Cashwo Mobile App – Terms of Use

 

1.About the Cashwo App

The Cashwo mobile application (Cashwo App)enables you to access the Cashwo Digital Wallet, and other products and services that may be provided by PayAny1.

The Cashwo App is operated byPayAny1 Pty LtdABN51 630 466 303AFSL No. 518 990 (PayAny1)trading as“Cashwo”. Any reference to “Cashwo”, “we”, “us” and “our” refer to PayAny1and our group of companies. Access to and use of the Cashwo App is provided by PayAny1 in accordance with these terms and conditions (AppTerms).

The terms of use for PayAny1’s products and services are set out in the Cashwo Digital Wallet Terms and Conditionsavailable hereand the Product Disclosure Statement (PDS) available herewhich you will be asked to agree to when you apply for the Cashwo Digital Wallet.

2. Acceptance of the Terms 
 

You agree to these Terms by downloading or browsing the Cashwo App. You may also agree to the Terms by clicking to accept or agree to the Terms where this option is made available to you by PayAny1 in the user interface. If you do not agree to all these Terms, then please do notdownload or access the Cashwo App.

Given our functionality will be growing, we may need to review, change or update these Terms quickly without your approval. When we change the Terms, we will post the new version to our website, which you can accesshere.By continuing to use the Cashwo App after the updated Terms are published you agree to the updates. If you do not agree to the updated terms please delete the Cashwo App. In addition, we may ask you to confirm acceptance of changes to continue using the Cashwo App. Any new features or tools which are added to the Cashwo App will also be subject to these Terms.

You can review the most current version of these Terms at any time here.

3.Your use of the Cashwo App

You are responsible for securing your device on which your Cashwo App is installed. It is your responsibility to ensure that:

  • any password of your device on which the Cashwo App is installed is kept secret and secure, not easily guessed or deciphered, and not shared with another person;

  • your biometric identifier (e.g. fingerprint)is the only biometric identifier registered on your device; and

  • your device is not left unattended, is locked when not in use, and up-todate antivirus software is installed on it.

In using the CashwoApp, you must comply with any applicable terms and conditions governing such use from the store or platform, such as iTunes or Google Play, through which you downloaded the Cashwo App.  

Cashwo will not be liable for any unauthorised access of your Cashwo Account.

4.Intellectual Property

The Intellectual Property Rights in the Cashwo App, the content and any other Intellectual Property arising out of your use of the Cashwo App, are the exclusive property of PayAny1.

PayAny1grants to you a worldwide, non-exclusive, non-transferrable, non-sublicensable, royalty-free, revocable license, while you are registeredto use the Cashwo App, to:

  • copy and store the Cashwo App and the material contained in the Cashwo App in your device’s cache memory;

  • print and store inputted data housed within the Cashwo App; and

  • use the Cashwo App pursuant to the Terms.

These rights will cease when you are no longer registered to use the Cashwo App.

PayAny1does not grant you any other rights whatsoever in relation to the Cashwo App or the related Intellectual Property. All other rights are expressly reserved by PayAny1.

PayAny1 retains all rights, title and interest in and to the Cashwo App and all related materials.  Nothing you do on or in relation to the Cashwo App will transfer any Intellectual Property Rights to you. You may not, without the prior written permission of Cashwo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content (including third party content)of the Cashwo Appfor any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Cashwo App which are freely available for re-use or are in the public domain.

 

5.Privacy

PayAny1 takes your privacy seriously and any information provided through your use of the Cashwo Appis subject to Cashwo’s Privacy Policy, which is available here.

6.General Disclaimer and Limitation of Liability

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.

To the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

  • Cashwo will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with, or use of the Cashwo App, the Cashwo App’s content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Cashwo App and its content, including the Digital Wallet, is at your own risk. Everything on the Cashwo App is provided to you “as is” and “as available” without warranty or condition of any kind, including as to its fitness for purpose, merchantability, or availability. None of PayAny1’sRelated Bodies Corporate, directors, officers, employees, agents, contributors or licensors make any express or implied representation or warranty about the content of the Cashwo App, or your ability to access the Cashwo App to use the CashwoDigital Wallet. To the extent permitted by law, PayAny1 will not be liable to you, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, for any loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Cashwo App, (including third party material and advertisements on the Cashwo App);

  • costs incurred as a result of you using the Cashwo App; and

  • the content or operation of the CashwoAppin respect to links which are provided for your convenience.

We are not responsible for any information on the Cashwo App owned or provided by third parties including any third party links, or if information made available on the Cashwo App is not accurate, complete or current.

To the extent permitted by law, PayAny1’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed (at PayAny1’s discretion) the resupply of the content to you or the equivalent cost of re-supplying the content.

 

7.Termination

PayAny1may at any timesuspend or terminate your access to the Cashwo App if:

  • PayAny1 is required to do so by the owner or operator of any platform through which you downloaded the CashwoApp;

  • you have breached any provision of the Terms or intend to breach any provision;

PayAny1 is required to do so by law or by any regulatory or government agency;

  • you or PayAny1terminates your use of PayAny1’s products or services; or

  • the provision of the Services to you by PayAny1, is in the opinion of PayAny1, no longer commercially viable.

Obligations that are intended to continue after these Terms have terminated will continue after termination.

You have the right to stop using the Cashwo App at any time. If you want to cancel your CashwoAccountyou can email us to request cancellation of your account atsupport@cashwo.com.au.

8.Indemnity  

To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against PayAny1 which are connected with, arise out of, relate to or are incidental to the provision of ourDigital Wallet Services, and your use of the Cashwo App.

 

You further agree to indemnify us and keep us indemnified(on a full indemnity basis, including for our legal costs) from and against any and all claims by you and any User in relation to:

 

  • Your use of the Digital Wallet, or inability to use the Digital wallet, or

  • Your breach of these terms.

 

These terms may be pleaded as a bar by us to any action, claims, suit or proceedings by you arising out of, or in connection with, these terms or the Digital Wallet services.

 

This provision will survive termination of your use of the Digital Wallet services.

9.Your activities

By using the Cashwo App, you confirm that:

  • you will not use the Cashwo App for any illegal or unauthorised purpose;

  • you will not transmit any worms or viruses or any code of a destructive nature onto the Cashwo App; and

  • you will not use the CashwoApp for any other improper or unintended purpose.

 

10.Miscellaneous

The Terms are governed by the laws of Victoria, Australia. 

If any part of these Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

11.Meaning of words

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Tools and Materials means inventions, improvements, developments, modifications, discoveries, designs, techniques, ideas, concepts, processes and formulas; software, source code, object code, script, data, programs, software development kits, computer and system tools; and social media platforms and addresses; know-how; works of authorship; licences, business methods, strategies, operational procedures, business plans, product development plans, budgets, unpublished financial statements, sales and other financial data, pricing, production, sales and marketing strategies, customer lists, directories or databases, supplier lists, organisation and personnel contact lists and details; visual features of shape, configuration, pattern or ornamentation; literary, artistic, dramatic or musical works; sound recordings, films, broadcasts or published editions; trademarks; trade, business, company, domain and social media names; products; services; precedents; systems, manuals or policies; diagrams, graphs, charts, plans, drawings or costings; dealings or transactions; technology; research and general business documents, forms and templates.

Intellectual Property includes the Cashwo App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features); all Business Tools and Materials; inventions; discoveries; innovations; novel or technical information and data; prototypes; processes; improvements; patents, including all patents and patented Cashwo Apps, processes and products within the meaning of the Patents Act 1990 (Cth); circuitry and circuit layouts; computer programs; software; code; drawings; plans; specifications; trade marks, including any trade name, brand name, common law trade mark or trade mark within the meaning of the Trade Marks Act 1995 (Cth); designs, including all designs within the meaning of the Designs Act 2003 (Cth); trade secrets; know-how; literary, artistic and scientific works; quotes; performances of performing artists, phonograms and broadcasts; and all other works resulting from intellectual activity in the industrial, scientific, education, literary or artistic fields.

Intellectual Property Rights includes all rights relating to any and all of the Intellectual Property; copyright and neighbouring rights; and moral rights, whether existing now or in the future, both in Australia and throughout the world.