One Member Benefits – Terms of Service
Effective 21 December 2022
These terms of service (“Terms of Service”) pertain to the One Member Benefits 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 platform associated with One Member Benefits’ and oNesto’s websites 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 18 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 ONE MEMBER BENEFITS PLATFORM. You may not use the One Member Benefits 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. 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 Member Group 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.
3. 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.
4. Privacy and your Personal Information
5. 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 firstname.lastname@example.org.
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 Member Group of 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 email@example.com.
6. 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 oNesto to you electronically (e.g., by email, through the oNesto 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 may be provided by oNesto 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 oNesto Platform, including payment histories and transaction confirmations;
- disclosures or notices provided in connection with the oNesto 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 oNesto Platform; and
- any other communication related to the oNesto 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 oNesto 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 firstname.lastname@example.org and stop using the oNesto 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.
7. Modification to the One Member Benefits 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 oNesto Platform after any change(s) will constitute your agreement to such change(s).
8. 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:
- 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, believe 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 for the amount of damage we suffer, caused by your violation of these Terms of Service.
9. 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.
10. 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.
11. 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.
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.
12. 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.
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.
14. 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 complain