These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer") and Tunny Cloud Services Pty Ltd (ABN 66 686 664 273) ("we", "us", "our"), governing your access to and use of CDRscanner ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
CDRscanner is a hosted data quality assurance service that continuously monitors and compares interest rate and fee information published by Australian authorised deposit-taking institutions (ADIs) across their Consumer Data Right (CDR) Open Banking API, publicly accessible PDF rate schedules, and publicly accessible website pages. The Service is designed to assist product, compliance, and operations teams within Data Holder organisations to identify and resolve discrepancies in their own published product data. Monitoring results are intended for the Customer's internal use only.
Authorised use. The Service is intended to be used by, or with the express authorisation of, the Data Holder whose product data is being monitored. The Service accesses only publicly available data sources — the same data accessible to any member of the public — solely for the purpose of quality comparison on behalf of the subscribing organisation. The Customer warrants that their use of the Service in relation to any particular Data Holder is authorised by that Data Holder.
Not a regulatory tool. CDRscanner does not submit, report, or disclose data to the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), or any other regulatory body. The Service does not constitute legal advice, compliance certification, or a representation that the Customer's published data meets any regulatory standard.
The Service is available to corporate entities and their duly authorised employees or contractors. By registering, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to bind your organisation to these Terms; and (c) your organisation's use of the Service is lawful in all applicable jurisdictions.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at hello@tunny.io upon becoming aware of any actual or suspected unauthorised access to your account.
You agree not to, and must not permit any third party to:
Access to the Service is provided on a subscription basis at the pricing agreed at the time of sign-up or as set out in a separate order form or statement of work. Subscriptions are billed monthly or annually in advance and are non-refundable except as required by law.
All fees are quoted in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST). Where applicable, GST will be added to invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
We reserve the right to suspend or terminate access to the Service if any amount remains outstanding for more than 14 days following written notice of non-payment.
All intellectual property rights in and to the Service — including without limitation the software, algorithms, dashboard, documentation, and any enhancements or derivative works — vest in and remain the exclusive property of Tunny Cloud Services Pty Ltd. These Terms do not grant you any rights in our intellectual property except the limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during the subscription term.
You retain ownership of all data and configuration you provide to us. By using the Service, you grant us a limited, non-exclusive licence to process that data solely as necessary to provide the Service to you.
Monitoring results generated by the Service (including comparison reports and screenshots) are derived from publicly available data sources. You acknowledge that such results may incorporate third-party content and agree to use them only for internal quality monitoring purposes.
We will handle your personal information in accordance with our Privacy Policy, which forms part of these Terms. We treat your account configuration, monitoring results, and any non-public information you share with us as confidential and will not disclose such information to third parties except as described in the Privacy Policy or as required by law.
Monitoring results produced by the Service are provided for your internal use only. You are solely responsible for any decisions made, actions taken, or communications made in reliance on those results. We make no representation that monitoring results are complete, accurate, or current at any given time.
To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis without warranty of any kind, whether express, implied, or statutory, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
We do not warrant that: (a) the Service will be error-free, uninterrupted, or free from harmful components; (b) the Service will identify all discrepancies in published product data; or (c) data sourced from third-party systems (including CDR APIs, PDFs, and websites) will be accurate, complete, or available at any time. Those data sources are outside our control.
Nothing in these Terms excludes any guarantee, condition, or warranty implied by the Competition and Consumer Act 2010 (Cth) or other applicable legislation that cannot lawfully be excluded.
To the maximum extent permitted by law, we will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of or inability to use the Service, regardless of the cause of action or the theory of liability, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising under or in connection with these Terms will not exceed the total subscription fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Tunny Cloud Services Pty Ltd and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in breach of these Terms; (b) your violation of any applicable law or regulation; or (c) any claim by a third party that your use of the Service infringed their rights.
Either party may terminate the subscription at the end of the then-current billing period by providing written notice prior to the renewal date. We may suspend or terminate your access with immediate effect if you materially breach these Terms and fail to remedy that breach within 7 days of written notice, or if we reasonably determine that your conduct poses a risk to the Service, other customers, or any third party.
Upon termination for any reason, your right to access the Service will immediately cease. We will retain your account data for 30 days following termination, after which it will be permanently deleted. Provisions that by their nature should survive termination — including intellectual property, liability, indemnification, and governing law — will continue to apply.
We may modify the Service or these Terms at any time. We will provide at least 14 days' prior written notice of material changes to registered users by email. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must cease using the Service before the changes take effect.
These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia for the resolution of any dispute arising out of or in connection with these Terms.
These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements, representations, and understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Tunny Cloud Services Pty Ltd
ABN 66 686 664 273
hello@tunny.io