Terms of Use
Last Updated: January 15, 2025
Welcome to Cavitorant. These terms govern your access to and use of our financial record management services and website located at cavitorant.com. By accessing or using our services, you agree to be bound by these terms.
If you don't agree with any part of these terms, you should stop using our services immediately. We've tried to make this as straightforward as possible, but some legal language is necessary to protect both parties.
1. Service Description
Cavitorant provides financial record management tools and related services to individuals and businesses throughout Australia. Our platform helps you organize, track, and maintain financial documentation in accordance with Australian tax and business regulations.
We offer various service tiers, each with different features and storage capabilities. The specific features available to you depend on your chosen subscription level.
Important: Our services are designed to assist with financial record keeping. We do not provide accounting advice, tax preparation services, or legal counsel. You should consult qualified professionals for such advice.
2. Account Registration and Eligibility
2.1 Age Requirements
You must be at least 18 years old to create an account. If you're registering on behalf of a business entity, you must have authority to bind that entity to these terms.
2.2 Account Information
When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
2.3 Account Security
You're responsible for maintaining the security of your account credentials. We recommend using a strong, unique password and enabling two-factor authentication where available. Don't share your login details with anyone.
3. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these terms. Specifically, you agree not to:
- Upload, store, or share content that is illegal, fraudulent, or infringes on others' rights
- Attempt to gain unauthorized access to our systems or other users' accounts
- Introduce viruses, malware, or any harmful code
- Use automated systems or bots to access the service without permission
- Interfere with or disrupt the service or servers
- Reverse engineer, decompile, or disassemble any portion of the service
- Use the service to send spam or unsolicited communications
- Impersonate any person or entity or misrepresent your affiliation
Violations of this policy may result in immediate suspension or termination of your account, with or without notice.
4. Your Content and Data
4.1 Ownership
You retain all rights to the financial records, documents, and data you upload to our service. We don't claim ownership of your content.
4.2 License to Use
By uploading content, you grant us a limited license to store, process, and display your data as necessary to provide the service. This includes making backups, performing technical maintenance, and improving our services.
4.3 Data Backup
While we perform regular backups, you're responsible for maintaining your own backup copies of important financial records. We're not liable for any data loss, though we take reasonable steps to prevent it.
4.4 Data Retention
After account termination, we'll retain your data for 90 days before permanent deletion. You can request earlier deletion by contacting us. Some data may be retained longer where required by law.
5. Privacy and Data Protection
Your privacy matters. We collect, use, and protect your personal information according to our Privacy Policy and Australian Privacy Principles under the Privacy Act 1988.
We implement reasonable security measures to protect your data, including encryption and secure data centers. However, no system is completely secure, and we can't guarantee absolute security.
You can access, update, or delete your personal information through your account settings. For additional assistance, contact us at contact@cavitorant.com.
6. Payment Terms
6.1 Subscription Fees
Access to certain features requires a paid subscription. Fees are charged in advance on a monthly or annual basis, depending on your chosen plan. All prices are in Australian dollars and include GST where applicable.
6.2 Payment Methods
We accept major credit cards, debit cards, and direct debit arrangements. You authorize us to charge your chosen payment method automatically for recurring subscriptions.
6.3 Price Changes
We may change our pricing with at least 30 days' notice. If you don't agree with a price increase, you can cancel your subscription before it takes effect.
6.4 Refunds
Monthly subscriptions are non-refundable. For annual subscriptions, you may request a pro-rata refund within 14 days of your initial purchase. After that period, annual fees are non-refundable except as required by Australian Consumer Law.
7. Cancellation and Termination
7.1 Your Right to Cancel
You can cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period. You'll retain access until then.
7.2 Our Right to Suspend or Terminate
We may suspend or terminate your account if you:
- Breach these terms or our policies
- Fail to pay applicable fees
- Engage in fraudulent or illegal activity
- Create risk or legal exposure for us or other users
We'll generally provide notice before termination unless immediate action is necessary to protect our systems or comply with legal requirements.
7.3 Effect of Termination
Upon termination, your right to use the service ends immediately. We may delete your data after the retention period specified in section 4.4.
8. Intellectual Property Rights
The Cavitorant platform, including its software, design, logos, and content (excluding your uploaded data), is owned by us or our licensors. These are protected by Australian and international intellectual property laws.
You receive a limited, non-exclusive, non-transferable license to access and use the service for its intended purpose. This license doesn't include any right to:
- Copy, modify, or create derivative works
- Distribute, sell, or sublicense the service
- Remove any proprietary notices
- Use our trademarks without written permission
9. Third-Party Services
Our platform may integrate with or link to third-party services (such as banking institutions or accounting software). We're not responsible for these external services, their content, or their privacy practices.
Your use of third-party services is governed by their own terms and conditions. We recommend reviewing those terms before connecting external services to your account.
10. Disclaimers and Limitations
10.1 Service Availability
We strive to maintain reliable service but can't guarantee uninterrupted access. The service is provided "as is" and "as available" without warranties of any kind, either express or implied.
We don't warrant that the service will be error-free, secure, or meet your specific requirements. You use the service at your own risk.
10.2 Professional Advice
Our tools help you organize financial records. They don't constitute professional accounting, tax, legal, or financial advice. You should consult qualified professionals for such advice.
10.3 Limitation of Liability
To the maximum extent permitted by law, we're not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
Our total liability for any claims related to the service is limited to the amount you paid us in the 12 months before the claim arose, or 0 AUD, whichever is greater.
10.4 Australian Consumer Law
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be lawfully excluded. Where we're liable for breach of a consumer guarantee, our liability is limited to resupplying the service or paying the cost of resupply, at our discretion.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use or misuse of the service
- Your breach of these terms
- Your violation of any laws or third-party rights
- Content you upload or share through the service
12. Dispute Resolution
12.1 Informal Resolution
If you have a concern or dispute, please contact us first at contact@cavitorant.com. We'll try to resolve issues informally before any formal proceedings.
12.2 Governing Law
These terms are governed by the laws of the Northern Territory, Australia. You agree to submit to the exclusive jurisdiction of courts in Darwin, Northern Territory for any disputes.
12.3 Mediation
Before initiating court proceedings, both parties agree to attempt mediation through a mutually agreed mediator. Each party bears its own mediation costs unless otherwise agreed.
13. Changes to These Terms
We may modify these terms from time to time. When we do, we'll post the updated terms on our website and update the "Last Updated" date above.
For material changes, we'll provide at least 30 days' notice via email or through the service. Your continued use after changes take effect constitutes acceptance of the modified terms.
If you don't agree with the changes, you should cancel your account before they take effect.
14. General Provisions
14.1 Entire Agreement
These terms, together with our Privacy Policy, constitute the entire agreement between you and Cavitorant regarding use of the service.
14.2 Severability
If any provision of these terms is found unenforceable, that provision will be modified to the minimum extent necessary, or severed if modification isn't possible. The remaining provisions remain in full effect.
14.3 No Waiver
Our failure to enforce any right or provision doesn't constitute a waiver of that right or provision.
14.4 Assignment
You can't assign or transfer these terms or your account without our written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
Neither party is liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, strikes, or government actions.
14.6 Notices
We may provide notices through the service, by email, or by postal mail to the address on your account. You agree that electronic communications satisfy any legal requirement that communications be in writing.
15. Definitions
- Service
- The Cavitorant platform, website, applications, and all related services provided by us.
- Content
- Any data, files, documents, records, or information you upload, store, or transmit through the service.
- Account
- Your registered user profile that provides access to the service.
- Subscription
- A paid plan that provides access to premium features or increased storage capacity.
- We, Us, Our
- Cavitorant, the company operating the service from 3 Cardona Ct, Darwin City NT 0800, Australia.
- You, Your
- The individual or entity using the service or accessing the website.