APP TERMS AND CONDITIONS

These terms and conditions of use (“App Terms”) form a legal agreement between you and OneFlick Pty Ltd ACN 621 974 203 an Australian incorporated company trading as BILLI.

These App Terms govern your access to and use of the mobile applications (“App”) owned and operated by BILLI (“Services”). Your use of the Services will be subject to all applicable terms and conditions referred to collectively as the BILLI Terms as set out in our General Terms, and as amended by BILLI from time to time.

Please carefully review these App Terms before using the App or our Services.

We provide the App for free, but your phone network may charge your use of the App and substantial (data) charges may apply if you use the App in other countries.

The App and our Services are provided to you on a trial basis. This means the App and our Services may contain bugs, errors, defects and lack certain features and functionality. Accordingly, BILLI provides no warranty or assurance as to the accuracy, validity or fitness for a particular purpose of the App or the Services or that they will result in a particular outcome for you, financially or otherwise. 

1.     Our policies and terms of use

  • A more detailed explanation of our App Terms is set out below. These App Terms apply to all your interactions with BILLI. Unless otherwise stated, a reference to these App Terms also includes the BILLI Terms and any related
  • Our Privacy Policy  provides information on our collection, storage and use of the details and data you provide to us or place on our Services. That document also governs your use of our Services and forms part of the BILLI Terms.
  • The App is a form of online service and the App Terms:
    1. apply to the App;
    2. apply to your use of the App Services (as defined below); and
    3. supplement and are additional to the terms and conditions which apply to you when using any of our online services including the website Terms
  • Please carefully read each of these documents before deciding whether to join
  • Your right to use our Services and to operate an account is subject to your agreement to these App
  • If you click on the “Continue” button, you agree to be bound by these App

2.     License

  • We will grant you a license to use the App and the Services if you:
    1. register as a user by completing the application process, by downloading the App on the Apple or Google Play
    2. access the Services using a compatible device (“Device”); and
    3. agree to abide by the General Terms, and all associated terms and conditions and policies (“BILLI Terms”).
  • The License we will grant you is:
    1. a personal, non-assignable, non-transferable, non-exclusive license to use the App in accordance with the BILLI Terms, as amended from time to time; and
  1. subject to any rules or policies applied by any application store provider or operator of the site (“App Store”) that the App was downloaded
  • If you do not satisfy each of the requirements set out in clause 2.1, we will not license the App to you and you must delete the
  • BILLI® supports iOS version v.7 and later. It is recommended that you keep your device up to date to use BILLI®

3.     App use

  • You may use the App to access the following services (“App Services”):
    1. Make Peer to Peer Payments
    2. Generate Invoices
    3. Make Payments in Proximity with BILLI Pay®
    4. View and Export Statements
    5. Store Funds
    6. Make e-commerce purchase using the BILLI® Virtual VISA Card
    7. Such other services as we may make available from time to
  • The App must not be used for any purpose other than the App
  • If any open-source software is included in the App or any App Service, the terms of the relevant open-source license may override some of the BILLI
  • Updates to the App may be issued through the Appstore and those updates may require you to download the latest version of the App (and accept any new terms) before you can continue to use the App

4.     Data and locations services

  • Certain App Services will use location data sent from the Devices unless you turn off that functionality within the location services settings for the App on your
  • Subject to clause 4.3, if you use of the App or any of the App Services, you are deemed to have consented (in accordance with the Privacy Policy to our:
    1. collection and use of technical information about the Devices and related wireless, software, hardware and peripherals to improve our products and to provide the Services;
    2. collection, maintenance, processing and use of your location data and queries; and
    3. transmission of your location data and queries (using the facilities of our affiliates and licensees) to provide and improve location-based products and
  • You may withdraw this consent at any time by turning off the location services
  • Any access to a third party map through the App is subject to the separate terms and conditions of the map

5.     Your responsibilities

  • We are and will remain the owner of the App at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any
  • Your right to use the App has been licensed (not sold) to you and, other than a right to use and display the App on the Device (for your personal and business purposes only) in compliance with these App Terms, you have no rights in, or to, the App or the technology used or supported by the App or any App
  • You must delete or lock the App from a Device prior to disposing of your Device
  • You must comply with any applicable law and regulation relating to the download, use or export of the technology used or supported by the App or any App
  • You must not:
    1. modify, adapt, decompile, reverse engineer, disassemble or develop derivative works;
    2. remove, obscure, or alter the BILLI brand or the copyright notice or other notices by BILLI on our Services;
    3. not use the App or any App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these App Terms, or act fraudulently or maliciously;
    4. not use the App or any App Service in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other users;
    5. disseminate malware or other malicious code that harms or subverts our Services or a user’s enjoyment of our Services by damaging, modifying, deleting, accessing (without express consent) or expropriating any data or functionality directly or indirectly related to our Services or users of our Services;
    6. create a new account to use our Services after we have terminated your Account due to your breach of the BILLI Terms;
    7. engage in any action or practice that reflects poorly on us or otherwise disparages or devalues the reputation or goodwill of BILLI;
    8. use the App in a country where the use of the App or any App Services is unlawful; or
    9. act in any way that violates these App

6.     No guarantee 

  • The App and the App Services are provided through the App on an “as is” basis and we do not make any representation or give any warranty or guarantee in respect of the App or its
  • We will not be liable or responsible for:
    1. the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you (as it is your responsibility to ensure that the facilities and functions of the App meet your requirements); or
    2. any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the App
  • It is a condition of your use of the App and the App Service that you understand, agree and accept that:
    1. no Internet transmissions may ever be completely private or secure; and
    2. any message or information you send using the App or any App Service may be read or intercepted by others despite any encrypted transmission
  • The maximum liability to you in respect of any transaction you make using the App is to refund the amount
  • Nothing in this Agreement limits or excludes our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by
  • We have no liability for any Force Majeure Event and we warn you that our Services may be discontinued at our sole and absolute discretion or that our Services may be inoperable at times due to:
    1. down time and scheduled maintenance;
    2. outages to any public Internet backbones, networks or servers;
    3. equipment failure including the failure of third party systems local access systems; or
    4. a Force Majeure
  • A “Force Majeure Event” in this document means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside our

7.     Privacy and security

  • Your rights regarding your information we collect or hold are detailed in the Privacy Policy which is incorporated into the BILLI Terms and those terms govern the collection, storage and use of that
  • So, please carefully consider our Privacy Policy  before becoming a user of our Services or opening an Account.

8.     Copyright and trademarks

  • The trademarks, trade names, service marks and other BILLI logos and brand features, and product and service names are the property of BILLI (“BILLI Marks”).
  • You must not, without prior written permission, copy, transmit, display, perform, alter, store, license, distribute or otherwise use the BILLI
  • Other featured trademarks, words or symbols, used to identify the source of goods and services, are the trademarks of their respective
  • BILLI owns all right, title and interest, including without limitation all Intellectual Property Rights related to your use of our Services including the technology and brand of BILLI including implied licenses, but excluding any items BILLI has licensed from third
  • You will not acquire any right, title, or interest in or to our Services except as expressly set forth in these App

9.     Variation

  • We reserve the right to change our practices and/or these App Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on our
  • If you continue to use our Services after the App Terms are varied, you are deemed to have agreed to be bound by the
  • It is therefore important that you review the BILLI Terms and our policies

10.  Content

  • All of our Services may not be available or accessible in all locations at all
  • Your eligibility to use our Services is subject to our sole
  • Every effort will be made to ensure information is correct when published. However, we do not undertake any obligation or responsibility to update or amend that
  • We may at any time change such the information, or we may change or discontinue our products or our
  • Use of the information on the App is restricted. There is no intention to solicit a person to use such information, products or our Services in jurisdictions where such use is prohibited by

11.  Third partylinks

  • The App may include advertising by third parties that includes a link to a website and resources provided by a third
  • Links are only provided for your convenience and any link to a third-party website is solely provided to provide useful information or services to
  • We have no control over the content on websites operated by a third party and we make no representation or warranty in relation to the content of any third-party
  • If you elect to follow a link on your own initiative, we accept no responsibility for the opinions, ideas, products, information or services offered at such sites, nor do we make any representation concerning such site
  • You bear the responsibility for compliance with the terms of use of any other

12.  No guarantee

  • Our Services are provided on an “as is” and “as available”
  • Your use of our Services is at your sole risk and you agree that BILLI is not liable for how you manage your Account or how you elect to use our Services or the outcomes that
  • We do not guarantee the results you will achieve and BILLI takes no responsibility for your actions, choices or decisions, as they are your
  • Any information provided on the Services is intended to assist you and that information is not, nor is it intended to be, a substitute for legal, financial or other professional advice.
  • We will not be liable or responsible for:
    1. the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you (as it is your responsibility to ensure that the facilities and functions of the App meet your requirements) and is provided on a trial basis only; or
    2. any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the
  • It is a condition of your use of the App and the Services that you understand, agree and accept that:
    1. no transmissions may ever be completely private or secure; and
    2. any message or information you send using the App or any of the Services may be read or intercepted by others despite any encrypted transmission
  • Although BILLI intends to take reasonable steps to protect the integrity and reliability of our Services, BILLI does not warrant and BILLI does not give you any guarantee or representation that:
    1. our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
    2. there will be any operational stability, availability or continuation of our Services;
    3. any message, email, notice, post, answer or transmission of information will be successfully delivered or displayed; or
    4. there will be any continuation of the agreement formed under the BILLI

13.  Limited liability

  • To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to:
    1. uninterrupted or continuous availability of our Services; and
    2. implied warranties of merchantability, fitness for a particular purpose with respect to our Services under these Account
  • To the maximum extent permitted by applicable law, BILLI is not be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (“Damages”).
  • To the maximum extent permitted by applicable law, BILLI’s maximum liability to you in respect of each transaction is to refund the amount paid under that
  • To the maximum extent permitted by applicable law, we have no liability for any Force Majeure Event and we warn you that our Services may be discontinued at our sole and absolute discretion or that our Services may be inoperable at times due to:
    1. your inability to recover funds transferred under Bank Transfer payment if you entered the wrong BSB and/or account number into our system;
    2. down time and scheduled maintenance;
    3. outages to any public Internet backbones, networks or servers;
    4. equipment failure including the failure of third party local access systems; or
    5. a Force Majeure
  • A “Force Majeure Event” in this document means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside our
  • Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to
  • Nothing in this Agreement limits or excludes our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by

14.  Local laws

  • These App Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into these App Terms that cannot be
  • If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then liability of BILLI is limited to that
  • If any provision in these App Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve
  • If necessary the invalid provision will be deleted from these App Terms and the remaining provisions will remain in full force and

15.  Termination

  • BILLI may refuse to approve or decide to terminate an existing Account or your use and access to our Services at any time and at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law).
  • We reserve the right to cease providing our Services or operating the App at any time without

16.  Governing laws

1.1. The laws of New South Wales govern any agreement formed under these App Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.

 

[End of App Terms]

OneFlick Pty Ltd t/as BILLI (ACN: 621 974 203) is a Corporate Authorised Representative (AR No. 001281992) of Flexewallet Pty Ltd A.C.N. 164 657 032 which holds an Australian Financial Services Licence (AFSL no. 448066). The information contained on this website is general advice that has been prepared without taking account of your objectives, financial situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your objectives, financial situation and needs. You should read and consider the relevant Product Disclosure Statement before making a decision about whether to purchase any financial products. OneFlick is the corporate entity that shall be authorised to provide financial services to people residing in Australia. It is not registered with regulators outside Australia and does not target residents of countries outside of Australia.