Terms of Use

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.

15. ConnectID Identity Verification

15.1 Verifying your identity with ConnectID

15.1.1 ConnectID is a digital identity service run by Australian Payments Plus (AP+); in these terms we call whoever operates it the ConnectID Operator. It lets an organisation you already deal with (usually your bank, which we call an Identity Provider) confirm who you are to us, so that you do not have to hand your identity documents to us.

15.1.2 If you choose ConnectID, we ask you to consent to your Identity Provider confirming your given name, your family name and your email address to us. Each of those three is a condition of the request: if your Identity Provider cannot confirm one of them, the exchange does not proceed. We call each such exchange a Digital Identity Transaction.

15.1.3 Where the journey you are in requires it, we may also ask your Identity Provider to confirm your telephone number. That one is optional: your Identity Provider may not hold it, you may choose not to share it, and a Digital Identity Transaction still completes without it. We ask for nothing else through ConnectID.

15.1.4 Using ConnectID is your choice. If you do not consent, we do not collect any of that information about you through ConnectID, and an alternative way to give us those details or to verify your identity is available to you.

15.1.5 Your Identity Provider sends the information straight to us. The ConnectID Operator does not see or hold it. Each Digital Identity Transaction is a one-off transfer: if we need your Identity Provider to confirm something again, even the same information, we ask for your consent again and it is a new Digital Identity Transaction.

15.2 Who can use ConnectID

15.2.1 To use ConnectID with FUNDiMO you must meet the eligibility requirements in clause 3 and hold an account with an Identity Provider that takes part in ConnectID, with which you have verified your identity within the last five years. We offer ConnectID only in the parts of FUNDiMO where we have enabled it. If you are not eligible, or your Identity Provider does not offer ConnectID, we will verify your identity another way.

15.3 What you acknowledge and agree to

15.3.1 When you use ConnectID, you acknowledge and agree that:

15.3.1.1 we collect, use, disclose and store the information your Identity Provider confirms as set out in our privacy policy, which you should read before you consent;

15.3.1.2 your Identity Provider will show you the information it is about to confirm and ask for your express consent before it sends anything; your Identity Provider, not FUNDiMO, decides whether it can confirm your identity, and we act on what it tells us;

15.3.1.3 the ConnectID Operator and your Identity Provider handle your information under their own terms and privacy notices, which are not ours and which you should also read. Once your Identity Provider has sent information to us, it no longer controls that copy and is not responsible for how we keep it: these terms and our privacy policy govern what we do with it, not your agreement with your Identity Provider;

15.3.1.4 you consent to us giving your Identity Provider information about a security or data incident affecting your Identity Data, including your personal information, for the sole purpose of preventing or responding to cyber security incidents, fraud, scam activity or identity theft;

15.3.1.5 neither we nor the ConnectID Operator endorses, recommends or makes any representation about any Identity Provider, including about its security or privacy practices, and, to the maximum extent the law permits, neither we nor the ConnectID Operator is liable to you for anything an Identity Provider does or fails to do; and

15.3.1.6 the exclusions in this clause 15.3 that relate to the ConnectID Operator, and the other exclusions and limitations of liability in these terms so far as they relate to a Digital Identity Transaction, apply to the ConnectID Operator as they apply to us, and we hold the benefit of them on trust for the ConnectID Operator, so that it can rely on them even though it is not a party to these terms. Clauses 15.3.1.5 and 15.3.1.6 are subject to clause 14.2, and nothing in them excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

15.3.2 FUNDiMO does not participate in the Consumer Data Right scheme. A Digital Identity Transaction operates separately from that scheme and is not a disclosure of your information under it.

15.4 When we may not offer ConnectID

15.4.1 We may withdraw or suspend ConnectID verification at any time. We, or your Identity Provider, may also be unable to offer it, or to complete a Digital Identity Transaction for you, where: the thing you are doing with us is not one we use ConnectID for; you are not eligible, or your Identity Provider cannot supply what we ask for; there are reasonable grounds to suspect fraud, including identity fraud, or a security incident involving you, the transaction or your Identity Provider; our participation in ConnectID has been suspended or ended; or the transaction needs a person to look at it, for example because you are in a vulnerable situation. If that happens we will tell you and, where you are otherwise eligible, verify your identity another way.

15.5 Cost

15.5.1 We do not charge you a fee for a Digital Identity Transaction. Your own internet or mobile charges may still apply.

15.6 Access, correction and reporting fraud

15.6.1 You may ask us for access to, or correction of, the personal information we hold about you from a Digital Identity Transaction. Our privacy policy explains how to ask and how we respond.

15.6.2 Where the information your Identity Provider confirmed is itself wrong, you will usually also need to ask that Identity Provider to correct its own records, because what we hold is a copy of what it told us.

15.6.3 You must tell us as soon as possible if you suspect identity fraud involving your FUNDiMO account or your Identity Data, or a Digital Identity Transaction you did not authorise. You do not need to be certain before you tell us.

15.7 Complaints

15.7.1 If you have a complaint about a Digital Identity Transaction, tell us at complaints@fundimo.com.au. We handle it under our Complaint Handling Procedure, and clause 11 applies to any dispute.

15.7.2 Where your complaint is about your Identity Provider (for example, about information it confirmed about you), you may also make that complaint directly to that Identity Provider.

15.8 What these words mean

15.8.1 "ConnectID" means the digital identity service of that name, operated by the ConnectID Operator, through which an Identity Provider can confirm your identity to us.

15.8.2 "ConnectID Operator" means ConnectID Pty Ltd (ABN 80 648 970 101), part of the Australian Payments Plus (AP+) group, or any of its related bodies corporate as the Corporations Act 2001 (Cth) defines that term.

15.8.3 "Identity Provider" means an organisation, usually a bank, that takes part in ConnectID and can confirm your identity to us with your consent.

15.8.4 "Digital Identity Transaction" means a single exchange in which, with your consent, an Identity Provider confirms your identity information to us through ConnectID.

15.8.5 "Identity Data" means the information about you that is confirmed, or asked to be confirmed, in a Digital Identity Transaction. It includes personal information as the Privacy Act 1988 (Cth) defines that term, and we handle it as our privacy policy says.