Privacy & Acceptable Use Policy
Our most important priority is your security, and we go to extreme lengths to protect it. We use the same SSL encryption that the banks use and have a world class service protecting us and you. We have in place both technical and procedural QA, and we are committed to maintaining this high level of security.
All communications are encrypted high security SSL certificate. Sensitive data is stored in a cryptographically strong manner.
We’re always on the look-out to make sure we detect fraudulent activity by cross-referencing transaction data with global security network partners
Your credit card details are stored in an encrypted way and no one ever sees these details – not even us. Card data is stored on a PCI Compliant, Level 1 DSS certified payment system, and we use equivalent or stronger encryption than the banks do in many cases. If for any reason you would like to remove your data from QPay, just email us and we’ll be happy to help.
QPay is committed to maintaining the confidentiality, integrity and security of all personal information of our users. This Privacy & Security Policy outlines how we protect personal information provided through QPay and its Service (the “Service”)
“Personal information” for purposes of this Policy means information that identifies you, such as your name, phone number, or email address.
QPay stresses its privacy and security standards to guard against identity theft and provide security for your personal information. We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We strive to maintain best-practice security practices based on industry standards.
WE LIMIT THE COLLECTION AND USE OF PERSONAL INFORMATION
Certain areas and features of QPay are available to you without registration or the need to provide to us any information. However, other features of the Service may require registration, which involves providing your name, phone number, email address and a password (collectively the “Registration Information”).
In order to benefit from the full functionality of the Service, you also must provide your third-party account credentials (“Account Credentials”) to allow QPay to deposit money or send money (“Account Information”) for your use.
From time to time we may request other personal information to provide you with other benefits of the Service. In all such instances, you will be given the opportunity to provide or to decline to provide that information, and it will be used only for the stated purpose. QPay may make anonymous or aggregate personal information and disclose such data only in a non-personally identifiable manner to:
Advertisers and other third parties for their marketing and promotional purposes, such as the number of users who applied for a credit card or how many users clicked on a particular offer;
Organisations approved by QPay that conduct research into consumer spending; and
Users of the Service for purposes of comparison of their personal financial situation relative to the broader community.
Such information does not identify you individually. Access to your Registration Information, Account Credentials, Account Information and any other personal information you provide is strictly restricted and used in accordance with specific internal procedures and safeguard governing access, in order to operate, develop or improve the Service. These individuals have been selected in accordance with our security policies and practices and are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We may also use third party vendors or service providers to help us provide the Service to you, such as sending email messages on our behalf or hosting and operating a particular feature or functionality of the Service.
Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they’re providing. We require such third parties to maintain the confidentiality of the information we provide to them.
ONLINE SESSION INFORMATION AND USE IS ONLY USED TO IMPROVE YOUR EXPERIENCE
When you use QPay, we may collect technical and navigational information, such as computer browser type, Internet protocol address, screens used, and average time spent on our Application. This information may be used, for example, to alert you to software compatibility issues, or it may be analysed to improve our design and functionality.
We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyse user activity on QPay. We may permit these service providers to use technologies to perform these services for QPay. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Privacy and Security Policy.
THIRD PARTIES OFFERING OTHER PRODUCTS OR SERVICES WILL NOT BE GIVEN YOUR PERSONAL INFORMATION WITHOUT YOUR PERMISSION
CONTESTS, GIVEAWAYS AND SURVEYS
From time to time, QPay may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, QPay may also ask you to participate in surveys designed to help QPay improve the service. Any personal information provided to QPay in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.
DISCLOSURE OF YOUR INFORMATION TO PROTECT OUR RIGHTS OR IF REQUIRED BY LAW
Notwithstanding the foregoing, QPay reserves the right (and you authorise QPay) to share or disclose your personal information when QPay determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:
To prevent prohibited or illegal activities; or
When required by any applicable law, rule regulation, subpoena or other legal process.
If through the use of the QPay service you are suspected by us of performing or have performed fraudulent transactions using our service, you authorise us to collect any and all personal information (including but not limited to location data, phone number and name data) at any time via technical means or otherwise, for legal or other purposes, and agree that we may contact you, relevant parties, or third parties via any means to resolve any potential issues arising, and that we may disclose any collected information that may help in this process.
YOUR DATA MAY BE TRANFERRED UPON CHANGE OF CONTROL BY ONLY IN ACCORDANCE WITH THIS POLICY
Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganisation or other change of control. If we sell, merge or transfer any part of our business, part of the sale may include your personal information. If so, you will be asked if you’d like to continue receiving promotional information following any change of control.
YOU CAN TRANSPORT OR DELETE YOUR DATA
Your data is yours. You can remove it anytime you want. When you request us to delete your account for the Service, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We will also promptly disconnect any connection we had established to your Account Information and delete all account credentials. However, portions of your data, consisting of aggregate data derived from your Account Information, may remain on our production servers indefinitely, where such data cannot identify you in any way. Your data may also remain on a backup server or media, however such data will be in a format that cannot identify you as a person. QPay keeps these backups to ensure our continued ability to provide the Service to you in the event of malfunction or damage to our primary production servers. We also reserve the right to use any aggregated or anonymous data derived from or incorporating your personal information.
EMAIL COMMUNICATIONS FROM US
We provide our registered customers with weekly summaries of their Account Information and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting QPay or third-party goods or services.
QPay subscribers have the ability to opt-out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.
YOUR DATA IS SECURE
We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect QPay accounts and systems from unauthorised access.
When you register for the Service, QPay requires a password from you for your privacy and security. QPay transmits information such as your Registration Information for QuicklPay.it or Account Credentials securely.
No employee may put any sensitive content on any insecure machine (i.e., nothing can be taken from the database and put on an insecure laptop). QPay tests the service regularly for any failure points that would allow hacking.
However, it is important to understand that these precautions apply only to our service and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party services.
OUR SERVICE ENSURES SECURE COMMUNICATION WITH ENCRYPTION
From the time you submit your Login detials, these communications between your computer and QPay are encrypted. This enables client and server applications to communicate in a way that is designed to prevent eavesdropping, tampering and message forgery.
You are responsible for maintaining the confidentiality of your login details.
We will work closely with you to ensure a rapid and personal response to your concerns.
WE POST UPDATES WHENEVER THERE IS A CHANGE TO THIS POLICY
We update this Privacy & Security Policy periodically. The date last revised appears at the top of the Policy. Changes take effect immediately upon posting.
OUR AGREEMENT WITH YOU
This User Agreement is a contract between you and QPay and only applies to your use of our QPay. This Agreement does not apply to your use of the QPay payments application (and its related services) that is currently only available to residents in Australia, the United Kingdom, and the United States.
Our Service standard. We provide our Services to you subject to the terms of this Agreement and with reasonable skill and care.
Please note the following important information: As this Agreement sets out legally binding terms which apply to your use of our Services, please read and make sure that you are comfortable with them both before they become binding on you and each time you use our Services. If you do not agree to any part of this Agreement, please do not use our Services. This Agreement contains certain limitations, risks as well as guidance on the proper use of our Services. To help you with your review, we highlight below some of the key provisions which you should read and understand before using our Services.
Clause 2: Who we permit to use our Services
Clause 4: QPay ServicesTM description
Clause 9: Restricted Activities
Clause 10: Your obligation to comply with all laws
Clause 11: Actions we may take against you
Clause 13: Amounts you may owe us / compensation
Clause 14: Important Disclaimers related to your use of our Services
Clause 15: Allocation of risk and limitations on our liability
Clause 16: Disputes
Clause 21: Contact Us
2. Who we permit to use our Services
To use our Services you must be 18 years or older as well as a resident of a country or region in Australia, United Kingdom, and the United States (Permitted Region) . You must also use the Services in your Permitted Region and only with credit, debit or prepaid cards issued by financial institutions in your Permitted Region.
3. Third Party Agreements
MySmock Pty Ltd is the provider of the Services. You acknowledge and agree that this Agreement is between you and MySmock Pty Ltd and not with any other third party (including, but not limited to, Apple¬©, Google¬©, any mobile carrier / mobile network operator, or any Participating Merchant (as defined below)), and that we are solely responsible for the Services.
To use our Services you may need to enter into separate agreements with third parties. Your use of the Services may be subject to separate agreements you may enter into with:
your mobile device operating system provider (e.g., Apple, Google or Microsoft¬©);
your mobile device manufacturer (e.g., Apple, Samsung¬©);
your mobile service carrier / mobile network operator (e.g., Vodafone, Telstra); and/or
other parties involved in providing your mobile device and related services.
The persons referred to above, together with our Participating Merchants (defined below) are referred to in this Agreement as Covered Third Parties. You agree to comply with all applicable third party agreements (including those you enter into with your Covered Third Parties) when using the Services.
4. QPay Services description
QPay provides a convenient and secure method for you to save your payment card numbers and data, and additionally allows you to provide these numbers and data to certain merchants‚Äìonly when you choose to do so‚Äìwhen you make a purchase with them.
How it Works
You may start using our Service whenever you are entering payment data inside an app of a Merchant that participates in the QPay service by agreeing to also save that same payment data with the QPay Service. We refer to these merchants as Participating Merchants and their QPay enabled applications as Participating Apps. QPay allows you to save that payment information (e.g. your credit or debit card number) for later use with that same Participating Merchant and gives you the option to use your saved payment information with other Participating Merchants and their Participating Apps. There is no charge to you for use of QPay; however, your use of QPay may be subject to data usage charges from your mobile carrier / mobile network operator.
How to modify or delete your saved payment information and contact us if your device is lost or stolen
Periodically, you may wish to modify or delete your saved payment method information (for example, to update an expired card or add a new payment method). To modify or delete your saved payment information, you may do so within a Participating App. If you are in a Participating App, to modify or delete data, navigate to either a payment page, or the payment settings for that Participating App. Note that even if you remove your payment information from QPay, we may not delete all data that we have stored on your phone or device.
It is your responsibility to keep the mobile device you use with our Services safe, secure and within your control. We also strongly advise you to protect your mobile device with a password which you keep strictly confidential and which is not easily guessed from information someone might know or guess about you, or which has a meaning. Please also change your mobile device password regularly in order to reduce a security breach of your mobile device. While no payment data is stored on your phone or device, and any data stored on your phone or device is encrypted, should your phone or device be lost or stolen, we recommend that you contact your payment method issuer and replace your financial instruments to avoid any potential unauthorised use of them.
We and our corporate group companies do not commit to maintaining any Participating Merchant within QPay for any period of time and we and/or our group companies reserve the right to change Participating Merchants at any time in our sole discretion. In the event that a Participating Merchant elects to cease participation in QPay, we will not continue to provide your data to such merchant. However, usage of data, if any, that you have already provided through QPay to such merchant will be subject to that merchant own privacy policies which we suggest you carefully review before using their services.
You must ensure the accuracy of your payment information
You acknowledge that you are responsible for the accuracy of all data submitted to us using our Services, including but not limited to, the accuracy of your payment method details. We shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to you sending an incorrect payment amount or sending a payment to an incorrect recipient.
Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers/Network Providers. The QPay Service works via applications linked to a particular device and operating system, such as Apple‚Äôs iOS operating system. We are solely responsible for only providing maintenance and support services for the Services. Covered Third Parties have no obligation to provide maintenance or support services for our Services. Participating Merchants are solely responsible for updating their Participating Apps with the latest software updates of QPay as provided by us from time to time. Your phone service provider is not the provider of the QPay Services.
No warranties from Covered Third Parties. Covered Third Parties have no warranty obligations whatsoever with respect to the Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty provided by us, if any, will be our sole responsibility.
Covered Third Parties are not responsible for providing our Services. We, and not any Covered Third Parties, are responsible for addressing any claims relating to the Services, including, but not limited to:
product liability claims;
any claim that a Service fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection or similar legislation; and
intellectual property claim.
Please see the Contact Us section below (clause 21) for how to contact us on any matter referred to above.
Rights of other parties
If you are using our Services on an Apple device, you acknowledge and agree that Apple, and Apple‚Äôs subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights also accrue to other handset manufacturers and operating systems which participate in the Services. Other than our group companies and the persons referred to in this clause, no other third parties shall be treated as third party beneficiaries under this Agreement.
6. Intellectual Property
QuicklyPay.it, GetQPay, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of us or our licensors. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of QPay. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by us through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to us or the Service or display them in any manner that implies our or any of our corporate group‚Äôs sponsorship or endorsement. All right, title and interest in and to the QPay website and any content thereon is the exclusive property of us and our licensors.
Certain other product or service names, brand names and company names may be trademarks of their respective owners.
7. Fees and Taxes
Our fees for using QPay. We do not charge you a fee if you act as a buyer when using our Services, unless notified otherwise prior to payment
Third party costs and fees. You are responsible for all costs and fees associated with your agreements you enter into with Covered Third Parties or other third parties. For example, if you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. We are not liable for these costs and services.
Authorising your saved payment methods To verify and/or confirm the payment methods you have saved with us, we may conduct an authorisation check on each or all of them. This authorisation check may involve a very small amount ($1AUD or approximate currency equivalent) of the funds accessed via your payment method being unavailable for use. Any funds made unavailable as part of this process will be released within a few days. By using our Service you agree that we may conduct such authorisation checks and you will not hold us liable for any losses you may suffer as a consequence of your funds being unavailable while this check is being carried out.
If you receive information about another QPay user through the Service, you must keep the information confidential and only use it in connection with the Service. You may not disclose or distribute a QPay user‚Äôs information to a third party or use the information for marketing purposes unless you receive the user‚Äôs express consent to do so.
Children‚Äôs Privacy. We do not knowingly solicit or collect information from children. We refer to children as individuals who are not of legal age to give consent to the collection and protection of their personal information. For certain regions, this can mean anyone under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in clause 21 (Contact Us).
9. Restricted Activities
In connection with your use of our website, the Services, or in the course of your interactions with us, a user or a third party, you will not do any of the following which we refer to as Restricted Activities:
break this Agreement, any agreement you have entered into with the issuer of your payment method registered with us, any agreement you have entered into with a Covered Party, or any other agreement that you have entered into with us (including a policy) (other than merely trivial breaks);
violate any law, statute, ordinance, or regulation;
infringe our or any third party‚Äôs copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, libel (trade or otherwise), unlawfully threatening or unlawfully harassing;
use our Services to facilitate the sending or receipt of what is potentially fraudulent funds (as determined by our reasonable belief based on objective evidence and/or valid suspicion);
refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us; use an anonymizing proxy;
control a payment method that is linked to another account or payment method that has engaged in any of these Restricted Activities;
use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, another party, a third party or you;
use our Services in a manner that we, Visa, MasterCard, American Express, Discover and/or any other applicable card and payment scheme reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
use our Services to provide yourself a cash advance from your credit card (or help others to do so);
disclose or distribute another of our user‚Äôs Personal Information to a third party, or use the information for marketing purposes unless you receive the users express consent to do so;
send unsolicited email to a user;
facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; and/or
use the Service to test credit card behaviours.
10. Your obligation to comply with all laws
You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations. Please ensure that you do not use our Services for the purpose of carrying out transactions with persons that you know or suspect as being illegal or otherwise in contravention of any laws which may apply to you in your jurisdiction.
11. Actions we may take against you
If we have reason to believe (based on our actual or suspected knowledge backed by evidence) that you have or may have, engaged in any Restricted Activities, made excessive or unexplainable transactions, violated any parts of this Agreement (including if you provide us with any incorrect and/or misleading information), we may take various actions to protect us, another user of our Services, a third party, or you from any and all liabilities. The actions we may take include but are not limited to the following:
we may close, suspend, or limit your access to the Services (such as limiting access to any of your payment methods information or remove financial information);
we may contact users who you have used our Services to facilitate your sending of a payment, contact your bank or credit card issuer, contact any applicable Covered Parties and warn other users, law enforcement, or impacted third parties of your actions;
may update inaccurate information you provided us;
we may refuse to provide our Services to you in the future;
and we may take legal action against you.
If we limit or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we consider that you violated this Agreement (based on our reasonable belief backed by evidence), restoration is at our sole discretion. Nothing in this clause limits your rights to complain about our decisions (whether via our customer service channels or making a claim against us further to clause 16 (Disputes)).
12. The duration of our Agreement and how we may each end it
Duration of our Agreement. Our Agreement starts from the time you have agreed to and accepted it and continues until it is terminated in the manner set out in this Agreement. There is no minimum duration of this Agreement.
You may stop using our Services at any time. You may stop using the Service at any time by discontinuing your access and use of the Services and/ or contacting us via firstname.lastname@example.org. Please note clause 4.1(b) on how to modify or remove your saved payment information. 12.3
Our right to terminate our Agreement with you. We may, in our sole discretion, terminate this Agreement, or to terminate your access to the Services for any reason and at any time. Nothing in this clause reduces our rights set out in clause 11 (Actions we may take against you).
13. Amounts you may owe us / compensation
In this clause we use the legal term indemnify which is used to mean to compensate someone for harm or loss they may suffer.
You agree to defend, indemnify and hold harmless QPay, its parent, affiliates, officers, directors and employees from any Losses made or incurred by any third party due to or arising out of your breaking the terms of this Agreement and/or your use of the Services. 13.3
We are not liable for the consequences of you choosing to share any payment details on social media or within the QPay Service, and you agree to hold us harmless and indemnify us from any Losses arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
For the purpose of this clause 13, the term: Losses means all net costs reasonably incurred by us or the other persons referred to in this clause 13 which are the result, and which a reasonable person would consider to be the probable result, of the matters set out in clauses 13.2 and 13.3 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees. Such losses may include the costs incurred by us in tracing you, telling you about, and taking steps to deal with your breaking our Agreement and enforcing payment of any amount due to us. However, any claim for Losses under this clause are not permitted to allow the situation where we or the other parties who have been granted the indemnity are compensated twice over for the same loss (eg for loss of costs and profit if claiming for both losses leads to being compensated twice).
You agree that we are entitled in our sole and absolute discretion to accept, dispute, compromise or otherwise deal with any claim, alleged claim, loss or liability which is made against us.
14. Important Disclaimers related to your use of our Services
We are not a party to the agreements you enter into with Covered Third Parties. We are not a party to your agreements with Covered Third Parties and we have no responsibility for the goods and/or services provided by Covered Third Parties or any other third parties. We will not mediate disputes between you nor enforce or execute the performance of any such contracts.
We merely store information to facilitate payment processing. QPay does not in any way:
act as or provide the services of a bank or other financial institution,
insure, endorse, or assume any liability for products or services you purchase or use by means of QPay,
move or transmit payment instructions, and/or
control or have any liability for payments, returns, refunds, chargebacks, declined transactions, or any responsibility with respect to questions or disputes you may have with any Participating Merchant. Please view each Participating Merchant policies for more information on how your payments will be processed.
Information on our websites is for informational purposes only. Our websites may feature third party offers and enable product searches. We do not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on our websites are accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by us of any product, service or supplier.
Other important warranties and disclaimers
General disclaimer. While we will aim to maintain an uninterrupted Service, our Services are provided on an "as is" / "as available" basis. Neither do we, nor any Covered Party promise that your access to our Services will be delivered uninterrupted, completely accurately or reliably, securely, timely or error-free, or that our Services will be free from viruses or other harmful properties if due to circumstances outside our control; or if we are required to suspend or alter our Service to protect the interests of any innocent party. This means that our responsibility to you is limited if there are interruptions to our Services including, but not limited, to system failures or other interruptions that affect our Services. Further, there may be legitimate reasons as to why alleged defects in our Services may not be remedied. If you are dissatisfied with our Services, you may choose to discontinue using our Services and at any time in the manner set out in clause
We note that it is your choice and within your control as to which Participating Merchant you transact with when using our Services, together with which payment service provider or other service provider (such as your mobile device provider) you contract to receive services. Accordingly, and in addition to the other provisions of this Agreement, we do not represent or endorse, and shall not be responsible for: the reliability or performance of any Participating Merchant, payment service provider or third party provider (including Covered Parties); the safety, quality, accuracy, reliability, integrity or legality of any products or other goods and/or services offered by a Participating Merchant or other Covered Parties; and/or
the truth or accuracy of the description of any products, goods and/or services offered by a Participating Merchant or other Covered Parties, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid via our Services.
No liability for Content. We disclaim any liability or responsibility for errors or omissions in any Content. We reserve the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in our reasonable view based on legitimate evidence or suspicions is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement. We are not liable for payment processing or other related payment services. We are not a party to your agreements with your payment service providers nor third party providers (including any Covered Party) and bear no liability for the authorisation or non-authorisation of payment transactions, the processing time of payment transactions by payment service providers or for any chargebacks, reversals, or other liabilities or charges arising between you and the payment service providers. You may have remedies against your payment service provider of such matters and we recommend that you review your arrangements to be informed of such matters. You are solely responsible and liable for (and we shall not be responsible or liable for) your communications, contracts, agreements, arrangements and/or disputes with and/or entered into with payment service providers or third party providers. In particular, you are responsible for maintaining the cost of repairing and maintaining the device you use with our Services. Any such communications, contracts, agreements, arrangements and/or disputes are specifically and solely between you and the applicable payment service provider and/or third party provider. Payment service providers may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them. The collection and use of such additional information may be governed by the privacy policies of the applicable payment service provider, and we strongly recommend you to review any such privacy policies.
No responsibility for user identity. User verification on the internet is very difficult. We also take no responsibility to investigate the background of, nor guarantee or confirm the identity of, any users or Participating Merchants of the Service. We strongly encourage you to conduct your own research and investigation of any other user you transact with by using our Services.
We reserve the right to reverse charges in the event of fraudulent behavior, or unpaid settlements by event organisers. 15. Allocation of risk and limitations on our liability
General. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, refunds that are unpaid by the event organisers, and other liability incurred by us, a QPay user, or a third party caused by or arising out of your breaking a term of this Agreement, and/or your use of the Services. You agree to reimburse us, a user, or a third party for any and all such liability. You also acknowledge that you are responsible for the accuracy of any information you provide us (including payment method details). We are not responsible nor in any way liable where you have failed to provide the correct and valid information. We are also not liable for: (a) the actions of any party to a transaction that you subsequently enter into with by using our Services; (b) our Services not working properly and you knew about this when you used our Services; and/or (c) any failure by your payment service provider or other party to provide you with accurate information which you then submit to us.
Allocation of risk: how we may be liable to you
Our liability. If we break a term of this Agreement, we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our break of this Agreement or our negligence, and we are not responsible for any loss or damage that is not directly foreseeable, nor our fault. Loss or damage is directly foreseeable if they were an obvious consequence of our break or if they were contemplated by you and us at the time we entered into this Agreement.
Why our liability is limited. As is common with other service providers (particularly those which provide services at no or very little cost), we look to limit our liability. We would not be able to provide our Services to you if our liability were not restricted in some way. In limiting our liability we are aware that there are other service providers that also provide services similar to ours (with little or no charge) and that you can stop using our Services at your discretion in accordance with the terms of this Agreement.
Our cap on liability. Except as expressly referred to in this Agreement, our, our group companies (and their respective directors, officers, owners, co-branders, or other partners, information providers, licensors, licensees, consultants, employees, independent contractors, agents and other applicable third party service providers) total liability to you exceed AUD$1.00 (or its currency equivalent in the domestic currency of the Permitted Region where you are resident) ("Liability Cap"). You should understand that the effect of this section is that we (and the other persons mentioned in this provision) are not generally obliged to pay compensation in respect of any claims made against any of us above the Liability Cap. However, there are exceptions to this and the operation of the Liability Cap is impacted by other provisions of this clause.
Exceptions to our Liability Cap. Nothing in this Agreement excludes or limits our liability if you suffer losses as a result of:
death or personal injury caused by our negligence;
our fraud or fraudulent misrepresentation; and
a breach of any obligations on us that are implied by the law that relate to title or quiet enjoyment of the sale of a good or service; and for other liabilities which cannot lawfully be excluded or limited. While we consider to have noted these types of liabilities above, there may be other such liabilities which cannot be lawfully excluded which may apply in the future and we wanted to make sure they were also not subject to the Liability Cap.
No liability for business type and other losses. We only supply our Services to you for private use as a consumer. You agree not to use our Services for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Disputes with us. If a dispute arises between you and us, our goal is to learn about your concerns and address them and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and us regarding our Services may be reported by emailing us at email@example.com
Releasing us from third party claims. If you have a dispute with one or more QPay Participating Merchants relating to payment, QPay is not responsible for any such dispute and you hereby release us (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and not foreseeable) of every kind and nature arising out of or in any way connected with such disputes.
Governing law and jurisdiction This Agreement is governed by the laws of the State of New York of the United States of America. This means that this Agreement and any dispute or claim arising out of or in connection with it will be governed by New York law. You agree with us that, as you are a consumer, the courts in the Permitted Region where you are resident will have non-exclusive jurisdiction. This means that if you are a resident in England, you may bring proceedings in England.
17. Our license to you
18. Changes to this Agreement
We may make changes to this Agreement on the basis that you are able to end the Agreement without charge by us.
We may change the terms of this Agreement for any or all of the following reasons:
to make a change to your benefit, or not affecting your rights or obligations;
correct errors, omissions, inaccuracies or ambiguities;
to reflect terms of new products or services, or changes to existing products or services;
to reflect changes to the structure of our group companies;
cover service differences due to new IT or other processes;
reflect changes in customer demands or requirements;
bring us into line with market practice;
to respond proportionately to changes in the general law;
to meet any of our regulatory requirements;
to respond proportionately to changes in any requirement under any payment services provider or card and/or payment scheme or our requirements under our agreements with our third party service providers;
to reflect new industry guidance and codes of practice which raise standards of consumer protection; and/or
to proportionately reflect other legitimate cost increases or reductions associated with providing a particular product or service
Notifying you. Any changes to the terms of this Agreement will be provided to you by posting a revised version of the Agreement on our website. The revised version will be effective at the time we post it unless it contains "material changes". For this purpose a "material change" means a change which does not include a change which:
is to your benefit;
is required to be made to comply with applicable laws or the requirements of any card or payment scheme and/or regulator; and/or relates to a new product of service made available to you.
If we make material changes to our Agreements with you, we may communicate the material changes to you on our website with twenty one (21) days prior notice to you before the changes become effective. In some circumstances we will still give you notice of a material change (for example by posting a revised Agreement on our website), but we may make the change effective at any earlier date.
By using the Services after a new or revised Agreement has been posted on our website or after the end of a material change notice period, you agree to the revised Agreement. If you do not wish to continue with the Agreement with the change, you must stop using our Services by contacting us in accordance with the procedure set out in clause 12.2.
19. Survival of terms after our Agreement has ended
In the event of termination of this Agreement or the Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to this provision and the disclaimers and limitations of liabilities / allocation of risks.
20. No liability for events outside our control/Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labour difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those described in this clause. We shall also not be liable or responsible for any losses you may incur which are caused by our compliance with any applicable laws.
21. Contact Us
About us. QPay is an Australian corporation registered with number 84 163 916 603 and having its registered office located at Level 3, 59 Wentworth Ave, Kingston, ACT, 2604.
System Requirements. In order to receive notices posted on our website you agree to maintaining the following "System Requirements":
computer or mobile device with an internet connection;
a current web browser; and
ability to store or print notices from our website.
We reserve the right to change the above System Requirements and will notify you on our website when we make a material change to the System Requirements. You agree that we are not liable to you nor responsible if you do not receive a notice from us if you fail to put in place the System Requirements.
Notices to us. Except as stated otherwise in this Agreement, notice to us can be sent by postal mail to: MySmock Pty Ltd, Attention: Legal Department, Level 3, 59 Wentworth Ave, Kingston, ACT, 2604. If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at firstname.lastname@example.org
22. Other important terms
Severability. If any provision of this Agreement is deemed to be illegal, invalid or unenforceable under applicable law, such provision shall be enforced to the extent possible, and any remaining illegality, invalidity or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal, invalid or unenforceable provision had not been included in this Agreement.
Interpretation. Use of the word "including" in this Agreement, should also include the words: "without limitation" immediately following the word "including". Further, any phrase introduced by the words "including‚Äô, "includes", "in particular" or "for example" or similar shall be construed as illustrative and shall not limit the generality of the related general words. Words in the singular include the plural and those in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it. Headings are included for convenience and do not impact the interpretation of the operative provisions of the Agreement. References to clauses are, unless otherwise provided, references to the clauses of this Agreement.
Transferring this Agreement to another person. You may not transfer (or as is known in legal terms: "assign") any rights or obligations you have under this Agreement without our prior written consent. This is mainly because if you were free to transfer any rights or obligations you have under this Agreement we may not be able to provide our service to that person and comply with our legal and regulatory obligations. However, we reserve the right to transfer (assign) this Agreement or any right or obligation under this Agreement at any time. If you object to us transferring (assigning) this Agreement you may stop using our Services and terminate this Agreement in accordance with clause 12.2.
No waiver. Our failure to act with respect to a break by you of this Agreement or others does not waive our right to act with respect to that breaks or subsequent or similar breaks of the Agreement.
Our relationship is that of independent contractors. The parties agree they are independent contractors to each other in performing their respective obligations under the terms of this Agreement. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, agents, or otherwise as joint associates for profit. We will not file a copy of this Agreement agreed between us