Your use of the POLi™ Service, are subject to the following terms and conditions (Terms). By using the POLi™ Service, you agree to be bound by the Terms in respect of POLi™.

These Terms apply separately to each and every payment or attempted payment facilitated by POLi™. Your ability to use POLi™ will only expire in accordance with these Terms or if a Merchant no longer accepts the POLi™ Service.

If you do not agree to any of these Terms, then you must not use the POLi™ Service. If you do not agree, then do not accept these Terms, and do not continue with your POLi™ session.

Definitions

In these Terms, unless the context otherwise requires:

Merco means Merco Limited, and Merco Australia PTY Limited;

Merchant means the merchant from whose website, application or digital property you are entering a session using the POLi™ System to initiate a payment to the merchant (and that party’s successors and assigns);

Terms means the terms and conditions as in force at the time when you enter a session using the POLi™ Service;

You refers to each person who uses the POLi™ Service;

We, Us, Our, and Ours each mean Merco, the Merchant and their respective affiliates, licensors and service providers;

POLi™ means the POLi™ Service;

POLi™ Service means the web or application service that facilitates your use of banking services or mobile application services provided by your financial institution for making a payment or accessing your data and retrieving to a merchant by way of electronic transfer from your account held with that financial institution;

POLi™ Software means the application software, infrastructure and associated services that enable You to use the POLi service in accordance with these Terms and Conditions.

POLi™  Software

By using the POLi™ Service you agree that:

• Merco owns all of the Intellectual Property and rights in POLi™;
• You will not modify, adapt, translate or create derivative works based upon the POLi™ Software;
• You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the POLi™ Software;
• You will not monitor or alter the execution of POLi™ using tools external to POLi™;
• You will not alter the inputs, outputs or internal data of POLi™ while executing;
• This agreement is enforceable like any written contract signed by you.

POLi™ Services

The POLi™ Payment  Initiation Service is not a credit payment service.

services available to you using the POLi™ Service are limited to:

• Facilitating an electronic funds transfer from your account held with your bank or other deposit taking institution, to the Merchant’s account at its bank or other deposit taking institution following your consent, once you are logged into the Internet Banking system of a financial institution supported by POLi™ with whom your bank account is held, and populating the relevant fields of the screen for transferring funds to the Merchant’s account;
• Confirming your financial institution’s transaction number, issuing you with a receipt and notifying Us of same.

The POLi™ Service gives you the ability to make payments to the Merchant online from your account held with your financial institution, without the need for you to use a credit card or a scheme debit card.

You agree and acknowledge that:

• You will only use the POLi™ Service in accordance with these Terms, and for no other purpose.
• You will use POLi™ to initiate a payment from your account held with your financial institution, and not from any other account;
• Your access to and use of any third party software or websites, including any goods, services, software or information made available from such sites, is governed by the third party’s terms and conditions, if any, and is at your own risk;
• You will not use the POLi™ Service while located in countries that are subject to U.S.A. export Administration Regulations (EAR), including Cuba, Iran, North Korea, and Syria;
• Subject to the provisions in the ‘Disclaimer and Indemnity’ section below, POLi™ is provided “as is” without any warranty or indemnity of any kind by Merco;
• The POLi™ Service operates separately from your financial institution’s products and services (such as your bank account held with your financial institution), and that your financial institution’s terms, conditions and policies will separately apply to your use of their products and services, including the transfer of funds from your bank account to a third party account;
• If We use POLi™ to process a refund or return of a previous payment that you initiated using POLi™, then that refund or return is to be directed to the same account from which the original payment was initiated;
• The performance of a POLi™ Service (including response or payment times) will depend on factors outside of POLi™’s control (or the control of POLi™’s service providers and/or agents), including the performance of the Merchant’s website and business systems, mobile applications, processes, rules, codes, procedures and policies of the financial institutions involved in the transactions, and the rules and systems and processes of the intermediaries and participants, the state of the relevant telecommunications network and their interconnections and network congestion, and / or the occurrence of any force majeure event impacting our business or the business of our service providers or agents.

By utilising the POLi™ Service, you warrant that the account from which you are initiating the payment is your account, that you are permitted under the terms and conditions of your account held with your financial institution to make such a payment to the Merchant, and that you have the capacity and are authorised to make payments from the account from which that payment was made.

Your banking facilities

By making POLi™ available to you, We are not making any representation that we or POLi™ have the approval or, an affiliation with, or any licence from or agreement with your financial institution or the financial institution of the Merchant(s) to operate or make POLi™ available for use by you.

In order to access and use the POLi™ Service, you may be required to download certain pre-requisite third party software, that is required for the POLi™ Software to operate. Your download of that third party software is subject to the terms and conditions imposed by the licensor of that software.

Disclaimer & Indemnity

We will not be liable to you or any other party for any loss or damage, however caused that you may directly or indirectly suffer in connection with your use of POLi™, including, without limitation, any loss or damage that arises as a result of your download or use of the third party software referred to above, except to the extent that such loss or damage arises as a direct result of Our fraud or wilful misconduct.

To the extent permitted by law, We disclaim all warranties and conditions, express or implied, in respect of POLi™ and your use of POLi™ Service including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose, the process timeframe or performance of POLi™. Where any applicable law (including, without limitation, the Consumer Guarantees Act 1993) prohibits Us from excluding or modifying any implied warranty or condition, such warranty or condition will be deemed to be included in these Terms, provided that if permitted by law, and where it is fair and reasonable to do so, Our liability for breach thereof will be limited (at Our option) to either resupplying the service, or paying the cost of resupplying the service, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.

In no event will We or Our respective directors, officers, employees or agents be liable to you or any other party for any consequential, special, indirect or punitive loss or damages, nor for any lost profits, lost business or lost data, even if advised of the possibility of such losses or damages. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach or breach of a fundamental term, except to the extent that the loss, damage or liability arises as a direct result of Our fraud or wilful misconduct.

You will indemnify Us and keep Us harmless from and against any claim made against us by any party arising out of any breach by you of any of your warranties or obligations under these Terms or arising out of your unauthorised, improper or illegal use of POLi™, except where such claim arises as a direct result of Our fraud or wilful misconduct.

Your Obligations

You will ensure that your access to or use of POLi™ is not illegal or prohibited by laws that apply to you.

By using POLi™ or by requesting us to block or unblock your use of the POLi™ Service as set out in these Terms, You confirm that you are fully aware of the nature of the transactions and requests and the impact that it may have on your personal and / or business financial position.  You confirm that you enter into any transactions or requests (as applicable) at your own will and will take your own precautions to ensure that you will have sufficient and legitimate funds to fund the relevant transaction.

You will take your own precautions to ensure that the process that you use for accessing or using POLi™ does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system. For the removal of doubt, to the maximum extent permitted by law, We do not accept responsibility for any interference or damage to your computer system that arises in connection with your use of the POLi™ Software.

Fees

We do not charge You a fee for using the POLi™ Service. The Merchant may charge a fee for use of the POLi™ Service; this fee may vary from time to time. You can obtain information about such fees from the Merchant’s website at the time of purchase.

Complaints, Unauthorised Transactions, Mistaken Transactions or Transactions Made in Error

If You believe that there has been an unauthorised or mistaken transaction, or a transaction that was made in error, You should contact your financial institution and endeavour to address the issue under the terms and conditions applicable to your banking facility.

You may also wish to contact the Merchant to whom the payment was made to in order to resolve the matter. Alternatively, You may contact Us via the email support@polipay.co.nz

If you have any complaint, You should follow our Dispute Resolution process by clicking here.

Blocking and unblocking your use of the POLi™ Service

You may contact Us via the email support@polipay.co.nz if you wish to request for your access to the POLi™ Service to be blocked.  Blocking your access to use the POLi™ Service means that:

• You will still be able to log into the Internet Banking system of a financial institution supported by POLi™ with whom your bank account is held, but no funds transfer will be facilitated by POLi™ from the bank account(s) you have nominated for blocking purposes;
• If you have more than one bank account held with a financial institution, it is your responsibility to notify Us and specify at the time of request which of the accounts (or all of the accounts) are to be included for the purposes of us blocking your use of the POLi™ Service. For example, if you have two bank accounts held with your financial institution, and you do not wish for POLi to facilitate an electronic funds transfer from both bank accounts to the Merchant’s bank account, then you must nominate and specify the details of both accounts when requesting Us to block your access to the POLi™ Service.  If you only specify one of your two bank accounts to Us in this case, then the block to your use of the POLi™ Service will only apply to that bank account, and you will continue to have access to the POLi™ Service for the other bank account which was not nominated by You.

We will promptly action your request following receipt of your request to block your use of the POLi™ Service and any checks that we may reasonably carry out to verify your identity (or such person(s)’ identity(ies) where they act on your behalf).  We will confirm once your access to use the POLi™ Service has been blocked.

You agree and acknowledge that once your access to use the POLi™ Service has been blocked by Us, the POLi™ Service will not be available to you permanently with respect to the requested bank accounts.

You also agree and acknowledge that We have the right at any time to block your access to use of the POLi™ Service without notice to You in our absolute discretion.

Privacy

You agree that you have read and understood, and agree to our privacy statement, a copy of which is available here.

Legal Construction

These Terms will be governed by, and interpreted according to, the laws of New Zealand and you consent to submit to the jurisdiction of the courts of New Zealand.

Without limiting the above, a party will not be liable for any failure to comply with these Terms where such failure is due to circumstances beyond that party’s reasonable control.

If We waive any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms conditions are held to be invalid, unenforceable or illegal for any reason, it will be read down to the extent of the invalidity, unenforceability or illegality, and the remaining terms and conditions shall nevertheless continue in full force.

These Terms constitute the entire agreement between you and Us concerning your use of POLi™.

The Terms that were available from Our website at the time of Your transaction will apply to that transaction.

While We retain the right to unilaterally vary these Terms without notice, that variation would only apply to subsequent use of the POLi™.

Disclaimer

Copyright Notice Merco Ltd.

This web site and its contents are the property of Merco and are subject to copyright according to New Zealand law.

Whilst Merco has sought to ensure that the content of this site is correct and current at the time of publication, it is for general information only and is not to be relied upon as being complete or accurate. Merco takes no responsibility for any error, omission or defect therein. The content is further subject to change from time to time.

Merco does not endorse any merchant or bank, their websites, or any goods or services provided by them. These are the responsibility of the relevant merchant and/or bank. Merco has no control over these. Concerns about these should be directed to the relevant merchant and/or bank.

To the extent that this website contains links or references to third party websites, these are provided for convenience only. Merco does not endorse the products and/or services of any third party site owner.