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BPAY Payer Terms

Effective as of 20 August 2020

1. BPAY Payments

1.1 We are a member of the Scheme and we subscribe to BPAY Payments. BPAY Payments is an electronic payments service through which we can facilitate payments on your behalf to organisations (Billers) who offer payments through the “BPAY Payments” payment service (BPAY Payments). We offer BPAY Payments through the Marketplaces/Platforms who are our clients, and you must be a participant in a Marketplace/Platform to use the service.

1.2 We are acting as agent on behalf of Flexewallet Pty Ltd (ACN 164657032) in offering this service, under their Australian Financial Services Licence number 448066.

1.3 Use of the Scheme is governed by these BPAY Payer Terms. Please read our combined Financial Services Guide and Product Disclosure Statement before you make any BPAY Payment. In making a BPAY Payment you acknowledge that you have read the combined Financial Services Guide and Product DisclosureStatement and agree to be bound by the provisions of these BPAY Payer Terms.

1.4 We will tell you if we are no longer a member of the Scheme or if our subscription to BPAY Payments is cancelled.

2. How to use BPAY Payments

2.1 You can initiate a BPAY Payment via your Marketplace/Platform, in accordance with its rules and procedures. You must comply with the terms of the contract between you and your Marketplace/Platform.

2.2 Your Marketplace/Platform will set out the process you need to follow and the information you need to provide in order to make a BPAY Payment, but the instruction must include the following information:
- Biller Code;
- Amount to be paid;
- Your customer reference number with the Biller.

2.3 The Payer acknowledges 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 the Payer and that Biller.

3. Payments

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

3.2 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 3.6 below) when instructing us to make a Payment, or if you did not authorise a Payment that has been made from your account. Clause 4 describes when and how we will arrange for such a Payment (other than in relation to an underpayment) to be refunded to you.

3.3 Subject to clause 8 (Cut off Times) Billers who participate in BPAY Payments have agreed that a Payment you make will be treated as received by the Biller to whom it is directed:
(a) on the date you make that Payment, if you tell us to make the Payment before our Payment Cut Off Time on a Banking Business Day;
(b) on the next Banking Business Day, if you tell us to make a Payment after our Payment Cut Off Time on a Banking Business Day, or on a non Banking Business Day.

3.4 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) you tell us to 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.

3.5 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.

3.6 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.

3.7 You must ensure that that you provide your Marketplace/Platform with sufficient funds to make any BPAY Payment.

  1. Full legal name;
  2. Email address;
  3. Current address;
  4. Month and year of birth;
  5. Social security number or tax number;
  6. Bank account details;
  7. Government Issued ID.
  1. You will be provided with an opportunity to make representations about the outcome of the validation process; and
  2. Assembly will provide You with sufficient information about the underlying logic of the processing of the information relating to You, in order to enable You to make such representations.

4. Liability

Mistaken payments, unauthorised transactions and fraud
4.1 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 4 and clause 15, 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
4.2 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
4.3 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
4.4 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
4.5 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”*
4.6 A 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 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 the Biller.
IMPORTANT:
Even where your payment has been made using a credit card account or a charge card account, no“chargeback” rights will be available for BPAY Payments.

Indemnity
4.7 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

4.8 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.

5. Payment queries

(a) If you believe there has been an error or omission in the processing of BPAY Payment/s or you wish to lodge a complaint about our services, please contact us by:
i. Calling us: 1300 047 883;
ii. writing to Level 18/15 William St, Melbourne VIC 3000;
iii. sending us an email to: support@assemblypayments.com

(b) If you tell us that a BPAY Payment made from your account is unauthorised, you must first
give us your written consent addressed to the Biller who received the BPAY Payment, consenting to us obtaining from the Biller information about your account with that Biller or that BPAY Payment, including your customer reference number and such information as we reasonably require to investigate the BPAY Payment. We are not obliged to investigate or rectify any BPAY Payment if you do not give us this consent.

(c) Within 20 Business Days of receiving from you the full details of your complaint, we will advise you in writing of the outcome of our investigation. (If, in exceptional circumstances, more time is needed to complete our investigation we will advise you of this in writing.) We will provide you with reasons for our findings, with reference to the relevant provisions of these BPAY Payer Terms.

(d) If you are not satisfied with our findings, you may request a review by our senior management, or you may refer the matter to the:
Australian Financial Complaints Authority
GPO Box 3, Melbourne Vic 3001
Telephone: 1300 78 08 08 Fax: (03) 9613 7345
Website: www.afca.org.au

6. Change to terms

6.1 We can change these terms at any time in the circumstances set out in clause 6.2 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.

6.2 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.

 6.3 We will make any changes available on our website www.assemblypayments.com.

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

7. Suspension

7.1 We may suspend your right to participate in BPAY Payments at any time in the circumstances set out in clause 7.2. Where possible, we will give you advance notice of any suspension of your right to participate. 

7.2 The circumstances in which we may suspend your right to participate in BPAY Payments are:

  • if we suspect that you are using BPAYPayments in connection with any activities which are unlawful;
  • if your use of BPAY Payments will or is likely to cause damage to the integrity, stability or reputation of the Scheme;
  • if we are requested or required to do so by BPAY or any regulatory authority;
  • if you breach any obligation under these BPAY Payer Terms which is capable of remedy and do not remedy that breach within 20 Banking Business Days of receipt of a notice from us specifying the breach and requiring the breach to be remedied;
  • you breach any obligation under these BPAYPayer Terms which is incapable of remedy.

8. Cut-off times

If you tell us to make a payment before 4pm AEST 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.

9. 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.

10. Account records

You should check your account records carefully and promptly report to us as soon as you become aware of them 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.

11. 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.

12. Privacy

12.1 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 Pty Ltd) or any other participant in BPAY Payments and any agent appointed by any of them from time to time, including BPAY Group Limited, 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;
(ii) such of your transactional information as is necessary to process your Payments. Your Payments information will be disclosed by BPAY Pty Ltd, through its agent, to the Biller’s financial institution.

12.2 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 12.1, as necessary.

12.3 You can request access to your information held by us, BPAY Pty Ltd or its agent, BPAY Group Limited at their contact details listed in the Definitions clause 13, or by referring to the procedures set out in the privacy policy of the relevant entity.

12.4 Our privacy policy, along with the privacy policies of BPAY Pty Ltd and BPAY Group Limited, 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.

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

13. Definitions

Banking Business Day - any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.

Biller - see clause 4.1.

BPAY Pty Ltd - BPAY Pty Limited ABN 69 079 137 518, located at Level 1, 255 George Street, Sydney NSW 2000.

BPAY Payments - see clause 4.1.

BPAY Group Limited - BPAY Group Pty Ltd, ABN 60 003 311 644

“Marketplace” or “Platform” means a digital intermediary service connecting or facilitating end users transacting with each other and/or the Marketplace or Platform.

Payment – a payment made using BPAY Payments.

Payment Cut-Off Time - with respect to a Banking Business Day, the time specified in clause 12 for that day.

Scheme – means the scheme operated by BPAY from time to time to provide payment services to end customers.

You - the account holder instructing us to make Payments from time to time. Any other grammatical form of the word “you” has a corresponding meaning.

We - Assembly Payments Platform Pty Ltd (ACN 637 632 645) trading as Assembly Payments. Any other grammatical form of the word “we” has a corresponding meaning.

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