Terms and conditions
Access to this web site including the Online User Services (the Site) is conditional upon your acceptance of and compliance with the terms, conditions, notices and disclaimers contained in this document (known as Terms and Conditions). Your use of, and/or access to, the Site constitutes your agreement to the Terms and Conditions.
eftpos Payments Australia Limited (ABN 37 136 180 366) (eftpos) reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them.
1. Intellectual Property
1.1 Intellectual property and restrictions on use of Content on the Site
All information, text, material, graphics and advertisements on the Site (Content) are protected by copyright.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by eftpos. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may:
- using an industry-standard web browser, download and view the Content for your personal, non-commercial use; or
- if you are an internet service and/or access provider, supply the Content to your subscribers.
You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Site.
eftpos does not claim any ownership in any content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store using the Online User Service. You grant to eftpos and to all other users of the Site, a licence to use that content, in connection with the Online User Service. You also agree that, in accessing or using content of another user, you must agree to respect any conditions that apply to that content, having regard to that user’s classification of that other content, received by you directly from that user. Further, you grant to eftpos a non-exclusive, royalty-free, irrevocable licence to use, reproduce any content that you introduce to the Site (and warrant that you have the right to do), for the following purposes:
- Promotion or marketing of the Site or eftpos;
- Technical development or data testing of the Site;
- Monitoring or investigation of activity using the Site;
- Compliance with legal or regulatory obligations;
- Provision of indexing, searching or cataloguing facilities or services; and
- Any other purposes notified to you in these terms.
You must not circumvent, or attempt to circumvent, any Technological Protection Measure that is applied to any other user’s content (whether applied by eftpos or another person). You must not alter, remove or otherwise interfere with any Rights Management Information applied to another user’s content that is made available through the Online User Service. “Rights Management Information” and “Technological Protection Measure” have the same meaning as those terms as defined in the Australian Copyright Act 1968.
You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of eftpos or which is prohibited by the Terms and Conditions.
1.2 Trade marks
All unattributed trade marks displayed on the Site are trade marks of eftpos or their respective owners. Nothing contained on the Site grants any license or right of use of any trade mark displayed on the Site without the express written permission of the trade mark owner.
The Site, from time to time, may contain hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of eftpos, and eftpos is not responsible for the content of any linked web site or any hyperlink contained in a linked web site. eftpos provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any recommendations or endorsement of the linked web site by eftpos. You link to any web site entirely at your own risk.
The Competition and Consumer Act 2010 (C’th) and similar State and Territory trade practices legislation in Australia may confer rights and remedies on you in relation to the provision by eftpos of services on the Site which cannot be excluded, restricted or modified (Non-excludable Rights). eftpos does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all Content (and any Online User Services) are provided “as is” and without warranties of any kind, either express or implied;
- eftpos does not warrant that the functions contained in any Content, Online User Services or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components;
- eftpos does not warrant or make any representation regarding your access to, or the results of your access to, the Site or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
- you (and not eftpos) assume the entire cost of any necessary verification of any Content or the maintenance, repair or correction of any relevant Content uploaded by you.
4. Limitation of liability
Under no circumstances (including but not limited to any act or omission on the part of eftpos) will eftpos be liable for any indirect, incidental, special or consequential damages or loss of profits, loss of discount, loss of business opportunity or harm to image whatsoever (whether arising under contract, in equity or under statute or an indemnity) which result in any way from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that eftpos does not exert control over users of the Site and is not liable for their opinions or their behaviour including any information and/or advice and any statements they make or conduct in which they may engage whilst on the Site.
6. Online User Service
This clause applies to registered users who are able to access areas of the Site that eftpos grants access to limited people (Online User Service). In order to access our Online User Service, you must be a registered user authorised by eftpos for online services with a password (User). For the purposes of these Terms and Conditions and the Unacceptable Behaviour Policy, the term “Content” includes the information and documents loaded using the Online User Service.
- Confidential Information means any documentation or information whether provided on paper, electronically, verbally or otherwise and whether marked as confidential or otherwise, that relates to a party to this Agreement and that party’s personal, financial or business affairs or this Agreement. Confidential Information includes but is not limited to intellectual property, information that is secure Member content, the product of any research, customer lists, financial information, and business plans of eftpos or one of is members or the member’s related bodies corporate;
- Technical development or data testing of the Site;
- Where a User comes into possession of Confidential Information relating to another party (including but not limited to eftpos or one of its members or the member’s related bodies corporate) (Disclosing Party), the User must not, and must ensure that its associates, contractors, agents, advisers and employees do not do any of the following:
- Disclose that Confidential Information to any third party without the prior written consent of the Disclosing Party, or unless required by law.
- Use the Confidential Information except to the extent necessary for the purposes of your access to the Online User Services.
- Use the Confidential Information in any way or at any time to the detriment of the Disclosing Party.
The obligations in this clause 6.2 survive the termination of the Agreement.
6.3 Your obligations
- You must:
- promptly notify eftpos if you believe or suspect that the Online User Services have been compromised or are being used in a manner that breaches the Agreement;
- provide current, accurate identification, contact, and other information that may be required as part of the sign-up process or continued use of the Online User Services;
- ensure your use of the Online User Service does not contravene the Unacceptable Behaviour Policy;
- maintain the confidentiality of your account password and accept full responsibility for all activities that occur with your account. Where the current account details or password are provided, eftpos is entitled to assume that the access is by you, or authorised by you, and you indemnify eftpos completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details or password) to your account;
- respect the privacy and personal information disclosed by other users and use any personal information disclosed only for the purpose for which it was disclosed.
- You must not do, and you must not authorise or encourage any third party to do, any of the following:
- prevent other Users from using the Online User Service;
- use the Online User Service for any illegal, fraudulent or inappropriate purpose;
- use the Online User Service in any other way that violates the Unacceptable Behaviour Policy;
- alter, remove or otherwise interfere with any permissions applied by another user;
- interfere with or construct your own system to access the information on the Online User Service; or
- act in any way that violates the Agreement.
- You acknowledge and agree to each of the following:
- the Online User Service is only provided to you for so long as you continue to have a current and valid account and remain entitled to have an account;
- eftpos reserves the right to modify, suspend or discontinue any part of the Online User Service with or without notice at any time and without any liability to you.
- eftpos reserves the right to access, read, preserve, and disclose any information as eftpos reasonably believe is necessary to do any of the following:
- You must promptly notify eftpos of any actual or suspected breach of security related to the Online User Service, including, but not limited to, unauthorised use of your password or account.
- To help ensure the security of your password or account, please sign out from your account at the end of each session and regularly change your password ensuring to keep your new password secret.
6.5 Warranties and indemnity
- You warrant to the best of your knowledge that the materials and information provided to eftpos:
- are true, correct and current;
- are able to be disclosed by you;
- do not infringe the rights of any third party;
- are able to be legally provided to eftpos and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person;
- you have all necessary right, power and authority to enter into the Agreement.
- You acknowledge that you have not relied upon or been induced by any representation by eftpos and eftpos make no warranty or representation as to:
- the results that may be obtained through the Online User Service;
- the accuracy, reliability or otherwise of any information obtained through the Online User Service;
- the Online User Service or network being uninterrupted, timely or error free; or
- whether your use of the Online User Service is legal.
- You indemnify and keep indemnified eftpos and our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon your use of the Online User Service and any breach of any warranty or other term of the Agreement.
- This agreement is governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
- All rights not expressly granted are reserved.
- A failure or delay by eftpos to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by eftpos does not preclude it’s future exercise or the exercise of any other power or right.
- A notice or other communication connected with this Agreement (Notice) has no legal effect unless in writing. In addition to any other method of service provided by law, the Notice may be posted on the eftpos site and is deemed received on the next business day following posting.
- eftpos may amend these Terms and Conditions at any time by uploading an amended Terms and Conditions which apply from the time of uploading.
7.2 Dispute resolution
All questions or disputes relating to this Agreement should be submitted to eftpos in writing. We will endeavour to resolve any disputes expeditiously. All interpretations of the terms of this Agreement shall be at eftpos’s sole discretion. eftpos’s error is not a breach of these terms.
Unacceptable Behaviour Policy
The following acts are prohibited in using or in connection with the Online User Service:
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Transmit content or use the Online User Service that in the opinion of eftpos acting reasonably may be considered harmful to or inappropriate for minors.
- Impersonate another person (via the use of an email address or account) or otherwise misrepresent yourself or the source of any email or communication.
- Use eftpos to violate the legal rights (such as rights of privacy and publicity) of others.
- Promote, encourage or participate in illegal or unlawful activity.
- Interfere without cause in the reasonable enjoyment by other users of the Online User Service.
- Create multiple user accounts, create user accounts by automated means or otherwise engage in false, fraudulent, deceptive or misleading conduct in respect of user identity.
- Sell, trade, resell, transfer or otherwise attempt to dispose of a eftpos account, or otherwise exploit any content on the Online User Service for any unauthorised commercial purpose.
- Modify, adapt, translate, or reverse engineer any portion of the Online User Service.
- Remove any copyright, trade mark or other proprietary rights notices contained in or on the Online User Service.
- Reformat or frame any portion of any web page that is part of the Online User Service.
- Create third party software without the permission of eftpos.
- Misrepresent eftpos or the Online User Service as being associated with content with another website, web service, software service, software or other service without eftpos’s prior permission.
- Breach of Terms and Conditions.
Feedback for breach of the Unacceptable Behaviour Policy either in copyright infringement or abuse or any breach should be directed to firstname.lastname@example.org.
You are prohibited from generating or facilitating unsolicited commercial communication (“Spam“). This includes, but is not limited to:
- sending communication in violation of Australia’s Spam Act 2003 or any other applicable anti-Spam law;
- imitating or impersonating another person or email address or eftpos account, or creating false accounts for the purpose of sending Spam;
- data mining any web property (including eftpos) to find email addresses or accounts;
- sending unauthorised mail or communication via open, third-party servers;
- sending emails or communication to users who have requested to be removed from a mailing list or your contact list;
- selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
- sending unsolicited emails or communications to significant numbers of email addresses or accounts belonging to individuals and/or entities with whom you have no pre-existing relationship.