This is the terms of use of Wisr Limited ACN 004 661 205, Wisr Finance Pty Limited ACN 119 503 221 Australian Credit Licence and Australian Financial Service Licence No. 458572, Wisr Services Pty Limited ACN 616 806 949 and their related businesses Wisr, we, us and our.
Your use of, or access to this website the Website, our mobile applications including the Wisr App and Wisr Today App both of which are available on the Google Play™ and Apple™ App Store, and are collectively referred to as ‘the App’ within this document unless otherwise specified and our other products and services is conditional upon your acceptance and compliance with the terms, conditions and disclaimers Terms of Use contained within this document and elsewhere on the Website or the App.
For that reason, these Terms of Use are important and you should ensure that you read them carefully and contact us with any questions before you use the Website or the App. You can contact us on 1300 992 007 or at contact@wisr.com.au.
By using the Website or the App, you acknowledge and agree that you have had sufficient chance to read and understand the Terms of Use and you agree to be bound by them. If you do not agree to the Terms of Use, please do not use the Website or the App.
We have the right, at our sole discretion, to unilaterally modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use will be posted on the Website and the App, and will take effect immediately. If you do not accept such amendments to these Terms of Use you should not continue to use the Website or the App.
Your use of the website or App
We grant you a non-exclusive, worldwide, non-transferable licence to use the Website and the App in accordance with the terms and conditions set out in these Terms of Use.
You may access and use the Website and the App including any incidental copying that occurs as part of that use in the normal manner and may also print one copy of any page within the Website and the App for your own personal, non-commercial use.
You must not add any content to the Website and the App:
a unless you hold all necessary rights, licences and consents to do so;
b that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d that would bring us, the Website or the App, into disrepute; or
e that infringes the intellectual property or other rights of any person.
You acknowledge and agree that:
a we retain complete editorial control over the Website and the App and may alter, amend or cease the operation of the Website and/ or the App at any time in our sole discretion; and
b the Website and/ or the App will not operate on a continuous basis, and may be unavailable from time to time including for maintenance purposes.
The Wisr Today App
General
a This clause 2 sets out how we provide the Wisr Today App to you. The Wisr Today App is a psychology-led money coaching app. The App applies psychology to provide teachings on user’s spending habits, money mindset, and financial wellbeing. Wisr Today optionally allows a user to log savings and automatically transfer those logged savings to that users own designated bank account. We may also tell you about products or promotions from our connected network of product providers.
b The Wisr Today App is a general advice service only and does not suggest nor recommend any particular product or provider that is appropriate and specific to your needs. We only provide information for you to decide whether you want to explore further and consider any product or service for your own needs and circumstances. You must make your own further inquiries to ascertain the suitability of a product to your needs. We recommend that you take independent financial or legal advice before applying for any product.
Registration and access to the Wisr Today App
c When you register for your Wisr Today App, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy and Credit Reporting Policy.
d When you register and activate your account, you will choose a login in the form of a valid email address and password Login Details.
e You must always act with care and protect the security of your Login Details. Memorise your Login Details, and destroy any correspondence notifying you of them.
f You must do everything necessary to ensure that your Login Details are not misused, lost or stolen. If any of these are misused, lost or stolen, you must tell us as soon as possible. If you breach any term in these Terms of Use, you may be held liable for any unauthorised transactions.
g You must not:
a. voluntarily disclose to anyone including family or friends your Login Details;
b. record any Login Details on a device such as a smartphone that could be used to perform a transaction, or anything carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the Login Details; or
c. keep a written record of all or any of the Login Details required to perform a transaction on one or more things which are likely to be lost or stolen at the same time as the Login Details, without making a reasonable attempt to protect the security of the Login Details.
h When choosing your Login Details, you must not select numbers or words which represent your date of birth, your name, or any other combination of numbers or letters which can be readily identified with you.
i You should take appropriate steps to ensure any device you use to access the Wisr Today App is protected against viruses and unauthorised access.
j We recommend you logout of the Wisr Today App when you are not using it.
k You should contact us about any problems or questions relating to the Login Details.
l We may cancel or suspend your Login Details at any time without notice if we reasonably believe its use may result in loss to you or to us.
m You may only access the Wisr Today App through the mobile application itself Access Methods – that is, there is no computer/ desktop access to the Wisr Today App.
n We may tell you how to use the Access Methods from time to time.
Fees
o We will charge a subscription fee for your access to and use of the Wisr Today App. This fee is set out on our website and may be updated from time to time. To view the current subscription fees, please view your subscription via the Google Play or Apple App Store, or contact us.
Electronic Funds Transfers
p When you add accounts from financial institutions to the Wisr Today App, we will act as your agent to initiate on your instruction electronic funds transfers between your linked accounts only Electronic Funds Transfers. This facility to make Electronic Funds Transfers is not subject to any expiry date, though is subject to dollar value limits on transactions made through the Wisr Today App.
q Electronic Funds Transfers can only be made from and between the accounts that you have linked to the Wisr Today App. Accordingly, it is not possible for mistaken payments to be made because the only payer and payee associated with any Electronic Funds Transfers through the Wisr Today App is you.
Our Liability
r Subject to any warranties implied by law that cannot be excluded, we are not responsible for, or liable for, any loss, damage, or interruption arising out of:
a. errors, inaccuracies, omissions, interruptions, viruses or defects where you were aware, or should have been aware, that the Wisr Today App or any system or related equipment was malfunctioning, other than the refund of any charges or fees imposed on you as a result of the Wisr Today App being unavailable or malfunctioning;
b. reliance on information obtained through use of the Wisr Today App; or
c. failure of the Wisr Today App to perform a function in whole or in part.
s If an error, inaccuracy or omission occurs and you advise us in writing, we will endeavour to correct the problem within three business days of notification. If we cannot, we will inform you when we expect to complete the correction.
t Your access to Wisr Today App may be automatically denied after unsuccessful attempts to enter the relevant Login Details. If this happens, you must contact us to obtain access to the Wisr Today App.
When you are not liable for losses – Electronic Funds Transfers
u If Electronic Funds Transfers not authorised by you are processed through the Wisr Today App, you must inform us as soon as you become aware of these. You will not be liable for unauthorised transactions:
a. if it is clear that you have not contributed to the loss, or for transactions that you could not have known about;
b. when they are caused by the same transaction being incorrectly debited more than once to the same account;
c. which took place before you received any relevant access code;
d. that are caused by the fraudulent or negligent conduct of our employees or agents, a third party supplier company involved in our networking arrangements or by merchants, or their employees or agents;
e. which relate to an access code which is forged, faulty, expired or cancelled; or
f. that occur after you inform us that your access code has been lost or stolen or the security of the access code has been breached.
v To the extent permitted by law, we are not liable to you or any other person for any loss or damage which you or any other person may suffer as a result of using the Login Details or any delay, omission or failure in respect of any Electronic Funds Transfer.
Complaints about the Wisr Today App
w If you have any complaints about the Wisr Today App, you may contact our complaints officer on 1800 340 008 or by email to contact@wisr.com.au.
We will acknowledge your complaint within seven days and aim to resolve the complaint as quickly as possible. We will provide you with a decision on your complaint within 30 days.
If you are not satisfied with the response of our complaints officer, you may make a complaint to the AFCA scheme, which can be contacted by phone on 1800 931 678, by email at info@afca.org.au, or in writing to GPO Box 3, Melbourne VIC 3001.
Intellectual Property Rights
The Website, the App, and all content contained on the Website and the App except third party content Wisr content is owned and operated by us and we hold copyright over the Website, the App and Wisr content unless indicated otherwise.
You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of our third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any of our content, website or the App without obtaining prior written permission from us or the relevant third party licensor, or exploit such contents for commercial benefit. Nothing in this Terms of Use constitutes a transfer of any intellectual property rights.
By posting or adding any content onto the Website or the App, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way including, without limitation, by reproducing, changing, and communicating the content to the public and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms of Use.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section of the Terms of Use.
All rights not expressly granted are reserved by Wisr.
General advice warning
The Website and the App contain general information about our products and services and various financial products generally; however, unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract, and does not form part of the terms and conditions for our products and services.
While all reasonable efforts have been made to ensure that the information contained in the Website and the App is accurate and up to date, it is not intended as, nor is it a substitute for, personal financial advice. The information provided does not take into account any of your particular financial objectives, situation or needs. You should not act on the basis of any information contained on the Website or the App without seeking appropriate financial personal advice where you consider it necessary or appropriate to do so.
Reliance on Content
While we have made every effort to ensure that the information and content presented in the Website and the App is free from errors or omissions and is based on information obtained from sources which are considered reliable, we, and our directors, employees and consultants do not represent, warrant or guarantee, expressly or implied, that the information and content contained in the Website and the App is complete, accurate or is suitable for your intended use. Nor do we accept any responsibility to inform you of any matter that subsequently comes to our notice, which may affect any of the information and content contained in the Website and the App. No liability will be accepted by us to any person for loss or damages incurred as a result of any reliance or action taken regarding the information and content made available in the Website or the App, except where such losses or damages arise out of our neglect or fraud.
Modifications and Usage
We reserve the right to modify, discontinue or disable all or part of the Website or the App on a permanent or temporary basis at any time. While we will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.
By using the Website or the App, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
You must not use the Website or the App:
a to collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
b for any unlawful purpose.
You must not violate or attempt to violate the security of the Website or the App. You must not hack into the Website or the App, our computer systems or the computer systems of other users of the Website/ App. "Hacking" means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or the Website or the App.
Network Integrity
You expressly understand and agree that your use of the Website and the App is at your sole risk and that the Website and the App is provided on an "as is" and "as available" basis. This means that we do not guarantee:
a continuous, uninterrupted or secure access to the Website or the App;
b that the servers, files or attachments are free of computer viruses, bugs or other harmful components; or
c that defects will be corrected.
As a result, you may at times experience disruption or other difficulties in using the Website or the App. You should consider the potential for disruption or other difficulties in planning your use of the Website or the App and ensure you have precautions in place to protect against viral infection.
To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages associated with your use of the Website or the App.
Usernames and passwords
You are responsible for the security of your usernames and passwords or other log-in information used on the Website or the App and you take responsibility to ensure the confidentiality of this information. Please notify us immediately if there is any unauthorised use of your account by any other internet user or any other breach of security.
Linked Third Party Websites
The Website and the App may contain links to third party websites where content is not controlled by us Linked Websites. The appearance of a link to a Linked Website does not imply our endorsement, review, or approval or acceptance of any responsibility in relation to the third party operators of Linked Websites or the information and material on Linked Websites, nor the products or services offered.
To the extent permitted by law, we and our directors, officers and agents disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with the Linked Website or the third party, whether that loss or damage is caused by any fault or negligence on the part of us, our directors, officers, employees and agents.
Privacy
Any personal information collected by us, or otherwise collected by or on behalf of us, will be dealt with in accordance with our Privacy and Credit Reporting Policy and Credit Guide and the Privacy Policy of our service providers.
Credit Scores Check service and Rate Estimate
By using our Credit Scores Check service or obtaining a Rate Estimate on the Website, you also acknowledge that you are appointing and authorising Wisr Services Pty Ltd Wisr Services to act as your Access Seeker for the purposes of the Privacy Act 1988 Cth to obtain your credit scores and if applicable your credit history from the following Credit Reporting Bodies:
● Equifax Pty Limited Equifax
● Experian Australia Credit Services Pty Ltd Experian
● illion Australia Pty Limited illion
By using our Credit Scores Check service you also consent and authorise:
a Wisr Services to periodically collect, use, disclose, transfer or otherwise handle the information within your credit scores and if applicable your credit history;
b Equifax and Experian to:
i collect and use the Personal Information Wisr Services collects from you when requesting for your credit score and if applicable your credit history;
ii use, disclose, transfer, store or otherwise handle your Personal Information for use within Equifax’s and Experian’s credit files and storage;
iii generate your Equifax and/or Experian credit scores and if applicable credit history and to deliver your Equifax and/or Experian credit scores and if applicable credit history to Wisr Services so that we may provide this to you through the Website.
You also acknowledge that:
a Wisr Services will be using your access rights to consumer credit information which means that you may be charged in the future for information that would have been available for free from Credit Reporting Bodies;
b To make a change to correct incorrect credit information, you agree to contact the Credit Reporting Bodies.
Wisr App
By using the App, you also acknowledge and agree that, in addition to these Terms of Use, you have read and understand:
● Our Terms & Conditions for the Wisr App; and
● Our Privacy and Credit Reporting Policy[DK4]
and you agree to be bound by their terms and conditions. If you do not agree with these Terms of Use, the information set out in the Terms & Conditions, or the Privacy and Credit Reporting Policy, you should not access or use the App.
You acknowledge that only individuals who meet the eligibility requirements set out in Section 3 of the Terms & Conditions will be able to use the services of the App and set up a Wisr App Profile as defined in the Terms & Conditions.
Warranties and representations
You represent to us:
a you have the legal capacity to enter these Terms of Use including that you are 18 years of age or older; and
b you have abided and will continue to abide by the Terms of Use relating to your use of the Website and App.
Liability
To the full extent permitted by law, we exclude all representations, warranties or terms whether express or implied other than those expressly set out in these Terms of Use.
These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
a in the case of goods:
i the replacement of the goods or the supply of equivalent goods;
ii the repair of the goods;
iii the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv the payment of having the goods repaired, and
b in the case of services:
i the supply of the services again; or
ii the payment of the cost of having the services supplied again.
Indemnity
Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold us, our affiliates, staff, employees, and agents harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to material on the Website, the App or to any linked third party material, whether in contract, tort including negligence, statute or otherwise.
You agree to fully compensate us and our officers, employees and agents from and against reasonable liability, loss, damage, costs and expense including, without limitation, reasonable legal expenses on a reasonable basis and penalties incurred or suffered by any of them arising out of:
a your material breach of the Terms of Use
b any misuse or use of the information and content contained in the Website and the App in breach of the Terms of Use; and
c any act of fraud or wilful misconduct by or on behalf of you.
Termination
These Terms of Use terminate automatically if, for any reason, we cease to operate the Website or the App.
We may otherwise terminate these Terms of Use immediately, on notice to you, if you have breached these Terms in any way.
General
a We may provide you with notices in connection with this Terms of Use by posting such notices on the Website or the App, or where appropriate, by email, push notifications from the App, or SMS if you have provided contact details for that purpose.
b We may assign this Terms of Use, provided that the relevant assignee undertakes to perform all of our obligations herein.
c You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms of Use.
d If a provision of these Terms of Use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Jurisdiction
All information and services contained within the Website and the App are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia.
This Terms of Use was last reviewed in December 2022.