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Important information you need to know
The ANNA Platform Customer Agreement
Please read this Agreement carefully before you activate your User account or use any of our services. This information forms the Agreement between you and ANNA Money Pty Ltd (ANNA) for the services that ANNA provides to you in connection with our platform, your User account, the ANNA Money App and any associated services that we may provide to you. By confirming that you accept the terms of this User Agreement, or by activating your User account and using our services, you accept this Agreement.
It is important that you read and agree to the terms of use of the ANNA Platform as your agreement to those terms are required in order for ANNA to provide you the services described in this Agreement.
If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 15 of this Agreement before using any of our services.
By agreeing to ANNA’s terms, you also in turn agree to abide by the Hay Limited Terms and conditions set out by ANNA’s business account provider (Hay Limited (ABN 34 629 037 403), applicable whenever using the Business Account feature in ANNA.1. Definitions
User Account Number – This is your unique User account number accessible through the Self Service Account Management Portal.
Agreement – This agreement as varied from time to time.
ANNA – ANNA Money Pty Ltd, a company registered in New South Wales, Australia with ACN 681 600 073 and whose registered office is at 212 Cumberland St, Sydney NSW 2000.
ANNA Money App – The application made available to you pursuant to this Agreement by ANNA, as downloaded from the Website, Apple Store or Google Play App Store, as updated from time to time.
ANNA Platform - The products and services made available to you by ANNA and which you access when interacting with ANNA, including (but not limited to) the ANNA Money App and Dashboard.
Applicant – The person applying for a User Account.
Dashboard - means the online portal where you can access admin tools to help manage your business. Access to your Dashboard is available by logging in at annamoney.au.
Business Days – A day, other than Saturday, Sunday or public holiday in NSW.
Customer Services – The service responsible for supporting queries relating to your User account. Contact details for Customer Services can be found in paragraph 15.
Force Majeure – Any event outside the reasonable control of the performing party that affects its ability to perform its obligations under this Agreement, including without limitation failure of internet connectivity, strikes, failure of utility supply, an act of God, fire, earthquake, war, revolution, act of terrorism, riot or civil commotion.
Information – Any information provided to ANNA related to the User, and any personal information (within the meaning of that term in the Privacy Act 1988 (Cth)) related to an Applicant, and any representative of the User including a telephone number.
Institution – An Incorporated Business or an Unincorporated Business.
Incorporated Business – A company, corporate trustee, incorporated association or an incorporated government body incorporated in Australia.
Unincorporated Business – A sole trader or individual trustee resident in Australia, a partnership established in Australia.
Prohibited Activity – Any activity set out at Appendix 1 to this Agreement.
Prohibited Purpose – Any purpose set out at Appendix 2 to this Agreement.
Self Service Account Management Portal – A mobile App or online portal that allows you to have access to your User account, and functions such as receiving support, submitting Information and forms.
we, us or our – ANNA Money Pty Ltd, a company registered in New South Wales, Australia with ACN 681600073 and whose registered office is at 212 Cumberland St, Sydney NSW 2000.
Website – www.annamoney.au
you, your – the registered User for the ANNA Platform and its services.
Interpretation
In this Agreement, unless the context requires otherwise:
words in the singular include the plural and vice versa and words in one gender include any other gender;
A reference to a statute or statutory provision includes:
any legislative instrument made under it;
any statute or statutory provision which modifies, consolidates, re-enacts, or supersedes it, whether such statute or statutory provision comes into force before or after the date of this Agreement.
a reference to:
any party includes its successors in title and permitted assigns;
words importing persons shall include any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
a clause, section, schedule or paragraph is a reference to the clause, section, schedule, or paragraph of, or to, this Agreement. References to a paragraph made in a schedule to this Agreement shall, unless otherwise specified, be deemed to be a reference to a paragraph of that schedule;
the words "including", "include", "for example", "in particular" and words of similar effect shall not be deemed to limit the general effect of the words which precede them and "including", "include" and "for example" shall be deemed to have the words "but not limited to" following them
2. Scope of this agreement
2.1 This agreement sets out the terms for your access to the ANNA Platform.
2.2 You agree that we may communicate with you by e-mail, SMS, phone, social media messages and via the Self Service Account Management Portal notifications for issuing any notices or information about your User account and therefore it is important that you ensure you keep your e-mail address, mobile phone number and other contact details updated via the Self Service Account Management Portal so we can contact you.
2.2 You agree that we may communicate with you by e-mail, SMS, phone, social media messages and via the Self Service Account Management Portal notifications for issuing any notices or information about your User account and therefore it is important that you ensure you keep your e-mail address, mobile phone number and other contact details updated via the Self Service Account Management Portal so we can contact you.
3. Applying for the ANNA Platform services
3.1 Representations
In applying to open a User account, you are deemed to represent and warrant to us that your Institution has all the required permissions and approvals in place in order to:
In applying to open a User account, you are deemed to represent and warrant to us that your Institution is in full compliance with the requirements of applicable tax legislation.
In the case of an Unincorporated Business applying to open a User account, you are deemed to represent and warrant that:
You represent and warrant that you are authorised to provide and will provide all information to us that we may require in connection with your User account and to allow us to identify or authenticate the identity of you, your directors, ultimate beneficial owners and partners (as appropriate) or employees and validate your funding sources.
3.2 Your User account will be made available by ANNA on the basis of the Information that has been provided to us. You must ensure you provide accurate Information. In addition, you agree to notify us in the manner set out at paragraph 12.1 of any changes to the Information before the changes take place or as soon as possible afterwards to ensure that our records remain correct. Such changes to the Information might include personal details, line of business, directors’ capacity, trading and registered address, director’s home address, and any other material information about your Institution’s activities.
3.3 The User is responsible for any act or omission of each partner, director, authorised manager or employee or other representative and shall ensure their compliance with this Agreement.
3.4 We may share information with fraud prevention organisations which will use it for identity verification and prevention of fraud and money-laundering. If fraud is detected, the relevant individual or entity could be refused finance, employment, contract, tenancy or certain services. Further details on how Information will be used by us and fraud prevention agencies, as well as your data protection rights, can be found in our Privacy Policy at www.annamoney.au/privacy-policy/.
4. Using the ANNA Platform
4.1 We may from time to time introduce new services; if we do that, we will explain this in the ANNA Money App or otherwise let you know.
5. Applying for the ANNA Money Business Account
5.1 ANNA makes available to qualifying Users a business account that can be used to help manage your business’s financial activities. The business account is subject to its own rules and terms, and information can be found here - www.annamoney.au/hay-terms-and-conditions/.
6. Cancelling, closing your User account
6.1 If you wish to cancel all access to ANNA’s services, please indicate this by messaging Customer Services. Any outstanding fees and charges related to your ANNA services remain payable and will be charged as per clause 6.2.
6.2 If we find any additional ANNA Money fees or charges have been incurred on your User account following the closure of your account, we will send an itemised invoice or notification to you and we will require you to refund us immediately after receiving the invoice or notification. Should you not repay this amount immediately after receiving an invoice or notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
7. Your liability and authorisations
7.1 You are responsible for the use of your User account.
7.2 We may restrict or refuse to authorise any use of your User account if using the ANNA Platform is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the User account.
7.3 You must ensure that you do not:
enter the passcode in any device that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
7.4 It is your responsibility to keep us updated of changes to the Information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding your User account.
7.5 You agree to indemnify and hold harmless, us and our partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and any breach of this Agreement or use of the ANNA Money App, Self Service Account Management Portal log in details, or passcode by or authorised by either you, which is in connection with a Prohibited Activity or Prohibited Purpose.
7.6 The Self Service Account Management Portal is only supported on devices where the operating system has not been modified, or jailbroken, or configured to allow software installation from sources other than those approved by ANNA (including but not limited to the Apple App Store and Google Play). Use of the Self Service Account Management Portal on such a device is at your risk and ANNA shall not be held responsible for any loss or data, Information or financial loss.
8. Fees
8.1 Your Account is subject to the fees set out on the ANNA Website. Fees will be charged to the card entered when you first sign up for your Account on the date they are due. If your payment is unsuccessful, ANNA will endeavour to contact you for alternative payment options to ensure continued access to the Platform.
9. Variation
9.1 Subject to the other provisions in this paragraph 9, we may change this Agreement, including fees, by providing you with at least two months' prior notice by e-mail (using the latest e-mail address you have provided to us) and will ensure the most recent version is always available in the Document Centre on the Self Service Account Management Portal.
9.2 If you do not agree with the changes to the Agreement, you may at any time within the two month notice period terminate your Agreement and close your User account in accordance with paragraph 6.1 at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you from the end of the two month notice period.
9.3 Where an amendment to this Agreement is required by law or relates to the addition of a new service, additional functionality for the User account or any other change that neither reduces your rights nor increases your responsibilities, the amendment may be made with ten days prior notice by email. In the event that you do not cancel during this period then you will be deemed to have accepted the amendment and the changes will apply to you from the end of the ten day period.
10. Termination or suspension
10.1 In addition to the rights set out elsewhere in this Agreement, we can terminate this Agreement at any time:
10.2 We can suspend or terminate any of our services at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
10.3 In the event that we do suspend or terminate your User account then if we are able to do so, we will use reasonable efforts to tell you in advance, otherwise we will let you know immediately afterwards (to the extent that we are permitted by law).
10.4 In the event that any additional fees are found to have been incurred on your User account following termination by either you or us, then subject to this Agreement, you shall pay to us any sum which relates to fees and/or charges validly applied whether before or after termination. We will send notification to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
10.5 We may restrict access to your User account at our sole discretion if we suspect you have breached the terms of this Agreement.
11. Our liability
11.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
11.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
11.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
11.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates, and other suppliers, contractors, agents and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
12. Your information
12.1 You are required to provide us with your Information from time to time so we can provide our services to you. You must update any changes to the Information via the Self Service Account Management Portal. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. We shall not be liable for any losses arising out of your failure to maintain up to date information.
12.2 We and our affiliates are committed to maintaining your Information in accordance with the requirements of applicable data protection legislation and all data will be held and used in accordance with our Privacy Policy, which can be accessed here - www.annamoney.au/privacy-policy/.
12.3 We may at any time confidentially verify the information you provide us or we obtain ourselves on you, your directors, ultimate beneficial owners and partners (as appropriate) through third parties from secure databases. By entering into these terms and conditions, you confirm that you and all of your directors, partners, ultimate beneficial owners (as appropriate) consent to us or a third party on our behalf carrying out such verifications.
13. Complaints procedure
13.1 Complaints regarding any element of the service provided by us can be sent to Customer Services via instant messaging through the Self Service Account Management Portal or by contacting us at support@annamoney.au.
13.2 All complaints will be subject to our complaints procedure, according to which we will try to resolve any complaints you have about the service we provide within thirty business days of receiving your complaint, or in exceptional circumstances, within forty five business days of receiving your complaint. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.
14. General
14.1 For an Unincorporated Business User account, we may not transfer your User account to a new User, nor will we transfer an Unincorporated Business User account to an Incorporated Business User account.
14.2 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
14.3 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
14.4 You may not assign or transfer any of your rights or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all User account(s) issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
14.5 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.
14.6 This Agreement is governed by New South Wales law and you agree to the exclusive jurisdiction of the courts of New South Wales and Australia.
14.7 If a party performing an obligation under this Agreement (“Performing Party”) is affected by Force Majeure it shall notify the other party as soon as possible (the “Non-Performing Party”) in writing of the matters constituting the Force Majeure. The Performing Party affected by Force Majeure shall take all reasonable steps available to it to minimise the effects of Force Majeure on the performance of its obligations under this Agreement. The Performing Party shall not be in breach of this Agreement or otherwise liable to the Non-Performing Party, by reason of any delay in performance, or non-performance of any of its obligations due to the Force Majeure. If the Force Majeure continues for longer than twenty one days, either party may, at any time while such Force Majeure continues, by notice in writing to the other party, terminate (without liability) this Agreement.
15. Contacting customer services
15.1 If you have a query regarding your User account, you can send us an instant message via the Self Service Account Management Portal, or via support@annamoney.au.
Appendix 1 – Prohibited Activity
Each of the following is a Prohibited Activity
items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
"payday loans" or other lending services (provided that such prohibition does not extend to the provision of payroll services, or to facilitating payments on behalf of loan companies that are duly authorised to lend money);
items that may be counterfeit including but not limited to: counterfeit designer handbags, counterfeit clothing and accessories, and counterfeit consumer electronics;
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
items that encourage, promote, facilitate or instruct others to engage in illegal activity;
items that promote, support or glorify acts of violence or harm towards oneself or others;
drugs or drug paraphernalia, (provided that such prohibition does not extend to cannabidiol-related businesses that only deal in products up to the maximum permitted cannabidiol concentration).
Appendix 2 – Prohibited Purpose
Each of the following is a Prohibited Purpose