Terms & Policies
Terms of Use
1. Introduction
1.1 These Terms of Use govern your access to and use of FUNDiMO's platform, including our website, mobile applications, and services. By using FUNDiMO, you agree to be bound by these terms.
1.2 FUNDiMO provides a marketplace and payment platform that connects consumers with businesses through real-time payments and discounts.
1.3 These terms apply to both consumers and businesses using our platform.
2. Definitions
2.1 "Platform" refers to FUNDiMO's website, mobile applications, and all related services.
2.2 "FUN ID" refers to your unique three-word identifier on the platform (e.g., "horse.green.hope").
2.3 "Consumer" refers to individuals using the platform to discover and purchase goods and services.
2.4 "Business" refers to merchants, vendors, and service providers selling through the platform.
2.5 "PayTo" refers to the real-time payment system provided by Australian Payments Plus via the New Payments Platform.
3. Eligibility
3.1 To use FUNDiMO, you must:
3.1.1 Be at least 18 years of age.
3.1.2 Be a resident of Australia.
3.1.3 Have the legal capacity to enter into binding contracts.
3.1.4 Provide accurate and complete information during registration.
3.1.5 Not be prohibited from using the platform under Australian law.
3.2 Businesses must additionally be registered and authorised to conduct business in Australia.
4. Consumer Terms
This clause 4 only applies to you if you are a consumer purchasing goods and services via the Platform.
4.1 Account and FUN ID
4.1.1 You will be assigned a unique FUN ID upon registration.
4.1.2 You are responsible for maintaining the confidentiality of your account credentials.
4.1.3 You may not transfer or sell your FUN ID to another person.
4.1.4 You are responsible for all activities that occur under your account.
4.2 Payments and PayTo
4.2.1 Payments are processed through PayTo, a real-time payment system.
4.2.2 You authorise FUNDiMO to initiate payments from your linked bank account.
4.2.3 You control payment limits through your bank's PayTo settings.
4.2.4 You may cancel or modify PayTo agreements through your bank at any time.
4.2.5 All payments are final once processed, subject to our refund policy (or the business' refund policy, where you are purchasing from a business).
4.3 Discounts and Offers
4.3.1 Discounts are provided at the sole discretion of businesses.
4.3.2 Discount terms are set by individual businesses.
4.3.3 FUNDiMO is not responsible for the validity or availability of discounts.
4.3.4 Discounts may be modified or cancelled by businesses at any time.
4.4 Consumer Responsibilities
4.4.1 Provide accurate payment and contact information.
4.4.2 Use the platform only for lawful purposes.
4.4.3 Not engage in fraudulent or abusive behaviour.
4.4.4 Not attempt to manipulate the platform or its features.
4.4.5 Comply with all applicable laws and regulations.
5. Business Terms
This clause 5 only applies to you if you are a business selling goods and services via the Platform.
5.1 Business Account
5.1.1 You must provide accurate business registration information including your ABN.
5.1.2 You are responsible for maintaining current business details.
5.1.3 The person who establishes your account must have the authority to bind you to these terms.
5.1.4 You may designate authorised users to manage your account.
5.2 Agency
5.2.1 During the Term, you appoint FUNDiMO, and FUNDiMO accepts its appointment, to act as your limited agent and, on your behalf, to:
5.2.1.1 advertise and promote your products and services on the Platform using the content provided by you and in accordance with FUNDiMO's policies and procedures from time to time;
5.2.1.2 facilitate the contracts for the supply of your products and services via the Platform, on your standard terms and conditions and at the price set by you;
5.2.1.3 clearly indicate that you sell your products and services via the Platform directly to customers both generally and in specific communications with customers and potential customers;
5.2.1.4 issue, or direct third-party businesses to issue, transaction invoices to customers on your behalf for the supply of your goods and services via the Platform upon completion of the transaction;
5.2.1.5 collect, or direct third-party businesses to collect, from customers on your behalf the price for the purchased goods or services;
5.2.1.6 remit, or direct third-party businesses to remit, payment to you in the amount of the price for your goods or services, less transaction fees;
5.2.1.7 share with third-party businesses your data as it relates to your account with such third-party vendors, including without limitation, contact information, transaction information, and payment information, so as to facilitate any of the matters referenced above where we may use third party businesses.
5.2.2 FUNDiMO's appointment as your agent under these terms is limited to the matters set out in paragraphs 5.2.1.1 to 5.2.1.7 above. We are not appointed as your agent in respect of the delivery of any of your goods or services to the customer. FUNDiMO is also not appointed as your agent in respect of any dealings with any customer regarding post-supply enquiries or complaints relating to your goods or services, including but not limited to warranty claims, faulty goods, or refund requests.
5.2.3 You acknowledge that the Platform is used to promote, advertise and sell products offered by a number of third-party suppliers (including, potentially, your competitors) and agree that, subject to FUNDiMO's duty to act in your interests under its appointment by you as your limited agent in respect of the matters set out in clause 5.2.1 above, FUNDiMO is permitted to promote, advertise and sell its own products or the products of any third-party supplier (including your competitors).
5.3 Catalog and Listings
5.3.1 You are responsible for the accuracy of all product and service listings.
5.3.2 Listings must comply with all applicable laws and regulations.
5.3.3 Prices must be clearly stated and honoured when displayed.
5.3.4 You must promptly update listings for availability and pricing changes.
5.3.5 FUNDiMO reserves the right to remove non-compliant listings.
5.4 Payments and Fees
5.4.1 FUNDiMO charges you a transaction fee for each payment we receive in our capacity as your limited agent and remit to you, such fees to be detailed in the merchant specific schedule we provide to you.
5.4.2 Where we receive payments as your agent, we will remit them to your designated bank account in real-time upon each successful transaction, unless otherwise specified in your merchant schedule.
5.4.3 You are responsible for all taxes related to your sales. Where you specify GST is a component of the price, and we receive payment in our capacity as your limited agent, we will remit the GST component to you. We will not settle any GST or other tax obligations on your behalf and this does not form part of our appointment as your limited agent.
5.5 Discounts
5.5.1 You may create and manage discounts on your products and services.
5.5.2 You are responsible for honouring all active discounts.
5.6 Business Responsibilities
5.6.1 You must:
5.6.1.1 Fulfil all orders placed through the platform.
5.6.1.2 Provide quality goods and services as described.
5.6.1.3 Respond to consumer inquiries in a timely manner.
5.6.1.4 Comply with all consumer protection laws.
5.6.1.5 Maintain appropriate business licences and permits.
5.6.1.6 Not engage in deceptive or fraudulent practices.
6. Prohibited Activities
6.1 All users (consumers and businesses) must not:
6.1.1 Violate any laws, regulations, or third-party rights.
6.1.2 Use the platform for fraudulent, abusive, or harmful purposes.
6.1.3 Attempt to gain unauthorised access to the platform or other accounts.
6.1.4 Interfere with or disrupt the platform's operation.
6.1.5 Use automated systems (bots, scrapers) without authorisation.
6.1.6 Impersonate another person or entity.
6.1.7 Share or sell account credentials.
6.1.8 Engage in any activity that could damage FUNDiMO's reputation.
7. Intellectual Property
7.1 All content on the platform, including text, graphics, logos, software, and trademarks, is owned by FUNDiMO or its licensors and is protected by intellectual property laws.
7.2 You may not:
7.2.1 Copy, modify, or distribute platform content without authorisation.
7.2.2 Use FUNDiMO's trademarks or branding without permission.
7.2.3 Reverse engineer or attempt to extract source code from the platform.
7.3 Businesses retain ownership of their product listings and content but grant FUNDiMO a licence to display and promote this content on the platform.
8. Disclaimers and Limitation of Liability
8.1 The platform is provided "as is" without warranties of any kind.
8.2 FUNDiMO does not guarantee:
8.2.1 Uninterrupted or error-free operation.
8.2.2 The accuracy of listings or user-generated content.
8.2.3 The quality or availability of goods and services from businesses.
8.2.4 That the platform will meet your specific requirements.
8.3 To the maximum extent permitted by law, FUNDiMO is not liable for:
8.3.1 Indirect, incidental, or consequential damages.
8.3.2 Disputes between consumers and businesses.
8.3.3 Loss of profits, data, or business opportunities.
8.3.4 Actions or omissions of third parties, including payment processors.
8.4 Our total liability for any claim is limited to the amount you paid to FUNDiMO in the 12 months preceding the claim.
9. Indemnification
9.1 You agree to indemnify and hold harmless FUNDiMO, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
9.1.1 Your use of the platform.
9.1.2 Your violation of these terms.
9.1.3 Your violation of any laws or third-party rights.
9.1.4 For businesses: your products, services, or business practices.
10. Termination
10.1 You may close your account at any time through your account settings.
10.2 FUNDiMO may suspend or terminate your account if you:
10.2.1 Violate these terms.
10.2.2 Engage in fraudulent or abusive behaviour.
10.2.3 Fail to pay fees owed (for businesses).
10.2.4 Provide false or misleading information.
10.3 Upon termination:
10.3.1 Your access to the platform will be revoked.
10.3.2 Outstanding payments will be processed (businesses).
10.3.3 You remain liable for any obligations incurred before termination.
11. Dispute Resolution
11.1 If you have a dispute with another user (consumer or business), FUNDiMO may assist in facilitating communication but is not responsible for resolving the dispute.
11.2 For disputes with FUNDiMO, you agree to first attempt to resolve the issue by contacting our support team.
11.3 These terms are governed by the laws of the State of Queensland, Australia.
11.4 Any legal disputes will be resolved in the courts of Queensland, Australia.
12. Changes to Terms
12.1 We may update these terms from time to time.
12.2 We will notify you of significant changes by email or through a notice on the platform.
12.3 Your continued use of the platform after changes take effect constitutes acceptance of the new terms.
13. Contact Us
13.1 If you have questions about these terms of use, please contact us at:
Email: legal@fundimo.com.au
Support: support@fundimo.com.au
14. Compliance and Regulation
14.1 FUNDiMO operates in compliance with Australian consumer protection laws, including the Australian Consumer Law (ACL) and the Competition and Consumer Act 2010 (Cth).
14.2 Nothing in these terms excludes, restricts, or modifies any consumer guarantees, warranties, or other rights under the ACL or other laws that cannot be lawfully excluded.