“WorkLife, AKA Benefits” is a suite of features comprising:
i) “LifeHero”: educational content and services designed to help users improve their Physical, Mental and Financial Wellbeing. AKA “Wellness“.
ii) “Savings Hero”: a tool that helps users set a financial goal and a savings account, find savings and track progress towards that goal. AKA “Savings“.
iii) “Hero Shop”: discounts and offers designed to reduce everyday living expenses and make salaries go further. AKA “Discounts“.
iV) “InstaPay”: allows employees access to their earned wages more frequently than their employer’s payroll cycle in order to increase the control employees have in managing their finances
“Sites”: refers to the WorkLife websites including, but not limited to, www.lifehero.com.au, www.employmenthero.com and secure.employmenthero.com.
“we”, “us”, “our”, “Employment Hero” or “EH” means Employment Hero Pty Ltd ABN 11 160 047 709 and its affiliates.
“you”, “your” or “Users” refers to you as an employee, employer or user using WorkLife.
2. Binding Legal Agreement
Some components of WorkLife are only available in the Employment Hero Sites or mobile application and may require an Employment Hero subscription account. That account and the Employment Hero Sites are subject to specific terms and conditions which continue to apply.
3. Your Account
3. 1 Registration: You may need to register for an account/s in order to access and use some parts of WorkLife. Any registration information that you provide must be accurate and complete and you must keep this information up to date. Employment Hero may send notices and other information to you by email or through your account/s.
3.2 Passwords: During the registration process you will be required to establish a password. You are responsible for safeguarding this information and any other confidential identifiers. Each account is exclusive and non-transferrable. You will immediately notify Employment Hero of any suspected unauthorised use of your account/s. You are responsible for all actions and losses arising from use of your account as a result of your failure to keep your information secure and confidential.
3.3 Notices in relation to your account: You agree that Employment Hero may provide you with notices in relation to your account, WorkLife or this Agreement via a notification facility within the WorkLife and Employment Hero sites, and that such notices shall constitute provision of written notice for all purposes (including but not limited to any requirement for written notice under this Agreement).
3.4 Credit card or other payment method: You may choose to provide credit card or other payment information or authorise a payment via your payroll in order to pay for certain products or services. By providing such information, you authorise Employment Hero to debit monies via that method of payment in respect of any purchases made by you subject to the terms of this Agreement. You will only be debited when you actually make a purchase through the sites.
4. Your Licence to Use the Services
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED
4.1 Subject to the terms of this Agreement and your compliance with it, Employment Hero grants you a limited, non-exclusive, non-transferable licence to access and use WorkLife. Employment Hero reserves all rights, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.
4.2 WorkLife is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement. We make no warranty that WorkLife will meet your requirements.
4.3 No advice or information, whether oral or written, obtained by you from us or through or from WorkLife shall create any warranty not expressly stated in this agreement.
4.4 Nothing in this agreement is intended to affect your statutory rights.
4.5 You agree that you will not:
i. decompile, reverse engineer, disassemble, rent, lease, loan, sell, copy, repost, frame or create derivative works from the Sites,
ii. sub-licence any part of the Sites without Employment Hero’s express written authority,
iii. attempt to determine the site architecture, modify, disable or compromise the integrity or performance of the Sites or related systems, network or data,
iv. in any way compromise the integrity of WorkLife sites or Employment Hero systems (including without limitation probing, scanning, overloading or testing the vulnerability of any system or network that hosts the Sites),
v. tamper with or hack the Sites, circumvent any security or authentication measures or attempt to gain unauthorised access to the Sites, related systems, networks or data,
vi. extract information about usage, individual identities or Users
vii. misrepresent yourself, or disguise the origin of any content (including without limitation by spoofing, phishing, impersonation,manipulating headers or other identifiers) or falsely implying any relationship or association with Employment Hero or any third party,
viii. stalk, harass, bully, intimidate or violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering the personal information of others from the Sites,
ix. upload, post or in any way publish material to the Sites that infringes another party’s legal rights including IP Rights, confidentiality and privacy,
x. use the Services in any manner that does not comply with all applicable laws of Australia, or of any other relevant jurisdiction.
5.1 “Confidential Information” refers to all information of a confidential nature concerning Employment Hero and its affiliates, including but not limited to its business, finances, strategy, know-how and technology.
5. 2 You acknowledge that in the course of accessing the Sites, you may gain access to or have disclosed to you Confidential Information. You hereby agree to only use Confidential Information in compliance with your rights under this Agreement not to disclose Confidential Information to any third party or allow Confidential Information to be released into the public domain other than where you have the prior written consent of Employment Hero, if required by Law or a Government Agency or if it is received from a third party who lawfully acquired it and is under no obligation restricting its disclosure.
6. 1 Use of your personal information: Solely to the extent necessary to provide and improve the applicable services to you through the Sites and subject to the terms of this Agreement, you grant to Employment Hero a non-exclusive, worldwide, royalty-free right to collect, store, use, transmit and modify your personal information. Where your permission is required (in accordance with applicable privacy legislation, tax legislation or other applicable laws or policies) for the collection of personal information by Employment Hero, the transfer and storage of personal information outside of Australia, the access of personal information by Employment Hero or otherwise in connection with the operation of WorkLife, you hereby agree that you provide such authority and permission.
6.2 Sharing your personal information: Employment Hero agrees to only use your information to perform its obligations under this Agreement and to fulfill or improve any products or services you request through the Sites. Other than as required to fulfill a product or service requested by you, Employment Hero will not share, sell or otherwise provide your information to third parties.
6.3 Security: Employment Hero implements security procedures to help protect your information from security attacks. Operation of the Sites necessarily involves transmission of your information over networks that are not owned, operated or controlled by Employment Hero, and Employment Hero is not responsible for any information lost, altered, intercepted or stored across such networks. The possibility exists that information you provide Employment Hero could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. Employment Hero cannot guarantee that our security procedures cannot be breached, that transmissions of your information will always be secure or that unauthorised third parties will never be able to defeat Employment Hero security measures or those of its third party service providers. Accordingly Employment Hero disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
6.4 Hold Harmless and Indemnity: You will indemnify and hold harmless Employment Hero from and against any loss, cost, liability or damage for which Employment Hero becomes liable arising from or relating to any claim relating to your information.
6.5 Removals and suspension: Employment Hero may monitor any activity on the Sites and any personal information or other content uploaded. Employment Hero reserves its right at its complete discretion to remove any information and suspend any accounts, including if it suspects that such activity or content breaches this Agreement. Employment Hero will generally alert you when such action is taken and give you a reasonable opportunity to cure your breach, but may at its absolute discretion suspend or terminate your access pursuant this Agreement. Employment Hero shall have no liability to you for removing or deleting Your Data.
7. Third Party Sites, Links and Conditions
7. 1 The Sites may contain links to other websites operated by third parties. We make no representations or warranties in relation to the security or privacy practices of any third party website. Third party websites are responsible for informing you about their own practices and policies.
7. 2 Shopping Hero provides offers and discounts on a range of goods and services. Where these goods and services are manufactured, created, provided or fulfilled by third parties (“Suppliers”) there may be additional terms and conditions relating to those goods and services applied by the Suppliers. You should refer to the Supplier’s websites for details of their terms and conditions. Other than as required by law, Employment Hero makes no representations or warranties as to the merchantability of those goods or services.
8. Intellectual Property (IP)
The Sites contain IP Rights owned by Employment Hero and/or its partners, suppliers and licensors. You agree that all intellectual property ownership, right, title and other interests in the IP and Sites, and any suggestions, ideas, enhancements, feedback, recommendations or other information provided by you or any other party relating to the Sites, and any copies thereof, belong to and remain solely the property of Employment Hero or the applicable third party. This Agreement does not convey any rights of ownership in or related to the Sites, including without limitation, the Employment Hero name, logo, pending or approved patents, the product names associated with the Services and any other trademarks or copyright used in the Sites.
9. Indemnification of Employment Hero
9.1 You will indemnify and hold Employment Hero, and its associated entities and their respective directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of:
i. your breach of this Agreement, including but not limited to, any infringement by you of the IP Rights of any third party; or
ii. any third party claims arising out of your use or misuse of the Services.
10. Amendments, Termination and Survival
10.1 This Agreement commences upon your access or use of WorkLife including its content, services or other access to the Sites.
10.2 The content, products and services offered through WorkLife remain entirely at the sole discretion of Employment Hero. Employment Hero may at any time and without notice:
i. alter, amend, reduce or upgrade the scope of products and services available through WorkLife,
ii. terminate or suspend access to or availability to the Sites, and
iii. terminate this agreement.
10.3 If the Agreement is terminated, or your access to the Services is suspended, you agree that Employment Hero shall have no liability or responsibility to you and Employment Hero will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
10.4 Both you and we agree that in the event that the agreement is terminate, clauses with respect to Confidentiality, Privacy and Intellectual Property will remain in force.
11. Important Information and Disclaimer regarding financial information
11.1 Any references to financial products or services or any financial information contained on the Sites are provided by Employment Hero Financial Services Pty Ltd (“EHFS”) ABN 58 606 879 663, AFSRN 001234046, CRN 479495. EHFS is an authorised representative of Ballast Financial Management Pty Ltd ABN 41 086 601 041, AFSL Number 233 180 and an authorised credit representative of Loan Market Pty Ltd ABN 83 105 221 967, ACL Number 390222.
11.2 Any advice on the Sites is general advice only and does not take into account your particular circumstances, objectives and needs. Before acting on any advice on this website you should assess or seek advice on whether it is appropriate for your financial situation, need and objectives. A Product Disclosure Statement (PDS) or other disclosure document may be available for products and services described on this website. You should obtain and consider the PDS or other disclosure document relating to the product or service you are interested in before making any decision about whether to acquire or continue to hold the product or service.
12. General Provisions
12. 1 Any notice under this Agreement must be given in writing. Employment Hero may provide notice to you via email, through the Site or through your account. You may provide notice to Employment Hero by submitting a ticket here.
12. 2 This Agreement may be updated by Employment Hero at any time and notification of such amendments will be provided to you via email, through the Site or through your account.
12.3 This Agreement and any terms and conditions you agree to on the Site, represents the entire agreement between you and Employment Hero relating to the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this Agreement.
12. 4 No failure or delay in exercising any right, power or privilege in this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
12.5 This Agreement will be governed by the laws of the State of New South Wales, and any action brought arising out of this Agreement may be brought only in the State of New South Wales and you specifically consent to the jurisdiction and venue of New South Wales courts for the purposes of enforcing any provision of this Agreement.
12. 6 In the event of any controversy or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognising their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, then either party may commence legal proceedings.
Additional Specific Terms relating to InstaPay
Please read these terms and conditions before using InstaPay. By using the InstaPay service you agree to these terms and conditions.
Welcome to InstaPay, the service that allows employees access to their earned wages more frequently than their employer’s payroll cycle in order to increase the control employees have in managing their finances.
These terms and conditions constitute an agreement between you and us and contains the terms that govern your access to and use of InstaPay. By using InstaPay, you agree to be bound by the terms and conditions contained in this agreement.
In these terms and conditions, the following words have special meanings:
“Available Balance” refers to the portion of your Earned Wages that you can access via InstaPay and will be displayed in your EH Account.
“Earned Wages” means wages accrued by you but not yet paid by your employer, and calculated as either:
i) wages payable by your employer as a result of time worked which has been submitted and approved via the EH App, or
ii) a pro-rata portion of your salary based on the number of days worked as a proportion of your salary period.
“EH Account” means your account on the EH App;
“EH App” means the Employment Hero app or web platform;
“employer” means the business employing you and paying the wage or salary you wish to use InstaPay to access;
“Request” means a request submitted via the EH App to access all or part of the Available Balance
“we”, “us”, “our”, “Employment Hero” or “EH” means Employment Hero Pty Ltd ABN 11 160 047 709.
“you” or “your” refers to you as an employee using the InstaPay service.
To be eligible to use InstaPay:
– Your current employer:
– must use Employment Hero’s HR platform and HeroPay payroll system;
– You must:
– have an active EH Account and have downloaded the EH App;
– have an entitlement to Earned Wages from your employer; and
– your wages or salary must be paid by your employer from an Australian bank account into an Australian bank account.
4. AVAILABLE BALANCE
The Available Balance increases as your Earned Wages increases throughout your pay period, up to the maximum amounts.
The maximum amounts per transaction and per pay cycle can be checked in the EH App prior to making a Request.
When you make a Request, and we pay the InstaPay Amount, your Available Balance decreases by an equivalent amount.
On payday, your Available Balance resets to nil and once again begins to increase as your Earned Wages increase.
5. REQUEST FOR EARNED WAGES
We will pay to you, upon making a Request, the Available Balance (or a lesser amount you select) (the InstaPay Amount).
You may make as many Requests within one pay cycle as you wish, subject to the maximum we will pay to you in any one pay cycle.
6. ASSIGNMENT OF EARNED WAGES
Upon making a Request, you irrevocably assign to us all your rights to recover from your employer the relevant InstaPay Amount plus the Fee.
We will recover the InstaPay Amount plus the Fee from your next payroll payment. This means your employer will pay this amount directly to us, and not to you.
If we cannot recover the InstaPay Amount and the Fee from your employer, we have no right of recovery from you, except in cases of fraud or deception. The InstaPay Amount is not a loan, and you do not owe us any debt.
7. TIMING OF PAYMENT
Upon receipt of the Request, we will initiate transfer of the InstaPay Amount to the bank account nominated in your EH Account, or any other bank account you select.
Requests made between 9am and 9pm Monday to Friday will typically credit to your account within two hours after your Request. Requests made after 9pm will be processed at 9am the next business day.
However, while we use our reasonable efforts to minimise the time taken for payments to arrive in your bank account, this will ultimately depend on third party financial institutions including your bank, and we accept no responsibility or liability for delayed payments.
At present, requests cannot be processed on public holidays or weekends.
We charge you a fee each time we pay an InstaPay Amount following a valid Request (the Fee).
The amount of the fee will be disclosed in the EH App prior to you committing to any Request and is inclusive of GST.
We will recover the Fee directly from your next payroll payment along with the InstaPay Amount.
You must always be honest and truthful in your dealings with us and you undertake to use Instapay in good faith.
10. FRAUD OR DECEPTION
If you make a Request, and you know, or you ought to have known, that you do not have an entitlement to Earned Wages of an amount equivalent to the InstaPay Amount, then (a) we reserve our right to seek recovery from you of all or part of the InstaPay Amount plus the Fee (and any expenses we incur in recovery of those amounts) where we cannot recover all or part of the InstaPay Amount from your employer, and (b) you will be liable to pay us a penalty (Click here to see the current schedule of penalties).
We may also, at our discretion, immediately terminate your right to use Instapay.
10.1 Recovery of funds and penalties in the event of Fraud or Deception.
In the event that you have obtained funds in contravention to these Terms and Conditions, we may utilise all means available to us to recover those funds.
10.2 Direct Debit Service Agreement
If you have elected to pay by direct debit (or credit card) in the Schedule, you acknowledge that, unless otherwise agreed:
a. your financial institution may, in its absolute discretion, at any time by notice in writing to you, terminate the direct debit arrangement as to future debits;
b. either party may, by giving 3 days written notice to the other party, vary the timing of future debits;
c. you can stop or cancel the regular debits at any time by giving us or your financial institution 3 days notice in writing;
d. if at any time you believe that a direct debit (or credit) against your nominated account (or credit card) is inappropriate or incorrect it is your responsibility to notify us as soon as possible;
e. it is your responsibility to ensure that there are sufficient cleared funds in your nominated account (or sufficient credit available on your credit card) to meet debits, and we may cancel the debit arrangement on 3 days written notice if two payments are dishonoured due to insufficient funds (or declined credit card transactions) within a 12 month period. We will charge the cost to us of dishonoured payments against your account (or credit card);
f. (in the case of a bank account direct debit) We may need to pass on details of your direct debit request to our sponsor bank in the Bulk Electronic Clearing System to assist with the checking of any incorrect or wrongful debits to your nominated account;
g. we may vary this clause by providing 10 business days notice in writing;
h. you must immediately notify us or your financial institution if you believe an error has occurred in relation to a direct debit (or credit);
You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or the terms applying to your EH Account or any other terms and conditions you agree to with us prior to using Instapay but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement shall not exceed the total value of your InstaPay Amount, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action.
Other than as set out in Clause 10, neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of InstaPay, use of InstaPay, or access to InstaPay.
15. OUR PROPRIETARY RIGHTS
You acknowledge and agree that InstaPay and any necessary software used in connection with InstaPay (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on InstaPay or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use our Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to InstaPay. You agree not to access InstaPay by any means other than through the interface that is provided by us for use in accessing InstaPay.
16. DISCLAIMER OF WARRANTIES
Your use of InstaPay is at your sole risk. InstaPay is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement.
We makes no warranty that (i) InstaPay will meet your requirements, (ii) InstaPay will be uninterrupted, timely, secure, or error-free, (iii) any errors in the Software will be corrected.
No advice or information, whether oral or written, obtained by you from us or through or from InstaPay shall create any warranty not expressly stated in this agreement.
We may provide you with notices, including those regarding changes to this agreement, by email or postings on InstaPay or the EH App.
Our logos, trademarks and service marks (the “EH Marks”) are trademarks of Employment Hero Pty Ltd. You must not display or use in any manner the EH Marks without our prior written consent.
19. CHANGES TO TERMS AND CONDITIONS
We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your EH Account after the change. Any changes will apply to your next Request, but will not apply to any Request that has been approved. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by ceasing to use InstaPay.
20. GENERAL INFORMATION
Choice of law and Forum – This agreement and the relationship between you and us shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and Employment Hero agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.
Waiver and severability of terms – Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of InstaPay or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this agreement are for convenience only and have no legal or contractual effect.