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Terms & Conditions of Use

These terms and conditions, together with WageSplitter’s Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the WageSplitter platform (of websites, apps and other platforms operated or controlled by WageSplitter entities (“WageSplitter Platform”)) (“Conditions”) govern your use of and access to the WageSplitter Platform. If you use or otherwise access any content or data on the WageSplitter Platform, you agree to be bound by these terms and conditions.

We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website.  Your subsequent or continued use of the WageSplitter Platform will constitute your acceptance of any changes and acceptance of those terms. If you object to any changes to the Conditions or other notices on our platform your sole remedy is to immediately discontinue your use of the WageSplitter Platform.

These terms and conditions of use were last updated in November 2021.

The WageSplitter Platform

While we use reasonable endeavours to ensure that the WageSplitter Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the WageSplitter Platform may be suspended without notice in the case of system failure, maintenance or repair, failure by either the Employer or the Employee to repay amounts advanced, your Employer advising that your employment is to be terminated or any other reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, app, feature or service (or part thereof) on the WageSplitter Platform at any time.

We do not warrant that content, links, or subdomains contained on, or associated with the WageSplitter Platform will be available and accessible to you at all times. We may change the path or location of a link or subdomain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you provide will remain constant at the time that you provide or share them on the WageSplitter Platform, as they are subject to change at any time without notice to you.

Information on our platform and in any websites or apps operated or controlled by WageSplitter should not be regarded as a substitute for professional legal or financial advice.

WageSplitter is responsible for maintaining the WageSplitter Platform and makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of WageSplitter, and any Third Party Content on our website) and WageSplitter and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the WageSplitter Platform.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the WageSplitter Platform at any time without providing notice to you.

Acceptance of the Conditions

We provide access to the WageSplitter Platform and allow you to use our services, being the transfer to you of accrued but unpaid salary or wages by way of an electronic transfer of funds or other approved payment method, and other anciliary payment or other services you can access through the WageSplitter Platform (the “Services”), subject to the Conditions. Before you access the WageSplitter Platform, open an Account or use the Services, it is important that you read, understand, and agree to the Conditions.

In accessing the WageSplitter Platform, opening an Account, using the Services or clicking a box to agree to the Conditions, you agree to be bound by the most current version of the Conditions published on the WageSplitter Platform. If you do not accept the Conditions, you must refrain from accessing the WageSplitter Platform and using the Services.

You may not open an Account if you are not of legal age (unless you have parental consent) or do not have legal capacity to form a binding contract with us.

Opening an Account

In order for you to be eligible to open an Account with us, you must be a current employee, contractor, officer or director of your Employer working for your Employer either on a full-time basis, part-time basis, as a casual or under a flexible arrangement.

In order for us to open your Account and provide the Services to you, you must complete your account registration details as required on the WageSplitter Platform and agree to the Conditions.  When registering as an Account holder, you must accept your unique invitation sent by us to your email account (as registered within your Employer’s payroll system) and authorise us to retrieve information (including your personal details and your bank account details) from your Employer’s payroll records. You will also be asked to create a pin to access the WageSplitter Platform.  While it is your responsibility to inform us of any changes to your registration information, you acknowledge and agree that your Employer may notify us of any changes to your registration information for the purposes of updating your information, including in particular if you give your Employer notice of termination of employment, or if your Employer gives you notice of termination of employment.  We will treat your personal information strictly in accordance with our Privacy Policy.

You must not impersonate or create an Account for any person other than yourself.  You may only open one Account.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your Account details, including your pin. You are wholly responsible for all activities which occur using your Account details and you are liable for any loss, cost, damage, or expense to you or any other person that may arise as a result of that activity. You must notify us immediately if you become aware of any unauthorised use of your Account or Account details. You must not permit your Account details to be used by any other person.

We reserve the right to, in our sole discretion, suspend or terminate your Account or access to all or any part of the WageSplitter Platform without notice to you, including if we believe you are abusing the Services in any way, where we reasonably consider account activity to be suspicious, where we consider it reasonably necessary to prevent fraud or limit or otherwise protect us against any legal, regulatory or non-payment risk, if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, you fail to continue to meet the eligibility criteria to open an account, your Employer requests us to do so, where requests are made by law enforcement or other government agencies to do so, or where you have breached the Conditions or are no longer an active member.

Where we do suspend or terminate your Account, any Transfer Requests (as detailed below) submitted but not yet approved will be cancelled.

You further agree to:

  1.  allow WageSplitter to collect information, on your behalf, using your credentials on Third Party platforms; 
  2. authorise us to use your information in accordance with our Privacy Policy;
  3. provide your information to Third Parties in accordance with the Conditions to provide the Services.

By entering into these Conditions and accessing the WageSplitter Platform, you represent and warrant that all information provided, and to be provided, in accordance with these Conditions is accurate, complete and current, and you will use the WageSplitter Platform in accordance with these Conditions.

Provision of Services

Once your Account has been set up, you can make a Transfer Request at any time.  Each Transfer Request must be less than your User Limit.  We reserve the right to have a minimum amount which can be accessed via a Transfer Request.

No Transfer Requests will be approved and paid to you where you are in default of your obligations under these Terms, where, by processing a Transfer Request, you will exceed your User Limit, or where in WageSplitter’s discretion you no longer meet the eligibility criteria to maintain an open Account with WageSplitter. 

Once a Transfer Request has been approved, we will process the Transfer Request and trasfer it to you.  Once a Transfer Request has been paid, we will update your Account Balance to reflect the Transfer Request.

Once your Transfer Request has been submitted, you cannot cancel or change the Transfer Request via your Account.  Once a Transfer Request has been approved, you cannot cancel or change your Transfer Request.  

Once the Cash Transfer has been made or processed we will deduct the amount of the approved Transfer Request directly from your salary or wages in your next Pay Cycle (or, if your employment terminates before your next Pay Cycle, we will deduct the amount of the approved Transfer Request directly from your employment entitlements before they are paid to you by your Employer).

If your Transfer Request has been rejected, you will not receive any payment. However, you may submit another Transfer Request.

Any Cash Transfer made to you in accordance with these Conditions is not consumer credit as defined in, and is not regulated under, the National Consumer Credit Protection Act 2009 (Cth).  

Fees

You will be charged a Transaction Fee for each Cash Transfer made to you.  The Transaction Fee will be added to the amount to the Cash Transfer amount to be deducted from your Payroll.

We may vary the amount, frequency and time for payment of the Transaction Fee and impose new fees and charges without your consent by giving you at least 20 days’ written notice in compliance with the law.  Any changes will only apply to any new Transfer Request/s made by you after the changes. If you are unhappy with any of the changes, you may terminate these Conditions in accordance with their terms.

Licence

Subject to your continued compliance with the Conditions, we grant you a limited, non-exclusive, non-transferable, non-sub licenceable, revocable licence to access and use the WageSplitter Platform solely in accordance with the Conditions during the term for your lawful purposes and for no other purpose.

Your general obligations

You may only use the WageSplitter Platform in accordance with the Conditions, any directions given by us (acting reasonably), and with all laws and regulations applicable to you, and for lawful purposes.

In accessing the WageSplitter Platform, you must not, nor cause or permit any other person to:

  1. use the Services in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including Intellectual Property Rights), violates the Conditions, or which restricts or interferes with the provision of the Services by us to any other user;
  2. use any device, software, process or means to interfere or attempt to interfere with the proper working of the WageSplitter Platform;
  3. use any device, software, process or means to access, retrieve, scrape any content on the WageSplitter Platform;
  4. modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the WageSplitter Platform including code and software;
  5. alter, modify, adapt or copy the whole or any part of the WageSplitter Platform;
  6. reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the WageSplitter Platform;
  7. remove or obscure any copyright, trademark or other proprietary notice on the WageSplitter Platform;
  8. enter into any transaction relating to access or use of the Services with a party other than us, without our prior written consent;
  9. attempt to disable or circumvent any security or other technological measure designed to protect the WageSplitter Platform or users;
  10. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
  11. attempt to gain unauthorised access to the WageSplitter Platform, computer systems or networks connected to the WageSplitter Platform, through hacking, password mining or any other means; or
  12. use the WageSplitter Platform for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the WageSplitter Platform; or
  13. use the WageSplitter Platform:
  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, surveys, instant messaging, “spimming,” or “spamming” or other mass messaging, whether in commercial nature or not;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose.

At all times you must:

  1. be honest and faithful in all your dealings;
  2. not engage in any unsound, unethical or improper business;
  3. provide full and correct information to us, and provide truthful explanations to us, in all matters relating to the Services;
  4. ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us; or
  5. immediately notify us if you become aware of any malfunction of the WageSplitter Platform or any breach of the Conditions.

 

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the WageSplitter Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

No Warranties

You expressly understand and agree that except as otherwise set out in these Conditions, the WageSplitter Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the WageSplitter Platform will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the WageSplitter Platform will be accurate or reliable, that any errors or defects in the WageSplitter Platform will be corrected, or that the WageSplitter Platform will meet any or all of your requirements.

Although considerable effort has been taken to make the WageSplitter Platform and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.  You acknowledge and agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.

These disclaimers will apply to the maximum extent permitted by applicable law.  Nothing in these Conditions is intended to affect your statutory rights. 

Beta Features

From time to time, WageSplitter may offer new features or tools with which you may experiment with on the WageSplitter Platform. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at our sole discretion.

Platform providers

Our apps and voice assistant products are provided subject to the platform or software provider’s terms.

(a) Apple

If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and WageSplitter. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.

We grant you a non-transferable licence to use the app on any iPhone, iPad or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.

You acknowledge that:

  • WageSplitter (not Apple) is solely responsible for the app and its contents; and
  • WageSplitter is not required to provide maintenance or support services for the WageSplitter App.

If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund any app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.

We are (and Apple is not) responsible for:

  • addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
  • investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.

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

If you have any questions, complaints or claims you can contact us at feedback@wagesplitter.com.

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.

(b) Android

Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Information disclaimer

We make no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.

You must evaluate, and bear all risks associated with the use of information provided, including your reliance on the accuracy, completeness, or usefulness of it.

Notifying us

If you think that the WageSplitter Platform has been accessed or used by another user in breach of the Conditions, please email us at support@wagesplitter.com. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the content that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@wagesplitter.com.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the WageSplitter Platform.

The WageSplitter Platform contains content that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the content on the WageSplitter Platform for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

Nothing displayed on the WageSplitter Platform should be construed as granting any right of use in relation to any logo, masthead or trade mark without the express written consent of the relevant owner.

Intellectual Property Rights

Except where expressly stated otherwise, all ideas, concepts, know-how, data processing, data compilations, databases, source code, object code, software, documentation, trademarks, trade secrets, copyrights, inventions subsisting in the WageSplitter Platform, our Services, our Confidential Information, and any information and materials related to the foregoing, and all associated Intellectual Property Rights (“Our Property”), are and will remain the sole property of WageSplitter or our licensors, and no rights, title, or interest are granted to you or any third party under this Agreement with respect to Our Property therein other than as expressly set forth in the Conditions.

Other than as expressly permitted in the Conditions, nothing in the Conditions shall be construed to transfer any right, title, or interest to you of Our Property. You disclaim all rights to Our Property, other than those rights granted in the Conditions, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production. You may not access, use, resell, sell, licence, sub-licence, distribute, make available, rent, or lease the Our Property or any Intellectual Property Rights therein for any purpose, except as expressly authorised by the Conditions.

You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Services.

Confidentiality

Each party must not without the written consent of the other:

  1. use any Confidential Information of the other party, except in performing its obligations under the Conditions; or
  2. disclose any Confidential Information of the other party to any person except to those who need to know in order to provide the Services and who agree to be bound by similar obligations of confidentiality.

This clause does not apply where:

  1. disclosure is required by law;
  2. the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and
  3. the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.

These obligations of confidentiality survive termination of the Conditions.

Third Party Content

Our platform may contain content provided to WageSplitter by other parties (Third Party Content). WageSplitter does not have a practice of monitoring or making inquiries about Third Party Content. WageSplitter is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of WageSplitter. You rely on Third Party Content contained on the WageSplitter Platform completely at your own risk.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the WageSplitter Platform. Such websites do not form part of the WageSplitter Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the WageSplitter Platform entirely at your own risk.

You must not link to the WageSplitter Platform from any other website (or otherwise authorise any other person to link from a third party website to the WageSplitter Platform) without our prior written consent.

The WageSplitter Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the WageSplitter Platform, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the WageSplitter Platform may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at privacy@wagesplitter.com.

Disclaimer

You use the WageSplitter Platform at your sole risk.

You must take your own precautions to ensure your access to the WageSplitter Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.

We will not be liable for loss resulting from any action taken by you using the WageSplitter Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the WageSplitter Platform in any circumstance.

Limitation of liability

You use the WageSplitter Platform at your sole risk.

Certain rights and remedies may be available under the Competition and Consumer Act 2010(Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the WageSplitter Platform that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, in the case of services supplied or offered by us:

  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied; 
  • or the replacement or repair of goods or payment of the cost of replacement or repair; and

In relation to any express warranty or condition set out in the Conditions in connection with services supplied or offered by us via the WageSplitter Platform, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the WageSplitter Platform.

Indemnity

You agree to fully indemnify and hold us and our affiliates (and their officers, shareholders, agents, partners and employees) harmless against any expenses (including reasonable legal fees or attorney’s fees), costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the WageSplitter Platform or the Services, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the WageSplitter Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Force Majeure

Except for any payment obligations, neither you nor we are liable for any delay or failure to perform any of its obligations under the Conditions to the extent that the delay or failure is caused by reason of Force Majeure.

Assignment

You must not assign the Conditions or otherwise transfer for the benefit of the Conditions or a right or remedy under it without our prior written consent.

We may novate, assign or transfer part or all of our rights and obligations under the Conditions to any third party and you consent to the novation, assignment, or transfer.

Term

These Conditions commence on the date you agree to them and will continue until terminated by you or us in accordance with these Conditions.

Either you or we may terminate these Conditions immediately by notice.  If these Conditions are terminated, then:

    • any amount repayable to WageSplitter including any applicable Transaction Fees will become immediately due and payable;
  • any submitted Transfer Requests, which have not been approved or rejected, will be automatically cancelled;
  • you will not be able to submit any further Transfer Requests;
  • your Account will be closed;
  • you will not be able to access the WageSplitter Platform; and
  • we will keep a copy of any information or data relating to your Account in compliance with the law.

Notices

Notices must be in writing and given in the English language. Notices may be delivered to a party by hand or by email to that party’s address shown below or to the alternate address notified to the party giving the notice.

Our address for delivery of a notice is WageSplitter Pty Ltd (ACN:650 927 325), c/- email: enquiries@wagesplitter.com

Your address for delivery of a notice is the email address provided by you during the registration process.

A notice will be taken to be duly given and received when the recipient party confirms, by automated email, receipt of the notice or four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

Dispute resolution

If a dispute arises between you and us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. If you have a dispute, please contact us at enquiries@wagesplitter.com 

No Class Actions:  You and we may bring claims against the other in your or our individual capacity and not as a plaintiff, class member or private attorney general in any purported class or representative proceeding.  Further an arbitrator or court may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Timing of Claims: Notwithstanding any other rights you or we may have under law or equity, any cause of action arising out of or related to the Conditions or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.

Arbitration: Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.

General information

The Conditions constitute the entire understanding between you and us and supersede all previous and contemporaneous communications, representations, or agreements with respect to your access and use of the Services. The Conditions also supersede any prior agreements between you and us in respect of your use of the Services. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the Services.

Headings are for convenience only and do not affect interpretation.

No failure or delay of either you or us in exercising any right, power, or privilege under the Conditions operates as a waiver or any such right, power of privilege.

If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of the Conditions are to remain in full force and effect.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Services. Nothing in the Conditions will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us.

Your rights and obligations under the Conditions are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

You must do everything reasonably required by us to give full effect to the Conditions.

Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.

There are no third-party beneficiaries to the Conditions.

Anti-Money Laundering and Counter-Terrorism Financing

You agree to provide all information to us which we reasonably require in order to manage its obligations in providing the Services in relation to anti-money laundering and counter terrorism financing or to comply with the applicable laws.

You agree that we may refuse to process any transaction under this Agreement without any liability if we suspect that the transaction may breach any applicable laws.

Applicable law

Conditions shall be construed in accordance with and governed by the laws of New These South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

Account” means the account we have created for you to use the WageSplitter Platform.

Account Balance” means the balance that is available to you in a particular Pay Cycle Period to make a Transfer Request in accordance with the Conditions.

Bank Account” means your bank account into which all Cash Transfer Requests will be credited, the details of which your Employer has provided to us as part of the Account set-up as described under these Conditions, or as changed having been advised by your Employer and confirmed by you.

Cash Transfer” means the transfer to you of your Cash Transfer Request.

Cash Transfer Request” means a request to transfer accrued pay, submitted via the WageSplitter Platform, for you to be paid in cash into your Bank Account prior to your usual pay day, some or all of your wages or salary which has been earned but not yet paid by your Employer, subject to your User Limit.

Conditions” means these terms and conditions, together with our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the WageSplitter Platform.

Employer” means the person or entity who employs you.

Pay Cycle” means the frequency that your Employer usually pays your wages or salary e.g. weekly, biweekly or monthly.

Pay Cycle Period” means the time period between being paid in the last Pay Cycle and being paid in the next Pay Cycle.

Services” means the transfer to you of accrued but unpaid salary or wages by way of an electronic transfer of funds or other approved payment method, and other anciliary payment or other services you can access through the WageSplitter Platform.

Third Party” means third parties not related to WageSplitter.

Third Party Content” means content provided by any Third Party.

Transaction Fee” means the dollar or percentage fee (if applicable) that applies to each Transfer Request processed by WageSplitter in accordance with these Terms. The applicable fee will be specified in the WageSplitter Platform at the time you make a particular Transfer Request.

Transfer Request” means a Cash Transfer Request.

User Limit” means the limit that applies to your Transfer Requests specified in the WageSplitter Platform from time to time.

WageSplitter”, “Us”, “we” or “our” means WageSplitter Pty Limited (ACN 643 322 696) and/or its related bodies corporate.

WageSplitter Platform” means all of the websites and apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).