In these terms and conditions, “we” “us” and “our” refers to Payce Paid Pty Ltd ACN 633 197 207. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password and account number. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
8. When you visit our website, we give you a limited licence to access and use our information for personal use.
9. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
10. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
11. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
12. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
13. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
14. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
15. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
16. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
17. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Use of Data
18. When you enter or upload your data into our services, we do own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
19. You must also update your data as soon as there is any change so that we may send notices, statements and other information based on the correct data provided by you.
20. Cancellation of month-to-month subscription:
Unless otherwise specified in these Terms or Pricing Agreement, and to the extent permitted by the applicable law, all Subscription Fees are non-refundable. We do not provide refunds or credits for any partial use or non-use of the month-to-month service. You will continue to have access to Paycepaid’s service through to the end of your billing period.
21. Cancellation of annual subscription:
Should you cancel an annually billed service, we will assess refund and credit requests on their merits. There is generally no obligation to provide a refund unless lawfully required. Please contact us to discuss your request.
22. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
23. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
24. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
25. We shall be entitled to rely upon and may act upon the accounting records, statement, notes, reports, information, communications, advice and instruction provided by you, and shall not be liable for any action reasonably taken or omitted pursuant to such accounting records, statement, notes, reports, information, communications, advice and instruction, provided that such action is not, to the knowledge of us, in violation of applicable federal or state laws or regulations, and provided further that such action is taken without negligence, bad faith, wilful misconduct or reckless.
26. We shall not be subject to, and you shall indemnify, and keep indemnified us against all claims, actions, demands, proceedings, liabilities, damages, costs and expenses whatsoever and howsoever arising, paid, suffered or incurred by us as a result of or in connection with the inaccuracy of information furnished to us by you.
27. Any information contained in our website is designed to provide general information and general understanding of debt collection procedures, not to provide specific legal or accounting advice. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in the information contained in our website. In no event we are engaged in rendering legal, accounting, tax, or other professional advice and services, and is not responsible for any errors or omissions, or for the results obtained from the use of the information. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult with your own professional accounting, tax legal or other competent advisers.
Statutory Guarantees and Warranties to Consumers
28. Nothing in these terms and conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law.
Limitation of Liability
29.To the full extent permitted by law: :-
a. we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise;
b. we will not be liable for any liabilities, claims, costs and expenses, damage or injury or any special, direct, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with our services or these terms and conditions, whether at common law, under contract, tort, in equity, pursuant to statute or otherwise;
c. our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
d. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
e. We do not participate in any way in the transactions between our users.
30. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
31. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
32. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
33. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.