pre-advised accounts with Third Party Apps. We may require you supply us with certain registration information, including a valid email address.

If you or End Users (where applicable) do not agree to these Terms of Use you will no longer be able to use the App or Website and must uninstall the App immediately and delete your profile on the Website.

If we decide to transfer operation of Vonto (including the App or Website) to another entity (UtilityCo) we will notify you of the date of the transfer prior to it occurring and you will on receipt of that notification be required to accept the transfer before continuing to use the App or Website. From that date, these Terms of Use will operate between you and UtilityCo as if any reference to Vonto, “us”, “we” or “our” was a reference to UtilityCo. If you do not agree to the transfer you should not accept the transfer and cease accessing and using the App or Website (including, in the case of the App, by uninstalling it) immediately.

2. Accessing the App

If you register to use this App or the Website, then you (and all End Users) represent and warrant that:

a. All information and data provided by you (or any End Users) to us in connection with your (or any End Users’) use of the App or the Website is complete, accurate and not misleading as at the date it was provided and is your (or the End User’s) sole and exclusive property, or you (or the End Users) have secured any and all authorisation and rights to use the data;

b. You (and any End Users) will not use, or misuse, the App or the Website in any way which may impair its functionality;

c. you (and any End Users) will not use another person’s email address, identity or contact details;

d. you (and any End Users) will not copy, modify, translate, or otherwise create derivative works from any part of, or reverse engineer any part of Vonto (or attempt to do so, or assist anyone else to do so);

e. you (and any End Users) will not sell, transfer, or assign any rights you have in relation to this App or the Website – this includes sharing your access or information from the App or the Website with any other person;

f. you (and any End Users) are solely responsible for all activities that occur using your password and login whether or not you authorise the activity;

g. you (and any End Users) will not interfere with, or disrupt, the provision of Vonto or its use by anyone else;

h. your (and any End Users’) use of the App or the Website does not contravene the laws of Australia;

i. you (and any End Users) will not upload to Vonto and/or use it to store or transmit any malicious code or harmful programs designed to adversely affect the operation of any computer software, hardware or network;

j. you (and any End User) will not attempt to gain unauthorised access to Vonto, the server on which Vonto is stored or any server, computer or database connected to Vonto;

k. You (and End Users) are responsible for providing secure internet or wireless access, and for ensuring that your computer system and/or device(s) meet all the necessary technical specifications, to access and use Vonto;

l. You (and any End Users) will not create links to the Vonto website from any other website without our consent; and

m. you are solely responsible for maintaining the confidentiality of your (and any End User’s) password and login for restricting access to the device on which this App is installed or Website is accessed.

You (and End Users) are taken to repeat the representations and warranties in this clause each time you access the App or the Website.

You, and any End User, also agree that:

a. We will not be liable for any loss or damage that you or any third party suffer, howsoever caused, as a result of your failure to comply with your obligations in these Terms of Use;

b. We may reject the use of any email address or password for any reason in our sole discretion; and

c. All rights granted to you under these Terms of Use will terminate immediately if you (or any End Users) are in breach of any of them.

3. Third Party Service Providers

You acknowledge that we, our Associated Entities (as defined in the Corporations Act 2001 (Cth)), subcontractors or service providers may engage third party service providers to develop the App, the Website, any part of them and services made available on or relating to the App or the Website including to assist us to operate and maintain the App or the Website (Third Party Service Providers).

By creating an Account, you (and End Users) acknowledge and consent to that Third Party Service Provider receiving User Data (which may include your or End Users’ personal information) for the purpose of providing services to us to in relation to the App or the Website.

4. Third Party Applications

The App or the Website may contain links or connections to Third Party Apps that are not owned or controlled by Vonto and from whom you receive products or services. Each Third Party App and any data received by Vonto from the Third Party App, is provided and licensed in accordance with the terms and conditions specified by each Data Provider, and Vonto has no liability or responsibility to you in connection with any breach or alleged breach, claim or action arising from any Data Provider’s terms and conditions or the use of a Third Party App. We encourage you to be aware when you leave the App or the Website and to read the terms and conditions and privacy policy of each Third Party App that you visit or utilise. You acknowledge that a Third Party App may require you to sign certain terms and conditions governing the supply of User Data. You acknowledge that the User Data is provided to us by your Data Provider in accordance with those terms and conditions and that we have no liability to you in respect of the provision of the User Data. You agree that neither you nor any End Users (where applicable) will make any claim against us in relation to such User Data.

You acknowledge that in order for you or End Users to enjoy the benefit of the App, the App may extract User Data from a Third Party App if you have provided your consent when prompted by the Data Provider. Title to and all Intellectual Property Rights in any User Data remain your property unless you have agreed that it is owned by the Data Provider or other third party (in which case we may seek an assurance during the consent process that you and the Data Provider are authorised to permit its supply to us).To the extent any intellectual property rights are vested in any User Data, you (and End Users as applicable) grant us and our employees, Associated Entities (and Associated Entities’ employees), and Third Party Service Providers a perpetual, irrevocable, royalty free, sub-licensable, transferable licence to store, host, use, copy, reproduce, modify, aggregate and adapt your User Data to enable Us to provide the App or the Website.

If you provide your consent to the Data Provider, and we receive User Data from the Data Provider, you consent to us:

a. storing any User Data in servers located in countries outside of Australia including New Zealand, United Kingdom, Ireland, United States and Singapore;

b. converting your User Data into a format that is compatible with Vonto, and to make this available to you via the App;

c. aggregating, modifying and/or creating new data from your User Data, with any other User Data and/or into a different format (“Derived Data”); and

d. make whatever arrangements are necessary, with the Data Provider, to enable the supply of your User Data to Vonto.

You have the option of using a pseudonym when dealing with us so as not to identify yourself fully to us. Please bear in mind, however, that we will be unable to provide certain services to you unless you disclose your correct identity.

We do not guarantee that:

a. Data Providers will provide User Data in a complete or usable form, or that the User Data they provide will be accurate, correct or up-to-date (as this is the responsibility of the Data Providers); or

b. Any other information that we provide to you on or via Vonto is up-to-date, correct or complete.

5. Privacy

Our collection, use, disclosure and retention of any personal information that you (and End Users) give us on registration, and any information that you submit or we obtain from your use of Vonto or our related services, will be governed by CBA’s Privacy Policy and Vonto’s Privacy Collection Notice.

While we do our best to ensure that overseas third parties handle your personal information in a manner consistent with the Australian Privacy Act and the privacy principles contained in it, we do not guarantee all overseas jurisdictions have privacy laws with privacy protections at least equivalent to those of Australia and have effective mechanism to enforce those protections. We may disclose your (or End User’s) information to government agencies and authorities to comply with any applicable legal or regulatory requirements.

As outlined in the Vonto’s Privacy Collection Notice, we may provide your information to Data Providers, if you have consented for us to do so, for the purpose of enabling them to contact you about services and/or products they offer. If we provide your information to a Data Provider, the Data Provider’s use of your information will be subject to the Data Provider’s privacy policy.

We may also exchange your (or End User’s) information with any regulator or law enforcement agency, who may request personal or transactional information or require that it be lodged for any reason.

6. No Substitute for Professional Advice

Any information provided to you and any End Users (where applicable) via the App or the Website is intended to provide insights relevant to your business based on the User Data. As such, the insights may not necessarily have regard to your business’ financial situation or needs and is not intended to serve as a substitute for professional advice. Before acting upon any insights provided via the App or the Website, you and any End Users (where applicable) should consider its appropriateness to your circumstances and seek professional advice. We will not be liable to you for any loss or damage incurred as a result of your use of or reliance on any User Data or insights relating to any User Data. As individual circumstances differ, you and any End Users (where applicable) should seek appropriate professional advice.

7. How to protect your account

You (and any End User) must act with care in protecting your account, PIN, username and password and treat such information as confidential.

To prevent third parties accessing your account, please ensure you (and End Users) lock your mobile device when not in use and end your session by logging off the App or the Website when the App or the Website is not in use.

If you believe your mobile device has been lost or stolen, or you suspect your PIN or password or account details have become known to someone else, notify us immediately.

8. Fees and charges

There are currently no fees charged by us for using the App.

9. Making a complaint

We try to get things right the first time – but if we don’t, we will do what we can to fix it. You can fix most problems simply by emailing us at Vonto-Support@cba.com.au. However, if you need to make a complaint, please also email us at Vonto-Support@cba.com.au. We will:

a. keep a record of your complaint;

b. give you a reference number and a staff member’s name and contact details so you can follow up with them if needed;

c. respond to the complaint within 21 days, or tell you if we need more time to complete our investigation;

d. if unresolved within 45 days, we will contact you to notify you of the reason for the delay, date that you can expect to hear the outcome; and

e. if we can’t complete our investigation within 45 days, we will provide you with monthly updates let you know why.

The App and the Website is not provided by Apple, Google or any third party distributor of the App or the Website. Accordingly, any queries or complaints regarding the App or the Website (including but not limited to issues relating to intellectual property) should be directed to us and not to Apple or Google. This condition applies for the benefit of Apple, Google and any third party who distributes the App or the Website.

10. When we may limit or withdraw the App or the Website or end this agreement

We reserve the right to, at any time, limit or withdraw your (or any End User’s) access(or disable your log-in rights) to the App or the Website or any of the features:

  • (a) without first telling you and without explanation;

  • (b) in our sole discretion (for any or no reason); and 

  • (c) without us incurring any liability.

Even after your App or the Website registration is terminated or suspended, these Terms of Use will remain in effect and you will remain bound by them except that your right to access or use the App or the Website will terminate or be suspended.

Should we exercise our rights under this clause, you acknowledge that your personal settings and other saved data may be lost, and Vonto is not responsible for any such loss.

11. Notifications

Certain functionality on this App requires you or any End Users (where applicable) to elect to allow distribution of alerts which may be via a push notification service. Alerts will be sent to your or any End Users’ (where applicable) registered mobile device, where it has push notifications enabled. This may include where you or an End User (where applicable) have paired your or an End User’s (where applicable) device to a smart watch. Alerts could be seen by others (including unauthorised persons) who use or access your or an End User’s (where applicable) device or who are able to see your or an End User’s (where applicable) smart watch.

Please check the notifications settings on all your and any End Users’ (where applicable) devices to ensure the privacy and alerts settings are appropriate for your and any End Users’ (where applicable) use. You or any End Users (where applicable) may not be able to use certain services, or you or any End Users (where applicable) may miss certain deadlines, if alerts are switched off.

You acknowledge that delivery of notifications and alerts may be subject to the quality of your connection and it is your responsibility to check any information before acting on it.

All alerts will be sent to you and managed in accordance with CBA’s Privacy Policy and Vonto's Privacy Collection Notice. We reserve the right to suspend or discontinue the alerts services at any time without notice.

12. Intellectual Property

You acknowledge that title to and all intellectual property rights (including copyright, trademarks and patents) in respect of the App and the Website (including but not limited to all features and insights provided to you as part of your and any End User’s use of the App and Website) and all software, services, documentation and products offered by Vonto are owned by Vonto or its licensees

Subject to these Terms of Use, while you are a registered user of the App or the Website, Vonto grants you (and any End User) a personal, non-exclusive, non-transferable, limited and revocable license to use the Vonto App or the Website for the sole purpose of accessing the App or the Website for your normal business purposes on a compatible device owned by you.

You and any End User’s acknowledge that the App and Website are supplied on a software-as-a-service basis, and nothing in these Terms of Use grants to you any right to receive a copy of any of the software comprising the App or Website, or to deal with the App or Website in any way, except and only to the extent implied by the means of access to the App or Website provided by Vonto. Any use of this App or the Website (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of this App or the Website is prohibited.

By using this App or the Website you (and End Users) agree that

a. you and any End Users do not have any right, title or interest in or to any proprietary rights relating to the information, features, functionality insights or other data contained in this App or the Website (for the avoidance of doubt your ownership in User Data is not affected); and

b. you and any End Users will not reproduce information obtained by using this App or the Website except where such reproduction is for your own use in accordance with these Terms of Use.

13. Liability

(a) We do not warrant that the App or the Website will meet your requirements or that it will be suitable for any particular purpose.To the maximum extent permitted by law, and any other warranties, conditions rights or guarantees imposed by law which cannot be excluded (“Non-excludable Rights”), we do not make any representations or warranties, either express or implied, as to the availability, merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, authenticity, currency, availability, completeness or quality) with respect to your (or End Users’) use of the App or Website.

(b) To the maximum extent permitted by law, and any other rights imposed by law which cannot be excluded, our maximum aggregate liability to you (or any other person including but not limited to End Users) in contract, including for one or more breaches of any express term or Terms of Use, tort (including negligence), statute or otherwise, is limited to AUD500. For liability in relation to breach of any Non-Excludable Rights, to the extent permitted by applicable law, our liability is limited, at our option, to the cost of repairing or replacing any defective goods, or supplying again or paying the cost of having supplied again any defective services.

(b) To the maximum extent permitted by law, in no event shall we (including but not limited to our officers, directors, employees or agents) be liable to you (or any other person including but not limited to End Users) in contract, tort (including negligence), or otherwise, for any special, indirect, incidental or consequential loss or damage of any kind, loss of information, data, profits, savings and goodwill) or damage relating to or resulting directly or indirectly from any use of, or reliance on, the App or Website.

(c) No Data Provider will be liable to you or any End Users for any loss that you suffer as a result of (i) your (or any End Users’) use of the App or Website or (ii) any alteration that you or an End User or we make to any User Data that is supplied by the Data Provider for use in relation to Vonto, or (iii) any interpretation of that User Data that we provide to you or an End User.

14. Indemnities

You indemnify and keep us, our employees, Associated Entities, Third Party Service Providers and Data Providers indemnified against, and must pay us on demand against all claims, actions, suits, losses, defaults, liabilities, expenses, costs (including legal costs) and damages that we may incur or suffer arising out of your breach or your obligations under these Terms of Use, the Privacy Collection Notice or a negligent act or omission by you.

The indemnity under this clause is a continuing obligation and will continue after your access to the Platform is terminated.

15. Availability

We make no representation and do not warrant that all services and functions offered through the App or the Website are available at all times. In the event that the App or the Website is not available, we will seek to implement CBA’s business continuity and disaster recovery plan in relation to the App or the Website.

16. Security Requirements

You and End Users must use all reasonable endeavours to avoid introducing viruses or other harmful or surreptitious (each a “Malware”) into the App.

If you or any End Users detect (or reasonably suspect) that Malware has been introduced into the App or the Website:

  • (a) You or the End User must promptly inform us upon such detection (or reasonable suspicion): and

  • (b) You or the End User must provide all relevant information and reasonable assistance to us in order to allow us to investigate and remedy or remove the Malware.

17. Other things you should know

17.1 Changes to these Terms of Use

We may change these Terms of Use at any time. We will notify you of any material changes by electronic notice to you via your device, the App Store (in relation to the App) or the Website. Your (or an End User’s) continued use of this App or the Website after any such variation or modification will be taken to be an acceptance of the latest version of these Terms of Use. If we make a change that you are not happy with, you and any End Users should cease using the Website or the App and uninstall the App immediately.

17.2 Severability

If any provision or part of any provision of these Terms of Use is deemed invalid, this will not affect the validity of the remaining provisions or part the remaining part of the affected provision of these Terms of Use, which will remain in full force and effect.

17.3 Waiver

A failure by Vonto to assert any right under these Terms of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.

17.4 Assignment

You cannot assign or otherwise transfer any of your rights granted under these Terms of Use without the prior written consent of Vonto. Vonto can assign or otherwise transfer any of its rights under this agreement at any time.

17.5 Links

Any links to third party sites appearing in this App or the Website are provided for your convenience only. Your access of third party sites using these links is done at your own risk.

17.6 Applicable law

These Terms of Use are governed by, and will be construed according to, the laws of the State of New South Wales.

By using this App or the Website you irrevocably submit to the jurisdiction of the Courts of the State of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms of Use.

17.7 Compliance

You acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and represent that you or any End Users are not in a location that is subject to a government embargo.

17.8 Contact

If you have any questions or comments relating to this App, the Website or these Terms of Use please do not hesitate to contact Vonto as follows:

Contact details: Vonto-Support@cba.com.au