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PaySmart WebExpress Terms and Conditions

 

TERMS OF USE

PaySmart Pty Ltd requires that all clients using our WebExpress Site adhere to the following Terms of Use:

Acknowledgement and Acceptance of Terms of Use


  • You should read and familiarize yourself with these Terms of Use before you use this Web Site.
  • By accessing the Site you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them.
  • You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of PaySmart Pty Ltd.
  • If you do not agree with these Terms, you must discontinue your use of this site.
Governing Law

This agreement is governed by the law in force in the State of Queensland, Australia.

Copyright

The trademarks and logos displayed on the Site are the property of PaySmart Pty Ltd. Users are prohibited from copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. The information provided in the Site is copyright to PaySmart Pty Ltd.

Online Security

  • We are committed to keeping secure the information you provide to us about your customers. We take all reasonable precautions to protect this information from misuse and loss and from unauthorized access, modification or disclosure. We have a range of physical and technology policies in place to provide a robust security environment. We ensure the on-going adequacy of these measures by regular maintenance and reviews. This work will normally take place after working hours to minimize inconvenience. Our online security measures include, but are not limited to:
    • encrypting sensitive data sent from your computer to our systems during Internet transactions and client access codes transmitted across networks;
    • employing firewalls, intrusion detection systems and virus scanning tools to prevent unauthorized persons and viruses from entering our systems; and
    • using dedicated secure networks or encryption when we transmit electronic data.
  • You will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet.
  • You must not knowingly transmit any virus or other disabling feature to the Site.
  • Access to your customers is protected by a security credential, which includes a PIN and password. Access to this Site is strictly controlled and limited to PaySmart clients.
PIN (Personal Identification Number)

  • You acknowledge that the PIN is issued to you for the purposes of accessing the Site and for authorizing instructions or requests relating to your customers. You are solely responsible for all instructions or requests authorized using your PIN.
  • You further acknowledge that PaySmart Pty Ltd is entitled to assume that all use of your PIN is by you, unless and until PaySmart Pty Ltd receives notification from you of a compromise of your PIN.
  • You are solely responsible for any loss or inconvenience caused by use of your PIN by you or any other person.
  • You must not send or disclose your PIN to any unauthorized person or entity or store it in a manner that would reasonably allow an unauthorized person or entity to obtain access to the PIN.
  • You must keep any computer on which your PIN is stored physically secure and take all necessary precautions to protect any computer from viruses or programs which may make the PIN on the computer accessible to third parties.
  • You are solely responsible for the actions of any other person/s or entity you elect as your authorized representative/s. Such representative/s agrees to be bound by these Terms of Use.
  • You must immediately notify us if you become aware:
    • that your PIN has been compromised or is known to a third party; or
    • of any unauthorized use of your PIN; so we can take steps to disactivate the PIN and issue you with a new PIN within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.
  • For security reasons we may require you to re-authenticate yourself after a period of inactivity (20 minutes) between your computer and our Site. We are not responsible for any information you may lose if our servers terminate your session due to prolonged periods of inactivity.
Changes to Terms of Use

PaySmart Pty Ltd reserves the right to revise these Terms of Use at any time and users are deemed to be apprised of and bound by any changes to these Terms of Use.

Violations of Terms of Use

PaySmart Pty Ltd reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to suspend, terminate or limit your access to the Site effective immediately. We reserve the right to cancel your PIN at any time without notice.

Indemnity

You indemnify us and our employees from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Site by you or someone using your PIN and password.

Disclaimer and Limitation of Liability

We do not warrant or guarantee the accuracy, adequacy or completeness of the information contained on this Site and expressly disclaim liability for any errors and/or omissions in this information. In addition, we do not warrant, guarantee or make any representations that access to this Site will be fully accessible at all times, uninterrupted or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses arising out of or in connection with (1) use of or the inability to use this Site by any party; or (2) any failure or performance, error, omission, interruption or delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage.

To the maximum extent permitted by law, neither we nor any of our employees will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of the Site or any failure to provide the Site.

 
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