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Privacy Policy

Quickwire Pty Ltd (ACN 643 016 086) trading as Payspace (Payspace) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws.

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy.

In this Privacy Policy, “we”, “our” and “us” refers to Payspace and “you” refers to any individual about whom we collect personal information.

What information does Payspace collect about you?

The types of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us.

When you create an account to use our payment services (whether on behalf of an organisation or as an individual wishing to use our services to make a payment), we will collect your name, email address and password.

(a)        Clients and prospective clients

When you enquire about our services or when you become a client of Payspace, a record is made which includes your personal information.

We will typically collect the following information:

(i)         your name, phone number, e-mail address, postal address and other contact details;

(ii)        information about your employer or the organisation, which you represent;

(iii)       your professional details, such as your job title; and

(iv)       any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Payspace.

(b)        Individuals making payments via our service

If you are making a payment via our service, we will collect your name, address and phone number. We may also collect the credit card and/or bank account information of the person making the payment including bank account details and routing codes. If you are making a payment to an educational institution, we will also collect your student ID number, the name of your educational institution, date of birth and invoice number or university payment reference number. 

If someone is making a payment on your behalf, we may collect these details from them, rather than directly from you.

We may also collect your personal information from third parties who assist us to provide our services, such as banks, other financial institutions and service providers (for example credit card providers and payment processors) to facilitate payments on your behalf or to process chargebacks. Details collected include account holder name, account number and routing codes, if applicable. 

Your personal information may also be collected from educational institutions using our payment services so that we may communicate with you and facilitate payments on the educational institutions’ behalf.

(c)        Prospective employees or applicants

We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.

We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may conduct background checks to determine your suitability for certain positions (for example, where handling finances).

If you become an employee, we will collect your Tax File Number and superannuation fund details.

(d)        Other individuals

Payspace may collect personal information about other individuals who are not users of Payspace’s services. This includes service providers and contractors to Payspace, and other individuals who interact with Payspace on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with Payspace. Generally, it would include your name, contact details, job title, employer details and information regarding our interactions and transactions with you.

(e)        Visitors to our website

The way in which we handle the personal information of visitors to our website at www.payspace.com.au is discussed below.

You can always decline to give Payspace any personal information we request, but that may mean that we cannot provide you with some or all of the services you have requested. If you have any concerns about personal information we have requested, please let us know.

How and why does Payspace collect, use and disclose your personal information?

Payspace collects personal information which is reasonably necessary to carry out our business, to assess and manage our clients' needs, and provide services including facilitating payments. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you or third parties and managing client relationships.

The purposes for which Payspace usually collects, uses and discloses personal information depends on the nature of your interaction with us, but may include:

(a)        providing our services, including processing payments and informing you of the status of payments you have made (or which have been made on your behalf);

(b)        communicating with you about our services, for example, to send you payment reminders

(c)        authenticating the identity of users of our services;

(d)        administering billing and debt recovery;

(e)        developing and maintaining relationships with organisations which use our payment facilities;

(f)         responding to requests for information, other general inquiries and complaints;

(g)        researching, developing and expanding our services, including making improvements to users’ experiences and new service development;

(h)        statistical analysis and reporting;

(i)         direct marking purposes;

(j)         recruitment processes, such as assessing applications for employment;

(k)        training staff, contractors and other works;

(l)         for the prevention of fraud;

(m)       risk management and management of liabilities and claims (for example, liaising with insurers and legal representatives);

(n)        obtaining advice from consultants and other professional advisers;

(o)        responding to subpoenas and other legal orders and obligations; and

(p)        any other purposes which you would reasonably expect or which are permitted by law.

We may de-identify your personal information so that all personal identifiers are removed, such as your name and contact details. Once de-identified, the information is no longer personal information and can be used for other purposes.

Payspace may disclose your personal information to financial institutions and to entities which use our payment services.

Payspace may also disclose information to third parties we engage in order to provide our services, including contractors and service providers used for payment processing, data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance and development, printing, archiving, mail-outs, and market research located in Australia or overseas.

Personal information may also be shared between related and affiliated companies of Payspace, located in Australia and overseas.

Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies.

If Payspace sells or purchases any business or assets, your personal information may be disclosed to the prospective buyer/seller. If Payspace (or substantially all of its assets) is acquired by a third party, your personal information held by Payspace may be an asset which is transferred to the buyer.

We may use and disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

How does Payspace interact with you via the internet?

You may visit our website at www.payspace.com.au without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to Payspace will be managed in accordance with this Privacy Policy.

Payspace's website uses various types of cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our website and on third-party websites.

You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.

Payspace's website may contain links to third-party websites over which we have no control. These third-party websites are not subject to this Privacy Policy. Payspace is not responsible for the content or privacy practices of websites that are linked to our website. When you access another website, we strongly suggest you review the privacy policy or notices on those external websites. The inclusion of links to third party websites on our website in no way constitutes an endorsement of the websites’ content or policies.

Can you deal with Payspace anonymously?

Payspace will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for Payspace to deal with individuals anonymously or by pseudonym on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our services.

How does Payspace hold information?

We take such steps as are reasonable in the circumstances to maintain the integrity of your personal information and to store it securely to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure. 

All data is processed and stored in Hong Kong

Payspace stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

Payspace maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use Secure Socket Layer (SSL) encryption on our website when information is being transmitted, firewalls  and other security systems such as user identifiers and passwords to control access to our computer systems.

Despite the above measures, please note that we cannot guarantee the security of your personal information. Users of our website are encouraged to exercise care in sending personal information via the internet.

To the extent permitted by law, we take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose under this Privacy Policy, except in circumstances where we are required or authorised to retain this personal information (including as a result of the operation of tax, financial services or other applicable law).

Does Payspace use  your personal information for direct marketing?

Payspace may use  your personal information for the purpose of informing you about our services, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.

If you opt-out of receiving marketing material from us, Payspace may still contact you in relation to its ongoing relationship with you.

Does Payspace disclose your personal information overseas?

Payspace is part of a global business and works with its related companies, clients and service providers, across the globe. Accordingly, it is likely that your personal information will be disclosed to overseas recipients.

Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

Entities which are related entities of Payspace or are otherwise affiliated with Payspace, have operations in the People’s Republic of China at locations in mainland China andHong Kong In circumstances where your information is disclosed to overseas recipients, those recipients are likely to be located in countries in the regions in which Payspace and its related entities and affiliates operate.

How can you access or seek correction of your personal information?

You are entitled to access your personal information held by Payspace on request. To request access to your personal information, please contact our Privacy Officer using the contact details set out below.

You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about your correction request.

What should you do if you have a complaint about the handling of your personal information?

You may contact Payspace at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

You may make a complaint about privacy to the Privacy Officer at the contact details set out below.

Our Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

Individual Rights Under the EU GDPR

If you are located in the EU, you have the following additional rights:

·         The right to information – you can request confirmation about the following: whether your personal information is being processed by us; the purpose of processing; the categories of personal information which are processed; the recipients (or types of recipients) who may receive the  personal information; the anticipated retention period of the personal information; and your rights to rectification, erasure, to restrict (or object) to processing and to lodge a complaint with a data protection supervisory authority in the EU.

·         The right to object to our processing of your personal information for (i) direct marketing purposes; (ii) for scientific, historical research or statistical purposes; or (iii) where our processing is based on legitimate interest grounds or because it is in the public’s interest. We will respond to your objection request within a month. However, there may be some circumstances where we are not required to stop processing your personal information. If this is the case, we will provide you with a written explanation.

·         The right to restrict processing – in some circumstances, you can request us to restrict our use of your personal information in which case we will not use or disclose your personal information while it is restricted. We will respond to your restriction request within a month.

·         The right to erasure – you can request us to erase your personal information where it is no longer required for a purpose for which it was collected or where, for example, you have exercised successfully your right to object to processing. We will respond to your erasure request within a month.  However, where there are legal or other reasons for us to retain your personal information, we will provide you with a written explanation.

·         The right to data portability you can request us to provide you with a copy of the personal information you have provided to us. We are required to provide it to you in an electronic format that can be reused easily. You can also request us to transfer your personal information in an electronic format to another entity.

You can exercise any of these rights by contacting us using the contact details below.

You also have the right to:

·         access your personal information and request the correction of your personal information (see “Accuracy and requests for access and correction of personal information” above); and

·         lodge a complaint with a data protection authority if you are unhappy with the outcome of a privacy complaint. The “Complaints” section above explains our complaints handling process.  A list of EU data protection authorities is available at https://ec.europa.eu/.

How changes are made to this Privacy Policy?

Payspace may amend this Privacy Policy from time to time. We recommend that you visit our website regularly to keep up to date with any changes. If we make material changes to our Privacy Policy, we will provide notice of the changes on our website or by email, before the changes take effect.

How can you contact Payspace?

You may contact us as follows:

Privacy Officer

Quickwire Pty Ltd

3202 St Martins Tower, 31 Market Street

Sydney, NSW 2000, Australia

Email: privacy@payspace.com.au

Tele: +61 2 8066 8958

 

Last updated: 18 November 2020

 


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User Terms – PAYSPACE
Version: 18 November 2020

 

1.                The Agreement

1.1             These User Terms form an agreement between Quickwire Pty Ltd ACN 643 016 086 trading as PAYSPACE (referred to as PAYSPACE, we, us or our) and a person registering to be a user of our services (referred to as User, you or your) (Agreement).

1.2             This Agreement governs your access to and use of:

(a)              the online platform accessible at www.payspace.com.au provided by PAYSPACE (Platform); and

(b)              any services provided through the Platform (Services), including:

(i)                facilitating payments to be made by Students in a particular currency to Educational Institutes and other related billers (Payment Recipient) for tuition fees and related expenses, such as accommodation fees in another currency (Payments);

(ii)               facilitating the tracking of Payment receipts by the Payment Recipients; and

(iii)              such other services that we may provide from time to time.

1.3             Please read this Agreement carefully. By using the Platform or the Services, you agree to be bound by this Agreement and the Policies.

1.4             Clause 17 contains the definitions of certain terms used in this Agreement.

1.5             If you do not agree with the terms of this Agreement or any of the Policies, including our privacy policy at https://www.payspace.com.au/about/PrivacyPolicy, you must not access or otherwise use the Platform or the Services or any information or materials contained on the Platform.

1.6             We may change or amend this Agreement from time to time. If we amend or change the Agreement, you will be notified the next time you visit the Platform and asked to confirm that you agree to the amended terms. If you do not agree to our amendment(s), you must immediately stop using the Platform and the Services.


2.                How the Platform and Services Work

2.1             By using the Platform and/or Services or by otherwise communicating with PAYSPACE by electronic methods, you consent to the use of an electronic or digital signature as a means of executing any document or communication with PAYSPACE. You further acknowledge that you have read, understood, approve of and agree to, the content and information in the document and/or communication to which your electronic or digital signature has been applied.

2.2             You acknowledge and accept that you will be responsible for the security of your account ID and password and the use of your electronic or digital signature and accept that PAYSPACE is not liable for any use of your account ID, password and/or electronic or digital signature by a third party (whether authorised by you or not). You accept that any use of your electronic or digital signature in any document or communication with PAYSPACE will be deemed to have been made by you and as such, you accept that you will be bound by the terms of any document or communication to which your electronic or digital signature has been applied.


3.                Eligibility and Registration

3.1             You must not use the Platform if you:

(a)              are not able to form legally binding contracts; or

(b)              are under the age of 18; or

(c)              a person barred from receiving and rendering services under the laws of Australia; or

(d)              are suspended from using the Platform.

3.2             You must create an Account to:

(a)              gain full access to the Platform and fully use the Services; or

(b)              if you are a Student - make Payments; or

(c)              if you are a Payment Recipient - track the receipt of Payments.

3.3             Account registration requires you to provide certain information, including, personal information, a valid payment method, and a username and password (User Information). You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects. If your details or information changes, you must notify us immediately. You can update or correct your details or information at any time via the Platform or by contacting us.

3.4             You are required to keep your User Information confidential. You are responsible for all activity that occurs on your Account. If you suspect that there has been unauthorised access to your Account, you must contact us immediately at support@payspace.com.au.

3.5             We may, at our absolute discretion, refuse to register a person as a user.

3.6             You agree that we may send you administrative and/or promotional emails regarding your Account, the Platform, the Services and Payments if you have created an Account or have otherwise provided your email address to us.

3.7             Once you have created an Account, we will send a confirmation email to your nominated email address to confirm the details of your Account.

3.8             If you do not wish to receive further emails from us, you can send a request to support@payspace.com.au. Unsubscribing from our email list does not cancel your Account.

3.9             PAYSPACE is not liable for any loss suffered as a result of you not receiving our emails, including as a result of you not providing us with a complete, accurate or correct email address, or as a result of your firewall or filter settings.


4.                Collaboration with Service Providers

4.1             PAYSPACE does not hold an Australian Financial Services Licence and cannot give financial advice or provide any financial products. PAYSPACE does not, and is not able to, receive, hold, process or transfer any funds on your behalf and does not act as a money remitter.

4.2             Payments are facilitated through our third party service providers, which may include credit card processors, creditor card schemes (such as Visa and Mastercard), local banks, foreign exchange providers, locally licensed payment solution providers, and other service providers (each a Service Provider).

4.3             You acknowledge and agree that all Payments will be processed with the assistance of our Service Providers.

4.4             You agree that any Payment processing services provided by a Service Provider will be provided to you directly by the Service Provider acting in its own capacity, and that the Service Provider is not acting on our behalf or as our agent, partner or in any other capacity, nor are we acting as our Service Providers’ agent, partner or in any other capacity.


5.                Making Payments

5.1             By making a Payment, you authorise us to share any information and payment instructions you provide through our Platform with our Service Providers to the extent required to complete your Payment, including your personal information.

5.2             If you are a Student, the agreement between you and the Payment Recipient determines the amount you owe the Payment Recipient and the payment terms such as the payment due date and the amount owed. We are not party to those agreements and have no authority or control over the terms of such agreements.

Submitting a Payment

5.3             You may make a Payment by providing the required Payment details and submitting them through the Platform.

5.4             When providing the Payment details, you must diligently follow the instructions contained in the invoice you have received from the Payment Recipient. You must either take the instructions to your financial institution or, if available, process the wire transfer or direct debit via your financial institution’s online portal. Our Service Providers may make available additional options for you to initiate a wire transfer/direct debit through their services. We do not have access to your bank account. If your Payment fails or if you have insufficient funds, you must resubmit the Payment.

5.5             By entering the required Payment details, you authorise us to facilitate the transfer of the Payment amount to the Payment Recipient with the assistance of our Service Providers. If, as a result of your Payment authorisation, we are charged insufficient funds fees, chargeback or reversal fees, or other similar fees by your banking institution, you must reimburse us for all such fees.

Credit and Debit Card Payments

5.6             The Platform may make available to you the option to pay the Payment Recipient by credit or debit card. If this option is available, your card will be charged in the currency you select during the payment process for the amount of the Payment and any applicable banking fees or charges. Such fees or charges will be disclosed to you before you submit the Payment.

Foreign currency exchange

5.7             The exchange rate applied to a particular Payment is effective only for that Payment. If you wish to make additional Payments, a different exchange rate, including service fees, may apply.

5.8             PAYSPACE may, in its sole discretion and at any time, cancel an authorised Payment due to material changes in the applicable exchange rate or due to other circumstances beyond our control. In such instances, you will be notified of the cancellation and have the option to resubmit the Payment with us at a newly quoted exchange rate. If delivery of the funds you have paid has been initiated, you will receive a refund of the amount sent to us. The refund will be delivered to your originating payment account as soon as practicable.

Payment Receipt

5.9             When you have made a payment through our Platform, you will receive an email notification.

Delays and Availability

5.10           We make no representations or warranties regarding the time by when the Payment will be processed or whether we will be able to process the Payment at all. Our ability to process a Payment depends on various factors outside of our control. For example, your Payment may be delayed or cancelled because we or our Service Providers cannot within a reasonable time or at all:

(a)              verify your identity, verify your banking institution or other third party service provider through which you transfer the funds;

(b)              validate your Payment instructions;

(c)              contact and locate you; or

(d)              otherwise comply with internal protocols of verification of identity against government-issued sanctions or watch lists, or any other applicable international, national, federal, state, or local law.

5.11           The Platform may not be available to all Users at all times.

5.12           We retain the right to refuse Payments that are made by certain payment instruments, from certain payers, from certain third-party Service Providers or to certain Payment Recipients. This include payers and Payment Recipients located in areas under economic or trade sanctions and Payments that would contravene the Australian Department of Foreign Affairs and Trade’s Consolidated List, which may be found at https://www.dfat.gov.au/international- relations/security/sanctions/Pages/consolidated-list, and any other such sanctions or watch lists issued by intergovernmental organisations or domestic regulatory authorities worldwide.

Refunds

5.13           We are not able to refund any Payments that have been completed on our Platform. The Payment Recipient to which you have made a Payment will determine your eligibility for a refund. You, therefore, should contact the Payment Recipient directly for further details on obtaining a refund.

5.14           If the Payment Recipient authorises a refund, the refund may be processed through the Platform and our Service Providers to the originating account in the originating currency. When processing any refunds, our Service Providers have sole discretion to determine the applicable foreign exchange rate and fees applicable to the processing of the refund. Due to exchange rate fluctuations and / or an applicable fees or charges, the amount you receive back may be less than the amount you paid in the original Payment. Subject to applicable regulations and policies of our Service Providers, we may not be able to refund to you an amount that exceeds the amount paid in the original Payment. We may charge additional fees, including a 1% refund processing fee, that apply to the processing of your Payment refund.

Additional Requirements depending on your location and payment destination

5.15           Additional requirements may apply depending on from which country you make the Payment or in which country the Payment Recipient is located. The additional requirements are set out in Schedule 1 to this Agreement (as amended from time to time).


6.                Service Fees

6.1             There are no fees for creating an Account.

6.2             PAYSPACE and its Service Providers will charge fees for facilitating and processing a Payment (Service Fees). Our Service Providers may or may not display the Service Fee to be charged on the Platform prior to you submitting the Payment. However, the Payment amount shown on the Platform will be inclusive of all Service Fees payable to us and our Service Providers.

6.3             In addition to the Service Fees, PAYSPACE may generate revenue based on the difference in exchange rate applied by its Service Providers.

6.4             You acknowledge and agree that payment of the Service Fees will be taken automatically at the time that the Payment is made by you through the Platform by adding the Service Fees to the Payment amount.


7.                Using the Platform

7.1             While using the Platform and/or receiving the Services, you must not:

(a)              infringe any laws or third party rights;

(b)              engage in any fraudulent, illegal or actionable behaviour;

(c)              post false, inaccurate, misleading, defamatory or offensive Content (including personal information);

(d)              access the accounts of other users of the Platform;

(e)              transfer your Account (including feedback) and username to another party without our consent;

(f)               distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

(g)              distribute viruses, trojans or any other technologies that may harm PAYSPACE, the Platform or the interests or property of Service Providers and other PAYSPACE users or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

(h)              download and aggregate listings from our website for display with listings from other websites without our express written permission, ‘frame’, ‘mirror’ or otherwise incorporate any part of the Platform into any other website without our prior written authorisation;

(i)                attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform and / or the Services;

(j)                copy, modify or distribute rights or content from the Platfrom or PAYSPACE’s copyrights and trademarks;

(k)              harvest or otherwise collect information about Service Providers or other PAYSPACE users, including email addresses, without their consent;

(l)                use the Platform to advertise or promote third party or your own products or services;

(m)             perform any act which may damage our reputation or bring our business into disrepute; or

(n)              advocate, encourage or assist any third party in doing any of the above.

7.2             You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission.

7.3             Additionally, you agree that you must not:

(a)              take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

(b)              interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Platform or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(c)              copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Platform without the prior express written permission of PAYSPACE and the appropriate third party, as applicable;

(d)              interfere or attempt to interfere with the proper working of the Platform or any activities conducted on or with the Platform; or

(e)              bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

7.4             You are responsible for obtaining the necessary telecommunication and data services, and acquiring and updating compatible devices, to access and use the Platform and / or the Services.


8.                Additional terms for Agents

8.1             We may make certain functionalities available on our Platform to agents acting for Students or other payers in the educational sector (Agents), including, but not limited to, a dashboard that, among other functionalities, permits Agents, with respect to Students or other payers on whose behalf the Agent works, to:

(a)              create payment orders;

(b)              view the status of Payments; and

(c)              make payments to Payment Recipients that are clients of PAYSPACE.

8.2             If you are using our Platform as an Agent, you represents and warrants that:

(a)              you are authorised under the applicable laws of the relevant jurisdiction to:

(i)                act on behalf of the person on whose behalf it is acting (Principal);

(ii)               make Payments on behalf of the Principal through our Platform; and

(iii)              provide us with data and information regarding the Principal;

(b)              all data and information provided by you to us is accurate and complete.

8.3             If you are using our Platform as an Agent, you acknowledge and agree that you are responsible for ensuring that all amounts owed to the Payment Recipient by the Principal on whose behalf you are acting are paid to that Payment Recipients in accordance with the terms of this Agreement.


9.                Suspension or termination

9.1             We may in our sole discretion at any time and without notice:

(a)              suspend a Service or the Platform;

(b)              cancel, reject, or suspend a Payment or the Account of a User; and

(c)              remove, edit, or modify any Content appearing on the Platform,

in the following cases:

(d)              you breach or do not comply with this Agreement;

(e)              we suspect on reasonable grounds that you have breached or might or will breach any term of this Agreement;

(f)               in cases where PAYSPACE suspects fraud or error;

(g)              in cases where PAYSPACE suspects that there has been misuse of the Platform or the Services or use of the Platform or the Services to conduct any illegal activity;

(h)              we are required to do so by law or by order of ASIC or any other regulatory body; or

(i)                for any other reason (whether or not it relates to you or your conduct).

9.2             We may in our sole discretion permanently or temporarily prevent or terminate your use of the Platform or Services, or terminate this Agreement with you.

9.3             You may terminate this Agreement at any time by emailing us at support@payspace.com.au and requesting termination or by deleting your Account.

9.4             If this Agreement is terminated for any reason, the termination will not affect any rights or obligations which accrued to any party before the time of termination, including the obligation to pay, and our right to be paid, the Service Fees.

9.5             PAYSPACE’s rights as set out in this clause 8 do not prejudice any other right or remedy PAYSPACE may have in respect of any breach or any rights, obligations or liabilities which accrue prior to termination of this Agreement.


10.             Intellectual property

10.1           All Intellectual Property Rights in

(a)              the Platform, including the PAYSPACE logo, all Platform design, text, graphics, software, photos, music, sounds, underlying source code and software; and

(b)              the Services or any part of them,

are owned by or licensed to PAYSPACE and you must not, and must not attempt to, obtain or register ownership or title to any such Intellectual Property Rights. Nothing in this Agreement or on the Platform constitutes a transfer or licence of any such Intellectual Property Rights to you.

10.2           We do not have any ownership rights over Content that you submit to us for inclusion on the Platform. By submitting any Content to us, you grant to PAYSPACE a perpetual, royalty-free, non-exclusive, irrevocable, sub-licensable and transferable licence to use, edit, modify, prepare derivative works of, reproduce, publish, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully utilise such Content and your Intellectual Property Rights in that Content in connection with:

(a)              the Platform;

(b)              the Services;

(c)              PAYSPACE’s businesses; and

(d)              promoting, marketing, and redistributing part or all of the Platform (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party platforms),

(the Licence).

10.3           By submitting Content to us for inclusion on the Platform, you represent and warrant to us that such Content does not infringe any third-party Intellectual Property Rights and that you are legally entitled to grant the Licence to us.

10.4           The Licence survives the termination of this Agreement.


11.             Representations, guarantees and our liability

11.1           By using the Platform or any of the Services, you represent and warrant that:

(a)              you are 18 years of age or over and that you are legally capable of entering into this Agreement with PAYSPACE;

(b)              your use of the Platform or any of the Services complies with all applicable local, state and federal laws, rules and regulations as well as any treaties which apply to your use of the Platform or Services;

(c)              if you access or use the Platform and/or Services from a place outside Australia, you will comply with all applicable laws of that place;

(d)              any information you provide to us is true, accurate and correct, and not misleading or deceptive in any way; and

(e)              you are authorised to use, or are the owner of, as applicable, any bank account, credit or debit card, or other payment method used to initiate a Payment through the Platform.

11.2           To the fullest extent permitted by law:

(a)              PAYSPACE does not warrant that the Platform or Services will be uninterrupted, error-free, secure or free from interception or that the servers hosting the Platform and facilitating the Services will be free from any virus or other harmful elements, and PAYSPACE is not liable to you in relation to any interruptions or omissions in connectivity or internet services relating to the Platform or Services;

(b)              PAYSPACE excludes all representations, warranties, terms and conditions, whether express or implied (including those implied by statute, custom, law or otherwise) except as expressly set out in this Agreement;

(c)              PAYSPACE excludes all liability for any damages or loss suffered by you (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss) however caused (including damage or loss arising in contract, tort (including negligence), statute or otherwise) in connection with:

(i)                your use of or reliance on the Platform, the Services and/or its/their continued availability; and

(ii)               any exercise of PAYSPACE’s rights under clause 8;

(d)              your use of the Platform (including all Content on or obtained from the Platform) and/or the Services is at your sole risk.

11.3           PAYSPACE does not exclude or restrict any liability:

(a)              to the extent that this is not permitted under the Competition and Consumer Act 2010 (Cth); or

(b)              for breach of the consumer guarantees in the Australian Consumer Law (if those guarantees apply to any goods or services we provide to you).


12.             Indemnity

You agree to indemnify PAYSPACE, its related bodies corporate (as defined in the Corporations Act), and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages , obligations, losses (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss, and including damage or loss arising in contract, tort (including negligence), statute or otherwise), liabilities, costs, debts and expenses (including legal fees and costs) arising from or as a result of or relating to your use of the Platform or any of the Services, including a breach by you of this Agreement or any Policy, or a breach of any of the representations, warranties or promises you give in this Agreement or any violation of applicable law or court order.


13.             Privacy

13.1           Your privacy is important to us. We hold your personal information in accordance with our Privacy Policy (accessible at https://www.payspace.com.au/about/PrivacyPolicy), the terms of which form part of this Agreement. By using the Platform and/or any of the Services, you agree to the use and collection of your personal information in accordance with the Privacy Policy.

13.2           As set out in our Privacy Policy, we may disclose your personal information overseas, such as where a Service Provider resides overseas.

13.3           Overseas recipients of your personal information are not subject to Australian law, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles. The laws applying to such overseas recipients may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information.

13.4           By accepting these Terms, you:

(a)              consent to the disclosure by us, of your personal information overseas in accordance with our Privacy Policy; and

(b)              acknowledge that we will not be accountable under the Privacy Act for such disclosure and that you will not be able to seek redress under the Privacy Act.

13.5           If you become aware of, or suspect that there has been, an unauthorised access to, or unauthorised disclosure of Personal Information (as defined in the Privacy Act), or Personal Information has been lost in circumstances where unauthorised access to, or unauthorised disclosure of, the Personal Information may occur (collectively, a Data Breach), then you must promptly notify us of the Data Breach.


14.             Third Party Sites

14.1           We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).

14.2           We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.

14.3           Any link to a Third Party Site does not imply that:

(a)              the Third Party Site is in any way affiliated with us;

(b)              the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or

(c)              we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.

14.4           We take no responsibility for any Third Party Site accessed via the Platform. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.

14.5           If you decide to use the link to access a Third Party Site, you leave the Platform at your own risk.


15.             General matters

15.1           This Agreement, together with the Policies (including the Privacy Policy), constitutes the entire agreement between you and us in connection with its subject matter and supersede all previous agreements or understandings between you and us in connection with their subject matter.

15.2           If the whole or any part of a provision of this Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of this Agreement is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction

15.3           Clauses 10, 11, 12 and 13 of this Agreement, along with any provisions that are expressed to survive, or by their nature are intended to survive, termination or expiry of this Agreement, shall survive termination or expiry of this Agreement.

15.4           PAYSPACE does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by us of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.  A waiver of a right, power or remedy must be in writing and signed by us.

15.5           PAYSPACE is not liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including lightning, fire, flood, severe weather, strike, lock-out, labour dispute, act of God, pandemic, epidemic, war, riot, civil commotion, malicious damage, or failure of any telecommunications, satellite, computer or global positioning system.

15.6           You may not assign or transfer or delegate or otherwise deal with any of your rights or obligations under this Agreement. PAYSPACE has the right to assign, delegate or otherwise deal with all or any of its rights or obligations under this Agreement to any person.

15.7           This agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by entering into this agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.


16.             Interpretation

In this Agreement, headings are for convenience only and do not affect interpretation, and unless otherwise stated:

(a)              the singular includes the plural and vice versa and a gender includes other genders;

(b)              other grammatical forms of a defined word or expression have a corresponding meaning;

(c)              a reference to a clause or Part is to a section or Part of this Agreement;

(d)              a reference to this Agreement includes the Agreement as novated, altered, supplemented or replaced from time to time;

(e)              a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;

(f)               a reference to a person includes a natural person, partnership, firm, body corporate, trust, joint venture, association, governmental or local authority or agency or other entity;

(g)              a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(h)              specifying anything in this Agreement after the words “includes”, “including”, “for example” or similar expressions does not limit what else is included in this Agreement.


17.             Definitions

Capitalised terms not otherwise defined in this Agreement have the following meanings:

Account means the account you open when you register on the Platform.

Agreement has the meaning given in clause 1.1.

ASIC means the Australian Securities & Investments Commission.

Content means information, statements, representations, material, images, logos, photographs, graphical content, audio, file, data or any other content but does not include any Content that incorporates Intellectual Property Rights owned by PAYSPACE.

Corporations Act means the Corporations Act 2001 (Cth).

Educational Institutes mean organisations who provide students with educational services for payment.

Inactive Account means an Account that has not been logged into for a continuous 12 months period.

Intellectual Property Rights means statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions, patents, plant varieties, registered and unregistered trade marks, registered and unregistered designs, circuit layouts and confidential information, but does not include moral rights that are not transferable.

Licence has the meaning given in clause 10.2.

Payment has the meaning given in clause 1.2.

Platform means the online platform operated by PAYSPACE and available at www.payspace.com.au and any related service, tool or application.

Policies means any PAYSPACE policies that feature on the Platform from time to time (and as amended from time to time), and includes the Privacy Policy.

Privacy Policy means the PAYSPACE Privacy Policy (accessible at https://www.payspace.com.au/about/PrivacyPolicy).

PAYSPACE or we or us or our means Quickwire Pty Ltd ACN 643 016 086 trading as PAYSPACE.

Service Fees has the meaning given in clause 6.

Service Provider means an independent provider of payment or related services.

Services means any services and facilities provided on or through or by means of the Platform or associated with the Platform.

Students mean individuals who receive educational services in exchange for a fee.

you means you (whether you are an individual or an organisation) and, where the context permits or requires, includes a Fundraiser or Investor and anyone acting on behalf of the aforementioned persons with their express or implied authority.


 

Schedule 1 (Additional Requirements)

No.

When    Additional Requirements do apply

Additional    Requirements

1.  

N/A

Currently none specified.

 


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