These terms and conditions are dated September 2023.
Please ensure that you read the information below and the Terms carefully before accessing or using
the Website, Platform or our Services. Please contact us at support@kttipay.com if you have any
questions.
1. Agreement
1.1. In these terms and conditions (“Terms“), “KttiPay“, “us“, “we” and “our” means KttiPay Pty Ltd
(ACN 657 958 195) trading as KttiPay and “you” and “your” means a user of our Platform (as
defined below).
1.2. These Terms, together with our Privacy Policy, apply to your use of our Platform and any
platform or other service we may provide to you from time to time.
1.3. By using the Platform, you agree to these Terms, together with our Privacy Policy (collectively,
the “Agreement”). If you do not agree with the terms of the Agreement, you must not access,
or use this Platform.
2. About KttiPay and Hay Limited
1.4. KttiPay Pty Ltd (ACN 657 958 195) trading as KttiPay is the operator of the Platform and
Services.
1.5. Hay Limited ABN 34 629 037 403 holds the Australian Financial Services Licence No. 515459.
1.6. All financial products which are promoted or operated through the Platform are not owned or
issued by KttiPay but Hay.
2. The KttiPay Services and Platform
2.1. We provide the Platform which offers information and functionality to manage and track funds
via a Personal Kitty or Group Funds via a Group Kitty. We offer our Platform and our Services
‘as-is’ and without warranty.
2.2. You acknowledge and agree that KttiPay is not the provider of the Hay Services. We make no
representation or warranty in relation to the Hay Services and are in no way responsible for any
liability arising out of your use of the Hay Services.
2.3. You acknowledge and agree that any information or advice provided to you through the
Platform is general in nature and is not intended to constitute financial information or advice. By
providing our Services and the Platform, we do not take into consideration your personal
needs, objectives, or financial situation.
3. Hay Services
3.1. Under its Australian Financial Services Licence, Hay, is authorised to provide financial services
including issuing non-cash payment facilities such as the KttiPay Visa Debit Card and KttiPay
Account (collectively, the “Hay Services“). We are authorised by Hay to market, promote and
distribute the Hay Services defined below to Users through our Platform.
3.2. The Hay Services are subject to:
(a) all Applicable Laws relating to issuing non-cash payment facilities and products; and
(b) the following legal documents issued by Hay from time to time:
(i) Terms and Conditions;
(ii) Target Market Determination;
(iii) Financial Services Guide; and
(iv) Product Disclosure Statement,
(together, the “Hay Terms”).
3.3. The Hay Terms contain important information, and you must read and understand the Hay
Terms prior to using our Services or the Hay Services. The Hay Terms available for you at
www.kttipay.com/tnc.
3.4. To the extent of an inconsistency between these Terms and the Hay Terms, the Hay Terms will
prevail in relation to any terms and conditions relevant to the Hay Services.
4. Platform Use
4.1. You warrant and represent that your access to, or use of, the Platform or our Services is not
unlawful or prohibited by any laws which apply to you. You understand and agree that any
suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement
authorities.
4.2. To access certain content on the Platform, you must first become a Registered User by creating
a User Account.
4.3. To create a User Account you will be asked to provide certain Registration Data and you will be
required to nominate a password. You must ensure that all Registration Data is accurate and up
to date at all times.
4.4. You may not use one email address to register for multiple User Accounts and you must not
hold more than one User Account at the same time. We reserve the right to refuse registration
requests in our sole discretion.
4.5. Your User Account will also store any other information you elect to provide us, or that is
generated through your use of, or activities on, the Platform. This may include personal contact
information and details about your KttiPay Account(s), KttiPay Visa Debit Card and all
applicable transaction data. Any such data that is personal information will be collected, stored,
used and otherwise dealt with in accordance with our Privacy Policy.
4.6. While we take steps to protect the security of the information on our Platform through data
encryption, you have sole responsibility for any activity that occurs on or via your User Account.
4.7. You must keep your password secure and you must not grant access to your User Account to
any other person.
4.8. You must notify us immediately if you become aware of any security breach or any
unauthorised use of your password or User Account.
4.9. We may, in our absolute discretion, terminate your User Account, disable your User Account or
restrict your access to the Platform and/or our Services (temporarily or permanently) where you
have breached this Agreement or the Hay Terms or for any reasonable reason and at any time.
Under these circumstances, you may be prevented from accessing all or parts of the Platform,
your User Account details, or any other content associated with your User Account. We will not
be liable to you or any third party if this occurs. We may impose limits or restrictions on the use
you may make of the Platform. Further, we may, for any reason, at any time and without notice
to you, change or remove Platform functionality.
4.10. The Platform contains links to third party websites. Any links to such websites provided on the
Platform are for convenience only. Other than our relationship with Hay, we do not represent
that we have any relationship with any linked websites nor recommend or endorse any goods,
services or third party content appearing on, or via, other websites linked to the Platform. We
are not responsible for any loss or damage that may arise from your access to, and/or use of,
third party websites, products and services. Additionally, we are not responsible for the content
or privacy practices associated with linked websites. You should make your own enquiries
before using and/or accessing third party websites.
4.11. You may not use the Platform other than for its intended purpose. You agree that you will not
engage in any activity that interferes with or disrupts the Platform or the servers and networks
that host it. You agree not to, circumvent, disable or otherwise interfere with security-related
features of the Platform or attempt to do so or otherwise interfere with, or restrict, any person or
visitor from accessing or using the Platform.
4.12. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute,
display, reproduce or transmit any content displayed or published on the Platform.
4.13. You must take your own precautions to ensure that the telecommunications equipment and
computer systems used by you to access and use the Platform do not expose your
telecommunications equipment and computer systems to any viruses, malicious computer code
or other forms of interference which may damage your computer system. We accept no
responsibility for any loss or damage to you or anyone else which may arise out of, or in
connection with, your access to, and use of, the Platform.
5. Types of Users
5.1. There are three types of Registered Users on our Platform and a single person may be
considered one or more of the following:
(a) a person who is the legal and beneficial owner of the assets in a Kitty, including a Personal
Funds (in the case of a Personal Kitty) or Group Funds (in the case of a Group Kitty)
(“Owner”);
(b) a person who is authorised by the Owner to have administrative power over a Group Kitty
(“Administrator”); and
(c) a person who has been invited by an Owner or an Administrator to access the information
available in a Group Kitty deposit Group Funds into a Group Kitty (“Member”),
and each person who interacts with a Group Kitty together forms a “Group” for that Kitty.
5.2. Any natural person may deposit funds from an external Australian bank account into a Personal
Kitty or Group Kitty, however only Registered Users can perform each of the actions outlined in
clauses 6.3, 6.5 and 6.7 below.
5.3. An Owner may:
(a) create a new Personal Kitty or Group Kitty;
(b) invite persons to become Members of a Group Kitty on behalf of a Group;
(c) appoint persons as Administrators of a Group Kitty on behalf of a Group;
(d) withdraw, spend or transfer Personal Funds from their Personal Kitty or withdraw, spend or
transfer Group Funds on behalf of a Group using the KttiPay Visa Debit Card Services or
by other means. This may include transfer of funds between a Personal Kitty and Group
Kitty; and
(e) close a Personal Kitty or close a Group Kitty on behalf of a Group.
5.4. By becoming an Owner you acknowledge and agree that:
(a) you are the legal and beneficial owner of the Group Funds held in and on trust for any
Group you create;
(b) you are authorised to manage the Group Funds on behalf of the relevant Group and must
manage the Group Funds in the best interests of the Group;
(c) you are solely responsible for managing Group Funds on behalf of the relevant Group and
you accept full responsibility for the actions of an Administrator with regards to their use of
the Group Funds;
(d) you represent that you have the necessary rights, power, authority to enter into this
Agreement, and to perform the acts required by this Agreement;
(e) you will act only in the best interests of the members in your Group Kitty;
(f) you will remain the sole Owner of any Group Kitty you create and will not do anything that
would cause or permit the appointment of another Owner to your Group Kitty; and
(g) you represent that you are an Australian resident and over the age of 18.
5.5. An Administrator may:
(a) invite persons to become Members of a Group Kitty on behalf of a Group;
(b) invite persons to become Administrators of a Group Kitty on behalf of a Group; and
(c) withdraw or spend Personal Funds from their Personal Kitty or Group Funds on behalf of a
Group using the KttiPay Visa Debit Card Services or by other means,
but may not:
(d) close a Group Kitty on behalf of a Group.
5.6. By becoming an Administrator, you acknowledge and agree that:
(a) you are not the legal and beneficial owner of the Group Funds held in a Group Kitty;
(b) all rights title and interest to Group Funds remains with the Owner of the relevant Group
Kitty;
(c) you are authorised by the Owner of the relevant Group Kitty to withdraw or spend the
Group Funds in accordance with the Owner’s instructions and only in the best interests of
the Group;
(d) you represent that you have the necessary rights, power, authority to enter into this
Agreement, and to perform the acts required by this Agreement; and
(e) you represent that you are an Australian resident and over the age of eighteen (18).
5.7. A Member may be invited by an Owner or Administrator to view a Group Kitty but may not:
(a) invite persons to become Members of a Group Kitty on behalf of a Group;
(b) invite persons to become Administrators of a Group Kitty on behalf of a Group;
(c) withdraw or spend Group Funds on behalf of a Group using the KttiPay Visa Debit Card
Services or by other means; or
(d) close a Group Kitty on behalf of a Group.
5.8. By becoming a Member you acknowledge and agree that:
(a) the Owner of a Group Kitty is the legal and beneficial owner of any Group Funds that are
held in that Group Kitty;
(b) by depositing money into a Group Kitty, you are assigning all legal rights, title and interest
in that money to the Owner of that Group Kitty;
(c) an Owner may authorise an Administrator to manage Group Funds on their behalf;
(d) any disputes in connection to the Owner’s or Administrator’s use of the Group Funds must
be raised and resolved with the Owner directly (see clause 20 for further detail on Group
Kitty Disputes); and
(e) you represent that you have the necessary rights, power, authority to enter into this
Agreement, and to perform the acts required by this Agreement.
6. How a Personal Kitty Works
6.1. For the avoidance of doubt, the Owner of a Personal Kitty will be the only person with access to
that Kitty, and a Personal Kitty will not have an Administrator or Member.
6.2. An Owner will not be able to use a Personal Kitty until they have completed a KYC Check;
6.3. If a Personal Kitty is not accessed for a period of more than twelve (12) months we reserve the
right to:
(a) if the Kitty contains Personal Funds, remit the Personal Funds to the account in the name
of the Owner; or
(b) if the Kitty contains no Personal Funds, close the Kitty,
6.4. You may close a Personal Kitty by:
(a) remitting all funds held in a Personal Kitty to an external bank account or otherwise
spending all funds using the KttiPay Visa Debit Card; and
(b) closing your User Account.
6.5. Please refer to our FAQ available at www.kttipay.com/faq for further information on how a
Personal Kitty works.
7. How a Group Kitty Works
7.1. For Owners:
(a) Each Owner of a Group Kitty acknowledges and agrees that when it invites Members to
the Group Kitty it is creating a constructive trust. This means that any Group Funds are
held on behalf and for the benefit of the Kitty Group.
(b) Each Owner controls who can access a Group Kitty (including any information available in
a Group Kitty) and the Owner can restrict or change this access at any time.
(c) Each Owner is solely responsible for any risk or liability in connection with the Group
Funds, including any risk or liability in connection with its own acts or omissions and the
acts or omissions of an Administrator it appoints.
(d) Each Owner agrees that they will:
(i) Act only in the best interests of the Members of the Group Kitty;
(ii) Manage the funds prudently and in accordance with the directions of the Members
and in a manner that aligns with the interests of the Members; and
(iii) Provide regular updates to each Member on the status of the Group Kitty.
(e) Each Owner indemnifies and fully releases KttiPay and Hay in relation to any claims,
indirect or consequential loss, or otherwise for any damage suffered by a Member that
arises in connection with their management of Group Funds or any acts or omissions by
an Administrator it appoints.
7.2. For Administrators:
(a) Each Administrator accepts that is appointed by the Owner to manage any Group Funds
on the Owner’s behalf and it has no legal or beneficial ownership rights in the Group
Funds.
(b) Each Administrator acknowledges and agrees that it will only manage the Group Funds in
accordance with the instructions given by the Owner.
7.3. For Members:
(a) Each Member appoints the Owner (and any Administrator appointed by the Owner) to
manage the Group Funds on their behalf.
(b)Each Member accepts that when it transfers funds to a Group Kitty it is transferring legal
and beneficial interest in such funds to the Owner.
(c) Each Member acknowledges that we make no representation or warranty that Group
Funds will be managed by an Owner (or their appointed Administrator) in the manner in
which they represent to each Member.
(d) Each Member accepts that neither KttiPay or Hay will be liable for any act or omission of
an Owner or any Administrator appointed by it, including any theft, fraud, loss or misuse of
Group Funds. This includes, to avoid doubt, any losses arising under or in connection with
any and all transactions initiated or instructed by an Owner or Administrator with respect to
the Group Funds.
7.4. If a Group Kitty is not accessed for a period of more than twelve months we reserve the right to:
(a) if the Kitty contains Group Funds, remit the Group Kitty proceeds to the account in the
name of the Owner; or
(b) if the Kitty contains no Group Funds, close the Group Kitty.
7.5. Each Member agrees to release KttiPay from, and will indemnify KttiPay against, any and all
actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may
be incurred by, or sustained by a Member, arising under or in connection with any claim to part
or all of the Group Funds.
8. Closing or Suspending a Kitty
Closing a Group Kitty
8.1. A Group Kitty can be closed where the Owner has the consent of all Members and the Owner:
(a) remits all Group Funds held in the Group Kitty to one or more Personal Kitties or an
external bank account, in accordance with the instructions of the Members; and
(b) uses the functionality in the Platform to close the Group Kitty.
Suspension of a Personal or Group Kitty
8.2. If we become aware or reasonably believe that you or any Member of a Personal Kitty or Group
Kitty has committed a breach of these Terms, for example, if we become aware or reasonably
believe that a KttiPay Account:
(a)may have been used to facilitate or is connected with unlawful, suspicious or fraudulent
transactions; or
(b)has been misused, or been subject to unauthorised use; or
(c)gives rise to integrity concerns,
then we may immediately (without prior notice to you or any Member of a Group Kitty):
(d) block, suspend or close a KttiPay Account; or
(e) place a stop payment.
8.3. Notwithstanding clause 9.3, KttiPay reserves the right to suspend and/or close your KttiPay
Account at its absolute discretion if KttiPay reasonably forms the view that your conduct is
detrimental to the Platform.
8.4. If you are dissatisfied with our decision to suspend and/or close your KttiPay Account, you may,
within thirty (30) days of the date your KttiPay Account was suspended and/or closed, request
that we reverse our decision. Your request must be made in writing to support@kttipay.com and
must be accompanied by relevant supporting documentation (if applicable). We will act
reasonably in reviewing our original decision and will use our reasonable efforts to provide you
with a written response within twenty-one (21) days of receipt of your request.
8.5. While your KttiPay Account is suspended, you will not be able to:
(a) deposit funds to the suspended KttiPay Account;
(b) use the functionality related to your KttiPay Account; or
(c) withdraw funds from the suspended KttiPay Account,
until the suspension on your KttiPay Account is lifted. We are not liable to you in any form for
your inability to use your KttiPay Account while it is suspended.
9. Identity Verification and KYC Checks
9.1. To access some of the Services you will be required to verify your identity. We reserve the right
to request verification of your identity at any time, and you agree to comply with any and all
requests to verify your identity (which may be initiated by us, Hay or a third party acting on
either party’s behalf, as appropriate), including a KYC Check.
9.2. The following Users will be required to complete a KYC Check:
(a) Owners will be required to undertake a KYC Check prior to creating a Personal Kitty or
Group Kitty; and
(b) Members and Administrators will be required to complete a KYC Check prior to engaging
with a Group Kitty.
9.3. You acknowledge and agree that a clear KYC Check is a prerequisite to using some of the
Services. If we are not able to verify your identity or you fail to meet the KYC Check
requirements, you may not be able to use part of the Services and/or we may take steps to
deactivate your User Account. If you do not want to provide us with your personal information,
you will not be able to open a Group Kitty or Personal Kitty with us or receive services from us.
9.4. You acknowledge that the Anti-Money Laundering and Counter-Terrorism Financing Act
2006 (Cth) requires us to collect information about you including (without limitation) your full
name, date of birth and your address in order to identify you, and to verify your identity when
you open a KttiPay Account.
9.5. You warrant that the personal details that you provide are true and correct in every respect and
that they are your own personal details (and not details of another person). You acknowledge
that it is an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act
2006 (Cth) to knowingly give information that is false or misleading to a reporting entity.
9.6. It is your ongoing responsibility to keep us informed of any changes in the information you have
given us in connection with your registration with us. You agree to notify us if your residential
address or other contact details change.
11. User of the payment service providers
9.7. You may provide instruction via the Platform for monies to be transferred to a Personal Kitty or
Group Kitty by direct debit from your Australian financial institution (e.g. your bank) so that the
funds can be loaded into your Personal Kitty or Group Kitty.
9.8. You are responsible for the instructions you provide in the Platform and you must note that it
can take up to five (5) business days for the funds to be received. KttiPay is not responsible for
delays relating to any transfer of funds.
9.9. You are liable for any fees or charges that may be imposed by the provider of your personal
bank account. Any failed attempts to debit your bank account may result in a dishonour fee
from the provider (such as your bank).
9.10. You should make sure that you have sufficient funds in your bank account.
10. KttiPay Fees
10.1. We currently operate a free version of our Platform. This means that we currently will not
impose entry fees, exit fees or fees for the management of your Account (“Fees”) (excluding
account maintenance fees for which we may debit your Account). We will give you notice of the
introduction or increase of any fee at least thirty (30) days before the change.
11. Legal Capacity
11.1. You must be eighteen (18) years of age or over to:
(a) access the Platform;
(b) create a User Account; and
(c) become an Owner or Administrator.
11.2. If you are under the age of eighteen (18) years (a “Minor”), you must immediately cease
accessing and using the Platform unless you have permission from a parent or guardian to
create a User Account and use the Platform in accordance with clause 13.4.
11.3. Your continued use of the Platform is an acknowledgement by you that:
(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from
a parent or guardian to create a User Account; and
(b) you accept the Agreement and agree that you have entered into a binding legal contract
with us in relation to the Agreement.
11.4. Minors with permission from their parent or guardian to use the Platform are permitted to use
the Platform as a Member of a Kitty Group but are not permitted to be an Owner or
Administrator.
11.5. If you are a parent or guardian permitting a Minor to create a User Account, you agree to:
(a) exercise supervision over the Minor’s use of the Platform;
(b) ensure that the Minor does not become an Owner or Administrator;
(c) assume all risks associated with use of the Platform as outlined in the Agreement;
(d) ensure that all content and information that the Minor may encounter on the Platform is
suitable and appropriate for the Minor;
(e) assume all liabilities resulting from the Minor’s use of the Platform and their User Account;
(f) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(g) provide the consents contained in this Agreement on behalf of the Minor.
11.6. We may, at any time, request written confirmation from a parent or guardian that you have
permission to access and use the Platform.
11.7. We reserve the right to take legal action and/or seek compensation for any loss or damage we
may suffer as a result of, or in connection with, the use of the Platform by a Minor.
12. Intellectual Property
12.1. You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in
the Platform, and we retain all rights, title and interest in the Platform (including Intellectual
Property Rights contained therein) irrespective of any licence we may grant to you to access,
and use, the Platform.
12.2. You must not in any form or by any means reproduce, modify, distribute, store, transmit,
publish, use or display any part of the Platform on another website or create derivative works
from any part of the Platform or commercialise any information obtained from any part of the
Platform without our prior written consent.
12.3. By uploading, posting, transmitting or otherwise making available any content or material via
the Platform (“Your Content”), you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b) represent and warrant that you either own the Intellectual Property Rights in Your Content
or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Platform.
12.4. We reserve the right to terminate any licence granted to you under the Agreement and/or
remove any of Your Content from the Website, at any time, for any reason and without notice to
you.
12.5. You agree that you will not modify or copy the layout or appearance of the Platform nor any
computer software or code contained in the Platform, and that you will not decompile,
disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any
source code related to the Platform.
13. Linking to the Site
13.1. You must not establish a link to the Platform in such a way as to suggest any form of
association, approval or endorsement on our part where none exists.
13.2. You must not establish a link to the Platform from any website that is not owned by you.
13.3. This Platform must not be framed on any other website, and you must not create a link to any
part of this Platform other than the home page. We reserve the right to withdraw linking
permission at any time without written notice.
14. Warranties
14.1. We will use reasonable endeavours to provide constant, uninterrupted access to the Platform,
but with any software-based product, this cannot be guaranteed. We will not be responsible or
liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or
in connection with, any interruption or delay in accessing and using the Platform.
14.2. To the maximum extent permitted by law, no further warranty, condition, undertaking or term,
express or implied, statutory or otherwise as to the condition, quality, performance or fitness for
purpose of the Platform provided hereunder is given or assumed by us other than as required
at law. You acknowledge and agree that the Platform is provided on ‘as is’ basis and that you
will make your own investigations into whether or not it is fit for your purposes.
14.3. We make no representations, warranties or guarantees:
(a) that content available on, or produced by or via, the Platform is accurate, complete,
reliable, current, error-free or suitable for any particular purpose. This content is provided
on an ‘as is’ basis and you acknowledge and agree that you exercise absolute discretion in
choosing how to use this content; or
(b) as to the availability of the Platform or that the Platform is or will be free from viruses,
worm, trojan or other malicious code. You are responsible for taking your own precautions
in this respect.
14.4. Nothing contained in the Agreement excludes, restricts or modifies the application of any
condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of
any liability under the Applicable Laws.
14.5. Your warranties and rights in relation to the Hay Services are located in the Hay Terms.
15. Indemnity
15.1. You agree to indemnify us, our group entities and their respective officers, directors, employers
or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the
Indemnified from and against any and all actions, claims, demands, losses, damages, taxes,
liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified
arising out of, or in connection with, your access to, and use of the Platform, or any breach by
you of the Agreement.
16. Limitation of Liability
16.1. In relation to our Platform, Services and the Hay Services, you both acknowledge and agree:
(a) that you will use our Platform, Services and the Hay Services for their intended purpose,
and in compliance with all local, state, national and international laws, rules and
regulations.
(b) you will use the Platform, Services or Hay Services in a manner that is fraudulent,
disruptive, aggressive, manipulative, for money laundering or any other inappropriate
manner.
16.2. To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill)(this includes any emotional distress) arising out of, or in connection with, access and/or use of the Platform, our Services and/or this Agreement.
16.3. Without limiting the generality of the foregoing, you agree that in no event shall our maximum
aggregate liability exceed AUD $100. You acknowledge and agree that the limitations of liability
contained in this clause are a fair and reasonable allocation of the commercial risk between the
parties.
16.4. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions
in information issued by us will be subject to correction without any liability on our part.
17. Complaints and Feedback
17.1. If you have:
(a) a general issue with using our Platform or the Services available through it (“General
Complaint”),
(b) a suggestion about how we can make our Platform and Services better (“Feedback”),
(c) have an issue with or wish to make a specific complaint about, the KttiPay Account or
KttiPay Visa Debit Card Services (“Financial Services Complaint”),
please contact us via email to support@kttipay.com.
17.2. Please provide a full explanation of your General Complaint, Feedback or Financial Services
Complaint. If your correspondence is not clear, either KttiPay or Hay may request further
information from you before taking further action.
17.3. We will endeavour to provide a timely response to any General Complaint or Feedback.
17.4. If we cannot assist with the Financial Services Complaint, you must refer to Hay who will
handle the matter in accordance with the Hay Terms.
17.5. If you are dissatisfied with our response or Hay’s response, or if the complaint remains
unresolved, you have the right to contact the Australian Financial Complaints Authority (AFCA)
at:
GPO Box 3 Melbourne VIC 3001
www.afca.org.au
1800 931 678
info@afca.org.au
Please note that AFCA will not generally review your complaint unless you’ve first contacted us
or Hay, and the complaint has been investigated.
18. Disputes
Disputes between Users
This process has been designed to promote efficient, fair and prompt resolution of any issues
that may arise between Users of the Group Kitty or otherwise.
18.1. By using the Platform, Kttipay Services or the Hay Services, all Users acknowledge and agree
to adhere to this complaints and dispute resolution process as set out below.
18.2. If you have a dispute with another User or Users of the Platform regarding a Group Kitty or
Group Funds (“Group Kitty Dispute”), we strongly encourage you to resolve disputes with the
other User or Users directly. You acknowledge and agree that you will engage in good faith
efforts to resolve any issues or disputes that may arise.
18.3. You acknowledge and agree that the Owner, as the legal and beneficial owner of the Group
Funds, will have sole discretion as to how to resolve the dispute and manage the Group Funds.
18.4. If any of the Users believe that the funds held on a constructive trust basis through a Group
Kitty have been mismanaged or wrongly withhold, the User (“Complainant”) shall notify the
Owner in writing, outlining in detail the issue of the dispute (“First Dispute Notice”).
18.5. The Owner must respond to the Dispute Notice within thirty (30) Business Days acknowledging
receipt of the Dispute Notice and agrees to enter into good faith conversations with the
Complainant to resolve the issue.
18.6. If the matter remains unresolved after the First Dispute Notice, either party may propose:
(a) obtaining independent expert opinion from a mutually agreed third-party financial or legal expert. Both parties shall share the costs of obtaining this expert opinion equally. The expert’s opinion shall be considered by both parties in good faith for the purpose of resolving the dispute; or
(b) entering into mediation. Mediation shall be conducted by a neutral third-party mediator mutually agreed upon by both parties. The cost of the mediator shall be borne equally by both parties, unless otherwise agreed
18.7. If the steps set out in clauses 20.2 to 20.5 are unsuccessful, either party may then exercise the
right to pursue legal action. Both parties commit to exhausting all available alternative remedies
before resorting to legal action.
18.8. Throughout the complaint resolution process as set out in this clause 20, both parties shall
continue to uphold their respective obligations associated with these Terms, including in relation
to the constructive trust, insofar as such obligations are compatible with the ongoing complaint
resolution efforts.
18.9. For the avoidance of any doubt, neither Kttipay or Hay will be involved or responsible for any
disputes between Users, nor will they be responsible to provide financial contribution to an of
the dispute resolution process as set out in this clause 20 or otherwise.
18.10. If you contact us in relation to a Group Kitty Dispute, in some circumstances we may elect, at
our discretion, to assist you in resolving the Group Kitty Dispute, however we cannot direct
payment of Group Funds on the Owner’s behalf or retrieve Group Funds that have been
transferred out of a Group Kitty by an Owner or their appointed Administrator.
19. Privacy
19.1. We are committed to protecting your privacy and personal information. Please see our Privacy
Policy for further details about our practices relating to the collection, use, disclosure and
storage of your personal information.
20. General
20.1. We reserve the right to make changes to this Agreement without notice to you. Any
amendments to this Agreement will have immediate effect from the time that they are published
on the Platform.
20.2. Although we do our best to provide the most up to date information on the Platform as this
becomes available, we cannot warrant the accuracy or completeness of the information
provided.
20.3. Any provision of the Agreement which is void or unenforceable may be severed from the
Agreement without affecting the enforceability of other provisions.
20.4. A failure or delay by us to exercise a power or right under the Agreement does not operate as a
waiver of that power or right, and the exercise of a power or right by us does not preclude our
future ability to exercise that or any other power or right.
20.5. The Agreement is governed by, and must be construed according to, the law of the State of
New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in
that State.
21. Interpretation
21.1. In these Terms:
“Administrator” has the meaning in clause 6.1(b);
“Agreement” has the meaning in clause 1.3;
“Applicable Laws” means the laws of Australia and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to products or services supplied through the Platform;
“Application” means the KttiPay mobile application available on the Website, iOS App Store and Google Play store;
“Australian Consumer Law” has the meaning in clause 16.4;
“Australian Financial Services Licence” means the licence required under the Applicable
Laws to conduct a financial services business;
“Business Day” means a day on which banks are open for business in Sydney, New South Wales other than a Saturday, Sunday or public holiday in that city;
“Complainant” has the meaning in clause 20.4;
“Feedback” has the meaning in clause 19.1;
“Fees” has the meaning in clause 12;
“Financial Service Complaint” has the meaning in clause 19.1(c);
“First Dispute Notice” has the meaning in clause 20.4;
“General Complaint” has the meaning in clause 19.1;
“Group” has the meaning in clause 6.1;
“Group Kitty” means a Kitty that is created by an Owner for the benefit of Members;
“Group Kitty Dispute” has the meaning in clause 20.2;
“Group Funds” means any funds that are deposited by a Member of a Kitty Group and held in a Group Kitty on behalf of a Group;
“Hay” means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459;
“Hay Services” has the meaning in clause 4.1;
“Hay Terms” has the meaning in clause 4.2;
“Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Kitty” means the payment account created by an Owner using the KttyPay Account Services;
“Know Your Customer” means a mandatory identity verification check and may be referred to as “KYC” or “KYC Check”;
“KttiPay Account” means the digital (virtual) account held by Hay to which a person can deposit funds and to which the KttiPay Visa Debit Card is linked to;
“KttiPay Visa Debit Card” means the physical Visa debit card issued by Hay and which is linked to the KttiPay Account;
“Member” has the meaning in clause 6.1(c);
“Minor” has the meaning in clause 13.2;
“Owner” has the meaning in clause 6.1(a);
“Personal Funds” means any funds that are deposited by an Owner and held in a Personal Kitty;
“Personal Kitty” means a Kitty created for personal use by a Registered User;
“Platform” means the platform accessed via the Website or the Application, or any other website, platform, or application nominated by us from time to time, and includes any associated software, networks or processes;
“Privacy Policy” means our privacy policy available at https://www.kttipay.com/policy;
“Registered User” means a user of the Platform who has created an Account and may also be referred to as a “User”;
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Site including, but not limited to, your name, date of birth, gender and contact details;
“Services” means the services provided by KttiPay and includes the provision of the Platform and any other services provided by us from time to time;
“User Account” means the user account you create when you provide us with the Registration Data;
“Visa” means Visa Worldwide PTE Ltd.;
“Website” means the website located at https://www.kttipay.com/; and
“Your Content” has the meaning in clause 14.3.
21.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.