1. In these standard terms and conditions:
(a) “Agreement” means the agreement between You and Us formed on the basis of these Terms and Conditions;
(b) “App” means the uStash App;
(c) “Applicable Laws” means all applicable Australian laws and any applicable international laws, including the local laws in Your country of residence;
(d) “Booster Amount” means an amount selected by You, ranging from one dollar to five dollars, that will be added to each Round Up. By default no Booster Amount will be selected at sign up.
(e) “Destination Account” means the account You nominate where Round Ups will be transferred to;
(f) “Funding Account” means the account You nominate where Round Ups will be withdrawn from;
(h) “Round Up(s)” means the “spare change” amounts that are calculated by rounding up each debit transaction that takes place in Your Spending Account(s), as outlined in clauses 5 to 8;
(i) “Spending Account(s)” means the account(s) You nominate where transactions will be monitored for Round Up opportunities;
(j) “Terms and Conditions” means the terms and conditions contained in this document;
(k) “uStash”, “We”, “Our” or “Us” means uStash Pty Ltd ACN 612 558 979;
(l) “You” and “Your” means any person who downloads, uses or access the App, and any entity on whose behalf they may act.
3. If You do not agree with these Terms and Conditions, You must not download, use or access the App. If You have already downloaded, used or accessed the App, You must immediately cease using it and uninstall it from all devices.
4. You may only use this App if all of the following criteria are met:
(a) You are at least 18 years of age;
(b) You are a resident in Australia;
(c) All of the Destination Account, Funding Account and Spending Accounts are with Australian financial institutions;
5. The App assists You in facilitating an automated “savings” regime. It does this by monitoring Your Spending Account(s) to identify opportunities for Round Ups from all debit transactions.
6. The App will affect a “virtual” Round Up of each debit transaction that takes place in the Spending Account(s). Each debit transaction will be rounded up to the nearest whole dollar. If a debit transaction is for a whole dollar amount, it will be rounded up by one whole dollar. If you have set a Booster Amount, it will be added to each Round Up amount.
7. On a weekly basis the sum of all the Round Ups that have taken place in the previous week will be transferred from Your Funding Account to Your Destination Account.
8. Transfers of Round Ups from Your Funding Account to Your Destination Account may not be instantaneous – the time taken will depend on your financial institution’s usual payment processing times.
9. The Destination Account may be a transaction/savings account, credit card or loan account. The Funding Account must be a transaction/savings account. You warrant that the Funding Account will not be a credit card, overdraft account or other type of loan account or source of borrowed funds.
10. The Spending Accounts may be a transaction/savings account(s) or credit card(s).
Grant of licence
11. Subject to the Terms and Conditions, We hereby grant to You a personal, non-transferable, non-sub-licensable and non-exclusive license solely to install, use and operate the App on a single mobile electronic device or smart phone device owned or controlled by You. Except as expressly set forth in the previous sentence, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the App, or any intellectual property rights therein or related thereto, and You may not use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any portion of the App without Our prior written permission.
12. The App is made available to You for Your own personal use. The App must not be used for any commercial purpose whatsoever nor may it be used for any illegal or unauthorised purpose.
13. The App is free to download but is only available for use on a paid monthly subscription basis, with automatic renewal as set up through Your Apple account. Your monthly subscription will be automatically renewed on monthly anniversary of the commencement date of your subscription. The monthly subscription fee will be withdrawn from Your nominated account as per your Apple account.
14. You can cancel Your subscription at any time. Your subscription will be cancelled with effect from the end of the period you have paid for. You can continue to use the App until the end of that period. This means that you will not receive any refund or credit of the subscription amount (or part thereof).
15. Further details regarding Our subscription model including pricing are available on Our website. We may change Our subscription model and pricing by providing at least on months’ notice.
16. All material contained on, in, or available through the App including all information, data, text, music, sound, button icons, photographs, graphics and videos, the lay out thereof, and all source code, data compilations and other information (“Data”) are owned or controlled by uStash and are protected by Australian and international copyright laws. All rights are reserved.
17. All logos and trademarks displayed on the App are registered trademarks or trademarks of uStash or are the marks, trade names, trade dress of their respective owners.
18. Depictions of products or services on the App are also trademarks of their respective owners and may be protected in Australia and internationally. No use of any trademarks may be used without the prior written authorisations of uStash.
General rules relating to conduct
19. By using the App, You agree to comply with all Applicable Laws and these Terms and Conditions. Without limitation, You agree:
(a) Not to use the App in any unlawful way or in a way that promotes illegal activity;
(b) You will not attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
(c) You will not change, adapt, translate, reverse engineer or otherwise attempt to derive the source code or structure of any part of the App;
20. You must keep Your password for the App confidential and not disclose it to anyone. Your password for the App must be unique and must not be a derivation of any other password you use. You must not keep Your password stored in any form which could allow another person to derive what it is. You must notify Us immediately if You suspect there has been any unauthorised use of Your account. You are liable for any use or misuse of Your username and password.
21. You must provide current and accurate information about Your identity and Yourself otherwise, the Destination Account, the Funding Account and the Spending Accounts.
Service Providers and Third Party Systems
22. The App uses third party service providers (Service Providers) to access details of spending transactions in Your Spending Accounts and to transfer the Round Ups from Your Funding Account to your Destination Account . In order to access these details, You will need to provide Your username and password for Your bank’s online banking facility to our Service Providers. Our Service Providers will store and use those details to log in to Your bank’s online banking facility. Those details will not be stored by Us – they will be stored by Our Service Providers.
23. You should be aware that providing any person (including Our Service Providers) with Your username and password for online banking may be a breach of Your bank’s terms and conditions. Consequences may include, but not be limited to, Your bank not being liable for any loss or damage suffered as a result of the use of Your online banking username and password.
24. You authorise Us and our Service Providers to access third party systems in order to provide services to You, including facilitating Your use of the App. In particular, You authorise Us and our Service Providers to use any usernames and passwords you have provided in order to access the online banking portals for your Funding Account, Destination Account and Spending Accounts, so that transactions on your Spending Accounts can be monitored, and funds transfers be effected to transfer Round Ups from your Funding Account to Your Destination Account. You appoint Us and Our Service Providers as Your duly authorised agent for those purposes.
Information and content
25. By using this App You agree that:
(a) any material or information submitted by You is either owned by You or You have been granted the right to reproduce the information as set forth in these Terms and Conditions;
(b) any material or information submitted by You does not infringe the intellectual property rights of others;
(c) You will not submit information about people who are not You and You will do Your best to not do anything to compromise the confidentiality of anyone else;
(d) You will contact uStash in the event You become aware of anything or anyone who may be acting in a way that might compromise another user’s confidentiality;
(e) Except for Your personal information including bank account details and usernames/passwords, any information, materials, ideas or suggestions You send to uStash will be deemed, and will remain, the sole property of uStash.
(f) By submitting material (except for Your personal information including bank account details and usernames/passwords) to or through the App, You grant uStash and Our partners, agents, affiliates and service providers (collectively, “Affiliates”), the non-exclusive right to reproduce, modify and distribute such material as uStash sees fit for any purpose in any form, media or technology now known or later developed;
26. uStash does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the App by You, other users of the App or of companies offering products or services in the App. Notwithstanding, uStash may in its discretion review information submitted to the App for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the App for any reason whatsoever.
27. uStash provides content for informational purposes only and does not warrant or represent that descriptions of services or other content contained on the App is complete, accurate, reliable, current or error-free.
28. uStash accepts no responsibility for the unavailability or reliability of the App or the content. This includes but is not limited to lack of internet availability, and updated content no longer being available on Your phone/device. Not all content may be available in all countries.
29. You indemnify Us and hold Us harmless against and from any and all claims, demands, rights, actions, suits, proceedings, verdicts, judgments, allegations, exertions and causes of action (including any claim for costs), whether present or future, fixed or unascertained, actual or contingent, in, arising out of, or in connection with, or in any way related to, whether directly or indirectly, a breach by You of clause 25.
30. You must not submit, upload to, distribute through or otherwise post through the App any material that:
(a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offence;
(b) contains any advertising, promotional, solicitation or other commercial material;
(c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material;
(d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
(f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
31. Neither You nor any other person may, without Our prior written permission, deep link to, frame, spider, harvest or scrape the App or any content, or otherwise access the App or any content, for any purposes, or use any machine, electronic, web-based or similar device to read or extract the App or any content by machine based or automated means.
32. You indemnify Us and hold Us harmless against and from any and all claims, demands, rights, actions, suits, proceedings, verdicts, judgments, allegations, exertions and causes of action (including any claim for costs), whether present or future, fixed or unascertained, actual or contingent, in, arising out of, or in connection with, or in any way related to, whether directly or indirectly, a breach by You of clause 30 or 31.
33. uStash reserves the right (but is not obligated) to do any or all of the following:
(a) record user content;
(b) investigate an allegation that user content or user registration information does not conform to the Terms and Conditions;
(c) remove user content or user registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the Terms and conditions;
(d) monitor, edit or disclose any user content or user registration information, and otherwise generally monitor Your use of the App; or
(e) edit or delete any user content or user registration information, regardless of whether such content violates any terms and conditions of this Agreement.
34. uStash will have no liability or responsibility to You or any other users of the App or any other person or entity for performance or non-performance of the aforementioned activities.
35. uStash may provide links to third party sites, or advertisements may appear in the App. uStash accepts no responsibility for advertisements contained in the App or any websites You may click on through links in the App. If You agree to purchase goods and/or services from any third party who advertises in the App, You do so at Your own risk. uStash accepts no responsibility for any third party web sites with links in the App. Links to or from a third party web site, whether provided by uStash or not, does not imply any affiliation between uStash and the site owner, or an endorsement of such third party sites. We may cancel any of these links or adverts at any time and without notice. If You have any queries or complaints in relation to in App adverts or in App links should be directed to the company advertising or directly to the third party site.
36. We may terminate this Agreement for any reason at any time without notice to You.
37. Further, and without derogating from the broad power provided by the preceding clause, We may also terminate this Agreement if You breach, or We reasonably suspect that You have breached or may breach, any of the Terms and Conditions.
38. We will have no liability or obligations to You in the event We terminate this Agreement.
39. You indemnify Us and hold Us harmless against and from any and all claims, demands, rights, actions, suits, proceedings, verdicts, judgments, allegations, exertions and causes of action (including any claim for costs), whether present or future, fixed or unascertained, actual or contingent, in, arising out of, or in connection with, or in any way related to, whether directly or indirectly, Your use of the App. This indemnity applies whether or not Your use of the App was in breach of these Terms and Conditions and whether or not You were negligent.
40. You acknowledge and accept that:
(a) The App is not intended as a replacement for financial advice from an licenced financial adviser. We do not provide financial advice. Prior to using the App, you consulted an appropriate financial adviser your savings or investment strategy. The financial adviser you consulted certified that you may use the App as part of your savings or investment strategy. You will only use the App within the limits of the savings or investment strategy the financial adviser certified you may undertake;
(b) You use the App at your risk. The information contained in the App is provided solely for informational purposes. It has not been tailored to your personal circumstances. You will be responsible for Your use of and reliance on the App and for all decisions or actions resulting from Your use of the App, including but not limited to, decisions regarding investing Your money.
(c) As the App is used for transferring money to an account with a financial institution, the Use of the App involves the risk of financial loss. You accept that risk and use the App completely at Your own risk.
(d) We have no obligations with respect to, and offer no advice in relation to:
(i) the appropriateness of You using the App as part of a savings or investment strategy;
(ii) the results (or lack of results) obtained by Your use of the App; and
(iii) any financial related matter arising in connection with Your use of the App.
(e) You must ensure that there will be sufficient funds in the Funding Account for all Round Ups to be debited. Your financial institution may charge You fees if You overdraw the Funding Account. We will not be liable for any such fees.
(f) We and the App do not provide financial or investment advice. The App is not a financial product nor does it provide You with the opportunity to purchase any financial products. The App merely assists You in facilitating a “savings” regime for You.
(g) We do not provide any advice, nor do We make any representations about, taxation, accounting, legal, financial or investment matters.
41. To the extent permitted by any Applicable Laws, the App and the information in the App are provided “as is” without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representation or warranty that the information contained on this app will be current, timely, complete, accurate or error free. We have not reviewed all the sites that may be linked to the App and do not endorse and are not responsible for the content of any off-app pages or any other sites linked to these sites. Your links to such sites are at Your own risk.
42. You release uStash and its directors, officers, employees, agents and related entities from any and all claims, demands, rights, actions, suits, proceedings, verdicts, judgments, allegations, exertions and causes of action (including any claim for costs), including without limitation a claim for negligence, whether present or future, fixed or unascertained, actual or contingent, in, arising out of, or in connection with, or in any way related to, whether directly or indirectly, Your use of the App. This release applies whether or not Your use of the App was in breach of these Terms and Conditions and whether or not You were negligent in such use.
Limitation of liability
43. Subject to any obligations under any Applicable Laws (including under the Australian Consumer Law, if applicable) that cannot be excluded, We are not liable to You in contract or in tort (including, without limitation, negligence) or otherwise arising out of, or in connection with, or relating to:
(a) the use of the App;
(b) any fact, matter or thing relating to the App; or
(c) any breach of these Terms and Conditions.
44. If any goods are supplied by Us to You as a ‘consumer’ within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation, You may have the benefit of certain non-excludable rights and remedies in respect of the goods and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the Australian Consumer Law as amended or relevant state legislation so applies, and the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation We limit Our liability for failure to comply with a guarantee to the lesser of the following:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(d) the payment of the cost of having the Goods repaired.
45. If any services are supplied by Us to You as a ‘consumer’ within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation, You may have the benefit of certain non-excludable rights and remedies in respect of the services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the Australian Consumer Law as amended or relevant state legislation so applies, and the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation We limit Our liability for failure to comply with a guarantee to the lesser of the following:
(a) the supplying of the services again;
(b) the payment of the cost of having the services supplied again;
47. You must not seek relief from a court or tribunal with respect to any dispute arising in connection with this Agreement (except for any application for urgent declaratory or injunctive relief) unless:
(a) You have first given Us written notice of the dispute; and
(b) You and Us have participated in an unsuccessful mediation conducted in Brisbane by a mediator appointed by agreement of the parties or, failing agreement within 7 days of receiving Your notice of the dispute, a person appointed by the Chair of Resolution Institute (ACN 008 651 232), or the Chair’s designated representative. The Resolution Institute Mediation Rules will apply to the mediation.
48. This Agreement and any disputes shall be governed by the laws in force in Queensland, Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
49. Nothing in these Terms or Conditions excludes Our liability to the extent that it cannot be excluded under any Applicable Laws.
50. These Terms may be amended from time to time. uStash reserves the right to update these Terms without notice to You. If We do so, the updated version will be effective immediately, and the current Terms are available through a link in the App.
51. These Terms (as amended from time to time) constitute the entire agreement between You and uStash concerning Your use of the App. You are responsible for reviewing these Terms each time You use the App so that You are aware of any changes to them and You will be bound by the new Terms and Conditions upon Your continued use of the App.
52. uStash’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by uStash in writing.
53. These standard terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the App.
54. If You consist of more than one entity, then each of those entities is jointly and severally liable.
55. Where possible, each provision of the Agreement shall be interpreted in a manner so as to be effective and valid under the proper law. If there is any such provision or the application of any such provision would be prohibited by or would be made invalid under the proper law, that provision shall be ineffective to the extent of the prohibition, without invalidating the remainder of the provision or the remaining provisions of the Agreement or the application of those provisions to You.
56. We will not be liable for any failure or delay in relation to the App where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside Our reasonable control including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
57. A failure or omission by Us at any time to enforce or require strict or timely compliance with any provision of the Terms and Conditions shall not affect or impair that provision in any way or the rights of Us to avail ourselves of the remedies We may have in respect of any breach of such provision.
58. These Terms and Conditions shall be binding on the parties and their executors, administrators and assigns.
59. These Terms and Conditions are not to be construed adversely against Us because We were responsible for their preparation.
60. We may assign this Agreement to a third party without Your consent.
61. You consent to receiving all communication, information and documents from Us by electronic means including by email, through Our Website or through the App.