MOBILE APP TERMS AND CONDITIONS OF USE

1. About the Application

1.1. Welcome to aircrex (the 'Application'). The Application personal financial management leveraging Open Banking enables Buy Now Pay Later and Banking products. (the 'Services').
1.2. The Application is operated by aircrex Pty Ltd PTY. LTD. (ACN 637 950 497) . Access to and use of the Application, or any of its associated Products or Services, is provided by aircrex Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.3. aircrex Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When aircrex Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by aircrex Pty Ltd in the user interface.

3. Subscription to use the Services

3. Subscription to use the Services

3.1. In order to access the Services, you must first purchase a subscription through the Application (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the 'Account').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

3.5. You warrant that any information you give to aircrex Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

5. Payment

5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:

5.2. All payments made in the course of your use of the Services are made using Credit Cards. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Credit Cards terms and conditions which are available on their Application.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
5.4. You agree and acknowledge that aircrex Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Refund Policy

aircrex Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of aircrex Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

7. Copyright and Intellectual Property

7.1. The Application, the Services and all of the related products of aircrex Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by aircrex Pty Ltd or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by aircrex Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

aircrex Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by aircrex Pty Ltd.
7.3. aircrex Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
  • (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 7.4. You may not, without the prior written permission of aircrex Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

    8. Privacy

    aircrex Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to aircrex Pty Ltd's Privacy Policy, which is available on the Application and at www.aircrex.com/privacy-policy.

    9. General Disclaimer

    9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    9.2. Subject to this clause, and to the extent permitted by law:

    9.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of aircrex Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of aircrex Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    10. Education Services

    10.1. By using our services, you agree that aircrex Pty Ltd is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold aircrex Pty Ltd liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by aircrex Pty Ltd.

    10.2. All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and aircrex Pty Ltd takes no responsibility for your actions, choices or decisions.

    11. Competitors

    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of aircrex Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, aircrex Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

    12. Limitation of liability

    12.1. aircrex Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    12.2. You expressly understand and agree that aircrex Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    13. Termination of Contract

    13.1. The Terms will continue to apply until terminated by either you or by aircrex Pty Ltd as set out below.
    13.2. If you want to terminate the Terms, you may do so by:

    Your notice should be sent, in writing, to aircrex Pty Ltd via the 'Contact Us' link on our homepage.
    13.3. aircrex Pty Ltd may at any time, terminate the Terms with you if:
    13.4. Subject to local applicable laws, aircrex Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts aircrex Pty Ltd's name or reputation or violates the rights of those of another party.

    14. Indemnity

    14.1. You agree to indemnify aircrex Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    15. Dispute Resolution

    15.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    15.2. Notice:
    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    15.3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

    15.4. Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    15.5. Termination of Mediation:
    If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

    16. Venue and Jurisdiction

    The Services offered by aircrex Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

    17. Governing Law

    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

    18. Independent Legal Advice

    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

    19. Severance

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

  • APPLICATION PRIVACY POLICY

    aircrex Pty Ltd

    1. We respect your privacy

    1.1. aircrex Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and software application users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

    1.2. "Personal information" is information we hold which is identifiable as being about you.

    2. Collection of personal information

    2.1. aircrex Pty Ltd will, from time to time, receive and store personal information you enter onto our software application aircrex, provide to us directly or give to us in other forms.

    2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

    2.3. Additionally, we may also collect any other information you provide while interacting with us.

    3. How we collect your personal information

    3.1. aircrex Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

    4. Use of your personal information

    4.1. aircrex Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

    4.2. The Application may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.

    aircrex Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

    5. Disclosure of your personal information

    5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

    5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

    5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of aircrex Pty Ltd, its application, website and customers or third parties.

    5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Vietnam.

    5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

    5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

    6. Security of your personal information

    6.1. aircrex Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

    6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

    7. Access to your personal information

    7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988(Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]

    7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

    8. Complaints about privacy

    8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 2/397 Riley Street, Surry Hills, New South Wales, 2010. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

    9. Op out right

    9.1. You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at [email protected]

    10. Changes to Privacy Policy

    10.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

    11. Software Application

    11.1. When you use our Application
    When you come to our application we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

    11.2. Cookies
    We may from time to time use cookies on our software application. Cookies are very small files which a website uses to identify you when you come back to the application and to store details about your use of the application. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your devise settings. However, this may prevent you from taking full advantage of our application.

    11.3. Automatic collection
    The software Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

    11.4. Third parties
    Our software application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that aircrex Pty Ltd is not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.

    11.5. Geo-location
    When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.