Fee Structure Details

Your Ubomi Membership

Moma Technologies Pty Ltd ACN 657 360 113 of PO Box 908, Southport BC, QLD, 4215 (UBOMI / we / us / our) is pleased to offer you a UBOMI Membership on the terms set out in the Terms.  

General Terms

Introduction

You should read all of the Terms of the Membership Agreement that are provided to you and ask us about any issues or concerns. You should also read the Privacy Policy.

These Terms govern your access to and use of the UBOMI Application as owned and operated by UBOMI and for your use of Services and any content we provide through the UBOMI Application to you. You should review these Terms regularly as they may change at any time at our sole discretion. By continuing your access to the UBOMI Application after any change to these Terms, you accept the updated Terms. You may not use the Application if you are not legally authorised to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with UBOMI. You agree that you access the Application at your own initiative and that your use of the Application and your use of and access to the Services is solely at your own risk. The agreement for use of the Application is with you. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. 

By signing the Membership Agreement, you acknowledge that you agree to be bound by the Membership Agreement. 

1. Defined Terms
   • These meanings apply unless the contrary intention appears:
     • BNPL means buy-now-pay-later.
     • Business Day means a day other than a Saturday, a Sunday or a public holiday in Queensland, Australia.
     • Default means when you are default under the Membership Agreement as set out under clause 7. 
     • Details means the Membership Tier Details and the Fee Structure Details as set out under the Membership Agreement.
     • Direct Debit Providers means any of the direct debit providers listed on the Website and the App, as updated and amended from time to time.
     • Extended Term as defined under clause 4.1 of the Membership Agreement. 
     • Financial Grant is a no recourse advance of money provided to you by the NFP Entity.
     • Initial Term means the initial term of the Membership Agreement, that is a time period of 12 months from the Membership Date.
     • Key Membership Details Page means the page on the UBOMI Application forming part of the Membership Agreement which specifies the following details regarding your Membership:
       • Membership Number
       • Membership Tier 
       • Membership Date 
       • Access Date 
       • Payment Frequency
       • Payment Amount 
       • Payment Date 
       • Membership Rollover Date 
     • Membership means your membership with UBOMI to use the Services provided through the UBOMI Application. 
     • Membership Agreement means this document including all Terms.
     • Membership Date means the date you accept and enter into the Membership Agreement.
     • Membership Tier means the tier of Membership.
     • NFP Entity is a not-for-profit company which may provide you with a Financial Grant. 
     • Payment Amount means the amount specified on the Key Membership Details Page.
     • Payment Date means the date the Payment Amount is due to be paid to us. If the Payment Date is not a Business Day, then the relevant date will be the Business Day immediately following the Payment Date. 
     • Payment Frequency means the frequency of payment specified on the Key Membership Details Page.
     • Payment Insights means Mifin Services Pte Ltd UEN: 201915478K of 4, Robinson Road #05-01, The House of Eden, Singapore, 048543
     • Services means the services provided through the UBOMI Application as set out under clause 6.
     • Terms means the Details and terms and conditions set out under the Membership Agreement.
     • UBOMI Account means the account we establish in your name on the UBOMI Application.
     • UBOMI Application means the financial wellness application provided to you by UBOMI.  
2. Parties
   1. This Membership Agreement is between UBOMI and you.
3. Acceptance and Electronic Signature 
   1. To accept and enter into this Membership Agreement, you indicate acceptance of the Membership Agreement by submitting an electronic signature on the UBOMI Application.
4. Automatic Membership Agreement Extension
   1. The Membership Agreement will automatically extend from the Initial Term (on the same terms as set out in the Membership Agreement) for further rolling periods of 12 months duration (each an Extended Term), unless you terminate the Membership Agreement in accordance with clause 21.7. 
   2. For each Extended Term, you must meet your payment obligations as set out under clause 5.1.
5. Payment
   1. Your Payment Obligations
      1. In consideration of us providing the Services to you, you must pay the Payment Amount to us in full on or before the Payment Date.
      2. You may repay the Payment Amount (in full or in part) at any time prior to the Payment Date. 
      3. You must pay any amount due under the Membership Agreement without deduction or set-off (and irrespective of any counterclaim) whatsoever. If you believe that we owe you an amount, you may raise that claim with us separately. 
      4. If your Payment Frequency is an annual frequency under the Membership Agreement, within 2 Business Days upon termination of the Membership Agreement in accordance with clause 21.7, you are required to pay all amounts owing under this Membership Agreement for the Initial Term (and where relevant the Extended Term).
   2. Payment Method
      1. (Direct Debit) You authorise and request Direct Debit Providers to receive, account and remit payments from your bank account or any other account you provide to us in the future, in accordance with the terms of the Membership Agreement and terms and conditions of the relevant Direct Debit Provider.
      2. (Payment Insights) You authorise and request Payment Insights to make payments on your behalf from your bank account in accordance with the terms of the Membership Agreement and the terms of Payment Insights.
6. Services
   1. Depending on your Membership Tier, you may be provided one or more of the following Services through the UBOMI Application:
      1. Budgeting and Savings, including: 
         1. Goals and Transaction History;
         2. UBOMI Tool Box;
         3. Expense Analysis;
         4. Notifications;
         5. Round up Feature; and
         6. Bank Account Integration.
      2. Deals and Discounts, including:
         1. Access to Deals and Discounts Australia Wide;
         2. View Total Savings Feature; and
         3. Access to Online store Discount codes World Wide.
      3. BNPL Management, including:
         1. Data Scrape from BNPL provider customer portals (via IT Insights); and
         2. Automatic Budgeting and Payment Features.
      4. Financial Assistance and Management, including:
         1. Assisting you in accessing a Financial Grant provided to you by the NFP Entity where:
            1.  
            2. UBOMI facilitates all communications between you and the NFP Entity; 
            3. and
            4. enabling you to access your Financial Grant on the UBOMI Application;    
         2. UBOMI Financial Management Dashboard; and
         3. Financial Grant Repayment Assistance Service Feature.
7. UWIN
   1. By agreeing to this these Terms you also agree to the UWIN Terms and Conditions of Entry which can be found here: UWIN
8. Default
   1. When you are in Default
      1. You are in Default if:
         1. we do not receive on time any amount due under this Membership Agreement (including a failure by you to pay the Payment Amount by the Payment Date); 
         2. we reasonably believe you or another person has acted fraudulently in connection with this Membership Agreement; or
         3. you become insolvent or steps are taken to have you declared bankrupt.
   2. What can happen being in Default?
      1. We may give you a notice stating that you are in Default. 
      2. Your UBOMI Account Tier may be reduced until you correct the Default.
      3. Enforcement expenses may become payable under this Membership Agreement.
      4. If you do not, or cannot, correct the Default within any grace period given in the notice or required by law (or if you are in Default again for a similar reason at the end of that period), then, at the end of that period and without further notice to you, the Payment Amount becomes immediately due for payment (to the extent it is not already due for payment). We may then sue you for that amount.
      5. In limited circumstances set down by law (such as if we are unable to locate you), we need not give the notice or wait until the end of any grace period given in a notice. Instead, if you are in Default, the Payment Amount becomes immediately due for payment without notice. We may then immediately sue you for that amount.
9. Warranties
   1. In entering into the Membership Agreement, you represent and warrant that:
      1. you are a permanent resident of Australia;
      2. all information and supporting documentation provided to us is true and correct; 
      3. you have the capacity to enter into and assume the obligations under this Membership Agreement; and
      4. you will advise us of any change in circumstances which affects, or is likely to affect, the accuracy of any of the above warranties, or your ability to pay the Payment Amount to us by the Payment Date.
      5. You acknowledge that you are personally liable for performing the obligations set out in this Membership Agreement and for paying all monies due under the Membership Agreement.
      6. You indemnify us against any loss or claim we may suffer due to your breach of the Membership Agreement, a breach of the warranties as set out in this clause 9, your negligence in relation to this Membership Agreement, or otherwise due to your acts or omissions, with our recourse to such indemnity limited to the amount which we would otherwise be able to recover at general law for your breach of contract or negligence in respect of this Membership Agreement, plus legal costs on a full indemnity basis.
10. Liability
    1. Under no circumstances shall we be liable for any direct or indirect, special, incidental or consequential damages that may arise from your use of, or inability to use, the UBOMI Application.
11. Your Use of the UBOMI Application 
    1. You are solely responsible for maintaining the confidentiality and security of your UBOMI Account including username, password and access codes. You may not use another user’s UBOMI Account or permit a third party to use your UBOMI Account at any time.
    2. UBOMI is not responsible for any losses arising out of the unauthorised use of your account, or if you lose or share access to your device.
12. Ownership 
    1. You agree that we retain all ownership and proprietary rights in the Services, UBOMI Application (including associated content), technology, mobile applications and websites. 
13. Changes to this Agreement
    1. Subject to this Membership Agreement, we may change any provision of this Membership Agreement without your consent for one or more of the following reasons:
       1. to comply with any change or anticipated change in any relevant law, code of practice or guidance;
       2. to reflect any decision of a court, ombudsman or regulator;
       3. to reflect a change in our systems or procedures including for security reasons;
       4. as a result of changed circumstances (including by adding benefits or new features);
       5. to respond proportionately to changes in the cost of providing the Services; or
       6. to make the provisions of this Membership Agreement clearer.
    2. We will give you at least 20 days’ notice in writing of any change.
14. Notices
    1. Any notice, demand, consent or communication under this Membership Agreement must be in writing.  
    2. A party may change its address or email address for the purpose of notices by giving notice of that change to the other party in accordance with the provisions of clause 14.1. 
    3. A notice provided under clause 14.1 is taken to be received:
       1. if sent within the UBOMI Application, when transmitted to the recipient under the UBOMI Application;
       2. if sent by email, when sent by the sender unless the sender receives a delivery failure notification indicating that the email has not been delivered; 
       3. if hand delivered, on delivery; and 
       4. if sent by post, on the third (seventh, if sent to an address in another country) Business Day after the date of posting.
    4. By signing this Membership Agreement, you agree that we can: 
       1. contact you via any phone number or address that you provide to us; and 
       2. provide any notices by electronic communication.
    5. The electronic communication methods we will use are email, SMS and through the UBOMI Application. You must provide us with a valid email address so that we can communicate with you, and you must inform us immediately if your email address changes by emailing [email protected].
    6. We may serve any document in a court action (including a writ of summons, other originating process or third or other party notice) on you by delivering it to your residential address (or any change residential address notified to us) or by leaving it there. This does not prevent any other method of service.
15. Privacy Policy
    1. Privacy is very important to us, which is why we have created a separate Privacy Policy to explain in detail how we collect, manage, process, secure and store personal information. Our Privacy Policy can be accessed at Privacy Policy.
16. Personal Information 
    1. In accordance with the Privacy Act 1988 (Cth), in order for us to provide you with the Services, you allow us to distribute your personal information to:
       1. payment platforms – including direct debit providers, credit card providers and IT insights; and
       2. third party sites and deal providers.
    2. In accordance with the Privacy Act 1988 (Cth), Spam Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth), you allow us to use your personal information for marketing activities. 
17. Financial difficulty
    1. You should inform us as soon as possible if you are in financial difficulty. We will try and help your overcome your difficulty, including, for example, developing a repayment plan. 
18. Restrictions on Use
    1. In addition to all other terms and conditions of this Membership Agreement, you will not: 
       1. transfer or otherwise make available to any third party the Services; 
       2. provide any service based on the Services without prior written permission; or
       3. use the Services for spamming and other illegal purposes. 
    2. We may suspend your user account or temporarily disable access to whole or part of any of the Services in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
19. Remedies
    1. The rights and remedies contained in this Membership Agreement are cumulative and are not exclusive of any rights and remedies provided at law.
    2. Any right or remedy which may be exercised, or any determination which may be made, under this Membership Agreement by a party may be exercised or made (or declined to be exercised or made) in the absolute discretion of that party who is not under any obligation to do so or to give reasons for its decision.
    3. A party is entitled to enforce or take-action in respect of, to the extent permitted by law, any breach of another party’s obligations under this Membership Agreement notwithstanding the termination of this Membership Agreement.
20. Verification of identity
    1. By signing the Membership Agreement, you acknowledge that you are personally liable for performing the obligations set out in this Membership Agreement and for paying all monies due under this Membership Agreement. You agree to provide us with all information (including personal information, such as your name, address and date of birth) and/or documentation reasonably required by us to enable us to verify your identity in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2009 (Cth).
    2. We may choose to use the electronic identity verification services provided by Illion Australia Pty Ltd ACN 006 399 677 (‘Illion’) to verify your identity.  By signing this Membership Agreement, you: 
       1. request us to use Illion’s electronic identity verification services to verify your identity;
       2. confirm that we may authorize Illion and its related bodies corporate, as well as third party service providers, to collect, hold, use and disclose your personal information for the purpose of verifying your identity;
       3. where you provide us with your passport details and other personal information (including date of birth) for the purpose of verifying your identity: 
          1. you acknowledge that if the check proceeds on the Department of Immigration and Citizenship website, this will be regarded as having assisted in verifying your date of birth information to us;
          2. you acknowledge that if the check proceeds on the Department of Foreign Affairs and Trade website, this will be regarded as having assisted in verifying your date of birth information to us;
       4. consent and understand that your personal information will be used and disclosed to service providers in Australia for the purpose of checking whether you are listed on Politically Exposed Person and government sanction lists.
    3. You consent to us using and disclosing such information for this purpose and warrant that all such information provided to us is true and correct and acknowledge that if we are unable to verify your identity as required, we will not be able to provide the services under this Membership Agreement.
21. Miscellaneous
    1. A party does not waiver a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
    2. A term or condition of, or act done in connection with, this Membership Agreement does not operate as a merger of any of the rights or remedies of the parties under this Membership Agreement and those rights and remedies continue unchanged. 
    3. To the extent it is not to your detriment, we may assign, novate, transfer or otherwise deal with our rights under this Membership Agreement in any way we consider appropriate to protect our legitimate commercial interests. In any other circumstance we will obtain your consent, which you must not unreasonably withhold. If requested to do so, you must execute all documents which in our opinion are necessary for these purposes. You must not assign, novate, transfer, or deal with your rights or obligations under this Membership Agreement without obtaining our prior written consent, which we may give or withhold at our discretion.
    4. Unless otherwise stated, and to the maximum extent permitted by law, these terms constitute the entire Membership Agreement of the parties about their subject matter and supersede all other representations, arrangements or agreements.
    5. Each indemnity in this Membership Agreement survives the expiry or termination of this Membership Agreement. We may recover a payment under an indemnity in this Membership Agreement before it makes the payment in respect of which the indemnity is given.
    6. If we are liable to pay goods and services tax (GST) or any similar tax made in connection with this Membership Agreement, you must pay us an additional amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
    7. Either party may terminate this Membership Agreement. If your Payment Frequency under the Membership Agreement is fortnightly, monthly, quarterly, bi-annually or any other frequency (other than an annual Payment Frequency), you must provide 28 days’ written notice prior to termination of the Membership Agreement. If your Payment Frequency is an annual frequency, termination of the Membership Agreement operates in accordance with clause 5.1.4.
    8. Each party must, at its own expense, do and perform all such other acts matter and things as may be necessary or convenient to implement the provisions of this Membership Agreement as to give full effect to this Membership Agreement and the transactions contemplated by it.
    9. This Membership Agreement may be executed in one or more counterparts, each of which is deemed an original but all of which constitute one and the same instrument.
    10. This Membership Agreement is governed by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.