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Terms of Service – My Home Plan

General Statement

The following terms and conditions (Terms) govern your use of the My Home Plan Technology.

‘My Home Plan’ is a budget coaching assistance provided to home loan applicants that are not yet eligible for a home loan and who have requested that Resolve Finance provide them with a ‘plan’ that will assist them to achieve their home ownership goals.  In these Terms, you refers to a person who has registered a Bank Account via the My Home Plan Technology.

The My Home Plan Technology provides you with access to a portal or mobile application to be used in conjunction with your Finance Coach (a representative of Resolve Financial Solutions Pty Ltd ACN 079 545 378 Australian Credit No. 385487 (Resolve Finance, we, us, our) for the purposes of budgeting and saving for a home loan.  These Terms form a binding contract agreement between you and Resolve Finance.

Before you disclose your Account Information to Resolve Finance using the My Home Plan Technology, please check the terms and conditions of your Bank Account as these may restrict your ability to do so). For example, you may lose certain protections under the terms and conditions imposed by some financial institutions if you provide us with access to your Bank Accounts using the My Home Plan Technology.   If this is the case, you should obtain consent from your financial institution before providing us with access to your Account Information via the My Home Plan Technology.

Definitions

Account Information means all information provided by you to Resolve Finance to enable Resolve Finance and its Service Providers to obtain access to information about transactions conducted on one or more of your Bank Accounts.

Bank Account means any bank account you hold with a financial institution that may be accessed via the My Home Plan Technology and has been notified by you to Resolve Finance as part of the My Home plan service.

bankstatements.com.au means Proviso Pty Ltd ACN 166 277 845 and its related bodies corporate.

My Home Plan Technology means any web based software, mobile applications, application programming interface access (including, but not limited to proprietary computer programs, code, software, processes, data, information, tables) and other components and any enhancements or improvements made to those components and made available to My Home Plan customers from time to time.

Service Provider means any third-party service provider who collects some or all of your Account Information for the purposes of providing this data to Resolve Finance, including but not limited to ‘bankstatements.com.au’ and ‘Moneysoft Pty Limited ACN 152 058 627’.

Operative Provisions

Privacy Consent

By using the My Home Plan Technology, you agree to abide by the Resolve Finance Privacy Policy.  You consent to Resolve Finance using your ‘personal information’ for the purposes set out in that policy.  You also accept and consent to your ‘personal information’ being accessed and used by our Service Providers.  If you have any questions about the ways in which our Service providers may use your ‘personal information’ you should refer to their websites.

By accepting the My Home Plan services, you also authorise Resolve Finance and the service Providers to use any data, passwords or other information that are used to access your Account Information in association with the My Home Plan service.

You acknowledge and agree that Resolve Finance and the Service Providers may use, modify, display, distribute and create new material using such ‘personal information’ or other information obtained from your Account Information via the My Home Plan service.

You must provide the Finance Coach with on-line access to their financial information (including any of their ‘credit information’) via the My Home Plan Technology.  If you elect to withdraw your consent for the Finance Coach to have access to your financial information via the My Home Plan Technology, you must contact Resolve Finance or your Finance Coach.  The My Home Plan service will immediately be terminated and your access to the My Home Plan Technology will be disabled.

Acknowledgment

You agree to provide Resolve Finance with true, accurate, current and complete information about all bank accounts held in your name.

You authorise Resolve Finance and the Service Providers to:

  • Access, retrieve and transmit Account Information and access your Bank Accounts via an authenticated and encrypted secure socket layer format as required in order to provide the My Home Plan service,
  • Register to view your Bank Accounts;
  • Deliver and store the Account Information
  • Use, modify, display, distribute and create graphical representations from Account Information to provide the My Home Plan service to you.

You acknowledge and accept that neither Resolve Finance nor our Service providers will be liable for any loss (including any consequential loss, loss of revenue, loss of anticipated saving, increased financing costs or any special or indirect loss or damage), resulting from any loss of Account Information caused directly or indirectly using the My Home Plan technology.

For the avoidance of doubt, My Home Plan does not provide Resolve finance with the right to act on your behalf to transact or make payments to any person.

Representations and warranties

You:

  • Represent that you are the legal owner of the Bank Account and its related Account Information and are authorised to appoint Resolve Finance and the Service Provider(s) as your agent for the purpose of these Terms;
  • Warrant that all information you provide to Resolve finance and the Service Provider(s) in connection with My Home Plan is accurate, current and complete, and that you have the right to provide it to Resolve Finance and the Service Provider(s);
  • Acknowledge that when the Service Provider(s) access and retrieve your Account Information they do so as your limited agent and not the agent of your Bank Account provider;
  • Agree to keep your login and password to the My Home Plan website and mobile application up to date and accurate; and
  • Understand that you must not select a My Home Plan login or password that is easily identifiable or based on easily accessible personal data, that you are responsible for maintaining the security and confidentiality of your login and password to the My Home Plan website and mobile application and agree that Resolve Finance will not be responsible for the maintenance of the security of your login and password to the My Home Plan website and mobile application if you disclose them to any third party.
  • Understand and agree that providers of Bank Accounts which may be accessible through the My Home Plan Technology do not endorse or sponsor the My Home Plan Technology;
  • Acknowledge that balances shown on the My Home Plan website or mobile application obtained from your Bank Accounts reflect the most recent refresh obtainable from your Bank Account provider and may not be as accurate as if the Bank Account was accessed directly.

Intellectual Property

You understand and agree that the Resolve Finance and the Service Provider(s) own all proprietary computer programs, code, software, trade secrets and know-how, including all services, processes, data, information and tables that they created and which are used to provide the My Home Plan Technology and the My Home Plan service. You must not: 

  • Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any My Home Plan Technology or technology provided and owned by the Service Providers;
  • Make any My Home Plan Technology or technology provided and owned by the Service Provider available to any third parties;
  • Modify, adapt, translate or create derivative works based on any My Home Plan Technology or technology provided and owned by the or Service Provider;
  • Reproduce any portion of any My Home Plan Technology or technology provided and owned by the Service Provider;
  • Or permit or authorise any party to do any of the above.

Indemnity

Except to the extent prohibited by law, regulation or code of practice or conduct (including the ePayments Code or the Code of Banking Practice), you agree to protect and fully indemnify Resolve Finance and the Service Provider(s) against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, indirect, incidental, consequential loss and damage) caused by or arising from the acts or omissions of the End User including, but not limited to the following: 

  • your use of the My Home Plan Technology;
  • your breach of these Terms;
  • Unauthorised access to or alteration of your transmissions or data;
  • your infringement, or the infringement by any other person of your Bank Accounts arising as a result of the My Home Plan service
  • your breach of any intellectual property or other rights of any person;
  • The use, inability to use, unauthorised use, performance or non-performance of any website on which an your Bank Account is accessible.

Disclaimers

Other than as set out in this agreement, to the maximum extent permitted by law, Resolve Finance makes no representations, warranties or undertakings in respect of the performance of the My Home Plan Technology and in particular, Resolve Finance does not warrant that:

  • The Account Information obtained from one or more of your Bank Accounts will reflect your most recent information if, when obtained by Resolve Finance, the Account Information was not successfully collected or the Account Information was not accurate, reliable, correct or current;
  • The Account Information obtained from one or more of your Bank Accounts will meet your requirements;
  • The My Home Plan Technology or the Account Information are free from defects or errors or fit for any particular purpose; or
  • Performance of the My Home Plan Technology or the provision of the My Home Plan service will be uninterrupted. Resolve Finance cannot always anticipate technical or other difficulties. These difficulties may result in loss of data, personalised settings or other interruptions to the My Home Plan service.

Resolve Finance and the Service Providers are not liable to you:

  • To the extent of any non-performance which is caused by use of the My Home Plan Technology contrary to the instructions provided by Resolve Finance and the Service Providers, or modification or alteration of the My Home Plan Technology by any party other than Resolve Finance, the Service Providers or their agents; and
  • For any delays, delivery failures, or any other loss or damage resulting from the transfer of Account Information over communications networks and facilities, including the internet.
  • The timeliness, accuracy, deletion, mis-delivery or failure to store any data, communications or personalised settings.
  • For any cancellation, suspension or modification of the My Home Plan Technology.
  • For any transactions, inquiries or other activities you initiate on a third-party website or any fees charged by a third party, including but not limited to the entity providing your Bank Account.
  • For any errors, accuracy or delays in the content, information, data, calculations provided by the providers of your Bank Accounts and advice you may receive relative thereto or for any actions taken in reliance thereon.

Notwithstanding the above, Resolve Finance and the Service Providers will use their best endeavours to rectify error(s) where evident.

My Home Plan Technology provides links to selected financial institutions and other service providers for your convenience only and does not endorse or recommend their services. Resolve finance will not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any financial institution, or other service provider(s).

Limitation of Liability

Nothing in this agreement is intended to exclude, limit or modify rights which you may have under the Australian Consumer Law or any other statute which it is not possible to exclude, limit or modify by agreement.

The liability of Resolve Finance or the Service Providers for any loss or damage incurred by you arising out of or in connection with this agreement, or your use of the My Home Plan Technology, including without limitation, loss of profits or data, direct, consequential, special, exemplary, incidental and indirect damages or the cost of substitute services, whether in contract or tort (including negligence), shall not exceed:

  • Where any guarantee is implied by the Australian Consumer Law and cannot lawfully be excluded, the greater of the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • In all other cases, the amount paid by you for the use of the My Home Plan Technology in the last 12 months before the liability arose, whether it is directly paid by you to Resolve Finance or to a third party.

Termination

Resolve Finance reserves the right to cancel, suspend and/or modify your access to the My Home Plan Technology or the My Home Plan service without prior notice where Resolve Finance has reasonable grounds to believe that you have breached these Terms or has not met your financial obligation to access the My Home Plan service.

This agreement terminates automatically, if for any reason, Resolve Finance ceases to operate the My Home Plan Technology or ceases to offer the My Home Plan service.

General

You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this agreement and the events contemplated by it.

These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

Resolve Finance may amend these Terms by amending or deleting terms or adding new terms at any time. Changes may take the form of a new agreement or a variation to these Terms. Resolve Finance will provide you with at least 14 days’ notice in writing via email of such changes or will display any changes on the My Home Plan website.  Any changes notified by display on the My Home Plan website will not be effective until 14 days have elapsed.

The My Home Plan Technology solution was developed and is supported by Moneysoft Pty Limited ACN 152 058 627.