Terms & Conditions
1. Appointment and Authority
1.1 The Account Owner appoints Refundly Pty Ltd as their ‘Agent’ to search, investigate, prepare, submit, and manage claims to recover any lost, unclaimed or forgotten money held in their name.
1.2 The Account Owner authorises the Agent to act on their behalf with government departments, financial institutions, registries, and any relevant third parties.
1.3 Nothing in this Agreement constitutes or creates an employment, partnership, or joint venture relationship between the parties. The Agent acts as an independent service provider.
1.4 The Account Owner or Account Owner Representative acknowledges and agrees that a completed and signed ‘Authority to Act Form’ or a written acknowledgement and instruction to process is an irrevocable instruction for Refundly Pty Ltd to investigate and seek to refund lost money for the Account Owner.
2. Scope of Services
2.1 The Agent will provide the following services:
- Identification of unclaimed, lost or forgotten monies held in the Client’s name
- Preparation and lodgement of relevant claim forms or authority documentation
- Liaison with third parties and holding authorities
- Payment processing and administration support
2.2 The Account Owner and Account Owner’s Representative authorizes Refundly Pty Ltd to undertake any necessary searches and procedures required for the recover of unclaimed money and are aware that this can include obtaining personal information from third parties or third parties’ agencies (example Real Estate Agents, Australia Post or similar) for the sole purpose of having the claim approved.
2.3 Refundly Pty Ltd agrees to not use the information provided for any other purpose other than for the provision of services unless explicitly authority is provided in writing.
3. Fees and Payment
3.1 The Agent will charge a success-based fee of 20% (exclusive of GST) of the total amount recovered to cover expenses.
3.2 No fees are payable if no funds are successfully recovered.
3.3 The Account Owner or the Account Owner’s Agent acknowledges and agrees that when the claim for lost monies is approved and ownership is legally acknowledged, in the first instance the holding authority will send the refunded money to the Business as the representing agent.
3.4 The refunded money will be held in trust, and the Account Owner or the Account Owner’s Agent authorises the Business to deduct the 20% Commission Fee from the refunded money and electronically transfer the balance to the bank account nominated in the Authority to Act Form.
3.5 If the holding authority forwards the refunded money directly to the Account Owner or their Agent, the Account Owner or their Agent agrees to pay the 20% Fee in full within seven (7) days of receipt.
3.6 Any unpaid amount will accrue interest at 15% per annum, calculated daily from the due date until payment is received in full.
4. Client Obligations
4.1 The Account Owner agrees to:
- Provide accurate and complete personal information, identification, and supporting documents
- Cooperate fully with the Agent throughout the process
- Notify the Agent promptly of any direct contact from the holding authority
- Notify the Agent if the refunded amount is received directly
5. Term and Termination
5.1 This Agreement will remain in effect until the Agent completes the services or is terminated by either party in writing.
5.2 If the Client cancels this agreement after a claim has been lodged or accepted, the Agent may still be entitled to claim the Fee.
5.3 The Agent reserves the right to terminate this agreement immediately without any notice if the Client,
5.3.1 Fails to cooperate or
5.3.2 Commits or attempts to commit fraud, theft or
5.3.3 Make inaccurate, misleading, or deceptive representation with respect to the Account Owner
5.3.4 if the Agent reasonably believes the claim is not viable.
5.4 The Account Owner will not be entitled to claim any amounts by way of compensation or damages or any other payments because of termination of this Agreement.
6. Confidentiality and Privacy
6.1 The Agent agrees to keep all personal and financial information provided by the Client strictly confidential.
6.2 The information will be used solely to provide services under this agreement or as required by law.
6.3 The Agent’s privacy policy is available at www.refundly.com.au
7. Limitation of Liability
7.1 The Agent provides no guarantee as to the amount or success of any claim.
7.2 The Account Owner or the Account Owner’s Representative acknowledges that usage of this service is at their own risk and agrees to indemnify Refundly Pty Ltd, its officers, employees, agents and independent contractors against any and all damages, liabilities, and costs (including legal costs on a solicitor/client basis) sustained or incurred.
7.3 The Agent will not be liable for any loss arising from a delay caused by the Account Owner or Account Owner’s representative, including failure to provide the required documentation, information or forms or for any matters outside of its control, including government or other agency processing periods.
7.4
7.5 The Agent shall not be held liable for errors or delays caused by third parties or government agencies.
8. Governing Law
8.1 This Agreement is governed by the laws of Victoria, Australia. Any disputes will be resolved under the jurisdiction of its courts.
9. Entire Agreement
This document constitutes the entire agreement between the parties and supersedes all prior understandings or arrangements. Changes must be made in writing and signed by both parties.