POLi™ Terms & Conditions

Your downloading, installation and use of the POLi™ Software, and your use of the POLi™ Service, are subject to the following terms and conditions (Terms). By downloading the POLi™ Software or using the POLi™ Service, you agree to be bound by the Terms in respect of POLi™ and you may not deny any of the acknowledgments contained in these Terms.

These Terms apply separately to each and every payment or attempted payment made using Your internet banking 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 download, install or use the POLi™ Software, or use the POLi™ Service. If you do not agree, then do not accept these Terms, and do not continue with your POLi™ session.

Sections

This document contains the following sections:

Definitions

In these Terms, unless the context otherwise requires:

POLi Payments means POLi Payments Pty Ltd ACN 105 393 664;

Merchant means the merchant from whose website 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™ System;

You refers to each person who downloads the POLi™ Software or uses the POLi™ System.

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

POLi™ means the POLi™ Software and the POLi™ Service;

POLi™ Service means the web-based service that facilitates your use of your internet banking services provided by your financial institution for making a payment to Us by way of electronic transfer from your account held with that financial institution;

POLi™ Software means the application software that POLi Payments makes available for you to download and use under these Terms, for the purpose of accessing the POLi™ Service.

POLi™ Software

By downloading, installing, or using the POLi™ Software, or accessing and using the POLi™ Service you agree that:

  • POLi Payments owns all of the Intellectual Property and rights in POLi™;
  • You will only use the POLi™ Software to access and use the POLi™ Service in accordance with these Terms, and for no other purpose;
  • 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 use POLi™ to initiate a payment from your account held with your financial institution, and not from any other account;
  • 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;
  • 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 found, if any, and is at your own risk;
  • You will not use the POLi™ Software from countries that are subject to U.S.A. export restrictions, including Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria;
  • POLi™ is provided “as is” without any warranty or indemnity of any kind by POLi Payments;
  • This agreement is enforceable like any written contract signed by you.
POLi™ Services

The POLi™ Service is not a credit payment service.

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

  1. giving you the ability to make purchases from 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;
  2. facilitating your use of an electronic funds transfer from your account held with your financial institution, to the Merchant’s bank account by, 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 screen for transferring funds to the Merchant’s account; and
  3. confirming your financial institution’s transaction number, issuing you with a receipt and notifying Us of same.

Any payment made to the Merchant by you that is facilitated by the POLi™ Service will always be subject to your financial institution’s terms, conditions and policies that govern internet banking in so far as they relate to transfers of funds from your account to a third party’s account.

By utilising the POLi™ Service, you warrant that the account from which you are initiating the payment is your account, and that you are authorised to make payments from the account from which that payment was made.

You acknowledge and agree that if We use POLi™ to process a refund of a previous payment that you initiated using POLi™, the that refund is to be directed to the same account from which the original payment was initiated.

Your Internet Banking Facilities and Software

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 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 (including through negligence), 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.

To the extent permitted by law, We disclaim all warranties and conditions, express or implied, in respect of POLi™ and your use of POLi™ including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Where any applicable law prohibits Us from excluding or modifying any implied warranty or condition, such warranty or condition will be deemed included and Our liability for breach thereof will be limited to providing the relevant service again.

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.

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 any unauthorised, improper or illegal use of POLi™.

Your Obligations

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

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, 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 and Mistaken Transactions

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

If you have any other complaint, You should follow our Dispute Resolution Policy http://www.polipayments.com/support_complaint

Privacy

We recognise that your personal information is very important to you and we are committed to promoting confidence in the manner in which your personal information is handled by Us.

Your account access information such as usernames and passwords are not captured or stored by POLi™ or by our website. However the POLi™ Service may store your financial institution account number. If You do not wish to disclose that information to Us, then you should not operate or use POLi™.

Legal Construction

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

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond Our 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™.

Copyright Notice POLi Payments Pty Ltd ABN 73 105 393 664

This web site and its contents are the property of POLi Payments Pty Ltd and are subject to copyright according to Australian law.

Whilst POLi Payments Pty Ltd 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. POLi Payments Pty Ltd takes no responsibility for any error, omission or defect therein. The content is further subject to change from time to time.

POLi Payments Pty Ltd 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. POLi Payments Pty Ltd 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. POLi Payments Pty Ltd does not endorse the products and/or services of any third party site owner.