Welcome to BigFuture, an online personal wealth management service designed especially for
Your obligations as a customer. Please read them carefully.
These Terms are binding on any use of the Service and apply to You from the time that BigFuture
provides You with access to the Service.
The BigFuture Service 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 BigFuture Service. BigFuture
reserves the right to change these terms at any time, effective upon the posting of modified terms and
BigFuture will make every effort to communicate these changes to You via email or notification via the
have read, understood and agree to the most recent terms available on the Website.
By registering to use the Service you acknowledge that You have read and understood these Terms and
have the authority to act on behalf of any person for whom You are using the Service. You are deemed
to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were issued on February 1, 2015
means the monthly fee (excluding any taxes and duties) payable by You in accordance
with the fee schedule set out on the Website (which BigFuture may change from time to time on
notice to you).
includes all information exchanged between the parties to this Agreement, whether
electronically or orally, including the Service but does not include information which is, or
becomes, publicly available other than through unauthorized disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
Intellectual Property Right
means any patent, trade mark, 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
means the online accounting and personal finance management services made available
may be changed or updated from time to time by BigFuture) via the Website.
means the Internet site at the domain www.BigFuture.com.au or any other site
means BigFuture Propriety Limited which is a private Australian company domiciled
Sydney, New South Wales.
means any person or entity, other than the Subscriber, that uses the Service with
authorization of the Subscriber from time to time.
means the person who registers to use the Service, and, where the context permits,
any entity on whose behalf that person registers to use the Service.
means the Subscriber, and where the context permits, an Invited User. "Your" has a
1. GENERAL ADVICE WARNING
Any advice on this website is of a general nature only and has been prepared without taking into account your
objectives, financial situation or needs. Before you act on any advice on this website, please consider whether
the advice is appropriate for you having regard to your objectives, financial situation and needs. It may be prudent
for you to seek appropriate licensed financial advice before making any decision. Unless otherwise stated the content
on this website is provided by BigFuture Pty Ltd.
2. USE OF SOFTWARE
BigFuture grants You the right to access and use the Service via the Website with the particular user roles
You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject
this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber
and the Invited Users, or any other applicable laws:
1. the Subscriber determines who is an Invited User and what level of user role access to the relevant
organization and Service that Invited User has;
2. the Subscriber is responsible for all Invited Users’ use of the Service;
3. the Subscriber controls each Invited User’s level of access to the relevant organization and Service at all
times and can revoke or change an Invited User’s access, or level of access, at any time and for any
reason, in which case that person or entity will cease to be an Invited User or shall have that different
level of access, as the case may be;
4. if there is any dispute between a Subscriber and an Invited User regarding access to any organization or
Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that
Invited User shall have, if any.
3. YOUR OBLIGATIONS
An invoice for the Access Fee will be issued each month starting one month from the date You added Your first
organization to Your BigFuture account. All invoices will include the Access Fee for the preceding period one
month of use. BigFuture will continue invoicing You monthly until this Agreement is terminated in accordance with
All BigFuture invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email.
You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are
payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number
of organizations that You have added to the Service or that have been added with Your authority or as a result of
Your use of the Service ('Organizations'). Eligibility for such preferential pricing or discounts is conditional
Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without
prejudice to any other rights that BigFuture may have under these Terms or at law, BigFuture reserves the right to
render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in
respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in
by the due date for payment.
Preferential pricing or discounts:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with
these Terms and any notice sent by BigFuture or condition posted on the Website. You may use the Service and
Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are
authorized to do so and that all persons for whom or to whom services are provided comply with and accept all
terms of this Agreement that apply to You.
Where available, automated bank account transaction data feeds are generally provided to You free of charge.
However, BigFuture reserves the right to pass on any charges related to the provision of bank feed data on a
basis at BigFuture’s sole discretion. BigFuture would first inform You via email to indicate what those
charges are likely to be (as such charges may vary depending on Your bank and Your volume of bank feeds). You
have the option to decide to discontinue use of automated bank feeds at any time. To exercise this option, you
give BigFuture sufficient prior notice of which automated bank account transaction data feeds you want to
discontinue. Upon receiving such notice BigFuture will arrange for such feeds to be terminated in accordance with
each bank’s usual practices.
Automated Bank transaction data delivered into Your BigFuture account:
- You must ensure that all usernames and passwords required to access the Service are kept secure and
confidential. You must immediately notify BigFuture of any unauthorized use of Your passwords or
any other breach of security and BigFuture will reset Your password and You must take all other
actions that BigFuture reasonably deems necessary to maintain or enhance the security of BigFuture's
computing systems and networks and Your access to the Services.
- As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of BigFuture's computing systems or networks or,
where the Services are hosted by a third party, that third party's computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or
Website, or other systems used to deliver the Services or impair the ability of any other user to use
the Services or Website;
- not attempt to gain unauthorized access to any materials other than those to which You have been
given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any: files that may damage any other person's computing
devices or software, content that may be offensive, or material or Data in violation of any law
(including Data or other material protected by copyright or trade secrets which You do not have the
right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any
computer programs used to deliver the Services or to operate the Website except as is strictly
necessary to use either of them for normal operation.
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the
number of calls You are permitted to make against BigFuture’s application programming interface. Any such
limitations will be specified within the Service.
As a condition of these Terms, if You use any communication tools available through the Website (such as any
forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate
purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the
use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial
files that may damage any other person's computing devices or software, content that may be offensive to any
other users of the Services or the Website, or material in violation of any law (including material that is
copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such
communication. BigFuture is under no obligation to ensure that the communications on the Website are legitimate
or that they are related only to the use of the Services. As with any other web-based forum, You must exercise
caution when using the communication tools available on the Website. However, BigFuture does reserve the right to
remove any communication at any time in its sole discretion.
You indemnify BigFuture against: all claims, costs, damage and loss arising from Your breach of any of these
Terms or any obligation You may have to BigFuture, including (but not limited to) any costs relating to the recovery
of any Access Fees that are due but have not been paid by You.
4. CONFIDENTIALITY AND PRIVACY
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in
connection with these Terms. Neither party will, without the prior written consent of the other,
disclose or make any Confidential Information available to any person, or use the same for its own
benefit, other than as contemplated by these Terms.
- Each party's obligations under this clause will survive termination of these Terms.
- The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its
- is in the possession of the receiving party without restriction in relation to disclosure before the date
of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
you accept these Terms.
5. INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the
Services remain the property of BigFuture (or its licensors).
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data
contingent on full payment of the BigFuture Access Fee when due. You grant BigFuture a licence to use, copy,
transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the
Services and for any other purpose related to provision of services to You.
Ownership of Data:
You must maintain copies of all Data inputted into the Service. BigFuture adheres to its best practice policies and
procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees
that there will be no loss of Data. BigFuture expressly excludes liability for any loss of Data no matter how
Backup of Data:
If You enable third-party applications for use in conjunction with the Services, You acknowledge that BigFuture
may allow the providers of those third-party applications to access Your Data as required for the interoperation of
such third-party applications with the Services. BigFuture shall not be responsible for any disclosure, modification
or deletion of Your Data resulting from any such access by third-party application providers.
Third-party applications and your Data.
6. WARRANTIES AND ACKNOWLEDGEMENTS
You warrant that where You have registered to use the Service on behalf of another person, You have the authority
to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the
on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these
Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
- You are authorized to use the Services and the Website and to access the information and Data that
You input into the Website, including any information or Data input into the Website by any person
you have authorized to use the Service. You are also authorized to access the processed information
and Data that is made available to You through Your use of the Website and the Services (whether
that information and Data is Your own or that of anyone else).
- BigFuture has no responsibility to any person other than You and nothing in this Agreement confers,
or purports to confer, a benefit on any person other than You. If You use the Services or access the
Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or
otherwise) you agree that:
- You are responsible for ensuring that You have the right to do so;
- You are responsible for authorizing any person who is given access to information or Data, and you
agree that BigFuture has no obligation to provide any person access to such information or Data
without Your authorization and may refer any requests for information to You to address; and
- You will indemnify BigFuture against any claims or loss relating to:
- BigFuture's refusal to provide any person access to Your information or Data in accordance with
- BigFuture’s making available information or Data to any person with Your authorisation.
- The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
- BigFuture does not warrant that the use of the Service will be uninterrupted or error free. Among other
things, the operation and availability of the systems used for accessing the Service, including public
telephone services, computer networks and the Internet, can be unpredictable and may from time to
time interfere with or prevent access to the Services. BigFuture is not in any way responsible for any
such interference or prevention of Your access or use of the Services.
- BigFuture is not Your financial advisor and use of the Services does not constitute the receipt of
financial advice. If You have any financial advice questions, please contact a financial planner.
- It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the
purposes for which they are used.
BigFuture gives no warranty about the Services. Without limiting the foregoing, BigFuture does not warrant that the
Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all
implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation)
warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a
business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation
intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the
Website or these Terms.
7. LIMITATION OF LIABILITY
- To the maximum extent permitted by law, BigFuture excludes all liability and responsibility to You (or
any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of
information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or
reliance on, the Service or Website.
- If You suffer loss or damage as a result of BigFuture's negligence or failure to comply with these Terms,
any claim by You against BigFuture arising from BigFuture's negligence or failure will be limited in
respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the
previous 12 months.
- If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in
accordance with Clause 8.
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage
conditions, with no obligation to continue to use the Services. If You choose to continue using the Services
thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose
to continue using the Services, You may delete Your organization in the 'My BigFuture' section of the Services.
BigFuture will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of
each billing period these Terms will automatically continue for another period of the same duration as that period,
provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by
giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate
Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current
up to and including the day of termination of these Terms.
- breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do
not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of
- breach any of these Terms and the breach is not capable of being remedied (which includes (without
limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days
BigFuture may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
- Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other
persons whom You have authorized to have access to Your information or Data.
For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing
Contacts, Billing Plans or any of Your Organizations (as defined at clause 3) is not made in full by the relevant
date, BigFuture may: suspend or terminate Your use of the Service, the authority for all or any of Your
Organizations to use the Service, or Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and
including the date of termination. On termination of this Agreement You will:
d. remain liable for any accrued charges and amounts which become due for payment before or after
e. immediately cease to use the Services and the Website.
6. Expiry or termination:
Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
9. HELP DESK
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before
contacting BigFuture. If You still need technical help, please check the support provided online by BigFuture on
Website or failing that email us at email@example.com.
Whilst BigFuture intends that the Services should be available 24 hours a day, seven days a week, it is possible
on occasions the Services or Website may be unavailable to permit maintenance or other development activity to
If for any reason BigFuture has to interrupt the Services for longer periods than BigFuture would normally expect,
BigFuture will use reasonable endeavors to publish in advance details of such activity on the Website.
written), and understandings and constitute the entire agreement between You and BigFuture relating to the
and the other matters dealt with in these Terms.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver
will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the
or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay
You may not assign or transfer any rights to any other person without BigFuture's prior written consent.
Governing law and jurisdiction:
the information or Data You are accessing using the Services and the Website is solely that of a person who is
resident in Australia at the time that You accept these terms then Australian law governs this Agreement and You
submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or
replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.
remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to
have been given on transmission. Notices to BigFuture must be sent to support@BigFuture.com or to any other
email address notified by email to You by BigFuture. Notices to You will be sent to the email address which You
provided when setting up Your access to the Service.
Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these