Terms of Use for the NOW Finance mobile application

Please carefully read these terms and conditions (“Terms of Use”) for download, installation, display and use of the NOW Finance mobile application before you download, install, display or use the Application.

1. Definitions

In these Terms of Use:

1.1 “Account” means an account established in your name in connection with a credit contract you have with NOW Finance.

1.2 “Application” means the NOW Finance mobile application;

1.3 “Consumer Guarantees” means any non-excludable warranty, term or guarantee implied by the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or comparable state and territory fair trading legislation.

1.3 “Loan” means your personal loan with NOW Finance;

1.4 “we”, “us”, “our” and “NOW Finance” are references to Now Finance Group Pty Ltd ACN 158 703 612 and WCF Marketing Pty Ltd ACN 614 887 875 and in the context of the provision of credit facilities, means Now Finance Group Pty Ltd, Australian Credit Licence number 425142 as agent for NF Finco 2 Pty Ltd ACN 164 213 030;and

1.5       “you” and “your” are references to you as the user of the Application.

2. Terms of Use

2.1 By downloading, installing, displaying or using the Application, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Application. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Application immediately.

2.2 The Application is owned and operated by Now Finance Group Pty Ltd.  NOW Finance reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.

2.3 Services offered through the Application may not be available at all times.

3. Use of the Application and data

3.1 Access to the Application

(a) To access the Application, you must first register using the NOW Finance customer portal verification email sent to you by NOW Finance.  If you have not received the veritficati0on email, you may contact NOW Finance customer service on verification email to use the NOW Finance customer portal provided by NOW Finance customer service on 1300 275 669 or customerservice@nowfinance.com.au

(b) You may access the Application from several devices.

(d) You agree that any person who supplies us with your NOW Finance username and password will be allowed access to the Application.

3.2 Updating your details

(a) You must notify us promptly if your email address changes. Note: It is important we have your correct email address as we may use this address to notify you of any changes to these Terms of Use or to the Application.

3.3 Use

(a) You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may use the Application to view information and material provided by us and to access the NOW Finance website. You may not use the Application for any other purpose.

(b) You acknowledge that you have no rights in, or to, the Application or technology used or supported by the Application, other than the right to use the Application in accordance with the terms of this Agreement.

(c) The Application is currently available to mobile devices running the Apple iOS or Android OS. To access the Application you must have a mobile device with paid access to a mobile phone provider. The Application is free to download however your provider’s rates and fees will apply for accessing and downloading information within the Application.

3.4 Services offered in the Application

(a) The following Services are available in the Application

(i) Loan contract details;

(ii) checking your Loan balance;

(iii) reviewing your Loan transactions;

(iv) viewing information on Loan payment options;

(v) change direct Debit Account details;

(vi) requesting some letters (for example, an account closure letter); and

(vii) requesting account closure.

(b)  Information about your Account obtained from the Application will reflect the status of your Account on our systems except any transactions processed within the last three business days, though this information may not include transactions which are yet to be processed and may be corrected (for example, if a transaction is reversed).

(c) We may add, change or remove any Services available in the Application at any time without prior notice to you.

3.5 Limitations of Use

You must:
(a) use the Application in accordance with these Terms of Use;

(b)  not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;

(c)  not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application;

(d)  not use the Application in any way that could damage, disable, overburden, impair or compromise the Application; and

(e)  comply with any applicable law and regulation relating to downloading or technology used or supported by the Application.

4. Termination

4.1 We may cancel or suspend use the Application at any time, with or without notice:

(a) if we suspect that you, or someone acting on your behalf, is being fraudulent;

(b) if the service is being misused or used inappropriately by you or another person acting on your behalf;

(c) if we believe your NOW Finance username or password is being misused or is likely to be misused;

(d) for reasons of security or quality of the Application;

(e) to prevent loss to you or us; if we believe you gave us false or misleading information to open your Account or gain access to the Application;

(f) if you are in default under your Account with us;

(g) your Account is closed;

(h) if we believe that your Account or your right to access the Application has been or is being used to further a crime; or

(i) if you fail to install any updated version of the Application.

4.2 We reserve the right to cease operating the Application at any time, without notice, and to terminate this Agreement;

4.3 On termination for any reason, you must immediately delete or remove the Application from any and all mobile devices, and immediately destroy all copies of the Application in your possession or control and certify, if we so request, confirmation that you have destroyed the copies of the Application;

4.4 At any time you may terminate this Agreement by deleting the Application from all mobile devices on which you have installed the Application.

5. Intellectual Property

Copyright in this Application (including text, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms of Use or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing in this Application.

• “NOW Finance” is a registered trademark of Now Finance Group Pty Ltd, Australian Credit Licence number 425142 as agent for NF Finco 2 Pty Ltd ACN 164 213 030, and may not be used except with our prior written consent.
• Without limiting our rights, all trademarks, brands and logos that appear on the Application are either owned by us or we have a licence to use them. Your access to and use of our Application does not license you to use those trademarks, brands and logos.

6. Privacy

6.1 To evaluate the effectiveness of the Application, we may collect statistical data on access and usage (e.g. installed date, dates used, crashes, operating system, carrier, location, etc.). No personal information is collected on these occasions.

6.2 Our Privacy and Credit Reporting Policy explains how we manage your personal information, including collection, usage and disclosure. A copy is available online at: https://nowfinance.com.au/legal-and-policies/privacy-policy.  This should be read in conjunction with the privacy disclosures we gave you for your Account.

7. Exclusion of Warranties

7.1 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Application, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Application. Subject to the Consumer Guarantees, to the maximum extent permitted by law, neither we, nor any of our officers, employees, principals or contractors, have any liability to you in contract, tort, statute or in any other way (whether arising from negligence or otherwise) for any damage or loss of any kind whatsoever (including any liability for direct, indirect, incidental, special or consequential loss, or loss of profits, loss of revenue or business opportunities, goodwill, costs, charges or expenses) sustained by you for any reason, including your use of or access to the Application or any of our products or services.

7.2 To the extent permitted by law (including the Consumer Guarantees), any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation (including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth)) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (such as the Consumer Guarantees), that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.

7.3 You access the Application at your own risk and NOW Finance accepts no responsibility for any interference, loss, damage or disruption to your own mobile device or otherwise which arises in connection with your use of the Application. You must take your own precautions to ensure that the process which you employ to obtain access to the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or otherwise cause you or any person loss, damage or corruption.

7.4 This Application and the products and services referred to are directed towards and intended for NOW Finance customer’s located in Australia only.

8. Indemnity

8.1 You agree to fully indemnify, hold harmless and defend us and our officers, employees, principals and contractors (in this clause referred to as those indemnified) against all losses, whether direct or indirect, including all liabilities, expenses, costs, loss or damage, including consequential loss (including all legal costs determined on a full indemnity basis) suffered or incurred by any of those indemnified as a result of, or arising out of, or in connection with, your use of the Application and/or any breach of these Terms of Use. To the extent that the indemnity in this clause refers to persons other than us, we hold this indemnity on trust for those other persons.

9. Software viruses

Without limiting the above, NOW Finance does not warrant that the Application, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, NOW Finance excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

10. General

10.1 Governing law

These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Victoria, Australia.

10.2 Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the State of Victoria, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.

10.3 Entire agreement

This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Application.

10.4 Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

10.5 Invalid or unenforceable provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:
(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and
(b) that fact does not affect the validity or enforceability of the remaining provisions.

10.6 No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.