General Terms and Conditions - Mist
MIST is a financial and lifestyle services platform, developed in Australia, that serves and supports students no matter where they are coming from or the destination they are going to
These general terms and conditions comprise a legal agreement between Mist Financial Pty Ltd [ACN 645 778 767] ('Mist', 'us', 'we', or 'our') and you ('you', 'your', or 'Customer') and govern your use of any of our services ('Services'), which includes the use of the mobile application, software, website and/or other products we offer.
These Terms cover the Mist family. This includes Mist Financial Pty Ltd and our group of companies "Mist" refers to the company Mist Financial Pty Ltd, including without limitation thereby, its owners, directors, investors, employees or other related parties.
If you become an Account Holder, please keep a copy of this document and any other related documentation for future reference. The information in this document is subject to change. You should read the entire Terms and Conditions carefully before you use the Mist website, app, software and/or other products and services.
Please also carefully read the Product Disclosure Statement (PDS) (available at Wise AU FSG PDS , that you were provided with when you applied for the Mist Card and your Mist Account as these Terms form part of the PDS and together form our agreement with you for use of the Mist Card and your Mist Account. Wise Australia Pty Ltd holds an Australian Financial Services licence (AFSL: 513764) issued by the Australian Securities & Investments Commission (ASIC). Wise Australia Pty Ltd are also a Purchased Payment Facility provider authorised by the Australian Prudential Regulation Authority (APRA). Wise is the current provider of the underlying Mist Debit Card and powers the Mist Accounts.
Use of MIST Services
You may use our Services only for lawful purposes. Mist may allow any person over 16 years of age to seek to open an account. The right to use Mist Services is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement
You may not use our Services:
- in any way that breaches any applicable local, national, or international law or regulation, or causes Mist to breach any applicable law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- for anything that is abusive, harmful, or does not comply with our content standards;
- for any unsolicited or unauthorised advertising, promotional material, or any other form of spam;
- to deal in harmful programs such as viruses, spyware, or similar computer code designed to adversely affect the operation of any computer software or hardware;
- in any way that would locally or internationally evade any applicable taxes or facilitate tax evasion
- for an unapproved purpose
Customer Due Diligence
To meet our obligations under, before we provide our Services to you and from time to time during our provision of Services to you, we may carry out customer due diligence checks on you, together with any parties involved in your transactions or use of the Services. You must provide us with complete, accurate, and up-to-date information at all times.
You agree that we may make, directly or using a third party, any inquiries we believe are necessary to verify information you provide to us, including checking commercial databases. We may keep records of such customer due diligence checks in accordance with Applicable Law.
Anti-Bribery and Anti-Corruption
Mist will provide you with general information (which may consist of or include material made available by a Government Agency) about the identification requirements set out in any Applicable Law, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act). The AML/CTF Act and associated rules require us to satisfactorily identify any person who seeks to open an Account, before that Account is opened.
We may, at our sole discretion, decline to open an Account or accept any funds in relation to it if one or more of the proposed Account Holders, or any signatories to the proposed Account, do not meet our identification requirements. To apply for a Mist Account, you must be at least 18 years old and comply with any of our eligibility criteria communicated during the onboarding process.
You acknowledge that we may delay, intercept, block, freeze or refuse any transaction or to make a payment if we believe on reasonable grounds that the transaction or making a payment may breach any Applicable Law in Australia or any other country, and we will not incur any liability to you or any third party (including consequential loss) as a result of such delay, interception, blocking, freeze or refusal.
You warrant to us that:
- the payment of monies in accordance with any Instructions received by us will not breach any Applicable Law in Australia or any other country; and
- you will not initiate or effect any transaction that may breach any Applicable Law in Australia or any other country, and
- you indemnify us against any potential losses arising from any breach by you of the above warranties.
You agree, at the opening of your Account and at any time during the life of your Account, to provide to us with any documentation and information we reasonably request from time to time in order for us to undertake any actions to comply with any Applicable Law.
You acknowledge that if we are unable to verify, it is at our discretion to block access to or suspend your Account or the opening or closing of your Account and any funds will not accrue interest or be disbursed until your identity. has been verified.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Mist, it's related entities, third party providers nor any of their affiliates be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of our Services and or the information contained on our website and application.
This includes but is not limited to damages related to loss of profit, goodwill, use, data or other intangible losses resulting from:
- the use or inability of the use of the Service;
- any products, data, information or services purchased or obtained or messages received or transactions entered into , through or from the Services;
- unauthorized access to or alteration of your transmission or data;
- the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages;
- errors, mistakes or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
- any unauthorized access to or use of our servers and / or all personal information and / or financial information stored therein;
- any interruption or cessation or transmission to or from the Services;
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory;
- or any other material relating to the Services.
We understand that, in some jurisdictions, certain warranties, disclaimers and conditions cannot be legally excluded. If this is applicable in your jurisdiction, then, to the extent permitted by law, Mist limits its liability for any claims under any such warranties or conditions to either supplying the Services to you again, or the cost of supplying the Services to you again.
The Services are provided on an “as is” and “as available” basis.
Customer Indemnity: To the extent permitted by law, you as the Customer agree to defend, indemnify and hold harmless Mist, its subsidiaries, partners, service providers, affiliates, contractors, officers, directors, employees and agents from and against any and all claims, liability, damages, losses, obligations, expenses (including but not limited to legal fees), costs or debt caused by or arising directly or indirectly from
- your use of and access to the Services,
- your breach of any of these Terms and conditions
- your failure to comply with Applicable law
- your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or
- any claim that your content caused damage to a third party.
This defense and indemnification obligation will survive these General Term and Conditions and your use of the Services.
The Customer is solely responsible for any use of the Services, the website, the App and other features or products of the Mist Platform, including the content of any data or transmissions it executes through the Mist Platform. The Customer will use all reasonable endeavours to ensure that no unauthorised person will or could access the Mist Platform. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Disclaimers. To the extent permitted by law, Mist makes no warranties, guarantees or representations of any kind with respect to the Services, App and other products or features of the Platform. All warranties, conditions and terms, whether express or implied by statute, common law or otherwise (including any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose or non-infringement of third party rights) given by Mist are excluded to the extent permitted by law.
In particular, Mist:
- does not make any commitments about the content or data within the Mist platform, the specific functions of the Services or its accuracy, reliability, availability or ability to meet the Customer's needs;
- does not guarantee that the Services will operate uninterrupted or error-free, will always be available, contains and/or displays information that is current or up-to-date, and will be free from bugs or viruses, or never be faulty;
- may occasionally have to interrupt the Customer's use of the Services for operational, security or other reasonable reasons. In such a case, mist will restore access as quickly as practicable; and
- does not offer financial advice and the Customer must not treat any information or comments by Mist as financial advice.
Non-reliance. Mist may work with third parties, to provide the Services. If the Customer receives information from Mist regarding or marked or indicated as provided by such third parties, the Customer will not rely on such information and will not make any claims against such third parties or Mist in relation to such information
Either Mist or User may terminate this Agreement at any time. Without limiting the foregoing, Mist shall have the right to immediately terminate User's Account in the event of any conduct by User which Mist, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
All intellectual property rights vested in texts, images or any other content found on or related to the Website and/or App are owned by Mist.
Users may not engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit software, or other licensed materials without the appropriate authorization from the rights holder; use of Mist intellectual property, name, or logo, including use of Mist trade or service marks, without express consent from Mist or in a manner that otherwise harms Mist or the Mist brand; any action that implies an untrue endorsement by or affiliation with Mist.
Mist may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.
Modification to Terms and Conditions
Mist reserves the right to update, change or modify the Terms at any time without notice to User. The most current version of the Terms can be reviewed by clicking on the “General Terms & Conditions” hypertext link located at the bottom of our Web pages.
Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof on our website and/or app, which may be given by means including, but not limited to, posting on Mist Products, or by electronic or conventional mail, or by any other means by which User obtains notice thereof.
If Mist is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to You with respect to the Services provided under this agreement and for a time period coincident with the event.
If you have a concern or complaint about how we have handled your personal information, let the Mist team know and we will work to fix it. If you are not satisfied with how we responded to your complaint about how we've handled your personal information, there are other things you can do.
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the information on the contact page of our website.
Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.
However, if you feel that your complaint has not been satisfactorily addressed or that it is taking too long to resolve your complaint, you are entitled to contact the Office of the Australian Information Commissioner (OAIC), on 1300 363 992 or the other contact details on the OAIC's website (http://www.oaic.gov.au), who may investigate your complaint further.
Jurisdiction and governing law
The 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.