Website and Business Platform Terms

1. About these terms

These Website and Business Platform Terms (Website Terms) govern use of the public website at humi.au and, where your organisation has access, the Humi business portal and related online business interfaces (Business Platform).

The website and Business Platform are operated by Hummingbird Intercoms Pty Ltd (ABN 75 651 091 057; ACN 651 091 057) (Humi, we, us or our). Humi uses the Humi Networks brand.

By using the public website, you agree to the provisions that apply to website visitors. By registering for or using the Business Platform, you and the organisation you represent agree to the provisions that apply to business users, together with the applicable product agreement. If you do not have authority to bind that organisation, do not accept an agreement or submit an instruction on its behalf.

2. Public website information

The public website provides general information about Humi, its service categories, support channels and policies. Unless a page expressly says otherwise, website content:

• is general information and is not personal financial, legal, tax, investment or other professional advice;
• is not a binding quote, offer, promise of eligibility or guarantee that a service is available in a particular place;
• may summarise a product whose full features, limits, fees and obligations are set out in separate terms or a confirmation; and
• should not be relied on instead of reviewing the documents and transaction details that apply to you.

We take reasonable care to keep material website information current, but availability, currency corridors, cut-off times, provider arrangements and other operational information can change. Contact Humi before acting if information is important to a decision and no current confirmation is available.

3. Business Platform eligibility and onboarding

Access to the Business Platform is available only to organisations and users approved by Humi. We may require information about the organisation, its business, directors, beneficial owners, authorised users, source and purpose of funds, counterparties and transactions. We may verify that information and repeat checks where reasonably necessary for legal, fraud-prevention, security, banking or provider requirements.

Submitting an application does not guarantee approval. Available products, currencies, payment methods, limits and roles may differ by client and are governed by the applicable product documents and the settings shown in the Business Platform.

You must give complete, accurate and current information and promptly tell us about a material change. If required information is not provided or cannot be verified, Humi may be unable to open an account, make a feature available or process an instruction.

4. Authorised users and access security

The client organisation is responsible for nominating appropriate authorised users and access roles and for promptly removing access when a person changes role or leaves. Each user must use their own credentials. Shared logins are not permitted unless Humi expressly provides a feature designed for shared access.

You must:

• keep passwords, one-time codes, API credentials, recovery methods and devices secure;
• use reasonable internal approvals, segregation of duties and payment-verification controls appropriate to your organisation;
• review authorised users, permissions, recipient changes and transaction records regularly;
• keep supported software and security updates current; and
• notify Humi immediately through the Support Centre if access or an instruction may be compromised or unauthorised.

Humi will not ask for a password or one-time code by email or support form. A request to change bank or payout details should be independently verified using a trusted contact channel.

5. Instructions and confirmations

Subject to the applicable product terms, Humi may treat an instruction submitted through an authenticated account by an authorised user as an instruction of the client organisation. Humi may use an approval workflow, callback, document request or other reasonable check before acting.

You must review amounts, currencies, recipients, fees, exchange rates, settlement details and other confirmation information before approving an instruction. Contact Humi immediately if a record is wrong or an instruction is unauthorised. Do not submit a duplicate instruction unless its status has been confirmed.

Humi may delay or decline an instruction where reasonably necessary to confirm authority or accuracy, manage fraud or scam risk, comply with law or provider requirements, or address an operational problem. We will provide notice and a general explanation where lawful and reasonably possible.

6. Acceptable use

You must not use the website or Business Platform:

• for unlawful, fraudulent, misleading, sanctioned or prohibited conduct;
• to hide the true source, recipient, controller or purpose of funds, or evade a limit or check;
• to access another person’s account, impersonate another person or make an unauthorised instruction;
• to upload malicious code, probe or bypass security, interfere with availability, scrape protected content, or conduct an unapproved automated or penetration test;
• to infringe privacy, confidentiality, intellectual-property or other legal rights; or
• in a way that could materially harm Humi, a client, a provider or the integrity of a payment or compliance system.

Reasonable indexing by public search engines and ordinary use of browser accessibility, translation and security features are not prohibited by these Terms.

7. Fees, rates and product obligations

Fees, exchange rates, funding requirements, payment timing, settlement obligations and cancellation or return rules are set out in the applicable product terms, service schedule, quote or transaction confirmation. General website descriptions do not override those documents.

Third-party banks, intermediaries, card schemes, payment networks or recipients may impose charges outside Humi’s control. Humi will disclose known Humi fees and material known third-party charges as required by the applicable agreement and law.

8. Availability, maintenance and changes

Humi uses reasonable care in operating the website and Business Platform, but continuous or error-free availability is not guaranteed. Maintenance, telecommunications, banking networks, cyber incidents, provider outages, law and events outside reasonable control can affect access or processing.

We may update interfaces, security requirements and features. We will give reasonable notice of a material change that is likely to adversely affect an existing service, where practicable and subject to security and legal needs. Urgent security maintenance may occur without advance notice.

Keep independent copies of confirmations and records your organisation is required to retain. A dashboard is not a substitute for your own accounting, legal or business-continuity records.

9. Suspension and closure

Humi may proportionately restrict access to protect an account or system, investigate suspected unauthorised or unlawful activity, complete required checks, respond to a serious breach, comply with law, or manage an unavailable product or provider. We will restore access when the reason is resolved where reasonably possible and will give notice unless prohibited or unsafe.

A client may request closure in accordance with its product agreement. Closure does not cancel a completed transaction or remove an obligation, complaint, refund, confidentiality duty or legal right that arose before closure.

10. Privacy, cookies and confidential information

Our Privacy Policy explains how Humi handles personal information collected through the website and Business Platform, including cookies, device data, account information, authorised-user details and support records. Privacy requests can be made through Privacy Choices and Data Requests.

A business user must handle information visible in the Business Platform only for the client’s authorised business purpose and in accordance with privacy, confidentiality and employment obligations. Do not disclose another person’s transaction, recipient or identity information unless authorised and lawful.

Each party must protect the other’s non-public business information with reasonable care and use it only to provide, receive, secure or administer the relevant service, except where disclosure is authorised, already public without breach, independently developed, or required by law. More specific confidentiality terms in a product agreement prevail.

11. Intellectual property

Humi and its licensors own the website, Business Platform, software, design, text, graphics, trade marks and other material made available through them, except for material identified as belonging to another person.

Humi grants you a limited, revocable, non-exclusive and non-transferable right to access and use the relevant service for its intended purpose while these Website Terms and any applicable product agreement remain in effect. You must not copy, sell, sublicense, reverse engineer, modify, remove ownership notices from, or commercially exploit Humi material except with written permission or to the extent the law does not permit that restriction.

You retain ownership of material you submit. You grant Humi the limited rights reasonably required to receive, store, check, reproduce and transmit that material to operate the service, comply with law and respond to support or disputes. You confirm that you are authorised to provide it.

12. Third-party sites and services

The website or Business Platform may link to or depend on third-party sites and services. Humi does not control an external site merely because it is linked. Review its terms and privacy information before using it. Humi is not responsible for external content or conduct, except to the extent Humi is responsible under an applicable law or expressly agreed service obligation.

13. Electronic communications

You agree that service, transaction, security and legal communications may be provided electronically through the Business Platform, email, SMS or another registered channel. Keep contact details current and monitor authorised channels. Marketing preferences do not prevent operational, security or legal communications.

A click, digital approval or authenticated instruction may form or evidence an agreement where the relevant screen clearly indicates that consequence. You can request an accessible copy of these Website Terms or a policy through the Support Centre.

14. Consumer and statutory rights

Subject to non-excludable rights, each party is responsible for loss to the extent caused by its breach, negligence, fraud or unlawful act. Humi is not responsible to the extent loss was caused by inaccurate or unauthorised instructions supplied by the client, a failure to apply reasonable account security, or an event genuinely outside Humi’s reasonable control, except where Humi did not take reasonable care or the law provides otherwise.

Neither party is responsible for loss that was not reasonably foreseeable when the relevant obligation arose. Both parties must take reasonable steps to reduce avoidable loss. Any more specific and lawful allocation of responsibility in a product agreement applies to that product.

15. Changes to these Website Terms

We may update these Website Terms for changes to the website, Business Platform, security, law or business operations. We will publish the updated version with an effective date and give reasonable advance notice of a material detrimental change affecting an existing Business Platform user, where practicable. An urgent security or legal change may take effect sooner.

A change does not alter the confirmed commercial details of a transaction already accepted unless required by law, agreed with you or necessary to correct an agreed error. If a client does not agree to a future change, it may stop using the affected feature and discuss closure under its product agreement.

16. Priority, severability and governing law

If these Website Terms conflict with a signed or expressly accepted product agreement, service schedule or transaction confirmation, the more specific document prevails for that service or transaction. No website statement changes a signed agreement unless it clearly says it does so and is made by an authorised person.

If a provision is unlawful or unenforceable, it is to be read down to the minimum extent necessary or severed without affecting the remainder. A delay in exercising a right is not a waiver.

These Website Terms are governed by the laws of New South Wales, Australia. You and Humi submit to the non-exclusive jurisdiction of its courts and tribunals, without removing a mandatory right under another applicable law.

17. Contact and complaints

For website or Business Platform support, email support@humi.au or use the Support Centre. Formal complaints are free and can be submitted through our Complaints and Disputes process or by emailing compliance@humi.au.

Operator: Hummingbird Intercoms Pty Ltd, 25 Lime Street, Sydney NSW 2000, Australia.