Paydby Terms and Conditions - 20 Feb 2019

 

1. About Paydby

1.1. Product issuer name and contact information

”Paydby” is a facility provided by Paydby Pty Ltd 35 622 489 874 through the use of the Paydby app. You can contact us by emailing admin@Paydby.com.

 

1.2. Your contract with Paydby

In order to become a registered user of the Paydby app, you will need to:

- download the Paydby app;

- agree to the terms and conditions in this document;

- provide your personal information (see 3).

- receive a notification from Paydby which approves you as a registered user.

- once you are ready to start making financial contributions towards your goal, you will need link your Paydby account to your Visa or Mastercard debit card (must be an Australian bank account).

 

Once you are registered with Paydby as a user, your use of the Paydby app is governed by these terms and conditions and forms the contract between you and Paydby Pty Ltd. 

 

1.3. Other Documents - The ePayments Code

This code governs electronic transactions. Paydby will comply with the applicable provisions in relation to users of the Paydby app. The ePayments Code is available from the Australian Securities and Investments Commission at asic.gov.au.

 

2. What is Paydby?

2.1. Overview

- The Paydby app is suitable for Android and iOS mobile devices and can be made available to anyone with an approved account.

- The Paydby facility offers a simple and secure way to save toward financial goals with people who are also users of the Paydby app.

 

2.2. Features at a glance

Some key features of the Paydby app are:

(a) Set financial goals with other registered Paydby users using the Paydby app. 

(b) Track contributions – using the Paydby app, you can make contributions to your shared financial goals from your debit or credit card. The funds are held in an account held with Pin Payments and the Administrator of the goal can access those funds at any time for refunds or full payout when the goal is achieved. Transactions fee’s will not be refunded as per Pin Payments terms and conditions. 

(d) Talk to other Paydby users who share the same financial goal using in-app live chat. 

(e) Invitations – registered users can invite other people to become registered users of the Paydby facility.

 

2.3. Potential risks

There are some risks you should consider.

- Any problems or delays with your computer, phone or telecommunication systems may result in you being unable to use the Paydby app.

- If your phone or other device is not working or the internet is unavailble, you will not be able to use the Paydby app.

- The Paydby app requires you to link debit cards that are Visa or Mastercard enabled from an Australian bank or other financial institution, in order to make contributions to a goal, receive a refund or collect a payout. Where the issuer of the debit cards blocks or suspends your use of the payment service, you will be unable to use the Paydby app.

 

3. Paydby User Registration

(a) To be approved to use the Paydby app, you will need to:

 - be an individual, aged 14 or over

- be an Australian resident

- provide us with your full name, date of birth, email address and mobile number

- when you are ready to make financial contributions, provide the details for, a Visa or Mastercard debit card that is attached to an account with an Australian bank or other financial institution

 

(b) You also agree that:

- Your mobile number can only be linked to one username.

- You will only use the Paydby app with a compatible iOS or Android phone or other device.

- Other Paydby users with your mobile number stored in their phone contacts will be able to see that you are a registered Paydby user

- If a Paydby registered user invites you to join Paydby, they will be able to see when you register.

 

3.1. Licence to use Paydby

While you are a registered user, you are subject to these terms and conditions and Paydby grants you a personal, non-exclusive, non-transferable, limited, royalty-free and revocable licence to use the Paydby app on a compatible iPhone or Android mobile or other device owned by you.

 

Any use of the Paydby app (in whole or part) in any other manner, including but not limited to resale, transfer, modification or distribution of the Paydby app, is prohibited.

 

3.2. Setting up a Paydby PIN and password

- Before you can use the Paydby app, you will need to select a password and 4-digit Paydby access PIN. 

- You will be able to change your PIN or password at any time. If you happen to forget your PIN, you can reset it using your password. 

- At our discretion, we may reject a requested PIN, password or email address.

 

3.3. How to protect your Paydby PIN and password

- It is your responsibility to protect your PIN and password.

- You should memorise your PIN and password and get rid of any record of them (written or electronic).

- You should, as a regular practice, change your PIN and password.

- You should avoid using a number or word others could easily guess (example, birthdate)

 

To avoid unauthorised transactions, you should also:

- Keep your mobile phone or other device locked when not in use.

- If your mobile is lost or stolen, notify Paydby immediately.

- If you card is lost or stolen, notify your bank and Paydby immediatley.

- Use only approved applications on your mobile and do not never override the software lockdown (i.e. jailbreak or root your device).

 

4. Using the Paydby app 

4.1. Checking transactions

- We will send you a push notification whenever you or one of your team members make a contribution to the shared financial goal, so long as you have turned on push notifications.

- You can also check your recent transaction history through the Paydby app by selecting a goal and checking your progress meter. 

 

4.2. Registering and updating your debit card details

- You can nominate up to three debit cards through which we can draw funds for a payment to a recipient, and you can choose between those cards when requesting that a payment be made to a recipient under the Paydby facility. The maximum amount you can pay through the Paydby app in one day will still be $500, even where you have nominated and registered more than one debit card with us.

- You will need to make sure you update the details of each debit card you have registered with us (for example, to record the current card expiry date) and that these details remain current.

 

4.3. Payment checks 

- Payment checks is a process by which we review certain potentially high-risk transactions. If a payment is subject to payment investigation, we will place a hold on the payment and may provide notice to the recipient. We will conduct a review and either clear or cancel the payment. If the payment is cleared, we will provide notice to the recipient. Otherwise, we will cancel the payment and the funds will be returned. We will provide notice to you by email and/or in the notification’s icon of your Paydby payment is cancelled.

 

 

5. Fees and charges

- All money transmission through Paydby is provided by Southern Payment Systems Pty Ltd, which operates the Pin Payments Service. Pin Payments is a licensed provider of money transfer services and is provided by Pin Payments, pursuant to Pin Payments licenses. When you use Paydby, you are also subject to Pin Payments terms and conditions, available at http://pin.net.au/terms

- Goal administrators are only subject to a payment processor fee of 1.75% + $0.30 per transaction for any goal they are inclusive of.

- General users will that have a payment transaction made on the Paydby app will incur a payment processor fee of 1.75% of the transaction plus $0.30 per transaction which will be displayed in-app. In addition, Paydby have a standard servicing fee of 3% per transaction. The Paydby fee is waivered for Goal administrators.

- You may be subject to third party fees, such as insufficient fund fees, or reversal fees that a bank may charge if your payment is rejected. You are liable for any fees and charges that the card issuer is entitled to charge in relation to your Visa or Mastercard debit card. Check these fees and charges with your card issuer.

 

5.1. Payouts

- During a goal, the Goal Administrator can request a payout for any amount received or up to the goal amount reached. In both cases, payout requests only become available after 2 days of last successful transaction.

 

5.2. Refunds

- If a user requires a refund for any reason, they can do so via the Paydby app. Users may request a single transaction or multiple transactions under the refund settings. This incurs a $25 refund fee to discourage the incompletion of goals. Users will not be refunded any fees or charges made to payment processor.

 

5.3. Chargeback and Risk of chargeback

- When you receive a payment, you are liable to us for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, rather than us, will determine whether the dispute is valid and to whom payment is due.

 

6. What happens if there’s a problem?

6.1.Your responsibility for transactions using the Paydby app

 

As a registered user of the Paydby app, you are responsible for any losses that occur, including any and all transactions made by you or anyone else. However, depending on the  circumstances, you may be able to obtain a refund of the transaction from your debit card issuer or from us.

 

6.2. When transactions do not look right 

We recommend that you regularly check your transactions made through the Paydby app. You should also check the transactions shown on your debit card account connected to your Paydby account.

 

If you see anything you’re not sure about or there is a mistake, contact your card issuer straight away. Check your debit card terms and conditions for information on your chargeback rights.

 

If there has been unauthorised use of the Paydby app or your mobile phone is lost or stolen, contact Paydby as soon as possible. We are able to lock your account while the issue is investigated. 

 

6.3. Who is liable for unauthorised transactions through your Paydby app?

All liability for losses in relation to your use of the Paydby facility will be determined according to the ePayments Code, Chapter C.

 

(a) You are not liable for a loss arising from an unauthorised transaction if the loss has been caused by any of the following:

(i) the fraud or negligence by a Paydby employee or agent, a third party involved in networking arrangements, or a merchant using the Paydby facility or their employee or agent;

(ii) a Paydby app, identifier or pass code (such as a password or PIN) which is forged, faulty, expired or cancelled;

(iii) a transaction requiring the use of a Paydby app or pass code (or both of them) that occurred before you received one or both of the Paydby app and any passcode;

(iv) a payment transaction being incorrectly debited more than once under your Paydby facility;

(v) an unauthorised transaction occurring after you have notified us that your mobile device was misused, lost or stolen, or that the security of a pass code has been breached; or

(vi) a situation where it is clear that you did not contribute to the loss.

 

(b) Where section 6.3(a) does not apply, and where we can prove that you contributed to a loss through fraud, or breach of a security requirement, you will be liable for the loss, but only to the following extent:

(i) subject to paragraph 6.3(b)(ii) below, you will be liable for the actual losses that occur before the loss, theft or misuse of a mobile device or breach of a security requirement is reported to us;

(ii) however, you will not be liable for the portion of losses:

A. incurred on any one day that exceeds the daily transaction limit of $500;

B. incurred in any month that exceeds $10,000;

C. that exceeds the amount of the unauthorised transaction; or

D. incurred on any separate account in respect of which it has not been agreed that you can access that account using the Paydby app or a pass code to perform a transaction.

 

(c) Where section 6.3(a) does not apply, and where we can prove that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of your mobile device, or that the security of your pass codes has been breached, then:

(i) subject to paragraph (c)(ii) below, you will be liable for the actual losses that occur between when you became aware of the security compromise (or should reasonably have become aware of the security compromise in the case of the loss or theft of your mobile device) and when the security compromise was reported to us;

(ii) however, you will not be liable for the portion of losses:

A. incurred on any one day that exceeds the daily transaction limit of $500;

B. incurred in any month that exceeds $10,000;

C. that exceeds the amount of the unauthorised transaction; or

D. incurred on any separate facility in respect of which it has not been agreed

that you can access that facility using the Paydby app or a pass code to

perform a transaction.

(d) Where a pass code was required to perform an unauthorised transaction, and when neither of sections 6.3(a) or 6.3(c) apply, you will be liable for the least of:

(i) $150;

(ii) the amount of the unauthorised transaction; or

(iii) the actual loss at the time that the misuse, loss or theft of your mobile device or breach of pass code security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit.

 

6.4. Making a complaint

Paydby endeavours to serve you well and if something is not right, we will do our utmost to fix it. If you want to lodge a complaint with us, please email support@Paydby.com

 

Our process for responding or resolving complaints; 

- A record of your complaint will be kept 

- We will aim to respond to your complaint within 14 - 21 days. If we need more time we will let you know.

- We will aim to have our final response to you within 45 days.

- If, some some reason, we cannot complete our investigation in the time frame stated, we will let you know why. 

 

If you are not happy with our process for handling your complaint, you can lodge a complaint with the Queensland Ombudsman or with the Australian Financial Complaints Authority. 

 

6.5. When we may limit, suspend or cancel access to the Paydby app or end this agreement 

We reserve the right at any time to limit, suspend or cancel access to the Paydby app if:

- you do not follow these terms and conditions

- you give your PIN or password to another person to use

- we determine that the Paydby app has been or may be used illegally

- it becomes necessary to manage our regulatory obligations

- you provided false or inaccurate information when you registered for the Paydby app

- you use inappropriate content in the Paydby app

- there are appropriate security reasons

- we need to perform maintenance works.

 

We may end this agreement for any other reason and we are not responsible for loss of data or personal settings. 

 

7. Protecting your privacy

You acknowledge that by registering an account with Paydby, you authorise Paydby to collect and use your personal information.

 

7.1. What information Paydby collects

Paydby collects personal information about you (such as your name, phone, email), and information such as transactions using the Paydby facility.

 

7.2. Who we may exchange your information with

Paydby may exchange your information with others, for example, financial institutions, potential investors or funders of the business, enforcement and government authorities, relevant public registers and payment system operators.

 

7.3. Paydby’s Privacy Policy

The Paydby Privacy Policy is available at Paydby.com (click the Privacy link) and includes details about how Paydby’s collects and uses information about you, how you may correct your information and how to lodge compaints.

For enquiries about your privacy, please contact Paydby by emailing support@Paydby.com.au.

 

8. Changes to your terms and conditions

8.1. Changes Paydby can make

- We may change the terms and conditions information in this document at any time. Changes will only relate to future transactions or the future use and operation of the Paydby app.

- We will let you know of any changes via available communication methods. 

- If you continue to use the Paydby app after any changes or updates, you are indicating to us that you accept them.  

- If you are not happy with any changes we make, you should stop using the Paydby app straight away and if your issue is not resolved, uninstall the app.

 

9. Intellectual Property

By using the Paydby app you are agreeing that: 

- you do not have any right, title or interest in or to any proprietary rights relating to the information contained in the Paydby app

- you will not reproduce information accessed by using the Paydby app except where it is for your own personal non-commercial use (referencing these terms and conditions)

- you will not disassemble, decompile or otherwise reverse engineer the Paydby app.

 

9.1. Compliance

The Paydby app is product developed by Paydby Pty Ltd and not provided by Apple, Google or any other provider. All queries or complaints regarding the Paydby app should be sent to support@paydby.com

 

By using the Paydby app you also acknowledge that;

- Australian anti-money laundering and counter terrorism financing regulations apply, and you are not in a location that is subject to any government sanctions.

- We will only make the Paydby facility available to you where it is lawful for us to do so.

 

10. Contact Us

Want to ask a question, provide feedback or make a complaint? Email us at support@Paydby.com

Has your phone been lost or stolen? Or you suspect unauthorised use of the Paydby app? Email Paydby at support@Paydby.com and contact your card issuer straight away.

Need to update how Paydby contacts you or ask not to receive direct marketing? Email us at support@Paydby.com 

Queensland Ombudsman
Phone 1800 068 908
Visit www.ombudsman.qld.gov.au

Australian Financial Complaints Authority
Phone 1800 931 678
Visit www.afca.org.au