Terms & Conditions
Nudge Pty Ltd ACN 606 576 42
TERMS & CONDITIONS OF USE OF NUDGE SAVER APPLICATION
This document outlines the Terms & Conditions of your use of the Nudge Saver application (“the App”) operated by Nudge Pty Ltd. We have written this document to make it as clear and easy to read as possible. You should familiarise yourself with these Terms & Conditions prior to your use of the App, as such use is deemed to be acceptance of these Terms & Conditions.
“Nudge”, “Nudge Saver”, “us”, or “we” refers to “Nudge Pty Ltd” (ACN 606 576 425), “the App” refers to the Nudge Saver application (whether accessed via web or native application on a smart device) and ‘nudge’ or ‘savings prompt’ refers to any electronic message sent to you by us for the purpose of financial coaching, including requests to save the amount of funds contained within the nudge to your Nudge account. ‘Nudge account’ refers to your user account with us including reference to your Nudge balance. ‘Nudge balance’ refers specifically to the amount of your financial holdings with us, which we in turn hold as a deposit in an Australian Authorised Deposit-taking Institution (ADI). In all definitions, the singular applies to the plural, and vice versa.
1.3 Service Description
1.3.1 Purpose of Service
You are entering into an agreement for a financial coaching service performed by Nudge Pty Ltd. This involves us making regular contact with you (via ‘nudges’) to encourage you to save money more regularly than you likely would otherwise. The nudges are delivered via the App, generally as a ‘push notification’ to your device. We will also motivate you to respond by reminding you of what you are saving towards, based on information you have provided us.
1.3.2 Method of Service
When you confirm your acceptance of a savings prompt (by selecting the affirmative option accompanying the savings prompt), we will withdraw the amount specified from your nominated bank account via a direct debit facility provided by Monoova (Moneytech Payments Pty Limited: ACN 126 015 227). After a period not exceeding 48 business hours, the withdrawn amount will then be recognised in your Nudge goal account and be added to your Nudge goal balance. In the interim, the balance will be recorded as ‘Provisional Balance’ and denoted by a label alongside the amount shown on the Nudge goal screen. If you wish to reverse the transaction or otherwise withdraw funds from your Nudge account, you will need to log into your Nudge account and execute a transfer back to the account from which the money was withdrawn using the ‘Withdraw’ function. Withdrawn funds may take up to 72 hours to be received back into the bank account from which they were originally direct debited. You cannot spend money from your Nudge account, nor withdraw money from your Nudge account, via an ATM or bank branch, nor withdraw in any other manner other than by transferring the funds back to the account from which the money was originally withdrawn via direct debit.
If you do not confirm your acceptance of a savings prompt by selecting the affirmative option accompanying the notification, then no transaction will take place.
1.3.3. Termination of Service
The App may be withdrawn or terminated at any time, at which point you will be notified and your Nudge balance returned to the account from which the amounts were originally withdrawn.
1.4 Direct Debit Authority
In order to permit the transaction process noted in Section 1.3.2 above, you will need to sign or digitally authorise the provided Nudge Direct Debit Authority form. This will allow Nudge to withdraw variable amounts (that you agree to) from your nominated bank account electronically. You may cancel this authority at any time by submitting a cancellation request in writing to email@example.com. This will terminate your Nudge account.
1.5 Fees & Charges
1.5.1 Participation fees and transaction charges
There is no fee for using the Nudge Saver app. Transaction charges levied by Monoova for the direct debit service are paid for by Nudge Pty Ltd. You should not be charged by your financial institution. If you are charged a transaction fee, you should notify us immediately. We will reimburse you for a single transaction fee, but may need to cancel your account if your account is subject to transaction fees for each direct debit transaction.
1.5.2 Overdraft fees
In its current form, Nudge Saver does not have access to account balance information for the account from which your direct debits are being drawn (per section 1.3.2). For this reason, it is possible that accepting a savings prompt may cause your account to be overdrawn and incur an overdraft fee, or the direct debit may be dishonoured and you may be charged a direct debit dishonour fee by your bank. Where we incur charges as a result of any direct debit dishonours from your account, we reserve the right to cancel or otherwise put a hold on your Nudge Saver account. In this case, you will be notified and all goal funds subsequently returned to the bank account(s) from which they were withdrawn.
Third party fees, such as those for missed payments to other organisations due to your account being in arrears as a result of accepting a Nudge direct debit, or being overdrawn as a result of same, will not be reimbursed by Nudge Pty Ltd. While we do not expect there to be any other associated costs, your use of the App constitutes your acceptance that Nudge accepts no liability for any other fees, financial charges, or other costs incurred as a result of your use of the App.
To ‘reverse’ (i.e. refund) a nudge, you will need to complete this step yourself as described in Section 1.3.2.
Nudge Pty Ltd is an Australian registered company and subject to the jurisdiction of both Australian Federal and New South Wales State laws.
These terms and conditions are subject to change without notice. For a current copy of terms and conditions at any time, please contact firstname.lastname@example.org.