In these terms and conditions of our services, **Habrca Refunding** means its owners, partners, employees, and agents and is referred to as ”Us”, “We”. These terms apply to all of our services, whether directly in person, via telephone, on our website (http://www.habrcarefunding.com) (‘The site’), or any other means.

**Account Owner** means you, being an individual(s), company, trust, or other entity that legally owns the lost money.

**Account Owner’s Agent** means the Account Owner or the person(s) authorised by the Account Owner to make a claim utilising the services of **Habrca Refunding** to act on behalf of the Account Owner.

**Refunded money** means all monies including monies held in shares, bonds, or in deceased estate identified as lost and unclaimed by us or directly claimed & refunded by us.

**Agreement and Authority to Act** means this document in its entirety.

**Habrca Refunding** agrees to act in the role of Agent for the Account Owner to locate, validate, and administer the Refund of lost and unclaimed monies in accordance with the Account Owners or its authorised Account Owner’s Agent’s directions.

The Account Owner’s Agent warrants that he/she/they are legally authorised and have the capacity (e.g. a company director, executor, attorney, written authority) to enter into this agreement and to engage **Habrca Refunding** to seek to Refund lost and unclaimed monies due to the Account Owner.

The Account Owner’s Agent warrants that he/she/they upon signing of our Authority agreement have had the opportunity to read, review, and accept the terms herein and are aware of their responsibilities and hereby agree to comply with them in full.

**Habrca Refunding** will use due diligence, skill, and care to Refund the monies owing as quickly as possible but will not be liable for delays caused by other parties or matters which are not within its control.

**Habrca Refunding** will not disclose the source of lost monies that may be due to the Account Owner unless it holds a completed and signed Agreement and Authority to Act. Once the source of the lost monies or assets is disclosed, the Account Owner / Account Owner’s Agent undertakes that they will not seek to deal directly with the holder of the funds in competition with **Habrca Refunding**.

The Account Owner / Account Owner’s Agent acknowledges and declares that a completed and signed Agreement and Authority to Act is an irrevocable instruction to **Habrca Refunding** to investigate and seek to Refund lost money for the Account Owner.

Following the receipt by us of lost monies on your behalf, **Habrca Refunding** Fee for Refund (FFR) fee and Commission Fee is payable from the monies Refunded. The Account Owner / Account Owner’s Agent authorises **Habrca Refunding** to deduct its Fee for Refund (FFR) fee and Commission Fee from the monies Refunded and to electronically transfer the balance to the bank account nominated by the Account Owner / Account Owner’s Agent as detailed in the table 1 below.

Table 1

Our Fee for Refund Fee (FFR) are $33 GST Inc. for any Refunded Money or shares or assets as the case may be;

“Flat Fee” means, in the case where refunded money is a value of less than $500, the applicable flat fee is $150; Our commission fee does not include GST. Where GST is payable for our services to you, we will charge you at the current GST rate of 10%.

The Account Owner / Account Owner’s Agent agrees to provide correct information in a timely manner and acknowledges that the failure to do so may cause delays in locating and Refunding the lost money and may lead to an unsuccessful claim. **Habrca Refunding** agrees not to use the information provided for any purpose other than for the Refund of the lost monies the subject of this claim and to only collect and store such information in accordance with Australian privacy legislation and **Habrca Refunding** Privacy Policy.

You agree that in the event that the Account Owner / Account Owner’s Agent seeks to cancel or terminate this agreement, or does not provide information or documentation as required by Us to complete the claim within a reasonable period or You seek to deal directly with the holder of the funds in competition with Us, then, notwithstanding any other clause hereof, We can, but only after giving You seven days written notice of our intention to terminate this contract, accept Your termination of this contract or terminate the contract ourselves and thereafter We shall be entitled to issue You with an invoice for the amount due had the claim been successful and the lost monies received by Us. Any such invoice must be paid by you within seven days and any costs incurred by Us in Refunding our fees including legal costs are payable by the Account Owner / Account Owner’s Agent.

We cannot warrant the accuracy or completeness of any information provided by any third party which We provide to you. In providing you with information regarding monies possibly due to You, we have relied entirely upon information provided by a Government agency.

This Agreement and Authority to Act constitutes the entire agreement between the parties. Execution of this Agreement and Authority to Act is deemed to be acceptance of all the terms and conditions of the agreement.

The Agreement and Authority to Act may be signed in any number of counterparts which, when taken together, will constitute one instrument.

**Limitation of Liability**, you acknowledge that usage of any of our Services is at your own risk. We exclude all implied conditions and warranties except for your Rights, to the extent allowable by law, we accept no liability for your failure or inability or delay in providing any documentation, information or relevant forms.

We accept no liability for delays experienced due to government processing periods.

**Dispute or Termination**: In the instance of a dispute regarding the terms of this agreement, or any of our services delivered to you – the parties agree that informal dispute resolution techniques must be first utilised (such as informal mediation followed by formal mediation) prior to any party commencing legal proceedings in a court or tribunal. This agreement will be governed by the laws of the state of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of South Australia.