- User Eligibility
2.1 You acknowledge and agree that:
(a) to use our products and services you must meet the qualifications and membership status as set out in the Membership Agreement, which we may in our discretion, change without notice;
(b) we may consolidate and track your financial information on this website or App;
(c) we can use information to provide you with our services, this may include presenting you with offers or opportunities from third parties which may require us to provide some of your personal information to third parties;
(d) any advice provided to you in the use of this website or App is of a general nature and is not considered to be providing any type of financial advice;
(e) we do not provide any type of legal, accounting, tax or financial advice and we are not purporting to be professional advisors in any of these areas;
(g) you are solely responsible for any decision to enter into a transaction in connection with these Terms or the use of our services, including the evaluation of any and all risks related to any such transaction;
(i) we are not responsible for any loss caused by your failure to act in accordance with our policies or procedures; and
(j) you engage in your own transactions entirely at your own risk.
- User Accounts
3.1 You must create a User Account in order to access certain functions or features of this website or the App (Restricted Features).
3.2 To create a User Account, you must:
(a) be at least 18 years of age; and
(b) have the capacity to enter into a contract.
3.3 We may from time to time and in our absolute discretion determine the functions or features of this website or the App which are Restricted Features.
3.4 In order to create a User Account, you must provide us with any information requested by us, which will include personal information about you. By creating a User Account, you:
(a) warrant that any information that you provide to us is true and correct;
(b) warrant that you are creating an account to use for yourself and not on behalf of any other person;
(c) warrant that you have not been previously banned from having a User Account;
(d) agree that we reserve the right to remove or reclaim any username at our discretion; and
3.5 When you create a User Account, you will be required to set a username and password. You must:
(a) not disclose your username or password to any other person; and
(b) take reasonable steps to prevent any other person from discovering your username and password and using it to log in to this website or the App via your User Account;
(c) immediately notify us if you have any reason to suspect your username or password has been lost, stolen or compromised.
3.6 You agree that we are entitled to assume that any information communicated to us via your User Account:
(a) was communicated by you or on your behalf; and
(b) we are not in any circumstances required to enquire into whether or not information was communicated by you or by someone using your User Account without your authority.
3.7 You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a result of the use of this website or the App using your User Account, whether as a result of your use of your User Account, someone using your User Account with your authority or someone using your User Account without your authority.
3.8 We may at any time in our discretion suspend or terminate your User Account and prevent you from accessing the Restricted Features.
(a) collect, use and disclose personal information and how you may access and correct personal information about you;
(b) how you can complain to us about the handling of personal information about you; and
(c) how we will handle any complaint.
4.3 We may disclose the information provided to us with third parties who help us deliver our services (including information technology providers, communication providers and our business partners and related entities) or as required by law. This includes recipients who may be located outside Australia.
4.4 If you do not provide us with the personal information that we request, we may not be able to provide all our products or services to you.
- Content on this website
5.1 The Content on this website or the App is intended to provide a summary of the subject matter covered. While we use reasonable steps to ensure the accuracy and completeness of the Content, to the greatest extent permitted by law we give you no warranty about the accuracy or completeness of the content or information on this website or the App.
5.2 Content on this website or the App may change without notice to you, but we do not warrant that we will keep this content or information updated.
5.3 We are not liable to you or anyone else if the Content is not up-to-date, accurate or complete.
5.4 We are not liable to you or anyone else if any part of this website or the App (or a website linked from this website or the App) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which this website or the App (or a website linked from this website or the App) could damage your computer systems (including your mobile devices).
5.5 Any information on this website or the App is general in nature and does not take into account your personal circumstances. You agree that nothing on this website or the App is a representation that a particular product will be suitable for you or advice that you should acquire a particular product or use a particular service.
- Warranties and Disclaimer
6.1 The Content, this website and the App are provided on an ‘as is’ basis, and you acknowledge that:
(a) your use of this website or the App is at your own risk and is also subject to the terms and conditions of the websites, products and services of our affiliates that you access via our services;
(b) at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so.
6.2 In Australia, our services come with guarantees that cannot be excluded under Australian Consumer Law.
6.3 Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under Australian Consumer Law.
6.4 To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
(a) that your access to this website or the App will be free from interruptions, errors or viruses; or
(b) the accuracy, adequacy or completeness of information on this website or the App (nor do we undertake to keep this website or the App updated).
6.5 To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
(a) your sole remedy will be for us to provide the features or services that were previously provided; and
(b) our maximum liability to you is limited to the reasonable cost of having the features or service re-provided to you.
6.6 In entering into these Terms, you represent and warrant to us that:
(a) any information that you provide to us is accurate and complete;
(b) we, and our agents, will be entitled to rely on the accuracy and completeness of any information provided by you;
(c) you have not entered into these Terms in reliance on or as a result of any statement by us or any conduct of any kind by us;
(d) you have independently satisfied yourself in respect of all matters in connection with these Terms;
(e) your use of this website or the App does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
(f) you will not infringe or violate any of the Terms;
(g) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use this website in accordance with these Terms, and to fully perform your obligations under these Terms;
(h) you are solely responsible for complying with applicable laws regarding use of this website or the App; and
(i) you have read and agree to assume the risks identified above.
- Limitation of Liability
7.1 To the maximum extent permitted at law, including under Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage or expenses, howsoever arising, which may be suffered as a result or in connection with your use of this website or the App, or any material accessible via this website or the App.
- Third Party Websites
8.1 This website or the App may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within this website pursuant to which we may obtain a financial benefit if you visit such a link and then make a purchase from a third party website.
- Intellectual Property
9.1 The Content, this website and the App are protected by intellectual property laws.
9.2 Unless otherwise stated, we own or license from third parties all of the rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content, this website and the App.
9.3 Subject to these Terms, we grant you a limited licence to access this website or the App and view and use the Content for personal, non-commercial purposes. Nothing in these Terms operates to grant you any further right or interest in the Content, this website or the App.
9.4 Except where necessary for viewing the Content on this website or the App on your browser, or as permitted under any applicable legislation, no Content on this website or the App may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without our specific written consent.
- No Commercial Use
10.1 This website and the App are provided for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or the App unless authorised by us in writing.
10.2 You must not use this website or the App, or any of the Content, to further any commercial purpose.
- Proper Use
11.1 You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to this website and the App, including but not limited to any act which would constitute a breach of privacy, using this website or the App to defame or libel us, our employees or any other individuals.
11.2 You must not seek to reverse engineer the code contained in this website or the App or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to this website or the App any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.
11.3 If we permit you to post any information, such as comments or other content, to this website or the App, we reserve the sole right to remove that information without notice to you. If you are permitted to post information to this website or the App, in doing so you agree that you are deemed to have granted us a irrevocable and unlimited license to use any of that information in any manner we see fit.
- General Matters
12.1 If any part of these Terms is found to be void or unenforceable then it is deemed to be severed from these Terms and the balance of the Terms will be read without that part.
12.2 Your use of the website, the App and these Terms are governed by the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in Queensland, Australia in respect of any dispute arising from these terms.
12.3 We may amend these Terms from time to time and in our absolute discretion. By continuing to use this website after any such amendment, you agree to the Terms as amended.
12.4 Your access to all or part of this website or the App may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.
13.1 In these Terms:
(a) Content means the contents of this website or the App, including any information, stylistic elements (such as text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including programs) and other material on this website or the App;
(b) Membership Agreement means the membership agreement entered into by you with us for the provision of our services;
(d) Restricted Features means the features and functions of this website or the App that are only accessible to persons logged in with their User Account; and
(e) User Account means the user credential and personal profile that you register with us in order to access certain features of this website or the App.
1. UBOMI Terms
1.1 MoMa Technologies Pty Ltd ABN: 92 657 360 113 (referred to hereafter as “UBOMI”, “we”, “us” or “our”) provides a holistic service designed to not only assist you in understanding your spending but also tools to help you save money and to become more financially stable including access to emergency cashflow funding through UBOMI Finance.
1.2 We consolidate and track your financial information the App and/or the Website. We then use this information to provide to you the best services possible. This may include presenting your with offers or opportunities from third parties which may require us to provide some of your personal information to third parties.
1.3 Any advice provided to you in the use of the App or the Website is of a general nature. We do not provide legal, accounting, tax or financial advice. We provide you with an opportunity to review your financial situation in a new perspective and to make judgments relating to your financial situation on your own volition. We recommend that you seek the services of professional advisors.
2. Changes of Terms
2.1 We reserve the right to vary the Terms at our discretion.
2.2 We will provide you with notice of any change to, or suspension or termination of, UBOMI or the Terms, through the App or by email to the email address that we have recorded for you. Where any such change to, or suspension or termination of access to the App of the Website, or these Terms materially diminishes the benefits available to Users or increases the obligations on Users, that notice will be provided at least 30 days in advance. Where these Terms are changed, a copy of the revised Terms will also be available on the Website and the App.
2.3 Your continued use of UBOMI or receipt or use of any offer or opportunity provided by a third party though the use of UBOMI after notice of any change referred to above as provided will be deemed to be acceptance of the revised Terms. Alternatively, you may discontinue your use of
and Terminate your contract with us in accordance with Section 18 below.
2.4 It is your responsibility to stay up to date with changes to the Terms by reviewing them on the Website or on the App from time to time and before you use or wish to use
. We are not responsible or liable for any loss or damage that may arise if you fail to do so.
3. Your Registration Information
3.1 You agree and understand that you are responsible for maintaining the security and confidentiality of your Registration.
3.2 By providing us with your email address, you agree to receive all notices and alerts in accordance with the Terms electronically, to that email address. It is your responsibility to update or change that address, as appropriate.
3.3 If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via [email protected].
4. Collection of User Information
4.1 We may from time to time collect information (including personal information) about you to enable you to use the
5. Collection and Use of Feedback
5.1 We may from time to time collect Feedback from you.
5.2 By providing us with Feedback, you grant UBOMI a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback at our sole discretion. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
6. Account information from third party sites
6.1 We may obtain your Account Information in the following ways:
(a) You may direct us to retrieve your Third-Party Account Information from the relevant financial institution; or
(b) You may provide Account Information via another method e.g. Uploading documentation directly to the Website or the App.
6.3 You expressly authorise us, or our third party providers, to access your Account Information maintained by identified third parties, on your behalf as your agent.
6.4 We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
7. Security and Privacy of your Personal Information
8. Third-Party Links and Offers
8.1 UBOMI may from time to time, via the Website and the App, make Third Party Offers available to you.
8.2 Third Party Offers are provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through Third Party Offers.
8.3 We do not guarantee nor represent that Third Party Offers are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party.
8.4 All third party products and/or services including names, services, company names and logos mentioned on the Website or the App are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8.5 In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.
8.6 If you have an enquiry or complaint about Third Party Offer, you may contact us at [email protected]. While we will always do our best to resolve any issue you may have, in some circumstances if may be necessary for us to direct you to contact the third party directly.
8.7 By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the Website or the App, you are licensing that content to us and our third party providers solely for the purpose of providing services to you through use of UBOMI. We, or our third party providers, may use and store the content, but only to provide these Services to you. By providing us with this information to us, you confirm that you are entitled to provide the information to us and our third party providers to provide you with services, without any obligation for us to pay any fees or other limitations.
9.1 From time to time we may run competitions and promotions for members. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with the Terms.
10. Online, Email and Mobile alerts
10.1 We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made to your account, such as a change in your Registration Information.
10.2 These alerts provide you with alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options
10.3 Electronic alerts will be sent to your email address provided in your Registration Information
11. Limited Power of Attorney
11.1 You hereby authorise and permit us and our third party providers to use and store information provided by you under these Terms to submit information including usernames and passwords that you provide to log you into the site and to configure the App and Website so that it is compatible with the account provider sites for which you submit your information.
11.2 For purposes of these Terms and solely to provide the Account Information to you as part of UBOMI, you grant UBOMI a limited power of attorney, and appoint UBOMI as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with these Terms, as you could do in person, and permit us to appoint our third party providers as sub-agent.
11.3 You acknowledge and agree that when UBOMI or our third party provider is accessing and retrieving account information from account provider sites, UBOMI or our third party provider is acting as your agent, and not as the agent of or on behalf of the account provider.
12. Intellectual property rights
12.1 All Intellectual Property belongs to UBOMI or if applicable it’s licensors, advertisers, affiliates or other related Third Party.
12.2 We retain all right, title, and interest in and to the Website, the App and all related content and Intellectual Property, and nothing you do on or in relation to the Website, the App or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
12.3 You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or the App.
12.4 You may view content or print a copy of material on the Website or the App for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
12.5 The contents of UBOMI belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Website and the App subject to these Terms. You may download or print a copy of information provided on Website or the App for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from UBOMI in whole or in part for any other purpose is expressly prohibited without our prior written consent.
13. Access to the website and the app
13.1 You agree that you will not:
(a) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor UBOMI or any portion of UBOMI, without UBOMI express written consent, which may be withheld in UBOMI sole discretion;
(b) Interfere with the computer systems which support the Website and the App; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
(c) Collect or store personal data about other Users of the Website or the App;
(d) Impersonate or falsely represent your association with any person or organisation;
(e) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search UBOMI, other than the search engines and search agents available through UBOMI and other than generally available third-party web browsers (such as Microsoft Explorer);
(f) Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
(g) Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
(h) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of UBOMI; or
(i) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of UBOMI.
14. Content of the website and the app
14.1 Whilst we make every effort to ensure information or content published on the Website or the App by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.
14.2 Any dated information or content published by us on the Website or the App is current at the time of publication, and we are not obliged to update or amend any such information or content.
15. Social media connections
16. Usage limitation
16.1 Use of UBOMI may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against UBOMI programming interface. Any such limitations will be specified within UBOMI.
17. Technical Requirements to Use of UBOMI
17.1 The App may be available on your mobile device (if compatible), may require the installation of software and access to the internet via either a cellular or Wi-Fi connection.
17.2 The Website is available on any standard internet browser and will require access to the internet via either a cellular or Wi-Fi connection.
17.3 You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your telecommunications provider.
17.4 To the extent permitted by law, UBOMI makes no warranties or representations of any kind, express, statutory or implied as to:
(a) The availability of telecommunication services from your telecommunications provider
(b) Any loss, damage or other security intrusion of the telecommunication services; and
(c) Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with UBOMI.
18. Termination and Cancellation
Termination and Cancellation by us
18.1 We may immediately limit your access to UBOMI or suspend or terminate your access to the App and the Website where we have reasonable cause to do so including, without limitation, where:
(a) we reasonably consider it necessary to do so in order to:
(i) protect the integrity of our systems or UBOMI in general;
(ii) prevent fraud; or
(iii) protect us against legal or regulatory risk;
(b) you are in Default under there Terms; or
(c) we reasonably suspect, or are aware, that you have breached these Terms in a material respect.
18.2 If your access to the App and the Website is Terminated under clause 18.1 these Terms will be terminated, and all amounts owed by you to us will immediately become payable to us.
18.3 We will use our best efforts to notify you in writing before terminating your access to the App and Website, except where doing so is prohibited by law or may compromise any investigation related to your suspected misconduct.
19. Limitation of liability
19.1 To the maximum extent permitted by law, you release us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents from any claim for loss, damage or liability, including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
(a) errors, mistakes, or inaccuracies of content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of UBOMI;
(c) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from UBOMI;
(e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website or the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages;
(g) any advertising emails or survey invitation email sent to you by us or on our behalf;
(h) the quality of goods and/or services purchased from third parties by you;
(i) any merchant or product descriptions contained on the Website or contained in advertising email sent to you by us or on our behalf;
(j) any failure of or delay in a merchant to notify us of a Qualifying Transaction; or
(k) any failure or default beyond our reasonable control.
19.2 To the maximum extent permitted by law, we exclude all warranties, conditions, representations and guarantees implied by law in relation to the provision of goods and services by us under the Terms or in connection with UBOMI.
19.3 Nothing in the Terms operates to limit or exclude any liability (or statutory warranties, conditions or guarantees) that cannot be limited or excluded by law or limits any party’s rights under the Australian Consumer Law. To the maximum extent permitted by law, our liability in connection with the Terms and/or UBOMI for breach of any representation, warranty, guarantee or condition implied or imposed by law that cannot be excluded is limited (at our option) to supply UBOMI to you again or the cost of supplying UBOMI to you.
19.4 You specifically acknowledge that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
19.5 The Website and the App are controlled and offered by us from our facilities and we make no representations that UBOMI is appropriate or available for in any locations. Those who access or use UBOMI from other jurisdictions do so at their own volition and are responsible for compliance with local law.
20. Disclaimer of warranty
20.1 To the maximum extent permitted by law, you acknowledge that you have not relied upon or been induced by any representation made by us or on our behalf, and that we make not warranty or representation, as to:
(a) the results that may be obtained through using UBOMI (except to the extent expressly stated otherwise in the Terms, on the Website or on the App);
(b) the accuracy, reliability or otherwise of any information obtained through using UBOMI;
(c) the financial or other rewards or the goods and services which may be obtained through taking advantage of Third Party offers or opportunities offered on the App or the Website except to the extent expressly stated otherwise in the Terms; and
(d) the Website or App being uninterrupted, timely or error free.
21.1 You acknowledge and agree that you alone are liable for any and all taxation implications relating to your use of UBOMI or any financial or other gain obtained from taking advantage of a Third Party offer or opportunity, and you alone will be liable for having any such tax liability assessed and paid.
21.2 We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications.
22.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our related bodies corporate and our related entities including any of our/their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the App or the Website;
(b) your violation of any term of these Terms;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(d) all liability for fringe benefits tax or other taxes (or their collection) incurred by those indemnified and arising from your use of the App or the Website;
(e) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of UBOMI.
23.1 We may assign or novate or transfer in whole or part any of our rights or obligations under the Terms without your prior written consent (and if we do so we will provide notice on the Website or on the App). The agreement set out in the Terms is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under the Terms without our prior written consent.
24. Communication and Notices
24.1 Unless stated otherwise in these Terms, all notices and communications under these Terms must be given in writing, including in electronic form via email or SMS.
24.2 Our contact details are available on the Website and the App and in all communications sent to you under these Terms.
24.3 You agree that we can contact you via any phone number or address or electronic that you provide to us.
24.4 You agree that we may provide any notices under these Terms by electronic communication.
24.5 By agreeing to these Terms, you are giving your express consent for us and our affiliates to contact you by way of electronic communication for the purposes of customer service, debt collection, marketing and promotion. This consent survives termination and continues indefinitely unless you notify us in writing that you withdraw your consent.
25.1 We aim to:
(a) acknowledge receipt of all complaints within 5 Business Days; and
(b) resolve all complaints within 21 days.
25.2 If you wish to make a complaint to us, you should do so by contacting us by emailing [email protected] should be raised with us as soon as possible.
25.3 We may request additional documentation from you to assist us in resolving your complaint, and you must provide all reasonable assistance to us to facilitate us in resolving your complaint.
25.4 Where we cannot resolve a complaint within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
26.1 You agree that:
(a) These Terms are governed by the laws of the Queensland, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland; and
(b) the Website and App shall be deemed as platforms that does not give rise to personal jurisdiction over UBOMI, either specific or general, in jurisdictions other than Queensland.
(d) If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
(e) You and UBOMI agree that any cause of action arising out of or related to UBOMI must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(f) These Terms constitute an agreement between us and you in relation to the Website and the App and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the App.
(g) The provisions of these Terms which by their nature survive termination or expiry of these Terms, will survive cancellation of your registration or termination. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(h) Your right to access and use UBOMI is personal to you and is not transferable by you to any other person or entity. You must access and use the Website and the App for lawful purposes and in accordance with these Terms.
(i) At all times in your dealings with us and affiliates (including third parties) you agree to act with integrity and honesty.
(j) You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested.
(k) Your access and use of UBOMI may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of UBOMI or other actions that we elect to take.
(l) You affirm that you are either more than 18 years of age, of sound mind and judgement and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
(m) We provide these Terms upon sign-up so that you know what terms apply to your use of UBOMI. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
27. Apple App Store Additional Terms and Conditions.
27.1 The following additional terms and conditions apply to You if You are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this clause, the more restrictive or conflicting terms and conditions in this clause apply, but solely with respect to the App from the Apple App Store:
27.2 The license granted to you to use the App and the Website is limited to a non-transferable license to use the App and Website on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
27.3 UBOMI is solely responsible for the following:
(a) providing any maintenance and support services with respect to the App and the Website, as specified in this Agreement (if any), or as required under applicable law;
(b) any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of UBOMI to conform to any applicable warranty, You may notify Apple, and Apple will refund any applicable Subscription Fee to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to UBOMI, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be UBOMI sole responsibility
(c) addressing any claims from you or any third party relating to the App including:
(iv) product liability claims; and
(v) any claim that the UBOMI fails to conform to any applicable legal or regulatory requirement
(d) in the event of any third-party claim that UBOMI or Your possession and use of the App or the Website infringes that third party’s intellectual property rights, UBOMI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
27.4 You represent and warrant that:
(a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b) You are not listed on any U.S. Government list of prohibited or restricted parties.
27.5 Our contact information for any end-user questions, complaints or claims with respect to UBOMI is provided in Clause 25 above.
27.6 You must comply with applicable third-party terms of agreement when using UBOMI.
27.7 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
UBOMI Premium Terms
28. UBOMI Premium Services
28.1 UBOMI Premium Services, may only be available through payment of the Subscription Fee. Should you choose to pay the Subscription Fee, you will have access to such UBOMI Premium Services for a fixed Subscription Period, which will automatically renew.
28.2 IMPORTANT: UBOMI Premium Services automatically renew continuously at the end of your Subscription Period, and your payment method will be charged the Subscription Fee as at the time of charging (plus applicable taxes) automatically, without any additional action by you. You acknowledge and agree that the UBOMI Premium services automatically renew unless you cancel them or we suspend or terminate them in accordance with these Terms.
28.3 Payment of the Subscription Fee is final and all charges are non refundable. Should your access be cancelled or terminated in accordance with clause 18 above, UBOMI may in its sole discretion refund the remaining unused Subscription Fee.
29. Assignment and other dealings
29.1 We may assign, sell, novate, or otherwise deal with our rights under these in any way we consider appropriate without your consent, so long as it is not to your detriment. We will notify you in advance of any assignment. You must execute all documents which in our opinion are necessary for these purposes.
29.2 You must not assign, sell, novate, transfer, or deal with your rights or obligations under these Terms without our written consent.
30. Direct Debit Agreement
30.1 By agreeing to these Terms, you authorise and request the Direct Debit Providers to receive, account and remit payments owing under these Terms and any Loan Agreement granted through UBOMI Finance (if applicable) from your bank account in the Details or to any other account you provide to us in the future, in accordance with the terms and conditions of the relevant Direct Debit Provider which can be found by clicking HERE.
30.2 The direct debits will be made in accordance with the Payment Schedule. You will receive notice of debit payments from your bank account in accordance with this Services Agreement and the terms and conditions of the relevant Direct Debit Provider.
UBOMI Finance Services
31. UBOMI Finance Services
31.1 The following terms apply if you choose to use UBOMI Finance Services.
31.2 We agree to provide you with the following services (UBOMI Finance Services):
(a) assist you to source credit from a Lender;
(b) conduct a preliminary assessment of your credit application with the Lender;
(c) facilitate all communications between you and the Lender concerning your Loan Agreement;
(d) if requested, process payments owed by you to us and the Lender on your behalf; and
(e) facilitate all other services related to the Loan Agreement.
32. Authorisation to act on your behalf
32.1 You agree that we may act and communicate on your behalf to carry out the UBOMI Finance Services provided to you under these Terms.
33. Verification of Identity
33.1 You agree to provide us with all information (including your 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 2006 (Cth).
33.2 You consent to us using and disclosing personal information about you for this purpose. You 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 UBOMI Finance Services to you under this Services Agreement.
33.3 You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule.
34. Lender Payment Schedule
34.1 We will facilitate collection of all payments due to the Lender in intervals and amounts as set out in the Loan Agreement that you enter into with the Lender. Payments must be made using one of the Payment Methods.
34.2 If your chosen Payment Method is direct debit, we will collect payments from you in accordance with clause 37.
34.3 We will retain a copy of your Loan Agreement to enable us to calculate and collect repayments from you to forward to the Lender. We will make reasonable attempts to notify you any time there is a change to the amount of each periodic payment that we collect from you.
34.4 If your repayments are at a deficit to the Lender, you agree to make payments to us until the deficit is discharged.
34.5 Repayments can be made at any time before the relevant Payment Date. Otherwise, we will automatically process payments by direct debit on your behalf in accordance with clause 37.
35. Contemporaneous Collection of Subscription Payment
35.1 If a Subscription Payment is due to us in accordance with clause 28 above on the same day as we are due to collect or receive a payment owing to the Lender on your behalf in accordance with the Payment Schedule and the Loan Agreement, we will collect both the Subscription Payment and the payment due to the lender in the same transaction.
35.2 If a payment is collected or received in accordance with clause 37.1, we will allocate the payment first to the Subscription Payment then the remaining balance to the amount owing to the Lender.
36.1 You acknowledge that we are not liable for the conduct of the Lender.
36.2 You acknowledge that we do not act as the Lender’s agent, including where we provide the Lender any information collected from you under clause 35.1.
37.1 If you are in Monetary Default, we will make all reasonable attempts to inform you of the Default and negotiate with the Lender a Payment Schedule to assist you in fulfilling your obligations.
37.2 If a Monetary Default occurs, you irrevocably authorise us to change the timing of any direct debit request to reduce the likelihood of that direct debit request being dishonoured and you indemnify us for any liability that you may incur to your financial institution as a result of direct debit requests processed by us being dishonoured, except to the extent that such liability arises as a result of our error or system failure.
37.3 If a Default in accordance with this clause 29 is not remedied within 7 days after notice is given by us demanding that the Default is remedied, we may terminate this Services Agreement without further notice to you.
37.4 You must reimburse us for any expenses we reasonably incur in enforcing this Services Agreement or exercising our rights under this Services Agreement when you are in Default. Any such reimbursement is payable immediately on our request.
38.1 Notwithstanding anything to the contrary in these Terms, if you Default in the performance of any obligation under these Terms, the Subscription Fee becomes immediately due and payable.
38.2 You are in Default if:
(a) you do not pay on time any amount due under these Terms (including a direct debit request being dishonoured by your bank) (Monetary Default);
(b) you give us incorrect or misleading information or we reasonably believe you have acted fraudulently in connection with these Terms; or
(c) you fail to comply with any other term or condition in these Terms.
39.1 Business Day means a day that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Queensland.
39.2 UBOMI Account means the online account you create on the App and the Website in accordance with these Terms.
39.3 UBOMI Finance means
39.4 Monetary Default means
39.5 Confidential Information includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including us but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
39.6 Consumer Laws means the Australian Securities and Investments Commission Act 2001 (Cth) and the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).
39.7 Data means any data inputted by you or with your authority into the Website or the App, or data acquired via your authorisation (including your transaction information).
39.8 Default means an event outlined in clause 29.
39.9 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.
39.10 Feedback means information provided by you relating to improvements or modifications to UBOMI including suggestions or ideas in any way relating to future modifications of UBOMI, other products or services, advertising, marketing materials or Third Parties.
39.11 Intellectual Property means all intellectual property in relation to the Website, the App and sent to you including but not limited to the software, design, text, data, icons, logos, copyrights, designs, trademarks, concepts sound recordings and graphics.
39.12 Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
39.13 Lender means a third party lender that offers credit that can be taken via the use of UBOMI Finance Services under the these Terms.
39.14 Loan Agreement means a contract entered into between you and a Lender to provide credit in relation to these Terms.
39.15 UBOMI Finance Services means the services provided by us as specified in clause 32.1
39.16 UBOMI Premium Services means your top tier empowerment solution will complete your financial wellness by giving you exclusive access to all of the features UBOMI has to offer. Get the most of your financial insights without any restrictions or interruptions, all day, everyday with the UBOMI top tier solution.
39.17 Monetary Default means Default under clause 29.2(a).
39.18 Payment Method means direct debit, direct deposit or any other payment method accepted by us from time to time.
39.19 Registration Information means the email address, password that you provided when signing up for UBOMI on the Website or the App and together allow you to access UBOMI
39.20 Related Body Corporate and Related Entity have the same meaning as under the Corporations Act 2001 (Cth).
39.21 Subscription Fee means a fee payable for the use of the UBOMI Premium Services for a Subscription Period. The total cost of the Annual Subscription fee and the payment options are as provided in the App or the Website as at the point of purchasing the UBOMI Premium Services.
39.22 Subscription Period means the amount of time that the UBOMI Premium Services are active after payment of the Subscription Fee which is provided for in the App or the Website as at the point of purchasing the UBOMI Premium Services.
39.23 Third Party Account Information means information held by third party financial institutions with which you have a customer relationship, maintain accounts or engage in financial transactions.
39.24 Third Party Offers means various offers and opportunities provided to you by third parties including discount offers, coupon codes and other special offers. These offers and opportunities may be customised to more accurately meet your needs based on the information you have provided us or given us permission to obtain from other sources.
39.25 Us, We and Our means UBOMI Technologies Pty Ltd.
40.1 Headings are inserted for the convenience of the parties only and are not to be considered when interpreting these Terms.
40.2 Words in the singular mean and include the plural and vice versa.
40.3 A reference to a clause is to a clause in this Services Agreement.