Terms of service

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Welcome to the Nine25 App!‍‍

We provide a platform for you to stream money as you earn it. The Nine25 App (Nine25 App) then provides money management features to assist you to better manage your spending and investing — after working for your money, make your money work for you. Before we get started, there are just a few terms and conditions we need to cover to make sure we’re all on the same page.

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Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you start using our Nine25 App are set out here:‍

• we may change the Terms (including the fees) and provide the updated Terms in the Nine25 App or on our Website. If you do not agree to these changes, you may cancel your Account as set out in these Terms;
• we may disclose your personal information to third parties, such as our technical partners like Zai, as set out in our Privacy and Credit Information Policy;
• subject to your consumer law rights, our Liability arising from or in connection with these Terms will be limited to us re-providing you the Nine25 App including its features;
• subject to your consumer law rights, we exclude our liability for any Consequential Loss, your acts or omissions, any Third Party Inputs, and any reason beyond our reasonable control; and
• we may, at any time, discontinue the Nine25 App or exclude any person from the Nine25 App, for which we will not be responsible for any loss or damage.

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Nothing in these terms limits your rights under the Australian Consumer Law.
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1. Introduction

These terms and conditions (Terms) are entered into between you and Nine25 Pty Ltd (ABN 26 644 914 625) (we, us or our), together the Parties and each a Party. These Terms govern your use of the Nine25 App and govern the interaction of your Account and your Card.

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We may change these Terms at any time and provide the updated Terms in the Nine25 App or on our Website. We will contact you regarding changes to these Terms via the Nine25 App:

1. these Terms incorporate the functionality, procedures and features of the Nine25 App and any supplementary terms of use stated on the Website;
2. if we make material changes to our Terms, including to introduce new fees or make changes to existing fees, we will provide you with 30 days’ notice. If you do not agree to these changes then you may cancel your Account prior to the changes being implemented (otherwise you will be subject to the changes including charged any new fees); and
3. if we make non-material changes to our Terms, we will provide you with 30 days’ notice prior to the implementation of the changes.

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You may only use the Nine25 App if you are least 16 years of age.

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2. Acceptance

By creating an account on the Nine25 App, you accept and agree to comply with the Terms.

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

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By downloading and using the Nine25 App, you:

1. warrant to us that you have read and understood these Terms and our Privacy and Credit Information Policy; and
2. agree to use the Nine25 App in accordance with these Terms.
3. When using the Nine25 App, you must not do or attempt to do anything that is unlawful or inappropriate, including:
4. anything that would be a breach of an individual’s privacy or any other legal rights;
5. using the Nine25App to defame, harass, threaten, menace or offend any person;
6. using the Nine25App for unlawful purposes;
7. tampering with or modifying the Nine25 App (including by transmitting viruses and using trojan horses);
8. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Nine25 App; or
9. facilitating or assisting a third party to do any of the above acts.

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3. Privacy

We will handle your Personal Information in accordance with our Privacy and Credit Information Policy.  

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By accepting these Terms, you consent to our collection, use, storage and disclosure of your Personal Information as set out in the Privacy and Credit Information Policy and these Terms.

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4. Communications

We may contact you via the Nine25 App using in-account notifications or via phone call, text message or email.

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5. Your Account

5.1 Opening your account

You may register and create a user account (Account) by following the steps in the Nine25 App. Your Account is personal and you must not transfer it to others, except with our written permission. You can have a maximum of one account in your name.

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You agree to provide accurate, current and complete information and regularly keep your Account information accurate, current and complete.

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

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You understand that it is a legal requirement for us to verify your identity before you use the Nine25 App and its features, and you agree to provide us with such information as is required for us to verify your identity and any other information we require from time to time.

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You can start using the Nine25 App once your identity and Account information has been verified to our satisfaction.

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5.2 Cancelling your account

You may only cancel your Account at any time if:

• you don’t have any outstanding obligations related to your Account;
• there is no ongoing investigation of any nature in connection with your Account;
• you don’t have a pending or disputed transaction;
• your Nine25 Account doesn’t have a negative balance or you don’t have an outstanding balance on a loan from us;
• your Account isn’t subject to a hold or suspension.

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We will deduct any fees and any other amounts you owe us under these Terms from your AvailableBalance in your Nine25 Account at the time of cancelling your Account. The remaining funds will be paid to you by our third party payment provider.

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When you cancel your Account, we will no longer allow any payments to be made in relation to your Account.

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Your Nine25 Account is the digital e-wallet for your Account which displays your Available Balance.

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6. Payment and fees

6.1 Accessing your pay

You may request us to provide you with your Pay as enabled or as outlined in the Nine25 App. Subject to section 8, we will facilitate the transfer of your Pay to your linked bank account.

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6.2 Third Party Payment Provider

We use a third party payment processor for that third-party to provide payment services to you via the Nine25 App. In doing so, we are not acting as your agent. Zai Australia Pty Ltd, trading as Zai Australia (Zai) is the entity we use to facilitate the payment process for all payment transactions in connection with the Nine25 App including holding your funds on your behalf.

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By agreeing to these Terms, you agree that:  

• you enter into the End User Agreement here directly with Zai; and
• you are bound by the End User Agreement when making or receiving a payment in the Nine25 App as a binding contract between you and Zai.

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You are not bound by the End User Agreement through us as your agent. For the avoidance of doubt, we are not acting as your agent at any time.

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If you breach the End User Agreement, you also breach these Terms.

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6.3 Fees and billing

The fees payable by you for your use of the Nine25 App are set out in the Nine25 App, and are billed by us as set out in the Nine25 App. We do not charge interest on the principal amount of advances. We may charge fees for providing credit as a fixed fee based on your use of the services made available by the Nine25 App. We may charge fees in relation to your Card transactions (Card Fees). Card Fees will automatically be included with the Card transaction and stated in your online statement.

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If you close your Account or you change certain features in the Nine25 App, you will be billed for that monthly cycle before any changes to your billing are implemented for the following month.

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6.4 Link or Unlink a Payment Method

You can link or unlink an Australian bank account to your Account as a payment method. You can also manually make payments into your Nine25 Account by bank transfer.
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6.5 Card transactions

You acknowledge that you will not receive paper statements from us regarding the operation of your Card. The Nine25 App will show the transactions on your Card and the Available Balance 24 hours a day, 7 days a week. You will be able to download a detailed transaction statement from the Nine25 App.

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If you notice any error (or possible error) in any transaction or statement relating to the Card, then you must notify us immediately. We may request you to provide additional written information concerning any error (or possible error) and you must comply with that request.

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It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.

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7. Promotions

We may run promotions on the Nine25 App which will be governed by their own terms and conditions as set out in the Nine25 App. If there is any inconsistency between those terms and conditions and these Terms, these Terms apply.

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8. Your Nine25 Account

8.1 Nine25 Account Funds

1. The amount of funds shown as the balance in your Nine25 Account is your available balance (Available Balance). You will not receive interest or any other earnings on any balance shown in your Nine25 Account or funds held on your behalf by Zai.
2. You acknowledge that any payments made by you, wages or salary paid by your employer to Zai will be held on trust for you in an account maintained and held by Zai.
3. You acknowledge that the funds held by Zai on your behalf can be used at any time to meet any of your financial obligations to Nine25 in respect of your Account.
4. You acknowledge and agree that it is a requirement for the provision of the Nine25 App that you:
   (i) continue to be employed and be entitled to receive a recurring and consistent wage payment from your employer, the timing and amounts of which are adequate (and you agree for us to take any reasonable steps to check your credit score for these purposes); and
   (ii) have sufficient funds in your linked Australian bank account, to meet any of your financial obligations in relation to your Account and we can charge you for any costs (including costs charged by Zai) for any dishonoured payment as a result of there being insufficient funds available or lack of regular wage payment or a failure to maintain a successful link to anAustralian bank account.
5. You acknowledge and agree that:
   Any amounts advanced to you as a result of you utilising Nine25 products or services must be repaid in accordance with these Terms and any scheduled repayments stated in the Nine25App, and that we may recover any other amounts due and payable and/or owing to us by you as a debt by:
   (i) having recourse to funds held on your behalf by Zai;
   (ii) sending direct debit requests to your bank account provided by you to us until your financial obligations to us are satisfied; or
   (iii) using a debt collection agency if you are unable to resolve any issues with us within 7 days of us notifying you of any issue,

and you agree that we may take the above actions before using the dispute resolution clause in clause 19 below.

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8.2 Withdrawing money

You may utilise the Available Balance in your Nine25 Account, at anytime using the methods set out in the Nine25 App to access Nine25 products and services.

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8.3 Using your card

• Upon approval by us opening your Account, your Card will be activated and ready for use.
• You can purchase goods and services using your Card and the payment is debited against your Available Balance.
• The Card allows you to purchase goods and services:
  (i) at an outlet within Australia that has an EFTPOS Device by making a Contactless Transaction;
  (ii) over the telephone or the internet by providing the PAN, expiry date and security code; or
  (iii) at outlets overseas wherever Mastercard card is accepted.
• When you are paying for goods and services at an EFTPOS Device or providing the Card number to a merchant over the telephone or the internet, you’ll be covered by Mastercard’s Zero Liability Protection Policy here. This means you may have recourse against Unauthorised Transactions (in relation to the use of your Card) under that policy.
• You agree not to make or attempt to make transactions that exceed the Available Balance. If there is no Available Balance on your Account, any attempted transactions with the Card will be declined.
• If you make or attempt to make any transactions that exceed the Available Balance then you will be liable for any Negative Balance, along with any costs or interest we incur in recovering or attempting to recover from you the amount owing.
• You can use your Card within the limits specified in section 8.5 provided that you do not exceed the Available Balance and the expiry date for the Card has not passed.
• We may restrict or stop the use of the Card if excessive uses of the Card or other suspicious activities are noticed or are otherwise prohibited transactions under these Terms.
• You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you should contact us.
• If you are entitled to a refund for any reason relating to a transaction, you agree to accept the refund under the policy of that specific merchant. If the Card is expired or revoked before you have spent any value refunded to your Available Balance resulting from a refund, then you will have no access to those funds unless a replacement Card has been issued to you.
• We are not liable in any way when an authorisation is declined for any particular transaction regardless of reason.
• If you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card.

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8.4 Foreign Transactions

The Available Balance on your Card is in Australian dollars. Transactions made in a currency other than Australian dollars will be subject to the prevailing Mastercard exchange rate at the time plus a 2.99% foreign exchange fee. For a full listing of fees and charges please check our Website.

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8.5 Limitations of Use Of the Cards

The following limitations apply to the Card:

• the Card may not be used for, and authorisation maybe declined for, any illegal transactions or for any transactions not approved by us; and
• some retailers may choose not to accept prepaid Mastercard cards.

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The following illustrates the transaction limits applicable to the Card. Merchants or other providers of facilities may impose additional limits.

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Transaction Limits

Maximum Point of Sale transaction: $4,999

Daily Point of Sale Limit: $4,999

Maximum number of Point-of-Sale transactions per day: 25

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8.6 PIN and Pass Codes

The PIN for the Card is made available within the Nine25 App (upon verification of registration). You must not disclose your PIN to any other person.

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You may change the PIN within the Nine25 App by following the prompts.

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A Pass Code may be provided to your registered Device to complete a transaction — this is often referred to as Two Factor Authentication. Where you are provided a Pass Code in these circumstances, you must not disclose that Pass Code to any other person.

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8.7 Card security

You must make sure that you keep the Card, Device, Identifiers and any PIN’s or Pass Codes safe and secure. The precautions we require you to take (Security Requirements) are set out below. You must not:

• allow anyone else to use the Card;
• unnecessarily disclose the PAN;
• write, or carry, the PIN with the Card or record the PIN or Device Pass Code on anything carried with the Card or Device that is liable to loss or theft simultaneously with the Card or Device, unless you make a reasonable attempt to protect the security of the PIN or Device Pass Code;
• voluntarily disclose the PIN, Device Pass Code or Pass Code to anyone, including a family member or friend;
• allow someone else to register a Biometric Identifier on your Device; or
• provide any Device Pass Code to another person to access your Device.
  

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8.8 Card expiry

The Card is valid until the expiry date shown on it unless it is cancelled before then.

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Your Card cannot be used after expiry. You cannot access the Available Balance unless a replacement Card is issued to you.

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We reserve the right not to issue a replacement Card to you, in which case you will not be able to use the Card as a means to access the Available Balance of your Account. In such circumstances, you should refer to the Account Terms and Conditions for information on how to access your Available Balance.

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8.9 Replacement cards

If your Card is misused, lost or stolen, you should notify us in accordance with section 5.8 so that your Card can be cancelled.

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You can request us to provide you with a replacement Card.

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A replacement Card will be arranged after you notify us that your Card or Card details are misused, lost or stolen the misused, lost or stolen Card has been blocked. You will need to register and activate the new Card and add your Tokenised Card to your Device Wallet.

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9. Features

We provide a range of features and services to you in the Nine25 App. You may select and change certain features associated with your Account in the Nine25 App at any time and we will make the selected changes to your Account shortly afterwards.

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10. Complaints

We are committed to dealing with your complaints fairly and resolving issues in accordance with our policies. You can make a complaint or lodge a dispute by emailing us at help@nine25.app.

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11. Australian consumer law

Certain legislation, including the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Nine25 App by us to you which cannot be excluded, restricted or modified (Statutory Rights).

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If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Nine25 App provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Nine25 App) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

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This clause will survive the termination or expiry of these Terms.

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12 Liability

12.1 Exclusion of liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

• your acts or omissions;  
• any Unauthorised Transactions;
• any use of the Nine25 App by a person or entity other than you, or other than as reasonably contemplated by these Terms;
• any Third Party Inputs;
• any illness, injury or death resulting from use of the Nine25 App; and/or
• any event outside of our reasonable control.
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This clause will survive the termination or expiry of these Terms.

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12.2 Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law:

• we will not be liable for Consequential Loss;
• each Party’s Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s personnel); and
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us reperforming our obligations under these Terms.

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This clause will survive the termination or expiry of these Terms.

12.3 Liability for unauthorised transactions

• Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code.
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  Where you are not liable
• You will not be liable for losses resulting from Unauthorised Transactions where you have not contributed to the loss.
• You will not be liable for losses resulting from Unauthorised Transactions are caused by:
  (i) fraud or negligence by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
  (ii) a Card, Identifier or Pass Code which is forged, faulty, expired or cancelled;
  (iii) a transaction requiring the use of a Card and/orPass Code that occurred before you have received the Card and/or Pass Code(including a reissued Card and/or Pass Code);
  (iv) a transaction being incorrectly debited more than once to your Card; or
  (v) an Unauthorised Transaction performed after you have informed us that your Card has been misused, lost or stolen, or the security of a Pass Code has been breached.
• You are not liable for loss arising from anUnauthorised Transactions that can be made using an Identifier without the Card or a PIN. Where a transaction can be made using the Card, or a Card and anIdentifier (such as a Contactless Transaction using the Tokenised Card) without a PIN, you are liable only if you unreasonably delay reporting the loss or theft of a Device.
  
  Where you are liable‍
• You are liable for loss resulting from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to the loss through fraud or breaching sections 8.6 and 8.7 of these Terms. In those circumstances you are liable in full for the actual losses that occur between when you become aware (or should reasonably have become aware) of the theft or misuse of a Card or Device or the compromise of the PIN or PassCode, and when you reported it to us; however:
  (i) you are not liable for the portion of losses incurred on any one day more than any applicable daily transaction limit; and
  (ii) you are not liable for the portion of losses incurred in any period more than any applicable periodic transaction limit; and
  (iii) you are not liable for the portion of losses that exceeds the Available Balance; and
  (iv) you are not liable for the portion of losses incurred if you and we had not agreed that the Available Balance could be accessed using the Card or identifier and/or PIN used to perform the transaction.
• You will be liable for losses arising from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to those losses by unreasonably delaying reporting the misuse, loss or theft of a Card or Device, or that the security of all PIN or Device Pass Codes has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Card, but:
  (i) you are not liable for the portion of losses incurred on any one day more than any applicable daily transaction limit; and
  (ii) you are not liable for the portion of losses incurred in any period more than any applicable periodic transaction limit; and
  (iii) you are not liable for the portion of losses that exceeds the Available Balance; and
  (iv) you are not liable for the portion of losses incurred if we and you had not agreed that the Available Balance could be accessed using the Card or Identifier and/or PIN used to perform the transaction.
• If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the lesser of:
  (i) $150; or
  (ii) the Available Balance; or
  (iii) the actual loss at the time that the misuse, loss or theft of a Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily of other periodic transaction limit.
• If you report an Unauthorised Transaction, we will not hold you liable for losses arising from the Unauthorised Transaction for an amount greater than your liability if we exercised any rights under Mastercard Scheme Rules, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).
  (i) This clause 12.3 is subject to clauses 12.1 and 12.2.

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13. Termination

Your Account and these Terms may be terminated by you at any time, by cancelling your Account as set out above in these Terms.

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We may terminate these Terms at any time by giving 1 day written notice to you.

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We may suspend your Account or terminate these Terms immediately upon written notice to you, without limitation, if:

• you breach any provision of these Terms and that breach has not been remedied within 5 business days of being notified by us;
• a change occurs to your employment or your payment instructions in connection with your Nine25 Account that causes or is likely to cause the balance of your account to be insufficient to meet your repayment obligations under these Terms when they fall due;
• there is any reason outside our control which has the effect of compromising our ability to provide the Nine25 App; or
• you are unable to pay your debts as they fall due.
  
  These Terms will terminate immediately upon written notice by you, if we:
• are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
• are unable to pay our debts as they fall due.
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  Upon expiry or termination of these Terms:
• we will remove your access to the Nine25 App;
• we will immediately cease providing the Nine25 App to you; and
• where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination and any action we may take to recover amounts owed to us.

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Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.  
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This clause will survive the termination or expiry of these Terms.

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14. User data

You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you to us or inputted by you into the Nine25 App, stored by the Nine25 App or generated by the Nine25 App as a result of your use of the Nine25 App (User Data) and for a reasonable period after the cancellation or suspension of your Account to:  

• provide the Nine25 App (including for back-ups) to you;
• diagnose problems with the Nine25 App;
• develop other services, provided we de-identify the User Data;
• enhance and otherwise modify the Nine25 App; and
• required to perform our obligations under these Terms.

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We do not endorse or approve and are not responsible for any User Data. We may, at anytime at our sole discretion, remove any User Data.

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15. Analytics

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Nine25 App, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, including by commercialising the Analytics, provided that it:

• does not contain identifying information; and
• is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.

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We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

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16. Feedback

You agree that:

• all intellectual property rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Nine25 App (Feedback),will at all times vest, or remain vested, in us; and
• we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

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17. Third Party Inputs

You agree that the provision of the Nine25 App may be contingent on, or impacted by, third parties or any goods and services provided by the third parties, including third parties that provide us with IT services, end users, merchants, suppliers, or other subcontractors (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

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18. Notice regarding Apple

To the extent that you are using or accessing our Nine25 App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Nine25 App and any content available on the Nine25 App.

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Apple has no obligation to furnish you with any maintenance and support services with respect to our Nine25 App.

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

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

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

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You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

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

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You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.Government as a
"terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

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19. General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

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

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Competitors: You are prohibited from using our Nine25 App in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

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Discontinuance: We may, with written notice to you, discontinue our Nine25 App, in whole or in part. We may also exclude any person from using our Nine25 App, at any time at our sole discretion. We are not responsible for any Liability, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent you may suffer arising from or in connection with any such discontinuance or exclusion.

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Disputes: Subject to clause 8.1(e), in the event of any dispute arising from, or in connection with, these Terms (Dispute), the Party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the Parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.

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If the Parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of an appropriate jurisdiction. This clause will survive the termination or expiry of these Terms.

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Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

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Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

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

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Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email and for in-app communications, at the time you receive the in-app communication.

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Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties. We do not act as an escrow agent in relation to your funds held by Zai, or guarantee or assume responsibility for your Pay, or collect or receive your Pay on your behalf.

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

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Third party sites: The App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Nine25 App, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Nine25 App (Affiliate Link) or for featuring certain products or services on the Nine25 App. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Nine25 App, or which (if any) third party links are Affiliate Links.

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20. Contact us

If you would like to contact us, you can email us at help@nine25.app or use the contact form on our Website or mail to us at Level 20/171 Sussex Street, Sydney NSW 2000.

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21. Definitions

Card means the Tokenised Card issued to you as part of your Account.

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Consequential Loss means any loss, damage or costs incurred by you that is indirect or consequential, as well as 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.

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Contactless Transaction means a transaction made by holding a Card (which can make a Contactless Transaction)against an EFTPOS Device to complete a transaction.

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Device means a compatible smartphone or wearable device that supports a Device Wallet, enabling you to use the Device as a payment method for purchase transactions.

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Device Wallet means the Apple Payor Google Pay mobile applications that store the Card as a tokenised card on a compatible phone or wearable device.

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EFTPOS Device means the device included in an authorised interchange network used by merchants to accepts cards for purchases at POS, including for Contactless Transactions.

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ePayments Code refers to the code issued by the Australian Securities & Investments Commission.

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Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Card number).

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

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PAN means the 16-digit number displayed on the Card in your Device Wallet.

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Pass Code means a password or code that you must keep secret that is used to authenticate your identity or a transaction. Examples include a code delivered to you by text message to your mobile phone or email which is required to perform a transaction (often called ‘Two Factor Authentication’).

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Pay means the amount of credit requested by you which may be adjusted or rejected by us at our discretion.

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PIN means the four-digit personal identification number which we issue to you to access some of the Card services.

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Negative Balance means a negative rather than a positive Available Balance.

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Nine25 Account means the digital e-wallet for your Account which sets out your Available Balance.

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Tokenised Card means a card that has had sensitive personal information (including, but not limited to a PAN) substituted for a unique identifier (token) by Mastercard and stored within a Device Wallet for you to use as payment. A Tokenised Card can be used for Contactless Transactions as well as card not present transactions, including online purchases.

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Unauthorised Transaction means a transaction in relation to the use of your Card not authorised by you but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.

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Website means https://nine25.app/

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Last update: 16 February 2023