Pty Ltd ACN 008 131 137 trading as Okke (referred to as “Service Provider”, “we” or “us”) and the user
(referred to as “Customer” or “you”) (Agreement). By using the Software you agree to be bound by these
Terms and Conditions. If you do not agree to the terms of this Agreement, do not use the Software.
1. Definitions and Interpretations
In this Agreement, unless the context otherwise requires:
Authorised User means the user(s) permitted to use the SaaS Services.
Business Day means a day on which banks are open for general banking business in South
Australia, excluding Saturdays, Sundays and public holidays.
Claim means any actual, contingent, present or future claim, demand, action, suit or
proceeding for any Liability, restitution, equitable compensation, account, injunctive relief,
specific performance or any other remedy of whatever nature and however arising, whether
direct or indirect, and whether in contract, tort (including but not limited to negligence) or
Confidential Information means:
(b) the terms of this Agreement; and
(c) all information, know-how, ideas, concepts, lists, format, systems, technology,
industrial, marketing, Intellectual Property Rights and commercial knowledge (and
whether in tangible or intangible form, oral or visual form, or recorded or stored in a
document) which relates directly or indirectly to the disclosing party (Discloser), or
any of its past, existing or future business, operations, administration or strategic
plans or which is owned, used or licensed by the Discloser,
but does not include:
(d) information which is or becomes generally available in the public domain (other than
through breach of this Agreement or an obligation of confidence);
(e) information rightfully received by the receiving party (Recipient) from a third party
(that is not a representative of the Discloser) who is under no obligation of
confidentiality in relation to the information and who has not obtained that information
either directly or indirectly as a result of a breach of any duty of confidence owed to
the Discloser; or
(f) information which the Recipient can prove by contemporaneous written
documentation was already known to it at the time of disclosure by or on behalf of the
Discloser (unless such knowledge arose from disclosure of information in breach of
an obligation of confidentiality).
Customer Data means the Customer’s account information, account access information,
registration information (which is provided by the Customer or otherwise received by Yodlee
from the Service Provider or the Data Source) and includes the Data.
Customer Environment means the computing environment of the Customer including all
hardware, software, information technology and telecommunications services and Systems.
Data means all of the information, documents and other data provided by the Customer or
their Personnel to the Service Provider, any content uploaded by the Customer or its
Personnel to the Service Provider’s System, any data which is generated by the use of the
Services, any data that is stored by the Service Provider for the purpose of providing the
Services, or otherwise accessed by the Service Provider in providing the Services.