WeMoney Terms of Use

Introduction

This service is operated by WeMoney Pty Ltd ACN 633 007 860, Australian Credit Licence ("ACL") 526330 trading as WeMoney ("WeMoney", "we", "us" and "our") under the domain name www.wemoney.com.au and mobile phone app listed on the Google Play™ and Apple™ App Store ("WeMoney Service").

The following terms and conditions ("Terms") apply to the entire WeMoney Service and any subsequent versions of the WeMoney Service. The WeMoney Service provides users, including visitors using the WeMoney Service and registered members of the WeMoney Service ("you" and "your") with the ability to receive details about their credit score as well as information and tools to compare a range of products, credit providers and services. 

We may also tell you about products or promotions from our [connected network of product providers. You can read our Credit Guide here (http://wemoney.com.au/credit-guide). We are an information service only and do not suggest or recommend any particular product or lender. You must make your own inquiries to ascertain the suitability of a product to your own needs. We recommend that you take independent financial or legal advice before applying for any product. See clause 3 for more information.

Please read through these Terms carefully prior to accessing or using the WeMoney Service. Your registration for access to, or use of, the WeMoney Service indicates that you agree to abide by, and be bound by, these Terms. These Terms may change (see clause 15). If you do not accept these Terms, please leave the WeMoney Service and discontinue use of our Services immediately. 

  1. Registration

To be eligible to use our Services via the WeMoney Service you must be: 

  • 18 years of age or older; 
  • hold an Australian driver's licence and Australian passport or hold a foreign passport with an Australian visa;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the WeMoney Service in accordance with these Terms, 

(collectively, the "Eligibility Criteria").

We may vary the Eligibility Criteria from time to time, for example where there is a change in law or to comply with our obligations to third parties. If you no longer meet any amended Eligibility Criteria, we may need to suspend your account until you prove you meet the new Eligibility Criteria. 

You must be a registered member to use the WeMoney Service. 

When you register and activate your account, you will provide us with personal information such as your name and email address. You will also be required to verify your identity and may be directed to a third party service provider, such as RapidID, to do so. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://www.wemoney.com.au/privacypolicy. Refer to the third party's privacy policy to understand how that third party handles your personal information. We are not responsible for your use of the third party identity verification service. 

When you register and activate your account, you will provide a login (in the form of a valid email address) and password ("Login Details"). You are responsible for keeping your Login Details secure and are responsible for all use and activity carried out under your Login Details. We recommend you logout of the WeMoney Service when you are not using it. 

When you add your account from a financial institution, we will use services provided by a third party, such as Yodlee, Inc. or Basiq Pty Ltd ("Basiq"), to automatically pull the data from your financial institution to display on your WeMoney dashboard. When you enter your financial institution account details, you will be directed to the relevant third party to enter your details and to accept its terms of use. Please read the relevant terms of use and consider if they are acceptable to you before proceeding. For Basiq, please refer to the Basiq Terms (set out at in Annexure 2 to these Terms). 

Please email us immediately if you become aware of any unauthorised use of your Login Details or any other breach of security. For our contact details, please refer to the 'Contact Us' section in these Terms.

  1. Appointment as Access Seeker

The WeMoney Service allows you to obtain automatic updates provided by the credit reporting bodies set out in Annexure 1 regarding your credit score and other Credit Information (as defined below) held about you the credit reporting body. This information is delivered through the WeMoney Service and presented to you in your WeMoney dashboard and credit report card ("Credit Report Card"). 

To request access to a copy of your full free credit report, please contact the credit reporting body directly.

Your credit information may include the following (where applicable):

  • your personal identification information, including your name, contact details and date of birth;
  • your consumer credit liability information;
  • your repayment history information;
  • a statement that an information request has been made about you by a third party;
  • the type of consumer credit and amount of credit sought in an application to a lender and in connection with which a lender has made an information request;
  • your default information;
  • your payment information;
  • a statement that terms or conditions of your original consumer credit has been varied or that you have been provided with new consumer credit following a default, court proceedings or personal insolvency information; and
  • any other such information as set out in section 6N of the Privacy Act 1988 (Cth) ("Privacy Act"),

(together, "Credit Information"). 

By requesting access to your credit score, or Credit Report Card, you consent and authorise:


  • WeMoney to act as your agent and access seeker for the purposes of the Privacy Act, to request the credit reporting body to provide your credit score to WeMoney for your Credit Report Card;
  • WeMoney and our agents to use and disclose your personal information, including the Eligibility Criteria, to verify your identity, including with various government entities and credit reporting bodies;
  • each credit reporting body listed in Annexure 1 to collect, use, disclose, transfer and store your identification information (including your full name and any aliases or previous names, date of birth, current or last known address, two previous addresses, current or last known employer and/or driver's licence number) as credit reporting information (as defined in the Privacy Act); and
  • WeMoney to collect and/or store your Credit Information and any related data from the credit reporting body for the purposes of collecting, using, disclosing, transferring or otherwise handling your Credit Information and any related data consistent with these Terms. This includes incorporating your Credit Information into your Credit Report Card and providing you with access to this information on the WeMoney Service.

This consent and authority continue until such time as you cancel your WeMoney Service account. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately. 

You can revoke your authority and withdraw your consent at any time, however you will no longer be able to use the WeMoney Service.

For more information on how we collect, use, hold, disclose and protect your personal information, including your Credit Information, please refer to the WeMoney Privacy Policy https://www.wemoney.com.au/privacypolicy.

For information on how the credit reporting body handles your personal information, please refer to its privacy policy, available on its website. See Annexure 1 for more information. 

  1. We do not assess the suitability of a product or give advice

We do not provide general or personal financial, legal or tax advice, or credit assistance of any form. We never consider your own personal characteristics to determine which information we display to you, the order of that information, or whether a product might be suitable for your needs.  

Any information on the WeMoney Service is of a factual and informative nature only. You must consider your own personal financial objectives and circumstances before acting upon any of the information featured on the WeMoney Service. We strongly encourage you to gather additional information from the relevant Product Provider, such as (to the extent applicable) their Credit Guide, Financial Services Guide, Product Disclosure Statement, and product feature information.  We also recommend that you seek independent advice when considering applying for any product or service that you see featured on the WeMoney Service.

You will deal with the relevant Product Provider directly in relation to the acquisition of any product or service featured on the WeMoney Service. We do not assist with your application for any product or service and the credit-related information we access on your behalf does not guarantee suitability, acceptance or eligibility for any product or service. If you tell us to provide your personal information to a lender, we do this as an administrative service to you to only, to save you from having to type your information twice. 

  1. Commission

In return for publishing information about credit products, or if you click on a product promotion, we may receive a commission fee, referral payment or publishing fee. The amount of this fee is unascertainable and may change based on volume, product class or other features. To keep things fair:

  • we will usually order credit promotions from lowest to highest comparison rate, or similar; and
  • we never select or order credit promotions based on commission or benefits to us.

Regardless, we always recommend that you obtain advice when considering whether a product is suitable for your own needs.

If you take-out credit that is regulated by the National Credit Code, your credit contract will usually describe the referral fees and commission that has been paid by the lender in relation to your contract. 

  1. Linked sites and comparison functionality 

The WeMoney Service includes information provided by financial institutions, credit providers, mortgage brokers, and other organisations or persons in connection with the products or services displayed on the WeMoney Service ("Product Provider"). 

We reserve the right to determine which Product Provider, products or services are included on, or removed, from the WeMoney Service, however this is not an endorsement or recommendation by us. We accept no responsibility for any Product Provider's information posted on the WeMoney Service. We recommend you view the relevant Product Provider websites and ask them for further information before making any decision in relation to those Product Providers, products or services.

The products and services featured on the WeMoney Service are not comprehensive or representative of the market and do not cover all products, credit providers or services available. You will be presented with offers and paid-for-marketing by Product Providers and third parties on the WeMoney Service.

The products and services on the WeMoney Service may be sorted by you. The display or order of products shown on the WeMoney Service is not an indication of product ranking, suitability or eligibility for a particular Product Provider, product or service. This applies irrespective of whether we receive any commission, referral fee or payment from a Product Provider.

Each product or service displayed on the WeMoney Service will be subject to its own terms and conditions set by the Product Provider. You should obtain information directly from a Product Provider before deciding to apply for, or acquire, a product or service featured on the WeMoney Service.

  1. Accuracy, completeness and timeliness of information

The information on the WeMoney Service is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the WeMoney Service, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the WeMoney Service. You should monitor any changes to the information contained on the WeMoney Service.

You and other users of WeMoney can post comments, photos and videos, submit ratings and otherwise post or submit content to the WeMoney Service ("User Content"). We do not take any steps to ensure the accuracy or completeness of any User Content. Please contact us immediately if you think any User Content violates these Terms.

We receive your Credit Information from the credit reporting bodies set out in Annexure 1 and rely on those credit reporting bodies to provide us with accurate and up-to-date credit-related information about you. We are not liable for any incorrect or incomplete information or data provided to us by any credit reporting body or for any loss you may suffer by relying upon the accuracy or completeness of your Credit Report Card or any other information provided on the WeMoney Service. 

Your credit score is calculated and produced by each credit reporting body independently. Our Service only reflects the data sourced from the relevant credit reporting bodies we have obtained your credit score from, and not any data maintained by any other credit reporting body. Please be aware that your credit score presented in the WeMoney Service may be different from a credit score obtained elsewhere. The way we present your credit score and other Credit Information about you may differ from the way it is presented if requested directly from a credit reporting body. However, the information is based upon a subset of the same underlying data.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the WeMoney Service or a linked website. You must take your own precautions to ensure that whatever you select for your use from the WeMoney Service is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the WeMoney Service (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the WeMoney Service updated. We are not liable to you or anyone else if errors occur in the information on the WeMoney Service or if that information is not up-to-date.

  1. Direct marketing

By registering for an account with the WeMoney Service and opting in to receive news and offers, you consented to receive marketing electronic messages from us, including by email or other electronic means. You may at any time choose not to receive these direct marketing communications. If this is the case, please log into your account at www.wemoney.com.au (or via the app) and edit the subscription preferences in your profile or use the 'unsubscribe' link in the relevant message.

Withdrawing your consent to receive marketing electronic messages from WeMoney does not:

  • withdraw your consent to receive information electronically relevant to the operations of the WeMoney Service and your account; or
  • withdraw your consent to receive information from affiliates or subsidiaries of WeMoney.
  1. Intellectual Property

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the WeMoney Service and in all material (including all User Content, text, graphics, logos, audio and software) made available on the WeMoney Service.

The trademarks featured on the WeMoney Service (whether registered or unregistered) are primarily our trademarks or those of our affiliates. Other trademarks may also be featured on the WeMoney Service and are trademarks of their respective owners. Such trademarks must not be used or modified in any way without our prior express and written consent or the consent of the relevant affiliate or third party owner.

By posting or submitting User Content via the WeMoney Service, you grant us a royalty-free, non-exclusive, transferable, world-wide perpetual right to use, reproduce, modify, publish, distribute, create derivative works from, communicate to the public, or use for any purpose your rating or content in any form or media. You waive any moral rights that you may have in your User Content. 

By giving you permission to access and use the WeMoney Service, we grant you a non-exclusive, revocable, non-transferable licence to access and use the WeMoney Service on the terms and conditions of these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from the WeMoney Service including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by us. We reserve the right to add, remove or vary any source code or software.

Any reproduction or redistribution of any materials made available on the WeMoney Service is prohibited and may result in civil and criminal penalties. In addition, you must not copy any materials to any other server, location or support for publication, reproduction or redistribution. 

  1. No commercial use

The WeMoney Service is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any materials, software, products or services contained within the WeMoney Service without our prior express and written consent. 

You may not use the WeMoney Service, or any of its materials, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or application.

You may download material from the WeMoney Service for your personal, non-commercial use only, however these Terms continue to apply to such material and we retain all intellectual property rights in such material. 

  1. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the WeMoney Service, including but not limited to:

  • using data mining, robots, screen scraping, or similar data gathering and extraction tools on the WeMoney Service for establishing, maintaining, advancing or reproducing information featured on the WeMoney Service, or in any other publication, except with our prior express and written consent; 
  • using the WeMoney Service in any manner or for any purpose which is unlawful or in any manner which violates these Terms or any of our rights;
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using the WeMoney Service to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to the WeMoney Service any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security; or
  • removing or altering any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the WeMoney Service or used in connection with the WeMoney Service. 

If we allow you to post any User Content to the WeMoney Service, we have the right to take down this User Content at our sole discretion and without notice.

  1. Warranties

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the WeMoney Service or materials on the WeMoney Service, including but not limited to warranties or representations that they are complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from virus, or that the WeMoney Service will be secure.

  1. Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law, and notwithstanding any other provision of these Terms, in no event will we, our subsidiaries and affiliates, be liable to you for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, arising out of: 

  • your use or inability to use, or access, the WeMoney Service or any of the Services or in relation to any content or information obtained through the WeMoney Service;
  • any financial decision or action taken by you in reliance upon any information contained on, or omitted from, the WeMoney Service; 
  • the acts or omissions of Product Providers, credit reporting bodies and any other third parties who provide the information and data used to compile the information featured on the WeMoney Service; and
  • any User Content posted by you or other WeMoney members.
  1. Indemnity

To the extent permitted by law, you indemnify and hold us harmless from any loss, action, proceeding, cost, expense, liability, claim or demand arising from or in connection with a breach by you of these Terms, including any inaccurate, misleading or fraudulent personal information provided by you.

  1. Termination, cancellation and suspension of use

We reserve the right to terminate, suspend or otherwise limit your access or use to our Service if we have reason to believe that you are misusing your account with us, breaching these Terms or engaging in fraudulent or unlawful behaviour, without any prior notice to you.

If you do not or are unable to provide the required personal information, including in connection with the Eligibility Criteria, or if we are not satisfied as to your identity, we may refuse to provide you with access to any or all of the Service.

We also have the right to vary, discontinue or cease offering any aspect of the Services without any prior notice to you and we have no liability for any costs, losses or damages of any kind arising as a consequence of such termination.

  1. Changes to these Terms and the WeMoney Service

Acting reasonably, we reserve the right to change these Terms and make changes to the content and layout of the WeMoney Service, at any time. Subject to clause 16, we will provide notice of the updated Terms to your last known electronic address. 

If you do not wish to accept the variation, you may cancel your membership without cost. Any subsequent access to, or use by you, of the WeMoney Service will constitute acceptance of any varied or modified Terms. 

  1. Your contact information

We will send you notices and correspondence to the contact details you provide to us. It is your responsibility to notify us of any change to your contact details or other personal information. We will not be held responsible for any correspondence not received due to inaccurate personal details you have provided us or if you fail to notify us of changes to your personal details.

If your mailbox rejects our email messages we may turn off notifications for your account. You will still be able to log in and you can turn notifications back on in your Profile.

  1. Assignment

You may only use the WeMoney Service for your own purpose. You must not transfer, assign or novate your rights under this Agreement or your WeMoney Service. 

  1. Waiver and severability

If we fail to exercise or enforce any right or provision under these Terms, this is not to be construed as any waiver of those rights or provision. 

If any of these Terms are considered invalid or unenforceable, the remaining provisions remain in full force and effect. 

  1. Governing law

These Terms and all aspects of the WeMoney Service are governed by the laws of the State of Western Australia. Disputes arising in connection with the WeMoney Service or these Terms will be subject to the non-exclusive jurisdiction of the courts of Western Australia. 

  1. Contact us

If you have any questions or concerns regarding these Terms or any of our Services, please email us on hello@wemoney.com.au.

If you have a complaint or dispute, please email us on complaints@wemoney.com.au

If you have any questions or concerns regarding your privacy, how we collect or use your personal information, please email us at privacy@wemoney.com.au.

If you believe the information contained in your credit file, Credit Report Card or any other credit-related information is wrong, please contact your credit provider and/or the credit reporting body to have the mistake investigated and corrected. Please be aware that any incorrect information noted on your Credit Report Card may be listed with other credit reporting bodies.

  1. External Dispute Resolution 

If you are unhappy with our resolution of a complaint, you may contact our External Dispute Resolution Scheme ("EDR") provider, the Australian Financial Claims Authority ("AFCA"). AFCA is a free service, and can be contacted at:

  • Online: www.afca.org.au
  • By phone: 1800 931 678


These Terms were lasted updated on 31st March 2021.

Annexure 1

Credit Reporting Bodies

Equifax Australia Information Services and Solutions Pty Limited (Equifax)

W: https://www.equifax.com.au/contact

T: 13 83 32

Experian Australia Pty Ltd (Experian)

W: https://www.experian.com.au/

T: 1300 783 684

E: creditreport@au.experian.com

Annexure 2

Basiq Terms

1. PROVIDE ACCURATE INFORMATION

1.1 Each User agrees to provide and warrant that all information provided or otherwise submitted via the Services is true, accurate and complete. 

1.2 Each User acknowledges and agrees that it is responsible for its use of the Services and that:

each User uses the Services at their own risk;

the Services will only be used for the User’s own lawful purpose in accordance with this Minimum User Terms; and

if there are any unauthorised access or use of the Services or any breach of security, the User must immediately notify WeMoney of such activity.

  

2. PROPRIETARY RIGHTS

2.1 The User represents and warrants it is permitted to use content delivered to the User via the Services. The User may not copy, reproduce, distribute or create derivative works from this content. The User agrees not to reverse engineer any of the source code or technology associated with the Services.

 

3. CONTENT AND DATA

3.1 Your use of the Services supplied by WeMoney is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint WeMoney as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for WeMoney and Basiq to supply Services to you.

3.2 Each User is licensing to WeMoney and its service providers (including but not limited to Basiq) (Service Provider) any information, data, materials or other content the User provides through or to the Services (Content), the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to the User. 

3.3 Each User acknowledges and agrees a Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through the User’s use of the Services. 

 

4. DISCLAIMERS 

4.1 Each User acknowledges and agrees that:

its use of the Services and all information, products or content are provided to such User in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, the User and Service Providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services;

the User is responsible for determining the suitability of any Services and such User relies on any Content or other information provided via the Services at its own risk;

use of the Services, Content and other information provided by WeMoney and Service Providers is at their own risk and the restrictions applicable to WeMoney are equally applicable to the User;

WeMoney and Basiq makes no warranty that:(i) the Services will meet the User's requirements; (ii) the quality of the Services will meet the User’s expectations; (iii) the Services will be uninterrupted or error-free; (iv) any information, product or content obtained via the Services will be accurate or reliable; and (v) any errors in the software or technology will be corrected.

the User downloads or otherwise obtains through the use of the Services the material or data at its own discretion and risk and that the User will be solely responsible for any infections, contaminations or damage to their computer, system or network; and

 WeMoney  and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any User’s use of the Services, any third party software, services or operating system.

 

5. LIMITED WARRANTIES

5.1 The User warrants that:

it has the power, right, authority and entitlement to execute these Terms and perform its obligations under these Terms;

it has full corporate power to execute, deliver and perform its obligations under these Terms;

these Terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and

in entering into and performing its obligation under these Terms it has not and will not be in breach of any relevant law or any obligation owed to another person.

 

6. INDEMNITY

6.1 Each User agrees to be liable for and to indemnify, defend and hold Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

any violation of these Terms or of any intellectual property or other right by the User;

any use or misuse of the Services, Content or data from or by the User, its employees, contractors or agents or any third party; and any breach of law, regulation or licence by a User.

Each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these Terms.

 

7. BASIQ A PARTY

7.1 Each User acknowledges and agrees that:

the User enters into these Terms with WeMoney who, for the purposes of accepting these Terms, is acting as limited agent for Basiq; and each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provision as if Basiq were a party to these Terms.