(a) This service is operated by:
(i) WeMoney Pty Ltd ACN 633 007 860, Australian Credit Licence 526330 (ACL) and operating under the domain www.wemoney.com.au;
(ii) WeMoney NZBN 9429050147854 and operating under the domain www.wemoney.co.nz; and (together and each to be referred to as WeMoney, we, us and our)
(iii) and mobile phone app listed on the Google Play™ and Apple™ App Store (the WeMoney Service).
(b) The following terms and conditions (Terms) apply to our provision of the WeMoney Service to you. The WeMoney Service is a smart money management service that connects all of your financial accounts in one place, tracks your overall financial health including providing users (you and your) with details about your credit score as well as information and tools using your financial data to compare for you a range of products, credit providers and services and make your aware of options available to you for your consideration. We may also tell you about products or promotions from our connected network of product providers. The WeMoney Service is an information service only and does not suggest nor recommend any particular product or lender that is appropriate and specific to your needs. We only provide information for you to decide whether you want to explore further and consider it for your needs and circumstances. You must make your own further 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 4 for more information.
(a) Please read through these Terms carefully prior to accessing or using the WeMoney Service. These Terms are separate from and do not affect the Terms applicable to any product that you may choose to apply for.
(b) The information in these Terms is subject to change. We may vary these Terms and when we do, we will post the current version on our website. Please check our website for the current version of these Terms.
(c) For Australian customers only - You can read our Credit Guide here (http://wemoney.com.au/credit-guide).
(d) If you have any questions, please ask us
If there is anything in these Terms that you want to ask us about, simply contact us:
For Australian Customers
To report suspected unauthorised access or a security breach to your WeMoney Service please email us at firstname.lastname@example.org
For New Zealand customers:
To report suspected unauthorised access or a security breach to your WeMoney Service please email us at email@example.com
(a) Contractual relationship
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. If you do not accept these Terms, please leave the WeMoney Service and discontinue use of our Services immediately.
If you decide to open, use or access the WeMoney Service, these Terms create the terms and conditions of the contract between you and us. These Terms become binding once you register and have access to, or use the WeMoney Service. From this effective date, the obligations arising under these Terms are enforceable and apply to any instructions and information you give to us through the WeMoney Service. Other terms may apply by operation of law, but where it is not reasonably practical to mention those legislative, common law or other provisions in these Terms, such Terms may still be applicable to the WeMoney services provided to you. Please read these Terms carefully before using our WeMoney Service. You will then know what to expect from us and what we expect from you.
You can ask us questions about any of the Terms you do not understand. If you use our WeMoney Service, you should keep a copy of these Terms and all other documentation for future reference.
(i) To be eligible to use our WeMoney Service you must be:
(A) 18 years of age or older;
(B) for customer’s within Australia, hold an Australian driver's licence and Australian passport or hold a foreign passport with an Australian visa;
(C) for customer’s within New Zealand, hold a New Zealand driver's licence and New Zealand passport or hold a foreign passport with an Australian visa;
(D) possess the legal right and ability to enter into a legally binding agreement with us; and
(E) agree and warrant to use the WeMoney Service in accordance with these Terms,
(collectively, the Eligibility Criteria).
(ii) 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.
(iii) You must be a registered member to use the WeMoney Service.
(ii) When you register and activate your account, you will choose 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.
(d) Data Aggregators
When you add your account from a financial institution, we will use services provided by a third-party data aggregator such as Yodlee, Inc. or Basiq Pty Ltd (Basiq), to automatically pull the data from your financial institution to display on your WeMoney Services 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 their terms and conditions of use. Please read their relevant terms and conditions 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.
(e) Notifications on your Mobile device
(i) You need to enable notification on your mobile device so we can send you notifications to your registered mobile device. Your mobile notifications can be enabled and disabled at any time by you via your settings on your mobile device.
(ii) Remember that anyone who has access to your mobile device will be able to see your notifications.
(iii) Some notifications are "actionable". This means that when you receive a notification, you can select it in order to access more information or perform an instruction.
(iv) Communications network or system outages, or other factors beyond our control (such as your internet connection or mobile device limitations) may delay or affect delivery and receipt of your mobile notifications. You may not be able to receive notifications if you have uninstalled your mobile Internet Access application on your device, or if your device has been deregistered.
(v) We may without notice to you, temporarily suspend or terminate our notifications service for any reason.
(a) The WeMoney Service allows you to obtain automatic updates provided by the credit reporting bodies set out in clause 3(ii) below regarding your credit score and other Credit Information (as set out below) held about you by 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).
(b) The Credit Reporting Bodies in Australia that WeMoney uses are as follows:
(i) Equifax Australia Information Services and Solutions Pty Limited (Equifax)
T: 13 83 32
(ii) Experian Australia Pty Ltd (Experian)
T: 1300 783 684
(c) The Credit Reporting Agencies in New Zealand that WeMoney uses are as follows:
(i) Equifax New Zealand Services and Solutions Limited (Equifax)
T: 0800 653 309
(ii) Experian New Zealand Limited (Experian)
T: (64) 9 927 4611
together and each to be referred to as the Credit Reporting Bodies.
(d) For information on how the credit reporting body handles your personal information, please refer to their privacy policies available on their websites.
(e) To request access to a copy of your full free credit report, please contact the credit reporting body directly.
(f) Your credit information may include the following (where applicable):
(i) your personal identification information, including your name, contact details and date of birth;
(ii) your consumer credit liability information;
(iii) your repayment history information;
(iv) a statement that an information request has been made about you by a third party;
(v) 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;
(vi) your default information;
(vii) your payment information;
(viii) 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
(ix) any other such information as set out in section 6N of the Privacy Act 1988 (Cth) (Privacy Act Aus); and
(x) any other such information as set out in section 7(1) of the Privacy Act 2020 (Privacy Act NZ) for New Zealand Customers
(each and together the Credit Information).
(g) By requesting access to your credit score, or Credit Report Card, you consent and authorise:
(i) WeMoney to act as your agent and access seeker for the purposes of the Privacy Act Aus and Privacy Act NZ, to request the credit reporting body to provide your credit score to WeMoney for your Credit Report Card;
(ii) 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;
(iii) the relevant Credit Reporting Bodies 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 Aus and Privacy Act NZ); and
(iv) 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.
(h) This consent and authority continues until such time as you cancel your WeMoney Service account, or you withdraw your consent as outlined below. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately.
(i) You can revoke your authority and withdraw your consent at any time, however you will no longer be able to use the WeMoney Service.
(k) We receive your Credit Information from the Credit Reporting Bodies 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 the Credit Reporting Bodies 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.
(l) Your credit score is calculated and produced by each Credit Reporting Body independently. Our WeMoney 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.
(a) We ONLY provide suggestions and information for your consideration and DO NOT provide any general, personal, financial, legal nor tax advice, or credit assistance of any form. We never consider your own personal requirements to determine which information we display to you, the order of that information, or whether a product is appropriate for you or whether it may be suitable for your needs.
(b) 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.
(c) 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.
(d) We also recommend that you seek independent advice when considering applying for any product or service that you see featured on the WeMoney Service.
(e) 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.
(f) If you tell us to provide your personal information to a lender, we do this as an administrative service to you only, to save you from having to provide your information twice.
(a) By registering with the WeMoney Service as part of the service we provide news and offers to you on the WeMoney Service dashboard. This is part of the WeMoney Service and cannot be opted out.
(b) By registering with the WeMoney Service and opting in to receive news and offers via email, SMS or other electronic means, you consented to receive marketing electronic messages from us, including by email, SMS or other electronic means. You may at any time choose not to receive these direct marketing communications via email, SMS or other electronic means. If this is the case, please log into your account at and edit the subscription preferences in your profile or use the 'unsubscribe' link in the relevant message.
WeMoney will continue to send to you service and notification messages with respect of the WeMoney Service and these messages are not deemed as marketing messages. You cannot opt out of receiving service and notification messages.
(a) By registering with the WeMoney Service as part of the service we provide news and offers to you on the WeMoney Service dashboard. This is part of the WeMoney Service and cannot be opted out.
(b) By registering with the WeMoney Service and opting in to receive news and offers via email, SMS or other electronic means, you consent to receive marketing electronic messages from us, including by email, SMS or other electronic means. You may at any time choose not to receive these direct marketing communications via email, SMS or other electronic means. If this is the case, please log into your account and edit the subscription preferences in your profile or use the 'unsubscribe' link in the relevant message.
(c) WeMoney will continue to send to you service and notification messages with respect of the WeMoney Service and these messages are not deemed as marketing messages. You cannot opt out of receiving service and notification messages.
(d) WeMoney will not use your credit information for any purpose related to marketing and direct marketing purposes.
(a) 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 the commercial arrangements, product class or other features. To ensure that we keep things fair:
(i) we will usually order credit promotions from lowest to highest comparison rate, or similar; and
(ii) we never select or order credit promotions based on commission or benefits to us.
(b) Regardless, we always recommend that you obtain advice when considering whether a product is suitable for your own needs.
(c) 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 will be paid by the lender in relation to your credit contract.
(a) 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).
(b) 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 the products and services offered by those Product Providers on the WeMoney Service.
(c) 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.
(d) 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.
(e) 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.
(a) 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.
(b) 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.
(c) You are responsible for your User Content and have to follow the User Rules attached as Annexure 1 to these Terms (User Rules). Please contact us immediately if you think any User Content violates these Terms or the User Rules.
(d) 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.
(e) 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.
(a) There may be a risk that you may not be able to access your WeMoney Service which is reliant on computer and/or telecommunications systems.
(b) The WeMoney Service is dependent on the reliability of its own operational processes and those of its technology and telecommunications partners in respect of computers, computer networks and telecommunications.
(c) Disruptions to these processes may result in your WeMoney Service being unavailable from time to time.
(a) You should take special care to keep your Login Details secret and to not disclose them to any third-party including family, friends and institutions.
(b) You should ignore any emails that appear to come from us that require you to input your Login Details. We will never send you such email requests. These emails may come from third parties seeking to use the information to access your WeMoney Service.
(c) You should also be careful about using services which offer to interface with our WeMoney Services on your behalf. For example, you may be led to believe that you are inputting your Login Details into our WeMoney Service, while in fact you are disclosing your Login Details to a third party hosting a hoax website or mobile/tablet device application.
(d) We continually look at ways to minimise any unauthorised access to your WeMoney Service. We may use various techniques from time to time, including contacting you after an unusual activity to confirm that in fact it was you that accessed your WeMoney Service. Your access to the WeMoney Service may be suspended if we detect or suspect unusual activity which may be the result of malware or a computer virus, ID takeover, phishing or fraud. We reserve the right to withhold access to the WeMoney Service where we continue to detect malware or a computer virus, or you refuse to follow our contact centre’s recommendations provided to you to assist with the removal of malware and/or computer viruses from your computer, mobile or tablet device.
(a) Despite any right contained in these Terms, we can cancel any access method, including access to your WeMoney Service without notice if:
(i) we think your account is being used unlawfully including fraudulently or in a way that might cause your information to be compromised; or
(ii) we consider doing so is reasonably necessary, for example, to comply with laws in Australia, New Zealand or other jurisdictions whereby we have obligations in, or to manage regulatory risk or if your instructions are not clear.
(b) 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.
(c) 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 WeMoney Service.
(d) We also have the right to vary, discontinue or cease offering any aspect of the WeMoney Service 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.
(e) We will be under no liability to you if we do any or all of these things.
(f) We may also at our discretion suspend or terminate the provision of a product or service to you (for example this may include suspending your WeMoney Service). When we do this, to the extent that we legally can, we will act fairly and reasonably towards you in a consistent and ethical manner. In doing so we will consider your conduct, our conduct, products and/or services which are being used.
(a) Except for your User Content and 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 (text, graphics, logos, audio and software) made available on the WeMoney Service.
(b) 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.
(c) 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. This license will end when your content is deleted from our systems and you no longer have an account to use the WeMoney Services.
(d) 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.
(e) Any reproduction or redistribution of any materials made available on the WeMoney Service is prohibited if it is not for your personal use only as set out in clause 13 below 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.
14.5. User Content Intellectual Property
(a) We do not claim ownership of your User Content, but you grant us a license to use it. We do not claim ownership of your content that you post on or through the WeMoney Service and you are free to share your content with anyone else, wherever you want.
(b) 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. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account with WeMoney Service.
(c) When you delete your User Content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:
(i) Immediate deletion is not possible due to technical limitations (in which case, your User Content will be deleted within a maximum of 90 days from when you delete it);
(ii) your User Content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or
(iii) Where immediate deletion would restrict our ability to:
(B) comply with a legal obligation, such as the preservation of evidence; or
(C) comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the User Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
(iv) In each of the above cases, this licence will continue until the User Content has been fully deleted.
(e) You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
(f) If you wish to report any copyright infringement please contact us on our contact details via our WeMoney website.
(a) The WeMoney Service is for your personal and 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.
(b) 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.
(c) 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.
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.
(a) To the maximum extent permitted by law, including applicable consumer laws, 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:
(i) 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;
(ii) any financial decision or action taken by you in reliance upon any information contained on, or omitted from, the WeMoney Service;
(iii) 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
(iv) any User Content posted by you or other WeMoney Service members.
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.
(a) 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.
(b) 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.
(c) 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.
(a) If you have any questions or concerns regarding these Terms or any of our Services, please email us on:
For Australian customers: firstname.lastname@example.org
For New Zealand customers: email@example.com
(b) If you have any questions or concerns regarding your privacy, how we collect or use your personal information, please contact us on the details above.
(c) 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.
(a) We accept that sometimes we can get things wrong, and when this happens, we’re determined to make them right again. If you have a complaint or dispute, please email us on:
For Australian customers: firstname.lastname@example.org
For New Zealand customers: email@example.com
(b) When you make a complaint to us, we will:
(i) acknowledge your complaint and make sure we understand the issues;
(ii) do everything we can to fix the problem;
(iii) keep you informed of our progress;
(iv) keep a record of your complaint;
(v) give you our name, a reference number and contact details so that you can follow up if you want to; and
(vi) provide a final response within 21 days or advise you of the need for more time to complete the investigation.
(c) Unless there are exceptional circumstances, we will complete our investigation within 30 days of receipt of your complaint. If we are unable to provide a final response to your complaint within 30 days, we will:
(i) inform you of the reasons for the delay;
(ii) for Australian Customers only, advise of your right to complain to the Australian Financial Complaints Authority (AFCA) and provide you with the AFCA contact details.
If you are unhappy with our resolution of a complaint, you may contact our External Dispute Resolution Scheme provider:
For Australian Customers only
The Australian Financial Claims Authority (AFCA) provides fair and independent financial services complaint resolution that is free to consumers. AFCA’s contact details are set out below.
Australian Financial Complaints Authority
Phone: 1800 931 678 (free call)
By post: GPO Box 3
Melbourne VIC 3001
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.
(a) 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.
(b) If any of these Terms are considered invalid or unenforceable, the remaining provisions remain in full force and effect.
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.
(a) A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
(b) The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.
(a) We reserve the right to change these Terms and make changes to the content and layout of the WeMoney Service, at any time and when we do, we will post the current version on our website. Please check our website for the current version of these Terms.
(b) The revised Terms shall apply to the use of our WeMoney Service from the date of publication of the revised Terms on our WeMoney website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
(c) 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.
We will not file a copy of these Terms specifically in relation to each user or customer and, if we update these Terms, the version to which you originally agreed will no longer be available on our WeMoney website. We recommend that you consider saving a copy of these Terms for future reference.
(a) The WeMoney Service is owned and operated by WeMoney Pty Ltd ACN 633 007 860, Australian Credit Licence 526330 and WeMoney Pty Ltd NZBN 9429050147854 and you can contact us by using our website contact form or on the contact details provided on our website.
(b) These Terms are Version 4.0, dated 20 April 2021.
Annexure 1 – User Rules
As a User you acknowledge that WeMoney operates in the financial services industry and that its reputation is of paramount importance. As a member or former member of the WeMoney Service, you must ensure that your use of the WeMoney Service and User Content does not:
(a) appear libellous or maliciously false;
(b) appear obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence or right of privacy;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) constitute any conduct which will give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(h) cause contempt of any court, or in breach of any court order;
(i) 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;
(j) breach of racial or religious hatred or discrimination legislation;
(k) appear blasphemous;
(l) breach of any contractual obligation owed to any person;
(m) depict violence in an explicit, graphic or gratuitous manner;
(n) appear pornographic, lewd, suggestive or sexually explicit;
(o) appear untrue, false, inaccurate or misleading;
(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(q) constitute spam;
(r) appear offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(s) cause annoyance, inconvenience or needless anxiety to any person;
(t) 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;
(u) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
(v) 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.
Annexure 2 – For Australian Customers only
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:
(a) each User uses the Services at their own risk;
(b) the Services will only be used for the User’s own lawful purpose in accordance with this Minimum User Terms; and
(c) 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.
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.
3.1 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:
(a) access such third-party websites or applications, servers, documents and information as designated by you;
(b) use your information; and
(c) 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.
4.1 Each User acknowledges and agrees that:
(a) 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;
(b) 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;
(c) 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;
4.2 WeMoney and Basiq makes no warranty that:
(a) the Services will meet the User's requirements;
(b) the quality of the Services will meet the User’s expectations;
(c) the Services will be uninterrupted or error-free;
(d) any information, product or content obtained via the Services will be accurate or reliable; and
(e) any errors in the software or technology will be corrected.
4.3 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.
5.1 The User warrants that:
(a) it has the power, right, authority and entitlement to execute these Terms and perform its obligations under these Terms;
(b) it has full corporate power to execute, deliver and perform its obligations under these Terms;
(c) these Terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and
(d) 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.
6.1 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:
(a) any violation of these Terms or of any intellectual property or other right by the User;
(b) 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.
6.2 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.
7.1 Each User acknowledges and agrees that:
(a) the User enters into these Terms with WeMoney who, for the purposes of accepting these Terms, is acting as limited agent for Basiq; and
(b) 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.