Terms of Service
Updated on: 14/08/2018
Welcome to Reality, a personal dream and financial management service provided by Simple Easy IT Pty Ltd, designed to help people get more with the money they have. Any references to “us”, “we”, “our” or “Simple Easy IT” means Simple Easy IT Pty Ltd ACN 620332818 and any of its subsidiaries or business partners.
These Terms of Service are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully as they are binding on any use of any Service and apply to You from the time that we provide You with access to any Service.
By registering to use any Service you acknowledge that You have read and understood and agree to be bound by these Terms and have the authority to act on behalf of any person for whom You are registering to use any Service. If You are using any Service on behalf of another person or body, you warrant that you have the authority to agree to these Terms on behalf of that other entity for or entity for whom you use any Service.
Except as expressly set out in these Terms we do not make any representations or warranties regarding the performance, suitability or accuracy of Any Service. To the extent permitted by law exclude any implied representations and warranties. From time to time we may need to update these Terms. We will provide you with reasonable notice of any significant changes. Your continued use any Service after notification of such a change means that You accept the changed Terms.
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by You or by another person or body with Your authority into any Service, or data acquired via your authorisation (including but not limited to your financial, banking and transactional information).
“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 not registered.
“Service” means any service, program, application or software owned or operated by Simple Easy IT whether accessed or received via this website or a mobile application, through third party applications (including but not limited to the use of the application know as Reality) or by any other medium, platform or media.
“Terms” means these terms of service.
“User” means the registered user for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use this Service.
“Website” means the Internet site at the domain https://www.realityapplication.com/or any other site operated by Simple Easy IT.
"Yodlee" means a third party service provider for categorisation and aggregation of financial, banking and transactional information.
“You” means the Ordinary User and or Subscriber, where the context permits. “Your” has a corresponding meaning.
Reality provides key features as in app purchases as a subscription. Subscriptions are managed by the Google and Apple app stores. By signing up for a subscription, you agree to the relevant app store subscription terms and policies. Subscriptions can be cancelled at any time from within the service in the settings section.
Third Party Terms and Conditions
You agree and acknowledge that we may use your information to establish subscriptions with third parties whose services, information, technology or software is used to operate our Services (Third Party). You agree to the terms and conditions of any Third Party (specifically including, but not limited to, the terms and conditions of Yodlee available via these links privacy, security).
We do not warrant, guarantee or provide any assurance or advice regarding the suitability, safety, performance or risks associated with using any software information, technology or services provided by a Third Party (including Yodlee).
You indemnify and release us for any damages, claims, liability or costs associated with any information, services, technology or software provided by any Third Party, including but not limited to your subscription with Yodlee which we will create on your behalf.
You warrant that you have read and understood any terms and conditions of Yodlee before using our Service and that you unconditionally agree to be bound by them.
Premium Features and Prices
There are premium features in Reality which you can purchase as an in app-purchase. The price of in app purchases can be found in the relevant parts of Reality. Prices are subject of change and can be modified anytime.
Modifications to the Service and Prices
Simple Easy IT reserves the right at any time and from time to time to improve, modify or discontinue Reality (or any part thereof), temporarily or permanently, with or without notice. Prices of all premium features, including but not limited to monthly/annually subscription plan fees to the Premium features, are subject to change upon 30 day’s notice from us. Such notice may be provided at any time by posting the changes to the website or within Reality. We will endeavour to give as much notice as possible however we are not liable to you or to any third party for any modification, price change, suspension or discontinuance of Reality.
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 rights and obligations under this Agreement will not merge in, but will survive completion or sooner determination of this Agreement
The provisions of the confidentiality Terms shall not apply to any information which:
a. is or becomes public knowledge other than by a breach of this clause;
b. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
c. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
d. is independently developed without access to the Confidential Information.
By using the Service, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
If you choose to make full use of the Service you may be required to provide personal and/or sensitive information including your account credentials (such as your username and password) required to log in to various third-party accounts (“Account Credentials”). You also consent to our use of your Account Credentials as your authorised agent for the purpose of accessing your account information from third party institutions (e.g., banks, mortgage brokers, and superannuation funds) (“Account Information”) in order to provide you with the services you request.
Account Information From Third-Party Providers
We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Simple Easy IT does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
For example, when using the Service, Account Information via third party services is only as fresh as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, we cannot assume any responsibility, nor bear any indemnity in respect of information used for the Service that is in any way untimely or out of date.
Your Use of any Service
Your right to access and use of any Service is personal to you and is not transferable by you to any other person or entity. You must access and use the Service for lawful purposes and in accordance with these Terms and Conditions.
Accurate records enable us to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in the “Link Account” feature, and you must not misrepresent your Registration Information. In order for any Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of any Service to you will be affected.
Your access and use of Reality may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Reality or other actions that we elect to take.
You also agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of any Service and advertising or marketing materials. You grant Reality a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Reality in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Simple Easy IT reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
You use the recommendations within Reality at your own risk and should consult your financial advisors prior to entering into any actions as a result of the recommendations provided. Reality does not provide financial advice but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.
These notifications provide you with messages about the Service. Reality may add new notifications from time to time or cease to provide certain notifications at any time upon its sole discretion. Each notification has different options available, and you may be asked to select from among these options within your user settings.
Electronic notifications will be sent to the email address you have provided as your username for the Service. If you change your email address, you are responsible for informing us of that change.
Notifications may include transaction and other information about your accounts, depending upon which notifications you set up in the Service.
Intellectual Property Rights
The Service and all content contained on the Service (including without limitation all text, graphics, icons, advertisements, photographs, databases, trademarks and other information contained on the Service (other than Third Party Content), (Reality Content), (and all Intellectual Property rights that subsist in the Service and Reality Content, including without limitation copyright, trademarks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by Reality or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights to you.
Subject to this Agreement and all applicable laws and regulations, we grant you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display the Reality Content which Simple Easy IT makes available to you from time to time on the terms and conditions set out in this Agreement.
You must not do anything which breaches or otherwise interferes with our Intellectual Property rights or the Intellectual Property of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any Reality Content without the prior written permission of Reality or the relevant third-party licensor or exploit such contents for commercial benefit.
All rights not expressly granted are reserved by Simple Easy IT.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Simple Easy IT, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Simple Easy IT limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that Simple Easy IT shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by Simple Easy IT from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Where permitted by law, we will not be responsible for lost profits, revenue or damages (whether direct or indirect).
To the extent permitted by law, our liability to you for any claims under these Terms is limited to the amount you paid us to use the Services (or, at our election in our sole discretion, to supplying you the Services again).
You indemnify Simple Easy IT against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Simple Easy IT, including (but not limited to) any costs relating to the recovery of any subscription fees that are due but have not been paid by You.
You agree that: (i) These Terms and Conditions are governed by our local jurisdiction, and you irrevocably submit to the exclusive jurisdiction of the courts of the state and country of our company residence, and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Simple Easy IT, either specific or general, in jurisdictions other than our local state, territory or country.
You and Terms agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms and Conditions constitute the entire agreement between us and you in relation to the Website and the Service and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and Service.
The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.