Terms of Use

Application terms of use

1 Our Application

1.1 Welcome to the Earni Mobile App (Application). This Application provides you with the opportunity to use our bookkeeping administration services in relation to the National Disability Insurance Scheme (NDIS), assisting with scheduling clients, providing guidance, reminders and service agreements, invoicing, reporting and accessing other information related to financial management of NDIS funding (the Services).

1.2 For the purposes of these terms and conditions (Terms), words used in clause 1.1 that have a defined meaning in the National Disability Insurance Scheme Act 2013 (Cth) (NDIA) have the same meaning as in the NDIA unless the context indicates otherwise.

1.3 The Application is operated by Earni Pty Ltd ACN 678 389 896 (Earni, we, us and our).

1.4 To contact us, please email help@earni.au

2 Terms of use

2.1 Please read these Terms carefully before using this Application. Our privacy policy, which is accessible HERE (Privacy Policy) is incorporated by this reference into these Terms.

2.2 By installing, accessing, using or signing into our Application, you agree that you have read and understood these Terms and you agree to be bound by them.

2.3 If you do not agree to the Terms, you must not use our Application.

2.4 You are responsible for ensuring that all persons who use our Application through your account are aware of these Terms and that they comply with them.

3 Changes to our Terms and this Application

We may amend, update or change these Terms and this Application from time to time without notice to you. Every time you wish to use our Application, please check these Terms to ensure you understand the Terms that apply at that time. The variations will apply from the date the varied terms and conditions are published on our Application. These Terms were most recently updated on 15/07/2025.

4 Availability of our Application

4.1 Our Application is available to download free of charge, subject to clause 5.

4.2 We do not guarantee that our Application or any content on it will always be available, uninterrupted or be error-free. We may suspend, withdraw or restrict the availability of all or any part of our Application for business and operational reasons.

4.3 We do not represent that content available on or through our Application is appropriate for use or available outside Australia. If you access our Application from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to accessing the Application from your location.

4.4 You may require adequate internet connection for the Application to operate. If you do not maintain adequate internet connection, you may not be able to use the Application.

5 Subscription Fee

5.1 You can subscribe to use our Services within the Application on a monthly or annual basis. The Application will specify, or we will otherwise notify you of, a monthly or annual subscription fee (Subscription Fee) that is attributable to our Services which will be payable in Australian currency in accordance with this clause 5.

5.2 Your access to our Services begins on the date of payment of the Subscription Fee and will continue, contingent on ongoing payment of the applicable Subscription Fee, unless otherwise breached or terminated by either party, including in accordance with clause 17 of these Terms.

5.3 You are responsible for all fees incurred during the current subscription period that you subscribe to. You must pay the Subscription Fee by using any payment method specified on the Application from time to time.

5.4 From time to time, we may vary our Subscription Fees. If this occurs:

(a) we will provide prior written notice of the variation; and

(b) the variation will only take effect on the first day of any given calendar month.

Refund

5.5 Please choose your subscription carefully. We do not provide refunds for change of mind or wrong decisions. An invoice will be issued upon processing your subscription for you to retain as proof of purchase.

5.6 You warrant that any credit card details that you provide will be complete and accurate.

Cancellation

5.7 At any time, you are entitled to cancel your subscription and no further charges will apply to subsequent billing periods. Your ability to access your account and our Services via the Application will continue until the end of the current Subscription Fee period.

6 Eligibility to use our Application

6.1 To use our Application and access the Services you must:

(a) be an NDIS provider or manager (Provider);

(b) be at least 18 years old;

(d) be granted access by Earni;

(e) provide your unique mobile telephone number to Earni;

(f) complete our user verification process; and

(g) create your account.

6.2 You warrant that any and all information you provide when registering your account is true and accurate. You must ensure your personal details are up to date at all times.

7 You must keep your account details safe

7.1 If you choose, or you are provided with, a user identification code, verification code, password, username or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.2 We have the right to disable any code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions contained in these Terms.

7.3 If you know or suspect that anyone other than you knows your user identification code or password, or has hacked into your account, you must promptly notify us via the email identified in clause 1.4.

8 Use of material on our Application

8.1 We are the owner or the licensee of all intellectual property rights in our Application, and in the material published on it (Intellectual Property Rights). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not infringe our Intellectual Property Rights.

8.2 You may print or download extracts of any page on our Application for a proper commercial use.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Application.

8.4 Our status (and that of any identified contributors) as the authors of content on our Application must always be acknowledged.

8.5 If you print off, copy or download any part of our Application in breach of these Terms, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9 Do not rely on information in this Application

9.1 This Application is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Application.

9.2 The content on our Application is provided for your information only. It is not intended to amount to advice on which you should rely.

9.3 Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application is accurate, complete or up-to-date.

9.4 We reserve our right to correct any errors on the Application.

10 We are not responsible for websites we link to

Where our Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions for those websites.

11 User-generated content

11.1 This Application contains interactive features that allow users to submit, publish, display or transmit (submit) content, materials and information (collectively, User Contributions) on or through the Application.

11.2 You acknowledge that User Contributions will be accessed by us and our respective affiliates, agents, employees, contractors and officers (Our Personnel).

11.3 All User Contributions must comply with the content standards set out in clause 12 of these Terms (Content Standards).

11.4 You are solely responsible for any User Contributions submitted to the Application through your account.

11.5 Unless stated otherwise in the Terms, any User Contribution you submit to the Application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by making any User Contribution, you grant us, Our Personnel and each of their and our respective licensees, successors and assigns an irrevocable, perpetual, non-exclusive, royalty-free transferrable, fully-paid, worldwide licence to right to use, share, copy, publish, adapt, download, edit, excerpt, store, process, reproduce, modify, display, distribute and otherwise disclose to third parties, your User Contributions for any purpose arising out of or in connection with the Services.

11.6 We have the right to disclose your identity to any third party who is claiming that any content submitted by you to our Application constitutes a violation of their intellectual property rights, or of their right to privacy.

11.7 We have the right to remove any submission you make on our Application if, in our opinion, your submission does not comply with the Content Standards.

11.8 You acknowledge that the Application is not a storage service and we have no obligation to store, maintain any content or information that you provide or any third party provides. You are solely responsible for securing and backing up your content.

11.9 You represent and warrant to us that:

(a) your User Contributions are accurate, true and correct in all respects to the best of your knowledge;

(b) you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns;

(d) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness; and

(e) we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Application.

11.10 We may report any failure by you to comply with the Content Standards to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

11.11 We have the right to remove, refuse to submit or take any action with respect to any User Contributions for any or no reason in our sole discretion.

11.12 If you wish to complain about information and materials uploaded by other users please contact us by email.

12 Content Standards

The following Content Standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable laws and regulations. In particular, you warrant that your User Contributions will not:

(a) contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

(b) contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation age or any other protected attribute under Australian discrimination law;

(c) infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

(d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

(e) be dishonest, false or likely to mislead or deceive any person;

(f) promote any illegal activity, or advocate, promote or assist any unlawful act;

(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

(h) impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

(i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13 Privacy

13.1 You agree that we may collect, access, store, process and use any personal information (as defined by the Privacy Act 1988 (Cth)) (Personal Information) provided by you to us or otherwise to the Application and any information regarding your use of our Application in accordance with these Terms.

13.2 If we disclose any records containing Personal Information to you in connection with your use of the Application, you must:

(a) comply with all Privacy Policies and other representations (whether or not contractual) made by, and contractual terms that apply to, us in respect of the handling of Personal Information that are disclosed on the Application or otherwise disclosed or known by you;

(b) ensure that the Personal Information is protected against any misuse, interference or loss or unauthorised access, use, modification or disclosure (Data Breach);

(d) promptly and fully cooperate with us to:

(i) assess actual or suspected Data Breaches;

(ii) notify any affected persons or the Australian Privacy Commissioner of any Data Breach in the manner that we direct (if we reasonably determine that notification is required in the circumstances);

(iii) respond to and resolve any complaint in respect of the handling of Personal Information by you; and

(e) not transfer any Personal Information outside of Australia without our prior written consent.

13.3 For more information about our privacy practices and the ways that we handle personal information, please refer to our Privacy Policy.

14 Limitation of liability

14.1 In no event will we, Our Personnel, our licensees or service providers (Indemnified Parties) be liable or responsible for any loss, damages and liabilities of any kind, arising out of or in connection with:

(a) your use of or inability to use the account, its content or any websites linked to it;

(b) the termination of your account in any circumstances;

(d) your use of any information obtained from the Application and any use of the Application’s content and Services other than as expressly authorised in these Terms;

(e) your breach of these Terms; or

(f) the Application generally,

including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, financial loss, loss of NDIS funding, loss of NDIS supports, loss of profits, loss of anticipated savings, loss of use, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

14.2 To the fullest extent permitted by law, your sole remedy (and our exclusive liability) against us is to stop using the Services and to cancel your account.

14.3 Nothing in these Terms affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

14.4 You agree at all times to indemnify and hold harmless the Indemnified Parties from and against any loss (including legal costs and expenses), damages or liability incurred or suffered by any the Indemnified Parties in connection with any breach of these Terms by you, your use of or inability to use the Application, your use of any information obtained from the Application and any use of the Application’s content and Services other than as expressly authorised in these Terms.

14.5 You acknowledge that we hold the benefit of these Terms on trust for the Indemnified Parties and the Indemnified Parties will be entitled to enforce these Terms against you.

15 We are not responsible for viruses

15.1 We do not guarantee that our Application will be secure or free from bugs or viruses or any other type of malicious code or software.

15.2 You are responsible for configuring your technology to access our Application. You should use your own antivirus software.

16 Prohibited uses

16.1 You may use the Application only for lawful purposes and in accordance with these Terms. You agree not to use the Application:

(a) in any way that violates any applicable law or regulation, including, without limitation, any laws regarding the export of data or software to and from other countries;

(b) to transmit, or procure the sending of, any advertising or promotional material, including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation;

(c) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; or

(d) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm us, Our Personnel or users of the Application or expose them to liability.

16.2 You also agree not to:

(a) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application;

(b) use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

(c) use any manual process to monitor or copy any of the material on the Application or for any other unauthorised purpose without our prior written consent;

(d) use any automatic or manual process to reverse engineer or decompile any part of the Application;

(e) use any device, software or routine that interferes with the proper working of the Application;

(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

(g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application;

(h) attack the Application via a denial-of-service attack or a distributed denial-of-service attack; or

(i) otherwise attempt to interfere with the proper working of the Application.

16.3 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.

17 Default and Termination

17.1 If you fail to comply with any of these Terms, we may (in our sole discretion):

(a) suspend or terminate your account or access to our Application or parts of it; and

(b) take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.

17.2 We may suspend your account without prior notice to you if:

(a) you do not pay any Subscription Fee on time;

(b) you fail to comply with these Terms in any way; or

(c) we consider that you are in breach of your responsibilities and obligations as a Provider and act outside the parameters set under the NDIA and legislative instruments made under the NDIA.

17.3 If your account is suspended, we will give you notice specifying the reason for which your account has been suspended (Default). If we are not satisfied that you have remedied the Default within 14 days after we have given you notice of the Default, we may terminate your account (in our sole discretion).

17.4 Your account will be terminated no later than 7 days after:

(a) you delete your account through the Application; or

(b) you instruct us to, or we otherwise, delete your account.

17.5 You acknowledge that when your account is terminated, you lose access to your account and the account cannot be recovered.

17.6 Following termination, you also acknowledge that any User Contributions submitted by you to the Application and collected and stored by Earni will be retained in accordance with the applicable laws.

18 Force majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms, or in relation to the Application, that is caused by any act or event beyond our reasonable control.

19 General

19.1 These Terms are governed by the laws in force in New South Wales, Australia. By accessing or using the Application you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

19.2 Any reference to a party in these Terms, and any obligation or benefit under these Terms will bind or take effect for the benefit of that party’s executors, administrators, successors in title and assigns.

19.3 These Terms constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded.

19.4 Any failure by us to enforce any of these Terms or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these Terms.

19.5 If any of these Terms (or part of them) is held to be invalid or unenforceable, these Terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these Terms to be valid and enforceable.

19.6 We may assign, novate, transfer or subcontract these Terms and any of our rights and obligations under Terms to a third party. You may not assign your rights or obligations under these Terms except with our prior written consent.

19.7 Additional terms and conditions may also apply to specific portions, services or features of the Application. All such additional terms and conditions are incorporated by this reference into these Terms.

19.8 No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as set out in these Terms.

19.9 Nothing in these Terms intends to or will constitute or imply a partnership, joint venture or agency relationship between the parties.

19.10 We may give any notice in connection with these Terms to you by delivering the notice to your email address or postal address that you nominate from time to time through the Application.

19.11 For the purposes of these Terms, a notice sent by electronic means (including via email) will be deemed received at the time and on the date that it is sent unless the sender receives a notice that the delivery of the notice was unsuccessful (in which case the notice will not be deemed to have been received). A notice sent by post will be deemed given on the day it is posted and received six days after posting.

19.12 Clauses 2, 4.3, 6.2, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17 and any other term which by its nature is intended to survive termination of your use of the Application, survives termination of your use of the Application.