Terms of use

1. The following Terms of Use (referred to as Terms) contains the terms on which you are eligible to use our services. These Terms apply to all visitors, guests, subscribers, customers, clients, authorised users and any other persons who access our sites and App. 
2. In these Terms “App” refers to a computer software application developed by us called “Mumba” or “Mumba Cloud" (or in the cases where the App has been white-labelled by the License Holder it may be known by a different name), and the services supplied using the App. Unless the context requires otherwise, a reference to the “App” includes all modifications, enhancements or updates (including new versions and renamed versions), and includes all associated documentation and instructions relating to it.
3. The App, owned by Mumba Pty Ltd ABN 42 120 506 872 and its related bodies corporate (referred to as Mumba, Mumba Cloud, we, our or us in these Terms), is provided on the condition set out in these Terms. These are our Terms in respect of any use of the App by any users (referred to as you or your in these Terms).
4. These Terms apply regardless of how you access the App (whether via an Internet browser, desktop application, phone, tablet or any other device), including the use of any services provided through this App. Please read these Terms carefully before accessing or using the App. By downloading or otherwise using or accessing the App you agree to be bound by the Terms.
5. License Holder refers to the company or entity that has a License Agreement with Mumba allowing the License Holder to use and you to access the App. The License Holder may be your employer, contractor or the entity that pays your wages, fees or provides other such remuneration (or arranges your volunteering activities without remuneration in the case of volunteering). The License Agreement the relationship between Mumba and the License Holder and forms the basis for your authorized access to the App. If there is a conflict in terms between the License Agreement and these Terms then Mumba may give you notice of that conflict and specify requirements in accordance with the License Agreement, with which you must comply as if that notice was set out in these Terms.
6. Your use of the App may also be subject to the License Holder's terms and these Terms are to be read in conjunction with any terms imposed by the License Holder, however these Terms prevail in respect of your use of the App to the extent of any inconsistency.

Use of this App and your account

7. To the extent permitted by the License Agreement or as otherwise agreed with the License Holder, Mumba may modify these Terms at any time, and such modifications will be effective as soon as Mumba provides a notification through the App or updates the Terms on its website. You are bound by such modification by continuing to use the App after the Terms have been modified. A copy of our current Terms of the App is available through the App and displayed on Mumba’s website at all times.
8. Your use of the App signifies that you accept and are bound by these Terms.
9. Mumba may, to the extent permitted by the License Agreement, change or discontinue any features or services on the App in part or in whole at any time or from time to time. As a user of the App, you are not entitled to any remedy as a result of any such change.
10. There may be times where third party goods, services and access to other third party software providers are provided (and sometimes promoted) within the App and in these circumstances, that third party is solely responsible for those goods, services or software.
11. Mumba reserves the right, subject to any limitations contained in the License Agreement, to do any of the following in relation to your use of the App:
    • Suspend your use of the App.
    • Permanently or temporarily prevent your access to the App.
    • If you breach these Terms, immediately suspend or terminate your use of this App and, at Mumba’s option and depending on the circumstance, take any appropriate action against you.
12. By agreeing to being bound by these Terms, you represent and warrant that you are at least 18 years of age, or if you are entering into these Terms on behalf of any person under 18, that you are that person’s parent or legal guardian. You must inform any persons under 18 about these Terms and their obligation to comply with them.
13. In order to use the App, you must create an account (and set a password for use of the App in accordance with any instructions on the App and in accordance with the License Holder’s security policies). The License Holder may have already created your account and in this situation, you must use the username and password provided by the License Holder.
14. Security of your information is of paramount importance and you must protect and maintain confidentiality of your username and password. So that we can best protect your information, you must immediately notify Mumba of any unauthorised use of your password or account, or any breach of security that may adversely impact your use of the App. You are responsible for protecting your password and restricting access to your computer, tablet, mobile phone or other device and you accept all responsibility for all activities that occur under your account. Mumba has no liability for any loss or damage (including for unauthorized access to your account) where you fail to meet these obligations.
15. You acknowledge you are responsible for the accuracy and completeness of any information provided and keeping that information up to date. There may be times where we require further verification or information and, in these instances, you must provide such verification or information before the relevant services can be supplied.
16. In order to ensure appropriate use of the App, you must not do (or attempt to do) any of the following when using the App:
    • Infiltrating or compromising the App’s security or the security of any other user, or bypassing the App’s security or registration.
    • Executing any application, software or technique to place undue load on Mumba’s server, database infrastructure or software for any purpose.
    • Uploading viruses, worms, malware or any other form of file or code that contains malicious or harmful content.
    • Intercepting any other user’s data or passwords.
    • Taking any action to disrupt the normal workings of the App.

Intellectual Property

17. All intellectual property in relation to the App and promotional offers including employee benefit content belongs to or is licensed to Mumba, its affiliates, the License Holder or other third parties. You obtain no interest in that intellectual property (and you must not attempt to use any such intellectual property rights including by resale of the service or the App). All content on this App may be protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
18. All rights not expressly granted under these Terms are reserved by Mumba. Unless expressly stated otherwise or as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, or republish anything on the App without the copyright or trade mark owners’ permission.
19. The Mumba name, the Mumba logo, and identifiers of Mumba are registered trade marks or other intellectual property of Mumba or its related bodies corporate. Other trade marks may be displayed on the App from time to time and these may belong to third parties. Nothing on the App grants or should be interpreted as granting you any license or right of use of any logo or trade mark displayed on the App without the express written permission of the relevant owner.
20. You must not frame or use any framing techniques to enclose any other trade mark, logo or other proprietary information (including images, text, page layouts or forms) as part of the App or the services without Mumba’s prior written consent. You must not use any meta tags or any other hidden text using Mumba’s name or trade mark without Mumba’s prior written consent.

Liability & Indemnity

21. Mumba does not exclude any rights, remedies, guarantees, conditions or warranties in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Mumba excludes all other rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the App whether based in statute, common law or otherwise, to the extent permitted by law. To the fullest extent possible:
    • Mumba does not warrant the accuracy of the content on the App. Any content is provided to you “as is” and on an “as available” basis and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the App may be changed at our sole discretion and without notice.
    • Mumba has no responsibility or liability in relation to any loss or damage that you incur, including loss of profits, interruption of business, loss of data on your information handling system or other damage to your software or hardware, arising from your use of or access to this App, except as set out in these Terms.
22. Mumba does not warrant that functions contained in the App content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Mumba or the server that makes it available, are free from viruses or bugs.
23. Mumba does not warrant any outcomes from your use of the App and you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the App or the content or material on or accessible through the App.
24. You should take appropriate action to ensure that your access to, and use of this App and other websites or apps is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.
25. To the extent permitted by law, Mumba’s total liability for any breach of a term or condition implied by law is limited at Mumba’s discretion:
    • if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods: or
    • if the breach relates to services, resupplying, or paying the cost of resupplying, those services.
26. You indemnify Mumba and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the App.

Third Party Content & Links

27. This App may include third party content which is subject to that third party's terms and conditions of use. Nothing on this App should be construed as granting any license or right for you to use that content.
28. This App may include links to third party apps, websites and promotional offers including employee benefit content which are not related to Mumba and in relation to which Mumba has no control or interest. Except to the extent otherwise specified, the appearance of those links or promotional offers on this App does not indicate any relationship between Mumba and that third party or any endorsement by Mumba of that third party, or the products or services which appears on this App.
29. Where we refer you to any third party, we will assist you to provide relevant information to them and we will provide separate disclosure of any remuneration that we receive in respect of that referral.
30. Any comments or submissions made on this App by users of the App (including blogs, articles, pictures, videos, live chat and forums), (Third Party Content) are solely the comments of those persons and do not represent the views of and are not endorsed by Mumba. When posting Third Party Content on this App, you warrant that you created or otherwise have all necessary intellectual property rights to publish the Third Party Content, you indemnify Mumba in respect of any claims from the publication of Third Party Content, and you must provide true and correct name and contact details. You must not impersonate anyone or mislead anyone as to the source of the comments.
31. If you make any suggestions for improvement or ideas regarding the App (User Feedback), you grant Mumba an irrevocable, royalty free, perpetual license to use and adapt the User Feedback, without any requirement to pay you for the User Feedback.

General

32. You must not use this App for any purpose or in any way which is unlawful. As such, you must not attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App. You must not modify, adapt, translate or reverse engineer any part of the App or re-format any portion of the pages comprising the App, except to the extent expressly permitted by these Terms or by law.
33. These Terms are governed by and interpreted in accordance with the laws of New South Wales. By using the App, you submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
34. If any part of these Terms is unenforceable, this will not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.
35. The benefit of these Terms may not be dealt with in any manner by you (whether by assignment, novation, sub-license or otherwise) without our written consent. We may assign, novate, sub-license or otherwise transfer our rights in respect of these Terms without your consent.
36. Subject to any contrary provision in the License Agreement with the License Holder, we may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these Terms, will end and you must stop using the App and delete it from your device.
37. In these Terms, except to the extent the context requires otherwise, clause and subclause headings are for reference only and do not affect the interpretation of these Terms, singular includes the plural and vice versa, words denoting any gender include all genders, reference to a person includes any other entity recognised by law (and vice versa), references to the words 'include' or 'including' are to be interpreted without limitation, and an agreement, representation or warranty on the part of two or more persons binds them and is for the benefit of them jointly and severally.

Privacy

38. As the App is for purposes of your employment of engagement with the License Holder, you are not able to deal anonymously with the App. The Mumba Privacy Policy forms part of these Terms. Please read and familiarise yourself with the Privacy Policy.
39. In order for various App features and functions to operate; to ensure, when approved by the License Holder, that any employee benefit offerings are appropriate for you; and to collect and provide other various statistics to the License Holder, you agree that we may access, collect, store and use personal information about you (which may include your name, email address, physical address, job description, job title, date of birth, length of employment, salary information and employment status), as well as information about your access to the App (including the IP address used to connect your device to the internet, details of the type of device you use, any unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, browser type and version, browser plug-in types and versions, operating system and platform), and any details of your current location which you may choose to share. Please note that how Mumba uses your personal information is covered in detail within our Privacy Policy (to be read in conjunction with these Terms).
40. We will not provide to any third party any personal information about you except as expressly or impliedly permitted under these Terms, as separately agreed to by you on a case by case basis or as otherwise permitted or required by law.
41. We may make your details or information obtained from you available to third parties for referrals, promotional material and providing employee benefit content within the App where you and/or the License Holder have opted into accessing these third party offers.
42. Where you are required to pay to purchase goods or services from us, we will also collect financial information such as credit card information which we may share with financial institutions in order to process your payment.

Mumba Translation Services Disclaimer

43. Translations of pages on Mumba are performed by an external automated translation service provider (currently Google Translate, however this may change from time to time) (“AutoTranslate”). AutoTranslate is an online language translation service that can translate text and web pages into different languages.
44. Computerised translations from one language to another is a literal translation that may not represent the accurate content of the page being viewed. Whenever AutoTranslate generates a translation, it uses references from various documents to literally translate the words into the most common used term, which may or may not be the way the content is typically spoken or written in a chosen language. By detecting patterns in documents that have already been translated by human translators, AutoTranslate makes a best guess as to what a similar translation could be. The translation should not be considered exact and in some cases may include incorrect, misleading or offensive language.
45. Mumba does not warrant the accuracy, reliability or timeliness of any information translated on its website and applications. In addition, some applications, files or items cannot be translated including graphs, photos or portable document formats (PDFs).
46. Mumba assumes no liability for any errors, omissions, or ambiguities in the translations provided, regardless of how they were generated. Any person or entity that creates, reads or relies on translated information obtained from Mumba does so at his or her own risk. When a translation is complete, the person or entity that created, read, relied on or views the translation assumes the risk of any inaccuracies, errors or other problems encountered. In the case where there are any inconsistencies between the original content and the translation of that content, the content in the original language publication prevails.
47. Mumba is not responsible for any damage or issues that may possibly result from using AutoTranslate or any other translation services. Mumba shall not be liable for any losses caused by reliance on the accuracy or reliability of any translated information. If you would like to report a translation error or inaccuracy, we encourage you to please contact your employer.

Contact Us

You can contact us via our support desk: https://help.mumba.cloud or via our contact us page.

Deleting your Mumba user account

If you would like to delete your Mumba user account, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. with your name, employee ID and the name of the company you work for. Please note that depending on your work situation, you may need to contact your employer directly to delete your Mumba account.