Terms and Conditions

This Terms and Conditions document is a contract between you and Sniip Ltd ACN 161 862 068 (Sniip, we, us or our) and applies to your use of the Sniip Application (App).

Terms of Use

Use of the App is at your own risk and the terms under which you access the App are set out in this document (Terms of Use or Terms). Your access to, and use of, the App is conditional upon compliance with, and acceptance of, the Terms, so please read these carefully. By downloading or using the App you acknowledge that you have read and fully understood, agree with, and accept all of the terms and conditions in these Terms.

Amendments

We may update these Terms from time to time and your use of the App will be governed by the most recent Terms available at http://sniip.com/terms-and-conditions/. We will notify you if we make any change to the Terms before those changes take effect.  We will give you at least 20 days’ advance written notice if we make any of the following changes to the Terms:

  • imposing or increasing fees or charges for issuing or replacing a device or pass code;
  • imposing or increasing fees and charges for performing transactions;
  • increasing your liability for losses relating to transactions; or
  • imposing, removing, or changing a daily or other periodic limit on:
    • transactions;
    • a facility; or
    • electronic equipment.

Your continued use of the App following any changes to these Terms indicates your acceptance of any changes to these Terms. The App is currently made available to you free of charge, but there are fees payable if you use our Scan-To-Pay Product (please see the section titled “Scan-To-Pay Product Terms” below). We reserve the right to amend or withdraw the App, cease support or charge for the App or service provided to you at any time and for any reason.

ePayments Code

Sniip is a subscriber to the ePayments Code found at https://asic.gov.au/regulatory-resources/financial-services/epayments-code/.  Sniip warrants that it will comply with the ePayments Code.  If you feel that we have breached the ePayments Code in any way, you are entitled to make a complaint to us in accordance with the dispute resolution provision of these Terms.

Registration

When registered on the App, you represent and warrant that you are able to form a binding contract with Sniip and that you have the authority to enter into, and the capacity to be bound by, these Terms, and that all information you have provided is true, accurate and complete.

You must ensure that your registration details on the App are true and correct at all times. Upon installation of the App, you are responsible for ensuring that the App is used in accordance with the Terms of Use and any instructions we provide in relation to the App. We are not liable to install the App or to provide any services or support in respect of the installation of the App, except as expressly stated in the Terms. You must ensure that your access to and use of the App is not prohibited by laws that apply to you.

Identity Verification

You hereby authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/mobile telephone number or third-party bank accounts or Cards used, and verifying your information against third party databases or through other sources. Please refer to our Privacy Policy which sets out how we use and store your personal information. Any of your information we provide to one of our partners may be held and used in accordance with that relevant partner’s privacy policy.

Suspension or Termination

We reserve the right at our sole discretion to restrict, terminate or suspend these Terms and your access to all or any part of the App at any time and for any reason without prior notice or liability. All provisions of the Terms which by their nature should survive termination shall survive termination, including, intellectual property provisions, liability provisions, warranty and indemnity provisions.

If we limit or close your account or terminate use of the App for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated these Terms, restoration of access is at our sole discretion.

Card Details

It is your responsibility to ensure that the Card details that you provide are correct and you warrant that you are authorised to use Cards that you upload to the App.

You may be required to verify any accounts or Cards which you attempt to link to the App. Failure to complete such verification as we reasonably require entitles us to terminate or suspend your access to the App.

Spend limits

You will be responsible for any costs (if any) associated with charges related to exceeding any daily or other spend limit imposed by your financial institution or as set by a Biller. You should also note that your payment may be rejected and thus not processed if you exceed any daily or other spend limit.

Processing

All due dates are set for the end of the day in the Biller’s time zone (e g DD MM YYYY, 23:59).

Statements and receipts

We will provide you with an electronic receipt for each payment you instruct us to make to a Biller via the App.  We will provide you with an electronic statement of all transactions made via the App every six months (unless you tell us you want to receive statements more frequently) and upon request.  Paper copies of receipts or statements will not be available.

Financial advice

Sniip does not provide any financial advice in connection with the App or its use.

Biller Terms and Conditions

When you instruct us to pay a Biller via the App, all payments to that Biller are done pursuant to the contract or commercial arrangements between yourself and the Biller. Sniip has not approved or screened any products, services or Bills provided by any Biller and is not responsible for any services, products, or errors in a Bill provided by a Biller to you.

Intellectual Property

All rights, title and interest to the App and any related intellectual property are owned by Sniip. Nothing you do will transfer any intellectual property from Sniip to you. You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via the App or any portion of it may result in legal action being taken. You agree to not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the App or any related software.

We grant to you, and you accept, a non-exclusive, royalty free, revocable and non-transferable limited licence to install and use one copy of the App on your Device in machine executable object code form solely for your own personal use. You must not re-sell, sub-license, rent, lease or otherwise distribute the App. All other rights in respect of the App are reserved to us.

If you download the App through the Apple App Store and/or the Google Play Market, in addition to these Terms, your use of the App is also subject to Apple’s End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdthese Terms/ or Google Play’s Terms of Service available at https://play.google.com/intl/en_au/about/play-terms.html, as applicable.

Use

You agree that you may not use the App in any way that is, or for purposes, that are prohibited under the Terms or any law in force in your jurisdiction. You also agree not to engage in any activity that interferes with or disrupts the servers and networks relating to the App. You must not work around any technical limitations in the App or attempt to run the App on an unsupported platform.

Eligibility

In order to use the App you will need an eligible Device and Sniip recommends that you keep your Device updated for the latest operating system and security software as released by the Device or system operator. Sniip will not be liable if the App cannot function, or cannot function properly, due to an out of date operating system or security features.

Multiple Devices

The App is available for you to use on more than one Device. The Terms apply to each Device that you may use.

Protecting against unauthorised use

You are responsible for maintaining the confidentiality of your PIN and password for all accounts used by you to access the App. You acknowledge and agree that you are solely responsible for all activities that occur under all such accounts and for the security of your PIN, passwords and Device.

Security precautions

We recommend the following:

  • Don’t select a PIN or password that:
    • represents your birth date;
    • represents a recognisable part of your name; or
    • is the same PIN as that used for your Card.
  • Don’t write your PIN or password or carry a record of them:
    • on your Device; or
    • on anything that is carried with or could be lost together with your Device,

unless you make a reasonable attempt to protect the security of your PIN or password including by (but not limited to):

    • hiding or disguising them among other records;
    • hiding or disguising them in a place where they would not be expected to be found; or
    • preventing unauthorised access to an electronically stored copy of your PIN or password.
  • Don’t tell or show your PIN to anyone else (including family and friends).
  • Don’t leave your Device unattended and left logged into the App and exit from the App at the end of each session.
  • Do enable password-protection and other security features that may be made available on your Device to stop unauthorised use of the App.
  • Do change your PIN at regular intervals.

You should immediately tell your financial institution and us:

  • if you believe your Card or other account may be compromised;
  • your PIN, password or Device has been lost or stolen;
  • that an electronic fund transfer has been made without your permission; or
  • if the statement from your financial institution shows transfers that you did not make.

You agree that you will:

    • not leave your Device unattended and logged into the App.
    • lock your Device or take other steps necessary to stop any unauthorised use of the App.
    • not act fraudulently or maliciously in relation to the App or related software. As examples, you will not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the App or software.
    • not override the software lockdown on your Device (e.g. jailbreak your Device).
    • promptly update, and keep updated, the operating system and security software for your Device when released by the Device or system provider.
    • not permit any other person to store their Biometric Identifier on your Device.
    • before you sell or permanently give your Device to any person, delete the App and, if you have enabled a Biometric Identifier for access to the App, disable this feature within the App (e.g. disable Touch ID or Face ID).

Unauthorised access or lost Device

You must notify us at info@sniip.com immediately upon becoming aware of any unauthorised use of any of your passwords, accounts or the App, or if you lose your Device.

Links and Advertisements

The App may contain links to other websites which are not covered by these Terms and may have their own terms and conditions and privacy policies.

We have not reviewed all of the third party websites linked on the App and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Sniip does not endorse, support or sponsor those websites, their operators, the goods, services or content that they describe.

If you choose to access these third party linked websites, you do so at your own risk. Sniip is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Sniip is not responsible for and will not be liable in respect of any incorrect link to an external website.

Privacy

Sniip collects and stores personal information in accordance with the Privacy Laws and Sniip’s Privacy Policy can be found at https://sniip.com/privacy-policy/.

No warranty

Sniip has made efforts to ensure that information provided in the App by Sniip is free from error, however, Sniip does not warrant the accuracy or completeness of any information provided in the App. Furthermore, Sniip does not warrant that the App will always be available or free from defects.

Apple Terms

 If you have obtained the App via Apple’s App Store, then you acknowledge and agree that:

  • these Terms are concluded between you and Sniip, and not Apple, Inc. (“Apple“);
  • Sniip, and not Apple, is solely responsible for the App;
  • the Licence granted to you is subject to Apple’s Usage Rules set out in the App Store Terms and Conditions set out at http://www.apple.com/legal/internet-services/itunes/au/terms.html#APPS;
  • Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App;
  • in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App;
  • to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
  • Apple is not responsible for any claims that you have arising out of your use of the App;
  • Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the App infringes that third party’s intellectual property rights; and
  • Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these against you as a third party beneficiary.

You acknowledge that the App may be subject to the export control laws of various countries, including without limitation the laws of the US.

You represent and warrant that:

  • you are not located in a country that is subject to a government embargo, or that has been designated by a government as a “terrorist supporting” country; and
  • you will not export the App to countries, persons or entities that are subject to a government embargo, or that have been designated by a government as a “terrorist supporting” country; and
  • you are not listed on any government list of prohibited or restricted parties.

Liability and indemnity

When you are not liable for a loss

  • You will not be liable for loss arising from an unauthorised transaction if the cause of the loss is any of the following:
    • fraud or negligence by a Sniip employee or agent, a third party involved in networking arrangements, or a merchant or their employee or agent;
    • a PIN or password which is forged, faulty, expired or cancelled;
    • <span”>a transaction requiring the use of a PIN or password that occurs before you receive the PIN or password (including in the case of a re-issued PIN or password);
    • a transaction being incorrectly debited more than once;
    • an unauthorised transaction performed after you inform Sniip that a Device has been misused, lost or stolen, or the security of a PIN or password has been breached.
  • You will not be liable for loss arising from an unauthorised transaction that can be made without a PIN or password.
  • You will not be liable for loss arising from an unauthorised transaction where it is clear that you have not contributed to the loss.
  • You will not be liable for loss caused by the failure of a system or equipment provided by us or a third party which we rely upon to complete a transaction in accordance with your instructions.

When you are liable for a loss

  • Where we can prove on the balance of probability that you contributed to a loss arising from an unauthorised transaction through fraud, or breaching the pass code security requirements set out in clause 12 of the ePayments Code:
    • you will be liable in full for the actual losses that occur before you report the loss, theft or misuse of your Device or security breach of your PIN or password to us.
  • Where we can prove on the balance of probability that you contributed to a loss arising from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of your Device or a security breach of your PIN or password to us:
    • you will be liable in full for the actual losses that occur between:
      • when you became aware of the security compromise, or should have reasonably become aware in the case of a lost or stolen Device; and
      • when you report the security compromise to us.
  • In both cases described above, you will not be liable for the portion of losses:
    • incurred on any one day that exceeds any applicable daily transaction limit; or
    • incurred in any period that exceeds any applicable periodic transaction limit.
  • Where a PIN or password was required to perform an unauthorised transaction and we are unable to prove any of the matters described above, you will be liable for the least of:
    • the amount of $150; or
    • the actual loss at the time you report the misuse, loss or theft of your Device or security breach of your PIN or password to us.

Limitation of liability of Sniip

To the maximum extent permissible at law, we accept no responsibility or risk for the content provided, printed, sent or received in relation to the App, including by a Biller. You, by accessing or using the App accept all responsibility, risk and liability for the content chosen, added, edited, provided, uploaded and modified.

We do not, and we are under no obligation to, monitor or review any ratings, comments, communications, forums, discussions, postings, transmissions and other messages communicated by users of the App and we assume no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against us for defamation, libel or whatsoever arising out of any such communication.

Nothing in this Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the fullest extent permitted by law, the liability of Sniip for a breach of a non-excludable guarantee under the ACL is limited, at Sniip’s option, to:

  • in the case of goods supplied or offered by us, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
  • in the case of services supplied or offered by us: the supplying of the services again; or the payment of the cost of having the services supplied again.

Deregistering from the App

You may deregister from using the App at any time, do so by emailing info@sniip.com.

Helpdesk / Queries, Reports and Complaints

lease contact Sniip at customercare@sniip.com.  You may also write to us at Sniip Ltd, Suite 3, Level 5/10 Market Street, Brisbane QLD 4000. If you request information from us, we are required to respond to you within 15 days unless exceptional circumstances apply.

If you make a complaint to us, we are required to complete an investigation and advise you of the outcome in writing or advise you of the need for more time to complete our investigation in writing within 21 days.  We are required to complete our investigation within 45 days of your complaint unless exceptional circumstances apply.

If your complaint relates to our Scan-To-Pay Product and we are unable to resolve your complaint within 45 days or you are dissatisfied with how your complaint was handled or its outcome, you can refer your complaint to the Australian Financial Complaints Authority (AFCA), an independent external dispute resolution scheme covering applicable Australian customers.

AFCA can be contacted at:

Online: www.afca.org.au

Email: info@afca.org.au

Phone: 1800 931 678

Mail: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001

Governing Law

The Terms of Use are governed by and interpreted in accordance with the laws of the State of Queensland and the Commonwealth of Australia. Any dispute under these Terms or otherwise in connection with the App will be brought exclusively in the courts of the State of Queensland and the courts of Australia, except where prohibited by law.

M-Billing (these clauses apply to m-billing users only)

M-Billing: Sniip is able to deliver your Notice/s or Bills via Sniip’s M-Billing Inbox in place of post.

By registering to receive Notice/s by Sniip’s M-Billing you acknowledge you have read, understood and agree to the additional terms and conditions below.

  1. For the nominated property, the Biller will no longer post paper Notices to you or any person to whom paper Notices were previously sent.
  2. All future Notices will be in the form of a PDF attachment via push notification sent to the email address or mobile number nominated by you.
  3. You agree that the storage and retention of the Notice/s is your responsibility.
  4. You may withdraw your request for m-billing of Notice/s any time by deregistering in the Sniip app under Account>M-Billing Inbox Setup or contact your Biller.
  5. Due to processing times to register/deregister/change your registration details within 7 working days of the issue date of a Notice, your request may not take effect until the following Notice.
  6. It is the owner’s responsibility to ensure that the nominated email address and/or mobile number is correct prior to the issue date of Notice/s.
  7. You must promptly inform the Biller of any change of email address and/or postal address.
  8. The delivery of Notice/s may be cancelled by you by deregistering in the Sniip app under Account>M-Billing Inbox Setup or contacting the Biller. Should you fail to do so you accept responsibility for any loss of discount or late payment that may result due to the failure to receive Notice/s.
  9. You agree that you are deemed to have received the Notice/s once the push notification has been sent.
  10. If Sniip receives a non-delivery receipt, the Notice/s will be posted to the mailing address listed in the Biller’s records and you will be automatically deregistered from receiving Notices by Sniip until you have updated your registration details with Sniip.

Scan-To-Pay Product Terms (these clauses apply to Scan-To-Pay Product users only)

Part A

1. Payments

1.1 We will not accept an order to stop a Payment once you have instructed us to make that Payment.

1.2 You should notify us immediately if you become aware that you may have made a mistake (except when you make an underpayment – for those errors see clause 1.6 below) when instructing us to make a Payment, or if you did not authorise a Payment that has been made from your account.  Clause 2 describes when and how we will arrange for such a Payment (other than in relation to an underpayment) to be refunded to you.

1.3 Subject to clause 10 (Cut off Times) Billers who participate in BPAY Payments have agreed that a Payment we make on your behalf will be treated as received by the Biller to whom it is directed:

(a) on the date we make that Payment, if we make the Payment before our Payment Cut Off Time on a Banking Business Day; or

(b) on the next Banking Business Day, if we make a Payment after our Payment Cut Off Time on a Banking Business Day, or on a non-Banking Business Day.

1.4 A delay may occur in processing a Payment where:

(a) there is a public or bank holiday on the day after you tell us to make a Payment;

(b) we make a Payment either on a day which is not a Banking Business Day or after the Payment Cut-off Time on a Banking Business Day;

(c) another financial institution participating in BPAY Payments does not comply with any applicable obligations relating to BPAY Payments; or

(d) a Biller fails to comply with any applicable obligations relating to BPAY Payments.

1.5 While it is expected that any delay in processing under this agreement for any reason set out in clause 1.4 will not continue for more than one Banking Business Day, any such delay may continue for a longer period.

1.6 You must be careful to ensure that you tell us the correct amount you wish to pay. If you instruct us to make a Payment and you later discover that the amount you told us to pay was less than the amount you needed to pay, you can make another Payment for the difference between the amount actually paid to a Biller and the amount you needed to pay.

2. Liability

EFT Code / ePayments Code

2.1 If under this clause 2 you are liable for an unauthorised or fraudulent payment and the ePayments Code applies, then your liability is limited to the lesser of:

(a) the amount of that unauthorised or fraudulent payment; and

(b) the limit (if any) of your liability set out in our Terms of Use.

If (b) applies, we will be liable to you for the difference between the amount for which you are liable and the amount of the unauthorised or fraudulent payment.

Mistake payments, unauthorised transactions and fraud

2.2 We will attempt to make sure that your Payments are processed promptly by the participants in BPAY Payments, including those Billers to whom your Payments are to be made.  You must promptly tell us if:

    • you become aware of any delays or mistakes in processing your Payments;
    • if you did not authorise a Payment that has been made from your account; or
    • if you think that you have been fraudulently induced to make a Payment.

We will attempt to rectify any such matters in relation to your Payments in the way described in this clause.  However, except as set out in this clause 2 and clause 13, we will not be liable for any loss or damage you suffer as a result of using BPAY Payments.

The longer the delay between when you tell us of the error and the date of your Payment, the more difficult it may be to perform the error correction.  For example, we or your Biller may not have sufficient records or information available to us to investigate the error. If this is the case, you may need to demonstrate that an error has occurred, based on your own records, or liaise directly with the Biller to correct the error.

Mistaken payments

2.3 If a Payment is made to a person or for an amount, which is not in accordance with your instructions (if any), and your account was debited for the amount of that payment, we will credit that amount to your account.  However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount of that payment from the person who received it within 20 Banking Business Days of us attempting to do so, you must pay us that amount.

Unauthorised payments

2.4 If a Payment is made in accordance with a payment direction, which appeared to us to be from you or on your behalf but for which you did not give authority, we will credit your account with the amount of that unauthorised payment.  However, you must pay us the amount of that unauthorised payment if:

(a) we cannot recover within 20 Banking Business Days of us attempting to do so that amount from the person who received it, and

(b) the payment was made as a result of a payment direction, which did not comply with our prescribed security procedures for such payment directions.

If we are able to recover part of the amount of that payment from the person who received it, you must only pay us the amount of that payment that we are not able to recover.

Fraudulent payments

2.5 If a Payment is induced by the fraud of a person involved in the Scheme, then that person should refund you the amount of the fraud-induced payment.  However, if that person does not refund you the whole amount of the fraud-induced payment, you must bear the loss unless some other person involved in the Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced payment that is not refunded to you by the person that induced the fraud.

Resolution principles

2.6 If a Payment you have made falls within the type described in clause 2.4 and also clause 2.3 or 2.5, then we will apply the principles stated in clause 2.4.

If a Payment you have made falls within both the types described in clauses 2.3 and 2.5, then we will apply the principles stated in clause 2.5.

No “chargebacks”

2.6A Except where a Payment is a mistaken payment referred to in clause 2.3, an unauthorised payment referred to in clause 2.4, or a fraudulent payment referred to in clause 2.5, Payments by us through the Scheme are irrevocable.  No refunds will be provided through BPAY Payments where you have a dispute with the Biller about any goods or services you may have agreed to acquire from the Biller. Any dispute must be resolved with us or the Biller.

IMPORTANT

Even where your Payment to us has been made using a credit card account or a charge card account, no “chargeback” rights will be available for BPAY Payments by us through the Scheme.  However, you may have “chargeback” rights against us in respect of your payment to us.

Indemnity

2.7 You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you acted negligently or fraudulently in connection with this agreement.

Biller consent

2.8 If you tell us that a Payment made from your account is unauthorised, you must first give us your written consent addressed to the Biller who received that Payment, consenting to us obtaining from the Biller information about your account with that Biller or the Payment, including your customer reference number and such information as we reasonably require to investigate the Payment.  If you do not give us that consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that Payment.

Part B

3. BPAY Payments

3.1 We are a member of the Scheme and we subscribe to BPAY Payments.  BPAY Payments is an electronic payments service through which you can ask us to make payments on your behalf to organisations (Billers) who tell you that you can make payments to them through the “BPAY Payments” payment service (BPAY Payments).

We will tell you if we are no longer a member of the Scheme or if our subscription to BPAY Payments is cancelled.  For the purposes of BPAY Payments, we may also be a Biller.

3.2 When you tell us to make a Payment, you must give us the information specified in clause 6 below.  We will then debit your Card with the amount of that Payment.

4. How to use BPAY Payments

4.1 You can make Payments through your registered account on the App.

4.2 Transactions through the Scan-To-Pay Product will be processed in accordance with the following:

(a) The App will enable a user to scan a paper or email bill and digitise and store the BPAY Payment details.

(b) The App will verify the validity of the BPAY Payment details.

(c) Sniip will debit a user’s Card as merchant for the bill amount plus any relevant surcharges and fees and place funds into an account held with an Australian Authorised Deposit Taking Institution (the ADI) in its own name on the user’s behalf.  This leg of the transaction does not utilise the BPAY Scheme.

(d) After cleared funds are received in Sniip’s account with the ADI (which may take up to three business days), Sniip will make payments from the funds held in the Sniip Account via BPAY.  This leg of the transaction utilises the BPAY Scheme and is subject to these Scan-To-Pay Product Terms. You will need to consider these timeframes when instructing Sniip to make BPAY Payments on your behalf to ensure that you pay your Bill on time.

4.3 You must comply with our standard Terms of Use, to the extent that the Terms of Use are not inconsistent with or expressly overridden by these Scan-To-Pay Product Terms.  The Scan-To-Pay Product Terms set out below are in addition to the Terms of Use.

4.4 When you use a credit card to pay a bill through the Scan-To-Pay Product, we treat that payment as a credit card purchase transaction.

4.5 You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between you and that Biller.

5. Valid payment direction

5.1 We will treat your instruction to make a Payment as valid if, when you give it to us you comply with the security procedures specified in our Terms of Use (see sections headed “protecting against unauthorised use“, “security precautions” and “unauthorised access or lost Device“).

6. Information you must give us

6.1 The information you must give us to instruct us to make a Payment include:

  • the Biller’s BPAY Biller Code;
  • your Customer Reference Number; and
  • the payment amount.

6.2 You acknowledge that we are not obliged to effect a Payment if you do not give us all of the above information or if any of the information you give us is inaccurate.

7. Payment queries

7.1 If you have any queries or complaints in respect of a Payment, please contact us using the details listed in our Terms of Use (refer to the section headed “Helpdesk / Queries, Reports and Complaints“).  We will attempt to resolve your complaint or query in accordance with those procedures..

8. Changes to terms

8.1 We can change these Scan-To-Pay Product Terms at any time in the circumstances set out in clause 8.2 by giving you notice in accordance with applicable legislative requirements or, if there are no applicable legislative requirements, in advance of the date the change takes effect.

8.2 The circumstances in which we may change these terms are to comply with changes in the law, because of changes in the operation of BPAY, because of changes in our systems or for security reasons.

8.3 We will tell you about any changes by notifying you through the App and to your nominated email address.

8.4 As a result of any change we may make, or for any other reason, you may, at your option, choose to no longer use BPAY.

9. Suspension

9.1 We may suspend your right to participate in BPAY Payments at any time in the circumstances set out in clause 9.2.  Where possible, we will give you advance notice of any suspension of your right to participate.

9.2 We may suspend your right to participate in BPAY Payments at our discretion for any reason, including for violation of our Terms of Use or the Scan-To-Pay Product Terms or if we reasonably suspect you or someone acting on your behalf of being fraudulently.

10. Cut-off times

10.1 If we make a payment before 5:00pm AEST / AEDT, it will in most cases be treated as having been made on the same day.

However, the payment may take longer to be credited to a Biller if you tell us to make a Payment on a Saturday, Sunday or a public holiday or if another participant in BPAY Payments does not process a Payment as soon as they receive its details.

11. When a Biller cannot process a payment

If we are advised that your payment cannot be processed by a Biller, we will:

(a) advise you of this;

(b) credit your account with the amount of the Payment; and

(c) take all reasonable steps to assist you in making the Payment as quickly as possible.

12. Account records

You should check your account records carefully and promptly report to us as soon as you become aware of any Payments that you think are errors or are Payments that you did not authorise or you think were made by someone else without your permission.

13. Consequential damage

This clause does not apply to the extent that it is inconsistent with or contrary to any applicable law or code of practice to which we have subscribed. If those laws or that code would make this clause illegal, void or unenforceable or impose an obligation or liability which is prohibited by those laws or that code, this clause is to be read as if it were varied to the extent necessary to comply with those laws or that code or, if necessary, omitted.

We are not liable for any consequential loss or damage you suffer as a result of using BPAY Payments, other than due to any loss or damage you suffer due to our negligence or in relation to any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.

14. Privacy

14.1 If you register to use BPAY Payments, you:

(a) agree to our disclosing to Billers nominated by you and if necessary the entity operating BPAY Payments (BPAY) or any other participant in BPAY Payments and any agent appointed by any of them from time to time, including BPAY Group Pty Ltd , that provides the electronic systems needed to implement BPAY Payments:

(i) such of your personal information (for example your name, email address and the fact that you are our customer) as is necessary to facilitate your registration

for or use of BPAY Payments; and

(ii) such of your transactional information as is necessary to process your Payments.  Your Payments information will be disclosed by BPAY, through its agent, to

the Biller’s financial institution.

14.2 You must notify us, if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in BPAY Payments referred to in clause 14.1, as necessary.

14.3 You can request access to your information held by us, BPAY or its agent, BPAY Group Pty Ltd at their contact details listed in the Definitions, or by referring to the procedures set out in the privacy policy of the relevant entity.

14.4 Our privacy policy, along with the privacy policies of BPAY and BPAY Group Pty Ltd, contain information about how you may complain about a breach of the Privacy Act 1988 (Cth), and the process by which your complaint will be handled.

14.5 If your personal information detailed above is not disclosed to BPAY or its agent, it will not be possible to process your requested Payment.

15. Fees

You agree to pay the surcharges as notified to you from time to time and calculated and displayed to you prior to instructing us to make a Payment and authorise Sniip to debit your nominated Card for all fees payable by you. If you request a refund of a Payment (where possible), you will be subject to a fee of $25 and Sniip will retain any surcharges paid by you in respect of that payment. Sniip may also receive any interest paid in respect of user funds held in its account with the ADI before a payment is made by Sniip to a biller via BPAY. Please see Product Disclosure Statement for more information on fees.

Sniip may also receive fees from the ADI and/or its processing partners for processing a BPAY payment.

16. Approval of Payments

16.1 Sniip is entitled to determine whether or not to approve an instruction to make a Payment at its sole discretion pursuant to its Know Your Customer (KYC) and fraud screening procedures and policies, any applicable law or regulation, for anti-money laundering purposes and for other legal and regulatory related reasons.  When rejecting a transaction, Sniip is under no obligation to disclose the reason for the rejection. You are solely responsible for any fees, costs and expenses associated with rejected transactions.

17. Liability and Indemnification

(a) Sniip will not be liable for any disruption or impairment of the Scan-To-Pay Product or for disruptions or impairments of intermediary services on which Sniip relies for the performance of its obligations, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond its reasonable control or the control of the intermediary affected. Sniip is not responsible for any event or matter which is beyond its reasonable control, such as acts of God, actions or omissions of financial institutions, card schemes or payment gateway providers or processors, legal or regulatory reasons, power failures and the like.

(b) Sniip will not be liable for any losses arising from its compliance with legal and regulatory requirements.

(c) You acknowledge that Sniip will provide the Scan-To-Pay Product using facilities provided by banks, payment service providers, clearing networks and other third party payment processing services (Service Providers). No commercial agreement exists between the Service Providers and yourself and each of the Service Providers will accordingly have no direct liability to you.

(d) Before making a payment in accordance with paragraph 1(b)(iv), Sniip will debit your Card through the card scheme as a merchant for the bill amount plus any relevant surcharges and fees.  You acknowledge that your funds are at risk until they are received into Sniip’s account with the ADI. You agree that the ADI has no responsibility for your funds before they are received into the account and that the ADI is not liable or responsible for any loss of funds that you may incur as a result of using the Scan-To-Pay Product.

Definitions

Application or App refers to a computer software application developed by us entitled Sniip. Reference to the “Application or App” includes all modifications, enhancements or updates thereto, and includes all associated printed, online or electronic documentation and instructions relating to it.

Biller refers to any organisation that is eligible to receive payments via the Sniip App.

Bill or Notice refers to any bill, including any rates and water notices issued by a city council, payable using the App.

BPAY refers to BPAY Pty Ltd ABN 69 079 137 518.

BPAY Rules refers to the BPAY Scheme Rules and Operating Procedures in force from time to time.

BPAY Scheme refers to the electronic payments service promoted by BPAY.

BPAY Payments Service refers to the feature within the App which allows users to pay bills via BPAY.

Card refers to any bank card, credit card or stored value card capable of being used in the App. Device refers to a mobile device with eligible software that is enabled for cellular or wireless internet connection and capable of having the App installed.

Privacy Laws refers to the Privacy Act 1988 (Cth) and all related regulations.

You (you) / Yours (yours) refers to anyone downloading and or accessing the App.

We / us / ours or the Company or Sniip refers to Sniip Ltd ACN 161 862 068.

Last updated: 13 August 2019