CRUNCHR TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Crunchr Technologies Pty Ltd ABN 43 155 767 089 (referred to as the “Crunchr”)
We reserve the right to amend this Terms and Conditions at any time and your use of the Crunchr App (including the software application and any of our websites) following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you use the Crunchr App or view our website you read this terms and conditions.
You must discontinue using the Crunchr App if you do not accept this terms and conditions. Your continued use of the Crunchr App will signify your acceptance to the terms and conditions including any of the changes.
Registration and Subscription
1. Crunchr App is a subscription service. However, we may provide a free trial period for the users. The trial period commences upon the user’s acceptance of these terms and conditions and the creation of a user profile. The Services will continue beyond the trial period upon commencement of payment of the subscription fee.
2. If you subscribed to our services, you must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for additional information relating to our collection, storage and use of the details you provide on registration.
3. However, our services (including storage limit) may upgrade or change from time to time, please refer to our website or user manual for further information.
4. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
5. On registration, you must create your own password.
6. You agree to keep your payment and registration information accurate, confidential and current at all time.
7. Unless otherwise specified, each Crunchr Account or membership may only be used to support one person on two devices only. The Crunchr Account or any subscription service is not transferrable. You are not allowed to transfer, sell or share any Crunchr account or subscription. Notwithstanding the above, if you do share your Crunchr account, you take all responsibility and indemnify Us on all potential liability and losses due to the sharing, including but not limited to leakage of confidential information, loss of privacy and business records, and deletion of the account or any data in relation to the account.
8. Certain payment may be made through a third-party service provider, and we do not keep any of your personal information provided to the third-party service provider for the payment or transaction. Please refer to the terms and conditions, and the privacy policy of the third-party service provider for further information.
9. We reserve the right to terminate, restrict, or suspend your membership or subscription at any time at our own discretion. We will take into consideration of the circumstances including but not limited to requests by law enforcement, any breach of the terms and conditions, or any inappropriate or unlawful activities.
10. Termination pursuant to this clause will not affect any rights or remedies which Crunchr may have.
11. Your account and / or subscription may be terminated in the following circumstances:
o if you are in breach of any term of this agreement;
o if you, being a corporation, becomes the subject of insolvency proceedings; and
o if you, being a firm or partnership, is dissolved.
Our Services
12. Our services are provided to adults over the age of eighteen (18) years. By proceeding to access the Crunchr App or website, you acknowledge that you are over 18 years of age.
13. All prices are in Australian Dollars (AUD) and are inclusive of GST.
14. You are required to ensure that you have the latest update of the Crunchr App and compatible operating system in order for all Crunchr App features to be operational. If you do not have the latest update of the Crunchr App, you accept that some of our functions may not perform as expected, may be having a lower level of security and you may be at risk from losing your data.
15. We endeavour to ensure that our price list is current. Our price list can be accessed via the Crunchr App or website and we reserve the right to amend our prices at any time.
16. On subscription you agree to pay for our services as currently set out on our website or the Crunchr App whichever is latest published. All subscription fees paid are non-refundable.
17. We will charge a (monthly, quarterly (or every 3 months), 6 monthly or yearly) subscription fee periodically in advance from the date of registration and payment. You agree and authorise us to automatically renew your subscription and charge the current amount of subscription fee within one month before the end of the current subscription period. Your subscription and membership may be cancelled if we do not receive your subscription fee payment on time.
18. We, in our sole discretion and at any time, may alter the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
19. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
20. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
21. You must provide at least one month notice to cancel your subscription.
22. When you cancel your subscription, we will not provide any refund for the remaining subscription period. However, you will still be able to access our service until the end of your subscription period.
23. We provide OCR of your receipts and dockets but you are fully responsible for the quality of the image and the OCR readouts and any editing to the readouts. You must ensure the image is clear and verify that the information extracted by the app is correct. If the App generates incorrect data, then you must correct it.
24. Crunchr uses Open AI in order to improve the accuracy of our data extraction from our OCR. When a user of Crunchr scans a receipt from picture, pdf or email the app uses OCR to read the data. This data is then verified using Open AI and is presented on the Apps data screen for the user to verify and correct any errors prior to data being saved.
25. We will endeavour to maintain the integrity of your data, images, and / or files, and keep them safe. We also endeavour to adhere the best practice policies and procedures to prevent data loss, but do not make any guarantees that there will be no loss of data or images. We expressly exclude liability for any loss of data or images regardless of its cause. We also expressly exclude liability for any loss or damage due to the quality of the images you provided.
26. Crunchr App is not a replacement of your hardcopy receipts storage. You acknowledge that you must keep your hard or soft copy receipts safe (and duplicate or back up) outside our system all data input into our system.
27. For commercial account holders, closing or terminating a Service will affect one or more of all the users registered under such account and they will no longer be able to access our Service or any of the Content within the scope of the commercial account. You agree to provide sufficient notice to your registered account holders and additional user’s of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by a registered account holder or additional user may result in the termination of an Administrator’s or any registered account holder’s or additional user’s access to the Services. You agree to continue to indemnify us and hold us harmless for any damages or loses that arise due to the violation of this clause.
28. We may run other trail or promotion through the service and they may be governed by rules that are separate from these Terms. If You participate in any of these events, please review the applicable rules as well as our Privacy policy. If the rules for an event conflict with these Terms, the event rules will apply. We reserve the right to cancel any trail or promotions at our own discretion.
Access
29. When you visit our website or use our app, we give you a limited licence to access and use our information for personal use. This limited licence extends to any accompanying documentation. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this terms and conditions.
30. You are permitted to download a copy of the information on the Crunchr App or website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights
31. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
32. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks and other linking technologies
33. The Crunchr App and/or website may from time to time contain references and/or links to other websites. Such references and/or links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
34. Linking our website is not permitted without our written permission. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
35. The copyright to all content on this website including applets, graphics, images, layouts and, text belongs to us or we have a licence to use those materials.
36. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
37. When you upload any content to the Crunchr App or our system, you guarantee that you are the copyright owner of the contents or have the right to do so.
38. We provide data storage for your receipts. Your data, images, and / or files stored on our system will remain your property. You hereby expressly grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use your data, information, images, and / or files and agree to sign any documentation to that effect if required to do so.
39. You acknowledge that the Crunchr App is not a security service and any information transmitted over the internet through the Crunchr App may not be encrypted. Further, the level of security over the data transmitted during use of the Crunchr App depends on the security level of the internet that you are using, which we have no control over. We take no responsibility for any losses due to insecure internet connection at your end. You must not upload any confidential or sensitive contents to the Crunchr App.
40. You acknowledge and agree that our staff may review, edit, or remove any contents you upload to our Website or Crunchr App at any time.
41. You must not upload any inappropriate or explicit content to the Crunchr App or our system. You agree and acknowledge that we may remove or refuse to accept any of your content at our own discretion.
Suspension or Termination
42. You may voluntarily select to deactivate your account or to delete your account. When you deactivate your account, your account will be locked. We will provide no service to you. No other user can access your account or create a profile with the same user id.
43. You may delete your account at any time, you will lose all the data and content in that account, including invoices and photos. If you change your mind, you will not be able to recover this data once the account is deleted.
44. We may, in our sole discretion and without notice, restrict, deny, terminate your account at any time, in whole or in part, if we determine that your use of the Services: (i) violates the terms and conditions; (ii) is against any law or regulatory requirement; (iii) is in a manner not contemplated by this terms and conditions; (iv) is improper or substantially exceeds or differs from what would be reasonably considered normal use by other users; Any exceedance in such limitations will be advised. (v) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; (vi) to protect the integrity or availability of our Services or systems and comply with any applicable policy; (vii) if we are not able to contact you through the electronic address which you provided; or (viii) or if your use of the Services conflicts with our interests or those of another user of the Services.
45. You will be allocated a limited amount of storage for storing your contents. Once your storage amount is reached, you will not able to upload further contents to the Crunchr App. We will notify you if your limit has reached. You may still able to access your account. You have an option to delete some of your own contents, or not uploading further contents to the Crunchr App.
46. You acknowledge and agree that once the subscription is terminated, we may not able to retrieve any data or images for you. Hence, you acknowledge that it is your responsibility to keep a hard and soft copy of your receipts as a backup, and regularly export, and safely store spreadsheets and download images.
Disclaimers
47. Any data, images or contents on our Website or Crunchr App is information only and not intended as legal, financial or tax advice and should not be construed or relied on as such. Before making any commitment of a legal, financial, or tax nature you should seek advice from a qualified and registered legal practitioner, or financial or tax adviser.
48. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
49. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
50. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
51. You are wholly responsible for the eligibility of the expense intended to be claimed in tax, re-imbursement or any other manner.
52. Any suggested categories, reading or storage of receipts does not endorse that the expense is claimable nor is there any guarantee on the prediction of suggested category or any information predicted or suggested by the App.
Statutory Guarantees and Warranties to Consumers
53. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
54. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. We provide a link to the Standard Terms and Conditions :-
55. Schedule 2 of the C&C Act;
https://www.legislation.gov.au/Details/C2021C00010/Html/Volume_3#_Toc61360100); and
a) those statutory guarantees, all of which are given by us to you if you are a consumer
(https://www.fairtrading.nsw.gov.au/buying-products-and-services/guarantees,-contracts-and-warranties/consumer-guarantees)
56. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
o We will repair or replace the goods or any part of them that is defective; or
o Provide again or rectify any services or part of them that are defective; or
o Wholly or partly recompense you if they are defective.
57. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.In that regard:-
a) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b) If we are a repairer of goods capable of retaining user-generated data or images then we hereby give you notice that the repair of those goods may result in the loss of the data or images.
58. You warrant that all the data, images, and / or files which you upload to our system will not breach any law, and we reserve the right to remove any unlawful data, images, and / or files in our sole discretion.You acknowledge and agree that we shall not decline any legal request issued by any governmental institutions or organisations to access your information, data, images, and / or files.
59. You warrant that you will not use the Crunchr App or Account (including any software, data and information thereof) for any purpose that is contrary to law.]
Limitation of Liability
60. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the Access Fees paid by You in the previous 30 days.
b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d) We do not participate in any way in handling the payment transactions between the Crunchr App and our users.
61. To the full extend permit by law, if You suffer loss or damage as a result of our negligence or failure to comply with these Terms, any claim by You against us arising from our 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 30 days.
Indemnity
62. The Crunchr App is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge, agree and understand that you use the Crunchr App at your own risk
63. You must bear the risk associated with the use of the Internet, including but not limited to security risks due to insecure and/or unencrypted connection. Whilst we will try to ensure that material included on the Crunchr App or our Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Crunchr App or Website. If we are informed of any inaccuracies in the material on the Crunchr App or Website we will attempt to correct this as soon as reasonably possible.
64. You acknowledge that we will not be liable for any damage or loss, due to:
a) Incompatibility of the Crunchr App with any of your equipment, software or telecommunications links;
b) Technical problems including errors on, or interruptions to usage of the Crunchr App;
c) Unsuitability or unreliability of the Crunchr App;
d) Inadequacy of the Crunchr App to meet your requirements or the requirements of any organisations;
e) Viruses or other computer bugs or malfunctions acquired by you from the use of the internet, the Crunchr website or the Crunchr App;
f) quality, accuracy, reliability, relevance, up-to-dateness and completeness of data, information, documents, or images uploaded to or generated by the Crunchr App;
g) In the case of the company ceasing operations;
h) Modify or withdraw, temporarily or permanently, of any material (or any part) of the Crunchr App or our Website without notice to you, and you confirm that we shall not be liable to you for any modification to, or withdrawal of, the Crunchr App, our Website, or its contents.
i) To the full extent allowed by applicable law, any loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data or images, pure economic loss or any consequential losses, indirect, incidental damages, special or punitive damages whatsoever that arise out of or are related to the Crunchr App or materials you uploaded to our system, or any loss of stored data, images, and information for any reason.
65. You acknowledge that we do not provide any kind of advice, including but not limited to legal advice, financial, accounting and or tax advice, nor hold ourselves out to provide advice of any kind.
66. You acknowledge that you will not authorise a third-party to access your own personal account.
67. Whilst the Crunchr App or our website intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. We shall not be responsible for any losses incurred during this downtime.
68. You acknowledge and agree that we, including all directors, employees, contractors, related and affiliated persons, are not individually responsible for the conduct or activities of other users of the Crunchr App.
69. By accessing or using the Crunchr App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any goods and services provided to you by a third-party service provider, or a third-party software or system, including but not limited to processing online payments, spreadsheet, CSV, PDF, XLS integrating to other accounting software, etc.
70. By accessing or using the Crunchr App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising as a result of (i) your action or omission in relation to the Crunchr App; (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.
71. You acknowledge and agree that, in no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data or images, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from a user’s access to, or use of, or inability to use the Crunchr App or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
72. We do not guarantee that any data, documents, or images stored in or generated by the Crunchr App will be suitable for submission to or satisfy the requirements of any particular organisation or government office.
73. Crunchr cannot and will not provide you with any protection, representation, or documentation for any investigations or proceedings including but not limited to taxations Audit.
74. By using our Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third-Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Crunchr is not affiliated with Third-Party Products and does not endorse or recommend any Third-Party Products. You agree that the providers of the Third-Party Products, and not Crunchr are solely responsible for their own actions or inactions. Crunchr is not liable for any damages, claims or liabilities arising out of or related to any Third-Party Products.
75. You agree to use all reasonable endeavours to resolve any dispute in relation to the Crunchr App, including speaking to us and trying to resolve the matter before issuing any proceedings against us.
76. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
77. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
78. We undertake to take all due care with any information which you may provide to us when accessing our website and / or app. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
79. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the Crunchr App or website. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Crunchr App, our Website and any information provided to by you.
80. This Agreement is between you and us, and not Apple, Inc. or Google Inc (jointly and separately referred to as “Marketplaces”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and Marketplaces has the right to enforce this Agreement against you. Apple, Inc. or Google Inc are not responsible for the App and its content.
81. Crunchr, not Marketplaces, is solely responsible for the Crunchr App and its content. You may only use the App on devices that you own or control and as permitted by us and the Martketplace’s Terms of Service.
Updates and Patches
82. Please make sure you always export and download ALL your images and data prior to applying updates or patches on your device or any software.
83. Use of these Services may be affected by the updates or patches you applied on your device or 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.
84. You understand that once you apply an update or patches on your device or software including the Crunchr App, you may NOT be able to revert back to a prior update version of the same or similar data or images.
85. Any updates or patches provided are on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data or images and information, from any connected device. To the maximum extent permitted by law, you acknowledge and agree that all use of any updates is at your sole risk.
86. The user is required to refer back to the Crunchr App, the App store or contact Crunchr support, for information on the latest applicable software required on their devices and computers in order for all features to be operational.
