Welcome to Wagetap! We’re excited for you to use our digital payment platform which allows you to access your pay instantly, and delay payments on your utility bills. Before using our Platform, please read through these Terms carefully.

1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We may amend these Terms, the features of the Platform at any time, by providing written notice to you;

• We will handle your personal information in accordance with our privacy policy, available at https://www.wagetap.com/assets/privacy_policy_20230720.pdf;

• To the maximum extent permitted by law, the fees are non-refundable;

• Our liability under these Terms is limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the fees paid by you to us during the term of your Account, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;

• If you are found to be in default under these Terms, we may seek to enforce these Terms to recover any payments due and you agree to pay us our additional costs, reasonably incurred, and which arise directly from such enforcement (including legal fees, debt collector fees and mercantile agent fees);

• We may terminate your Account at any time by giving 30 days’ written notice to you; and

• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

Nothing in these terms limit your rights under the Australian Consumer Law.

2. Disclaimer

2.1 Wagetap Lending Pty Ltd t/a Wagetap ACN 662 713 608 is a short term credit provider under section 6(1) the National Credit Code, and does not provide personal financial or professional advice or credit assistance. Before using our Platform or Services, we recommend that you seek independent advice to see whether our products or services are appropriate for your situation.

3. Introduction

3.1 These terms and conditions (Terms) are entered into between Wagetap Lending Pty Ltd t/a Wagetap ACN 662 713 608 (we, us or our) and you, together the Parties and each a Party.

3.2 We provide a web-based platform where we help you stay on top of your finances (Platform).

3.3 In consideration of the fees, we agree to provide you with access to the Platform, the support services as detailed in these Terms, and any other services we agree to provide as set out in your Account, including services which allow you to (a) gain access to your Unpaid Earnings on demand, and (b) use our ‘buy now pay later’ payment service to pay for your utility bills (together, the Services). The Platform also allows you to compare and switch utility bills using a third party service, as further set out in the Terms.

3.4 In these Terms, you means the individual person registered with us as an Account holder.

4. Acceptance and Platform Licence

4.1 You accept these Terms by checking the box, clicking “I accept”, or registering on the Platform.

4.2 To use the Platform, you must be:

1. at least 18 years old;

2. the authorised holder of an eligible debit/credit card or bank account; and

3. an Australian citizen, permanent resident or holding a valid Australian working visa.

4.3 We may amend these Terms at any time, by providing 20 Business Day’s written notice to you (Variation Notice Period). If you do not agree to any amendment made to these Terms you may, before the end of the Variation Notice Period, terminate these Terms by giving us notice in writing, in which case the proposed variation will not come into effect and clause 20.5 will apply. You will have accepted an amendment to these Terms if: (a) we present you with new terms and you accept those terms by clicking “I accept”; or (b) continuing to use the Platform after the Variation Notice Period (whichever date is earlier).

4.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

4.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

4.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

2. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;

3. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

4. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

5. facilitating or assisting a third party to do any of the above acts.

5. Wagetap Platform

5.1 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

5.2 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email at hello@wagetap.com. We will endeavour to respond to any support requests in a reasonable period.

5.3 You acknowledge and agree that data loss is an unavoidable risk when using any software. We are not responsible for backing up your data, and this is not part of the Services that we provide. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

5.4 To the maximum extent permitted by law, but subject to your Consumer Law Rights, we shall have no Liability to you for:

1. any loss or corruption of data; or

2. any scheduled or emergency maintenance that causes the Platform to be unavailable,

except to the extent directly caused by our acts or omissions.

5.5 For more information about your Consumer Law Rights, see clause 18.

6. Third Party Inputs (including Monoova)

6.1 You acknowledge and agree that:

1. the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Inputs); and

2. the provision of the Platform may be contingent upon, or impacted by, such Third-Party Inputs (for example, Monoova facilitates automatic payments on the Platform and Zepto Payments facilitates direct debiting on the Platform).

6.2 To the extent that any Third Party Inputs are required by us in order to be able to provide the Platform to you:

1. we agree to, where applicable, obtain and maintain the required licences for access and use of any Third-Party Inputs (at no additional cost to you); and

2. you agree that:

   1. you agree to and will adhere to the terms and conditions of any such Third-Party Input licences, including the Moonova Terms and Conditions located at

      https://www.monoova.com/bpay-terms;

   2. you will comply with our reasonable instructions and directions and the directions of the third-party provider; and

   3. to the maximum extent permitted by law, we shall have no Liability for any Third Party Inputs, or any unavailability of the Platform due to a failure of the Third Party Inputs.

7. Accounts

7.1 You must register on the Platform and create an account (Account) to access the Platform’s features.

7.2 You must provide basic information when registering for an Account including your name, email address and phone number and you must choose a pin code.

7.3 The payment methods we offer for any applicable fees are set out on the Platform. When creating an Account, you will be able to select and provide details for your preferred payment method (Nominated Payment Method).

7.4 We may pre-authorise or charge your Nominated Payment Method for a nominal amount to verify the payment method.

7.5 All personal information you provide to us will be treated in accordance with our Privacy Policy.

7.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.

7.7 You are responsible for keeping your Account details and your username and password confidential and secure and you will be liable for all activity on your Account, including any Requests made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

7.8 If you notify us of any unauthorised use of your Account, we will immediately suspend your Account and the Services. We will communicate directly with you to restore your Account access, or to set up new Account credentials (where appropriate).

7.9 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification and cancellation history.

8. Identity verification

8.1 We may require you to provide information to us to validate your Account using a third party verification service (Third Party ID Service), including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or any other applicable law or regulation.

8.2 You agree to provide any information or documentation reasonably required by us or a third-party provider to verify your identity in connection with your Account or Requests.

8.3 By registering on the Platform, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.

9. Wage Payment Services

9.1 The Platform allows you to access your Unpaid Earnings prior to your expected payment date (Wage Payment Services).

9.2 To use the Wage Payment Services, you must make a Request via the ‘Application’ feature on the Platform and provide us with the information requested.

9.3 To use the Wage Payment Service, you must link your bank account to your Account. Where your Request is approved, we will send the Unpaid Earnings amount to your linked bank account (each Request and provision of Unpaid Earnings being a separate Short-Term Credit Contract).

9.4 Each Short-Term Credit Contract as part of the Wage Payment Services must be repaid in accordance with the Payment Schedule, and in any event within 62 days from the date on which we advance the Unpaid Earnings to you under that Short-Term Credit Contract.

9.5 You agree that under each Short-Term Credit Contract with us for the Wage Payment Services, you will be charged:

1. 5% of the total amount advanced to you under the Short-Term Credit Contract (as our fee for the Services); and

2. interest at a rate of 24% per annum, calculated daily from the date on which we advance the Unpaid Earnings to you under a Short-Term Credit Contract until the date repayment is due in accordance with the Payment Schedule (meaning interest does not accrue beyond the due date for repayment). Interest accrues only on the amount of the Unpaid Earnings under each Short-Term Credit Contract that has not been repaid. Interest is not compounding. This means that if the Unpaid Earnings advanced under a Short-Term Credit Contract are (a) repaid in full before the due date for repayment, then interest will stop accruing from that date of repayment in full; or (b) partially repaid, then interest will only accrue on the amounts still outstanding (up until the due date for repayment in accordance with the Payment Schedule)

9.6 In consideration of us providing the Wage Payment Services and subject to these Terms, you hereby consent to, authorise and instruct us to deduct from your Nominated Payment Method the amount provided by us to you as part of the Wage Payment Service, the Wage Payment Service repayment fee and any other applicable fees as set out on the Platform (together, the Wage Repayment Amount) as set out in these Terms and on the dates set out in any applicable Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Method, in accordance with your Payment Schedule and these Terms.

10. Utility Bill Payment Services

10.1 The Platform allows you to use our ‘buy now pay later’ payment service to pay for third party goods/services (Utility Bill Payment Services).

10.2 To use of the Utility Bill Payment Service, you must make a Request via the ‘Bill Split’ feature on the Platform and provide us with the information requested (including but not limited to copies of any utility bills).

10.3 To use the Utility Bill Payment Service, you must provide us with your payment details and BPAY details for your utility bill. Where your Request is approved, we will pay the relevant utility bill through BPAY (each Request and associated Utility Bill Payment Service provided by us being a separate Short-Term Credit Contract).

10.4 Each Short-Term Credit Contract as part of the Utility Bill Payment Services must be repaid in accordance with the Payment Schedule, and in any event within 62 days from the date on which we advance the relevant funds to you under that Short-Term Credit Contract.

10.5 You agree that under each Short-Term Credit Contract with us for the Utility Bill Payment Services, you will be charged 5% of the total amount advanced to you under the Short-Term Credit Contract (as our fee for the Services).

10.6 In consideration of us providing the Utility Bill Payment Services and subject to these Terms, you hereby consent to, authorise and instruct us to deduct from your Nominated Payment Method the amount provided by us to you as part of the Utility Bill Payment Service, the Utility Bill Payment Service repayment fee and any other applicable fees as set out on the Platform (together, the Bill Repayment Amount) as set out in these Terms and on the dates set out in any applicable Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Method, in accordance with your Payment Schedule and these Terms.

11. Utility Comparison Services

11.1 The Platform contains a linked information service (Utility Providers Comparison Services) which allows you to (a) find and compare quotes and offerings from a range of utility providers and (b) switch your providers.

11.2 The Utility Providers Comparison Service is not provided by us. All content (including quotes and statements relating to goods or services) available through the Utility Providers Comparison Service on the Platform are the responsibility of and given by the third party operator (Third Party Operator). We take no responsibility for the Utility Providers Comparison Services.

11.3 By using the Utility Providers Comparison Services, you understand and agree that (a) we do not provide the Utility Providers Comparison Services, and (b) we are able to disclose your information to our partners for the purposes of our partners providing you the services, and that we may receive a benefit from this referral.

11.4 You may enter into written agreements with the Third Party Operator in relation to the Utility Provider Comparison Services. We are not party to any agreement entered into between you and the Third Party Operator, and we have no control over the conduct of you, the Third Party Operator or any other users of the Platform.

12. Conditions of Use and Payment

12.1 If any information provided to us in your Request changes, you must notify us immediately of the change. Failure to notify us of such a change may cause you to be in breach of these Terms.

12.2 If required, you agree to complete a direct debit request form and/or direct debit request service agreement, which may be provided by us or by a third-party provider on our behalf.

12.3 All Requests are subject to approval by us, in our reasonable and sole discretion, and we are not under any obligation to approve your Request. We may choose not to approve a Request and may cancel any Request that has been approved by us before the Services are supplied, if:

1. any documentation or information provided by you as part of these Terms is false or inaccurate;

2. you attempt to use our products or services to refinance an existing debt owed by you;

3. we reasonably consider this necessary in order to:

   1. protect the integrity of our systems or the Services;

   2. prevent fraud;

   3. limit the risk of money laundering or terrorism financing; or

   4. otherwise protect against legal, regulatory or non-payment risk;

4. we reasonably suspect, or are aware, that you have materially breached these Terms in relation to a previous Request (including by failing to make any payment for amounts due under these Terms by the Repayment Date);

5. you do not pass our verifications or checks, including those described in clause 8; or

6. we otherwise reasonably consider the Request to be suspicious.

12.4 You acknowledge and agree that our Services are reliant on the reliant on the accuracy and completeness of the information that you provide to us. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with you providing us with inaccurate or incomplete information (including payments have been made to the wrong accounts due to you providing us with inaccurate or incomplete information).

12.5 The amounts of each of the applicable fees will be as set out in the Platform at the time you place the Request to use our Services. Once your Request has been submitted, these amounts (and when they are due) will be visible in your Payment Schedule in your Account.

12.6 You must not pay, or attempt to pay, any applicable fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

12.7 You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Account, otherwise we will automatically process payments in accordance with the Repayment Date/s provided in the Payment Schedule.

12.8 You are responsible for ensuring that you have sufficient funds in your Nominated Payment Method available to pay the Wage Repayment Amount or Bill Repayment Amount on the Repayment Date. You are liable for any fees or charges imposed in relation to your Nominated Payment Method, except to the extent these are as a result of our error or our system failure and where this is the case you should provide us with a copy of the relevant records so that any issue can be resolved.

13. Late Payments and Default

13.1 If a repayment fails (for example, where your Account has insufficient funds on a Repayment Date), you authorise us to satisfy any monetary liability you owe us by:

1. debiting your Nominated Payment Method at a later date or time (including withdrawing part payment from your Nominated Payment Method and allocating any part payment to the Repayment Amount) until the amount has been paid to us in full;

2. offsetting the payment amount against any amounts we may owe to you; or

3. any other legal means (including through third party debt collection services).

13.2 The amounts of any Late Fees and when they will be incurred will be as set out in the Platform at the time you place the Request to use our Services.

13.3 We may, in our sole discretion, delay the application of, or waive, wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of our error, please let us know so that the issue can be resolved.

13.4 If the option is made to you by us on the Platform, you may delay your payments or split your payments into multiple repayments during the Term in accordance with these Terms. Such delayed payments and split repayments may not be delayed beyond 62 days of the date on which funds were first advanced to you under the relevant Short-Term Credit Contract.

13.5 If you fail to make any payments due under these Terms by any Repayment Date/s or if you breach any material provision in these Terms, including clause 17, you may be found to be in default under these Terms and we may:

1. provide you with a notice of default, after which the unpaid balance of any payments due under these Terms will become immediately due and payable; and

2. seek to enforce these Terms, and you agree to pay us our additional costs, reasonably incurred, and which arise directly from such enforcement (including legal fees, debt collector fees and mercantile agent fees).

14. Direct Debit Request

14.1 You understand and agree that we may rely on third party systems, including Zepto Payments Pty Ltd (User ID# 454146, 492448, 500298, 507533, 518403, 518404, 531942, 538925, 543948, 543950, 543949, 543954, 543947, 543955, 543956, 543957, 543958, 543962, 600993, 600994, 600995, 600996, 600997, 600998, 600999, 601001, 601002, 601003, 601004, 601005, 601006, 601007, 601008, 612056, 612057, 613600, 613601, 613602, 613603, 613604, 613605, 613606, 613607, 613608, 613609) (Zepto Payments) to facilitate direct debit payment functionality on the Platform (Direct Debit Functions).

14.2 By using the Platform (and the Direct Debit Functions), you:

1. agree to enter into a standing direct debt authority with us;

2. request and authorise Zepto Payments, on our behalf (with whom you have a direct debit agreement), to arrange through our own financial institution, to debit from your Nominated Payment Method any amount the we have deemed payable by you (Direct Debit Request Authority); and

3. you agree to and will adhere to the terms and conditions of any such direct debit service agreements, including the Zepto Payments Terms and Conditions located at:

   1. https://www.zepto.com.au/ddrsa/; and

   2. https://www.zepto.com.au/ddr/.

14.3 In your use of the Direct Debit Functions, any debit or charge will be made through the bulk electronic clearing system (BECS) from your Nominated Payment Method held at the financial institution you have nominated and will be subject to these Terms.

14.4 Should you wish to defer a payment to another date (Deferment), you must notify us in writing 24 hours before the date of the payment to request the Deferment. Deferments are entirely at our sole discretion. You may request to stop an individual payment through the Zepto Payments platform, however, you will still be liable to make this payment to us.

14.5 Should you wish to alter the payment frequency or Payment Schedule (Schedule Alteration), you must notify us in writing as soon as practicable before the next Repayment Date to request the Schedule Alteration. Schedule Alterations are entirely at our sole discretion. Any changes made will not affect the total amount you would otherwise have paid over prior to the Schedule Alteration.

14.6 You can cancel this Direct Debit Request Authority at any time through notifying us in writing and through the Zepto Payments platform. Your cancellation of the Direct Debit Request Authority will not impact the remaining provisions of these Terms and your remaining obligations under these Terms.

14.7 If you dispute any direct debit payment, you must notify us immediately (Debit Dispute). We will respond to your Debit Dispute within 7 Business Days and will immediately refund the amount of the direct debit if we are not able to substantiate the reason for it. If you not receive a satisfactory response from us to your Debit Dispute, you may contact Zepto Payments directly at enquiries@zepto.com.au, who will respond to you with an answer to your Debit Dispute within 5 Business Days if your Debit Dispute is lodged within 12 months of the disputed drawing, or within 30 Business Days if your claim is lodged after 12 months from the disputed drawing.

14.8 By using the Direct Debit Functions, you acknowledge and agree that:

1. you are responsible for ensuring that sufficient funds are available in your nominated account to meet the direct debit payments. Should your payment be dishonoured, you authorise Zepto Payments to debit your account when sufficient funds become available in your nominated bank account;

2. we will not debit more than three payments per day from your Nominated Payment Method for the same goods or services; and

3. Zepto Payments does not accept any liability for the provision, merchantable quality or fitness for purpose of the underlying goods or services provided to you by us and/or merchant, and you agree to hold Zepto Payments harmless for any claim that may arise from the non-provision of services by us and/or merchant or any other claim that may be made against us and/or merchant under law.

15. Our Intellectual Property

15.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.

15.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.

15.3 You must not, without our prior written consent:

1. copy, in whole or in part, any of Our Intellectual Property;

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

3. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

15.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

1. you do not assert that you are the owner of Our Intellectual Property;

2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

4. you comply with all other terms of these Terms.

15.5 This clause will survive the termination or expiry of your Account.

16. Your Data

16.1 You own all data, information or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).

16.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:

1. communicate with you (including to send you information we believe may be of interest to you);

2. supply the Platform to you and otherwise perform our obligations under these Terms;

3. diagnose problems with the Platform;

4. enhance and otherwise modify the Platform;

5. perform Analytics;

6. develop other services, provided we de-identify Your Data;

7. comply with any relevant laws or regulations; and

8. as reasonably required to perform our obligations under these Terms.

16.3 You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:

1. you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and

2. neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

16.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.

16.5 We do not endorse or approve, and are not responsible for, any of Your Data.

16.6 You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.

16.7 This clause will survive the termination or expiry of your Account.

17. Warranties

17.1 You represent, warrant and agree that:

1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

2. that you have only created one Account and will not create any further Accounts;

3. there are no legal restrictions preventing you from entering into these Terms;

4. you will comply with these Terms, our reasonable requests or requirements, and all applicable laws;

5. at the time that you create an Account on the Platform or make a request to use the Services, you are:

   1. not in financial hardship;

   2. not on any politically exposed persons (PEP) list; and

   3. you are mentally sound and have the mental capacity to enter into these Terms;

6. at the time you make a request to use our Wage Payment Service or Bill Payment Service, you are employed and reasonably expect to remain employed during the term of these Terms;

7. all information and documentation that you provide to us, including in your Requests, in connection with these Terms is true, correct and complete (including, without limitation, in relation to your identity or personal details and your contact details);

8. you will not use the Services for any purpose not contemplated between the Parties, including using the Services to refinance an existing debt owed by you;

9. the Services are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without our prior written consent;

10. any information, advice, material, work and services (including the Services) provided by us under these Terms does not constitute legal, financial, merger, due diligence or risk management advice;

11. in using our Platform and Services, you understand that Wagetap is not and will not enter into any agreements with a third party on your behalf to pay an amount. Wagetap only pays the amount directly to you or a third party in accordance with the information that you provide to us, and it is your responsibility to ascertain whether our products or services are appropriate for your situation.

18. Australian Consumer Law

18.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

18.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

18.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

18.4 This clause will survive the termination or expiry of your Account.

19. Liability

19.1 Despite anything to the contrary, to the maximum extent permitted by law (including under the Australian Consumer Law):

1. you agree to indemnify us for any Liability we incur due to your breach of the ‘Acceptance and Platform Licence’ clause and the ‘Our Intellectual Property’ clause of these Terms;

2. neither Party will be liable for Consequential Loss;

3. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and

4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the fees paid by you to us during the term of your Account.

19.2 This clause will survive the termination or expiry of your Account.

20. Termination

20.1 Cancellation of Accounts: You may request to cancel your Account at any time by notifying us via email of the in-app chat. You agree that you will not be able to cancel your Account unless (a) all outstanding amounts owing to us by you have been received in full by us; and (b) no disputes are in progress.

20.2 We may terminate your Account at any time by giving 30 days’ written notice to you (Termination for Convenience).

20.3 An Account will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

2. the Defaulting Party is unable to pay its debts as they fall due.

20.4 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.

20.5 Upon expiry or termination of your Account:

1. you must continue to repay all amounts owing to us in accordance with the Payment Schedule;

2. once you have repaid all amounts owing to us, we will remove your access to the Platform and your Account will be deleted;

3. we will immediately cease providing the Services (meaning you cannot raise any new Requests) and any current Requests will also terminate on the date of termination;

4. you agree that other than where termination is due to our Termination for Convenience or our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any fees) are not refundable to you;

5. where we terminate your Account for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination.

20.6 Where termination is due to our Termination for Convenience or our breach of these Terms, we agree to refund you for any prepaid unused fees on a pro-rata basis.

20.7 Termination of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.

20.8 This clause will survive the termination or expiry of your Account.

21. Notice Regarding Apple

21.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

21.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

21.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

21.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

21.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

21.6 You agree to comply with any applicable third-party terms when using our mobile application.

21.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

21.8 You hereby represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. General

22.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

22.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

22.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

22.4 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.

22.5 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

22.6 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

22.7 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

22.8 Publicity: With your prior written consent, you agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material.

22.9 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

22.10 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

23. Definitions

23.1 Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

23.2 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

23.3 Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

23.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

23.5 Payment Schedule means the payment schedule set out in the Platform which is accessible using your Account.

23.6 Repayment Date means a date on which you must make repayment to us of an amount owing under a Short-Term Credit Contract, as set out in the Payment Schedule.

23.7 Request means any request by you made through the platform to use the Wage Payment Services or Utility Payment Services.

23.8 Short-Term Credit Contract means any contract, agreement or arrangement entered into between us and you in relation to a particular Request (under either the Wage Payment Services or the Utility Bill Payment Services).

23.9 Unpaid Earnings means the earnings owed to you by your employer that has not yet been paid, arising out of services that you have provided to your employer or its customers and any other related rights.

For any questions or notices, please contact us at:

Wagetap Lending Pty Ltd t/a Wagetap ACN 662 713 608

Email: support@wagetap.com