Terms + Conditions

Welcome

Welcome to LIZ! We provide a personalised payments platform for property tenants (LIZ App).

Before we get started, there are just a few terms and conditions we need to cover to make sure we’re all on the same page.

1. Introduction

These terms and conditions (Terms) are entered into between you (you or your) and LIZ Trading Pty Ltd ACN 653 255 773 (we, us or our), together the Parties and each a Party. These Terms govern your use of your LIZ Account and the LIZ Services on the LIZ App. These Terms supplement and incorporate our Privacy Policy, Website terms of use and any other applicable LIZ policies or conditions available on the LIZ App or the Website.

Please carefully read all of the Terms, the terms of the applicable policies and each of the other agreements that apply to you.

We may revise these Terms and the incorporated policies at any time. The revised version will be effective at the time we specify. If our changes reduce your rights or increase your responsibilities, we will provide notice of at least 30 days to you by a notification within your LIZ App or by email to the email address we have for you.

2. Acceptance

By registering, creating and using a LIZ Account, you accept and agree to comply with all of the Terms, and acknowledge that we do not seek to guarantee your performance of your obligations under your respective lease or property agreement for your Property and we only assist to facilitate your payment obligations under such a lease or property agreement.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

3. Privacy Policy

We collect personal information about you in order to provide the LIZ Services and for purposes otherwise set out in our Privacy Policy at www.lizapp.com.au/privacypolicy.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

4. Communications Between You and Us

These Terms and any other agreements you have with us may be provided electronically. We may communicate with you about your LIZ Account and the LIZ Services electronically. You will be considered to have received a communication from us, if it’s delivered:

1. via the LIZ App as a notification, from the time that you next open your LIZ App;
2. by text message, at the time the text message is delivered;
3. by email, 24 hours after the time we email it to you; and
4. if it’s delivered by mail, 3 Business Days after we send it.

Except as otherwise set out in these Terms, written notices to us must be sent by postal mail to:

Level 3, 19 Howard Street

Richmond VIC 3121

5. Your Account

5.1 Opening an Account

You must register and create an account (LIZ Account) to access the LIZ Services on the LIZ App. Your use of any LIZ Services is subject to you having the applicable Account Type. Your LIZ Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for maintaining adequate security and control of your LIZ Account and any and all usernames, IDs, passwords, personal identification numbers or any other codes that you use to access your LIZ Account and the LIZ Services.

You agree to provide accurate, current and complete information and must keep your mailing address, email address and other contact information your LIZ Account profile current and up to date. You agree to provide to us in a timely manner all documentation relating to your identity if requested by us.

You agree to immediately notify us of any unauthorised use of your LIZ Account or if you believe your LIZ Account has been compromised. We will not take responsibility for unauthorised access or unauthorised use of your LIZ Account.

You understand that it is a legal requirement for us to verify your identity before you make any payments through the LIZ App, therefore you agree to provide us with such information as is required for us to verify your identity and any other information we require from time to time, including information we require to comply with the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth).

You can start using the LIZ Services once your LIZ Account has been fully verified to our satisfaction.

6. Closing Your Account

You may only close your LIZ Account and terminate your relationship with us if:

1. you don’t have any outstanding obligations related to your LIZ Account;
2. there is not an ongoing investigation of any nature in connection with your LIZ Account;
3. you don’t have a pending transaction or an open dispute or claim;
4. your LIZ Account doesn’t have a negative balance;
5. your LIZ Account isn’t subject to a hold, suspension, limitation or reserve; or
6. you don’t have an outstanding balance on a loan from us.

Any funds in your LIZ Wallet at the time of closure, less any fees and any other amounts you owe us under these Terms, will be paid to you by our third party payment provider by one of the following means, which may be determined by us, at our sole discretion:

g. direct deposit to your linked Australian bank account; or

h. a cheque mailed to the address listed in your LIZ Account.

When you close your LIZ Account, we will cancel any scheduled or incomplete transactions. Once we have received a request to close your LIZ Account we will no longer allow any payments to be made from the LIZ Account.

7. Payment and Fees

7.1 Making Payments for Rent

1. You may direct us to facilitate payments of rent (Rent) for your Property to verified real estate agents or landlords. You may not make any payments to any party that is not a Permitted Payee.
2. You may make payments to a Permitted Payee by using the LIZ App to either schedule recurring transactions in your Rent Schedule or by directing us to facilitate a single payment.

7.2 Payment

We have contracted with a third party payment processor for that third party to provide payment services to you via the LIZ App. In doing so, we are not acting as your agent. Zai Australia Pty Ltd, which holds Australian Financial Services Licence number 478497 (together with its affiliates, subsidiaries and divisions, collectively Assembly) is the entity that has been contracted to facilitate the payment process for all payment transactions in connection with the LIZ Services including holding your funds on your behalf. The terms and conditions applying to the use by you of the platform established by Zai Australia Pty Ltd for the payment services that Zai Australia Pty Ltd provides are set out in an End User Agreement accessible here. You should note that Zai Australia Pty Ltd reserves the right to update or modify the End User Agreement at any time with or without prior notice that Zai Australia Pty Ltd considers reasonable according to the nature and extent of the changes. Notice may include notice on Assembly's website or the LIZ App. Any use of the services provided by Zai Australia Pty Ltd after publication of such notice shall constitute your acceptance of the modifications.

In agreeing to these Terms, you agree that:

1. you enter into the End User Agreement directly with Zai Australia Pty Ltd as principal; and
2. you are bound by the End User Agreement when making or receiving a payment as a binding contract between you and Assembly.

You do not become bound by the End User Agreement as a result of us acting as your agent.

A breach by you of any of the terms of the End User Agreement constitutes a breach by you of these Terms.

7.3 Fees

The fees payable by you in connection with the LIZ Services will be in accordance with those specified in Schedule 1 in these Terms and in the LIZ App. The Fees set out in the LIZ App will take precedence over those Fees set out in Schedule 1.

7.4 Promotions

We may from time to time run promotions on the LIZ App which will be governed by their own respective terms and conditions as set out in the LIZ App. In the event of any inconsistency between those terms and conditions and these Terms, these Terms prevail.

8. Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, or an Australian bank account to your LIZ Account digital wallet (LIZ Wallet) as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). You can also make manual payments into your LIZ Wallet by BPay or bank transfer.

If you have chosen a Default Payment Method, it will be shown as the Default Payment Method unless you have told us otherwise.

You can also select a Secondary Payment Method and link this to your LIZ Wallet. Where a payment from your Default Payment Method fails, we may use your Secondary Payment Method to make the payment instead.

9. LIZ Wallet

9.1 LIZ Wallet Funds

1. You may choose to store funds in your LIZ Wallet from time to time.
2. The amount of funds available in your LIZ Wallet is considered your Available Balance. You will not receive interest or any other earnings on funds held on your behalf by Assembly.
3. You acknowledge that the Available Balance can be used at any time to meet any of your financial obligations in respect of your LIZ Account.
4. Funds held in your LIZ Wallet will be held on trust for you and you acknowledge that the funds will be held in an account maintained and held by Zai Australia Pty Ltd and may be co-mingled with other funds.
5. You acknowledge that the Available Balance will be used to meet your payment schedule of recurring Rent payments which you may set up in your LIZ Account, as outlined in the LIZ App (Rent Schedule).
6. You can set up a recurring deposit at your chosen intervals to ensure that you will always have sufficient Available Balance in your LIZ Wallet to meet the payments required by your Rent Schedule (Deposit Schedule).
7. You acknowledge and agree that it is a requirement for the provision of LIZ Services that you have sufficient debit card, credit card, or an Australian bank account to meet any of your financial obligations in respect of your LIZ Account and we can charge any costs incurred by us (as charged by Assembly) as a result of any dishonoured payment due to your insufficient funds.

9.2 Adding Money

You can add funds to your LIZ Wallet either by using the BPAY details provided to you (note that it can take up to 2 Business Days for funds to clear using this method), the bank account information provided or by using any of the payment methods linked to your LIZ Account. When using the payment methods linked to your LIZ Account, you can either direct us to add funds to your LIZ Wallet as a one off or you can set up a Deposit Schedule. Amounts in your LIZ Wallet can only be used by you once Zai Australia Pty Ltd has received cleared funds. We will use reasonable endeavours to effect any such payment as soon as practicable after Zai Australia Pty Ltd receives cleared funds from you.

9.3 Withdrawing Money

Other than by directing us to facilitate Rent payments on your behalf, you may not withdraw funds from your LIZ Wallet except if you are closing your LIZ Account or under other limited circumstances. If you wish to withdraw funds, you will need to contact us at info@lizapp.com.au to request a withdrawal. If we receive such a request, we will evaluate it and provide a response within 2 Business Days. Withdrawals less any applicable fees, will be paid to you at our discretion by:

1. direct deposit to your linked Australian bank account; or
2. a cheque mailed to the address listed in your LIZ Account.

10. LIZ Services

10.1 Account Types

LIZ provides a range of services for you depending on the Account Type you sign up to (LIZ Services). You must pay the fee for the Account Type, if any, as outlined in the LIZ App.

Where a fee is payable for your Account Type, your LIZ Account will automatically renew at the end of the relevant Account Type period unless you cancel your LIZ Account in accordance with the requirements of the LIZ App. The cancellation will take effect at the end of the Account Type period for which you have paid and no pro-rata refunds will be payable to you.

The LIZ Services allow you to pay your Rent to Permitted Payees through the LIZ App.

10.2 LIZ Free

If your Account Type is LIZ Free:

1. you are able to add funds to your LIZ Wallet and use those funds to pay your Rent to Rental Providers. You may not make any payments to a party unless that party is a Permitted Payee;
2. you can add funds to your LIZ Wallet once per fortnight by direct debit or bank transfer from an Australian Bank Account without incurring any transaction fees. If you choose to add funds to your LIZ Wallet more than once per fortnight, LIZ reserves the right to charge you transaction fees outlined in the LIZ App;
3. you may direct LIZ to facilitate the payment of your Rent using the funds in your LIZ Wallet to a Permitted Payee by using the LIZ App to either schedule a recurring transfer in your Rent Schedule or by directing us to facilitate a single payment;
4. you will need to have an Available Balance greater than or equal to the required amount of the transaction on any date that a Rent payment is required to be made from your LIZ Wallet. We will not make any payments of Rent to your Rental Provider if you do not have sufficient Available Balance; and
5. you will be provided with access to the LIZ Sharehouse feature allowing you to split the total Rent for a Sharehouse between your housemates.

10.3 LIZ Sharehouse

We will provide to you the LIZ Sharehouse feature on the basis that:

1. you may join or create a Sharehouse for a specific Property;
2. each Sharehouse will have at least one (1) house administrator who is responsible for setting up the Sharehouse members (Housemates) and for ensuring the Sharehouse collectively meets its obligations under these Terms and in fulfilment of the Rent payment obligation under the respective lease or property agreement for the relevant Property;
3. the Sharehouse administrator will allocate a portion of the Rent to each Housemate and each Housemate agrees for that portion of the Rent to be deducted from their LIZ Wallet in accordance with the due date for each relevant Rent period or with the Rent Schedule for the Sharehouse if there is one;
4. LIZ will facilitate the payment of the combined Rent to the Rental Provider as directed by the Sharehouse administrator or in accordance with the Rent Schedule for the Sharehouse;
5. LIZ is not responsible for any Sharehouse disputes or disagreements over any amounts owing from any Housemates and the Housemates agree that it is their responsibility to provide the correct amount of Rent for each relevant Rent period;
6. when a Housemate leaves the Sharehouse, the Sharehouse administrator will re-allocate the Rent promptly before the next relevant date for payment of the Rent and each of the Housemates agree to the re-allocated amounts of Rent;
7. Housemates agree for each Housemate to be notified if a defaulting Housemate misses any Rent payments;
8. Housemates agree for each Sharehouse administrator to be notified if any Housemate falls behind on the Deposit Schedule;
9. Housemates acknowledge and agree that it is their collective responsibility to maintain their payment obligations to their Rental Provider under their respective lease or property agreement for the relevant Property; and
10. LIZ is not undertaking that the payments made through the LIZ App reflect the legal obligations of any of the Housemates to pay Rent under their respective lease or property agreement for the relevant Property.(i.e. Housemates are jointly liable for Rent if one Housemate doesn’t pay the requisite Rent – the fact that the other Housemates have paid through LIZ does not absolve the other Housemates of this obligation under their respective lease or property agreement for the relevant Property).

11. Complaints

11.1 Customer Complaints

12. Restricted Activities and Holds

12.1 Restricted Activities

In connection with your use of the LIZ App, you must not, without limitation:

1. breach these Terms, or any other agreement between you and us;
2. violate any law, statute, ordinance, or regulation (for example, those governing financial services or anti money-laundering and counter terrorism-financing);
3. infringe LIZ's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
4. act in a manner that is defamatory, trade libellous, threatening or harassing;
5. provide false, inaccurate or misleading information;
6. send or receive what we reasonably believe to be potentially fraudulent funds;
7. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
8. attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both LIZ and the bank or card issuer for the same transaction;
9. control a LIZ Account that is linked to another LIZ Account that has engaged in any of these restricted activities;
10. access the LIZ Services from a country that is not Australia;
11. take any action that imposes an unreasonable or disproportionately large load on our LIZ App, Website, software, systems (including any networks and servers used to provide any of the LIZ Services) operated by us or on our behalf or the LIZ Services;
12. facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or LIZ Services;
13. use an anonymising proxy;
14. use any robot, spider, other automatic device, or manual process to monitor or copy our websites;
15. use any device, software or routine to bypass our robot exclusion headers;
16. interfere or disrupt or attempt to interfere with or disrupt our LIZ App, Website, software, systems (including any networks and servers used to provide any of the LIZ Services) operated by us or on our behalf, any of the LIZ Services or other users’ use of any of the LIZ Services;
17. take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
18. use the LIZ Services to test credit card behaviours;
19. circumvent any LIZ policy or determinations about your LIZ Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional LIZ Account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional LIZ Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s LIZ Account; and/or
20. harass and/or threaten our employees, agents, or other users.

12.2 Actions We May Take if You Engage in Any Restricted Activities

13. Account Statements and Requesting Account Records

You have the right to receive an account statement showing your LIZ Account activity. You may view your LIZ Account in the LIZ App or you can request a copy of your statement by emailing info@LIZ.com.au. LIZ will provide a copy of your statement within 5 Business Days.

14. Account Limitations

14.1 General information about Account Limitations

1. Under certain circumstances, in order to protect LIZ and the security and integrity of the LIZ Services or if required due to a court order, applicable law, regulatory requirement or other legal process, LIZ may take account-level or transaction-level actions. If we take any of the actions described here, we’ll provide you with notice of our actions (but may not be in a position to disclose the reasons for such actions), and we retain the sole discretion to take these actions. To request information in connection with an account limitation, you should contact us at info@lizapp.com.au or follow the instructions in our email notice with respect to the limitation.
2. We may limit your access to sending, receiving or withdrawing funds for up to 180 days. A limitation may remain beyond 180 days if we reasonably believe there is still a risk to the integrity, security or reliability of us or our systems or if required due to a court order, applicable law, regulatory requirement or other legal process.
3. You must resolve any issues with your LIZ Account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect LIZ, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other Liability. The actions we may take include:

15. Australian Consumer Law

Consumer Law, including the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the LIZ App by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the LIZ App provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the LIZ App) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

This clause will survive the termination or expiry of these Terms.

16. Liability

16.1 Liability for Unauthorised Transactions and Other Errors

1. You can review your transaction history at any time by logging into your LIZ Account. It is important that you regularly access and review your transaction history and immediately contact us if you believe your LIZ Account has been compromised.
2. You are responsible for Liability arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to the Liability through fraud or negligence. You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us.
3. Where we can prove on the balance of probability that you contributed to the Liability resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual Liability that occurred.

16.2 Notifying LIZ of errors and unauthorised transactions

1. If you believe there has been an error or unauthorised transaction, you must notify us as soon as possible by contacting us at info@lizapp.com.au.
2. It may take up to 30 days to investigate your complaint or question. Once we have completed our investigation, we’ll advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose.

16.3 Indemnification

1. You indemnify and hold us, LIZ Affiliates, and each of their officers, directors and employees harmless from Liability (including legal fees) arising out of or in connection with:

16.4 Exclusion of liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or in connection with: (1) your acts or omissions; (2) any use or application of the LIZ App by a person other than you, or other than as reasonably contemplated by these Terms; (3) the absence of, or reduction in, any anticipated result, outcome or benefit with respect to the LIZ App; (4) any illness, injury or death resulting from use of the LIZ App; and/or (5) any event outside of our reasonable control, except to the extent any such Liability was directly caused by our negligent act or negligent omission. We will not be liable for Consequential Loss.

This clause will survive the termination or expiry of these Terms.

16.5 Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, our maximum aggregate Liability arising from or in connection with these Terms will be limited to us to resupplying the LIZ Services to you or payment of the cost of the re-supply of the LIZ Services.

This clause will survive the termination or expiry of these Terms.

17. LIZ's Rights

17.1 LIZ suspension and termination rights

LIZ, in its sole discretion, may terminate or suspend your LIZ Account at any time to protect its legitimate interests, including if it is unable to continue to offer the LIZ Services to you, subject to the provision of reasonable notice.

17.2 Amounts owed to LIZ

If there are insufficient funds in your LIZ Wallet to cover any amount you owe us or LIZ Affiliates, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debts by:

1. debiting your LIZ Wallet at a later date;
2. debiting a Default Payment Method;
3. debiting your Secondary Payment Method;
4. setting off the credit balance of any account you have with us or any monetary liability we owe you and towards satisfaction of your debt; or
5. any other legal means.

17.3 No waiver

Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

18. Warranties

18.1 Your Warranties

You represent, warrant and agree that:

1. you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms and you will not use our LIZ App in any way that competes with our business;
2. there are no legal restrictions preventing you from entering into these Terms;
3. these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms;
4. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
5. you have not relied on any representations or warranties made by us in relation to the LIZ App (including as to whether the LIZ App is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
6. you will be responsible for the use of any part of the LIZ App, and you must ensure that no person uses any part of the LIZ App: (1) to break any law or infringe any person’s rights (including intellectual property rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the LIZ App;
7. you authorise us to disclose Card-related profile and related information to third parties (including, without limitation, Visa and Mastercard) for the purpose of eliminating fraud and any other unlawful behaviour;
8. you will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your use of the LIZ App or your LIZ Account; and
9. you will not use any technology (device, software or hardware) to damage, intercept or interfere with our LIZ App.

You acknowledge and agree that:

18.2 No warranty

Subject to the operation of any Consumer Law, any other law in relation to the goods and services provided under these Terms, or any other express warranty or representation we make in these Terms:

1. the LIZ Services are provided “as-is” and no condition or warranty in relation to any good or services supplied by LIZ is to be implied in these Terms, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
2. LIZ does not guarantee continuous, uninterrupted or secure access to any part of the LIZ Services, and operation of our LIZ App, websites, software, or systems (including any networks and servers used to provide any of the LIZ Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control; and
3. LIZ will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but LIZ makes no representations or warranties regarding the amount of time needed to complete processing because the LIZ Services are dependent upon many factors outside of our control, such as delays in the banking system.

19. User Data

You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you to us or inputted by you into the LIZ App, stored by the LIZ App or generated by the LIZ App as a result of your use of the LIZ App (User Data) and for a reasonable period after the cancellation or suspension or termination of your LIZ Account to:

1. supply our LIZ App (including for back-ups) to you;
2. diagnose problems with the LIZ App;
3. develop other services, provided we de-identify the User Data;
4. enhance and otherwise modify the LIZ App; and
5. as reasonably required to perform our obligations under these Terms.

We do not endorse or approve and are not responsible for any User Data. We may, at any time at our sole discretion, remove any User Data.

20. Analytics

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the LIZ App, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, including by commercialising the Analytics, provided that it:

1. does not contain identifying information; and
2. is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.

We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

21. Feedback

You agree that:

1. all intellectual property rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the LIZ App (Feedback), will at all times vest, or remain vested, in us; and
2. we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

22. Third Party Inputs

You agree that the provision of the LIZ App may be contingent on, or impacted by, third parties or any goods and services provided by the third parties, including third parties that provide us with IT services, end users, merchants, suppliers, or other subcontractors (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

23. Notice regarding Apple

To the extent that you are using or accessing our LIZ App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the LIZ App and any content available on the LIZ App.

Apple has no obligation to furnish you with any maintenance and support services with respect to our LIZ App.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

24. Miscellaneous

24.1 Assignment

You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We may transfer or assign these Terms or any right or obligation under these Terms at any time. We will notify you of such a transfer or assignment.

24.2 Dormant accounts

If you do not access or log in to your LIZ Account for two or more years, we may close your LIZ Account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.

24.3 Governing law

These Terms are governed by the laws in force in the state of Victoria, Australia.

24.4 Identity authentication

1. You authorise us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

24.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

24.6 LIZ is only a payment service facilitator

We act as a payment service facilitator only. We do not:

1. act as a common carrier or public utility;
2. act as an escrow agent with respect to any funds kept in your LIZ Account;
3. act as your agent or trustee;
4. enter into a partnership, joint venture, agency or employment relationship with you;
5. guarantee or assume responsibility for the payment of your Rent; or
6. collect or receive payment of Rent.

25. Severability

If any provision of these Terms is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. These Terms will otherwise remain in full force and effect and be enforceable.

26. Definitions

1. Account Type means the type of LIZ Account you may register, create and use on the LIZ App.
2. Available Balance means the funds that you have deposited into your LIZ account and which LIZ has been able to confirm with your bank as being cleared funds.
3. Business Days means days that are not public holidays or weekends in Melbourne, Victoria, Australia.
4. Card means any card issued by Visa or MasterCard, excluding gift cards and other pre-paid cards.
5. Consequential Loss means any loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
6. Consumer Law means the rights you may have under consumer protection laws in respect of the provision of goods or services including but not limited to Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any State based consumer law.
7. Insolvency event can mean many things because there are different types of insolvency and it depends on whether you are an individual or a business. Insolvency events are the happening of any of these events: