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Privacy Policy


Payments.com.au respects your right to privacy.

When making Payments, you will be required to enter your credit card Payment details to authenticate the Payment, plus you may provide your name and contact details for the retailer to assist in any subsequent reconciliation of the Payments made. This will ensure that you do not pay your account twice.

If you wish to register your details with us:


We will not disclose any of your personal details to any person or organisation except those which you have made a Payment to.

You can make a Payment anonymously at any time, and have no personal details associated with that Payment. There is however a risk that the Merchant may not apply your Payment against the correct account - and you may be required to make a further Payment. To the extent permitted by law, Payments.com.au expressly disclaims any liability for misallocated Payments where the Customer has not entered their identifying contact details.

If Payments.com.au is requested to investigate any such misallocation, Payments.com.au reserves the right to charge investigation costs at normal hourly commercial rates.

Where you have entered an email address, we may send you information via email from time to time advising of new developments or features at Payments.com.au.

You can at any time advise us that you do not wish to receive these emails. To change these details please do so here.

Security of credit card information


We do not store any credit card numbers for any Payment made through this web site. The real time eCommerce system allows us to accept a card number, process it, and record only the details of the transaction (success or failure, amount), never the card number. If you at any time believe that your credit card number or transaction has been compromised in any way, please notify Payments.com.au immediately.

No direct solicitation


Payments.com.au will not send customers any material, visit you at home/work, or call customers on the phone unless required for a reconciliation issue. If anyone purporting to be from Payments.com.au contacts you in any way soliciting a Payment - do not pay - please advise us as soon as possible as we will take every step to ensure that those responsible are dealt with by the appropriate authorities.

Disputes between Merchants & Customers


At no time will Payments.com.au intervene in a dispute between a Merchant and a Customer. Payments.com.au will not become involved in any dispute concerning quality of goods or services supplied, whether Payment has or has not been made.

Payments.com.au will only assist where a Customer has a copy of a Transaction Receipt showing Merchant Name, Amount, Date and time - and the Merchant believes that they have not received the Payment.

Where any Customer disputes any transaction with a Merchant or repudiates that transaction, Payments.com.au will not become involved and the Merchant indemnifies Payments.com.au from the consequences of any such actions.

The Merchant will need to provide a copy of their bank statement for the transaction period that correctly matches the Merchant Bank Account at the time of Merchant Registration.

Any requests for reconciliation assistance disputing transactions that have been correctly completed by Payments.com.au will be charged for at the currently hourly charge for professional services.

Disputes with Banks


At no time will Payments.com.au intervene in a dispute between a Merchant and a Bank.

Payments.com.au will only assist where a Merchant has a copy of a Transaction Receipt showing Merchant Name, Amount, Date and time - and the Merchant believes that they have not received the Payment.

The Merchant will need to provide a copy of their bank statement for the transaction period that correctly matches the Merchant Bank Account at the time of Merchant Registration.

Any requests for reconciliation assistance disputing transactions that have been correctly completed by Payments.com.au will be charged for at the currently hourly charge for professional services.

Fraud


Where Payments.com.au is notified by a Bank or a Government Agency of fraudulent or improper activities in respect of a Merchant, Payments.com.au will immediately suspend all services until advised otherwise by the Bank or Government Agency.

Confidentiality & Disclosure


Payments.com.au, the Customer and the Merchant agree that the relationship between all parties is strictly confidential and will not be disclosed to third parties without the written consent of the affected party. This limitation does not apply in respect of disclosure to Government Agencies by force of law. Either party will immediately advise the disclosure to the other party unless disclosure of that information is prohibited by the applicable Government Agency.

Refunds Policy


As Payments.com.au endeavours to operate a world class, high performance, secure real-time Payments Solution for Merchants, at a very low and very affordable fee structure, we are not able to offer refunds on any unexpired fees/charges or services.

Can Merchants leave Payments.com.au?


Merchants are free to join up or leave Payments.com.au at any time. See Refunds Policy. Merchants wishing to return to Payments.com.au at a later date will have to re-commence as a New Merchant, and pay all applicable fees and charges at that time.

Termination of Merchant Facility


Merchants are able at any time to request closure of their Merchant Facility by written notice to:

Payments.com.au
PO Box 2745
Cheltneham Vic 3192

The balance of the Merchants Transaction Account at the time of receipt of the notice will be deposited directly into the Merchants bank account after all fees and charges owing are first applied against this account.

Accounts that are inactive will be frozen immediately when their Merchant Account balance is insufficient to meet any fees or transaction charges. Merchants can re-commence accepting deposits from their customers by simply making a deposit into their Merchant Account at any time.

The Merchant indemnifies Payments.com.au against any losses or outgoings of any kind howsoever arising as a consequence of the termination of a Merchant Facility by Payments.com.au.

No Liability for Losses


The Merchant accepts that the Internet is a new medium and Payments.com.au does not warrant that the use of the Internet of Telephony network is error free. There are risks of hardware failure, risks of software error or failure, risks of fraud and other risks that exist. Whilst Payments.com.au will endeavour to minimise all of these risks, no guarantee or warranty is provided to any party.

The Merchant further agrees that they have made their own investigations as to fitness for purposes of the Payments.com.au facility and will not make any claim against Payments.com.au where the Merchant has concluded that the service is no longer suitable for their originally intended purposes.

To the extent permitted by law, Payments.com.au at no time will accept responsibility for any losses of whatsoever kind including consequential losses, fines, penalties and outgoings of any kind incurred by the Merchant as a consequence of the Payments.com.au facility not being operational due to factors outside the control of Payments.com.au.

Should any liability for any other losses be found to exist, the liability of Payments.com.au is limited to $50AUD and any participating Merchant agrees to fully indemnify and hold harmless Payments.com.au for any losses that may arise in excess of this amount.

Where any State or Federal legislation is inconsistent with any of the terms or conditions of use of the Payments.com.au facility, those terms and conditions will apply. The remainder of the terms and conditions of use of the Payments.com.au facility will remain in full force.

Sovereignity


As the Payments.com.au facility has been established as a facility for use by a wide range of Customers and Merchants, Payments.com.au reserves the right to make whatever changes are required in the opinion of Payments.com.au - to the Payments facility in the interests of better service delivery. Wherever possible, Payments.com.au will provide prior reasonable notice to the Merchant, but does not warrant that this will occur in every case. The Merchant agrees not to make any claim against Payments.com.au where any changes adversely affect the Merchants' operations.

Legal Notices


Any notices between the parties are to be served as follows:

Payments.com.au
PO Box 2745
Cheltenham Vic 3192
Fx +613 8669 4355
Email: [email protected]

The Customer
Contact Details as supplied at Registration or as amended by the Customer from time to time.

The Merchant
Contact Details as supplied at Registration or as amended by the Merchant from time to time.

Any disputes are to be first resolved by a meeting between the parties. Should the parties be unable to resolve the dispute between themselves within 21 days, the matter will be transferred to arbitration by an arbitrator appointed by the current president of the Law Institute of Victoria. Both parties agree to abide by the decision of the Arbitrator.

The Laws of the State of Victoria, Australia will apply in any resolution of any dispute.