Thank you for choosing to create an online account (BizPay Account) with BizPay Group Pty Ltd (ACN 633 797 627) (BizPay, we, us). BizPay may provide you with services from time to time (BizPay Services). You can use your BizPay Account to access the Services and in some cases, this may be required prior to receiving Services. These account terms (Account Terms) set out the terms and conditions that apply to you opening, using and closing a BizPay Account.
By requesting BizPay to open a BizPay Account, you acknowledge and agree to these Account Terms. If you do not agree to these Account Terms, you will not be able to open a BizPay Account.
(a) When you request to receive BizPay Services, we may require you to open a BizPay Account that is attributable to you and your interaction with BizPay.
(b) To be eligible to open a BizPay Account you must:
(c) Despite anything in these Account Terms, we may in our sole discretion refuse to open a BizPay Account for you.
(d) Once created, you will be able to gain access to your BizPay Account by using our Website. When you create a BizPay Account, you will be prompted to provide your email address and select a secure password (which you will be required to confirm). Once created, you may subsequently access your BizPay Account using your email address and secure password.
(e) You are responsible for maintaining the security of your BizPay Account details, including by not disclosing your password to any other person. BizPay has no responsibility for unauthorised access or use of your BizPay Account unless, after investigating any breach, it is determined that BizPay has failed to take reasonable steps to prevent the unauthorised access or use.
(f) You acknowledge and agree that if a person accesses any BizPay Services (including instructing us to initiate transactions on your behalf) by using your BizPay Account (whether with or without your authorisation), that person will be deemed to act on your behalf and that will not affect your obligations under any agreement with us, regardless of whether:
(a) Prior to opening a BizPay Account or providing you with access to certain BizPay Services, we may be required to undertake certain assessments or background checks (for example, checks regarding your financial circumstances prior to providing you with any credit).
(b) All assessment criteria are determined by BizPay in its absolute discretion, from time to time.
(c) BizPay‘s assessment may involve making enquiries as to your financial circumstances and performing certain verification of your financial information, which may involve obtaining credit information and credit reports from various credit reporting bodies. Our processes for undertaking these credit assessments and disclosing any of your personal information with credit reporting bodies is set out in BizPay‘s Credit Reporting Policy (available here).
(a) As part of the global initiative to combat financial crime, in particular money laundering and terrorism financing we have regulatory obligations under various anti-money laundering and counter-terrorism financing laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Laws).
(b) Prior to opening a BizPay Account or providing you with access to certain BizPay Services, we will undertake customer due diligence (CDD) processes which will include collecting and verifying identification and ownership information about you, your officers, beneficial owners and any other associated individuals or entities as required under the AML/CTF Laws. This may include personal information, including full names, home addresses, phone numbers, email addresses, dates of birth, countries of residence, nationality, government issued identification, tax identification number, bank account information, a liveness video or photograph, the purpose of the transaction and the source of your funds (KYC Documents).
(c) You agree to provide all KYC Documents and reasonable assistance to us in complying with our obligations under the AML/CTF Laws. We may refuse to provide you with access to a BizPay Account and the BizPay Services if you do not assist us in complying with the AML/CTF Laws.
(d) You acknowledge and agree that we may use your KYC Documents to make enquiries with third parties that are necessary to verify your identity. You agree that we may disclose your KYC Documents (including any personal information) for this purpose.
(e) The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional KYC Documents, and we will not be able to provide you with access to certain BizPay Services until the information requested is provided in a timely manner and to our satisfaction.
(f) You confirm that all KYC Documents and information you provide to us are accurate and complete. You agree to notify us of any changes to any KYC Documents or information you have provided.
By holding a BizPay Account, you agree that you will:
(a) pay any applicable fees associated with your use of your BizPay Account and any BizPay Services;
(b) not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to you or any of your officers, employees or shareholders);
(c) ensure any information about you or any of your officers, employees or shareholders, including contact details, is true, current and complete. If any information you provide to us changes, you must immediately update it through your BizPay Account;
(d) provide to us (if requested and in a timely manner) all documentation relating to the identity of your officers, shareholders and other persons that may control you;
(e) not use your BizPay Account or any BizPay Services for any unlawful, fraudulent or improper activity;
(f) cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your BizPay Account;
(g) be aware of and pay any taxes that may apply to your use of any BizPay Services;
(h) not permit others, unless authorised by you, to use your BizPay Account, or allow anyone else to have or use your account details;
(i) not use any technology (device, software or hardware) to damage, intercept or interfere with your BizPay Account or our Website;
(j) immediately contact us if you believe that your BizPay Account may be subject to unauthorised access, account takeover or other type of fraudulent activity or security breach;
(k) authorise us to disclose card-related profile and payment behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and
(l) not open or use more than one BizPay Account.
Where you request your BizPay Account to be connected to the platforms and interfaces operated by third party providers (as supported by BizPay from time to time), you acknowledge and agree that any such connection will be subject to you providing consent to certain terms and conditions, including data and personal information sharing, as notified to you before the connection is established. You must agree to any such terms and conditions in order to connect your BizPay Account.
(a) You may request to close your BizPay Account by contacting us. You may only request to close your BizPay Account if:
(b) You may not close your BizPay Account to evade investigations of any nature and your BizPay Account will remain open pending the finalisation of all investigations, if applicable.
(c) We may suspend or close your BizPay Account either temporarily or permanently for any reason, within our reasonable discretion, including, without limitation, where:
(d) We will use our best efforts to provide written notice to you before suspending or closing your BizPay Account, except where doing so may compromise any investigation related to your breach of any terms and conditions between you and us, or any unlawful or improper conduct by you.
(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to your BizPay Account that are not contained in these Account Terms, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph (a):
(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(e) If any guarantee, term, condition or warranty is implied into these Account Terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Account Terms or your BizPay Account whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.
(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(a) We will not be liable for any loss (including consequential and economic loss), damage, cost or expense suffered or incurred by you as a direct or indirect result of anything we do or fail to do, apart from a failure to do something which we are expressly required to do by the Terms and Conditions. This does not include a loss which is caused by our negligence, fraud or wilful misconduct, or that or our agents, contractors, officers or employees.
(b) All warranties, representations and guarantees in relation to the services we provide (including guarantees in connection with the continuous, uninterrupted or secure access to our services and representations or warranties regarding the period of time needed to complete processing of transactions) are excluded to the maximum extent permitted by law. Our liability for a breach of an implied warranty, representation or guarantee that by law cannot be excluded is limited (at our option) to the supplying of the service again or the payment of the cost of having the service supplied again when the law permits that limitation.
(c) To the full extent permitted by law:
(d) BizPay and each BizPay Affiliate, or any third party providing services on behalf of BizPay, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any Services from a Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 7.3(c) above). You acknowledge that any business related claims you may have in respect of the Services purchased from a Supplier will be a matter between you and the Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with the Agreement and our agreement with the Supplier.
(e) To the extent permitted by law, a party’s liability to the other party under or in connection with an Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
(f) The parties will take all reasonable steps to mitigate any loss incurred by them under an Agreement.
(a) You are responsible to BizPay and any BizPay Affiliate to the extent they are involved in our provision of services to you for any claim, demand, loss, costs (including reasonable legal fees), expenses or damage they suffer or incur:
(b) You must indemnity and keep indemnified BizPay and those BizPay Affiliates against any claim, demand, loss, costs (including reasonable legal fees), expenses or damage they suffer or incur for any reason outlined in paragraphs (i), (ii) or (iii).
(c) Your liability under clauses 8(a) and 8(b) will be reduced proportionately to the extent that BizPay, its contractors or agents or the BizPay Affiliate caused or contributed to the relevant claim, demand, loss, cost, expense or damage.
(d) This clause 8 survives termination of any Agreement.
(a) These Account Terms and any other agreement you have with us may be provided electronically. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (Communications) that we provide you. We will provide you with these Communications to you by posting them on our website, emailing them to you at the email address you provided, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. Where a Communication is sent through electronic means, service is taken to be effective on the day on which it is sent.
(b) Alternatively, we may choose to give Communications to you by serving it personally at, or sending it by post to, your nominated business or postal address listed on your BizPay Account.
(c) Where a Communication is served:
(d) You consent to us using your contact details to:
(e) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for our own protection. We do not provide any guarantee that any such monitoring or recording will be retained or retrievable.
Except as otherwise notified to you, you may contact us through the following details:
(a) Calling us on: 1300 4 249 729
(b) Emailing us at: email@example.com
(c) Mailing us at: Level, 55 Clarence Street, Sydney, NSW 2000 Australia.
(a) We may revise these Account Terms from time to time. We will notify you of any such revisions by publishing a new version of the Account Terms on the Website and notify you on your BizPay Account or by email. Any subsequent use of your BizPay Account will constitute your acceptance of the revised Account Terms. If you do not agree, you must close your BizPay Account.
(b) Additional terms and conditions may also apply to your use of the BizPay Services. All such additional terms and conditions apply in addition to, and prevail over, these Account Terms.
(c) If any part of these Account Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(d) These Account Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.
(e) Nothing in these Account Terms limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these Account Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
(f) Subject to paragraph (e), these Account Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.
(g) Neither party will be liable for any failure or delay in performing any of its obligations under these Account Terms if such delay is caused by circumstances beyond that party’s reasonable control.
(h) The provisions of these Account Terms which by their nature survive termination or expiry of these Account Terms will survive termination or expiry of these Account Terms.
(i) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
(j) The word “including” when used in these Account Terms is not a term of limitation.
The following definitions apply:
Account Terms means these terms and conditions.
AML/CTF Laws has the meaning given in clause 2.1(a).
BizPay, we, us or our means BizPay Group Limited (ACN 633 797 627).
BizPay Account means the online account created for you on the Website to enable you to access BizPay Services.
BizPay Services means the services that BizPay may provide you from time to time through your BizPay Account.
CDD means customer due diligence.
Communications has the meaning given in clause 7.1(a).
KYC Documents has the meaning given in clause 2.1(b).
Non-Excludable Provision has the meaning given in clause 6(e).
Website means www.bizpay.com