Paydby Terms and Conditions                                                                                   12 June 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;

  • agree to the Paydby privacy policy:

  • provide your personal information (see 3).

  • we require verification of email and mobile phone.

  • receive receive a notification from Paydby to verify your account, which approves you as a registered user.

 

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.

2. What is Paydby?

2.1. Overview

  • Paydby is a service designed to help you create financial goals, track contributions, keep friends accountable. The service keeps track of the sharing math, provides in-app chat to encourage payments, and stores this data for later use. You agree that this service is provided as-is and on an as available basis.

 

  • 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 using the Paydby app.

-          (b) Invite friends and track contributions - Gather your friends in the Paydby app to keep track of each other’s progress of group financial goals.

-          (d) In-app chat messaging enables users to keep goals relevant, allows reminders and encouragement between Paydby users.

-          (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 unavailable, you will not be able to use the Paydby app.

  • The app allows users who share a together goal or are friends on the service to post goals and payments as they please, using wiki-style rules with no explicit permissions. You agree that you understand these commitments to payments are not legally binding, and represent informal information sharing among roommates, friends, or family. You agree that the Service cannot guarantee the accuracy of information entered by users.

 

3. Paydby User Registration

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

-          be an individual, aged 13 or over

-          be an Australian or New Zealand resident

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

 

(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)

 4. Using the Paydby app

4.1. Conditions of use: 

  • You agree that you will use the Service for its intended purpose, and in compliance with all applicable laws and regulations: local, state, and national, and international, as applicable.

  • You agree not to use the service in a fraudulent, disruptive, aggressive, manipulative, or any other inappropriate matter.

  • Paydby reserves the right, but has no obligation, to investigate your use of the service for compliance with appropriate use and terminate your access to the Service, or in order to comply with law, regulation, legal process or government request.

4.2. Checking transactions

  • As a goal creator you will be able to approve, decline payments recorded by other contributors in your togethergoals. There is an option to remain pending as you await to confirm users contribution.

  •  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.

4.3 Integrity of using the app

·         What you represent: You agree to represent yourself honestly, that all of the information you provide is true, correct, and current, to the best of your knowledge, and that you have the necessary rights, power, authority, and age to agree to these Terms and to perform the acts required of you by the agreement.

·         No warranty: Paydby Pty Ltd does not represent that the Service is error-free, complete, or can be relied upon. The service is provided 'as is' and 'as available' with no warranty of any kind and you are using the service at your own risk. Paydby Pty Ltd disclaims any warranty, implied or otherwise, regarding the service, including warranty of merchantability, fitness for a particular purpose or non-infringement.

·         Termination and Refusal of Service: Your access to the Service may be terminated at any time, for any reason, at Paydby's sole discretion. This includes the right to ban any person from the service who uses Paydby to send spam, unwanted or hostile communications to other users.

·         No Liability: Under no circumstances will Paydby Pty Ltd be liable to you for any indirect, incidental, consequential, special or exemplary damages (including emotional distress) arising out of or in connection with your use of the service, whether or not you have been advised of the possibility of such damages. Under no circumstances shall Paydby Pty Ltd be liable to you for any amount for services rendered pursuant to this agreement.

·         Indemnification: You agree to hold Paydby Pty Ltd, its employees, agents, and representatives, as harmless and indemnify Paydby Pty Ltd from any third party claim arising from or in any way related to your use of the Service, including liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees, of every kind and nature.

5. Protecting your privacy

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

5.1. 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.

5.2. 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.

5.3. Paydby’s Privacy Policy

The Paydby Privacy Policy is available at Paydby.com/privacy-policy (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 complaints.

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

6. Changes to your terms and conditions

6.1. 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.

7. 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.

7.1. 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.

8. 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