Your 2 Ezi Membership Terms and Conditions

2EZI Pty Ltd ACN 670 814 365 of PO Box 2115, Southport BC, QLD, 4215 (2 Ezi / we / us / our) is pleased to offer you a 2 Ezi Membership on the terms set out in the Terms.

General Terms

Introduction

You should read all of the Terms and Conditions that are provided to you and ask us about any issues or concerns. You should also read the Privacy Policy.

These Terms and Conditions govern your access to and use of the 2 Ezi Application as owned and operated by 2 Ezi Pty Ltd and for your use of Services and any content we provide through the 2 Ezi Application to you. You should review these Terms Regularly as they may change at any time at our sole discretion. By continuing your access to the 2 Ezi Application after any change to these Terms, you accept the updated Terms. You may not use the Application if you are not legally authorised to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with 2 Ezi. You agree that you access the Application at your own initiative and that your use of the Application and your use of and access to the Services is solely at your own risk. The agreement for use of the Application is with you. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

By signing the Terms and Conditions, you acknowledge that you agree to be bound by the Terms and Conditions.

1. Defined Terms

These meanings apply unless the contrary intention appears:

• 2 Ezi Account means the account we establish in your name on the 2 Ezi Application.
• 2 Ezi Application means the financial wellness application provided to you by 2 Ezi.
• Business Day means a day other than a Saturday, a Sunday or a public holiday in Queensland, Australia.
• Default means when you are in Default under the Terms and Conditions as set out under clause 9.
• Details means the Membership Tier Details and the Fee Structure Details as set out under the Terms and Conditions.
• Direct Debit Providers means any of the direct debit providers listed on the Website and the App, as updated and amended from time to time.
• Extended Term as defined under clause 5.1 of the Terms and Conditions.
• Initial Term means the initial term of the Membership, that is a time period of 1 month from the Membership Date.
• Membership means your membership with 2 Ezi to use the Services provided through the 2 Ezi Application.
• Terms and Conditions means this document including all Terms.
• Membership Date means the date you accept and enter into the Terms and Conditions.
• Membership Tier means the tier of Membership.
• Payment Amount refers to the sum necessary for unlocking access to our premium membership tiers.
• Payment Date means the date the Payment Amount is due to be paid to us. If the Payment Date is not a Business Day, then the relevant date will be the Business Day immediately following the Payment Date.
• Services means the services provided through the 2 Ezi Application as set out under clause 7.
• Terms means the Details and terms set out under the Terms and Conditions.

2. Membership Tier Details/Fee Structure

3. Parties
   • These Terms and Conditions are between 2 Ezi and you.

4. Acceptance and Electronic Signature
   • To accept and enter into these Terms and Conditions, you indicate acceptance of the Terms and Conditions by checking a tick box on the 2 Ezi sign-up page.

5. Automatic Term Extension
   • The Terms and Conditions will automatically extend from the Initial Term (on the same terms as set out in the Terms and Conditions) for further rolling periods of 1-month (each an Extended Term) unless you terminate the Membership in accordance with clause 22.7.
   • For each Extended Term, you must meet your payment obligations as set out under clause 6.1.

6. Payment
   • Your Payment Obligations
     • In consideration of us providing the Services to you, you must pay the Payment Amount to us in full on or before the Payment Date.
     • You may repay the Payment Amount (in full or in part) at any time prior to the Payment Date.
     • You must pay any amount due under the Membership without deduction or set-off (and irrespective of any counterclaim) whatsoever. If you believe that we owe you an amount, you may raise that claim with us separately.
   • Payment Method
     • (Direct Debit) You authorise and request Direct Debit Providers to receive, account and remit payments from your bank account or any other account you provide to us in the future, in accordance with these Terms and Conditions and the Terms and Conditions of the relevant Direct Debit Provider. https://2ezi.au/direct-debit-service-agreements

7. Services
   • Depending on your Membership Tier, you may be provided one or more of the following Services through the 2 Ezi Application:
     • Standard Access
   • Budgeting and Savings
   • Shop/Deals and Discounts
   • Bill Cutters
     • Premium Access
   • Premium Discounts

8. Draw Entries and Opt-Out Option
   • By accepting these terms, you hereby consent to receive standard or accumulating entries into all draws that are active during your membership and for which you are eligible based on your membership level. If no draw occurs during your membership term, your entries will be retained until the next draw.
   • Each draw has its own specific terms and conditions, which should be read alongside this agreement. These terms can be found at https://2ezi.au/terms-and-conditions/ and https://2ezi.au/mega-draw-terms-and-conditions/.
   • You have the option to opt-out of any specific draws. To exercise this option, you can either select “opt-out” in the settings of our app or submit a request via [email protected]

9. Default
   • You are in Default if:
     • we do not receive on time any amount due under these Terms and Conditions (including a failure by you to pay the Payment Amount by the Payment Date) and this Default is not remedied within 7 Business Days;
     • we reasonably believe you or another person has acted fraudulently in connection with this Terms and Conditions; or
     • you become insolvent or steps are taken to have you declared bankrupt.
   • What can happen being in Default?
     • We may give you a notice stating that you are in Default.
     • Your 2 Ezi Account Tier may be reduced or suspended resulting in suspension of membership benefits until you correct the Default.
     • Your account will remain suspended until a payment is made, or you opt for subscription cancellation.
     • To restore membership benefits after suspension, you can make a weekly payment. Alternatively, you can opt for subscription cancellation and all associated data and benefits will be removed.

10. Warranties
    • In agreeing to these Terms and Conditions, you represent and warrant that:
      • you are a permanent resident of Australia;
      • all information and supporting documentation provided to us is true and correct;
      • you have the capacity to enter agree and assume the obligations under these Terms and Conditions; and
      • you will advise us of any change in circumstances which affects, or is likely to affect, the accuracy of any of the above warranties, or your ability to pay the Payment Amount to us by the Payment Date.
    • You acknowledge that you are personally liable for performing the obligations set out in these Terms and Conditions and for paying all monies due under the Terms and Conditions.
    • You indemnify us against any loss or claim we may suffer due to your breach of the Terms and Conditions, a breach of the warranties as set out in this clause 10, your negligence in relation to these Terms and Conditions, or otherwise due to your acts or omissions, with our recourse to such indemnity limited to the amount which we would otherwise be able to recover at general law for your breach of contract or negligence in respect of these Terms and Conditions, plus legal costs on a full indemnity basis.

11. Liability
    • Under no circumstances shall we be liable for any direct or indirect, special, incidental or consequential damages that may arise from your use of, or inability to use, the 2 Ezi Application.
12. Your Use of the 2 Ezi Application
    • You are solely responsible for maintaining the confidentiality and security of your 2 Ezi Account including username, password and access codes. You may not use another user’s 2 Ezi Account or permit a third party to use your 2 Ezi Account at any time.
    • 2 Ezi is not responsible for any losses arising out of the unauthorised use of your account, or if you lose or share access to your device.
13. Ownership
    • You agree that we retain all ownership and proprietary rights in the Services, 2 Ezi Application (including associated content), technology, mobile applications and websites.
14. Changes to this Agreement
    • Subject to these Terms and Conditions, we may change any provision of these Terms and Conditions without your consent for one or more of the following reasons:
      • to comply with any change or anticipated change in any relevant law, code of practice or guidance;
      • to reflect any decision of a court, ombudsman or regulator;
      • to reflect a change in our systems or procedures including for security reasons;
      • a result of changed circumstances (including by adding benefits or new features);
      • to respond proportionately to changes in the cost of providing the Services; or
      • to make the provisions of these Terms and Conditions clearer.
    • We will give you at least 20 days’ notice in writing of any change.
15. Notices
    • Any notice, demand, consent or communication under these Terms and Conditions must be in writing.
    • A party may change its address or email address for the purpose of notices by giving notice of that change to the other party in accordance with the provisions of clause 14.1.
    • A notice provided under clause 15.1 is taken to be received:
      • if sent within the 2 Ezi Application, when transmitted to the recipient under the 2 Ezi Application;
      • if sent by email, when sent by the sender unless the sender receives a delivery failure notification indicating that the email has not been delivered;
      • if hand delivered, on delivery; and
      • if sent by post, on the third (seventh, if sent to an address in another country) Business Day after the date of posting.
    • By signing these Terms and Conditions, you agree that we can:
      • contact you via any phone number or address that you provide to us; and
      • provide any notices by electronic communication.
    • The electronic communication methods we will use are email, SMS and through the 2 Ezi Application. You must provide us with a valid email address so that we can communicate with you, and you must inform us immediately if your email address changes by emailing [email protected]
    • We may serve any document in a court action (including a writ of summons, other originating process or third or other party notice) on you by delivering it to your residential address (or any change residential address notified to us) or by leaving it there. This does not prevent any other method of service.
16. Privacy Policy
    • Privacy is very important to us, which is why we have created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store personal information. Our Privacy Policy can be accessed at Privacy Policy.

17. Personal Information
    • In accordance with the Privacy Act 1988 (Cth), in order for us to provide you with the Services, you allow us to distribute your personal information to:
      • payment platforms – including direct debit providers, credit card providers; and
      • third-party sites and deal providers.
    • In accordance with the Privacy Act 1988 (Cth), Spam Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth), you allow us to use your personal information for marketing activities.
18. Restrictions on Use
    • In addition to all other terms and conditions, you will not:
      • transfer or otherwise make available to any third party the Services;
      • provide any service based on the Services without prior written permission; or
      • use the Services for spamming and other illegal purposes.
    • We may suspend your user account or temporarily disable access to whole or part of any of the Services in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies.
19. Remedies
    • The rights and remedies contained in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided at law.
    • Any right or remedy which may be exercised, or any determination which may be made, under these Terms and Conditions by a party may be exercised or made (or declined to be exercised or made) in the absolute discretion of that party who is not under any obligation to do so or to give reasons for its decision.
    • A party is entitled to enforce or take action in respect of, to the extent permitted by law, any breach of another party’s obligations under these Terms and Conditions notwithstanding the termination of these Terms and Conditions.
20. Verification of identity
    • We may choose to use the electronic identity verification services provided by Illion Australia Pty Ltd ACN 006 399 677 (‘Illion’) to verify your identity. By signing these Terms and Conditions, you agree to:
      • Request us to use Illion’s electronic identity verification services to verify your identity;
      • Confirm that we may authorise Illion and its related bodies corporate, as well as third party service providers, to collect, hold, use and disclose your personal information for the purpose of verifying your identity;
      • Where you provide us with your passport details and other personal information (including date of birth) for the purpose of verifying your identity:
      • a) you acknowledge that if the check proceeds on the Department of Immigration and Citizenship website, this will be regarded as having assisted in verifying your date of birth information to us;
        b) you acknowledge that if the check proceeds on the Department of Foreign Affairs and Trade website, this will be regarded as having assisted in verifying your date of birth information to us;
      • Consent and understand that your personal information will be used and disclosed to service providers in Australia for the purpose of checking whether you are listed on Politically Exposed Person and government sanction lists.
    • You consent to us using and disclosing such information for this purpose and warrant that all such information provided to us is true and correct and acknowledge that if we are unable to verify your identity as required, we will not be able to provide the services under these Terms and Conditions.

21. Miscellaneous
    • A party does not waiver a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
    • A term or condition of, or act done in connection with, these Terms and Conditions does not operate as a merger of any of the rights or remedies of the parties under these Terms and Conditions and those rights and remedies continue unchanged.
    • To the extent it is not to your detriment, we may assign, novate, transfer or otherwise deal with our rights under these Terms and Conditions in any way we consider appropriate to protect our legitimate commercial interests. In any other circumstance we will obtain your consent, which you must not unreasonably withhold. If requested to do so, you must execute all documents which in our opinion are necessary for these purposes. You must not assign, novate, transfer, or deal with your rights or obligations under these Terms and Conditions without obtaining our prior written consent, which we may give or withhold at our discretion.
    • Unless otherwise stated, and to the maximum extent permitted by law, these terms constitute the entire Membership Agreement of the parties about their subject matter and supersede all other representations, arrangements, or agreements.
    • Each indemnity in these Terms and Conditions survives the expiry or termination of these Terms and Conditions. We may recover a payment under an indemnity in these Terms and Conditions before it makes the payment in respect of which the indemnity is given.
    • If we are liable to pay goods and services tax (GST) or any similar tax made in connection with these Terms and Conditions, you must pay us an additional amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
    • Either party may terminate a Membership by notifying the other party in writing or by using the cancellation tools provided within the app.
    • Each party must, at its own expense, do and perform all such other acts matter and things as may be necessary or convenient to implement the provisions of these Terms and Conditions as to give full effect to these Terms and Conditions and the transactions contemplated by it.
    • These Terms and Conditions may be executed in one or more counterparts, each of which is deemed an original but all of which constitutes one and the same instrument.
    • These Terms and Conditions are governed by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.