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Terms & Conditions

About the Application

  • Welcome to FinWhiz (Application). The Application provides you with an opportunity to browse and purchase various products that have been listed for sale through the Application (Products). The Application provides this service by way of granting you access to the content on the Application (Purchase Services).
  • The Application is operated by FinWhiz Pty Ltd (ACN 670317441). Access to and use of the Application, or any of its associated Products or Purchase Services, is provided by FinWhiz Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately.

Acceptance of Terms

  • By registering for an account, signing in, or logging in to the FinWhiz mobile application (the “App”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”) and the FinWhiz Privacy Policy (the “Privacy Policy”), as each may be updated from time to time.
  • Your continued access to or use of the App following each login constitutes your ongoing acceptance of the then-current Terms and Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must immediately cease using the App and deactivate your account.
  • Where you access the App on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” in these Terms shall include that entity.
  • Before you continue, we recommend you keep a copy of these Terms for your records. The most current version will always be accessible within the App, and it is your responsibility to review these Terms and the Privacy Policy periodically. Please refer to the “Effective date” of the latest terms and conditions appearing in the Header.

Changes to These Terms

  • FinWhiz Pty Ltd (“FinWhiz”, “we”, “us”, or “our”) reserves the right to review and change any of these Terms by updating this page at its sole discretion.
  • Where a change materially affects your rights or obligations — including changes to pricing, subscription structure, or payment terms — FinWhiz will provide at least sixty (60) days’ prior written notice via email to your registered address or via in-Application notification.
  • Material changes will apply only to future subscription renewals and will not apply during a current paid subscription period.
  • If you do not agree to a material change, you may cancel your subscription and delete your account before the change takes effect without penalty. Instructions for cancellation and deletion are available only within the App under Account Settings. Note removing the App from your mobile screen does not cancel subscriptions. Subscriptions cancelled before the next auto-renew date can still be accessed until that date.
  • Changes that are administrative or clarifying in nature, or that are required by applicable law or regulation, may take effect immediately upon publication without prior notice.

Registration to use the Purchase Services

  • In order to access the Purchase Services, you must first register as a user of the Application. As part of the registration or onboarding process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Email address
    2. Telephone number
    3. Password
    4. Date of Birth
    5. Life Stage
    6. Complete Money Profile Quiz
    7. First Name, Surname
    8. Biometrics
  • You warrant that any information you give to FinWhiz Pty Ltd in the course of completing the registration process, and at all times during your use of the Purchase Services, will be accurate, correct, complete, and up to date. You agree to promptly update your information if it changes.
  • Accuracy of Profile Data and Impact on Insights
    1. You acknowledge and agree that the information you provide under clause 4(a) — including your Date of Birth, Life Stage, and Money Profile — is used by FinWhiz to generate personalised money persona, financial & behavioural insights, calculations, recommendations and prompts within the Application (the “Insights”).
    2. The accuracy, relevance, and usefulness of the Insights are directly dependent on the accuracy and completeness of the information you provide. If the information you provide is inaccurate, incomplete, outdated, or does not reflect your actual financial circumstances, the Insights generated may be incorrect, misleading, or unsuitable for your situation.
    3. FinWhiz Pty Ltd does not independently verify the information you provide and accepts no responsibility or liability for Insights that are inaccurate, incomplete, or unsuitable as a result of inaccurate or incomplete information provided by you.
    4. The Insights provided through the Application are generated based on the personal information inputted by the user. The insights are personalised content / information and not advice. The insights do not constitute financial advice, legal advice, or any other form of professional advice. You should seek independent professional advice before making any financial decisions.
    5. You are solely responsible for ensuring that your profile information remains current and accurately reflects your circumstances. FinWhiz Pty Ltd recommends that you review and update your profile information regularly.
    • Once you have completed the registration process, you will be a registered member of the Application (referred to as a “Member” or “FinWhizian”) and agree to be bound by these Terms. As a Member, you will be granted immediate access to the Purchase Services.
    • You may not use the Purchase Services and may not accept these Terms if:
    1. you are not of legal age (18 years of age) to form a binding contract with FinWhiz Pty Ltd; or
    2. you are a person barred from receiving the Purchase Services under the laws of Australia or any other country, including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

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

You will use the Purchase Services only for purposes that are permitted by:

    1. these Terms;
    2. any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
    3. Account Security and Credentials You have the sole responsibility for maintaining the confidentiality and security of your account credentials, including your:
    4. email address and password;
    5. one-time passcode (OTP) or
    6. verification code sent to your registered email address or device; and
    7. biometric data used to authenticate access to the Application (including fingerprint or facial recognition), to the extent enabled on your device.

You must not share, disclose, or otherwise provide access to your credentials or authentication methods to any other person.

(c) Voluntary Access by Third Parties

If you voluntarily provide, share, or otherwise permit any other person — including a family member, colleague, or any third party — to access the Application using your credentials or authentication methods (including by sharing your password, OTP, or enabling biometric access on a shared device):

i. you do so entirely at your own risk;

ii. FinWhiz Pty Ltd accepts no responsibility or liability for any loss, damage, unauthorised

iii. transaction, disclosure of personal information, or any other consequence arising from or in connection with that access; and

iv. any actions taken within the Application by that person will be deemed to have been taken by you, and you will remain fully responsible for all activity on your account.

(d) Use of your account credentials by any other person — whether authorised by you or otherwise — may result in the immediate suspension or cancellation of the Purchase Services at FinWhiz Pty Ltd.’s sole discretion.

(e) Any use of your registration information by any other person or third party without your authorisation is strictly prohibited. You agree to immediately notify FinWhiz Pty Ltd of any:

(i) unauthorised use of your password, email address, OTP, or biometric authentication;

(ii) loss or theft of your registered device; or

(iii) any other breach of security of which you become aware.

FinWhiz Pty Ltd will not be liable for any loss or damage arising from your failure to promptly notify us of a security breach.

(f) Access to and use of the Application is limited, non-transferable, and is granted solely for your personal use for the purposes of FinWhiz Pty Ltd providing the Purchase Services. You must not transfer, sublicense, or otherwise make your account available to any other person.

(g) You will not use the Purchase Services or Application for any illegal or unauthorised

purpose, including:

  • collecting email addresses or personal information of Members by electronic or other means for the purpose of sending unsolicited communications; or
  • unauthorised framing of or linking to the Application.

(h) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. FinWhiz Pty Ltd reserves the right to take appropriate legal action for any illegal or unauthorised use of the Application.

(i) You acknowledge and agree that any automated use of the Application or its Purchase Services is strictly prohibited.

(j) Purchase of Products

In using the Purchase Services to purchase the Product through the Application, you will agree to the payment of the purchase price listed on the Application for the Product (Purchase Price).

(k) Subscription

FinWhiz is a subscription-based service available via the Apple App Store and Google Play Store.

Free Trial

  • FinWhiz offers new users a 30-day free trial of Premium features.
  • A countdown of your free trial period is provided each time you log into the App and free trial end date is found under Settings-> subscriptions.
  • No payment details are required or taken during the trial period.
  • The free trial is limited to one (1) per email address.

Paid Subscription

  • Once the free trial period has expired users have the option to move to paid premium or to cancel and delete their account.
  • Only following the end of the free trial period are users able to subscribe to either the current $5.99 AUD per month or $57 AUD per year (at 20% discount) paid on date of subscription.

Auto Renewal & Cancel

  • Subscriptions automatically renew unless “cancelled” at least 24 hours before the end of the current billing period.
  • You can manage and cancel subscriptions within the App Settings>Account Settings> subscription >cancel (bottom of screen)
  • On cancellation users still have access to FinWhiz to the end of the current billing period.
  • If you cancel your subscription before the auto-renew date you can still re-subscribe up until the auto-renew date. In other words, we allow for a change of mind.
  • Cancelling the subscription does not mean your data is deleted. It purely cancels payment.
  • If a user proceeds with cancellation and the billing period ends FinWhiz will provide users with a warning that their account has now “Expired”.
  • Users will then be given an option to: Renew subscription or Delete Account

Delete Account

  • You can Delete your account under FinWhiz>Account Settings> Delete Account. Warning messages are provided prior to deletion.
  • Delete account ensures all your data is deleted for your protection unless it is required to be kept under law. Your email address is retained for the sole purpose of checking if the free trial period has been used.
  • We confirm that deletion is not reversible. We provide options to download information prior to deletion for your own personal records.
  • If you have cancelled your subscription but have not deleted your account, your account will be suspended (no access) and all account data will be deleted as soon as practical by the Administration team.
  • After account deletion you will need to again “sign on” to use FinWhiz. You will be treated as a new user. Note if you sign on with the same email address we will deem that the 30-day trial period has already been used, and you will need to subscribe to a paid premium version.

Payments and Refunds

  • All subscription payments and refunds are processed exclusively through Apple App Store or Google Play Store.
  • Refund requests must be submitted directly to Apple or Google in accordance with their respective refund policies.

Apple Store Link

Google Store Link

  • FinWhiz Pty Ltd does not control App Store or Google Play billing systems. If there is any inconsistency between these Terms and the Apple or Google terms regarding billing or refunds, the Apple or Google terms prevail.
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • All payment information is confirmed by the above stores.

Australian Consumer Law (Services):

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Services suffer a major failure, you are entitled to a refund or resupply of the Services and compensation for reasonably foreseeable loss or damage. If the failure does not amount to a major failure, we will remedy the failure within a reasonable time or resupply the Services. Refunds for subscriptions purchased through Apple App Store or Google Play Store must be requested through those platforms in accordance with their policies.

Copyright and Intellectual Property

  • The Application, the Purchase Services and all of the related products of FinWhiz Pty Ltd are subject to 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 site content and compilation of the Application (including text, graphics, logos, button icons, video images, photos, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by FinWhiz Pty Ltd or its contributors.
  • FinWhiz Pty Ltd retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
  • the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of FinWhiz Pty Ltd; or
  • the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of FinWhiz Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Privacy

FinWhiz Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to FinWhiz Pty Ltd.’s Privacy Policy, which can be viewed and is deemed to be accepted when a user Signs On or Logs In to the FinWhiz App. The Privacy policy and these Terms and Conditions are able to be also viewed on  Subscription pages and in Settings> Account Settings>Legal.

Marketing Communications

FinWhiz Pty Ltd currently only provides notifications of updates to features or functionality through the App. Marketing via direct/ group email or LinkedIn outside the App is based on expressed consent by users to receive communication updates or opting in (viewing LinkedIn updates of following FinWhiz or Founder). Users are free to notify us to cease any marketing or use another form of unsubscribe mechanism in accordance with the Spam Act 2003 (Cth). Users may withdraw consent at any time.

Service Communications

By creating an account, you consent to receive operational communications necessary for the provision of the Services, including account notifications, security alerts, subscription and billing notifications, service updates, and legal or policy notices. These communications are not marketing communications.

Security and Independent Testing (Cyber and VAPT)

FinWhiz implements technical and organisational security measures designed to protect user data. An independent Vulnerability Assessment and Penetration Testing (VAPT) review was conducted by CyberSapiens, covering:

(i)  Mobile Application (Android & iOS)
(ii) APIs
(iii) AWS Cloud Infrastructure

in accordance with industry standards including, but not limited to, the OWASP Testing Guide, PTES, NIST Guidelines and CIS Benchmarks.

FinWhiz may conduct further security testing periodically and at its discretion.

While FinWhiz takes reasonable steps and implements industry-aligned security controls to reduce the risk of vulnerabilities, no digital platform can guarantee absolute security or immunity from future threats.

Representations and Warranties

  1. FinWhiz Pty Ltd represents and warrants to you that:

(i)   it has the right, power and authority to provide the Application and the Services to you under these Terms;

(ii)  the Application will be developed, maintained and operated with reasonable care and skill consistent with industry standards applicable to SaaS financial technology products;

(iii) it will use commercially reasonable efforts to ensure the Application is available in accordance with any uptime commitments set out in these Terms or any applicable Service Level Agreement;

(iv) it holds, or will obtain and maintain, all licences, approvals and authorisations required under applicable Australian law to lawfully provide the Services, including any authorisations required under the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth) to the extent applicable to the nature of the financial insights provided; and

(v) it will implement and maintain reasonable technical and Organisational security measures to protect your data in accordance with its Privacy Policy.

  1. What FinWhiz Does Not Warrant

You acknowledge and agree that:

  1. the Application and all financial insights, calculations, prompts and outputs generated by or through the Application (AI-Generated Content) are provided for informational and reference purposes only and do not constitute financial advice, investment advice, taxation advice, legal advice or any other form of professional advice regulated under Australian law;

(ii)  FinWhiz Pty Ltd does not warrant that:

(A) Any AI-Generated Content is accurate, complete, current or suitable for your particular financial circumstances or objectives. We have provided personalised information not personal advice;

(B) the Application will be free from errors, defects, interruptions, viruses or other harmful components;

(C) any documents uploaded by you to the Application will be processed without error or loss; or

(D) outputs generated from user-uploaded documents will reflect the true or correct position of your financial affairs;

  • you are solely responsible for independently verifying any AI-Generated Content, personalised information and insights before relying on it and for obtaining appropriate professional advice where required; and
  1. FinWhiz Pty Ltd does not represent that any third-party data sources, integrations or services accessible through the Application are accurate, reliable or current.

 

  1. Consumer Law Preservation

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL), or any liability under them, which by law may not be limited or excluded.

  1. Limitation of Liability

 

  1. Exclusion of Implied Terms

Subject to clause 10 (c) and to the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions that are not expressly stated in these Terms are excluded.

  1. Exclusion of Consequential Loss

Subject to clause 10 (c) and to the maximum extent permitted by law, FinWhiz Pty Ltd and its affiliates, directors, officers, employees, agents, contributors, third-party content providers and licensors will not be liable to you for any:

  • special, indirect, incidental or consequential loss or damage;
  • loss of profits, revenue, business opportunity or anticipated savings;
  • loss of or damage to goodwill or reputation;
  • loss or corruption of data or information (including user-uploaded documents);
  • financial loss arising from reliance on AI-Generated Content;
  • loss arising from unauthorised access to your account or data; or
  • cost of procuring substitute services,

arising out of or in connection with the Application, the Services or these Terms (including as a result of any inability to access or use the Application or the Services, or their delayed availability), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, except where such loss or damage is reasonably foreseeable as a result of FinWhiz Pty Ltd.’s failure to meet an applicable Consumer Guarantee under the ACL.

  1. Cap on Liability

To the maximum extent permitted by law and subject to clause 10.(c), FinWhiz Pty Ltd.’s total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to:

  • the total subscription fees paid by you to FinWhiz Pty Ltd in the three (3) month period immediately preceding the event giving rise to the claim if on a monthly subscription; or in any other case
  • $57 being the annual subscription fee payable.
  1. Specific Risk Exclusions

Without limiting clause 10.(b), FinWhiz Pty Ltd is not liable for loss or damage arising from:

  • failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission of the Application;
  • any computer virus, malware or other harmful code introduced to your device or systems through use of the Application;
  • failure to correct defects, or unavailability of the Application during scheduled or unscheduled maintenance windows;
  • the accuracy, suitability, currency or completeness of any AI- Generated Content, third-party data, or any information displayed on or accessible through the Application;
  • loss incurred as a result of your use of or reliance on the Application, its outputs, or any linked third-party content or services;
  • the content or operation of any third-party links or integrations accessible through the Application;
  • failure to complete any transaction initiated through the Application, including any loss arising from processing errors or e-commerce failures;
  • any defamatory, threatening, offensive or unlawful conduct of third parties in connection with the Application; or

(ix) any unauthorised access to, alteration, theft or destruction of your records, data or user-uploaded documents.

  1. Essential Term

You acknowledge that the limitations of liability in this clause 11 are an essential term of the agreement between you and FinWhiz Pty Ltd, without which FinWhiz Pty Ltd would not have entered into these Terms or provided the Services to you at the fees charged.

  1. Indemnities

 

  1. User Indemnity

You agree to indemnify, defend and hold harmless FinWhiz Pty Ltd and its affiliates, directors, officers, employees, agents, contributors and licensors (collectively, Indemnified Parties) from and against any claim, action, demand, loss, damage, liability, cost or expense (including reasonable legal fees) (Losses) suffered or incurred by the Indemnified Parties arising out of or in connection with:

  • your use of or access to the Application or the Services in breach of these Terms;
  • your violation of any applicable law or regulation, including any financial services legislation, privacy law or consumer protection law;
  • any documents, data or information uploaded by you to the Application that infringe the intellectual property rights, privacy rights or other rights of any third party;
  • your reliance on AI-Generated Content without obtaining independent professional advice where a reasonable person would have sought such advice;
  • any claim by a third party arising from your use of the Application or the Services; or
  • your fraud, willful misconduct or negligence.
  1. Process for Indemnification Claims

Where FinWhiz Pty Ltd seeks to rely on an indemnity under clause 13 a):

  • FinWhiz Pty Ltd will promptly notify you in writing of any claim in respect of which indemnification is sought;
  • you will have the right to assume control of the defense of such claim at your own cost, provided that FinWhiz Pty Ltd may participate in the defense with counsel of its own choosing at its own expense; and
  • FinWhiz Pty Ltd will provide you with reasonable cooperation in the defense of such claim, at your cost.
  1. Mitigation

Nothing in this clause 13 limits either party’s obligation at law to take reasonable steps to mitigate any loss or damage.

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 FinWhiz Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, FinWhiz 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.

Limitation of Liability

  • FinWhiz Pty ’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the value of the Annual Subscription fee available to Members under these Terms or where you have not paid the Purchase Price, then the total liability of FinWhiz Pty Ltd is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that FinWhiz Pty Ltd, its affiliates, employees, agents, contributors, third party content providers 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. FinWhiz does not provide advice but personalised information.
  • FinWhiz Pty Ltd is not responsible or liable in any manner for any site content (including the Content or third-party content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of FinWhiz Pty Ltd, by third parties or by any of the Purchase Services offered by FinWhiz Pty Ltd.
  • You acknowledge that FinWhiz Pty Ltd does not provide the Delivery Services to you and you agree that FinWhiz Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by FinWhiz Pty Ltd as set out below.

  1. Cancelling Subscription (by User):

If you want to terminate the Terms, you may do so by cancelling your subscription through the FinWhiz App > Settings> Account Settings> Subscription> Cancel prior to renewal. In addition, you must Delete your account as instructed under the section above see section 5k)

Any issues with cancellation please contact us via Settings> Send Feedback.

  1. Cancelling subscription (by FinWhiz Pty Ltd):

FinWhiz Pty Ltd may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • FinWhiz Pty Ltd is required to do so by law;
  • the partner with whom FinWhiz Pty Ltd offered the Purchase Services to you has terminated its relationship with FinWhiz Pty Ltd or ceased to offer the Purchase Services to you;
  • FinWhiz Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Purchase Services to you by FinWhiz Pty Ltd is, in the opinion of FinWhiz Pty Ltd, no longer commercially viable.
  • Subject to local applicable laws, FinWhiz Pty Ltd reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FinWhiz Pty Ltd’s name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and FinWhiz Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  1. Delete Account:

You may delete your account and all transactional data at any time through the Application settings. Before deleting your account, you are prompted to down your latest Financial Snapshot Report and save any uploaded documents or information. You are reminded Account deletion is permanent and cannot be reversed. Upon deletion you acknowledge:

  • All your financial and personal data included uploaded images and documents will be permanently deleted from active systems;
  • certain transactional and accounting records may be retained where required by law; and
  • your email address may be retained solely for the purpose of preventing repeated use of the free trial.

Indemnity

  • You agree to indemnify FinWhiz Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
    • any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
    • any breach of the Dispute Resolution

(b) 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).

(c) 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.

(d) Dispute Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association and the Resolution Institute. or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  1. The mediation will be held in Melbourne, Australia.
  2. 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.

  1. Termination of Mediation

If 2 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. Venue and Jurisdiction

The Purchase Services offered by FinWhiz 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 Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, 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 Victoria, 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.

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.

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