Terms of Service

Version 1.3 — Last updated: 16 April 2026 | Jurisdiction: Victoria, Australia

This document has been drafted using current Australian legal standards and is intended as a starting point. It does not constitute legal advice. You should seek independent legal advice from a qualified Australian legal practitioner before relying on this document.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Anum Pty Ltd (ABN 80 697 129 525, ACN 697 129 525) ("Summed", "we", "us", "our"), a company registered in Victoria, Australia. By accessing or using the Summed platform at summed.com.au ("Service"), you agree to be bound by these Terms. This agreement is formed in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000 (Vic), which recognise the validity of electronic contracts and communications.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

In these Terms, the following definitions apply:

3. Description of Service

Summed provides a cloud-based bookkeeping and financial record-keeping platform designed for Australian small businesses, particularly those in the hospitality sector. The Service includes:

4. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. By using the Service, you represent that you meet these requirements and that the information you provide during registration is accurate and complete.

5. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@summed.com.au of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

6. Subscription Plans and Payment

The Service is offered under tiered subscription plans. Details of plans and pricing are available on our website and may change from time to time with reasonable notice.

7. Your Data

You retain ownership of all data you enter into the Service ("Your Data"). We do not claim any intellectual property rights over Your Data. You grant us a limited licence to store, process, and display Your Data solely for the purpose of providing the Service to you.

You may export Your Data at any time using the CSV export features provided in the Service. Upon account termination, we will retain Your Data for 90 days to allow for data export, after which it may be permanently deleted.

7A. Bank CSV Import

The Service allows you to upload CSV files that you have exported from your own banking institution for the purpose of importing transaction data into your Summed account. By using this feature, you acknowledge and agree that:

8. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy. You agree not to misuse the Service, including but not limited to using it for unlawful purposes, attempting to gain unauthorised access, or interfering with other users' access.

9. Service Not Financial Advice

Summed is a record-keeping tool only. The Service does not provide tax advice, financial advice, or BAS agent services. All reports generated by the Service are based on user-entered data and should be reviewed by a qualified accountant, tax agent, or financial professional before being used for any lodgement, compliance, or business decision. See our Financial Disclaimers for full details.

9A. Pay Rate Calculations

The Service includes staff pay rate estimation features including penalty rates, public holiday rates, casual loading, and overtime calculations. These are provided as internal record-keeping estimates only and do not constitute payroll processing, employment law advice, or award interpretation. All pay rate calculations are based on user-configured settings and default values that may not reflect your specific Modern Award, Enterprise Agreement, or individual employment contracts.

You accept full responsibility for ensuring all pay rates, penalty rates, overtime calculations, and public holiday rates comply with the Fair Work Act 2009 (Cth), the National Employment Standards, and your applicable Modern Award or Enterprise Agreement. Summed does not verify the accuracy of pay rate configurations and is not liable for any underpayment, overpayment, or non-compliance resulting from the use of these features. You should verify all rates at fairwork.gov.au or by contacting the Fair Work Infoline on 13 13 94.

10. Data Accuracy

You are solely responsible for the accuracy and completeness of all data in the Service, whether entered manually or imported via CSV upload (including bank transaction imports). Summed does not verify, audit, validate, or reconcile user-entered or imported data against any external source, including your banking institution. We are not liable for any errors, omissions, or consequences arising from inaccurate data entry or import.

10A. Third-Party Data

If you input personal information about third parties into the Service (such as staff names, pay rates, or shift records), you represent and warrant that:

You indemnify us against any claim or loss arising from your failure to obtain appropriate consent or provide appropriate notification before entering third-party personal information into the Service.

11. Availability and Maintenance

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled or emergency maintenance that temporarily affects access. We will endeavour to provide reasonable notice of planned maintenance.

12. Consumer Guarantees and Australian Consumer Law

The Service comes with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms purports to exclude, restrict, or modify any Consumer Guarantee, right, or remedy conferred by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement. Any term of these Terms that is inconsistent with any such guarantee, right, or remedy is void to the extent of the inconsistency.

For services supplied to consumers (as defined in the ACL), the Consumer Guarantees include guarantees that services will be rendered with due care and skill (s 60), will be reasonably fit for a particular purpose (s 61), and will be supplied within a reasonable time (s 62).

If we fail to comply with a Consumer Guarantee and the failure cannot be remedied, or is a major failure, you may be entitled to a refund. If the failure can be remedied, we will use reasonable efforts to remedy it within a reasonable time.

13. Limitation of Liability

Subject to section 12 (Consumer Guarantees), to the maximum extent permitted by law, Summed's total aggregate liability to you for any claim arising from or related to the Service is limited to the total amount you paid to us in the 12 months preceding the claim.

Subject to section 12 (Consumer Guarantees), we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, arising from your use of the Service.

To the extent our liability for breach of a Consumer Guarantee cannot be excluded but can be limited, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again, as permitted by s 64A of the ACL.

14. Indemnification

You agree to indemnify and hold harmless Summed, its directors, officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service in breach of these Terms; (b) your violation of any applicable law; (c) your violation of any rights of a third party; or (d) any inaccurate data you enter into the Service.

This indemnity is proportionate to the extent that the claim, damage, or expense is attributable to your conduct. This indemnity does not apply to the extent that a claim arises from Summed's own negligence, wilful misconduct, or breach of these Terms. Nothing in this indemnity limits or excludes any Consumer Guarantee or right under the ACL.

15. Intellectual Property

The Service, including its design, software, logos, and content (excluding Your Data), is owned by Summed and protected by Australian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during your subscription period.

16. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

17. Termination

We may suspend or terminate your account if you breach these Terms, fail to pay subscription fees, or engage in conduct that we reasonably determine is harmful to the Service or other users. We will provide reasonable notice before termination where practicable.

Upon termination, you may request an export of Your Data within 90 days. After that period, we may permanently delete Your Data.

18. Dispute Resolution

If a dispute arises under or in connection with these Terms, the parties agree to attempt to resolve the dispute through the following process before commencing court proceedings:

  1. Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation. You should contact us at support@summed.com.au with details of the dispute. We will respond within 10 Business Days.
  2. Mediation: If the dispute is not resolved within 30 days of the initial notification, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in Melbourne, Victoria. The costs of mediation will be shared equally.
  3. Court proceedings: If the dispute is not resolved within 30 days of referral to mediation, either party may commence court proceedings.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction. This clause does not affect your right to make a complaint to the ACCC, a state or territory consumer protection agency, or the OAIC.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 14 days before the changes take effect. If you do not agree to the updated Terms, you may terminate your account before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

20. Force Majeure

Neither party will be liable for any failure or delay in performing an obligation under these Terms where the failure or delay results from any cause beyond the reasonable control of that party, including but not limited to: acts of God, natural disaster, pandemic, fire, flood, government action, war, terrorism, cyber-attack, power failure, or telecommunications failure. This clause does not affect your rights under the Consumer Guarantees.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. Subject to the dispute resolution process in section 18, any disputes arising under these Terms are subject to the non-exclusive jurisdiction of the courts of Victoria, Australia. We acknowledge that you may also have the right to bring proceedings in the courts of your state or territory of residence.

22. Severability

If any provision of these Terms is found to be void, unenforceable, or invalid by a court of competent jurisdiction, that provision will be severed from the remainder of these Terms and the remaining provisions will continue in full force and effect. If a provision can be read down to be valid and enforceable, it will be read down to the minimum extent necessary.

23. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and Financial Disclaimers, constitute the entire agreement between you and Summed in relation to the Service and supersede all prior representations, agreements, and understandings.

24. Contact

If you have questions about these Terms, please contact us:

Anum Pty Ltd (ABN 80 697 129 525, ACN 697 129 525)
Email: support@summed.com.au
Jurisdiction: Victoria, Australia