Bree App Terms & Conditions

Meetbree.com.au
https://play.google.com/store/apps/details?id=com.bree.bree_app
https://apps.apple.com/app/bree/id1661014381

Bree App Terms of Use Version 1.0 – March 2023

1. The Bree App is here

Welcome to the Bree application (referred to as App or Bree App). This Agreement is between you and Alectura Pty Ltd, trading as Bree App. 1derful Lending Pty Ltd and Residential Connections Pty Ltd may also provide you with services outside this Agreement. Refer to 1derful’s Bree Terms & Conditions and Residential Connections Terms & Conditions for more information.

The App is designed for compatible Android and IOS devices.

The ‘Bree App’ or ‘App’ refers to the Bree iOS App or Bree Android App downloaded from the official Apple App store or the official Google Play store, and accessed locally on your device.

You will need to provide personal information to create a Bree Account by registering as a Bree Account Holder and Member of the App (described below in these Terms of Use).

Features of the App may not be available to you if you are using an overseas telecommunications provider.

1.1 The Bree App Terms of Use are part of our Agreement with you

These Terms of Use form part of the Agreement that governs your use of the Bree App along with 1derful’s Bree Terms & Conditions and Residential Connections Terms & Conditions. Definitions used in these Terms of Use are set out at the end of these Terms of Use (Definitions).

1.2 What these Terms of Use Cover

These terms cover the use of the Bree App Services which are further described below in these Terms of Use.

In order to function, the Bree App requires you to submit Personal Information and/or providing this access on your Device. You agree to do this in accordance with these Bree App Terms of Use.

1.3 Essential information you should know

The Bree App is provided by Alectura Pty Ltd (ABN 46 661 284 804), trading as Bree App, a wholly owned subsidiary of Alectura.

Alectura Pty Ltd is not an Authorised Deposit-taking Institution for the purposes of the Banking Act 1959 (Cth) and its obligations do not represent deposits or other liabilities of Alectura.

The Credit Services are provided by 1derful Lending Pty Ltd, ABN 71 626 183 113.

The deal finding and switching services are provided by Residential Connections Pty Ltd (ABN 63 612 925 434).

The products or services offered or available through the Bree App are subject to these Terms of Use as well as 1derful’s Bree Terms & Conditions and Residential Connections Terms & Conditions. These are referred to as the Bree Account Terms and Conditions.

The Bree website is located at www.meetbree.com.au.

In the event of any inconsistency between these Terms of Use and the product or service-related terms and conditions, the financial product or service-related terms and conditions will prevail with respect to your product and service, and will apply to you to the extent of such inconsistency.

Any information or advice provided through these Terms of Use or on our website is general in nature only, and does not take into account your objectives, financial situation or needs. Because of that generality, you should, before acting on any such information or advice, consider Bree’s products’ and services’ appropriateness to your circumstances.

You should also read and consider the Target Market Determination (TMD) and Privacy Policy before making any decision about whether to acquire or use the Bree App and use the Bree App Services.

These documents explain important details you should know before applying to use the Bree App and the Bree App Services.

1.4 Your contract with us

(a) By downloading the App, you confirm that you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not access the App and you should cease using it (including, in the case of the App, by uninstalling it) immediately.

(b) If the user of the Bree App or Bree App Services is not a minor, the user acknowledges and agrees to be bound and consents to these Terms of Use on accepting or using the Bree App and Bree App Services.

(c) You act as the minor’s guarantor and accept all responsibility for the minor’s actions or omissions in relation to their use of the Bree App and the Bree App Services, including any breach of these Terms of Use or the Bree App Services Terms and Conditions.

(d) By continuing to use this App, you agree to be bound by these Terms of Use. Any changes will be deemed by Bree to have been accepted by your continued use of the Bree App and the Bree App Services, including where that use is by a minor.

(e) If you are not the Parent or guardian of a Child who you are sharing this App with, or whose information you seek to include in or through this App, you represent and warrant that you have all necessary permissions and consents from each Child’s parents or guardians to enable you to provide such information or access.

2. Accessing the App and Bree App Service

(a) To download the Bree App you must:

i. be an individual;

ii. be at least 18 years of age and a holder of an Australian drivers’ licence, passport or other Australian issued identity documentation as accepted by 1derful and from which your identity can be verified;

iii. have a verifiable email address and Australian mobile number;

iv. be matched to 1derful’s satisfaction against a credit bureau; and

(b) To create an Bree Account, you will be required to add a valid payment source to your Account.

(c) Unless expressly provided for elsewhere in these Terms of Use, if you use the App or Bree App Services you agree that you:

i. will only provide the App with your own Personal Information;

ii. will not provide the App with any other person’s Personal Information;

iii. will not sell, transfer or otherwise assign any rights you have in relation to the App;

iv. will not share your Access Information with any other person; will comply with any service instructions or guidelines provided by Bree or on Bree’s behalf;

v. will ensure that your valid payment source always has sufficient funds to enable Frequency Amounts to be debited from the payment source;

vi. are solely responsible for all activities that occur using your Access Information whether or not you authorise the activity; and

vii. are solely responsible for maintaining the confidentiality of your Access Information and for restricting access to the Device on which the App is installed.

(d) Bree will not be liable for any loss or damage suffered by you or any other third party as a result of your failure to comply with your obligations in these Terms of Use, to the extent your failure of obligations under these Terms of Use, or breach of these Terms of Use, has caused the loss to you or a third party.

3. Acceptable use

(a) You may not use the App to engage in conduct that, in Bree’s opinion:

i. is unlawful;

ii. interferes with any other person’s access to the App;

iii. is defamatory, harassing or threatening to any person;

iv. promotes or encourages physical or mental harm of any person or animal;

v. promotes violence against any person or animal; or

vi. threatens or promotes domestic or international terrorism.

(b) If you use the App to engage in conduct referred to in 3(a), Bree may, without notice to you:

i. suspend or discontinue your access to the App and Bree App Services; and/or

ii. refuse to process or complete any transaction initiated by you on the App.

4. Provision of the Bree App and Bree App Services

Subject to your compliance with these Terms of Use, Bree will provide you with Access to the App and Bree App Services.

5. Protecting your Bree Account

(a) You must act with care in protecting your Bree Account.

(b) You must:

i. keep your Access Information, or secure codes or any other identifications required to access your Bree Account confidential, including by locking your Device where possible and not sharing your Access Information with any other person;

ii. only install the App on a Device that you own, and which is in your custody and control;

iii. if your Device is lost or stolen or if your Bree Account has been accessed or is accessible by anyone other than you, notify Bree immediately by contacting support@meetbree.com.au;

iv. regularly change your password;

v. comply with Bree’s reasonable instructions and guidelines relating to security requirements as amended from time to time;

vi. ensure that all Devices used to access the App have up to date anti-virus software installed and operating; and

vii. only install approved applications on your Device from a known and reputable app store provider.

i. copy, disable, interfere with or make any unauthorised use of any security device or protocol provided by Bree;

ii. override the software lockdown in your Device (including but not limited to jailbreaking or rooting your Device);

iii. leave your Device unattended;

iv. share (whether intentionally or unintentionally) your Access Information with any other person;

v. use the App with a device that is not compatible with the App;

6. Ability and functionality

(a) Bree reserves the right to change or update the Bree App at any time and without prior notice to you. This will require you to update your App and agree to any new Terms of Use that are provided when you update.

(b) Where possible Bree will endeavor to keep you informed of any changes to the App with as much notice as is reasonably possible and will communicate any notification referred to herein by whatever means Bree sees fit.

7. Your Obligations

(a) You understand and agree that:

i. You will only use the App for the purpose of complying with these Terms of Use and the objects of the Bree App.

ii. It is your responsibility to evaluate notifications or alerts received from the App or from Bree via the App and take appropriate action.

(b) You must not either yourself or allow on your behalf any agent or third party to:

i. copy any aspect of the App and the Bree App Services other than in the ordinary course of your operation of the App or use of the Bree App Services, including copying any use, marketing, or promotion of the App, or copying the these Terms and of Use or any other Bree terms associated with the Bree App or Bree App Services, as applicable;

ii. subject to applicable law, decompile, disassemble, or otherwise reverse engineer any aspect of the App or its associated services or determine any source code, algorithms, methods or techniques used or embodied in the App;

iii. without Bree’s prior written consent, modify, translate, adapt or otherwise create derivative works based upon, the App or associated Bree App Services;

iv. copy ideas, features, functions or graphics of the App for use in another product or service;

v. use the App directly or indirectly for any activity or upload, store or transmit any data, information or material unlawfully or which prevents any other customer from accessing, using or enjoying the App;

vi. attempt to gain unauthorised access to the App and associated Bree App Services or any part thereof, or use another person’s Personal Information, or Access Information;

vii. knowingly introduce or transmit any malicious code or other disabling feature to or from the App;

viii. remove, disable or modify any security, anti-virus or other software on the App;

ix. attempt to gain access to any data or information within or through the App, other than your data;

x. use the App, and/or Bree App Services in whole or in part to provide any third party, including an App service provider, with data obtained in connection with these Terms of Use, unless expressly agreed in writing by Bree; and/or

xi. remove any intellectual property ownership or management information appearing in any part of the App.

(c) You must ensure your Personal Information and your valid payment source details remain, at all times, accurate and current, and if your Personal Information or your valid payment source details change, you must update those details immediately.

8. Usage monitoring and reporting

(a) In addition to the monitoring rights provided to us, Apple (under your separate Apple Store terms and conditions), or under any terms of use regulating your Android app purchases or downloads, you understand and agree that we may monitor and measure access to and use of the App, by you for the purpose of ensuring:

i. compliance with these Terms of Use;

ii. technical efficiency and security of the App.

9. Fees and Costs

9.1 We may charge you a fee for providing you with our services under this Agreement. Our fees are published in the Bree Application and on our website at https://meetbree.com.au/howitworks/ and are updated from time to time. We will provide 7 days’ Notice of any variation to our fees.

A subscription fee is charged for each month of your use of the Account, calculated as:

$14.28 per calendar month for the 1st year of use
$10.40 per calendar month for the 2nd and each subsequent year of use. This fee applies from subscription fee payable for the 13th calendar month onwards.

The subscription fee commences to be charged when you first make a Transaction. The second and all subsequent subscription fees are charged on the same calendar day in subsequent months. Where the first instalment date is the 29th, 30th or 31st of the month the second instalment will be on 1st of the second month after.

The subscription fee is charged as long as the Account is active, regardless of whether you have a Credit balance and whether you have any pending repayments.

1derful may also charge fees for processing of payments, where applicable.

9.2 Bree App may impose other fees and charges for using its services, by providing Notice to you. If you do not consent to the charges, you can terminate the Agreement and the charges will not apply to any prior Transactions. If you terminate the Agreement under this clause, all existing Transactions will survive the termination of this Agreement.

9.3 Bree may receive referral fees and/or commissions from product providers and other third parties in connection with its products and services either directly or indirectly, including referral commissions from Residential Connections Pty Ltd for successful connections or product switches authorised by you.

10. Warranties

(a) To the extent permitted by law, Bree does not warrant that the Bree App or Bree App Services will meet any particular requirements or expectations or that the operation of the Bree App or Bree App Services will be entirely error-free or that all defects are capable of correction or improvement. Subject to any implied term, condition or warranty imposed by the Competition and Consumer Act 2010 (Cth) or its schedules, and as amended and/or as legislated under similar state legislation, all other warranties including any implied warranties of merchantability, satisfactory quality or fitness for purpose or ability to achieve a particular result are hereby excluded.

(b) The Bree App Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures in respect of the Bree App or Bree App Services, you are entitled:

i. to cancel your services with us (and must delete the App from your Device); and

ii. a refund of any unused portion; but

iii. such cancellation may not take effect until you have complied with any corresponding instalment obligations

11. Intellectual Property

You agree that you:

i. do not have any right, title or interest in or to any proprietary rights relating to the information contained in the App, Bree App Services; and

ii. will not reproduce information obtained by using the App, Bree App Services except where such reproduction is for your own personal non-commercial use in accordance with these Terms of Use.

12. Limitations related to this App

(a) Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited. Subject to such implied or imposed matters, to the maximum extent permitted by law:

i. Bree’s liability to you for any claims relating to a defect in the App or any unavailability of the Bree App Services, is limited to the re-supply of the associated Bree App services again; or

ii. Bree’s liability to you for any other claims under or relating to these Terms of Use or arising in connection with your use of the App generally and Bree App Services. whether in contract, tort (including negligence) or on any other basis, is limited to $5,000.

(b) Bree will not be responsible or liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Bree App Services or otherwise under these Terms of Use.

(c) Bree will not be responsible, liable or held to be in breach of these Terms of Use for any failure to perform our obligations under these Terms of Use or otherwise, to the extent that such failure is directly attributable to you failing to comply with your obligations under these Terms of Use, or negligence or misconduct by you or a third party.

(d) You understand that the Bree App Services depend on access to the internet to operate. Where internet activity is lost, the applicable services may be downgraded or rendered unavailable.

13. License

(a) Subject to these Terms of Use, while you are a registered user of the App, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use for the sole purpose of accessing and for receiving the Bree App Services. Any use of the App (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of the App is prohibited.

(b) To the extent that you have any proprietary rights in the data captured in connection with your use of the Bree App Services and Bree Account Services, you grant to Bree a non-exclusive, worldwide, royalty free license to:

i. collect, host, copy, transmit, display and store; and

ii. disclose and provide access to,

such data as necessary for Bree to provide the Bree App Services and make available the Bree Account Services in accordance with these Terms of Use.

14. Making a complaint about the App or Bree App Services

(a) We try to get things right the first time – but if we don’t, we will do what we can to fix them. If you have an issue about the Bree App or Bree App Services, you can raise a request for support or, if necessary, make a complaint directly in the app, or by emailing us at: support@meetbree.com.au

(b) We will:

i. keep a record of your complaint;

ii. acknowledge your complaint within 2 business days;

iii. do our best to give you our final response within 30 calendar days; and

iv. if we can’t complete our investigation within 30 calendar days, we will let you know why.

15. Limitation, Suspension or Termination

(a) Despite any right contained in these Terms of Use, we are obliged to implement any sanctions or prohibitions or conditions that are legislated by the Federal Government from time to time. Therefore, we may be prohibited from dealing with certain persons or entities. This means that if we are aware that you are or appear to be a Proscribed Person, we may immediately refuse to process or complete any transaction or dealing of yours and/or suspend or terminate the provision of the Bree App, and/or Bree App Services.

(b) We can also suspend or terminate access to the Bree App, and/or Bree App Services effective immediately, or not process a Transaction if:

i. we reasonably think you are using the Bree App, and/or Bree App Services in connection with unlawful activities, including in a fraudulent or illegal way, or in a way that might cause you, us or others to lose money;

ii. we consider doing so is reasonably necessary, including to manage our compliance with laws in Australia or overseas, or to manage regulatory risk;

iii. we detect or suspect unusual activity which may be the result of malware or a virus, ID takeover or phishing, in which case we reserve the right to withhold access to the App where we continue to detect malware or a virus, or you refuse to follow our recommendations provided to you to assist with the removal of malware and/or viruses from your computer or device;

iv. you are accessing the App within sanctioned countries. (A list of the sanctioned countries can be found at What You Need to Know | Australian Government Department of Foreign Affairs and Trade (dfat.gov.au)); and/or

v. you fail to keep your valid payment source details up to date in accordance with these Terms of Use.

(c) In each of the circumstances above, we may, for security or legitimate business purposes, suspend or terminate your account or access to the App without notice to you, where reasonably required.

(d) We may also at our discretion suspend or terminate the provision of the Bree App, or Bree App Services if:

i. we believe you are in breach of any of these Terms of Use, including where we reasonably suspect you of engaging in fraud or any other illegal activity or you use or attempt to use the App to engage in any activity that is not legal in Australia;

ii. you give us false or inaccurate Personal Information when you provide information to Bree;

iii. you include or use inappropriate content on the App;

iv. for security, technical, maintenance or operational reasons where we consider it reasonably necessary or appropriate to do so in accordance with our legitimate business purpose; and/or

v. we reasonably believe to do so protects our legitimate business interests.

(e) When we exercise this discretion we will:

i. provide you with as much prior notice as is, in Bree’s opinion, reasonable in the circumstances;

ii. act fairly and reasonably towards you in a consistent and ethical manner; and

iii. consider your conduct, our conduct and the products and/or services that are being used.

(f) If the App is terminated or suspended by us these Terms of Use will remain in effect to the extent such Terms of Use are intended to survive, and you will remain bound by them except that your right to access or use the App and Bree App Services will terminate or be suspended.

(g) You acknowledge that your personal settings and other saved data may be lost on termination or withdrawal of access to the App or any of its features, and that we are not responsible for any such loss.

16. Cancellation of your Bree Account

(a) You may cancel your Bree Account at any time by selecting the ‘Account’ menu and clicking ‘Close my account’

(b) Cancellation of your Bree Account will not become effective until you have successfully paid corresponding instalment obligations which you committed to prior to cancellation.

(d) You can reactivate your account by signing up again.

17. Communications with you

(a) We may send you notifications via a push notification service or other reminder mechanism, via email, or via SMS. Push notifications will be sent to any compatible Apple or Android Device on which you have downloaded the App and have push notifications enabled. For your Apple Device, you can enable or disable notifications for the App via the notifications tab in your Device settings. For you your Android Device, you can enable notification in the Bree App settings. Depending on your Device settings, notifications may be seen by other people (including unauthorised persons) who are able to see your Device or any linked peripheral devices (for example, a smart watch). Please check the notifications settings on all your devices to ensure the privacy and notifications settings are appropriate for your use and needs.

(b) Notifications may include:

i. notifications of bills received

ii. notifications of bills paid

iii. notifications of failure to pay

iv. account alerts

v. security and service alerts;

vi. alerts when new versions or upgrades are available;

vii. special offers, information and reminders about products and services;

i. to receive notifications and acknowledge that their delivery may be subject to the quality of your connection and the accuracy of the contact details you have provided;

ii. it is your responsibility to check any notification information before acting on it; and

(d) We reserve the right to suspend, change or discontinue notifications at any time without notice.

(e) Notifications do not affect your obligation to comply with the terms applicable to the Bree App and Bree App Services

(f) As part of the App, we may, from time to time, send you messages that include commercial electronic messages including advertising, promoting or offering new or existing products, services or messages. Where we send you a message that has commercial component, we will include information as to how to unsubscribe from future, similar messages.

(g) You acknowledge that it is your responsibility to access the App regularly to ensure you are up to date with instalments.

18. Your Information

(a) We collect and store information when you download, install and use the App, and register for and login to use the Bree App Services and any other services accessed via the App.

(b) You must give us accurate and complete information. Otherwise, you may be breaking the law and we may not be able to provide you with certain parts of our services. If you change your personal details (for example, name or email address, valid payment source details, or any other personal information) you must update those details within 7 days.

(c) Our collection and use of your personal information is governed by our Privacy Policy, which can be viewed by clicking here.

(d) Our policy includes information about:

i. the ways we may collect, use or exchange your information;

ii. how you may access and seek correction of the information; and

iii. how to make a complaint about a breach of your privacy rights, and our complaint handling procedures.

(e) Your use of the App, and/or Bree App Services (as applicable) will be taken to be an acceptance of the terms contained in that Privacy Policy and a consent to the collection, use and disclosure of your information in the manner set out in these Terms of Use and in the Privacy Policy.

(f) For privacy related enquiries, please contact us using the contact details set out in our Privacy Policy.

(g) Our policy should be read in conjunction with any privacy disclosures we give you when you use the Bree App Services.

19. Other things you should know

19.1 Changes to these Terms of Use

(a) We may change these Terms of Use at any time if we deem such changes are required for our legitimate business interests (including where we may adjust the functionality or services provided through the App).

(b) We will provide you with as much prior notice as is possible in the circumstances and notify you of any material changes by electronic notice to you through the “notifications” section of your App. If you do not agree to any changes, you may terminate your use of the App provided you comply with the termination rules within these Terms of Use and terminate the associated Bree App services in accordance with these Terms of Use. Your continued use of the App and associated Bree App services after any such variation or modification will be taken to be an acceptance of such variation or modification. We may, however, also require you to confirm your acceptance of changes to continue using the App or associated Bree App services.

19.2 Using of your location data

(a) If you grant permission through the Bree App to use your Device’s Location Information, we may log this Location Information for security purposes and enable other Bree App functionality where location information is required.

19.3 Emails from Bree

(a) Where you have a query, our staff will respond to your query via email. It is your responsibility to ensure that you regularly check your email.

19.4 Severability

(a) If any provision or part of any provision of these Terms of Use is deemed invalid, this will not affect the validity of the remaining provisions or the remaining part of the affected provision of these Terms of Use, which will remain in full force and effect.

19.5 Waiver

(a) A failure by Bree to assert any right under the Terms of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.

19.6 Assignment

(a) You cannot assign or otherwise transfer any of your rights granted under the Agreement without the prior written consent of Bree. Bree can assign or otherwise transfer any of its rights under the Agreement at any time.

19.7 Links

(a) Any links to third party sites appearing in the App are provided for your convenience only. Your access of third-party sites using these links is done at your own risk and it is your choice if you continue to those links and then proceed to use or purchase goods and services through those links.

19.8 Applicable Law

(a) These Terms of Use are governed by, and will be construed according to, the laws of the State of New South Wales.

(b) By using the App and Bree App Services you irrevocably submit to the jurisdiction of the Courts of the State of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms of Use.

19.9 Software licenses

(a) We use software from various vendors to provide this App and associated services. Where we are required to display the relating licence terms and conditions, we will do so through these Terms of Use or otherwise through the App as notified to you.

19.10 Products and services only provided to Australian residents

(a) This App (including the Bree App Services provided through the App) are only available to Australian residents and by agreeing to these Terms of Use and using the associated services you represent that you are an Australian resident.

19.11 Accessing the App from more than one Device

(a) For security reasons, we may limit the number of Devices you can use to install and register to the Bree App. This limitation may include limiting the number devices you can use the Bree App on concurrently. If you add a new device, you will need to comply with certain security verifications as part of your registration of that device, and these security verifications will be made available to you through the App. If you seek to de-register the App from a device, you should delete the App.

19.12 Collecting device and network information

(a) You acknowledge and agree that we will collect information about your device and network connectivity for security purposes, including:

i. Device characteristics and unique identifiers; and

ii. Cellular and WiFi network names and encryption levels; and IP addresses.

19.13 Contact

(a) If you have any questions, feedback or other comments relating to the App or these Terms of Use, please do not hesitate to contact us by raising a request for support in the App, or by emailing us at: support@meetbree.com.au

20. General Definitions

20.1 Definitions and Interpretation

20.2 Whenever used in this Agreement, unless inconsistent with the subject matter or context, the following words shall have the following meanings:

“Access Information” means your email address and a secure password chosen by you that together you will use to access the App.

“App” or “Bree App” means the 1derful application downloaded by a user to a mobile device and Bree Services available through it..

“Bree”, “we”, “us” and “our” means Alectura Pty Ltd (ABN 46 661 284 804), trading as Bree App, located at 79a Brooker Avenue, Beacon Hill NSW 2100. Alectura Pty Ltd is not an Authorised Deposit-taking Institution for the purposes of the Banking Act 1959 and its services do not represent deposit taking services or any liabilities or obligations that apply to Authorised Deposit-taking services.

“Bree Account Issuer” means 1derful Lending Pty Ltd.

“Bree Account” means the Account held by you with 1derful, created by you when you follow the registration steps after first downloading and accessing the App on your Device.

“Bree App Service” means the Bree services you access upon registering your Bree Account, and the included Services.

“Bree Account Holder” means the person who has registered and has been provided with a Bree Account.

“Agreement” means these Terms and Conditions together with all other documents which are referred to in these Terms and Conditions.‍

“Authorised Deposit-taking Institution or “ADI”” means a financial institution licensed by the Australian Prudential Regulatory Authority (APRA) to carry on banking business, including accepting deposits from the public. Bree is not an authorised deposit taking institution.

“Business Day” means a day on which banks are open for general banking in Sydney, not being a Saturday, Sunday or public holiday.

“Child” means a person who is under the age of 18.

“Customer” mean you or your means the Customer named in the Account Opening Form, together with any:

(a) subsidiaries, affiliates, successors and/or assigns; and

(b) officers, directors, employees and agents.

“Instalment” means the amount payable to Bree

“Device” means an Apple iPhone, iPad or any other mobile telecommunications product operating the iOS operating system, and any other telecommunications product operating the Android operating system, provided that the relevant Device works with the Bree App.

“Fees” means the fees payable by you to Bree]

“General Advice” is as defined in the Corporations Act 2001 (Cth), as varied from time to time.

“Guardian” means the guardian of a Child (or Children) who is over 18 and who has downloaded the App and agrees (a) to these Terms of Use for the Bree App Services, and (b) who may apply for and receive the Bree Account Services (in which case has also agreed to the terms and conditions of the PDS, FSG and TMD).

“Location Information” means the Global Positioning System data held on your Device and shared by your Device with Bree.

“Personal Advice” is as defined in the Corporations Act 2001 (Cth), as varied from time to time.

“Personal Information” means any of your personal details including your first and last names, any middle names, your date of birth and your address. Further personal information may include your driver licence number, your passport number and any other identification information Bree needs to open a Bree Account. Personal Information as defined in the Privacy Act 1988 (Cth), as varied from time to time.

“Parent” means the parent of a Child (or Children) who is over 18 and who has downloaded the App and agrees (a) to these Terms of Use for the Bree App Services, and (b) who may apply for and receive the Bree Account Services (in which case has also agreed to the terms and conditions of the PDS, FSG and TMD).

“Privacy Policy” means our policy on how Bree will collect and use your personal information. Our Privacy Policy is accessible here: https://meetbree.com.au/privacy-policy/

“Proscribed Person” is a person who Appears to Bree or its representatives or agents to:

(a) be a proscribed person or entity under the Charter of the United Nations Act 1945 (Cth);

(b) be a proscribed person or entity under the Autonomous Sanctions Act 2011 (Cth);

(d) appear in a list of persons with whom dealings are proscribed by the government or a regulatory authority of any jurisdiction; and/or

(e) act on behalf, or for the benefit of, a person referred to above.

“TMD” or Target Market Determination means the document required to be produced under section 994B of the Corporations Act 2001, which describes certain attributes of a “financial product” for the purpose of Part 7.8A of the Corporations Act 2001.

“Valid Payment Source” means the debit or credit card nominated by you as the account upon which the instalment is to be debited.

“you” or “your” means, as applicable, the person or Parent who downloads the App and/or applies for and holds an Bree Account. To avoid doubt, where a Child downloads the App, you or your means the Parent of the Child in accordance with these Terms of Use.