Terms & Conditions

Effective Date: 16 April 2024

The following Terms and Conditions (these “Terms”) describe your rights and responsibilities as a subscriber and/or user of the WE Wumbo App (the “APP”).

These Terms are between you and WE Wumbo Pty Ltd (“WE Wumbo,” “we”,” our” or “us”), who owns and operates the APP. “You” means the entity you represent in accepting these Terms or, if that does not apply, you, individually.

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
  • We may amend these Terms, the features of the APP at any time, by providing written notice to you;
  • Your Membership is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian or New Zealand Consumer Law, you may only cancel your Membership at the expiry of the minimum term;
  • We will handle your personal information in accordance with our privacy policy, available at https://www.wewumbo.io/privacy.
  • You are responsible and liable for the actions of your End Users;
  • Our liability under these Terms is limited to the Fees paid by you to us and we will not be liable for Consequential Loss, any loss that is a result of a Third-Party Service, or any loss or corruption of data;
  • We may terminate your Membership at any time by giving 60 days’ written notice to you; and
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third- party websites via a link on the Platform or for featuring certain products or services on the Platform.
  • Your Acceptance.
    By using the APP, you signify your agreement to these Terms.
    You have read and understand these Terms; and you agree to these Terms on behalf of the party that you represent.
  • Our Services
    We provide a software platform that facilitates the management & operation of residential, commercial, and special-purpose buildings (the “Service”). As we are a software provider and platform facilitator, we engage some independent third-party providers (“Third Party Providers) and WE Wumbo affiliates in the provision of Additional Services.
  • Changes to the Service
    We are constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
  • Pricing and Fees.
    Your Account specifies the Contract Term, Fees, and Billing Period.
    Subscription Term. The minimum Subscription Term is 12 months.
    • Fees. Fees means the fees and charges relating to the use of the Service, as stated in your Account.
    • Billing Period. The Billing Period is the option you choose for payment of fees when creating an Account on the App. You may choose the 6-month Billing Period or the 12-month Billing Period.
      • 6 Month Billing Period: You will be charged upfront for 6 months from the date your Subscription Term begins (Payment Date). On the 6-month anniversary of your Payment Date, you will be automatically charged the same Fees for another 6 months.
      • 12 Month Billing Period: You will be charged upfront for 12 months from the date your Subscription Term begins (Payment Date).
    • Payment Terms. Payment is due 14 days from the date of invoice. Payment must be made upfront before the start of your Subscription Term for the Billing Period you select.
    • Subscription Renewal. At the expiry of your Minimum Term, your subscription will renew (for a period equal to your Subscription Term) if you provide us with instructions for renewal. We will notify you 14 days before the expiry of your Minimum Term to seek your preference for renewal.
    • Changes to Fees. By giving you at least 60 days’ notice before the change takes effect, we may:
      • change the amount of any fee or introduce a new fee; and
      • change the circumstances in which, or frequency with which, a fee is payable.

      These changes will not apply while your subscription is within the Minimum Term.
    • Termination rights. If we change the Fees under Section 4.5 above, then you can terminate your Subscription at the end of the MinimumTerm before the updated Fees apply.

      You can action a termination by emailing us at mailto:accounts@wewumbo.io.
    • Early Termination Fee.
      If you terminate your subscription before the expiry of the Subscription Term for reasons other those in Section 10.2, then you must pay the Fees for the remainder of the Subscription Term (our Early Termination Fee).
  • How the APP is administered.
    • Account. You must register on the APP and create an account (Account) to access the APP’s features. You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password.
    • Administrators. Through the APP, you may be able to specify certain End Users as Administrators, who will have important rights and controls over your use of the APP and End User Accounts. This may include activating features (which may incur fees); creating, de- provisioning, monitoring, or modifying End User Accounts, and setting End User usage permissions; and managing access to Your Data by End Users or others. Administrators may also take over management of accounts previously registered using an email address belonging to your domain. Without limiting Section 5.4 (Responsibility for End Users), which fully applies to Administrators, you are responsible for whom you allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the APP for you.
    • End User Consent. You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow: (i) Administrators to have the access described in these Terms and the Privacy Policy; and (ii) our provision of the APP to Administrators and End Users.
    • Responsibility for End Users. Our APP has various user inputs. You are responsible for understanding the settings and controls for each feature you use and for controlling whom you allow to become an End User. Our APP may allow you to designate different types of End Users, in which case functionality may vary according to the type of End User. You are responsible for compliance with these Terms by all End Users, including for any payment obligations. Please note that you are responsible for the activities of all your End Users, including how End Users use Your Data. We may display our User Notice to End Users at account registration, or in- product.
    • Credentials. User IDs are granted to individual, named persons, and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords.
    • Age Requirement for End Users. The APP is not intended for, and should not be used by, anyone under the age of 18. You are responsible for ensuring that all End Users are age appropriate.
    • Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt- out of receiving text (SMS) messages from the APP at any time by following the directions found at www.wewumbo.io. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. SMS is charged at $0.10 per message and is billed on a quarterly basis.
    • Privacy: All personal information you and End Users provide to us will be treated in accordance with our Privacy Policy.
  • What is included in your subscription; what are the restrictions.
    • Access to APP
      Subject to these Terms and during the applicable Subscription Term, you may access and use the APP for your own business purposes or personal use, as applicable. This includes the right, as part of your authorized use of the APP, to download and use the software associated with the APP. The rights granted to you are non-exclusive, non-sublicensable and non- transferable.
    • Support
      During the Subscription Term, we will provide Support for the APP in accordance with our Service Level Agreement (“SLA”).
    • Restrictions
      Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt, or create derivative works of the APP; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the APP to a third party; (c) use the APP for the benefit of any third party; (d) incorporate any APP into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the APP intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any APP, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the APP; (h) use the APP for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the APP; or (j) encourage or assist any third party to do any of the foregoing.
  • Terms that apply to Your Data.
    • Using Your Data to provide APP to You. You retain all right, title and interest in and to Your Data in the form submitted to the APP. Subject to these Terms, and solely to the extent necessary to provide the APP to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data. Solely to the extent that reformatting Your Data for display in the APP constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, End User Accounts, and your APP with End User permission to respond to your support requests.
    • Your Data Compliance Obligations. You and your use of the APP (including use by your End Users) must comply at all times with these Terms and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Data to the APP and to grant the rights granted to us in these Terms and (ii) Your Data and its submission and use as you authorize in these Terms will not violate (1) any Laws, (2) any third- party intellectual property, privacy, publicity or other rights, or (3) any of your or third-party policies or terms governing Your Data. We assume no responsibility or liability for Your Data, and you are solely responsible for Your Data and the consequences of submitting and using it with the APP.
  • Using third-party providers within the APP.
    • Third-Party Providers. The APP may contain links to websites operated by third parties, such as Effi. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the Platform, such third party provides the goods and services to you, not us.
    • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the APP (Affiliate Link) or for featuring certain products or services on the Platform.
    • We receive a benefit, including a lead fee, through your use of credit services provided by Effi's mortgage brokers on our platform.
    • We are not responsible or liable for any loss or damage you or any third-party may suffer or incur in connection with any product you obtain after using this APP or for any acts, omissions, errors, or defaults of any third party in connection with that product or service.
    • By submitting your personal details through this APP, you can make an offer to obtain a product or service from a third-party provider. That offer may be accepted or rejected. The contract for the product will only be concluded once your offer has been accepted by the relevant third-party provider. If your offer is accepted then the product will be provided to you, subject to the third- party provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.
    • You (including your End Users) may choose to use or procure other third-party products or services in connection with the APP. Your receipt or use of any third-party products or services (and the third parties’ use of any of Your Data) is subject to a separate agreement between you and the third-party provider. Any third-party provider’s use of Your Data is subject to the applicable agreement between you and such third-party provider. We are not responsible for any access to or use of Your Data by third party providers or their products or services, or for the security or privacy practices of any third-party provider or its products or services. You are solely responsible for your decision to permit any third-party provider or third-party product or service to use Your Data. It is your responsibility to carefully review the agreement between you and the third-party provider, as provided by the applicable third-party provider.
  • IP Rights in the APP and Feedback.
    The APP is made available on a limited access basis, and no ownership right is conveyed to you. We retain all right, title, and interest, including all intellectual property rights, in the APP. From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
  • How can you end your Subscription?
    • By notice. You can terminate your subscription by providing us with at least 60 days (Notice Period). Your Effective Termination Date will be the date that satisfies the minimum required Notice Period or a date that we have mutually agreed to. Your subscription will cease on the Effective Termination Date. You are liable for any Fees in relation to your use of the APP up to the Effective Termination Date, and if applicable, any Early Termination Fee described under Section 4.7.

      You can action a termination by emailing us at accounts@wewumbo.io
    • For breach. Either party may terminate this agreement if they fail to remedy a material breach of these Terms within 10 days of being provided with written notice of the breach. If you terminate your subscription under this Section 10.2 during the Subscription Term, then the requirement to pay us Fees for the remainder of the Subscription Term does not apply.
  • How can we cancel your Subscription?
    • We can terminate or suspend your access with 90 days’ notice if:
      • in our opinion, a change to any Third -Party arrangement necessary for the Service renders the ongoing operation of the APP substantially unworkable or non-functional;
      • in our opinion, the actions of a regulator or a change in law or regulation makes the ongoing operation of the APP substantially unworkable or non-functional;
      • we believe this is necessary either to protect the security, integrity or reputation of the APP or any APP function, service, or facility, or to otherwise protect our interests;
  • What happens on Termination?
    • Effective Termination Date. Unless otherwise specified, Your Effective Termination Date will be the date that satisfies the minimum required Notice Period.

      On the Effective Termination Date:
      • the rights granted under section 6.1 terminates and your use of the APP will cease; and
      • you and any Users will only be able to access Your Data in accordance with Section 12.3 described below.
    • Refund of Prepaid Subscription Fee
      • If you terminate these Terms in accordance with Section 10 (How You Can Cancel Your Subscription), or under Section 4.6 (Termination Rights), we will refund you any prepaid fees covering the remainder of the then-current Subscription Term after the Effective Termination Date.
      • In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the Effective Termination Date. The exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
    • Accessing archived Data after termination.
      It is strongly recommended that you extract your Data as soon as possible following termination of the APP. You acknowledge and agree that:
      • you will have 14 days from the effective date of termination to extract your Data from the APP at no charge (Data Extraction Period).
      • After the Data Extraction Period, you and other Users will have no further guaranteed access to the APP or your Data.
      • We cannot guarantee that we will always be able to recover your historical.
    • Data storage after the end of your Subscription
      Data held in our systems is subject to back-up and archive processes. At the end of your Subscription, we may retain copies of your Data in our archives. We may also continue to store and use your Data in accordance with section 7.1 or as required by law. Our storage and use of that Data remains subject to these Terms. Subject to any legal requirements for us to retain your Data, you may request that we delete your Data by contacting us at info@wewumbo.io.
    • Survival. The following provisions will survive any termination or expiration of these Terms: Sections 6.3 (Restrictions), 7.3 (Your Indemnity), 8.1 (Third-Party Products), 9 (IP Rights in the APP and Feedback), 10 (How You Can Cancel Subscription) and 11 (How We Can Cancel Subscription), 13 (Warranty Disclaimer), 14 (Liability and Indemnity), 16 (Dispute Resolution) and 18 (General Provisions).
  • Warranties and Disclaimer.
    • Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses, or similar harmful materials into the APP (but we are not responsible for harmful materials submitted by you or End Users).
  • Liability and Indemnity
    • Despite anything to the contrary, and to the maximum extent permitted by law:
      • you agree to indemnify us for any Liability we incur due to your breach of clause 7.2 of these Terms;
      • Neither party will be liable for Consequential Loss;
      • each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party or any of that party’s personnel (including a party’s End Users), including any failure by that party to mitigate its losses; and
      • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Fees paid by you to us during the Subscription Term.
  • Publicity Rights.
    We may identify you as a WE Wumbo customer in our promotional materials. We will promptly stop doing so upon your request.
  • Dispute Resolution.
    • Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available in the local governing jurisdiction. All negotiations pursuant to this Section 16.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.
  • Changes to these Terms.
    • We may modify the terms and conditions of these Terms (including Our Policies) from time to time, with notice to you in accordance with Section 18.1 (Notices) or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.
    • Except as otherwise indicated below, modifications to these Terms will take effect at the next renewal of your Subscription Term and will automatically apply as of the renewal date unless you elect not to renew pursuant to Section 4.4 (Renewals). Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) we may specify that such modifications become effective during your then-current Subscription Term. If the effective date of such modifications is during your then-current Subscription Term and you object to the modifications, then (as your exclusive remedy) you may terminate your affected Contract upon notice to us, and we will refund you any fees you have pre-paid for use of the APP for the terminated portion of the applicable Subscription Term. To exercise this right, you must provide us with notice of your objection and termination within thirty (30) days of us providing notice of the modifications. For the avoidance of doubt, any Contract is subject to the version of these Terms in effect at the time of the Contract.
    • Our Policies. We may modify Our Policies to take effect during your then-current Subscription Term in order to respond to changes in our products, our business, or Laws. In this case, unless required by Laws, we agree not to make modifications to Our Policies that, considered as a whole, would substantially diminish our obligations during your then-current Subscription Term. Modifications to Our Policies will take effect automatically as of the effective date specified for the updated policies.
  • General Provisions.
    • Notices. Any notice under these Terms must be given in writing. We may provide notice to you through your Notification Email Address, your account, or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. Your notices to us will be deemed given upon receipt.

      You can notify us by email at accounts@wewumbo.io.
    • Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
    • Assignment. You may not assign or transfer these Terms without our prior written consent. As an exception to the foregoing, you may assign these Terms in their entirety (including all Orders) to your successor resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting securities, provided that you provide us with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under these Terms. Any attempt by you to transfer or assign these Terms except as expressly authorized above will be null and void. We may assign our rights and obligations under these Terms (in whole or in part) without your consent. We may also permit our Affiliates, agents, and contractors to exercise our rights or perform our obligations under these Terms, in which case we will remain responsible for their compliance with these Terms. Subject to the foregoing, these Terms will inure to the parties’ permitted successors and assigns.
    • Entire Agreement. These Terms are the entire agreement between you and us relating to the APP and any other subject matter covered by these Terms and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to the APP or any other subject matter covered by these Terms. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of these Terms, and any such document relating to these Terms will be for administrative purposes only and will have no legal effect.
    • Waivers; Modifications. No failure or delay by the injured party to these Terms in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder at law or equity. Except as set forth in Section 17 (Changes to these Terms), any amendments or modifications to these Terms must be executed in writing by an authorized representative of each party.
    • Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
  • Definitions.
    • Certain capitalized terms are defined in this Section 19, and others are defined contextually in these Terms.
    • “Additional Services” means In-Home Services, Wumbo Club, and or other services related to the APP we provide to you, as identified in the Contract. For the avoidance of doubt, Additional Services do not include the standard level of support included in your subscription.
    • “Administrators” mean the personnel designated by you who administer the APP to End Users on your behalf.
    • “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.
    • “APP” means our cloud-based solution including any software we provide as part of the APP.
    • “Consequential Loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
    • “Documentation” means our standard published documentation for the APP.
    • “End User” means an individual you or an Affiliate permit or invites to use the APP. For the avoidance of doubt; (a) individuals invited by your End Users, (b) individuals under managed accounts, and (c) individuals interacting with the APP as your customer are also considered End Users.
    • “End User Account” means an account established by you or an End User to enable the End User to use or access the APP.
    • “Feedback” means comments, questions, ideas, suggestions, or other feedback relating to the APP, Support or Additional Services.
    • “Notification Email Address” means the email address(s) you used to register for the APP account. It is your responsibility to keep your email address(s) valid and current so that we can send notices, statements, and other information to you.
    • “Contract” means the agreement from you to become a subscriber of the APP. This will be accessible in the APP. As applicable, the Contract will identify: (i) Subscription Term, Annual Fee, Billing Period, (ii) storage capacity or limits, or other scope of use parameters.
    • “Our Policies” means these Terms of Service and our Privacy Policy, and (unless specified) any other policies or terms referenced in these Terms.
    • “Subscription Term” means your permitted subscription period for the APP, as set forth in the applicable Contract.
    • “Support” means support for the APP, as further described in the Service Level Agreement(SLA).
    • “Your Data” means any data, content, video, images, or other materials of any type that you (including any of your End Users) submit to the APP. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting, or otherwise making available Your Data to or through the APP.
    • “Your Materials” means your materials, systems, personnel, or other resources.