Humi App Consumer Terms

1. About these terms

These Humi App Consumer Terms (Terms) are an agreement between you and Hummingbird Intercoms Pty Ltd (ABN 75 651 091 057; ACN 651 091 057) (Humi, we, us or our). Humi operates the Humi service and uses the Humi Networks brand.

These Terms apply to an eligible individual customer’s use of the Humi mobile application and the AUD to CNY transfer service made available through it (App Service). They do not govern Humi’s business portal or a separately contracted Spot FX service. Those services have their own terms.

These Terms should be read with our Privacy Policy, Fees, Rates and Transfer Information, Identity Verification Collection Notice, Security and Scam Help and any specific notice shown before you confirm a transfer. If a transfer confirmation is inconsistent with these Terms, the confirmation prevails for the commercial details of that transfer, but only to the extent of the inconsistency.

2. Eligibility

To apply for and use the App Service, you must:

• be at least 18 years old and act for yourself, not through a nominee or on behalf of an undisclosed person;
• be an individual whom Humi can lawfully and operationally serve in the locations supported by the App;
• have a valid email address and access to an accepted AUD funding account or method;
• provide complete, accurate and current information and successfully complete the checks Humi reasonably requires;
• use the service only for lawful purposes and transfers permitted by the App; and
• not be suspended, prohibited by law from using the service, or subject to restrictions that make the requested transfer unlawful.

Downloading the App, registering or completing identity checks does not guarantee approval of an account or transfer. We may apply customer, transfer, corridor, funding, recipient and aggregate limits. Available limits are shown in the App or communicated to you and may depend on verification status, risk, legal requirements and service availability.

3. Registration, identity and other checks

You may hold only one individual Humi account unless we approve otherwise. You must keep your profile and contact details current and promptly correct anything that is inaccurate.

Before opening an account, and at any time while providing the App Service, Humi may reasonably ask for information or evidence about:

• your identity, date of birth, address and contact details;
• your identity documents and whether they are genuine and current;
• your occupation, source of funds or wealth, purpose of a transfer and relationship with a recipient;
• the recipient and other people connected with a transfer; and
• activity that appears unusual, inconsistent or potentially connected with fraud, scams, sanctions, money laundering or other unlawful conduct.

We may check information against documents, public records and specialist identity, fraud, sanctions and compliance service providers. If an image, liveness or biometric-enabled check is introduced, Humi will provide any additional collection notice and consent choice required by law before that check is used. Our Privacy Policy explains how personal information is handled.

You must respond within a reasonable period stated in our request. We may delay, decline, limit, suspend or cancel an account or transfer if a required check cannot be completed, information is inconsistent, or we reasonably consider that action necessary for legal, fraud-prevention, security, banking or payout-partner requirements. We may be unable to tell you all reasons where doing so is prohibited or would compromise a security or compliance process.

4. Account and device security

You are responsible for taking reasonable care of your device, account email, password, one-time codes and transaction PIN. You must not share them, allow another person to operate your account, remotely grant access to someone claiming to provide support, or leave an authenticated device unattended.

Use a unique password, keep your operating system and App updated, and review recipient and transfer details on a trusted device. Humi will never ask you to disclose your password, one-time code or full transaction PIN by email, telephone or support form.

Tell us immediately through the Support Centre if your device, email or Humi account may be compromised, or if you see a transfer or change you did not authorise. Delaying a report may reduce the possibility of stopping or recovering a payment.

5. Quotes and confirming a transfer

A quote will show, before confirmation:

• the amount you are to fund in AUD;
• the Humi service fee, if any;
• the AUD to CNY exchange rate offered for the transfer;
• the expected amount to be delivered in CNY;
• the quote expiry or period for acceptance; and
• any material transfer-specific instructions or conditions then known to us.

The offered exchange rate may differ from a wholesale, interbank, search-engine or news rate and may include a margin retained by Humi or a service provider. Any separately charged Humi service fee is shown before confirmation. A recipient or intermediary bank may impose a fee outside Humi’s control; where we know of a likely fee, we will disclose it, but we cannot always know third-party account charges in advance.

A quote is not reserved after it expires. If you do not confirm it in time, request a fresh quote. A transfer request is made when you complete the confirmation steps in the App. It is accepted when Humi records it as accepted or provides a transfer confirmation. We may still carry out the checks described in these Terms before processing or payout.

If a quote contains an obvious technical or input error, we will not silently substitute materially different terms. Where reasonably possible, we will tell you, provide a corrected quote and let you choose whether to proceed. If you do not proceed, we will return funds already received, subject only to lawful and clearly explained third-party costs not caused by Humi.

6. Funding a transfer

Fund a confirmed transfer only by the accepted method, account details, amount, currency, reference and deadline shown in the App. Unless Humi expressly approves otherwise, funding must come from an account in your name. Do not send cash, use an unsupported method or ask an undisclosed third party to fund your transfer.

A transfer is not funded merely because you initiated a bank payment. Humi must receive cleared funds and be able to match them to the correct transfer. Your bank’s timing is outside Humi’s control.

If funds arrive late, are short, exceed the required amount, use an incorrect reference, come from an unapproved source or cannot be matched, we may pause processing and contact you. Depending on what is operationally and legally possible, we may ask you to correct the funding, offer a new quote for you to accept, apply an agreed amount to the transfer, or return funds. We will explain any reasonable bank, return or conversion cost before deducting it where practicable.

Funding instructions are unique to the transfer or account context in which they are issued. Do not reuse old instructions unless the App expressly tells you they remain valid.

7. Recipient information

You must enter and review the recipient’s full name, Chinese bank name, bank-account details, identity number, mobile number and any other information required by the App. The recipient must be eligible for the selected CNY bank-account payout method and lawfully entitled to receive the transfer.

You confirm that you have authority to give us the recipient’s personal information and that the transfer purpose and information are truthful. A format or account-name check does not guarantee that the recipient is the person you intend. Scammers may give convincing instructions or impersonate family, businesses or officials. Stop and independently verify any unexpected change of recipient or urgent payment request.

Incorrect recipient information can delay, reject or misdirect a transfer and may make recovery impossible. Contact Humi immediately if you identify an error. Do not submit a replacement transfer until Humi has told you what happened to the original.

8. Processing, status and delivery

The App may show a processing estimate or status. An estimate is not a guarantee. Timing may be affected by when cleared funds arrive, additional checks, transaction limits, cut-off times, weekends and public holidays in Australia or China, banking and payout networks, recipient-bank processing, incorrect information, service outages and events outside Humi’s reasonable control.

We may use banks, payment processors, identity providers and payout partners to deliver the App Service. Humi remains responsible for its obligations to you under these Terms and applicable law, but those providers may apply their own operational and legal checks.

A transfer is complete when the CNY payout has been credited or otherwise made available through the selected payout method. A status supplied by a third party may later be corrected if the transfer is returned or rejected.

9. Cancellation, refunds and returned transfers

To request cancellation, use the Support Centre immediately. We will try to stop a transfer if it has not reached an irreversible processing or payout stage. We cannot guarantee cancellation or recovery after funds or payment instructions have been sent to a bank, payment network, payout partner or recipient.

If cancellation is possible, we will tell you about any reasonable and unavoidable bank, payout, recovery or conversion cost before proceeding where practicable. If the service is not supplied because of Humi’s error, your remedies may include re-performance, correction or refund as required by the Australian Consumer Law or another applicable law.

Humi may cancel or return a transfer if it cannot be completed lawfully or safely, a required check fails, funding or recipient details are invalid, a provider rejects it, or the service is unavailable. We will notify you unless the law or a security concern prevents us from doing so.

A refund is generally returned to the original funding source and may require identity or account verification. If CNY or another currency must be converted back to AUD, the rate available at the time of the return may differ from the original rate. Where the failed or returned transfer was not caused by Humi, the refund may be reduced by a demonstrated exchange-rate difference and reasonable third-party costs, but only to the extent permitted by law. We will provide an explanation. We will not deduct a Humi service fee for a service Humi failed to provide where the law requires that fee to be refunded.

10. Prohibited use

You must not use or attempt to use Humi:

• for an unlawful, fraudulent, deceptive, sanctioned or prohibited transaction;
• to receive or send funds for an undisclosed person, evade a limit or conceal the true source, recipient or purpose of funds;
• for goods, services or activity prohibited in the App or notified to you by Humi;
• to test stolen financial details, interfere with security, introduce malicious code, scrape the service or access another person’s account;
• in a way that infringes another person’s rights or exposes Humi or a provider to legal or security risk; or
• after we have told you that your account is closed or suspended, except to contact support or exercise a legal right.

Do not split, structure or relabel transfers to avoid a limit, check or reporting obligation.

11. Refusing, limiting or suspending service

We may reasonably refuse, delay, limit or suspend an account, feature or transfer when necessary to:

• complete identity, sanctions, fraud, scam, source-of-funds or other compliance checks;
• respond to suspected unauthorised use or protect you, Humi, a provider or another person;
• comply with law, a court order or a lawful direction or requirement;
• address a material breach of these Terms or materially inaccurate information;
• manage a provider, corridor, currency, funding or payout outage or restriction; or
• prevent material operational, security or financial harm.

We will act proportionately and restore access when the reason for restriction has been resolved, where reasonably possible. We will give notice and a general explanation unless notice is prohibited, would compromise an investigation or security control, or urgent action is reasonably required.

12. Errors, unauthorised activity and scams

Review every confirmation and account notification promptly. Report an incorrect, duplicate, unauthorised or missing transfer, or suspected scam, as soon as possible through urgent security support. Include the transfer reference but never include a password, one-time code, transaction PIN, full bank-account details or identity-document image in the support form.

We will investigate fairly, may ask for further information, and will explain the outcome and any available remedy. Your responsibility will be assessed under the circumstances, these Terms and applicable law. Nothing in these Terms makes you responsible for loss caused by Humi’s fraud, negligence or breach, or removes a right or remedy that cannot lawfully be excluded.

13. Fees, taxes and records

Humi fees are disclosed before confirmation or agreed with you. Your bank, the recipient’s bank, an intermediary or a payout provider may charge separate fees. You are responsible for your own tax position and should obtain independent advice if needed; Humi does not provide tax advice.

Transfer confirmations, status records and receipts are made available electronically. Save copies for your records and tell us promptly if a record appears wrong.

14. Licence to use the App

Humi grants you a personal, limited, revocable, non-exclusive, non-transferable licence to install and use the App on devices you own or control, only for the App Service and in accordance with these Terms and the applicable app marketplace’s usage rules. You may also use the App through family or shared-device features only to the extent permitted by those rules and without giving another person access to your Humi account.

You must not copy, sell, sublicense, rent, reverse engineer, decompile, modify, create derivative works from, bypass security in, or commercially exploit the App except to the extent a restriction is prohibited by law or open-source licence terms expressly allow it. Humi and its licensors retain all rights not expressly granted.

App marketplace terms

These Terms are between you and Humi, not Apple Inc., Google LLC or another app marketplace operator. Humi, not the marketplace operator, is responsible for the App, its content, maintenance and support, and for addressing product, consumer-protection or intellectual-property claims concerning the App, subject to these Terms and applicable law. The marketplace operator has no obligation to provide maintenance or support.

For an App obtained from Apple’s App Store, the licence is limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Terms and Conditions. If the App fails to comply with an applicable warranty, you may notify Apple and Apple may refund any purchase price paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App-licence provisions against you.

You must comply with applicable third-party terms, including your mobile network and app marketplace terms. You also represent that you are not located in a country subject to a United States Government embargo or designated as supporting terrorism, and are not listed on a United States Government prohibited or restricted-party list, to the extent these marketplace conditions apply to distribution of the App.

15. Third-party services

The App may rely on device functions, operating systems, telecommunications, banks and specialist providers. Humi does not control your device, internet service or bank. A link or integration does not mean Humi endorses all third-party content or products. If separate third-party terms are presented for an optional feature, review them before using it.

Open-source software included in the App remains subject to its applicable open-source licence. Those licence terms prevail over this section only where they grant rights that cannot be limited by these Terms.

16. Privacy and communications

Our Privacy Policy and collection notices explain how Humi collects, holds, uses and discloses personal information, including identity, recipient, transaction, device, fraud-prevention and support information. You can use our Privacy Choices and Data Requests page to request access or correction or to raise a privacy concern.

You agree that account, security, transfer and legal communications may be provided electronically through the App or the email address you have supplied. Keep your details current. Marketing choices do not prevent service, security or legal messages. If Humi later introduces another communication channel, we will give any notice or choice required before relying on it.

17. Closing or deleting your account

You may stop using the App at any time. You can start account deletion from the App settings or use the public Account and Data Deletion page without reinstalling the App. Humi may need to verify your identity and resolve a pending transfer, refund, complaint, debt, security concern or legal restriction before completing closure.

Deleting the App from a device does not close your account. Closing an account does not reverse a completed transfer or remove rights and obligations that arose earlier.

When deletion is complete, Humi will delete or de-identify account information that it is not required or permitted to retain. Identity, transaction, fraud-prevention, complaint and audit records may be retained for periods required by law or reasonably needed to establish, exercise or defend legal claims. Humi will restrict retained information from ordinary account use and explain applicable retention in the Privacy Policy and deletion response.

18. Changes to the App or these Terms

We may update the App or these Terms to reflect service changes, security needs, provider requirements or law. We will give reasonable advance notice of a material change that is likely to be detrimental to you, where practicable and lawful. An urgent security or legal change may take effect sooner.

A change will not alter the confirmed commercial details of a transfer already accepted unless required by law, needed to correct an agreed error, or accepted by you. If you do not agree to a future change, you may stop using the App and request account closure. The version shown when you next use or confirm the service applies from its stated effective date.

19. Consumer rights and responsibility for loss

Subject to those non-excludable rights, each party is responsible for loss to the extent it was caused by that party’s breach, negligence, fraud or unlawful act. Humi is not responsible to the extent a loss was caused by incorrect instructions you supplied, your unreasonable delay in reporting a known issue, an unlawful or prohibited transfer, or an event genuinely outside Humi’s reasonable control, except where Humi failed to take reasonable care or the law provides otherwise.

Neither party is responsible for loss that was not reasonably foreseeable when the relevant obligation arose. This does not limit a remedy available for failure to meet a consumer guarantee or another liability that cannot be limited. You and Humi must take reasonable steps to reduce avoidable loss.

20. Ending the agreement

You may end this agreement by closing your account after pending matters are resolved. Humi may end it on reasonable notice or immediately if continued service would be unlawful, unsafe, unavailable, or materially affected by your serious or repeated breach. Where lawful and reasonably possible, we will allow you to withdraw or receive funds Humi owes you and provide information about pending transfers.

Terms about completed transfers, refunds, privacy and retained records, intellectual property, complaints, liability and governing law continue to the extent needed after closure.

21. Support, complaints and disputes

For App help, contact support@humi.au or submit a reference-numbered request through the Support Centre.

Making a complaint is free. You may email compliance@humi.au, select Formal complaint or dispute in the Support Centre, or follow our Complaints and Disputes process. We will acknowledge, investigate and provide a reasoned response. That page also explains any external escalation option that is verified and applicable to your complaint. Nothing in these Terms prevents you from contacting a regulator, court or tribunal or exercising another legal right.

22. General

These Terms and each transfer are governed by the laws of New South Wales, Australia. You and Humi submit to the non-exclusive jurisdiction of its courts and tribunals. This does not deprive you of a mandatory protection under another applicable law.

If a provision is unlawful or unenforceable, it is to be read down to the minimum extent necessary or severed without affecting the remainder. Humi’s delay in exercising a right is not a waiver. You cannot transfer your account or rights under these Terms without our consent. Humi may transfer its rights and obligations as part of a genuine business transfer or service restructure only where this does not reduce your legal rights, and will notify you where required.

Contact: Hummingbird Intercoms Pty Ltd, 25 Lime Street, Sydney NSW 2000, Australia; support@humi.au.