Website Terms and Conditions

1.       GENERAL
1.1.  The following terms and conditions, notices and disclaimers, in addition to other terms and conditions, notices and disclaimers found elsewhere on the website www.iPayd.com or any other domains owned by Us and relevant to the Services (“Website” or “iPayd”), collectively referred to as the “Terms”, apply to and govern Your Use of the Services, as made available by Us. 

1.2.  The Terms govern the relationship between the User and Us.

1.3.  Our Website and all communications including marketing will be written and communicated in the English language. It is the responsibility of Users to understand the English language. Where You require interpretation to or from the English language to read, understand and agree to the Terms or to Use the Services, You are and will be responsible for Your own costs in this regard and agree that You will not seek to on charge any such costs to Us.  

1.4.  The Services are offered to You on condition that You have read, understood and agree to be bound by and comply with the Terms. Your Use of the Services is conditional upon You agreeing to the Terms. In agreeing to the Terms, You also agree to comply with the Law in respect of Your Use of the Services. If You do not agree with the Terms, Your only recourse is to not Use the Services. 

1.5.  In agreeing to the Terms, You acknowledge that You have exercised Your independent judgement and that You have not relied on any representation made by Us which has not been expressly stated in the Terms. Further, You acknowledge and agree that You satisfy all eligibility requirements to register as a User of iPayd and Use the Services. 

1.6.  We may revise the Terms at any time for any reason. The most current version of the Terms can be found on the Website. If there vision is, in Our opinion, material, We may notify You. By continuing to Use the Services after any revision is effective, You agree to be bound by the revised Terms. You should review the Terms periodically before continuing to Use the Services.  

1.7.  As part of Using the Services, You may be transferred to a third party service or website, in which case, by using that third party service or website, You are acknowledging and agreeing to that third party’s terms and conditions, notices and disclaimers. We are not responsible or liable for third party services or websites. Where You have an issue with a third party service or website, please communicate with the relevant third party directly.  

1.8.  You are solely responsible for ensuring that Your Use of the Services does not cause You to exceed any data usage quotas or other limitations that may apply to Your internet service or other services. 

1.9.  We do not guarantee data or payment transmission over the Internet as being totally secure or reliable. Notwithstanding this, We strive to protect Your Material and iPayd Transactions. You are responsible for taking the appropriate actions to protect Your Device from risk of viruses, and other forms of interference that may adversely impact Your Device or Your ability to Use the Services. We are not and will not be responsible for any interference or damage caused to Your Device which results from, or in connection with, Your Use of the Services or otherwise.  

1.10.  You are liable for any breach of the Terms.  

1.11.  We are not liable for any loss or damage caused by You or Your failure to comply with the Terms.

2.      References
2.1.  Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular and a reference to one gender shall include a reference to the other gender. 

2.2.  A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. 

2.3.  A reference to a holding company or a subsidiary means a holding company or a subsidiary respectively (as the case may be), as defined in the Corporations Act 2001 (Cth). 

2.4.  A reference to any party shall include that party's successors and Permitted Assigns. 

2.5.   A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision. 

2.6.  A reference to writing or written includes hardcopy and electronic records. 

2.7.  Any words following the terms including, include, for example or any other similar expression are illustrative in nature and do not limit the nature, meaning or intention of the relevant Term. 

3.      Definitions
3.1.  Please find below a list of terms that are mentioned throughout this document and their respective meanings. Terms that are not defined below take the meaning intended per their context in this document or as outlined in English dictionaries.

Account means an iPayd User profile.
Bank means the financial institution (including a building society and credit union) that You bank with, in relation to the Deposited Funds or receiving payment for Goods sold.
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia, between the hours or 9am and 5pm AEST.
Buyer means a User who is purchasing something from a Seller and processing the transaction as an iPayd Transaction.
Complaint means a complaint that You make to Us about the Website or Our complaints resolution process.
Deposited Funds means all funds deposited into an iPayd Vault including funds owed for the underlying transaction, Items, Fees and overpayments.
Device means the device on which You Use the Services, whether they are owned or leased by or otherwise licenced to You or another Person.
Dispute means an issue between Users requiring resolution.
Fees means charges charged to Users or deducted from Deposited Funds, for anything in connection with Using the Services including processing an iPayd Transaction, purchasing a Good or an Item (or both), making overpayments and Disputes. Such charges are variable and are disclosed to the Users at the time of instigating and accepting an iPayd Transaction, as part of purchasing Items or as part of other communications or actions. Fees are subject to change from time to time at Our sole and absolute discretion without liability to You.
Goods means the property or thing that You are proposing to transact or transacting via an iPayd Transaction.
Intellectual Property Rights means the intellectual property rights that relate to or is connected with the Services that belong to Us and are rights or title, in or to, all patents, utility models, inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and logos, domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual or property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“IPR”).
Investigation an inquiry or investigation into one or more Users’ level of non-compliance with the Terms or Law (upcoming, commencing or ongoing), by Us or a third party whether We are assisting, facilitating or leading the Investigation.
iPayd Entities means Us and Our Suppliers.
iPayd P/L means iPayd Pty Ltd, ABN 12 649 359 491.
iPayd Transaction means a transaction (i.e. purchases and sales) between Users processed Using iPayd.
iPayd Vault means the bank account nominated by iPayd P/L that You are required to pay into where You are transacting as a Buyer via iPayd.
Items means additional services, products or goods which are purchased by Users from Us or third parties from or via the Website. Items are additional to the underlying transaction of buying or selling something from or to another User.
Law means any applicable authoritative rule or licence including any governing legislation, regulation, order or notice of a court or tribunal, or any rule of a governing authority or regulatory body including, but not limited to, an ombudsman and a stock exchange local or otherwise.
Material includes any information (including personal information), text, graphics, photos, videos or other materials that You Upload or that You provide to Us or a third party, or that We collect in connection with You Using the Services.
Offer means the proposed iPayd Transaction of the Buyer or the Seller to the other party to the transaction.
Person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's successors and Permitted Assigns.
Permitted Assigns means Persons who are authorised by written authorisation of another Person to act or perform services for or on behalf of that other Person.
PPSR means Personal Property Security Register on which Persons can request checks on whether a vehicle or other asset has any security interests attached to it, or whether it is free from debt or other things that could put a Buyer’s funds at risk.
Seller means a User who is selling something to a Purchaser and processing the transaction as an iPayd Transaction.
Services means the Website and the services, applications and resources made available by iPayd P/L, of which all right, title, and interest in and to Services, including IPR, are and will remain the exclusive property of iPayd P/L.
Software means the software application/s to which the Terms apply including iPayd.
Suppliers means the parties from which We receive goods or services (or both).
Term means the period of time during which You are granted a licence to Use the Services until such time when that licence is suspended, cancelled or revoked for whatever reason (including if the Services are unavailable for reasons within or out of our control), at Our sole discretion and without notice or liability to You.
Use includes Your perusal of the Website, Your registration to and deregistration from the Services, Your access to the Services and Your use of the Services (which may include access to and use of various notifications including email notifications, SMS, applications, buttons, and widgets).
Upload includes the actions of uploading, submitting, downloading, displaying, emailing, SMSing, notifying, alerting, inviting, deleting, saving or otherwise treating, processing or distributing information in any other way (collectively referred to as “Upload”)
User is You, the individual who Uses the Services.
We, Us, Our means iPayd P/L, and iPayd P/L’s Licensors, related bodies corporate, affiliates, successors and Permitted Assigns, iPayd P/L’s officers, directors, employees, business partners, agents and representatives.
You, Your means the User of the Services. 

4.       SERVICES – ABOUT
4.1.  iPayd provides Buyers and Sellers with an internet-based transaction management service which involves a secure way of transacting their purchases and sales, by processing payments via secure iPayd Vaults and only releasing funds to the Seller upon satisfaction of all conditions applicable to the relevant iPayd Transaction, which will be outlined as part of each transaction, or to the Buyer or the Seller in other limited circumstances.

4.2. Your registration to Use the Services must be approved by Us and Your identity verified by Us or You cannot Use the Services. If We are unable to verify Your identity, You are not permitted to Use the Services.

4.3. As part of Using the Services, You can:
       (a) initiate an iPayd Transaction by notifying the other party (if they are already a User of iPayd) or              inviting the other party to Your Offer of sale or purchase to Use iPayd to process the iPayd             Transaction;    
       (b) communicate with other party to the iPayd Transaction;
       (c) negotiate the Fees attached to the iPayd Transaction such that either party pays the Fees entirely or              the parties share the Fees equally;
      (d) accept or reject an iPayd Transaction;
       (e) Upload Material;
       (f) track the status of an iPayd Transaction and renegotiate if required; and
       (g) book or purchase additional Items including PPSR checks.  

5.       REGISTRATION
5.1.  You must register Your details to Use iPayd as Your transaction management service.  

5.2.  You are responsible for ensuring that the information that You submit to the Services as part of the registration process is true, current and correct. 

5.3.  To register to Use the Services, You must:
       (a) be at least 18 years of age;
       (b) have a current Australian residential address;
       (c) have the capacity to enter into a legally binding agreement with iPayd P/L;
       (d) have a valid Australian Driver’s Licence or Passport;
       (e) have a valid mobile telephone number; and
       (f) have an active Bank account in Your name.  

5.4.  If We accept Your registration and create You an Account, Your Account will be active. You must then complete full verification in order to send, accept or update an Offer. You may only apply to register one iPayd Account. You can only Use iPayd as Your transaction management service after Your Account is activated and You have been verified.  

5.5.  Your Account is not transferrable, You are not permitted to allow another individual to Use Your Account and You are not permitted to sell Your Account. You acknowledge and agree that You cannot assign, novate or otherwise transfer any of Your rights or obligations under the Terms. 

6.       THIRD PARTY ADVERTISING, LINKS AND PURCHASES
6.1.  If while Using the Services, You click on something that takes You to a third party website, You acknowledge and agree that We are not responsible for the contents, availability or operation of that third party website or anything within it including hyperlinks and attachments. Where We provide access to third party websites, We do so for Your convenience and Us doing this, does not imply an endorsement of that third party’s website by Us. Where You connect to third party websites via the Services, You do so at Your sole discretion and at Your own risk. We recommend that You make Your own assessment of the terms, conditions and policies of third parties prior to accessing, using, purchasing or receiving their offerings.  

6.2.  You acknowledge and agree that the Services may contain third party advertisements. The inclusion of such advertisements does not imply that We endorse or recommend the goods or services of the relevant advertisers or their websites. You are referred to their website for You to make a decision at Your sole discretion as to whether You wish to purchase goods or services from third party websites. We are not responsible for, and to the extent permitted by Law are released from all liability for, or in connection with any interaction between You and third parties (including purchases).  

6.3.  Advertisers that advertise on the Services must ensure that their advertising complies with all Law as well as standards and behaviour considered acceptable by the relevant community. Therefore, advertising must not contain false, misleading, or deceptive claims or content. Advertising must not constitute, facilitate or promote illegal activity. Further, advertising must not include content that violates the rights of a third party. Advertising must clearly represent the thing that it is advertising. For example, where the advertising is promoting a product, it must clearly identify the product.  

6.4.  Advertising must not imply that it is endorsed, supported, or promoted by Us or that it is in Partnership with Us, unless it has Our expressed written permission to do so. Advertising may only make reference to Us for the purpose of identifying the destination of the advertisement.  

6.5.  Advertising must not use Our copyrights or trademarks including Our logo, except where it has Our expressed written permission to do so.  

6.6.  We reserve the right to, in Our sole discretion and for any reason, accept, approve, reject or remove advertising that We deem to be inappropriate, without prior notification or liability to You or the relevant advertiser. 

7.      INFORMATION SECURITY AND PUBLICLY AVAILABLEINFORMATION
7.1.  Please be mindful of the inherent risks in transmitting information over the Internet. There is a possibility that the Material that You provide to or via the Services could be accessed by a third party while in transit. You should make Your own assessment of the possible security risks and address them accordingly when deciding whether You should Use the Services.  

7.2.  We will take reasonable steps to hold all hard copy and electronic records of Your information securely to limit the risk of exposure to unauthorised parties. However, there is the possibility that, despite Our reasonable efforts, Your personal information may be subject to unauthorised access, and You understand and agree that You assume this risk. 

7.3.  We will delete Your Material once it is no longer needed by Us or required to be kept by Law. 

7.4.  In certain circumstances, You may provide Us with information that is publicly available (For example, a username or profile image). You acknowledge and irrevocably consent that if You provide Us with publicly available information or imagery, that such information and imagery (personal or otherwise) can be made publicly available by Us. 

8.      COLLECTION OF MATERIAL
8.1.  We will only collect Your Material where it is reasonably necessary to do so in conducting Our business. As such, We will collect information including Your name, email address, geographical location and any other information required to:
        (a) verify Your identity and other details;
        (b) provide You with the Services or an Item;
        (c) share promotional, marketing or other communications with You; or
        (d) assist with, facilitate or lead an Investigation.  

9.      SERVICES MAY CHANGE OR CEASE
9.1.  We may seek to improve the Services and as such, the Services may change or cease temporarily or permanently without prior notice or liability to You. However, where possible, We may notify You in advance (by way of a notification or email to the email address associated with Your Account) in an attempt to limit the inconvenience caused to You.  

9.2.  We may add, remove, modify or otherwise alter the features of the Services, at Our sole discretion and for any reason, and such changes to the Services are not a breach of these Terms. 

10.  COOKIES
10.1.  Cookies are small pieces of information that are issued and captured when Your Device is used to access online content. By Using the Services, You acknowledge and agree that We may issue and collect cookies to and from Your Device. Our Privacy Policy outlines how We use cookies. You can disable cookies on Your browser or Device, but if You do, You may not enjoy the full experience of all the Services has to offer. 

11.  COPYRIGHT
11.1.  We respect the intellectual property rights of others and We expect the same respect of You. We will respond to notices of alleged copyright infringement, however if You believe that Your Material has been subject to a copyright infringement, We recommend that You seek Your own independent professional legal advice. 

12.  SPAM AND ABUSE
12.1.  We aim to protect Our Users from spam and abuse. Where technical or User abuse is identified on the Services, We reserve the right to suspend or terminate the relevant User Account. Without limiting the circumstances, any Account that is found to be attempting to engage or is engaging in the activities specified below will be subject to permanent suspension or termination:
          (a) creating additional Accounts for the purpose of being fraudulent, disruptive or otherwise                 inappropriate or illegal;
          (b) buying or selling iPayd usernames;
          (c) Uploading inappropriate Material or links to inappropriate Material that is intended to damage or                 disrupt another User’s browser or computer or to jeopardise a User’s privacy; or
          (d) Using the Services to distribute inappropriate Material including spam, obscene or pornographic                 Material. 

13.  OUR RIGHTS
13.1.  All right, title and interest in and to the Services (excluding Material provided by Users) are and will remain the exclusive property of iPayd P/L. The Services are protected by copyright and other Law. You do not have the right to use iPayd’s or Our name or any of iPayd’s or Our trademarks, logos, domain names, and other distinctive brand features. Further, You do not have the right to use any name, trademark, logo or other distinctive brand feature of a third party, that iPayd P/L is authorised to use as part of making the Services available.  

13.2.  You may provide feedback about the Services via the Services. You acknowledge that any feedback, comments, or suggestions that You provide via the Services is entirely voluntary and We may use such information for any purpose at Our discretion and for any reason without prior notice or liability to You.  

13.3. You acknowledge that the Services are protected by copyright and may also be protected by other forms of IPR owned by iPayd P/L. You acknowledge that by accepting the Terms, no IPR of iPayd P/L will transfer to You. You agree that nothing on the Services will be construed as granting any licence or right to use iPayd P/L’s IPR including its logo. You will not undertake, facilitate, encourage or support any acts that infringe upon or attempt to infringe upon iPayd P/L’s IPR. Further, You agree that You will not copy the Services or any part of the Services for any reason.

13.4.  By providing Material to Us or other Users via the Services, You grant Us a worldwide, irrevocable, non-exclusive, royalty-free licence, fully transferable and sub-licensable licence to use, exploit or modify such Material in any way and for any purpose, including to provide it to third parties (subject to the Terms) without prior notice or liability to You.  

13.5.  You acknowledge that We may change Your Material to ensure that it complies with the requirements or limitations of any networks, devices or media, or to ensure that it transmits or displays correctly over computer networks and on devices.   

13.6.  We reserve the right at all times (but We are not obliged) to suspend or terminate User Accounts at Our sole discretion and for any reason without notice or liability to You. 

13.7.  We reserve the right to access, read, save, use and disclose any Material for any of the reasons outlined below at Our sole discretion in order to:
          (a) comply with Law or certain standards, or cooperate with Law enforcement officers or government                 requests;
         (b) enforce the Terms, including in situations where potential or suspected infringement of the Terms                 warrants Investigation;
          (c) detect, prevent, address or combat fraud, technical, security or network issues;
          (d) respond to Users by way of help, feedback and other channels of communication; or
          (e) protect the privacy, rights, property, safety or reputation of Us and the Services, Users, Our Suppliers                 and members of the public. 

13.8.  We are not obliged to support the Services including providing any hosting, telecommunication, internet or other services in relation to Your Use of the Services. However, We may support the Services at Our sole discretion by way of, for example, providing assistance to Users, error-correction, modifications, updates, enhancements or otherwise.

13.9.  We reserve the right to assign, delegate, subcontract, novate or otherwise transfer any of Our rights or obligations under, arising out of, or in connection with the Terms (in whole or in part), at Our sole discretion at any time, for any reason and on one or more occasions without Your consent and without prior notice or liability to You.   

13.10.  You acknowledge that if You violate any of the Terms, We reserve the right to suspend or terminate Your Account without prior notice or liability to You. The Company also reserves the right to access Your Account without prior notice or liability to You, to comply with legal or regulatory obligations, or to cooperate with Law enforcement.  

13.11.  We reserve the right to limit Your Use of the Services at Our sole discretion and for any reason, at any time and without prior notice or liability to You.  

13.12.  We will cooperate with the authorities leading up to or during an Investigation and We reserve the right to remove Material or suspend or terminate Your Account/s at Our sole discretion and without prior notice or liability to You. 

14.  THINGS YOU MUST NOT DO WHILST USING OR ATTEMPTING TO USE THE SERVICES
14.1.  We may censor, change, remove or delete User Material in accordance with the Terms. As such, You must not do, or facilitate, encourage, support or fund (or contribute to funding) others to do, any of the actions outlined below whilst Using or attempting to Use the Services:
          (a) access, use, tamper with, probe, scan, test, adversely affect or destroy the public or non-public areas                 of the Services including Our computer or network systems, Our technical delivery systems, Our                 Website, servers, software, hardware, other equipment, any third-party software systems or services                 or anything else that We use, intend to use or deem necessary to deliver the Services;
          (b) breach or evade any security or authentication measures;
          (c) attempt to accessor search, or access or search the Services other than by those means currently                 available through published interfaces and as subject to the Terms;
          (d) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or                 create derivative works of the Software, or any part thereof;
          (e) interfere with, or disrupt (or attempt to do so), the access of any User, host or network, including,                 without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or                 interfering with or creating a burden on or any form of denial of the Services;
          (f) impersonate others. We reserve the right to reclaim User names on behalf of individuals or entities                 that hold legal claim or have trademarked those User names. Accounts using unauthorised personal or                business names or false names and or logos to mislead others will be suspended indefinitely or                terminated;
          (g) invite others to Use iPayd for purposes other than to enjoy the benefit of iPayd or transact with You;           (h) Insert Comments that allude to or directly threat violence, terrorism or harm against others;
          (i) perform or facilitate a copyright infringement against the Services or Us
          (j) Use the Services for an unlawful purpose or in pursuit or furtherance of an unlawful purpose;
          (k) Use the Services in a manner that violates any right of Ours or that is prohibited by the Terms; or
          (l) gain or attempt to gain unauthorised access to the Services. 

15.  INDEMNITY
15.1.  You will indemnify Us fully and hold Us harmless against all liabilities, costs, losses, claims, damages and expenses (including professional costs and expenses) that We incurred or suffered, or that were made against Us, as a result of (directly or indirectly) arising out of or in connection with:
          (a) You breaching any of the Terms or Law;
          (b) A claim or demand of any kind against Us by You relating to Your Use or Your inability to Use the                 Services; and
          (c) You having acted or taken steps to act negligently or fraudulently in connection with Your Use of the                 Services. 

15.2.  We will not be deemed or taken to have been negligent if We have acted as required or contemplated by the Terms or at Your express request or direction, even if those acts might otherwise be considered to be negligent.  

16.   DISCLAIMERS
16.1.   Read this section carefully since it limits the liability of the iPayd Entities. Reference to iPayd Entities is a reference to one or more of the categories mentioned in the definition of iPayd Entities.  

16.2.  Your access to and Use of the Services and the Material are at Your own risk. 

16.3.  You understand and agree that the Services will be provided to You in their current state as at the time Use the Services (i.e. ‘as is’) without any without any warranties or guarantees to the extent permitted by Law. You should seek Your own independent and professional legal advice in this regard.   

16.4.  You understand that You require an active Internet connection to Use the Services. By accepting and agreeing to the Terms, You acknowledge that even where You have an internet connection, the iPayd Entities are not responsible for any Material that does not reach the intended destination/s or recipient/s, at the expected time, or where the Services do not allow You to Upload Material. The iPayd Entities disclaim all warranties and conditions. The iPayd Entities are not responsible or liable to You or anyone else, for the times that You are late to action anything required to complete a transaction even if the Services did not prompt You to so do. 

16.5.  Where You do not have an active Internet connection, You may not be able to Use the Services at all or the Services will not run successfully. You accept full responsibility for not having an active Internet connection and for Material that does not reach its intended destination or recipient at the expected time.  

16.6.  We do not promote, encourage, support or facilitate unauthorised sharing of Material. However, in the unexpected event may occur that results in a User or member of the public gaining unauthorised access to Your Account or Your Material, then We are not liable for such interference or violation of the Services.  

16.7.  To the extent permitted by Law, You acknowledge that Your Use of the Services cannot be guaranteed to be error free and further acknowledge that We are not liable for the existence of errors. 

16.8.  To the extent permitted by Law, the iPayd Entities make no warranty and disclaim all responsibility and liability for the following:
          (a) the completeness, accuracy, availability, timeliness, completeness, quality, security or reliability of                 the Services or any Material;
          (b) any harm to Your computer system, loss of data, or other harm that results from Your access to or Use                 of the Services or any Material;
          (c) the deletion of, or the failure to store or to transmit, any Material;
          (d) whether the Services meet Your requirements or are available on an uninterrupted, secure, or                 error-free basis. No advice or information, whether oral or written, obtained from the iPayd Entities or                 through the Services, will create any warranty not expressly made in these Terms;
          (e) That any defects will be corrected or that the Services including Material and its servers are free from                 computer viruses, malicious content, harmful data, code, components or other matter; and
          (f) the underlying transactions and any goods obtained by You via the Services. 

16.9.  Notwithstanding the Terms, the iPayd Entities will not be liable for any delay in or failure to comply with the Terms, especially if the delay or failure is caused by circumstances that are beyond any of the iPayd Entities’ control including an act of God, flood, fire, lockout, pandemic, strike or terrorism.  

16.10.  In no event will any of the iPayd Entities be liable for any act or omission of any third party including your Bank, any payment or clearing house system, any provider of telecommunications services, computer hardware or software, any mail or delivery service, or for any circumstance beyond Our control. 

16.11.  The Services may contain links to third party websites or resources. You acknowledge and agree that the iPayd Entities are not responsible or liable for:
          (a) the availability or accuracy of such websites or resources; or
          (b) the information, products, or services on or available from such websites or resources.  

16.12.  Links to such websites or resources do not imply any endorsement by the iPayd Entities of such websites or resources or the information, products, or services available from such websites or resources. You acknowledge that You have sole responsibility for and assume all risks and costs arising from Your Use of any such websites or resources. 

16.13.  To the extent permitted by Law and the Terms, You acknowledge and agree that:
          (a) iPayd Entities are not party to or involved with the iPayd Transaction except to the extent that iPayd                 provides a transaction management service for Users or that the User purchases an Item in addition                 to their iPayd Transaction. However, where the Item is provided by a third party, iPayd merely                 facilitates the payment component of the iPayd Transaction. The iPayd Entities do not accept any                 liability in respect of Your involvement in resolving an issue, claim, action, proceeding or suit, between                 Users arising out of or in connection with Your iPayd Transaction, the Terms, the Services, the Material,                 Your Use of the Services; or
          (b) All guarantees (statutory or implied),warranties and conditions of any kind (including fit for purpose)                 are expressly disclaimed. 

16.14. The iPayd Entities do not warrant or make any representations about:
           (a) the compliance of the Material with Law, the compliance of the use of such Material with Law or Your                  obligations with Law; or
           (b) the storage, backup, integrity, security of the Material.  

16.15.  The iPayd Entities do not warrant that they can prevent any illegal, harmful or inappropriate Use of the Services, modification or alteration to the Services or Material, or that they will give notice of such use, modification or alteration.  

16.16.  The iPayd Entities shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of Goods via the Services.  

16.17.  No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made in the Terms.  

16.18.  If Your Use of the Services results in costs being incurred for servicing, upgrading or replacing Your Device or other equipment or Your data, then such costs are Yours, and are not the responsibility of iPayd Entities and You agree that You will not on-charge or seek to charge such costs to any of the iPayd Entities.  

16.19.  You agree that You have not relied on any information or advice provided, or any statement or representation made by any of the iPayd Entities (whether negligently or otherwise), in deciding to or Using the Services.  

16.20.  You acknowledge and agree that it is Your responsibility to obtain Your own independent legal advice regarding Your obligations under and compliance with Law.  

16.21.  For any matter, issue or claim arising out of the any iPayd Transaction or the Terms, the iPayd Entities may rely on the Terms to bar such a claim, action, proceeding or suit brought by You against any of the iPayd Entities.  

17.  LIMITATION OF LIABILITIES
17.1.  Subject to the Terms and to the extent permitted by Law, the iPayd Entities will not be liable for any damages, legal claims made or losses suffered of any nature, arising directly or indirectly from or in connection with any of the following, whether in contract, tort, equity, under statute or otherwise and whether or not foreseeable (reasonably or otherwise), contemplated by Users or others, or the iPayd Entities have been notified of the claim:
          (a) corruptions to or loss of data, Material, goodwill or other intangible losses resulting from Your Use of                  or inability to Use the Services;
          (b) suspension or termination of Your Account;
          (c) suspension or discontinuance of the Services (or any part thereof);
          (d) errors or interruptions occurring in the course of Using the Services or otherwise;
          (e) act or omission, or Material of, a User or third party, that breaches the Terms or Law including                 defamation, offensive or illegal conduct, obtaining Material from the Services without authorisation or                 unauthorised access to or Use of the Services;
          (f) the Material, or the use of or changes to Your Material and its transmission;
          (g) the Terms; or
          (h) the Services.  

17.2.  To the maximum extent permitted by Law, the iPayd Entities’ liability, for any of the Terms, guarantee or warrantee that is implied by Law and cannot be lawfully excluded by the iPayd Entities, is limited at the option of iPayd P/L, to the following:
          (a) in the case of services supplied by any of the iPayd Entities, either re-supplying the services or the                 payment of the cost of the services to be re-supplied to You; or
          (b) in the case of goods supplied by any of the iPayd Entities, either:
                  (i) the replacement of goods or the payment of the cost of the goods to be re-supplied to You; or
                   (ii) the repair of goods or the payment of the cost of repairing of goods. 

17.3.  Should a jurisdiction not allow the exclusion or limitation of liability as outlined in these Terms, then the liability of the iPayd Entities will be limited to the maximum extent permitted by the relevant jurisdiction and where permitted, the aggregate liability of the iPayd Entities will not exceed the total of AUD $10 or the amount You paid for the service or good, for any action or inaction that gives rise to a legal claim.  

17.4.  The iPayd Entities’ rights or remedies under the Terms or Law remain unaffected where Your Account is suspended or terminated.  

18.  WAIVER AND SEVERABILITY
18.1.  Whether any of the iPayd Entities exercises, or delays to exercise, one or more of its rights or remedies under the Terms or Law, does not deem any right or remedy to have been waived or, prevent or restrict the enforcement of any right or remedy. 

18.2.  Where any of the iPayd Entities exercises, or partially exercises, one or more of its rights or remedies under the Terms or Law, does not prevent or restrict the further enforcement of that, or any other, right or remedy.   

18.3.  Where a Term is deemed to be invalid or unenforceable by a court of law, the iPayd Entities reserve the right for the relevant Term to be limited by the minimum extent necessary and for the remaining Terms to retain their full force and effect. All rights not expressly granted are reserved.  

18.4.  No waiver in relation to a breach of the Terms will be effective unless it is expressed in writing and the relevant party has signed the waiver. Further, documented waivers will not constitute a waiver of any other continuing breaches or defaults under the Terms.  

19.  TERM AND TERMINATION  
19.1.  You can request Us to deactivate Your Account. In certain circumstances including if You have a pending iPayd Transaction or a pending refund of an excess amount, We will not action Your request to deactivate Your Account immediately. We will only action Your request to deactivate Your Account where there are no pending or upcoming actions on Your Account. Where Your Account is deactivated, You can request Us to re-activate Your Account and you may need to re-verify Your identity. Where You re-register with iPayd using an email address that is different to the one that is linked to Your deactivated Account, You will need to verify Your Identity as though You have not been previously verified.  

19.2.  Without limiting any other remedies available to Us, We may, at Our sole and absolute discretion, suspend or terminate Your Account/s or cease providing You with all or part of the Services at any time, without prior notice or liability to You and for any reason, including the following:
          (a) if We reasonably believe that You have breached any of the Terms;
          (b) You create legal risk or potential or actual exposure for any of the iPayd Entities or Your actions or                  inactions may cause loss or damage to or otherwise unlawfully harm You, other Users, Us, third parties                  or members of the public;
          (c) We are of the opinion or We have been informed that You have engaged or may engage in fraudulent                 activity in connection with Your Account or Use of the Services;
          (d) We are unable to verify or authenticate Your identity or any of the information that You provide as                  part of registering as a User or otherwise;
          (e) Your Material or communications are inappropriate, insufficient, illegal or offensive in nature;
          (f) We stop providing the Services; or
          (g) if You stop Using the Services without deactivating Your Account, We may terminate Your Account                 without prior notice or liability to You due to prolonged inactivity. 

19.3.  Where Your Account is terminated:
          (a) You must not Use the Services as Yourself or someone else;
          (b) At iPayd P/L’s request, You must return all hardcopy versions of Material to iPayd P/L or destroy any                 hardcopies or electronic records of the Material within Your control or possession;
          (c) All restrictions imposed on You, licences granted by You and all disclaimers, indemnities and                 limitations of liability outlined in the Terms survive the termination of Your Account; or
          (d) You will have no claim whatsoever against any of the iPayd Entities in respect of such suspension or                 termination.  

20.  COMPLAINTS RESOLUTION FOR COMPLAINTS ABOUT THE WEBSITE OR OUR COMPLAINTS HANDLINGS PROCESS
20.1.  Where You would like to make a Complaint, You can contact Us directly via one of the following methods:
         Phone: 1300 926 968 on Business Days during standard business hours Australian Eastern Standard Time
         Email: complaints@ipayd.com 

20.2.  You will not be charged any Fees by Us for making a Complaint.

20.3.  After You contact Us with Your Complaint, We will record and classify Your Complaint and We:
          (a) will send You confirmation of Your Complaint as soon as reasonably practicable which will include                 information about Our Complaints handling process;
          (b) may require additional information from You to understand Your Complaint in more detail or to assist                 Us with addressing Your Complaint;
          (c) take steps to address Your Complaint as quickly as possible;
          (d) may explain to You the reasons for any delays in addressing or resolving Your Complaint; or
          (e) provide You with Your Complaint’s written outcome. 

20.4.  You may refer Your Complaint to the Australian Financial Complaints Authority at any time. You just need to advise Us and We will facilitate the referral free of charge.  

20.5.  AFCAs contact details are:
          Address: GPO Box3, Melbourne VIC  3001
         Phone: 1800 931 678 on Business Days
         Email: www.afca.org.au 

21.  DISPUTE RESOLUTION
21.1.  Where Users are experiencing issues with other Users, the Buyer and the Seller will use their best efforts to reach and execute a mutually satisfactory solution. Where this does not resolve the issue, then alternative dispute resolution methods are to be employed which are outlined in Our Service Terms and Conditions.  

22.  ENTIRE AGREEMENT
22.1.  The Terms constitute the entire agreement and understanding between You and iPayd P/L, and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between You and iPayd P/L, whether written or oral, relating to the subject matter of the Terms. 

22.2.  You agree that You will have no remedies in respect of any representation or warranty(whether made innocently or negligently) that is not set out in the Terms. Further, You agree that You shall not have any claim for innocent or negligent misrepresentation based on any statement in the Terms.

23.  JURISDICTION
23.1.  These Terms and any action related to them are subject to the Law of the State of Victoria and the Country of Australia (where applicable) without regard to or the application of conflicting provisions in Your State or Country (i.e. the State or Country where You reside). All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Federal or State courts located in Victoria, Australia and You irrevocably consent to this exclusive jurisdiction and waive any objection as to any inconveniences this may cause You. The Services are provided and operated by iPayd P/L. If You have any questions about the Terms, please contact Us via email at support@ipayd.com.

iPayd Pty Ltd is a corporate authorised representative 001296838 of Flexewallet Pty Ltd,
ACN 164 657 032, AFSL 448068

Copyright © 2022 iPayd Pty Ltd ABN 12649359491 All Rights Reserved
Legals