Terms and Conditions

We would urge You (“the user of Flamingo App,” hereafter referred to as “you,” “your”) to read these terms and conditions (“Terms”) before you decide to use the Flamingo app (“the Platform” or “the App”) provided by Flamingo Tech Pty Ltd ACN 648833578 (hereafter referred to as “Flamingo,” “we,” “us,” or “our”) and concerns your use of the Platform and its relevant information which may be delivered through the Flamingo Official Website (“the Website”), the App or email.

Please note that on these Terms, references to “We”, “Us,” or “Our” means Flamingo Tech Pty Ltd ACN 648833578 and its subsidiaries or business partners. Your access and use of our Platform is subject to these Terms, and as such, your continued use of the App at any time is taken as consent to these Terms.

If you do not agree to these Terms, you should immediately cease using the Platform as we will not be responsible for any inconvenience caused to you by your choice to continue using the Platform.

Information Shared by Us

We offer you a personal financial management platform so you can make informed financial decisions and work towards financial security. With this reference, We may also track your financial information, including banking transactions when a bank account is attached to our Platform. Based on this information and your interest, We may also present further information relating to third-party products or services.

However, except as we express here and in our Privacy Policy and Security pages, we do not make any direct and/or implied representations or warranties to the extent permitted by law.

We do our best to provide you with complete, accurate, and latest information. However, to the extent permitted by law, we do not give any warranties that the information is free from errors and other inaccuracies, contains no omissions, or is up to date.

We do not take any responsibility and accept any liability for any person relying solely on this information for any financial decision of theirs. We also do not warrant the performance of any financial solution referenced in the information provided by us. Also, the currency references mentioned in the information refer to Australian dollars except where specified otherwise.

Any information provided to you on our Website, App, or email is general information and does not consider your circumstances, goals, and personal or financial situation. It aims to provide awareness and is not intended as professional advice, so you should not make any financial decision based on this information.

Therefore, it is recommended that you consider and understand your circumstances and seek guidance from a financial advisor if needed before making any financial decision.

Change of Terms

We may need to change these Terms from time to time as circumstances change and our Platform evolves. In that case, We will provide you with prior notice of any significant changes that may influence your use of the Platform.

The latest version of these terms is updated on the website, accessible via the App, and may also be informed via email. Your continued use of the Platform after the notice regarding any changes has been issued will imply consent to the changed Terms. If you have any objections, you can choose to opt-out of using our Platform at any time by deleting your Flamingo account.

It is also recommended that users go through these terms from time to time to stay updated on the latest information as these terms bind us, our service providers, and our users in an agreement. We will not accept any responsibility for any loss or damage that may arise if you fail to heed our advice.

These terms will apply to you no matter the extent of your usage of our Platform. We strive to hold honesty, accuracy, and integrity in the utmost importance when dealing with our users, and we expect nothing less in response.

Collection and Privacy of User Information

We may collect your personal and financial information from time to time to enable and enhance your use of our Platform. By providing us your personal information and granting access to your Account Information or information held and maintained by third party institutions, you authorize us and our business partners to collect, use, hold, disclose (as required), and protect your information in accordance with our Privacy Policy and Security Standards.

This authorization stays true until you request otherwise or cancel your Flamingo account. In the event of account cancellation, if you use multiple accounts or have accounts linked to multiple email addresses, please make sure to cancel each account separately.

However, if you only seek correction of personal information saved with Us, you can find guidance on that and further details under our Privacy Policy. You will also find information on how to report a security or consumer rights breach in accordance with Australian Privacy Laws.

We would also like to take this opportunity to assure you that we prioritize the privacy and protection of your personal and financial information held by us. You can review our security standards and procedures by visiting our Security Page and seeing how we strive to safeguard your information using the latest technologies and industry standards.

We do not review or collect any unnecessary Account Information for any purposes, including but not limited to accuracy, legality, and non-infringement.

However, we are not responsible for any damage, loss of information, personalization settings, or other features, arising out of any technical or other difficulties on the part of third-party institutions. In the same vein, we do not accept responsibility for accuracy, timeliness, modifications, deletion, non-delivery, or failure to store user data, communications, and personalization settings.

We may also use your suggestions, feedback, ideas, or criticism in any way to improve our Platform as well as advertising and marketing content. You grant us full rights – perpetual, transferable, irrevocable, royalty-free – to use your feedback as such.

However, we will not sell or publish your feedback or use your feedback in a way that makes you identifiable without your explicit permission.

When you accept these terms, you are also consenting to our Privacy Policy (at the time of your Flamingo account registration) by default. Therefore, we also recommend that users go through the privacy policy in detail and seek guidance from us if they do not understand any part of our Privacy Policy, Security procedures, and Terms.

Intellectual Property Rights held by Us

All the content on our Website and App is copyright content and protected by intellectual property rights (including copyrights, trademarks, and other rights and laws), including text, graphics, and logos. We (and our related companies) own and license all rights (including copyrights, patents, trademarks, and other intellectual property rights).

You may not copy, download, use, publish, or distribute any of the information contained on our Website and App in any form without first seeking written consent from the relevant company or us.

You agree not to indulge in any activity that interferes with or breaches our intellectual property rights, including but not limited to the content modification, reverse engineering of our tools, attempting to learn the source code, creating a derivative work, or sharing, selling or transferring any content on the Website and our Platform.

However, you may view content or print a copy of our Website or App material for personal, non-commercial purposes while agreeing to not modify any information or content, including any copyright notices.

In addition, you acknowledge that you will not be part of any activities that involve:

  • use of any software tool, program, algorithm, methodology, or technology to access, monitor, duplicate or acquire our Platform or crawl, scrape, deep-link, or gather data from our Platform without our explicit consent on the matter;
  • engagement in activities that overload our network or interfere with computer systems that support our Website and Platform;
  • collection or storing data about other users of our Platform;
  • attempt to impersonate another user, disable a host, falsely represent association with another person or organization, engage in a denial-of-service or similar attacks;
  • use of any suspicious software, tool, or other methods including but not limited to malware, robots, data scrapers, browsers, avatars, spiders, or intelligent agents, to navigate our Platform other than the regularly used search engines and browsers or as supported by us (such as Microsoft Edge, Google Chrome, Safari, etc.); and
  • use and distribution of any copyrighted material (including promotional or advertising material, notices, unsanctioned solicitation, chain letters, mass email) through posts or electronic and other forms of communication for commercial or other purposes.

Limitation of Liability

Neither Flamingo Tech, our service providers, nor our business partners will be liable for any damage or loss suffered by you resulting from your negligent use of our Platform, including but not limited to damage or loss of information arising in the event of:

  • your discretional use of our Platform;
  • the inaccuracies, errors, or mistakes in the information provided by you on or via the Platform;
  • the non-functioning or non-availability of the Platform for reasons out of our control;
  • the misuse of the Platform by any third party authorized by you to access your Account Information;
  • the modification, misrepresentation, or misuse of information shared with you or with us by a third party on our behalf via email or otherwise;
  • any malware, viruses, and bugs transmitted to your device by a third party while using our Platform or via email;
  • claims, warranties, and information presented by third parties in connection with the use of our Platform;
  • any loss or unauthorized access to any data or information that you provide to us when using the Platform;
  • any loss caused due to unauthorized transactions arising from the use of your Account Credentials or Account Information;
  • any illegal, defamatory, or offensive conduct by a third party;
  • your violation of any third-party rights; and
  • any failure, damage, or default beyond our reasonable control.

Our liability is limited, to the maximum extent permitted by Australian law, regarding negligence, breach of agreement, or violation of any Australian Law arising from the failure to provide full functionality of our Platform or any part of it, or for any inaccuracies or problems associated with your use of the Platform (including any loss of data or information you provide to us when using the Platform), except for those that cannot be limited or excluded by law and/or limits any party’s rights under the Australian Consumer and Privacy Laws.

Our website and Platform are offered for usage under Australian Consumer Laws. We make no warranties and representations for other jurisdictions. Users accessing and using our Platform from other jurisdictions do so of their own accord and are solely responsible for compliance with their local laws.

Your access and use of our Platform may be interrupted from time to time owing to any of the reasons, including but not limited to regular updating, maintenance, and repair, technical difficulties, or any other operational complications.

You recognize that we reserve the right to cancel your registration or terminate your use of our Platform at any time with or without prior notice as a consequence of reasons including but not limited to:

  • breach of any applicable law or breach of any of the Terms;
  • if we conclude that your conduct is derogatory to our name or reputation; and
  • if we conclude that your conduct violates our rights or those of another party.

In case your account is canceled for any of the above or other reasons, the cancellation will be final, and your account will not be reactivated.

We are not responsible for monitoring any person’s use of our Platform. However, we reserve the right to monitor different aspects of our Platform and retain and disclose necessary information as required by us and permitted by law or request by any law enforcement authority in any jurisdiction.

You understand that we also reserve the right to modify or discontinue, temporarily or permanently, parts or the entirety of our Website and Platform without prior notice. You agree that we will not be liable to you or any other third party for such modification or discontinuation.

Your Responsibility as a User

You affirm and can provide evidence that you are above 18 years of age, an emancipated minor, possess legal parent or guardian consent, and can fully understand, enter into and comply with the terms, conditions, obligations, representations, affirmations, and warranties described in these Terms.

In any case, you affirm that you are over 13 years of age as our Platform is not intended for children. We present these Terms upon sign-up so that you are fully aware of the Terms you are entering into.

You acknowledge that we have given you a reasonable opportunity to review and consider these Terms, and you agree to them before initiating access and use of our Platform.

You understand and agree that it is your responsibility to maintain and protect your account information and password using which you access and use our Platform. You must protect the confidentiality of your Login ID, password, and other information you provide to us at the time of registration with us.

That is the ID we use to communicate with you and send you required notices via email. It is your responsibility to update your information and provide us your latest address if there has been a change or notify us if you become aware of unauthorized use of your Registration Information at [email protected].

You are also responsible for providing us with complete, accurate, and current information which will enable you to benefit from our Platform to the fullest. You must not misrepresent your registration or financial information. You must not use our Platform for unlawful or deceptive activities.

If you fail to do so, we can not ensure the accuracy, effectiveness, or continued usage of our Platform to you.