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 partys 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.
- 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, 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™ including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Where any applicable law (including, without limitation, the Competition and Consumer Act 2010 (Cth)) 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,.-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™.
- 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,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.
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 Merchants 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 by clicking here
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 Victoria, Australia and you consent to submit to the jurisdiction of the courts of Victoria.
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™.