Terms and Conditions of Use

1.         Scope and Acceptance

1.1       By clicking to accept these terms and conditions (“T&Cs”), you agree to be bound by this agreement which includes our Privacy Policy. You should print a copy of this Agreement and the Privacy Policy for your records.  

1.2       Your acceptance to these T&Cs forms a legally binding agreement between you and QuickaPay.

1.3      You agree that these T&Cs will govern your ongoing use of and/or access to QuickaPay Account and our services. You will receive written notices from QuickaPay of any amendments to these T&Cs.  Except where prohibited by law, you are deemed to have accepted amendments to these T&Cs upon continued use of QuickaPay Account or QuickaPay services following the notice of amendments to the T&Cs. If you do not agree to changes made to these T&Cs, you must immediately discontinue your use of QuickaPay Website, QuickaPay Account or our services.

 

2.         Definitions

Australian Consumer Law

means the  Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) of the laws of Australia.

Automatic Payment

means a payment, through the payment method you have chosen, that we will automatically charge directly to your nominated Card or direct debit your nominated bank account on a one-time or regular basis for the amount set out in your Payment Schedule.

Bank Account

means any bank account that is held beneficially in the name of an individual or business.

Business Day

means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in Australia.

Card

means any Australian card issued by American Express, Visa or MasterCard, excluding Gift Cards and other pre-paid cards.

Confidential Information

means all  trade secrets, ideas, know-how, concepts and information whether in writing  or otherwise relating in any way to either party, their sublicensees, agents, employees, customers and users, plans, documentation, services, intellectual property rights, businesses, sales, marketing or promotional information,  which does not include information that:

(a)      is or becomes part of the public domain, otherwise than by breach of these T&Cs;

(b)      is lawfully obtained from another person without any restriction as to use and disclosure; or

(c)      was in either party’s possession prior to disclosure to it by the other party.

GST

means Goods and Services Tax.

Intellectual Property Rights

means  patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, insignia, logos, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filled, issued, or acquired.

Nominated Payment Source

means your choice of payment by Card or direct debit of your bank account on a one-time or regular basis in accordance with your Payment Schedule.

Payer User

means a person or business who has a QuickaPay Payer Account.

Payment Schedule

means a list of payment amounts and the relevant due date of each payment, in accordance with clause 18.10 and otherwise payable in accordance with the terms of this Agreement.

QuickaPay (or We, Us, Our)

means Quicka Pty Ltd ACN 634811671 TA/S QuickaPay.

QuickaPay Account

means either a QuickaPay Supplier Account or a QuickaPay Payer Account.

QuickaPay Material

means information created and published by QuickaPay.

QuickaPay

means payment of Supplier User’s invoice in six (6) instalments in accordance with the Payer User terms.

QuickaPay Payer Account

means an online account opened by a Payer User on the QuickaPay Website to meet their payment obligations as described in clause 8 of these T&Cs.

QuickaPay Supplier Account

means an online account opened by a Supplier User on the QuickaPay Website to meet their invoicing needs as described in clause 7 of these T&Cs.

QuickaPay Third Party Service Provider

Means Split Payments Pty Ltd, Basiq Pty Ltd and other third party services providers that assist in the provision of QuickaPay services to you.

QuickaPay User (or You, Your)

means any person who has the access to and use of the QuickaPay Website and QuickaPay Account.

QuickaPay Website

means the website of QuickaPay with the URL www.quickapay.com.

Supplier User

means a person or business who has QuickaPay Supplier Account.

User Content

means any information including any text, image, photograph, graphic, audio, video, data, code or software owned, created, supplied or published by a third party other than QuickaPay, including any content provided by a QuickaPay User to QuickaPay or QuickaPay’s third party service provider.

 

3.         Interpretation

In these T&Cs unless the context otherwise requires:

(a)        a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;

(b)       a reference to a clause or part of a clause is a reference to that clause or part of a clause of these T&Cs;

(c)        the singular includes the plural and vice versa;

(d)       a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

(e)       a reference to any gender includes all genders;

(f)         a reference to a clause or schedule is to a clause or schedule of these T&Cs;

(g)        a reference to $ is to Australian currency;

(h)       where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and

(i)         where an expression is defined anywhere in these T&Cs it has the same meaning throughout.

4.         User Content

4.1       QuickaPay does not claim ownership of User Content that you post, upload, input or submit to QuickaPay Website or QuickaPay Account.

4.2       By posting, transmitting or uploading any User Content to a QuickaPay Account or to a QuickaPay third party service provider, you grant to QuickaPay and its third party service provider a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties.

4.3       You represent and warrant to QuickaPay that you have the right, title and authority to grant the license referred to in clause 4.2 above. QuickaPay may elect at its absolute discretion not to use, post or publish User Content that you submit.

4.4       You agree that QuickaPay is not obliged to evaluate, verify or provide any comments to you regarding User Content that you post, upload, input or submit to QuickaPay Website or QuickaPay Account. QuickaPay may contact you with questions regarding such User Content but in no event will any such contact or communication obligate QuickaPay in any way.

4.5       You represent and warrant that any User Content that you post, upload, input or submit to QuickaPay Account or QuickaPay’s Third Party Service Provider is true, accurate and complete.

 

5.         Use of QuickaPay Website

5.1       You agree not to use the QuickaPay Website in any manner that could damage, disable, overburden, or impair any QuickaPay server, or the network(s) connected to any QuickaPay server, or interfere with any other party’s use and enjoyment of any QuickaPay Website.

5.2       You agree not to gain unauthorised access to any QuickaPay Website, other accounts, computer systems or networks connected to any QuickaPay server, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the QuickaPay Website.

 

6.         Use of QuickaPay Account

6.1       You agree not to gain unauthorised access to any QuickaPay Account through hacking, password mining or any other means.

6.2     You agree not to use QuickaPay Account to: 

(a)     publish, upload, post, transmit or otherwise make available any User Content that:

(i)      you do not have the right to make available;

(ii)     is unlawful, harmful or otherwise objectionable;

(iii)     infringes any rights of any party;

(iv)     contains a software virus, Trojan horse, worm, corrupted file or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;

(b)       defame, harass, abuse, stalk, threaten or violate the legal rights of others including rights of privacy;

(c)       impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

(d)       harvest or collect personal information or data of a third party.

6.3       You acknowledge that you must be over 18 years old as an individual or if a business, hold an active registered ABN and be an authorised debit or credit card and/or bank account holder in order to use QuickaPay Account.

6.4       You agree that you will provide QuickaPay with valid, verifiable and updated email address, mobile telephone number or landline phone number, and registered and/or correspondence address.

6.5       You agree that all personal and other information that you use to register or create your QuickaPay Account will be true, correct, accurate, complete and updated in every respect.  If your information changes, you must update it immediately with QuickaPay through your QuickaPay Account.

6.6       You agree not to provide false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading information or seek to establish a fake, untraceable or unverifiable identity.

6.7       You must enter a customised secure password when you register or create your QuickaPay Account.  Such password may be used by you to subsequently access your QuickaPay Account. You acknowledge that you are solely responsible for keeping this password secure and confidential. We recommend that you do not share your secure password with anyone else and you change the password from time to time to maintain its security.

6.8       You agree that as a holder of QuickaPay Account, you will pay any applicable fees associated with your use of your QuickaPay Account. For a Supplier User, the applicable fees are set out in clause 7.8 of this agreement. For a Payer User, the application fees are set out in clause 8.18 and 8.20. 

6.9       You agree that you will provide us in timely manner all documentation necessary for us to provide our services to you via your QuickaPay Account.  You acknowledge that any delay or omission in provision of such documentation to us may render it impossible for us to provide you with our services via QuickaPay Account.

6.10    You agree that you will not use your QuickaPay Account for any unlawful, fraudulent or improper activity, including for any experimental, testing, research or non-business purposes or otherwise in a manner for which they have not be designed or intended for.

6.11    You agree that you will fully cooperate with QuickaPay to investigate any suspected unlawful, fraudulent or improper activity resulting from or in relation to your use of QuickaPay Account.

6.12    You agree that you will contact us immediately if you suspect any unauthorised or unlawful access or use of your QuickaPay Account.

6.13    You will not be issued with a QuickaPay Account until your application has been received and approved by us. You will receive written notice from us or whether your application for a QuickaPay Account has been approved.  

6.14    QuickaPay will not send you any periodic statement or summary of your QuickaPay Account via post or email.  All contents, including User Content, of your QuickaPay Supplier Account will be made available to you within the QuickaPay Account.  You should print a copy of account information available on your QuickaPay Account for your records. 

7.         Use of QuickaPay Supplier Account

7.1       You are required to create a QuickaPay Supplier Account in order to use our services provided to QuickaPay Supplier Account holders.

7.2       You will be notified in writing by us if your QuickaPay Supplier Account is successfully opened with us.

7.3       You acknowledge that your provision of User Content via your QuickaPay Supplier Account is for the purposes of issuing invoices to your clients, customers or other payers (“Invoice Payer”). You agree that you will only authorise the generation of an invoice through the QuickaPay Account where you have a legitimate legal basis including, but not limited to a right under a sales contract or service agreement and you agree that any terms or conditions that you include as part of the generated invoice are in accordance with agreement with the Invoice Payer.

7.4       You agree to preview all invoices generated by us or our system on your behalf before the invoice is issued and will take all steps necessary to ensure the details of the invoice are correct and accurate.  

7.5       The contents of the invoices generated by us or our system on your behalf are solely and completely based on the User Content you provided to us through your QuickaPay Supplier Account. You acknowledge that you have the sole responsibility for any error, inaccuracy, misrepresentation or omission in these contents.

7.6       By clicking the “CONFIRM”, “PROCEED” or “SUBMIT” button, you confirm your instructions to authorise us to issue and send the draft invoice to your intended Invoice Payer.  The authorised invoice will be issued and sent to your intended Invoice Payer within a short period of time (if not instantly) after your confirmation of instructions.  You acknowledge that once the invoice is issued or sent, we are unable to undo it.

7.7       You acknowledge that QuickaPay has no role in any business, claim or dispute between you and your Invoice Payer except that we act as your invoicing platform.  You should resolve any business, claim or dispute between you and your Invoice Payer directly including but not limited to:

(a)        agreeing to any invoice discount,

(b)       cancelling any invoice;

(c)        re-issuing any invoice; or

(d)       handling any complaint regarding any invoice.

7.8       You agree to pay the following service fee for invoices generated for your QuickaPay Supplier Account (“Invoice Service Fee”):

(a)        a flat fee of 1.75% plus $.35 of each invoice amount on all domestic payments and 2.9% + $35 on international payments if your Invoice Payer pays the invoice in full by credit or debit card;

(b)       a flat fee of 5% of each invoice amount if your Invoice Payer pays the invoice via QuickaPay instalments;

7.9       If you have agreed with your Invoice Payer to cancel any invoice, you should inform us in writing immediately so that we will stop sending invoice reminders to such Invoice Payer.

7.10    You agree that any re-issue of an invoice is treated as issuing of a new invoice.

7.11    If you wish to give any payment incentive to your Invoice Payer (e.g. early bird payment or other payment discount), you should specify them in your instructions to us, i.e.by adding them to the User Content you submit to us via your QuickaPay Supplier Account.  

7.12    You acknowledge that once an invoice is created through your QuickaPay Supplier Account, your Invoice Payer will receive an initial email/text message with a link to the invoice and option to pay in full or via QuickaPay instalments.  If your Invoice Payer does not confirm a payment method, we will follow up with them through our automated reminders every other day for up to 45 calendar days.  If there is still no response from your InvoicePayer after the expiry of the 45 calendar days, we will contact you to discuss about next steps (including appointment of a debt collector by you).  

7.13    If your Invoice Payer pays you directly, i.e. without paying through our payment platform then there is no fee payable.

7.14    If your Invoice Payer pays your invoice in full in clear funds through our payment platform, you will be paid your portion of the payment within three business days from the date of payment less theInvoice Service Fee and any other fees payable by you under these T&Cs. You will receive your portion of the payment to the nominated bank account you provided to us at the time of submitting your application to create your QuickaPay Supplier Account, unless you have advised us of any change of account information in writing.

7.15    If your Invoice Payer pays your invoice by QuickaPay instalments through our payment platform, you will be paid your portion of the payment less the Invoice Service Fee and any other fees payable by you under these T&Cs, following us confirming in writing to you that the Invoice Payer has created a Payer Account with us and that we have approved their account opening.   You will receive your portion of the payment to the nominated bank account you provided to us at the time of submitting your application to create your QuickaPay Supplier Account, unless you have advised us of any change of account information in writing.

8.         Use of QuickaPay Payer Account

8.1       You are required to have a QuickaPay Payer Account in order to use our services provided to QuickaPay Payer Account holders.

8.2       You will receive a confirmation email from us if your QuickaPay Payer Account is successfully opened with us.

8.3        You agree that you are responsible for all activity that occurs under your Payer User account, including for any actions taken by persons to whom you have granted access to the Payer User account. We reserve the right to suspend or terminate the Payer User account of anyone who provides inaccurate or incomplete information, or who fails to comply with the account registration requirements, where doing so is reasonably necessary to protect our business operations. 

8.4        You agree that QuickaPay may in its sole discretion and at any time withdraw its approval of your account to use the QuickaPay Pay service.

8.5        You agree to provide a Nominated Payment Source when you create a Payer User account. You can update or change your Nominated Payment Source at any time via your QuickaPay Account or by sending an email to accounts@quickapay.com.

8.6        You acknowledge that QuickaPay is the direct debit agent of the invoicing party (“Invoice Issuer”) and we will not have any express or implied liability in relation to the services provided by the Invoice Issuer.


Verification of Identity and Credit Checks

8.7          You authorise us to verify the details of your account with your financial institution.

8.8          You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments in accordance with your Payment Schedule. This may include review of your previous bank statements, performing other repayment capability checks and verifying information you have provided to us against third party databases.

8.9          You authorise us or QuickaPay Third Party Service Providers  to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to your QuickaPay Account, such as reporting any payment defaults to credit reporting bodies (for example, Equifax Australia Pty Ltd).

 

Automatic Payment

8.10       QuickaPay Pay involves 6 equal instalment cycles for each invoice that you are issued with. The first direct debit will occur immediately upon accepting our T&Cs and we approve your Payer Account. The Automatic Payment will repeat each fortnight or every 14 days until the invoice is paid in full. You can make payments any time before the instalment due date if you wish to do so.

8.11       When the direct debit due date falls on a weekend or public holiday, the Automatic Payment will be processed on the next available business day.  

8.12       You agree that payment(s) are made in accordance with your Payment Schedule. You are able to elect to make early payments through your account at any time, otherwise we will process Automatic Payments in accordance with the due dates stated on the Payment Schedule.

8.13       You consent to, authorise and instruct us to process Automatic Payments using the payment method details provided by you, in accordance with the Payment Schedule and these terms and conditions.

8.14       You must do all things reasonably necessary to facilitate the Automatic Payment in accordance with your Payment Schedule. You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source and it has not expired, in order for us to process Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by the financial institutions for your Nominated Payment Source.

 

Payment Reminder Alerts

8.15       From the invoice date of issue, we will send you an automated follow-ups for up to 45 days by SMS text message to your nominated mobile phone number. If you do not wish to receive the automated follow-up text messages, please contact us at hello@quickapay.com to opt-out of receiving our payment reminders by SMS text message.

 

Late Payments and Delays

8.16       If an Automatic Payment fails on any of the dates specified in your Payment Schedule, then we reserve the right tore-attempt to process the payment at a later time or date including the applicable Late Fee, unless you otherwise make the scheduled payment on or before the relevant due date.

8.17       Subject to the Late Fee Schedule under clause 8.18 of this Agreement, if the amount required to be paid under the Payment Schedule is not received on or before the scheduled payment due date, an initial $10 late fee applies. A further $10 late fee is payable if your scheduled payment, together with any applicable late fee, remains unpaid 7 days after the scheduled payment due date. Any applicable late fee may be charged at the time of re-attempting to process a payment or at the time of the next scheduled payment.

8.18       Late Fee will apply to each outstanding payment in accordance with the following:

 

Late Fee Schedule

For each Invoice payable with an Original Invoice Value below $250

A maximum of one $10 Late Fee applicable

For each Invoice payable with an Original Invoice Value between $251 and $500 (inclusive)

The aggregate sum of the Late Fees applied in relation to the invoice payable will not exceed 25% of the invoice value

For each Invoice payable with an Original Invoice Value above $501

A maximum of 25% of Late Fees applicable

8.19       There are no partial Late Fees. All applied LateFees are either $10 or 25% of the invoice value subject to the above Late Fee Schedule. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.

8.20       If you fail to pay on the due date two consecutive scheduled payments, your account will be suspended immediately. If you do not have sufficient funds in your Nominated Payment Source or you are unable to make the payment on time, you are required to contact us immediately at accounts@quickapay.com.

8.21       QuickaPay will not be liable for any fees or charges associated with insufficient funds in your Nominated Payment Source. You must direct any enquiries about unsuccessful debits of your account to your financial institution.

8.22       You acknowledge that a delay may occur in the processing of Automatic payment if:

(a)  there is a public or bank holiday on the day or the day after a payment is due to be made;

(b)  a payment is received either on a day which is not a banking business day or after the normal close of business on a banking business day;

(c)   QuickaPay is unable to complete your verification of identity and repayment capability check in time to process the request prior to the first payment due in accordance with your Payment Schedule; or

(d)  there are technology system issues or failures.

8.23       You acknowledge that QuickaPay will not be liable for any faults in processing the Automatic Payment caused by:

(a)  fraudulent activity;

(b)  security hacking;

(c)   delay as referred to above;

(d)  the date on which the payment is processed by third party financial institution; or

(e)  the timing of when you create an account to use QuickaPay to use the Automatic Payment is requested and processed.

8.24      Not withstanding any other provisions of this agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

8.25       You agree that you will refer any disputed debit item or amount to the Invoice Issuer directly.

 

9.         Payment

9.1      You acknowledge and accept that there are risks associated with making or receiving online payment and nevertheless you agree to make payment to or receive payment from us in relation to your QuickaPay Account by online payment.  If you require making or receiving payment other than online payment, you should get in contact with us.

 

10.      Event of Default

10.1    You will be in default under this agreement where any of the following Event of Default occurs, which would cause financial or other detriment to QuickaPay:  

(a)   You have breached or is alleged to have breached the material term of this agreement;

(b)   You have breached or is alleged to have breached the material terms of our Third Party Service Provider’s terms;

(c)   You have two consecutive payment defaults;

(d)   You no longer have legal capacity or become a person protected by the state;

(e)   You, being a natural person becomes insolvent at a particular time if, and only if at that time:

(i)     A creditor’s petition or a debtor’s petition is presented under Division 2 or 3 of Part IV of the Bankruptcy Act 1966 against:

(1)    The person; or

(2)    A partnership in which the person is a partner; or

(3)    2 or more joint debtors who include the person; or

(ii)    The person’s property becomes subject to control under Division 2 of Part X of the Bankruptcy Act 1966; or

(iii)   The person executes a deed of assignment or deed of arrangement under Part X of the Bankruptcy Act 1966; or

(iv)    The person’s creditors accept a composition under Part X of the Bankruptcy Act 1966.

A reference in this clause 10.1(d) to a Division or Part of the Bankruptcy Act 1966 includes a reference to provisions of a law of an external Territory, or a country other than Australia or an external Territory, that correspond to that Division or Part.

(f)    You, being a corporation are subject to:

(i)       A petition being prepared, an order being made or a meeting being called to consider a resolution for the your company to be wound up, deregistered or dissolved;

(ii)   A receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the your property and undertaking;

(iii)  The entering of a scheme of arrangement (other than for the purpose of restructuring); and

(iv)  Any assignment for the benefit of creditors.

(g)  You purport to assign your rights under these T&Cs without our prior written consent.

10.2   We will provide a written notice to you stating that an Event of Default has occurred and a grace period of up to 7 days to remedy the Event of Default.

10.3    If you do not remedy the Event of Default at the end of the 7 days notice period, your failure to comply with our notice will result in the acceleration of your outstanding payments to become due and payable immediately at the end of that 7 day period, without the need for us to give any further prior notice to you.

 

11.      Termination of Use

11.1   You agree that QuickaPay may in its sole discretion and at any time terminate or limit your access to or use of any or all of the QuickaPay Website, QuickaPay Material or User Content.

11.2   QuickaPay may, with reasonable discretion, suspend or close your QuickaPay Account without prior notice to you, including but not limited to where we reasonably consider it necessary to do so in order to:

(a)        protect the integrity of our systems or our services;

(b)       protect the right(s) of a third party;

(c)        prevent fraud or unlawful activities;

(d)       limit the risk of money laundering or terrorist financing;

(e)       otherwise protect us against legal, regulatory or other risk.

11.3    In the event you are in breach of a material term of these T&Cs, QuickaPay may elect to suspend your QuickaPay Account without prior notice to you.

11.4    Subject to clause 11.5, if you wish to terminate your QuickaPay Account, you may terminate your account with one month’s prior written notice to us.

11.5    Your request to terminate your QuickaPay Account will be approved if all amount owing to us have been paid in full. You remain liable for all amounts outstanding in relation to your QuickaPay Account and this agreement will continue to apply to any outstanding payments.

11.6    We will provide a written confirmation of your account termination by email.  

11.7    You acknowledge that in certain cases you may not be able to terminate your QuickaPay Account including:

(a)        the closing of your account may evade or negatively affect an investigation or a proposed investigation;

(b)       if there is a pending or open dispute or claim in respect of your account; and

(c)        if closing of your account may cause any non-compliance with any rules or regulations.

11.8   In the event that your QuickaPay Account is terminated due to an Event of Default, all amounts owed by you to us will become immediately due and payable in accordance with clause 10.3.

 

12.      Confidentiality

12.1    You agree to keep Confidential Information of QuickaPay confidential and you will not disclose any such Confidential Information to any third party or use it otherwise than:

(a)       for the purpose of these T&Cs;

(b)       as authorised in writing by QuickaPay;

(c)       as required by any law, judicial body or governmental agency; or

(d)       by way of disclosure to your professional advisers who have agreed to keep the Confidential Information confidential.

 

13.      Privacy and Data Protection

13.1    We collect and manage personal information in accordance with the Australian Privacy Act 1988 (“Privacy Act”) for the purposes of supplying you with our service. 

13.2    We may disclose personal information to our related bodies corporate (including to related bodies corporate located overseas), contractors or suppliers and to parties who we are required to disclose the information by law. 

13.3    Where you provide personal information (as defined in the Privacy Act) about your directors or employees or personnel to use in the course of your dealings with us, you undertake to notify the relevant individual that:

(a)        their personal information has been provided to us and the purpose of that disclosure is to enable us to supply our. service to you;

(b)        they may request access to their personal information held by us by writing to us;

(c)        we may disclose their personal information to our related bodies corporate (including those which are located outside Australia), contractors or suppliers.

13.4   You agree to comply with our Privacy Policy which can be found by clicking on the ‘Privacy Policy’ link at QuickaPay Website.

 

14.      Intellectual Property Rights

14.1    All Intellectual Property Rights in any QuickaPay Material or QuickaPay Website, and User Content belongs to QuickaPay or the individual or entity that submitted it. Nothing in these T&Cs shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any QuickaPay Material or QuickaPay Website for any reason unless otherwise expressly permitted by these T&Cs or by law.  

14.2    You are not permitted to use any Intellectual Property Rights without our prior written consent.

14.3    You must not copy, imitate, modify, alter, amend or use QuickaPay Material and QuickaPay Website to promote yourself as being connected in any way with us without our prior written consent.

 

15.      Warranty and Guarantee

15.1    Our services come with guarantees that cannot be excluded under the AustralianConsumer Law.  For major failures with the service, you are entitled:

(a)       to cancel your service contract with us; and

(b)       to a refund for the unused portion, or to compensation for its reduced value.

15.2    You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

15.3    If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

15.4    You warrant that:

(a)        You have the power, right, authority and entitlement to execute these T&Cs and perform your obligations under these T&Cs;

(b)       In case of a corporation, you have full corporate power to execute, deliver and perform your obligations under these T&Cs;

(c)        These T&Cs constitute a legal, valid and binding obligation of you enforceable in accordance with the terms by appropriate legal remedy; and

(d)       In entering into and performing your obligation under these T&Cs you have not and will not be in breach of any relevant law or any obligation owed to another person.

 

16.      Indemnity

16.1    You agree to be liable for and to indemnify, defend and hold QuickaPay, and QuickaPay’s third party service provider (as the case may be), harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(a)        any violation of these T&Cs or of any intellectual property or other rights by you;

(b)       any use or misuse of the services provided by QuickaPay or QuickaPay’s third party service provider, User Content, or any content or data from or by you; and

(c)        any breach of law, regulation or licence by you.

16.2    You agree that you will at all times indemnify and keep indemnified QuickaPay, its officers, employees, agents, representatives, associates and third parties from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of any breach of these T&Cs.

 

17.      Exclusion and Limitation of Liability

17.1    You agree that your use of the service provided by QuickaPay or QuickaPay’s third party service provider and all information, products or content are provided to you by QuickaPay or QuickaPay’s third party service provider in good faith on an “as is” and “as available” basis.  

17.2    To the fullest extent allowed by law, QuickaPay and QuickaPay’s third party service provider(as the case may be) do not guarantee or warrant any features or qualities of any QuickaPay Website or website of QuickaPay’s third party service provider, or give any undertaking with regard to any other quality.  Statements and explanations on QuickaPay Website or website of QuickaPay’s third party service provider are made for explanatory purposes only.  They are not meant to constitute any guarantee or warranty of certain features.  No warranty or undertaking shall be implied by you from any QuickaPay Material or information on QuickaPay Website or website of QuickaPay’s third party service provider.

17.3    You agree that you are responsible for determining the suitability of any service provided by QuickaPay or QuickaPay’s third party service provider and you relied on any content or information provided via these services at your own risk.

17.4    You agree that your use of the services, content and other information provided by QuickaPay and QuickaPay’s third party service provider is at your own risk and the restrictions applicable to QuickaPay by its third party service provider are equally applicable to you. 

17.5    In respect of service provided by QuickaPay or QuickaPay’s third party service provider, QuickaPay and QuickaPay’s third party service provider (as the case may be) make no warranty that:

(a)        the service provided will meet your requirements;

(b)       the quality of the service provided will meet your expectations;

(c)        the service will be uninterrupted or error-free;

(d)       the access to the service will be secure;

(e)       any information, product or content obtained via the service will be accurate or reliable; and

(f)         any errors in the software or technology used in the service will be corrected.

17.6    You agree that you download or otherwise obtain through the use of QuickaPay’s service or service provided by QuickaPay’s third party service provider the material or data at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network.

17.7    QuickaPay will not be liable or responsible in any way for any content linked from a QuickaPay Website or any User Content, including, but not limited to, any errors or omissions in such content, or for any losses or damages of any kind incurred asa result of the use of or reliance on any such content.

17.8    To the fullest extent allowed by law, QuickaPay and QuickaPay’s third party service provider (as the case may be) are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any of your use of the service provided by QuickaPay or QuickaPay’s third party service provider, any third party software, services or operating system.

17.9    Other than liability that we cannot exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort or otherwise, is limited as follows:

(a)        We have no liability arising from your use of QuickaPay Website or our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense; and

(b)       For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our system or other available backups.

17.10  You acknowledge that any claims you may have in respect of services rendered from QuickaPay’s third party service provider will be a matter between you and the service provider, subject to any obligation on us in accordance with these T&Cs or our agreement with the service provider.

 

18.      Links to Third Party Websites and Dealings with Third Party Service Providers

18.1    Our services, QuickaPay Website and QuickaPay Account may contain links to websites of third parties which are not under our control. QuickaPay is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites.

18.2    Where a link to a third party website is provided to you it is provided to you for your convenience, and the inclusion of any link does not imply that QuickaPay endorses or accepts any responsibility for the content on such third-party website.  Your correspondence or business dealings with any such third-party website are solely between you and the website.  You agree that QuickaPay will not be responsible or liable for any loss or damage of any sort incurred as the result of the existence of the link and your dealings with the website.

18.3    Where you are required by QuickaPay to provide information or make a payment through a third party service provider (e.g. a data aggregation platform or a payment platform),you agree that you will abide by the third party service provider’s relevant terms and conditions.  Such terms and conditions of the third party service provider are independent from QuickaPay’s T&Cs and they must be accepted in order to complete a registration, process or a transaction on QuickaPay Website or for a QuickaPay Account.

18.4    Split Payments Pty Ltd (“Split”) is our third party service provider for payment services.  You acknowledge that you must accept the Split terms and conditions as contained in Split’s website, and updated and amended from time to time, before using their payment services. The links to Split’s website and relevant web pages are listed as follows for your reference:

·      https://www.splitpayments.com.au/

·       https://www.splitpayments.com.au/ddrsa/

·       https://www.splitpayments.com.au/ddr/

18.5    Basiq Pty Ltd (“Basiq”) is our third party data aggregation platform service provider. You acknowledge that you must accept the Basiq terms and conditions as contained in Basiq’s website, and updated and amended from time to time, before using their services.  The links to Basiq’s website and relevant webpages are listed as follows for your reference:

·      https://basiq.io/

·      http://docs.basiq.io/en/articles/415750-basiq-terms-of-service

18.6    You acknowledge and agree that you are responsible for your use of services provided by the third party service provider and that:

(a)       you use the service of a third party service provider at your own risk;

(b)       the service of a third party service provider will only be used for your own lawful purpose in accordance with these T&Cs and the third party service provider’s terms and conditions; and

(c)       if there are any unauthorised access or use of the third party service provider’s service or any breach of security, you will immediately notify QuickaPay of such activity.

18.7    You agree that your use of a third party service supplied by QuickaPay is subject to interoperation of services supplied by relevant third party service provider.  By using such service, you appoint QuickaPay as your limited agent authorised to:

(a)        access such third party service provider’s website or applications, servers, documents and information as designated by you;

(b)       use your information; and

(c)        perform all acts as required for QuickaPay and the relevant third party service provider to supply their service to you.

 

19.      Jurisdiction, Applicable Law and Dispute Resolution

19.1    These T&Cs shall be governed by and construed in accordance with the laws of New South Wales Australia.  The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.

19.2    You should contact us by email or by post to the following address for any complaint and dispute you may have in relation to your access to or use of our services, QuickaPay Website or QuickaPay Account:

Email: hello@quickapay.com

Mailing Address: Level 8, 11 York St, Sydney NSW 2000 Australia

19.3    You agree to cooperate with us and provide us with all necessary information or documentation to assist us in resolving any complaints or disputes.

19.4    If you have a dispute with our third party service provider, you should file the dispute directly with such service provider and inform us of the progress of the dispute.  We will endeavour to facilitate communication between you and such service provider, however, nothing shall affect our rights and remedies or your obligation under this agreement.

 

20.      Survival

20.1    The terms of these T&Cs survive its termination to the extent permitted by law.

 

21.      Waiver and Severability

21.1    No failure or delay on our part in exercising any power or right under these T&Cs operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power of right.

21.2    To the extent that any provision in these T&Cs shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make these T&Cs as modified, legal and enforceable under applicable laws and the balance of the provisions of these T&Cs shall not be affected thereby.

 

22.      Force Majeure

22.1   Neither you nor QuickaPay will be liable for any delay in performing any of its obligations under these T&Cs if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.

 

23.      Assignment or Transfer

23.1    You must not assign or otherwise transfer any of your rights and obligations under this agreement whether in whole or in part without our prior written consent.  Any such unauthorised assignment will be deemed null and void.

23.2    QuickaPay may transfer or assign this agreement, and any right under this agreement, to a third party without notice to you or your consent.  You agree that we may appoint third party collections agencies to collect any amounts owing to us under this agreement without your consent.

 

24.      GST

24.1    You agree that any and all amounts and other consideration referred to in these T&Cs (and QuickaPay Account) are exclusive of any GST.

24.2    If any GST is imposed on any supply made under these T&Cs, then the party making the supply will collect from the recipient, in addition to any consideration due for the supply.

24.3   The GST imposed on a supply is calculated by multiplying the amount or value of the consideration for the supply by the GST tax rate prevailing as at the date the supply is made.

24.4   If the recipient of a supply is required to pay an additional amount for GST pursuant to this clause, then the recipient will pay the increased amount in the same manner and at the same time as the consideration, which may be due under these T&Cs.

 

25.      System Maintenance and Data Loss

25.1    We strive to maintain the availability of QuickaPay Website and our services.  On occasion, we need to perform system maintenance and other maintenance on our services, and this may require a period of downtime.  We will try to minimise any such downtime and inconvenience to you. Where planned maintenance is being undertaken, we will attempt to notify you in advance if possible but this cannot be guaranteed.

25.2    You are responsible for maintaining copies of your data entered into our system or services.  We strive to avoid any data loss but this cannot be guaranteed.

25.3    Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

 

26.      No Professional Advice

26.1   QuickaPay is not a professional services firm of any sort (not a debt collector, tax advisor nor a financial advisor).  If you are in need of professional advice, we recommend you to seek independent professional advice.

 

27.      Notices and Other Communications

27.1    Any notice you send to QuickaPay must be sent to our office address as follows.

Quicka Pty Ltd TA/S QuickaPay

Level 8, 11 York Street,

Sydney NSW 2000 Australia

27.2    If you wish to contact us for any other reason (other communications), you may send us an email to the following email address:

Email: hello@quickapay.com

27.3    You agree to receive all notices and communications from us in electronic form.  Notices and other communications will be sent to your nominated email address in your QuickaPay Account application or by text messages to your nominated mobile phone number in your QuickaPay Account application, whilst some communications may be posted on QuickaPay Website.  Alternatively, we may send notices or other communications to your last known correspondence address by post or by serving personally.

27.4    You agree that:

(a)        where a notice is served personally, service of the notice is taken to be effected when delivered;  

(b)       where a notice is sent by post, service of the notice is taken to be effected on the third day of postage if posted locally or on the seventh day of postage if posted internationally; and

(c)        where a notice is sent by email or other electronic means, service of the notice is taken to be effected on the day on which it is sent, unless we receive notification that delivery has failed.

27.5    You consent to us using the contact details you have provided to us to:

(a)        contact you on an ongoing basis for marketing purposes whether by phone, by post or by electronic means; or

(b)       contact you in relation to your access to and use of QuickaPay Account or our services,

unless you have notified us that you do not wish to receive such communications.

27.6    You acknowledge that QuickaPay and its third party service providers may monitor or record communications with you (including telephone conversation and electronic communication) for quality control and training purposes or for protection of QuickaPay or its third party service provider’s rights. QuickaPay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

 

28.      No Other Relationship

28.1    QuickaPay is an invoicing and payments platform.  By accepting these T&Cs, you do not enter into any partnership, joint venture, agency or employment relationship with QuickaPay unless otherwise specified in these T&Cs.