Terms and conditions

Updated 8 November 2023

We appreciate your use of our website, applications, software, product and services (collectively, the “Services”).

The Services are owned and operated by Frollo Australia Pty Ltd ABN 49 613 113 269 (“Frollo”). By accessing and or using the Services you agree to these Terms and Conditions (“Terms”) and our Privacy Policy (available at Privacy Policy).

In these terms ‘us’, ‘we’ and ‘our’ means Frollo. ‘You’ means any user of a Service. ‘Your Email Address’ means the email address you provide us when registering for use of the Services. ‘User Information’ means information contained in your Frollo account, including Your Email Address and your password, which allows you to access the Services.  ‘Account Information’ means your own information maintained online by third party institutions with which you have a customer relationship, maintain accounts or engage in financial transactions, which are needed to provide the Services to you.

We may from time to time amend these Terms by publishing modified terms on our website (frollo.com.au). We will provide 30 days notice of any such amendment by either emailing you at Your Email Address, or by providing notification to you through our app. It is your responsibility to ensure that you have read, understood and agree to the most recent Terms available on our website. Before the expiry of this notice period, you should cease using the Services and notify us that you are terminating this agreement if you do not agree to our amended Terms. By continuing to use the Services after the expiry of the notice period, you agree to the Terms as amended.

Frollo does not hold an Australian Financial Services Licence and does not give financial advice. The Services are intended to assist you to manage your finances, and are not intended to be providing financial, legal or tax advice. Frollo does not hold an Australian Credit Licence and does not provide credit services. Nothing in our Services should be construed as a recommendation about a credit or financial product, or financial, legal or tax advice. Any information provided to you by us is general information only which does not take into account your objectives, financial situation or needs. Nothing in our Services should be relied on or influence you in making a decision about a particular financial product, nor should our Services take the place of professional advice. Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances.

It is your responsibility to retain a copy of any data that you enter into the Services.

We will use due care and skill in providing our Services and will provide our Services in accordance with these Terms. However, you acknowledge that the nature of the Services and the communications services on which they rely means that they may not be uninterrupted, timely or error free or that the Services are free of viruses or other harmful components or accessible from any location. Whilst we will use reasonable endeavours to provide a high standard of service to you, we are unable to guarantee the timeliness, accuracy, reliability, delivery or storage of any data, communications or personalisation settings.

To the extent permitted by law, we shall not be liable in respect of any failure to obtain data or loss or corruption of data, communications, personalisation settings or other service interruptions or for the timeliness, accuracy, deletion, non-delivery of any user data. This exclusion does not apply to the extent that any such liability is caused by our negligence, or any breach of our obligations under these Terms in respect of which liability is subject to the limitations set out in these Terms.

Consumer Data Right

Frollo is an Accredited Data Recipient under the Consumer Data Right (“CDR”) and uses the CDR to access CDR data, including Account Information. For further information about how we manage CDR data, please refer to our CDR Policy.

Third party provision of services

We may work with one or more online services to access Account Information. The protection of your information is subject to security and privacy practices, as set out in our CDR Policy and our Privacy Policy.

In circumstances where the CDR is not supported or available, Frollo uses a third party software platform provided by Yodlee Inc (“Yodlee”) to allow users to access their Account Information.

By using the Services you authorise us and our service providers (including Yodlee), to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register accounts requested by you.

We may also present information to you relating to third party products or services. Unless expressly stated, we have no role in the supply of those products and services and we do not endorse, warrant or guarantee these products or services. We will always expressly state where an offer is sponsored. Any third party products or services are provided subject to the terms provided by those third parties, and we do not accept any liability in respect of those products or services.

We do not guarantee or represent that any third party offers, products or services presented to you via our Services are actually the terms that will be offered to you if you decide to pursue the offer, or that they are the best terms, or lowest rates available.

All third party products and/or services including names, services, company names and logos mentioned as part of the Services are trademarks of their respective owners, and are not associated or affiliated with us.

User information

In order for us to be able to provide the best service to you, you agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity, your User Information or your Account Information. You agree to keep your Account Information up to date and accurate.You agree and acknowledge that you are responsible for maintaining the security and confidentiality of your User Information, which allows you to access the Services. This clause applies to the extent that the User Information is within your possession or control, and does not limit our obligation to comply with our obligations with respect to security and privacy as set out in these Terms.

By providing us with Your Email Address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.

You agree to notify us immediately if you become aware of any unauthorised use of your User Information.

Cancellation

You may cancel your account at any time through the app or by contacting us through the email address listed below. Following such notification, your account will be deleted from our systems, and nothing will be retained other than as required by law. Simply deleting the app will not give effect to termination and deletion of your information.

We may suspend your account if you breach these Terms, or those of our Privacy Policy. Such suspension may be immediate where the breach poses a threat to the security or continuity of our Service or any data contained within it. Otherwise, we will only suspend your account where we have first given you notice of the breach (‘Breach notice’) and you have failed to remedy the breach within 3 days of issuing that notice. We will use reasonable endeavours to reinstate the Service promptly after you remedy any breach that led to the suspension.

We may cancel your account and terminate the Service if you fail to remedy a breach within 7 days of the Breach notice.

The Breach notice may be given by sending to Your Email Address, or via push notification in our app.

Use policy

By using the Services, you affirm that you are either over 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and to abide by and comply with these Terms.

By using the Services, you agree:

  • to use the Services in accordance with these Terms;
  • to only use the Services in respect of bank accounts held directly by you;
  • to keep your User Information and Account Information up to date and accurate;
  • where Account Information is not provided through the CDR, to the use of the third party platform provided by Yodlee which allows users to access their online banking accounts via the Frollo mobile app or web application;
  • to the transfer of de-identified, encrypted data between Yodlee and Frollo and other third party service providers;
  • to use the Services in accordance with the technology and systems as provided; and
  • that Frollo may vary or modify any or all of the Services provided that we provide 30 days notice of any such variation or modification by emailing you at Your Email Address. Before the expiry of this notice period, you should cease using the Services and notify us that you are terminating this agreement if you do not agree to the variation or modification of the Services. By continuing to use the Services after the expiry of the notice period, you agree to the Terms as amended.

By using the Services, you agree not to:

  • distribute, lease, license, sell, rent or otherwise transfer or assign the Services, or any copies of the Services software, without our prior written consent;
  • make a copy of the Services software or any part thereof;
  • reverse engineer, decompile, disassemble, and/or prepare derivative works based on the Services software, in whole or in part, subject to any rights at law that cannot be contracted out of;
  • otherwise modify the Services software, in whole or in part;
  • remove or modify any proprietary notices, marks or labels contained on or within the Services software;
  • use the Services in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;
  • use the Services in a way that terminates these terms and conditions;
  • use technology or other means that is not authorised by us to access the Services;
  • use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Services software;
  • attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • gain or attempt to gain unauthorised access to the Services software including the networks or user accounts; or
  • attempt to or engage in conduct that damages, disables, overburdens, or impairs the Services software servers or networks.

Intellectual property

All content on the website and application is owned by Frollo or its related bodies corporate. This includes but is not limited to copyrights, trademarks, trade secrets, patents, titles, graphics logos and other intellectual property rights. Frollo retains all right, title, and interest in and to the Services and all related content and intellectual property, and nothing you do on or in relation to the Services, or any of the related content will transfer any rights, in intellectual property or otherwise. You may view content or print a copy of material from the website for personal, non-commercial use, provided that you do not modify the content in any way. You must not otherwise copy, download or reproduce the Services or information contained in them, without our consent.

Content

You are licensing to us and our service providers any information, data, passwords, materials or other content (collectively, “Content”) you provide through the Services to provide the Services to you. We and our service providers may use, modify, display, distribute and create new material using such Content to provide the Services to you.

We and our service providers may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Services.

By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we and our service providers may use the Content for the purposes set out above.

Warranties and liability

All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms and the Services that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

In particular, and without limiting the paragraph above:

Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

If any guarantee, term, condition or warranty is implied into these terms and conditions under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to the paragraphs below in this section and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or the Services whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to $50 AUD.

Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

  • special, indirect, consequential, incidental or punitive damages; or
  • damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Any liability you have to us is diminished to the extent that our acts or omissions (or the acts or omissions of our related bodies corporate or service providers) contribute to or cause the loss or liability.

You must bring any claims in respect of the Services against us and not our related bodies corporate. You agree that those claims will be subject to any limitations or exclusions of liability set out in these terms, and that those limitations and exclusions of liability apply both to our liability and any liability that our related bodies corporate may have to you in respect of the Services.

Jurisdiction and governing law

Your use of the Services and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Assignment

Either you or we may assign our rights under this agreement provided that:

  • the assigning party provides 30 days notice of the assignment;
  • Notice is given in the case of delivery to you via Your email address or through our app, and in the case of delivery to us by email to [email protected]; and
  • The non-assigning party may terminate this agreement prior to expiry of the notice period if they do not agree to the assignment.

General

These Terms, together with the Privacy Policy and any other legal notices published by Frollo in relation to the Services, shall constitute the entire agreement between you and Frollo concerning the Services. However, nothing in these Terms limits any liability either party may have in connection with any representations or other communications (either oral or written) made before or after entering into the agreement, where such liability cannot be excluded by law.

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The provisions of these Terms which by their nature survive termination or the expiry of these Terms, will survive cancellation of your account or termination of the Services.

Contact us

For further information about these Terms or our practices, or to make a complaint, please contact us using the details set out below:

Email: [email protected]