Pay24 Terms and Conditions
Important things you should know
IMPORTANT: You should read these Terms and Conditions (“Agreement”) carefully before you use Pay24.
|Important information||What does this mean?|
|You are responsible for the security of your PIN and Device.||
− represents your birth date;
− represents a recognisable part of your name; or
− is the same PIN as that used for your Credit Card.
|Your Credit Card is only ever stored on your Device encrypted by your PIN and never stored by Pay24.||
|You should IMMEDIATELY tell your financial institution if you believe your account may be compromised.||
− Your PIN or mobile device has been lost or stolen;
− That an electronic fund transfer has been made without your permission; or
− If the statement from your financial institution shows transfers that you did not make.
|You are authorising Pay24 to act as your Agent to access your biller or Payee Account Information||
|Notifications may be delayed or prevented||
|Payments may be delayed or may not be able to be processed||
This Agreement takes effect on and from 16 March 2013, and replaces all Pay24 Terms and Conditions previously issued. By using the Pay24 Application (this “Application”), or selecting the applicable “I agree” button you signify your agreement with these terms and conditions and you agree to be bound by this Agreement. If you access the Application then you will be taken to have read, understood and accepted this Agreement.
This Agreement may be updated by us from time-to-time. You can review the most current version of the agreement online at any time at www.Pay24.com.au/security/terms_and_conditions. You agree that your use of the Application will always be subject to the most current version of the Terms and Conditions.
You may not accept this Agreement and you may not use the Application if you are not at least 18 years of age, or of a legal age to form a binding contract with Pay24. If you accept this Agreement, you represent that you have the capacity to be bound by them.
Depending on the Services you use when using the Application, you may be required to agree to additional terms and conditions.
The term “Device” or “Site” includes all devices or applications and websites that we operate that link to this Agreement, pages within each such mobile device, device, application, website or equivalent, and pages that are associated with each such mobile device, device, application or website.
In this Agreement, the use of the word “including” to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
Contracting Parties & Jurisdiction
The contracting party is Pay24 Pty Ltd, ABN 73 163 021 476, (“Pay24”).
This Agreement shall be deemed and treated as though they were entered into, executed, and performed solely in Victoria, Australia and the laws of Australia.
How to Uninstall
To uninstall the Application, please use the application manager provided with your Device or consult your Device manual for instructions.
1 General Terms
1.1 Application Use
Pay24 grants you the right to use the Application only for your personal use on a Device that you own or control. You may not modify, copy, publish, license, sell or otherwise commercialise the Application or any information or software associated with the Application. You may not rent, lease or otherwise transfer rights to the Application. You may not use the Application in any manner that could impair any Pay24 Site in any way or interfere with any party’s use or enjoyment of any Pay24 Site. You must use the Application in compliance with all applicable laws.
You must comply with applicable third party terms of agreement when using the Application (e.g. your financial service provider, the party providing the app store from which you are downloading the Application and your wireless data service agreement). Your right to use the Application will terminate immediately if you violate any provision of this Agreement.
1.2 ePayments Code
We warrant that we will comply with the Australian Securities & Investment Commission ePayments Code where that code applies.
1.3 Term and Termination
This Agreement will be in effect from the date you first access the Application or a Site. You may terminate your account with Pay24 at any time. Pay24 may terminate or revise this Agreement at any time with or without notice. Termination shall affect your liability or obligations under this Agreement. In the event you or Pay24 terminate your account, any payments Pay24 have already processed before the requested termination date will be completed.
Pay24 may change this Agreement and Pay24 fees and charges from time to time. Any changes will take effect upon the expiration of thirty (30) days after notification. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of the Application after the thirty (30) day notice period constitutes your acceptance of any change.
1.4 Services Offered
Pay24 offers various functions through the Application (the “Services”), including:
a) an information management service; that allows you to access and track certain personal information on Devices from your third party accounts (“Information Management Service”); and
b) a payment service; that allows you to make payments to certain third parties (“Payment Service”).
To be eligible to use the Services, you must be a resident of the Australia.
In order to use the Information Management Service or the Payment Service, you will need to provide Pay24 with your account information (such as account usernames and passwords) and any information necessary for us to access your accounts with the third party service providers you choose (“Account Information”). You authorise Pay24 to:
a) use and store Account Information submitted by you to provide the Services to you; and
b) to use the Account Information to log into the third party sites (each, a “Third Party Site”) on your behalf as your agent, to access and retrieve information from the third party solely for the purpose of providing the Services to you.
You acknowledge that Pay24 is acting as your agent; and not as the agent of, or on behalf of, the third party that operates the third party site. The Services are not sponsored or endorsed by any third parties accessible through the Services.
1.5 Modifications to Sites or Services
Pay24 reserves the right at any time to:
a) Modify or discontinue, temporarily or permanently, the Sites or Services with or without notice; or
b) To change the Services, including applicable fees, in our sole discretion.
If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. You agree that Pay24 shall not be liable to you, or to any third party, for any modification, suspensions, or discontinuance of the Sites or Services.
1.6 Your Use of the Services
You represent that you are a legal owner of, and that you are authorised to provide us with, all Account Information and other information necessary to facilitate your use of the Services. In order to use the Services you must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites, and you may not misrepresent any Account Information.
Your access and use of the Application or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Pay24, in its sole discretion, may elect to take. In no event will Pay24 be liable to any party for any loss, cost, or damage that results from any period of downtime of the Application or Services.
1.7 Password and Security
If you register for Pay24 on a Device, you must select a PIN, or if you forget this password you may receive a temporary PIN (your “PIN”). You are responsible for maintaining the confidentiality of your PIN, including:
a) You must not write your PIN, or carry it or keep a record of it with any other part of your Device or on one article unless you have taken reasonable steps to disguise the code or prevent unauthorised access to the record.
b) You must not select a PIN that represents your birth date or a recognisable part of your name. If you do use an obvious code such as a name or date you may be liable for any losses that occur as a result of unauthorised use of the code before you notify us that the code has been misused or become known to someone else.
c) You must not tell or show the code to anyone else (including family and friends).
d) You must not act with extreme carelessness in failing to protect the security of the code.
e) In addition, you must comply with the security guidelines that apply to your Device.
We recommend that you:
a) Use care to prevent anyone seeing the details you enter to access Pay24;
b) Change your PIN at regular intervals;
c) Never reveal your PIN to anyone;
d) Never write any code down; and
e) That you exit from the Application at the end of each session and that you enable password-protection and other security features that may be made available on your Device.
Your Credit Card details are stored within the Application on your Device in an encrypted form using your Pay24 Application PIN. If you forget your PIN, your credit card details will be deleted from the Application and the Device.
If you believe that your PIN or Device that you use to access any Site has been lost or stolen, that someone is using your account without your permission, or that an Unauthorised Transfer has occurred, you must notify your financial institution in order to minimise your possible losses.
The guidelines contained in this section provide examples only of security measures and will not determine your liability for any losses resulting from unauthorised Pay24 payments. Liability for such payments will be determined in accordance with this Agreement and the ePayments Code.
How we use your information.
We use and disclose your personal information only as follows:
- to analyse Site usage and improve the services provided through the Sites (the “Services”);
- to deliver to you any administrative notices or alerts and communications relevant to your use of the Services;
- to fulfil your requests for certain products and Services;
- for market research, project planning, troubleshooting problems;
- detecting and protecting against errors, fraud, or other criminal activity;
Your privacy is not for sale: Pay24 will NEVER (now or in the future) share any personally identifiable information we collect from our users with any 3rd party unless required by law.
Pay24 is designed so that you are the only one who can access your account. You can delete any or all of your accounts at any time.
We limit the information we collect.
Pay24 may collect the following categories of personal information about you through the Sites:
- Registration Information: When you register for a Service, you will be asked for basic registration information, such as an email address and password.
- Credit Card details: For certain of our Services, including our Payment Service, you will be required to provide your credit card number, expiration date and, credit card security code if you wish to use your credit card to make payments through our Payment Service.
- Third party credentials: You may also enter in certain passwords, usernames, account numbers, and other account information for third party sites and Internet services (“Third Party Sites”).
- Information from Third Party Sites: In order to display information to you through a Service, we may collect, on your behalf, your account and other personal information from registered Third Party Sites.
- If you the Pay24 Application we may collect the IP address, unique identifier of the device, operating system version and app version for the purpose of providing you with our services.
- We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile apps or services.
We protect the information we collect.
We take the privacy of your personal information very seriously and have implemented the following security measures (among others):
- All your data is encrypted with a 256-bit encryption level and the data exchanged with Pay24 is encrypted with 128-bit SSL in order to create a highly protected connection between users and Pay24’s servers. We work to bring you a great service, with the peace of mind that your information will be protected.
- Your banking details are only ever stored on your Device and are protected by 256-bit encryption, your PIN and a unique algorithm for each individual device.
- Your passwords are never displayed after you enter them during the setup process.
- Your registered payee account details are verified before a payment can be made.
All credential information is highly encrypted and remains in a closed system which means no one, including our own employees can decrypt the password. Pay24 has the ability to save a password or delete it, but we can never read one.
How we use the information we collect:
We may use the information you provide about yourself and about your Third Party Sites to fulfil your requests for our products, programs, and Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you.
In connection with the Payment Service, we will use your Credit Card information to complete transactions you request via the Payment Service.
We may use your information to pre-fill form fields on the Sites for your convenience.
We may use or share your personal information as otherwise required by law.
We may aggregate and use your information for internal analysis such as analysing user behaviour for research and marketing purposes. Pay24 may also aggregate transaction data and disclose such data only in aggregate and in a non-personally identifiable manner to third parties for marketing and promotional purposes (e.g., how many users responded to a particular offer). Aggregated information does not identify you individually.
When you visit our Sites, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analysed to improve our web design and functionality.
When you use the mobile versions of our Sites, we may collect the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (the “Device ID”). Device IDs allow app developers to uniquely identify your device for purposes of storing application preferences and other data. We may use your Device ID for security purposes. For example, if you have activated a feature that limits access to a Service from a specific device, our systems will access the Device ID from each device you attempt to access the Service with to determine if the device is the specific authorised device. Additionally, we may use Device IDs to monitor suspicious activity. For example, if we detect that a single account on a Site is being accessed from multiple devices, as determined by tracking the Device IDs that access an account, we may contact the user to ensure that such access has been authorised by the user.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Pay24 will be treated as being non- confidential and non-proprietary, and Pay24 will be free to use such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating the information.
We use analytics software to allow us to better understand the functionality of our Applications on your Device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
Emails and Alters from which you may “Opt-Out”:
Pay24 provides users periodic alerts, notifications or other information via email or Device notifications. Users may elect to stop receiving such messages at their discretion. If you no longer wish to receive periodic email updates from Pay24, you may update your account preferences. You may also uninstall your account as described under Important things you should know section at the start of the Terms & Conditions and stop using the Sites and Services.
1.9 Consent to Receive Electronic Communications
You consent to receive communications via email and Device notification regarding the Services.
You understand that certain categories of information (“Communications”) may be provided by Pay24 to you by electronic means (i.e., by posting the information on the Application, a Site, or by email). The categories of Communications that may be provided by electronic means include:
a) This Agreement and any amendments, modifications, or supplements.
b) Records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations.
c) Disclosures or notices provided in connection with the Services, including any required by law.
d) Any customer service communications, including communications with respect to claims of error or unauthorised use of the Sites or Services.
e) Any other communication related to the Sites or Services.
If you wish to withdraw your consent to have Communications provided electronically, you must uninstall your account as described under Important things you should know section at the start of this Agreement and stop using the Sites and Services.
1.10 Disclaimer of Representations and Warranties
The Application and the service(s) accessed by it are provided “as is” and “as available”. Pay24 expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Application. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware Device(s) or loss of data that results from the download or use of the Application.
Pay24 makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, completeness, or continued availability of the content on the sites or the services, and expressly disclaims any warranties of merchantability, non-infringement, or fitness for a particular purpose. Pay24 makes no representation, warranty, or guarantee that the content that may be available through the sites or services is free of bugs, defects, or errors, or infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information.
Pay24 does not assume any responsibility for the timeliness, accuracy, non-delivery, deletion, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand that alerts provided to you through the Services may be delayed or prevented by a variety of factors. Pay24 makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Pay24 shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
1.11 Limitation of Liability
Except as otherwise stated in this Agreement, Pay24 is not liable to you for any harm resulting from (a) any use; or (b) misuse of the Application. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if Pay24 has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Application, from inability to use the Application, or from the interruption, suspension, or termination of the Application (including any damages incurred by third parties).
Pay24 will be liable for losses incurred by the account user that:
a) are caused by the fraudulent or negligent conduct of Pay24’s employees or agents or companies involved in networking arrangements or of merchants or their agents or employees; or
b) relate to any forged, faulty, expired or cancelled part of the electronic access process.
Notwithstanding any of the above provisions your liability will not exceed your liability under the ePayments Code.
1.12 Intellectual Property
Pay24 owns, or is the licensee to, all right, title and interest in and to the Application and Sites, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in the Application may be trademarks of their respective companies.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Application and you will not remove, obscure or alter Pay24’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Application.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Pay24 will be treated as being non-confidential and non-proprietary, and Pay24 will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. Any submission to a Site shall be deemed and remain the property of Pay24.
All non-Pay24 product and service marks contained on or associated with the Sites are the trademarks of their respective owners. References to any names, marks, products, or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Pay24’s endorsement, sponsorship or recommendation of the third party, information, product, or service.
1.13 Third Party Beneficiary
Your mobile OS is a third party beneficiary of this Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
2 Specific Terms: Payment Service
2.1 Payee Information and Authority
By initiating a payment through the Payment Service, you authorise us to charge your nominated credit card (the “Credit Card details”). You represent and warrant that you have the right to authorise us to charge the Credit Card for payments you initiate using the Payment Service. You will indemnify and hold Pay24 harmless from any claims by any other owner of the account.
You are responsible for confirming the accuracy of the information you provide about each payment you send, including the account number of the recipient (the “Payee”), and the amount of the transaction.
2.2 Limits on Payees, Payment Amounts and Methods
You acknowledge that certain Payees may not accept payment from all types of credit cards and that we may otherwise limit the payment methods available for a particular Payee. For example, you may not be permitted to use a credit card to make a mortgage payment. Additionally, we may, at our discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Payment Service. In no event will any user be permitted to use the Payment Service to make payments to Payees of more than $10,000 per calendar month in aggregate or $1,000 in a single transaction.
We may refuse to permit payment to any Payee if we reasonably believe such refusal is necessary or advisable for legal or security reasons.
We will make payments you request through the Payment Service either electronically, by charging your designated credit card or via other form of funds transfer that we may choose to employ.
Payments to Payees outside of Australia or its territories are prohibited through the Services.
2.3 Using Pay24 Payment Service
a) Pay24 can be used to make payments via the Application to certain payees to which you provide Account Information.
b) When you tell us to make a Pay24 payment you must confirm the Account Information, the amount to be paid and the Credit Card from which the amount is to be paid.
c) You acknowledge that we are not required to effect a Pay24 payment if you do not give us all the Account Information or if any of the information you give us is inaccurate.
d) We will debit the value of each Pay24 payment and any applicable fees to the Credit Card from which the relevant Pay24 payment is made.
e) If you instruct us to make any Pay24 payment, but close the Credit Card to be debited before the Pay24 payment is processed, you will remain liable for any dishonour fees incurred in respect of that Pay24 payment.
f) You acknowledge that third party organisations (such as Payees or other financial institutions associated with your Credit Card) may impose additional restrictions on your access to and use of Pay24.
2.4 Processing of Pay24 Payments
a) A Pay24 payment instruction is irrevocable. You cannot stop a Pay24 payment once you have instructed us to make it and we cannot reverse it.
b) We will treat your Pay24 payment instruction as valid if, when you give it to us, you use the correct PIN.
c) When you send a payment via the Payment Service, the Payee is not required to accept it. You agree that you will not hold Pay24 liable for any damages resulting from a Payee’s decision not to accept a payment made through the Payment Service.
d) Notwithstanding this, a delay may occur processing a Pay24 payment if:
- there is a public or bank holiday on the day after you instruct us to make the Pay24 payment;
- you tell us to make a Pay24 payment on a day which is not a banking business day or after the cut off time on a banking business day; or
e) if we are advised that your payment is not accepted by a Payee, we will advise you of this at the time of payment.
f) You must be careful to ensure you tell us the correct amount you wish to pay. If you make a Pay24 payment and later discover that:
- the amount you paid was greater than the amount you needed to pay, you must contact the Payee to obtain a refund of the excess; or
- the amount you paid was less than the amount you needed to pay, you can make another Pay24 payment for the difference between the amount you actually paid and the amount you needed to pay.
g) You acknowledge and agree that:
- we may refuse for any reason to give effect to any direction you give us in respect of a payment to be made via Pay24; and
- we are not liable to you or any other person for any loss or damage which you or that other person may suffer as a result of such refusal.
h) You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Pay24’s control, such as delays in handling and posting payments by Payees or financial institutions.
- When you send a payment to certain Payees, the payment may be treated as an authorisation to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending until the Payee processes your payment and your payment authorisation will remain valid for up to 30 days.
- To help ensure that there is enough time for the applicable Payee to receive any payments you submit through the Payment Service, you should submit payment instructions at least 3 business days prior to the due date for the payment. If the due date falls on a weekend or holiday, you must submit the payment sufficiently in advance to include an additional day for processing. It is solely your responsibility to submit payments so they arrive by the Payee’s due date.
2.5 Your Liability
You are solely liable for all transactions carried out via Pay24 by you, or by anybody carrying out a transaction with your consent, regardless of when the transaction is processed. You are solely liable for errors you make in using the Payment Service, including the following:
a) you direct Pay24 to submit a payment to a Payee from the wrong Credit Card;
a) you erroneously direct Pay24 to submit a payment to a Payee multiple times;
b) you direct Pay24 to submit the wrong amount to a Payee;
c) you direct Pay24 to submit a payment to the wrong Payee; or
d) you change your mind about making a payment to a Payee after directing Pay24 to submit the payment.
You are responsible for all fees, fines, penalties, and other liability incurred by Pay24, a Payee, you or a third party caused by or arising out of your breach of this Agreement and/or your use of the Payment Service. You agree to reimburse Pay24, a Payee or the applicable third party for any and all such liability.
Pay24 does not have control of, or liability for, the products or services that are paid for via the Payment Service.
You may liable for any loss of funds arising from unauthorised Pay24 payments if the loss occurs before you notify your financial institution that your PIN or Device has been misused, lost or stolen or used without your authorisation.
Notwithstanding any of the above provisions your liability will not exceed your liability under the ePayments Code.
2.6 Unauthorised Transactions or Errors
You should IMMEDIATELY tell the financial institution associated with your Credit Card if you believe:
a) Your PIN or mobile device has been lost or stolen;
b) That an electronic fund transfer has been made without your permission; or
c) If the statement from your financial institution associated with your Credit Card shows transfers that you did not make, including those made by card, code or other means.
If you believe that the security of your Credit Card information has been compromised, you should IMMEDIATELY contact your associated financial institution to cancel the card or account.
Telephoning is the best way of keeping your possible losses down. If you need to contact us regarding any of the above matters, please contact us using the method described under section 2.8 Notification Requirements and Procedures.
Your liability for an Unauthorised Transfer may be affected by the timeliness of your notice to us.
Errors or other Issues Regarding Payments
All payment transactions you submit through the Payment Service should appear on the statement issued by the bank or other financial institution where you have your applicable Credit Card. You should confirm all transactions you submit through the Payment Service against account statements you receive from your bank or other financial institution.
We will not send you a periodic statement listing transactions that you make using the Payment Service. The transactions will appear only on the statement issued by your bank or other financial institution and in the history of transactions in the Pay24 Application.
2.7 Notification Requirements and Procedures
If you need to contact please be prepared to provide:
a) Your name and contact number;
b) Device identification code that you used to register for the Payment Service;
c) Payee Account Information;
d) Credit Card number;
e) If possible, tell us the Pay24 reference ID for the transaction;
f) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
g) Tell us the date and dollar amount of the suspected error.
Please email these details to firstname.lastname@example.org
Last Modified: 1 January 2013
© 2013 Pay24 Pty Ltd