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WorkLife/Benefits Terms of Use

These Terms of Use set out the terms and conditions under which you may access and use Employment Hero’s WorkLife/Benefits.

Please read these Terms of Use before using any of the features, services or components of WorkLife/Benefits. By accessing or using any component of WorkLife/Benefits you agree to be bound by these Terms of Use.

 

Contents

1: Definitions

“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

These Terms of Use represents a binding Agreement between you and Employment Hero. Please read this Agreement carefully before accessing or using WorkLife. By using WorkLife you indicate your assent to the terms of this Agreement without any modifications, additions or deletions. If you do not agree to the terms set out in this Agreement you are not authorised to use WorkLife.

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: Confidentiality

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: Privacy

These terms related to your use of WorkLife and should be read in conjunction with our general Privacy Policy for Employment Hero.

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.

13: Additional Specific Terms relating to InstaPay

In addition to the general Terms of Use for WorkLife, the following terms and conditions relate specifically to the use of InstaPay.

Please read these terms and conditions before using InstaPay. By using the InstaPay service you agree to these terms and conditions.

1. Introduction

Welcome to InstaPay, a service that allows employees to access a portion of their earned but not yet paid wages before payday.

Before using InstaPay, we need you to look through and accept these terms and conditions. We’ve done our best to explain it without too much jargon, so it’s clear what we expect from you and what you can expect from us.

These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms and conditions, then you cannot use InstaPay.

2. Definitions

In these terms and conditions, the following words have special meanings:

  • “Available Wages” refers to the portion of your Unpaid Wages that you can access via InstaPay, which is displayed in your EH App.
  • “EH App” means the Swag by Employment Hero app available on the Apple App Store and Google Play Store.
  • “employer” means the business employing you and paying the wage or salary you wish to use InstaPay to access.
  • “Swag Spend Account” means the digital account set up to receive money and transact from. The Swag Spend Account is not a bank account.
  • “Request” means a request submitted via the EH App to access all or part of the Available Wages.
  • “Unpaid Wages” means wages that you have earned but which have not yet been paid by your employer.
  • “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.

3. Who is eligible for InstaPay?

To be eligible to use InstaPay, you must:

  • Have an active Employment Hero account
  • Have successfully downloaded and installed the EH App
  • Meet the minimum age requirement of 16 years and older
  • Have a Swag Spend Account or Australian bank account
  • Have received at least three previous wage payments from your employer
  • Have an entitlement to Unpaid Wages from your employer
  • Not have provided notice to your employer to end your employment or have been notified of a date that your employment will end; and
  • You and your employer have no outstanding amounts owing to us.

Your employer must also use Employment Hero’s HR platform and Employment Hero Payroll for you to be able to use InstaPay.

4. What can you expect from using InstaPay?

InstaPay allows you to access a portion of your Unpaid Wages ahead of payday. This service will become available in the EH App after you have met the eligibility requirements. We will disable access to InstaPay in the EH App if we believe you no longer meet the eligibility requirements.

When you have met the eligibility requirements, you can then make a Request for all or part of the Available Wages amount, which we will pay into either your Swag Spend Account or to another nominated bank account of yours. You may make as many Requests within one pay cycle as you wish, however you cannot request more than the Available Wages indicated in the EH App.

We provide this service to you in return for a transaction fee. We will always disclose the transaction fee to you when you are making the Request.

5. How does leave affect my InstaPay?

When using InstaPay, you must not use the InstaPay product where you:

  • Are on unpaid leave;
  • Are accessing leave arrangements that have not been logged into the EH HR platform or the EH payroll platform; or
  • Have a bespoke payroll adjustment agreement with your employer.

If InstaPay is used in these scenarios, we may have the right to recover funds from you for improper use of the InstaPay product.

6. What do you give up in return for accessing your Available Wages?

By using InstaPay, you give us all rights, titles, and interests related to the amount of Available Wages you have Requested.

Specifically, this means that you irrevocably assign to us all your rights to recover from your employer the relevant Available Wages, plus the transaction fee for the amount that you have Requested.

We will recover in its entirety any paid Available Wages amount, plus the transaction fee, from your next payroll payment. This means that your employer will pay this amount directly to us, and not to you during your next pay run. It also means that the next wage or salary you receive from your employer will be reduced by the amount of Available Wages you have Requested and received, as well as the applicable transaction fee.

Our right to receive your Available Wages is non-recourse. This means that if your employer pays us an amount that is less than the amount of the Available Wages — for example, if your employer is unable to make payroll because their business has slowed down — and if you have not breached these terms (e.g. clause 3 or 11), then you will owe us nothing. The Available Wages that you Request is not a loan, and you do not owe us any debt or interest.

7. What are you authorising your employer to do when you make a Request?

By making a Request, you are authorising your employer to make a deduction for the paid Available Wages from your upcoming pay. Your payslip will show that a deduction was made for the paid Available Wages plus any fees payable. You agree that this deduction is for your benefit and that in making a Request you are also requesting your employer to pay this deduction to us.

At all times, you have the right to withdraw the authorisation to make the deduction. We are not able to assist you in withdrawing your authorisation for your employer to make a deduction. If you are withdrawing your authorisation it is your sole responsibility to ensure it occurs and you must work directly with your employer. The EH App is not able to be used to notify your employer of this request. Where you have withdrawn your authorisation, you will no longer be able to access InstaPay until you provide authorisation.

If you have already made a Request and have received your requested Available Wages, then your right to withdraw your authorisation is only available after your employer receives the wages back. Note that for a given Request, you will need to notify and return your wages to your employer prior to the deduction in your next payroll. Your employer has a right to refuse any request to withdraw authorisation to deduct from your pay until it has received funds back.

If we become aware that you have withdrawn authorisation for your employer to deduct the requested Available Wages and fees from your pay, and that you have not paid your employer back for any Available Wages paid to you which have not been deducted from your pay, then we have a right to correct this in accordance with clause 12.

8. How are your Available Wages calculated?

Your Available Wage increases as the value of your Unpaid Wages increases throughout the pay cycle. Unlike your Unpaid Wages, however, the Available Wages has a weekly cap. We will pro-rata the value of this weekly cap, and increase the balance of your Available Wages every day until we have reached this cap. Unless your employer pays you out of your normal payroll cycle, we will continue to increase your Available Wages in this manner.

On pay day, your Available Wages resets to zero, and will increase as your Unpaid Wages increase.

When you make a Request, your Available Wages will decrease by the specified amount and you will only be able to make Requests on any remaining Available Wage.

We know that making a portion of your Unpaid Wages available to you as an Available Wages amount has its associated risks. We assume these risks based on the representations, warranties, and promises you make in these terms including clause 11.

We also assume these risks through the weekly cap, which limits how much you can access from your Unpaid Wages. The weekly cap varies per individual, and you can check it in the EH App before making a Request. We may, from time to time and without notice, update the weekly cap amount at our discretion to accommodate these risks. We will not reduce the weekly cap amount below any amount already deducted from your Available Wage until your next pay day.

9. When will you receive your 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.

10. What fees will you pay for using the service?

We charge you a fee each time you make a Request for Available Wages and we make payment to you.
We will always disclose the amount of the fee in the EH App before you commit to any Request. The fee is inclusive of GST.

We will recover the fee directly from your next payroll payment along with the amount of Available Wages we paid to you.

We may, from time to time and without notice, update these fees to reflect changes to the service, your needs as an employee, changes in law, or our business priorities. We will continue to display the fee when you make a Request.

11. What representations and warranties am I making when I use InstaPay?

By using InstaPay, you represent and warrant to us that:

  • You are not using the InstaPay service to obtain more Unpaid Wages than you have earned, taking into consideration your remuneration package and hours worked within the pay period
  • The Unpaid Wages are unconditionally owing to you by your employer arising from your actual employment
  • You hold all legal right, title, and interest to the Unpaid Wages you Request, which is free and clear of any liens, encumbrances, judgments, garnishments, claim, discount or counterclaim of any sort
  • You will not take any action or omission that has an adverse effect on our ability to collect or retain any Unpaid Wages from your employer; and
  • There has been no error, misrepresentation, negligence, fraud, omission, or violation of law made by you concerning your ability to use InstaPay

12. What will happen if you use InstaPay based on a false misrepresentation or warranty?

Where you have received payment based on a false misrepresentation or warranty, we reserve the right to seek recovery from you of those funds (and any expenses we incur in the recovery of those amounts).

This right is not a right to recover a debt owed by you, but a right to recover fraudulently obtained money as a result of your breach of these terms.

We may utilise all means available to us to recover those funds, including direct debit, and you provide us with a standing authorisation to initiate this from your linked Swag Spend Account or any other bank accounts we have on file by giving at least one business day’s notice.

It is your responsibility to ensure that there are sufficient cleared funds in your linked Swag Spend Account or other bank accounts to meet these direct debits. We will charge the cost absorbed by us for any dishonoured payments against your Swag Spend Account or bank accounts on file.

In addition to this, we retain the right to pursue any other remedy permitted by law (including but not limited to tort, statute, equity or contract).

We may also, at our discretion, immediately terminate your right to use InstaPay.

13. What are the circumstances where we will terminate or disable your access to InstaPay?

We may immediately terminate or suspend your access to InstaPay without prior notice. Causes for this include, but are not limited to:

  • a) Breaches or violations of these terms (including clause 11)
  • b) Amounts outstanding against your Unpaid Wages or use of the Employment Hero platform by your employer
  • c) You have attempted to gain unauthorised access and usage of InstaPay from another employee
  • d) Requests by your employer, law enforcement, or other government agencies
  • e) Requests by you (self-initiated deletions)
  • f) you are no longer eligible (see clause 3)
  • g) Discontinuance or material modification to InstaPay (or any part thereof)
  • h) Unexpected technical or security issues or problems
  • i) Extended periods of inactivity, and
  • j) Termination at our discretion

14. 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 replicate, copy, 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 licence to use our Software provided that you do not (and do not allow any third party to) copy, replicate, 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) to obtain 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.

15. Changes to terms and conditions

We can change, modify or otherwise alter these terms by uploading the new version to our website and EH App.

You agree that by continuing to use InstaPay after we have uploaded the new version of these terms, they become effective and that you agree to any changes.

16. Governing Law and Disputes

These terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you have any concerns or complaints about us or the EH platform please contact us by emailing support@employmenthero.com.

If either of us has a dispute or claim arising out of these terms, each of us will consult and negotiate in good faith to resolve the matter. If we are not able to reach a settlement within 60 days, then either party may commence legal proceedings.