Privacy Policy
Terms & Conditions

Collection of Information

In order to use the Safe2Pay’s payment solutions, including Payment Gateway, EFTPOS and/or Mobile Wallet Solutions (“Safe2Pay Payment Solutions”), we require information including but not limited to;-

  • Company details including your company name, website, email address, type of business and ABN.
  • Contact details including your name, email address, telephone/mobile number and address.
  • Payment details including credit/debit card details.
  • Correspondence, particularly with regard to sales, support and accounts, including email.

Any information referred to above (the “Collected Information”) is collected via correspondence from you or your company. This may be via the telephone, email, or directly through our website.

Use of Collection Information

Any Collected Information is required in order to provide you with the Safe2Pay Payment Solutions and a high level of customer service.

Correspondence is recorded in order to provide service references, and to assist in our staff development.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on the Safe2Pay website. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. Persistent cookies may be used for affiliate registrations, analytics and other similar purposes. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We use cookies in the following ways:

  • When you register for any of Safe2Pay’s Payment Solutions, we use cookies to make it easier for you to navigate through and complete the registration form.
  • When you login to your Safe2Pay Dashboard, available once you are a Safe2Pay customer, we use cookies to easily authorize your credentials as you navigate through our secure pages.
  • If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as our administration area, may be limited.
  • Some of our business partners (e.g. advertisers) use cookies on our site. We have no access to, or control over, these cookies.
  • This privacy statement covers the use of cookies by this site only and does not cover the use of cookies by any advertisers.

Registration

In order to use this website, you must first complete the registration sign up form and create a username and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest.

You have the option to provide company demographic information (such as industry type and business size) to us. We encourage you to submit this information so we can provide you with a more personalised experience on our site. Safe2Pay Pty Ltd is the sole owner of the information collected on www.safe2pay.com.au. Safe2Pay collects personally identifiable information from our users at several different points on our website.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and postal address) and financial information (such as credit/debit card number, expiration date and CVV).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Communications

Safe2Pay uses personally identifiable information for essential communications, such as confirmation emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@safe2pay.com.au

Third Parties

We use other third parties to provide the essential links between the merchants, the banks and ourselves in order to provide Safe2Pay’s Payment Solutions. When you sign up for Safe2Pay, we will share the Collected Information as necessary for the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose.

Safe2Pay does not share any Collected Information with third parties for any unknown or unrelated uses.

Legal

We reserve the right to disclose your Collected Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.

Testimonials

We post customer testimonials on our website which may contain personally identifiable information such as the customer’s name. We shall obtain the customer’s consent prior to posting the testimonial.

Partner’s Directory

Safe2Pay provides free-of-charge a directory for associated partners to join. This is a process initiated and completed entirely by the partner, with all information submitted by the partner. If at any time the partner feels that they no longer wish to be a part of this directory they can request to be removed by emailing us at support@safe2pay.com.au

Links

There are many links on the Safe2Pay website to external entities. The terms and conditions set out in this privacy statement only covers the domain name of www.safe2pay.com.au.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

For further protection, Safe2Pay also randomly generates a one-time token associated the transaction.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable and industry standard means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our website, you can email us at support@safe2pay.com.au.

Access to collected information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate the information by making the change on the Your Profile page in the Safe2Pay Administration Area or by emailing our Customer Support at support@safe2pay.com.au or by contacting us by telephone or postal mail at the contact information listed below.

Changes to Privacy Policy

Any changes to change our privacy policy, we will be posted on the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.

Safe2Pay

Safe2pay Pty Ltd

25 Bligh Street,

Sydney NSW 2000
Email: support@safe2pay.com.au

 

 

 

 

MERCHANT SERVICES AGREEMENT

 

Please read the Terms below carefully.The Terms set out the Customer’s use of and access to Safe2Pay’s Services and Equipment and form part of Safe2Pay’s Merchant Services Agreement that includes a schedule, general terms and pricing between the parties. (the “Agreement”).

 

Definitions

 

In these Terms:
Safe2Pay refers to Safe2Pay Pty Ltd ACN 611437391 trading as “Safe2Pay” including its employees, directors, officers, agents and contractors; “Cardholder Data” means personally identifiable information associated with a person who has a credit or debit card, including:
The primary account number;
Along with any of the following data types: cardholder name, expiration date and/ or card verification value (CVV);

“Consequential Loss” means any loss, damage or costs incurred by the Customer that is indirect or consequential, as well as loss of revenue, loss of income, loss of business, loss of profits, loss of production, loss of or damage to goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, losses arising from claims by third parties, loss of or damage to credit rating, loss of anticipated savings and/ or loss or denial of opportunity;

“Customer” includes the directors and relevant associated parties that make a Request for Services ;

“Equipment’’ means point of sale terminals;

“Merchant Facility Provider” means an authorised deposit taking institution or third party that can provide merchants with a merchant facility that enables Safe2Pay to provide its Services;

“Payment” means, in relation to a Request for Services, an agreed transaction rate and/or other rate or fee that the Customer agrees to pay to Safe2Pay;

“Privacy Policy” means Safe2Pay’s privacy and data collection policy which can be found herein;

“Request for Services” means a request submitted by the Customer to Safe2Pay to use or have access to the Services;

“Services” means any goods and/or services that are supplied to the Customer by Safe2Pay pursuant to a Customer’s Request for Services or otherwise including without limitation Equipment, payment gateway services and mobile wallet services;

“Terms” means these terms and conditions, together with any policies and documents incorporated by reference or provided to the Customer prior to or at the time of entering into the Safe2Pay Services Agreement.

 

General

 

2.1 Parties

 

These Terms are between Safe2Pay and the Customer.The Customer agrees that its acceptance of the Terms and ongoing use of and access to the Services shall constitute the Customer’s acceptance of these Terms.

 

2.2 Our relationship

 

By using and having access to the Services the Customer agrees to be bound by these Terms.

Safe2Pay may amend these Terms at any time and shall post the amended Terms on its website. The terms and conditions that will apply to any Services are the terms and conditions that applied at the time the relevant Services were provided to the Customer unless varied by mutual agreement.

Safe2Pay’s Privacy Policy and any other policy found herein or on Safe2Pay’s website are incorporated into these Terms by reference.

 

3.1 Customer’s account

 

Safe2Pay may require the creation of an account to uniquely identify the Customer and to enable the Customer to use and have access to the Services.

The Customer is responsible for maintaining:

the security of the Customer’s account details, including without limitation any log in details, passwords or other account identifiers; and

all activities that occur in relation to the Customer’s account.

In the absence of negligence on the part of Safe2Pay, Safe2Pay does not take responsibility for unauthorised access and use of the Client’s account. The Customer agrees and acknowledges that if a person uses or has access to the Services (whether with or without the Customer’s authorisation), that person will be deemed to be the Customer for the purposes of these Terms and that will not affect the Customer’s obligations pursuant to these Terms, regardless of whether:

Safe2Pay is or at any time becomes aware of that or the use of the Customer’s account not being authorised by the Customer; or

there is a dispute, breach, defect or other issue in relation to the Services.

 

3.2 Customer’s obligations

 

The Customer agrees and acknowledges that it must:

not provide Safe2Pay with any information that is false, inaccurate or misleading;

ensure that any information about the Customer, including contact details, are true, current and complete;

not permit others to use your Customer account, or allow anyone else to have or use your Customer account log in or password details;

immediately contact Safe2Pay as soon as the Customer believes its account may be subject to an unauthorised transaction;

without the prior written consent of Safe2Pay not open or use more than one Customer

account.

 

Services

 

4.1 Customer’s merchant account

 

In order to receive the Services, the Customer agrees to obtain and maintain at its expense a merchant account with a Merchant Facility Provider partnered with Safe2Pay from time to time.

The Customer warrants that at all times it shall abide with all terms and conditions imposed by the Merchant Facility Provider in relation to its merchant account.

 

4.2 Data Security

 

Safe2Pay shall provide data security measures to ensure the security and protection of Cardholder Data in accordance with the current applicable payment card industry data security standard (PCI DSS) requirements created by the Payment Card Industry Security Standards Council .

Safe2Pay agrees to maintain all reasonable administrative, technical and operational processes to ensure the safe handling and storage of Cardholder Data at a standard equivalent to bank level security being Tier 1.

The Customer agrees and acknowledges that:

it shall comply with all directions and procedures that Safe2Pay provides with regard to the use of the Services;

Safe2Pay cannot guarantee that unauthorised third parties will never be able to circumvent Safe2Pay’s data security measures; and

the Customer provides to Safe2Pay Cardholder Data at its own risk and subject to these Terms.

 

4.3 Use of third-party service providers

 

Safe2Pay may use a third-party service provider(s) to manage or carry out certain parts of the Services on Safe2Pay’s behalf always ensuring to the best of its ability a high level of security.

 

4.4 Suspension of Services

 

Safe2Pay may suspend Services (or any part thereof) or otherwise disconnect or deny the Customer access to the Services if:

Safe2Pay reasonably suspects, or is aware, that the Customer has breached these Terms, including without limitation, by failing to make any payment due in accordance with these Terms on the due date;

the Customer uses and/or used the Services and/ or the Safe2Pay server(s) for the purposes of spamming, fraud or any similar or related activity;

the Customer engages in any act or omission, or allows any act or omission to be done, that Safe2Pay reasonably suspects, or is aware, will result in the Services being used for an unlawful, fraudulent or improper activity.

The Customer agrees and acknowledges that it shall remain liable for any and all charges and fees throughout any period of suspension.

 

4.5 Ancillary assistance or information

 

In addition to the Services, Safe2Pay may, in its absolute discretion, provide ancillary assistance or information to the Customer from time to time.

Any ancillary assistance or information provided by Safe2Pay to the Customer is given by Safe2Pay at the sole risk of, and subject to verification by, the Customer.

Safe2Pay will not be liable to the Customer for any ancillary assistance or information given by Safe2Pay to the Customer, or any Consequential Loss arising under or related in any way to any ancillary assistance or information no matter how arising.

The Customer is responsible to Safe2Pay for any loss, costs (including reasonable legal fees) expenses or damage Safe2Pay suffers or incurs in connection with any claim or demand made by the Customer in relation to any ancillary assistance or information provided by Safe2Pay in good faith to the Customer.

 

Request for Services

 

All Requests for Services that the Customer places with Safe2Pay either through its website, by email or directly by phone or otherwise directly with Safe2Pay are subject to approval by Safe2Pay in its absolute discretion.

Safe2Pay may choose not to approve a Request for Services or provide Services to the Customer or may cancel an approved Request for Services where

Safe2Pay reasonably suspects, or is aware, that the Customer has breached or is likely to breach these Terms, including without limitation, by failing to make any payment due in accordance with these Terms on the due date;

Safe2Pay otherwise reasonably considers the Request for Services to be suspicious in its absolute discretion.

Notwithstanding paragraph (b) above, once Safe2Pay approves the Request for Services, the Customer will receive an email from Safe2Pay with confirmation of receipt of the Request for Services  together with any other terms relating to the provision of the Services.

 

Equipment

 

The Customer acknowledges that

When a third party uses a card to conduct a cashless payment transaction using the Equipment, every card or account is automatically submitted to a third-party card processor for card or account validation and transaction authorisation.

For any transaction during the settlement process that is subsequently declined by the card processor for not-sufficient funds (“NSF”) or any other reason, the risk of the associated loss of the vended product, settlement funds and transaction fee for that transaction shall be assumed in its entirety by the Customer.

The provision of transaction processing services may depend on factors beyond Safe2Pay’s control, including but not limited to factors affecting:

Telecommunications systems run by public telecommunications operators or internet service providers which may by accessed by GSM data, ISDN, IP, analogue line or other transmission types;

Banking systems (meaning the systems used by banking, financial institutions or other similar bodies).

Safe2Pay is not and shall not be obliged to provide the transaction processing services where such factors as set out above prevent it from doing so.

Safe2Pay uses and relies upon external providers in the delivery of some of its Services and Equipment including but not limited to:

Validation and transaction authorisation services;

Wireless data networks providers such as Telstra.

The service provided by wireless data network providers such as Telstra;

Is subject to transmissions, limitations and dropped or interrupted transmissions;

May be temporarily refused, limited, interrupted or curtailed due to government regulations or orders, atmospheric and/or topographical conditions and system modifications.

 

7.Warranties, repair and replacement of Equipment

 

Safe2Pay warrants that Services will be provided in a proper, workmanlike and professional manner at all times.

Safe2Pay warrants that Equipment provided to the Customer will work in accordance with manufacturers specifications when provided by us or one of our partners;

Safe2Pay does not warrant that the use of the Equipment will be uninterrupted or error-free;

Should a piece of Equipment fail the Customer will be responsible for returning it to Safe2Pay or to our partner as directed for repair or replacement;

The Customer’s sole remedy in the event of defective Equipment is replacement;

Safe2Pay reserves the right to charge the Customer for the repair or replacement of any Equipment that is returned to Safe2Pay or its partner in a damaged state.

Safe2Pay or its partner will use its best endeavours to ensure that the Customer is able to install the Equipment in accordance with the manufacturer’s instructions.

To the maximum extent permitted by law, all express or implied guarantees, warranties, representations and other terms and conditions of any kind in relation to this Agreement not contained in this Agreement are expressly excluded. If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation and cannot be excluded (“Non-Excludable Provision”), then Safe2Pay’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at Safe2Pay’s option

in the case of the Services, the resupply of the Services or the cost of having the Services supplied again; and

in the case of Equipment, the replacement of the Equipment or the supply of equivalent Equipment or the repair of such Equipment.

 

8. System outages

 

Access to the Services and/or Safe2Pay’s website may occasionally be unavailable or limited due to causes within and/or outside Safe2Pay’s control, including without limitation hardware or software failure or defects, modification or maintenance to hardware or software, overloading of system capacity, damage from natural events or disasters, interruption of power systems, as well as other causes outside Safe2Pay’s control.

Without limiting in any way the Customer’s obligations to make payment(s) to Safe2Pay and comply with the its obligations herein, Safe2Pay will use its best endeavours to minimise any disruption to access to the Services and/or Safe2Pay’s website.    

To the full extent permitted by law, Safe2Pay will not be liable for any loss or damage that the Customer may suffer as a result of Safe2Pay’s website and/ or Services being unavailable or limited.

 

9. Fees & Payments

 

The Customer shall pay transaction fees and other fees in accordance with Safe2Pay’s prevailing payment terms set out in the Agreement between the Customer and Safe2Pay as amended from time to time.

The Customer agrees to pay all amounts payable by the Customer (whether authorised or not).

Payments by the Customer are to be paid to Safe2Pay without deduction or set off strictly in accordance with Safe2Pay’s payment terms as shown on either the invoice forwarded to the Customer or indicated on a statement provided to the Customer by Safe2Pay. If the payment terms indicate, payment shall be made preferably by credit card or if not available by direct transfer.  Safe2Pay will hold card details securely on file .

Interest shall accrue on any amount unpaid at the rate that is 6% above the cash rate last published by the Reserve Bank of Australia.

The Customer agrees to pay for any collection fees or other charges (including reasonable legal fees) Safe2Pay suffers or incurs in connection with recovering any unpaid amounts owed by the Customer.

 

  10. Warranties

 

  10.1 Safe2Pay

 

Subject to the provisions of the Australian Consumer Law and any other relevant and applicable State and/ or Commonwealth legislation (Statutory Provisions), Safe2Pay does not give any warranties or guarantees including, without limitation, Safe2Pay does not warrant and guarantee that:

the Services will be uninterrupted or error free;

the Services will meet the Customer’s requirements;

the Customer’s third-party customers are entitled to use the Cardholder Data they submit to the Customer.

 

10.2 The Customer

 

The Customer warrants and agrees that:

its use of the Services and/ or Safe2Pay’s website is at its sole risk;

it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by the Customer from or to Safe2Pay server(s) does not contain any virus and will not corrupt the data or system of any person in any way;

it will keep secure at all times all log in details, passwords and cryptographic keys used to access, process and download data from Safe2Pay server(s);

it will follow all cryptographic key management procedures specified by Safe2Pay;

it is solely responsible for operating and maintaining the Customer’s website, online store and/ or computer system used by the Customer;

it is solely responsible for obtaining and maintaining a merchant account with an authorised deposit-taking institution;

it will not use the Services for any unlawful, fraudulent or improper activity;

it will cooperate fully with Safe2Pay to investigate any suspected unlawful, fraudulent or improper activity;

it acknowledges that these Terms contain the entire agreement of the parties with respect to its subject matter and supersedes all prior discussions, representations, understandings or agreement;

other than as expressly stated in these Terms or any approval of Request for Services issued by Safe2Pay, it has not relied upon any discussion, representation, understanding or agreement made by Safe2Pay (including, without limitation, any descriptions or specifications contained in any other document such as any advertising material or brochures); and

it will not refer any third-party complaints or inquiries to Safe2Pay.

.

 

10.3 Limitation of liability

 

To the full extent permitted by law:

Safe2Pay’s liability for all claims arising under or related in any way to these Terms no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed either of the following as determined by Safe2Pay in its absolute discretion:

the replacement of the affected Services or the resupply of equivalent Services;

repair of the affected Services or cost of having the affected Services repaired;

refunding the payment made by the Customer (as part of that payment, where appropriate) for the affected Services, or offering credit where payment has not been made;

or if the above is found to be unenforceable, the total value of any affected Services for the period that the claim is applied to.

Safe2Pay will not be liable to the Customer for any Consequential Loss arising under or related in any way to these Terms no matter how arising and whether in contract, tort (including negligence) or otherwise.

To the full extent permitted by law, all conditions and warranties expressed or implied by the Statutory Provisions, law, trade, custom or usage, are expressly excluded.

The parties will take all reasonable steps to mitigate any loss incurred by them under these Terms.

 

Indemnity

 

The Customer indemnifies and holds harmless Safe2Pay, its officers, directors, agents, employees and suppliers from and against any and all claims, demands, causes of action, obligations, liabilities, expenses (including reasonable legal fees), damages, or suits whatsoever in connection with, arising out of, or relation to, in whole or in part,

any act or omission of the Customer including, but not limited to, the operation and management and operation of the Services and /or Equipment.

the Customer’s breach of these Terms

the Customer’s breach of any law or of the rights of a third party relating to the Customer’s use of the Services and/or Equipment;

a direct or indirect consequence of unauthorised uses accessing the Customer’s account.

 

11. Exclusions of Liability

 

Safe2Pay does not cover and in no event and circumstance shall Safe2Pay be liable for and the Customer holds Safe2Pay, its affiliates, directors, officers, employees, agents and assigns harmless for:

Any losses, damages, or business interruptions, sustained as a result of interruptions caused by third party providers including, but not limited to, wireless data network providers and processing service providers;

Repair of damage to Equipment arising from the act, error, fault, neglect, misuse, improper operation or omission by the Customer or its employees, agents, contractors or invitees;

Repair of damage to Equipment arising from changes, alterations, additions or modifications of any Equipment by a person other than Safe2Pay;

Repair of damage to Equipment caused by incorrect power supply, failure of electrical power, air-conditioning, humidity control or any environmental factor;

Repair of damage to Equipment caused by the operation of the Equipment other than in accordance with the specifications or the direction, instruction or recommendations of the manufacturer or Safe2Pay;

Any indirect, incidental, punitive, third party or Consequential Loss, loss of data or loss of business information arising out of, based on or resulting from this Agreement even if Safe2Pay has been advised of the possibility of such damage.

 

Intellectual Property

 

Intellectual property means Safe2Pay’s business names, copyrights, patents, trade marks, service marks, trade name, designs, confidential information, databases, scripts, data and similar industrial, commercial and intellectual property (whether registered or unregistered, granted or ungranted) which are owned or licensed by Safe2Pay.

The Customer agrees that nothing in these Terms transfers or assigns any intellectual property rights from Safe2Pay to the Customer.

Safe2Pay’s website and all content on its website are the exclusive property of Safe2Pay or Safe2Pay has obtained the permission of the owner of such intellectual property to be utilised in its website.

The Customer must not copy, imitate, modify, alter, amend or use without Safe2Pay’s prior written consent any URLs representing Safe2Pay’s website, or any of its content, logos, graphics, icons or other content published.

 

Customer Information and Reports

 

The Customer consents to and agrees at its expense to provide the necessary assistance and information to Safe2Pay or its agent so that reports can be obtained to assess, amongst other things, the Customer’s suitability of receiving the Services or its credit standing including a credit report from a recognised credit reporting agency containing personal information for business purposes, including the assessment of an order for Services or collection of unpaid amounts owed by the Customer.

 

Disputes

 

If the Customer wishes to raise a dispute with Safe2Pay, the dispute must be dealt with in accordance with this clause 14.

Clause 14 does not apply in relation to any dispute Safe2Pay has with the Customer (including, without limitation, for non-payment of any amounts due to Safe2Pay).  Safe2Pay may in its absolute discretion commence legal proceedings, injunctive proceedings or urgent declaratory relief as it thinks fit without being required to follow this Clause 14.

 

14.1 Internal dispute process

 

Safe2Pay aims to:

acknowledge receipt of all disputes within 5 business days; and

resolve all disputes within 28 days.

Should the Customer wish to raise a dispute, the Customer should do so by contacting Safe2Pay:

by email: support@safe2pay.com.au; and

by mail: Safe2Pay Pty Ltd, 25 Bligh Street, Sydney NSW 2000 (or whatever its current address is as indicated on Safe2Pay’s website from time to time)

Complaints should be raised with Safe2Pay as soon as possible so that the parties have an opportunity to resolve it quickly.

Safe2Pay may reasonably request additional documentation and/ or information from the Customer to assist in resolving any dispute.  The Customer must provide all reasonable assistance to Safe2Pay.

Where Safe2Pay cannot resolve a dispute within 28 days, Safe2Pay will notify the Customer of the reason for this as well as an indication of when Safe2Pay expects to resolve the dispute.

If the Customer is not satisfied with the outcome of its dispute after it has been through Safe2Pay’s internal dispute process above, the dispute may be referred to a mediator and must be dealt with in accordance with clause 14.2 below.

 

14.2 Referral to a mediator

 

Subject to clause 14.1 above, the Customer may refer the dispute to mediation conducted in Sydney by a mediator agreed between the parties within 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

The costs of the mediator shall be borne equally between Safe2Pay and the Customer.

The chosen mediator:

shall determine the procedure for the mediation;

may request additional documentation and/or information from the parties to assist in resolving the dispute.  The parties must provide all reasonable assistance to the chosen mediator; and

will not have the power or authority to make any other determination in relation to the dispute.

The parties shall attend mediation in Sydney within 10 business days or such other time as agreed to by the parties of the selection of the mediator.

If the dispute is not resolved at mediation, the Customer may then commence such legal proceedings as it thinks fit in relation to the dispute.

  

 

15. Force Majeure

 

Except for the Customer’s obligation to make payments, neither party will be liable to the other party for any delay or failure to perform any of its obligations pursuant to these terms under this Agreement if such delay or failure is due to a cause or matter beyond the reasonable control of that party, including wars, terrorism (including cyber terrorism), strikes, lockouts, delays or defaults of Safe2Pay’s manufacturers or suppliers or partners, outages, acts of God including natural events like fires, flood, earthquake or other adverse weather conditions. Safe2Pay shall not be or deemed to be in default or breach of its obligations under these Terms as a result of Force Majeure.

 

16. Confidentiality

 

Confidential information means all trade secrets, financial, marketing and technical information, know-how, ideas, concepts, technology, processes, knowledge, customers and pricing which is confidential or of a sensitive nature owned or used at any time by Safe2Pay in connection with the Services other than which is in the public domain (other than as a result of a breach of these Terms or a similar agreement).

Except as expressly permitted by these Terms, the Customer agrees to keep confidential (and not disclose or use) and take all reasonable steps to ensure that it and its directors, officers, employees and agents keep confidential, at all times the Confidential Information.

The Customer may make disclosures regarding Confidential Information to the extent required:

by law or by any regulatory body having jurisdiction over the Customer.

 

17. Miscellaneous

 

Jurisdiction

 

These Terms are governed by the laws in force in New South Wales, Australia.  Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.

 

Severability

 

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability.  This will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of the provision in any other jurisdiction.

 

Assignment

 

The Customer may not transfer or assign any rights and/or obligations under these Terms without the prior written consent from Safe2Pay which can be withheld in Safe2Pay’s absolute discretion.

Safe2Pay may transfer or assign any rights and/or obligations under these Terms to a third party at any time without the Customer’s consent.

 

Conflicting Terms

 

In the event of any inconsistency or conflict between the terms contained herein with the words or terms of any other agreement or contract entered into between the Customer and Safe2Pay other than any amendment agreed to in writing between the parties, the terms contained in this Agreement will prevail.

 

Non-Waiver

 

Failure of Safe2Pay to insist upon strict performance of any term contained herein or any rights with respect thereto shall in no way be considered as a waiver of such term or terms or rights or in any way affect the validity of these Terms.

 

Variations

 

No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of eachof the parties.

 

18.Notices and Communications

 

18.1 Safe2Pay to the Customer

 

These Terms and any other agreements, notices or other communications may be provided to you electronically.

The Customer agrees to receive all communications from Safe2Pay in electronic form.

The Customer must keep its contact details up to date at all times and communicate any change of address, email or phone details or otherwise to Safe2Pay.

 

The Customer to Safe2Pay

 

All notices including dispute notices must be in writing and sent to Safe2Pay by mail to Safe2Pay Pty Ltd, Level 8, 25 Bligh Street, Sydney NSW 2000 (or such other current address as appears from time to time on its website) and by email indicated below.

Any other communications may be provided to Safe2Pay:

by email: support@safe2pay.com.au; and

by phone (Australia): 1800 723 327.

 

19.Entire agreement

 

These Terms contains the entire agreement of the parties with respect to its subject matter and supersedes all prior discussions, representations, understandings or agreements

 

PRIVACY POLICY

 

COLLECTION OF INFORMATION

 

In order to use the Safe2Pay’s payment solutions, including Payment Gateway, EFTPOS and/or Mobile Wallet Solutions (“Safe2Pay Payment Solutions”), we require information including but not limited to;-

Contact details including your name, email address, telephone/mobile number and address.

Payment details including credit/debit card details.

Correspondence, particularly with regard to sales, support and accounts, including email.

Any information referred to above (the “Collected Information”) is collected via correspondence from you or your company. This may be via the telephone, email, or directly through our website.

 

USE OF COLLECTION INFORMATION

 

Any Collected Information is required in order to provide you with the Safe2Pay Payment Solutions and a high level of customer service.

Correspondence is recorded in order to provide service references, and to assist in our staff development.

 

COOKIES

 

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on the Safe2Pay website. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. Persistent cookies may be used for affiliate registrations, analytics and other similar purposes. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We use cookies in the following ways:

When you register for any of Safe2Pay’s Payment Solutions, we use cookies to make it easier for you to navigate through and complete the registration form.

When you log in to your Safe2Pay Dashboard, available once you are a Safe2Pay customer, we use cookies to easily authorize your credentials as you navigate through our secure pages.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as our administration area, may be limited.

Some of our business partners (e.g. advertisers) use cookies on our site. We have no access to, or control over, these cookies.

This privacy statement covers the use of cookies by this site only and does not cover the use of cookies by any advertisers.

 

REGISTRATION

 

In order to use this website, you must first complete the registration sign up form and create a username and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest.

You have the option to provide company demographic information (such as industry type and business size) to us. We encourage you to submit this information so we can provide you with a more personalised experience on our site. Safe2Pay collects personally identifiable information from our users at several different points on our website.

 

ORDERS

 

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and postal address) and financial information (such as credit/debit card number, expiration date and CVV).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

 

COMMUNICATIONS

 

Safe2Pay uses personally identifiable information for essential communications, such as confirmation emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@safe2pay.com.au

 

THIRD PARTIES

 

We use other third parties to provide the essential links between the merchants, the banks and ourselves in order to provide Safe2Pay’s Payment Solutions. When you sign up for Safe2Pay, we will share the Collected Information as necessary for the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose.

Safe2Pay does not share any Collected Information with third parties for any unknown or unrelated uses.

 

LEGAL

 

We reserve the right to disclose your Collected Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.

 

TESTIMONIALS

 

We post customer testimonials on our website which may contain personally identifiable information such as the customer’s name. We shall obtain the customer’s consent prior to posting the testimonial.

 

PARTNER DIRECTORY

 

Safe2Pay provides free-of-charge a directory for associated partners to join. This is a process initiated and completed entirely by the partner, with all information submitted by the partner. If at any time the partner feels that they no longer wish to be a part of this directory they can request to be removed by emailing us at support@safe2pay.com.au

 

LINKS

 

There are many links on the Safe2Pay website to external entities. The terms and conditions set out in this privacy statement only cover the domain name of www.safe2pay.com.au.

 

STORAGE OF COLLECTED INFORMATION 

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

For further protection, Safe2Pay also randomly generates a one-time token associated with the transaction.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable and industry standard means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our website, you can email us at support@safe2pay.com.au.

 

ACCESS TO COLLECTED INFORMATION

 

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate the information by making the change on the Your Profile page in the Safe2Pay Administration Area or by emailing our Customer Support at support@safe2pay.com.au or by contacting us by telephone or postal mail at the contact information listed below.

 

COMPLAINTS

 

Complaints about a breach of the APPs, by Safe2Pay, in relation to your personal information, must be made in writing, to support@safe2pay.com.au. Complaints will be reviewed by Safe2Pay’s Privacy Officer. A response will usually be provided within 30 days of receipt of the complaint. If, after following the procedure outlined above, you believe that your complaint has not been satisfactorily addressed by Safe2Pay, you can make a complaint to the Office of the Information Commissioner (“OAIC”) at www.oaic.gov.au.

 

CHANGES TO PRIVACY POLICY

 

Any changes to change our privacy policy, we will be posted on the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.

 

Safe2Pay

 

Safe2pay Pty Ltd

25 Bligh Street,

Sydney NSW 2000
Email:support@safe2pay.com.au

 

We look forward to welcoming you to the Safe2Pay Merchant Community.

 

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