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Terms of Service

Welcome to Fu’s Website and App.

Firstly, a few important points to be aware of:

Approval Criteria:

Applications:

You will be required to provide the following information throughout your application journey:

Fu Bills

When selecting to utilise the Fu bills feature:

We exclude liability for, and you indemnify us for, on time bill payment if you provide us with inaccurate information in connection with payment of a bill, Merchant or Third Party Supplier.

Fu Cash

When selecting to utilise the Fu cash feature:

1. Terms and Conditions

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and GetFu Holdings Pty Ltd ACN 628 317 377 (‘Fu’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Fu Products.

1.2 Policies incorporated into this Agreement

Before you create an account with us or use any of our Products, you should read this Agreement, as well as Fu’s Privacy Policy and any other policy found on the Website, which are incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

1.3 Changes to this Agreement

(a) Fu may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Fu Account in accordance with clause 3.4.

(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.

2. Our relationship

2.1 About us

(a) Our Products allow you to (i) pay a Merchant’s bill, (ii) borrow small amounts of cash (under $200) and (iii) buy Third Party Goods and Services from Third Party Suppliers available through our Website and App.

(b) By placing an Order with a Merchant and using our Products, you provide us with unconditional and irrevocable consent and direction to pay (or procure an Fu Affiliate to pay) the Merchant on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Merchant) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, as set out in clause 4.

(c) By placing an Order through our Website or App for Third Party Goods and Services, you agree to repay or pay to us in accordance with this Agreement the agreed amounts (which may include any applicable taxes or duties or other related amounts charged by the Third Party Supplier) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees if you miss a repayment to us on or before the scheduled date as set out in clause 4.

(d) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Merchants paid for with our Products. We cannot ensure that a Merchant you are dealing with will complete the transaction.

(e) You acknowledge that we act as agent for Third Party Suppliers when we process Orders for Third Party Goods and Services through our Website and App. Delivery, fulfilment and customer support for the Third Party Goods and Services will be provided by the Third Party Supplier. You agree to be bound by the terms and conditions of the Third Party Supplier identified to you at the time of purchase. Please review all applicable Third Party Supplier terms and conditions prior to placing your Order for any Third Party Goods.

2.2 Your Consumer Rights

As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:

(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and

(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose. Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

2.3 No warranty

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or Third Party Goods and Services, or of the content on our Website and App.

(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.

(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.

2.4 Your eligibility

(a) To be eligible to use our Products you must: (i) be an individual who is at least 18 years old; (ii) be capable of entering into a legally binding contract; (iii) have a valid and verifiable email address and Australian mobile telephone number; (iv) provide a valid delivery address in Australia; (v) have access to a Payment Method, for example by being the holder of a Card; and (vi) in connection with your use of your Fu Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Fu Account. (b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

2.5 Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld. (b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.

3. Your Fu Account

3.1 Creating your Fu Account

(a) We will create your Fu Account when you place your first Order with any of our Merchants or for Third Party Goods and Services available through our Website and App. You may also create your Fu Account by visiting the Fu Website or App.

(b) Once your Fu Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Fu Account, using your secure password, through our Website or App.

(c) You are responsible for maintaining the security of your Fu Account details. We will not take responsibility for unauthorised access and use of your Fu Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) You acknowledge and agree that if a person places an Order by using your Fu Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:

(i) we are or at any time become aware of that or the use of your Fu Account not being authorised by you;

(ii) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person, a Merchant or a Third Party Supplier; or

(iii) any rights or claims that we, a Merchant or a Third Party Supplier may have against that person. Except to the extent any use of your Fu Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement.

3.2 Your obligations to us as a holder of an Fu Account

By holding a Fu Account with us, you agree that you must:

(a) Pay any applicable Fees associated with your use of our Products and your Fu Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Fu Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Fu Account via our Website or App;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Fu Account, our Products or Third Party Goods and Services for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Fu Account;

(g) Be aware of and pay any taxes that may apply to your use of our Products;

(h) Not permit others to use your Fu Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Websites;

(j) Immediately contact us if you believe that your Fu Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Merchants or Third Party Suppliers;

(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one Fu Account.

3.3 Closing your Fu Account

(a) You may request to close your Fu Account by contacting us directly. You may only request to close your Fu Account if:

(i) all amounts owing to us by you (including any Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) You may not close your Fu Account to evade investigations of any nature.

(c) We may close your Fu Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Fees).

(d) Except as otherwise stated, this Agreement will be terminated once your Fu Account is closed. However, you will remain liable for all outstanding obligations related to the Fu Account even after it has been closed.

(e) We may immediately limit your access to our Products or suspend or close your Fu Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d);

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Fu Account or our Products in breach of this Agreement); or

(iv) we otherwise reasonably consider the activity associated with the Fu Account to be suspicious.

(f) We will use our best efforts to provide written notice to you before closing your Fu Account, in the circumstances described in clause 3.3(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Fu Account in accordance with clause 3.3(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Fu.

(g) Despite clause 5(f), where your Fu Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until the earlier of:

(i) the date on which all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order or such later date we have agreed with a Merchant or Third Party Supplier where required based on the nature of the goods or services purchased by you. After that time, the Merchant or Third Party Supplier will be solely responsible for processing all product returns and associated refunds.

4. Orders, payments and billing

4.1 Order Confirmation and Payment Schedule

(a) All Orders which you place with Fu are subject to approval by Fu, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by Fu; or

(v) we otherwise reasonably consider the Order to be suspicious.

(b) If we cancel an approved Order:(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Fu in relation to a payment for the approved Order, that payment will not be refunded by Fu. Any return of funds in that event will be as between you and your issuing bank. The Merchant or Third Party Supplier (as applicable) will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;

(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and

(iii) if you wish to proceed with the purchase from the Merchant, the Merchant may accept an alternative payment method in its discretion, or if required to do so by law.

(c) Once we approve your Order, you will receive an email or message from us with confirmation of receipt of your Order and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments or adjust your Payment Schedule by agreement with Fu through your Fu Account, otherwise Fu will automatically process payments in accordance with the Payment Schedule. You authorise Fu to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Fu reserves the right to re-attempt to process the payment at a later time or date.

(e) Throughout the application process, Fu will provide a recommended repayment timeline which will provide a default of either 1,2 or 3 repayments centralised around a members cashflow. The dates recommended are centralised around your detected income and paycycle frequency. Throughout the application process and thereafter, you can add/edit or remove payments with complete flexibility to modify payments to suit your cash flow.

Payment dates and amounts can be modified throughout the repayment timeline via navigating into the SmartSpending dashboard, selecting the transaction and editing payments. Payments cannot be edited:

4.2 Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated bank account (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Fu Account is being created.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Fu to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.

(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

(d) If an Automatic Payment fails, Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:(i) Debiting your Nominated Payment Source at a later time or date;

(ii) Debiting your nominated bank account which you have provided details of;

(iii) Offsetting the payment amount against any amounts we may owe to you; or

(iv) Any other legal means.

(e) By accepting Fu’s terms and the split payments DDRSA, a member authorises Fu to collect funds owing via a direct-debit authorisation. Fu will collect funds owing including any fees on the nominated payment date selected by you.

(f) Fu will make best endeavours to avoid any dishonour fees from your bank charged for insufficient funds by performing a balance check on your account prior to direct debit processing. However, in the event that Fu attempts to collect funds from you and there is a dishonour fee associated with the transaction due to insufficient funds, you are liable for this fee.

(g) Once a collection has been processed from your account, the associated transaction will be marked as paid in the app and a receipt will be generated once funds have cleared into Fu’s account.

(h) In the event that Fu cannot collect funds owing to us by you either due to a pre collection balance check identifying insufficient funds or a direct debit collection failing, the following will occur:

(i) Closing of account/ removing bank account:
If you do not have outstanding funds owing to Fu, you may request to delete your account and unlink your bank accounts by getting in touch with us at hello@getfu.com.au In order to deactivate an account and remove an associated repayment banklink, you must pay any owing funds in full. This can be initiated through the app (settings) for through getting in touch with our team.

4.3 Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Fees will apply on each payment that is due but not received.

(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Fee. If Fees are incurred as a result of Fu’s error, please let us know, and we will waive or refund such fees, as relevant.

4.4 Fees

(a) Charges or Fees, if any, payable by you for the use of our Products or your Fu Account will be set out in Schedule 1 to this Agreement.

4.5 Interest

(a) No interest charges are payable by you for the use of our Products.

4.6 No set off

Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

4.8 Higher Upfront payment

Where the Original Order Value exceeds your approved spending limit with Fu, you may be offered the option to pay a Partial Order Value.

If this section applies to you. For the avoidance of doubt, Your obligations with respect to Your Payment Schedule (regardless of the applicability of this section) shall continue to apply in accordance with this Agreement, including your obligations under clause 4.2.

5. Refunds

(a) If you decide to return goods to a Merchant or Third Party Supplier (as applicable), which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Merchant or Third Party Supplier or permitted by law, you will directly arrange the return with the Merchant or Third Party Supplier, ensuring that the goods are returned according to the Merchant’s or Third Party Supplier’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Merchant or Third Party Supplier if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Merchant’s or Third Party Supplier’s returns policy or as otherwise permitted by the Merchant or Third Party Supplier.

(c) Unless we are notified by a Merchant or Third Party Supplier that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.

(d) Until such time that the Merchant or Third Party Supplier has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Merchant or Third Party Supplier has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.

(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Merchant will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with a Merchant or Third Party Supplier where required based on the nature of the goods or services purchased by you.

6. Assessment and checks

6.1 Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.

6.2 Repayment capability and identity checks

(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).

(b) You agree to provide any information or documentation reasonably requested by Fu, a Merchant or a Third Party Supplier to verify your identity in connection with your Fu Account or Orders.

(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Fu Orders. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.

(d) All information that Fu collects about you or the recipient you nominate for the Third Party Goods and Services, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Fu Privacy Policy.

(e) You authorise Fu (or any third parties providing services on behalf of Fu) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Fu Account. In addition, you acknowledge that Fu reserves the right to report any negative activity on your Fu Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.

7. Our Intellectual Property

(a) Our Website and App and all content on our Website and App are the exclusive property of Fu. The information on our Website and App is for information purposes only and is subject to change without notice.

(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or App or in our printed media.

8. Complaints and disputes

8.1 Disputes between you and a Merchant

(a) If you have a dispute with a Merchant or Third Party Supplier (as applicable), you should file a dispute through direct contact with the Merchant or Third Party Supplier.

(b) Whilst Fu will endeavour to facilitate communication between you and the Merchant or Third Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Merchants or Third Party Suppliers will not affect Fu’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

8.2 Disputes between you and us

(a) We aim to:

(i) Acknowledge receipt of all complaints within 5 business days; and

(ii) Resolve all complaints within 28 days.

(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.

(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

(d) Where we cannot resolve a dispute within 28 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.

9. Notices and Communications

9.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Fu Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Fu Account; or

(ii) sending it to you via other electronic methods of communication using contact details listed on your Fu Account (including text messages).

(d) Where a notice is served personally, service of the notice is taken to be affected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.

(e) You consent to us using the contact details you have provided to us to:

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or

(ii) contact you in relation to your Fu Account, our Products and/or any Third Party Goods you have purchased.

(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Fu’s own protection. Fu does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

9.2 How you can communicate with us

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by email to:

10. General

10.1 System Outages

(a) Access to our Products or our Websites may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

(b) To the extent permitted by law, and subject to clause 2.2, Fu will not be liable for any loss or damage which you may incur as a result of our Products or our Website and App being unavailable.

10.2 Governing Law and Jurisdiction

(a) This Agreement is governed by the law in force in Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland, Australia.

10.3 Limitation of Liability

(a) To the full extent permitted by law, and subject to clause 2.2:

(i) Fu’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Fees;

(ii) Except for claims arising in respect of clause 10.5, your liability for all claims arising under or related in any way to this Agreement no matter how arising (including the indemnity in clause 10.4), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Fees; and

(ii) Neither party (including in relation to Fu, its related bodies corporate, or any third party providing services on behalf of Fu), will be liable for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.

(b) Fu and its related bodies corporate, or any third party providing services on behalf of Fu, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Merchant or a Third Party Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.3(a) above). You acknowledge that any consumer-related claims you may have in respect of the goods or services purchased from a Merchant or Third Party Supplier will be a matter between you and the Merchant or Third Party Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Merchant or Third Party Supplier.

(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.

(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.

10.4 Indemnification

(a) You are responsible to Fu and any related companies of Fu to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. (b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Fu, its contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.

10.5 Breach relating to misuse of the Products

(a) You acknowledge that it is imperative that Fu be able to rely on:

(i) the information you provide to us;

(ii) the identity that you use; and

(iii) that your use of your Fu Account and our Products be for the intended purpose.

(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Fu and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Fu or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.

(c) If Fu reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Fu Account and our Products, you agree, on request from Fu, to provide Fu with copies of all documents, notes or communications in relation to such alleged breach.

(d) This clause 10.5 survives termination of this Agreement.

ACCOUNT INFORMATION FROM THIRD PARTY SITES

Within Fu, You may direct us to receive your own information maintained online by third-party financial institutions which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”), or contained in your email, or via other methods (for example, uploading documentation). Fu works with one or more online financial services to access this Account Information. The protection of your information is subject to strict security and privacy practices, as detailed in the Fu Privacy Policy. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites.

We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

For example, when using Fu, Account Information via third party services is only up-to-date as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, we cannot assume any responsibility, nor bear any indemnity in respect of information used for Fu that is in any way untimely or out of date. You can minimise the risk of untimely data by refreshing your Account Information through Fu, according to instructions detailed via the Fu Website or the App.

Some parts of Fu are supported by sponsored links from advertisers and display offers that may be custom-matched to you based on information you have stored in Fu, queries made through Fu or other information. We will always disclose when an offer is sponsored. Such information is provided by Fu ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by Fu. We do not guarantee nor represent that offers (or any other third-party products or services advertised on or linked from our site) are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party sponsor.

All third party products and/or services including names, services, company names and logos mentioned on the Website or the App are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.

If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, or survey, you may contact us at hello@getfu.com.au.

We will do our best to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the merchant, business or advertiser directly.

You use any recommendations within Fu at your own risk and should consult your financial advisors prior to entering into any products recommended. Fu does not provide financial advice, but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.

We will store and maintain your bank account details securely and in accordance with Fu’s Privacy Policy.

Limits on your right to receive payment for a Cashback reward

We will not hold any amounts representing payments we may be required to make to you in respect of your redemption of rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we do not hold any such amounts in trust. Until we have an obligation to make payment to you under the Terms, you have no entitlement to receive any funds from us and cannot make any claim against our assets.

In the event that we become insolvent, you will not be able to recover any outstanding amount that we owe, but have not paid, to you in priority to any of our other creditors. There may be other creditors whose debts will take priority over yours. You may not recover the full amount we owe to you and there is a risk that you will not be able to recover any of the unpaid amount.

Competitions

From time to time we may run competitions and promotions for members. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with the Terms.

YOUR REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access Fu. That Login ID and password, together with any other information you provide at signup form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via hello@getfu.com.au.

YOUR USE OF Fu

Your right to access and use Fu is personal to you and is not transferable by you to any other person or entity. You must access and use Fu, the Website and the App for lawful purposes and in accordance with these Terms.

Accurate records enable us to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for Fu to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of Fu to you will be affected.

Your access and use of Fu may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Fu or other actions that we elect to take.

You also agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of Fu, other products or services, advertising or marketing materials. You grant Fu a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

We reserve the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.

If you breach any provision of these Terms, we reserve the right to suspend or terminate your use of Fu or Fu Rewards with respect to you, and commence proceedings against you for damages or expenses arising directly or indirectly out of your actions.

We are under no obligation to monitor any person’s use of Fu, however we reserve the right to monitor any aspect of Fu and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the App and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF Fu WITH OTHER DEVICES

Use of Fu may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

TO THE EXTENT PERMITTED BY LAW, Fu MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO Fu AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH Fu.

ONLINE, EMAIL AND MOBILE ALERTS

We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Fu account, such as a change in your Registration Information.

These alerts provide you with alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your Fu account settings.

Electronic alerts will be sent to the email address you have provided as your primary email address for Fu. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.

Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your Fu Login ID and transaction and other information about your accounts, depending upon which alerts you select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the Website or the App, you are licensing that content to us solely for the purpose of benefits provided to you by through use of Fu. We may use and store the content, but only to provide these benefits to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.

By using Fu, you expressly authorise us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of Fu, you will be directly connected to the website for the third party you have identified.

Fu will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit us to use and store information submitted by you to Fu (such as account passwords and usernames) to accomplish the foregoing and to configure Fu so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Account Information to you as part of Fu, you grant Fu a limited power of attorney, and appoint Fu as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Fu IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Fu IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that Fu is not sponsored or endorsed by any third parties accessible through Fu.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Website, the App and sent to you via email (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics) (“Intellectual Property”) belongs to us or its licensors, advertisers or affiliates.

We retain all right, title, and interest in and to the Website, the App and all related content and Intellectual Property, and nothing you do on or in relation to the Website, the App or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or the App.

You may view content or print a copy of material on the Website or the App for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of Fu belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Website and the App subject to these Terms. You may download or print a copy of information provided on Website or the App for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Fu in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE WEBSITE AND THE APP

You agree that you will not:

Furthermore, we do not warrant that functions contained in the Website and App, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that we or our hosting server, are free of viruses or bugs.

TERMINATION AND CANCELLATION

Cancellation by us

We reserve the right to cancel your Fu account, and terminate your use of Fu Rewards at any time, without cause or reason by giving you 30 days’ notice via email to the email address we have recorded for you.

In addition, we may cancel your Fu account, and terminate your use of Fu Rewards, immediately without notice, if you:

Cancellation and rewards expiry for non-use (inactive Fu accounts)

We reserve the right to cancel your membership and your Fu account, and terminate your use of Fu Rewards, with 7 days’ notice, if your Fu account becomes inactive under the Terms.

All Fu Rewards (whether pending or confirmed or accrued or not) held in an inactive Fu account will expire at midnight (Sydney, Australia, time) on the date that the account becomes Inactive (the “expiry date”). Subject to the Terms, expiry of rewards will not itself result in closure of a Fu account but the applicable rewards will be immediately and irreversibly cancelled and will not be available to the User. We will use reasonable endeavours to provide you with prior written notification of the date on which your rewards will expire (if your Fu account becomes inactive).

Rewards cannot be re-credited once they have expired. Any activity on your Fu account after the expiry date will not apply to any rewards previously expired under the Terms.

Cancellation is final

If your Fu account is cancelled for any reason, the cancellation is final and your Fu account cannot be re-activated.

Forfeit of rewards

If your Fu account is cancelled for any reason, you will forfeit all of your rewards and all outstanding redemption payments (including any rewards held in your Fu account or accrued by you, any Cashback or other pending payments, and any other rewards or payments that you would otherwise have been entitled to receive). Any such rewards and payments will remain our property and are immediately and irreversibly forfeited (and we will have no further obligation to make any payment to you).

CONTENT OF THE WEBSITE AND THE APP

Whilst we make every effort to ensure information or content published on the Website or the App by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.

Any dated information or content published by us on the Website or the App is current at the time of publication, and we are not obliged to update or amend any such information or content.

SOCIAL MEDIA CONNECTIONS

Fu may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the respective terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content as Fu bears no obligations in respect of such information posted on such websites.

USAGE LIMITATIONS

Use of Fu may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against Fu’s programming interface. Any such limitations will be specified within Fu.

TAXATION

You acknowledge and agree that you alone are liable for any and all taxation implications relating to your use of Fu or you obtaining rewards through Fu Rewards, and you alone will be liable for having any such tax liability assessed and paid.

We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications related to your use of Fu or you obtaining rewards through Fu Rewards.

Upon demand, you will indemnify and keep indemnified us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents (collectively, “those indemnified”) against all liability for fringe benefits tax or other taxes (or their collection) incurred by those indemnified and arising from your use of Fu or you obtaining rewards through Fu Rewards.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as Fu is not intended for children under 13. If you are under 13 years of age, then please do not use Fu.

We provide these Terms upon sign-up so that you know what terms apply to your use of Fu. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

We may assign or novate or transfer in whole or part any of our rights or obligations under the Terms without your prior written consent (and if we do so we will provide notice on the Website or on the App). The agreement set out in the Terms is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under the Terms without our prior written consent.

GENERAL

These Terms, together with the Fu Privacy Policy and any other documents and legal notices published by us on the Website or the App, shall constitute the entire agreement between you and us concerning Fu. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and Fu agree that any cause of action arising out of or related to Fu must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms constitute the an agreement between us and you in relation to the Website and the App and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the App. The provisions of these Terms which by their nature survive termination or expiry of these Terms, will survive cancellation of your registration or termination of your Fu account. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

DEFINITIONS

Fu, we, us or our means GetFu Holdings Pty Ltd, and can include an Fu Affiliate where applicable.

Fu Account means an account that Fu creates to uniquely identify you and to enable you to use our Products.

Fu Affiliate means a related body corporate or related entity of Fu, including one in another jurisdiction.

Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.

Card means any Australian debit or credit card, excluding Gift Cards and other pre-paid cards.

Consequential Loss means any loss, damage or costs incurred that is:

(i) indirect or consequential; and

(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Fu directly in respect of this Agreement.

Consumer Rights has the meaning given in clause 2.2.

Fees means any fees charged by us, as described in this Agreement.

Nominated Payment Source has the meaning given in clause 4.2(a).

Order means a request submitted by you to us, to borrow a small amount of cash or use a Fu Product to pay for goods or services offered by a Merchant or to pay for Third Party Goods and Services available through our Websites.

Original Order Value means the total cost of your Order displayed to you by Fu in the Fu payment window (before any refunds may be applied).

Payment Method means any payment method accepted by Fu from time to time.

Payment Schedule means, in relation to an Order, a list of payment amounts that Fu is entitled to receive from you, and the relevant due dates of each payment. For the avoidance of doubt, you may establish and move payments date by agreement with Fu in connection with an Order.

Products mean the payment products and associated services offered by Fu from time to time.

Merchant means an online or in-store merchant with which Fu or an Fu Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.

Third Party Goods and Services means goods or services supplied by a Third Party Supplier that may be purchased through our Website and App using the Products.

Third Party Supplier means our third party supplier of goods and services available through our Websites.

Website and App means getfu.com.au and any other website operated by Fu and the Fu App.

You (or Your) means the person identified when an Fu Account is created. If:

(a) such person does not exist, or

(b) the name or details are used by someone who is not in fact that person, or

(c) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.

“Confidential Information” includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including us but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Data” means any data inputted by you or with your authority into the Website or the App, or data acquired via your authorisation (including your transaction information).

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“User” means the registered user for Fu, and, where the context permits, includes any entity on whose behalf that person registers to use Fu.

the word “person” includes an individual, a firm, a corporation, an unincorporated association, government, state or agency of state, association, partnership or joint venture.

all references to dollars or $ or cash are to Australian dollars.

‘including’, ‘such as’ and similar expressions are not words of limitation.

“related body corporate” and “related entity” have the same meaning as under the Corporations Act 2001 (Cth).

SCHEDULE 1

Fees:

Fu Bills

Transaction Amount Fu Fee Max Transactional Charges Total Max Fees
$50.00-$74.99 $1.56 $0.94 $2.50
$75.00-$99.99 $1.87 $1.88 $3.75
$100.00-$149.99 $2.18 $2.82 $5.00
$150.00-$199.99 $4.68 $2.82 $7.50
$200.00 $7.18 $2.82 $10.00

Fu Cash

Transaction Amount Fu Fee Max Transactional Charges Total Max Fees
$50 $0.96 $1.54 $2.50
$100 $2.52 $2.48 $5.00
$150 $4.08 $3.42 $7.50
$200 $6.58 $3.42 $10.00


We oncharge transactional fees which are determined by the number of repayments selected by you in your Repayment Schedule.