My PlayDough – Educators – Terms of Service
Effective 6 March 2023
These terms of service (“Terms of Service”) pertain to the My PlayDough – Educators Platform (“Platform”, as defined below) and constitute a legal agreement between you and Pay Me Now Please Pty Ltd trading as oNesto Australia (“oNesto”). As used in these Terms of Service, the words “you” and “your” refer to you, the user of the Platform (as defined below), as the party agreeing to these Terms of Service. The words “we”, “us”, “our” and any other variation thereof refer to oNesto. Any reference to “oNesto” in this document includes our directors, officers, employees, contractors, and owners. As used in these Terms of Service, the term “Platform” includes all platforms associated with My PlayDough – Educators’ and oNesto’s websites, any websites or applications that are used to access the My PlayDough – Educators Platform and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word “including” in these Terms of Service to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. Capitalised terms not defined in the applicable paragraph will have the meaning set out in clause 19 below.
1. Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ONE MEMBER BENEFITS PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE MY PLAYDOUGH – EDUCATORS PLATFORM.
You may not use the My PlayDough – Educators Platform or accept these Terms of Service, if (a) you are not legally capable of entering into binding contracts, or you do not have legal capacity to do so; (b) you are prohibited by law from receiving or using the Platform; (c) you are not an Australian resident; or (d)you do not have a valid and verifiable email address and Australian mobile phone number. When you use the Platform after you are notified of the changes, you are deemed to have accepted the new Terms of Service and agree to be bound by the changes. You can withdraw from using Platform at any time.
2. Authority to Make Deductions
To access the Platform’s Earned Wage Access Service, you must agree and provide authorisation to allow your Employer to make deductions from your wages in accordance with the requirements of the Fair Work Act 2009 (Cth) (“Fair Work Act”). This authorisation is required to enable Us to provide the Earned Wage Access Service to you, and to enable your Employer to deduct from your Receivable Wages an amount to repay to us the benefit you receive from us via the Platform, being an advance on your Receivable Wages, plus the payment to us of the Payout Fee. If you do not want to use the Earned Wage Access Service, you can opt out of it in the on-boarding process, or by contacting Support.
It is your choice as to whether you authorise your Employer to make a deduction from your Receivable Wages and pay that amount to Us, however, if you do not provide such authorisation, we cannot provide the Earned Wage Access Service to you.
In particular, section 324 of the Fair Work Act only permits your Employer to make deductions from your Receivable Wages where you provide written authorisation for your Employer to do so, and where the deduction authorised by you is principally for your benefit. When you sign up to the Platform, and in addition to other information you provide to us or we seek to obtain from you or from your Employer about you, you will:
- check a box to confirm that you have authorised your Employer, in writing, to make deductions on your behalf, and for your Employer to pay such deductions to Us, referable to the Earned Wage Access amount you will receive from Us and the applicable Payout Fee; and
- acknowledge and agree that you have given such authorisation of your own accord, for your own benefit and in the absence of any influence or pressure to do so by your Employer.
The amount you authorise your employer to deduct will be expressly shown to you when you use the Platform and request the Earned Wage Access Service. On each occasion you request Earned Wage Access, you will receive an advance payment (the amount of which is determined by you and may vary at your election) on your Receivable Wages. The Earned Wage Access amount will be displayed on the Platform, which will separately display the Deduction Amount which is owed in relation to the Earned Wage Access amount.
Each request for a Wage Access is a one-off (as opposed to recurring) payment request. In respect of each amount you request using the Earned Wage Access service on the Platform, you must separately authorise your Employer to deduct the Deduction Amount from your Receivable Wages and to pay that amount to Us.
Where you provide such authorisation, your Employer (or Payroll Processor, if applicable) will deduct the Deduction Amount from the Receivable Wages owing to you on the next Pay Date and pay the Deduction Amount to Us.
You may withdraw your authorisation for your Employer to make a deduction from your Receivable Wages and to pay that deduction to oNesto at any time, provided that where an Earned Wage Access amount has already been paid to you before the relevant Pay Date, you acknowledge and agree that your earlier authorisation will continue to apply until We have received from your Employer (or Payroll Processor, if applicable), or from you in the event that your Employer is unable to pay (refer to clause 10 below), the Deduction Amount owed in respect of the Advanced Wages.
3. Your Virtual Accounts
Your Virtual Accounts are for your personal use only. You must not permit another person to access your One Member Benefits account or your Virtual Accounts.
Your Shopping Account and your Savings Account will allow you to accept deposits from an external bank account, or your Earned Wage payments. Once money has been deposited into your Shopping Account you will be able to make purchases with our selected retailers in the Platform by using Shop. Please note that you cannot make giftcard purchases from your Savings Account, however you can transfer from your Savings Account to your Shopping Account.
After completing your purchases, your cashback saving will be transferred into your Savings Account. You can transfer funds from your Shopping Account and your Savings Account, free of charge.
You can make withdrawals from your Shopping Account and your Savings Account. Please note that transaction times will vary. You can withdraw funds to an Australian bank account of your choice.
When making any bank transfers through when using the Platform, it’s your responsibility to ensure that all bank account information you have provided is correct. If you enter an incorrect BSB, account number or PAYID your payment may be paid to an unintended recipient and may not be recovered. We do not check that the details provided by you are correct or that the account name matches the account number. It is also your responsibility to ensure that your PAYID is correctly copied to your external bank if you wish to transfer funds into your oNesto Shopping Account or your Savings Account. If you enter an incorrect PAYID to your external bank when making a transfer your payment may be paid to an unintended recipient and may not be recovered.
The Platform allows you to make purchases at any of the approved retailers. Using funds from your Shopping Account, you can purchase a variable or fixed value giftcard for your desired approved retailer. Please note, you are not able to make purchases from funds in your Savings Account.
Giftcard means a stored value or prepaid card which:
- can be used to purchase services or merchandise from suppliers;
- may not be redeemable for cash;
- prominently displays either the expiration date or the number of months following purchase that such card or mechanism expires.
For the avoidance of doubt, gift card means closed loop pre-paid cards.
Any terms and conditions pertaining to your purchase of a giftcard with a selected retailer will be displayed via the Platform before you confirm your purchase. Please note that any terms and conditions between you and the selected retailer are independent of us. If you have any issues with goods or services purchased with selected retailers using a giftcard purchased on the Platform, you should follow this up directly with the selected retailer.
Please note that the list of retailers is subject to change, and we make no warranties about the availability of any selected retailers on the Platform.
When selecting to purchase a giftcard with a selected retailer, if you wish to use funds in your Shopping Account for a one-off purchase, you can select the amount for that purchase at the time of payment and make the transaction using your variable value giftcard. If you are left with a residual balance on your Digital Giftcard, you can move this residual balance to the Gift Card Section in Pocket, where it will then be stored as a fixed card, for you to use another time.
Please note that we make no representations that it will be able to show residual balances of your Digital Giftcards. The availability of Digital Giftcards balances will depend on the specific approved retailer.
If you have a loyalty card for any of our approved retailers, you can store these in the Platform under the Pocket section for Loyalty Cards. You will be able to use your loyalty cards at selected retailers at the time of purchase, when using the Platform.
If your Employer provides you with a monetary award via Awards, you will be able to make purchases via the Platform with any of the retailers for the amount provided. Any savings accrued will be placed into your Savings Account.
4. Consumer Rights
The delivery and the quality of the goods and/or services purchased by you with your Digital Giftcards is the responsibility of the approved retailer, where you make your purchase/s.
You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from approved retailers on the oNesto platform using Digital Giftcards. We cannot ensure that an approved retailer will complete your transaction.
As a consumer, you have certain rights under consumer protection legislation (“Consumer Rights”). These rights include:
- Statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies, including, in some cases, damages for reasonably foreseeable losses; and
- Non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.
Nothing in these Terms of Service is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws. Subject to your Consumer Rights, we do not give any implied warranties or guarantees. Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Digital Giftcards on our platform, and we make no representations or warranties regarding the amount of time needed to complete the processing of orders or payment transactions.
5. Privacy and your Personal Information
6. Your Information
You agree to provide accurate and up to date profile information, including, as applicable, your name, date of birth, member number, postcode, email address or other contact information, bank account details and any additional information, such as the identity verification information referred to below, which may be required by us from time to time (“Your Information”) to enable us to provide our services to you.
By agreeing to these Terms of Service, you represent that Your Information you provide to us is information about you and not information about another identifiable individual, and that it is accurate and up to date.
You further agree to promptly update Your Information whenever any aspect of Your Information, including your employment status and earnings information, is no longer accurate. You can update Your Information by clicking on the settings link after you login to the Platform. If you need assistance with altering or updating Your Information, please email us at email@example.com.
Any failure to promptly update Your Information is a breach of these Terms of Service and may impact the services we provide, or is able to provide in the future, to you.
We do not accept any responsibility for any payment processing errors, bank or other fees, or other Platform-related issues arising from your failure to update and keep current Your Information.
In order for you to use the Platform we may be required to verify Your Information you provide to us, and your identity.
You authorise us to request confirmation from your employer any of Your Information you provide to us.
You further authorise us to take additional steps as necessary to validate your identity in accordance with our obligations under Australian law. These additional steps may include asking you for further information or requiring you to take steps to confirm ownership of your email address or bank account. If you do not provide this information, or we cannot verify your identity to our satisfaction, we can refuse, at our absolute discretion, to provide to you the services provided on the Platform.
If you believe that Your Information, or a device that you use to access the Platform, has been lost or stolen, that someone is using your account without your permission, or that an unauthorised transaction has occurred on your account, you must notify us immediately at firstname.lastname@example.org.
7. Disclosure and Consent to Electronic Communications
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information may be provided by us to you electronically (e.g., by email, through the MyPlayDough – Parents Platform or to your mobile device) on an ongoing basis, unless and until you withdraw your consent as set out below.
The categories of information that we may provide to you electronically include:
- these Terms of Service and any replacements, amendments, modifications, or supplements;
- records of any payment and other transactions you handle through the Platform, including payment histories and transaction confirmations;
- disclosures or notices provided in connection with the Platform, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
- any customer service communications, including communications with respect to claims of error or unauthorised use of the Platform; and
- any other communication related to the Platform (collectively, “Communications”).
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing”. You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Platform.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting us at email@example.com and stop using the Platform. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
8. Modification to the Platform
We reserve the right to discontinue, temporarily or permanently, remove your access to the Platform and to change these Terms of Service, from time to time. Your use of the Platform after any change(s) will constitute your agreement to such change(s).
The Earned Wage Access Service in the Platform allows you to receive payments of between $100-$500 of your wages prior to your ordinary pay date. If you request an Earned Wage Access payment, you may be charged a flat fee of $5.00 AUD each time you use the service (the “Payout Fee”). This fee is shown to you at the time you request your Earned Wage Access Service using the Platform and when you provide written authorisation regarding your Employer deducting this amount in the Platform. The Payout Fee will be payable at the time of payment of your Earned Wage Access payment.
The Payout Fee is the charge for participating in our Earned Wage Access Service.
The Payout Fee is not dependent on the amount that you request from us. You incur the Payout Fee for each transaction of Earned Wage Access payment, irrespective of the amount you receive, if you request payment to an external bank account. We want you to get the most from our service, and so we recommend that you keep this is in mind. For example, two (2) advances of $100, for example, will cost twice as much as one (1) advance of $200.
Except for the Processing Fee as outlined in the preceding paragraph, there are no additional fees for using the oNesto Platform.
10. Platform – Ongoing Conditions of Use
Your right to access and use the Platform is not transferable to any other person or entity, and you may only access and use the Platform for lawful purposes.
We have partnered with your Employer and, where applicable, Payroll Processor to provide you access to the Earned Wage Access Service made available to you via the Platform.
On each occasion that you submit a request for Earned Wage Access payment through the Platform, you confirm that you:
- are currently employed by your Employer and that you;
- have not been terminated or received notice of the termination of your employment (for any reason, including redundancy);
- have not resigned or given notice of resignation from your employment;
- are not a director of your Employer, or a spouse or relative of a director of your Employer; and
- have an entitlement to the Receivable Wages pursuant to a current contract of employment, and that the Receivable Wages exceed the Earned Wage Access amount requested.
If any of the above representations are not true and correct at the time an Earned Wage Access payment request is made by you, we reserve the right to determine that you have breached these Terms of Service, and to take any of the actions detailed under clause 10 below in relation to your use or continued use of the Platform.
As set out under clause 6 above, we reserve the right to communicate with your Employer to obtain confirmation of any information you provide to us in support of an application for Earned Wage Access payment or any other services we may provide to you via the Platform.
We reserve the right at any time to provide written documentary evidence to your Employer regarding your use of the Platform, including but not limited to confirmation that you have signed up to the Platform, and your written authorisation to make deductions from your salary or wages. We may also notify your Employer in the event you elect to stop using the Platform. You agree to us communicating with your Employer and disclosing certain information to your Employer as a condition of you using, and in order to facilitate the ongoing provision to you of our services.
At the time an Earned Wage Access payment is paid to you, your Employer and, if applicable, Payroll Provider will be notified, either by you or by us acting on your behalf, that you have received an Earned Wage Access payment. You consent to us notifying your Payroll Processor or Employer and, if applicable, Payroll Provider on each separate occasion that you request, and we agree to provide to you, an Earned Wage Access payment (“Earned Wage Access Notification”).
You acknowledge and agree that an Earned Wage Access Notification (whether it is given by you or us acting on your behalf) will constitute a written acknowledgement and confirmation by you that you have received from us a portion of your Receivable Wages in advance and that you authorise your Employer and, if applicable, Payroll Processor, to withhold the Deduction Amount from your Receivable Wages on the next Pay Date.
If you have received an Earned Wage Access payment from us you must not notify your Employer and, if applicable, Payroll Processor that you have not received it with a view to avoiding repayment of the Deduction Amount to us. Any such action will constitute a breach of these Terms of Service and may result in us withdrawing the services it provides to you. We reserve the right to take such action as is required to recover from you any Earned Wage Access amount paid to you which is not repaid to us in accordance with these Terms of Service and any other action that may be available to it in the circumstances.
In order to provide its Earned Wage Access Services to you, we use several methods to determine your current earnings, such as the earnings history and time and attendance data you provide to us, together with any information we request from your Employer. In rare instances, we may incorrectly calculate or record your earnings information, which may result in an Earned Wage Access payment being paid to you in excess of your Receivable Wages.
You acknowledge and agree that a Deduction Amount owing in respect of an Earned Wage Access payment is to be repaid on the Pay Date immediately following the Earned Wage Access payment to you. In the event that the Earned Wage Access amount exceeds your Receivable Wages for that Pay Period, such that there is a balance owing to us in respect of the Deduction Amount, you will authorise your Employer, in writing, to make a deduction (or deductions) on the following Pay Date (or subsequent Pay Dates) in order to repay the Deduction Amount in full.
In the event that you are no longer employed by your Employer, or for any other reason you do not receive a further payment of salary or wages from your Employer, we will contact you directly to make arrangements for you to repay the balance owing to us.
In either scenario, we will communicate with you regarding the reason for the overpayment, the amount of the overpayment and the way in which we propose that repayments will be made. In the event that this would create any financial issue for you, please reach out to us at firstname.lastname@example.org where our support staff will work with you on this issue.
Your access to and use of the Platform may be interrupted from time to time for a number of reasons, including: the malfunction of equipment, periodic updating, maintenance or repair of the Platform, or other actions that we, in our sole discretion, may elect to take. To the extent permitted by Australian law, we will not be liable to any party for any loss, cost, or damage that results from any period of downtime of our websites or the Platform.
11. Recovery of Earned Wage Access Payments
As part of your Employer’s agreement with us, your Employer undertakes to pay to us the Deduction Amount.
In the event that your Employer is unable to pay the Deduction Amount to us due to the Employer suffering an Insolvency Event, you:
- unconditionally and irrevocably undertake to repay to us the Deduction Amount if any Deduction Amount is outstanding at the time of the Insolvency Event; and
- unconditionally and irrevocably transfer and assign absolutely the whole of your right, title and interest in and to your Receivable Wages to us to the extent of the outstanding Deduction Amount (Assigned Entitlements Claims) (including, for the avoidance of doubt, the extent to which you may be entitled to a priority payment under s 556 of the Corporations Act 2001 (Cth))(the Assignment).
You acknowledge and agree that you have no further right or entitlement in respect of the Assigned Entitlements Claims and undertake to:
- take all steps necessary in order to enable us to assert its rights as assignee or transferee for the purposes of the Assigned Entitlements Claims;
- give your Employer and any other third party written notice of the assignment when requested by us to do so;
- act at the reasonable direction and under the authority of us for the purposes of the Assigned Entitlements Claims;
- provide us with all relevant documents and information reasonably requested by us in relation to the Assigned Entitlements Claims;
- formally appoint and/or nominate us as your agent for the purposes of recovering amounts under the Assigned Entitlements Claims when requested by us to do so;
- assist us when reasonably requested to do so to enable us to have the full benefit of the Assigned Entitlements Claims; and
- do all things reasonably necessary to give full effect to the assignment and the matters contemplated by it, including:
- executing or ensuring the execution of documents; and
- ensuring that relevant third parties do all things reasonably necessary to give full effect to the assignment.
- We accept the assignment of the Assigned Entitlements Claims; and
- We undertake to hold on trust and to remit to you any amounts received by it in relation to the Assigned Entitlements Claim which exceed the outstanding Deduction Amount.
Any amount paid to or received or recovered by you in relation to the Assigned Entitlements Claim from your Employer or pursuant to the Fair Entitlements Guarantee Act 2012 will be held by you on trust for the benefit of us and must be paid immediately and directly to us unless and until the outstanding Deduction Amount has been paid.
The parties acknowledge and agree that to give effect to this clause, we have a security interest in any amounts held by you as referred to immediately above, to give effect to the repayment obligation in this clause.
We agree that its recourse under the undertaking given by you in this clause 10 is limited to any steps necessary to give effect to and take the full benefit of the Assigned Entitlements Claims.
12. Modification to the Platform
We reserve the right to discontinue, temporarily or permanently the Platform and will provide you with notice. We reserve the right to change the Platform, including applicable fees and we will provide advance notice to you. If you do not agree to the changes after receiving a notice of the change to the Platform, you may stop using the Platform. Your use of the Platform after you are notified of any change(s) will constitute your agreement to such change(s).
Access and use of Your Information – by submitting Your Information to us you are licensing that information to us solely for the purpose of us providing the services relating to the Platform. We may use and store the content for the purpose of providing these services to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using the Earned Wage Access Service, you expressly authorise us to access Your Information, including any maintained by your Employer, on your behalf as your agent.
You hereby authorise and permit us to use and store Your Information to accomplish the foregoing and to configure the Earned Wage Access Service so that it is compatible with your Employer’s site.
13. Unauthorised Payments to You
You acknowledge that you are obliged to remit the Earned Wage Access payment in any single payroll period. In the event of an erroneous payment or an unauthorised Earned Wage Access payment to you, or in the event that you breach these Terms of Service by receiving an Earned Wage Access payment when you are not entitled to do so under these Terms of Service, for instance, in the event that they are no longer employed by your Employer when you requested an Earned Wage Access payment, we will notify you about this and will seek repayment via direct debit through Zepto, or any other means it chooses, including but not limited to engaging a debt collection agency. In the instance of an erroneous payment, you authorise us to settle the amount owing by direct debit and acknowledge that you are obliged to remit the funds to us. Please note that if you are not able to remit the Earned Wage Access payment/s via direct debit then we will hold you liable for any Earned Wage Access payment in accordance with clause 14 below.
Please note that your own deposit taking institution may charge you direct debit failure fees if our attempt to recover the outstanding debt is not successful.
14. No Unlawful or Prohibited Use
As a condition of your use of the Platform, you represent and warrant to us that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
- request a payment by reference to Receivable Wages that are not owed to you by your Employer;
- accept payments into your Virtual Accounts that are not for the purpose of transacting within the Platform;
- use the Platform in any manner that could damage, disable, overburden, or impair the Platform;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform;
- access the Platform by any means other than through the interface that is provided by us for use in accessing the Platform;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform; or
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
If we, in our sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect us, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- close, suspend, or limit your access to your account or ability to use the Platform;
- following notice to you, we may update inaccurate information you provided us;
- refuse you access to Platform; and
- hold you liable to us for the amount of our damages caused by your violation of these Terms of Service.
We, in our sole discretion, reserve the right to terminate these Terms of Service or access to the Platform and will provide notice to you.
15. Our Intellectual Property Rights
All content provided by us in connection with the Platform, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the“Content”) and the selection and arrangement thereof is owned exclusively by us or the licensors or suppliers of the Platform and is protected by Australian and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on the Platform may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of us.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to us are confidential and we may only use such information for the purpose of delivering the Platform.
16. Disclaimer of Presentation and Warranties
THE PLATFORM, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY AUSTRALIAN LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY AUSTRALIAN LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE PLATFORM, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR PLATFORM IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
17. Limitation of Liability
TO THE EXTENT PERMITTED BY AUSTRALIAN LAW, WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE PLATFORM, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE PLATFORM, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE AND THE PLATFORM DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. NOTHING IN THESE TERMS OF SERVICE CONSTITUTE FINANCIAL ADVICE.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
18. Governing Law & Forum for Disputes
These Terms of Service, and your relationship with us under these Terms of Service are governed by the laws of the State of Victoria, Australia.
In these Terms of Service, the following words and phrases will have the following meaning:
“Earned Wage Access Payment” means a payment of a portion of your Receivable Wages that you have requested be paid to you by us in advance of the relevant Pay Date.
“Earned Wage Access Service” means the service by which we provide Earned Wage Advances as outlined in these Terms of Service.
“Deduction Amount” means the combined total of the Earned Wage Access Payment amount requested by you during before the relevant Pay Date, plus the Payout Fee (as detailed in clause 6 of these Terms of Service).
“Employer” means the individual or entity by whom you are employed, pursuant to a contract of service, to perform work, and in consideration for which you receive salary or wages.
“Insolvency Event” means the occurrence of any one or more of the following events in relation to the Employer:
- a liquidator or provisional liquidator is appointed;
- an administrator is appointed to it under the Corporations Act ss 436A, 436B or 436C;
- a Controller (as defined in the Corporations Act s 9) is appointed to it or any of its assets;
- a receiver is appointed to it or any of its assets;
- it proposes a winding-up, dissolution or reorganisation, moratorium, deed of company arrangement or other administration involving one or more of its creditors;
- a notice is issued under the Corporations Act ss 601AA or 601AB; or
- anything occurs under the law of any jurisdiction which has a substantially similar effect to any of the events set out in the above paragraphs of this definition.
“Pay Date” means the date on which you receive a payment from your Employer or Payroll Processor (if applicable) to your nominated bank account in respect of the Receivable Wages owing to you as at that date.
“Payroll Processor” means the company that processes and pays your Receivable Wages, if that is not your Employer and your Employer outsources its payroll to a third party provider.
“Receivable Wages” mean the net wages or salary that is payable, but not yet paid, to you by your Employer on each Pay Date for work performed by you under your employment contract with your Employer.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and us, regarding the subject matter of the same and supersedes all other previous agreements.
21. Complaints and Disputes
Disputes between you and a Retailer
If you have a dispute with a Retailer or Third Party Supplier (as applicable), you should file a dispute through direct contact with the approved retailer where you made the purchase.
Disputes between you and us:
We will acknowledge receipt of all complaints within 1 business day or as soon as reasonably practicable; will provide an initial response to all complaints within 10 business days from the date of the complaint; and aim to resolve all complaints within 21 days. If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Mail: Level 3, 67 Hardware Lane, Melbourne, VIC 3000, Australia
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
Where we cannot resolve the dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute. When we have completed our investigation of your complaint, we will provide you with a written response, which will include: the outcome of our investigation; your right to take your complaint to the Australian Financial Complaints Authority (“AFCA”); and AFCA’s contact details.
There may be some circumstances where (unless otherwise required to do so) we will not provide you with a written response because we have either:
- Resolved the complaint to your satisfaction within 5 business days; or
- Given you an appropriate explanation and/or apology and there are no further actions we can reasonably take to address the complaint.
Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
When we have completed our investigation of your complaint, we will provide you with a written response, which will include the outcome of our investigation.
If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact AFCA using the details listed below.
Phone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority – GPO Box 3, Melbourne VIC 3001
Please note that AFCA may not deal with your complaint unless you have tried to resolve the problem with us first and either:
- We have provided you with a formal response; or
- At least twenty (20) business days (or the timeframe outlined by AFCA) has elapsed since you made the complaint