1. INTRODUCTION
1.1 This User Agreement is a contract between you (the User) and Flexe Payments (AUS) Pty Ltd (the Provider) governing your use of your INOVAPAY account and the INOVAPAY services.
1.2 By opening an INOVAPAY account and using the INOVAPAY Services, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies:
Please read carefully all of the terms and conditions of this user agreement and the terms of these policies. If there is any inconsistency between this user agreement and any of the above policies, the incorporated policy will prevail.
We may revise this user agreement and incorporated policies listed above. The revised version will be effective at the time we specify. If our changes reduce your rights or increase your responsibilities, we will post a notice on our website and provide notice to you of at least 30 days. You agree to receive notices electronically. By continuing to use our services after any changes to this user agreement become effective, you agree to comply with those changes. If you do not agree with any changes to this user agreement, you may discontinue the use of the INOVAPAY Services by closing down your INOVAPAY Account.
2. REGULATORY
2.1 These Terms are between you (the “User”, “you” or “your”) and Flexe Payments (AUS) Pty Ltd. (“Flexe Payments”, “the Provider”, “we”, “us” or “our”). Flexe Payments, a member of the Novatti Group (NOV) is a company incorporated in Victoria, Australia with Australian Business Number 19 630 617 640 and whose registered office is at Level 1, 293 Swanston Street, Melbourne, VIC, 3000, AUSTRALIA. Flexe Payments is an Authorised Representative (001271655) of Australian Financial Services Licence Holder (448066).
2.2 By accepting these Terms and using the INOVAPAY Service you acknowledge that:
(a) We are not a bank and your INOVAPAY Account is not a bank
account;
(b) Accounts are not insured by any government agency;
(c) We do not
act as a trustee, fiduciary or escrow holder in respect of balances in your INOVAPAY
Account; and
(d) We do not pay you interest on any balances in your INOVAPAY
Account.
3. ELIGIBILITY
3.1 In order to be eligible for opening an INOVAPAY Account and/or using the INOVAPAY Services, you must:
(a) Be at least 18 years of age;
(b) Be resident of a
country where registration for and use of the INOVAPAY Service does not violate the laws
or regulations of that country;
(c) Open an INOVAPAY Account in accordance with the
instructions set out in the registration page of our Website including completing all
requested information set out on the registration page;
(d) Maintain an active
address, phone number and email address;
(e) Satisfactorily pass all of our
required identity and security validation and verification checks; and
(f) Not be
in breach of these Terms or otherwise have access to your INOVAPAY Account restricted,
nor has/had any previous INOVAPAY Account closed by us.
3.2 You warrant to promptly update your INOVAPAY Account details if your name, address, email address, phone number, personal identification document or any other relevant information changes.
4. OPENING AN INOVAPAY ACCOUNT/USING THE INOVAPAY SERVICE
4.1 The successful completion of the signing up procedure and of the opening of INOVAPAY Account by the User constitute a prerequisite for the provision of any Service by the Provider. The prerequisites and the procedure for signing up and for the opening and activation of a INOVAPAY Account are differentiated according to the value and categories of Transactions that the User wishes to conclude.
4.2 Prerequisites and terms of Signing up:
(a) Signing up of each User is concluded electronically via
the INOVAPAY internet website (http://www.inovapay.com/);
(b) The User must only
hold one account at any one time;
(c) Each User states and records electronically
the details required by the system for the completion of the signing up and accepts
these Terms, after having diligently read and understood them. It is recommended to the
Users to proceed to the printing and/ or storing of the Terms accepted at a durable
medium. The capability of User to perform legal acts and transact on his own behalf is
prerequisite for signing up.
(d) Any User shall initially register the following
data:
i. Valid and active email address which has been legitimately
assigned to the User;
ii. Mobile telephone number to which the User is the
subscriber or the legitimate holder/user;
iii. Personal identification number of a
government issued document verifying the User’s identity;
iv. The secret unique
password to access the INOVAPAY Account which will be created by the User following the
systemic instructions of the Provider.
(e) Regarding the email address registered, the User:
i. Warrants that he is the legal beneficiary and user of this
email address;
ii. Is required to take appropriate measures to prevent potential
non authorised access and use of its email address and recognises that any communication
by means of this email address is deemed as originating, addressed and received by the
same.
(f) Regarding the mobile telephone number registered, the User:
i. Warrants that he is the subscriber or/and legitimate user
of the number and of the corresponding connection;
ii. Warrants that this number is
identified in its name as the subscriber or legal user.
(g) Regarding the government-issued personal identification number, the User:
i. Warrants that he is the legal owner of the personal
identification document whose number he/she has provided; and
ii. Warrants that the
document is valid at the time of submission;
(h) Regarding the password, the User must:
i. Keep the password secret and not disclose it and take
appropriate measures for the avoidance of any leak to any third party,
ii. Change
the password for security purposes periodically as well as in the event that its
unauthorized disclosure is assumed or identified.
iii. Never and for no reason to
use the INOVAPAY Account password which has been assigned to another User which may have
been disclosed to the same in any way whatsoever.
4.3 The Provider may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the transaction he concludes as well as based on other criteria which may apply on a case by case basis.
4.4. The Provider shall not request the User, ever and by any means whatsoever, (e.g. by
phone or e-mail), to disclose its INOVAPAY Account password. Any communication (e.g. by
phone or email) where the User is requested to provide its INOVAPAY Account password is
considered suspicious and should be treated by the User as such. If the User discloses
its email and INOVAPAY Account password to any third party, the User is liable for and
bears the consequences deriving from non-authorised access and/ or use such as,
indicatively, third party unauthorised access to its INOVAPAY Account available balance
for the conduct of transactions, access to transactions history and authentications
information, change for the User personal information, blocking of the User for the
conduct of transactions through User’s INOVAPAY Account etc. In the event that the User
suspects that its authentication information have been subject to interception or have
been disclosed by any way whatsoever to any third party, the User must change these
details promptly and then notify the Provider immediately at 
In any case, the User shall take any suitable measures so that the devices used in the
context hereof (personal computer, tablets, mobile phones) be equipped with suitable
special security programs (such as antivirus), in order to avoid or combat any malicious
software infection.
4.5 The Provider reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time verification – identification procedures with the purpose of verifying the identity of the User.
4.6 These rules and procedures of verification and identification applying are designed, selected and applied based on the following criteria:
(a) the kind of User and/ or
(b) the kind of
transactions the User concludes and/ or
(c) the amount of the transactions that the
User concludes.
4.7 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalisation of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason, the Verification and Identification procedures of the Users and the policies that the Provider applies for that purpose are designed and updated according to the compliance obligations of the Provider to the respective AML legislation and are notified each time at the INOVAPAY Website.
4.8. The Provider reserves the right to request from any User information and data concerning the same, the transactions made by means of using the INOVAPAY Services as well as any third parties who participate or interfere with these transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation.
4.9 You must provide and register, true, accurate, adequate and valid data and justification materials and must also proceed to any identification and validation indicated immediately and as soon as it is requested by the Provider. As a User, you acknowledge and accept that any lack or failure to completely comply with the requirements of the Provider may result, at the Provider’s sole discretion, to the unilateral suspension of the provision of the INOVAPAY Services, the blocking of the Available Balance of the INOVAPAY Account and/or the termination of the present agreement for material reason and at no cost for the Provider.
4.10 The Provider is entitled to unjustifiably reject any application for User registration to its Website and/or refuse to provide an INOVAPAY Account and/or the INOVAPAY Services, according to objective criteria set by the Provider at its absolute discretion.
4.11 The maximum amount that can be loaded into as well as the maximum total amount of payments made via an INOVAPAY Account with "Standard" status is $ 5.000 each per calendar year.
4.12 Before you can perform transactions whose amounts exceed the limits defined in point 4.11, you must upgrade your INOVAPAY Account to the status "Unlimited". To do so, you must submit your passport and a second document that has been issued by a governmental body or a regulated company (e.g. a power or gas bill). This data will be stored and checked electronically. After the required documents have been positively verified, the my INOVAPAY Account will be upgraded to "Unlimited" status and the customer will be informed accordingly via e-mail.
4.13 The Provider is entitled to permanently or temporarily increase or reduce this amount at any time, at its own discretion, to take account of money-laundering and security risks. The Provider may at its sole discretion also request additional documents for identification and verification purposes.
5. LOADING FUNDS INTO YOUR INOVAPAY ACCOUNT
5.1 The Provider will provide the User with one or more means of transferring funds to the INOVAPAY Account depending on the User’s country of residence. The Provider may add or remove payments methods as means of loading funds from time to time. The Provider will give reasonable advance notice prior to withdrawing any method of loading.
5.2 As a User, you accept that the funds may not be immediately available following the initiation of a transfer of funds to your INOVAPAY Account. You understand and acknowledge that such delay is outside the Provider’s reasonable control and subject to the relevant banking and financial network delays.
5.3 You hereby acknowledge that certain loading mechanisms may require the Provider to contract with third parties on your behalf wherever necessary in order to enable you to load funds into your INOVAPAY Account. You also acknowledge that such third companies may impose fees or any other applicable charges in accordance with their terms and conditions. You hereby accept and irrevocably authorise the Provider to deduct any such fee, charge or exchange difference collected by third companies before reflecting the value as available balance.
5.4 You must not attempt to load funds from, or a withdrawal from, a payment instrument or bank account if you are not the named account holder. We take any violation of this requirement very seriously and will treat such actions as fraudulent acts. Without prejudice to claiming further damages, if we are required to: (i) return funds from a payment instrument or bank account that is not in your name; or (ii) investigate any funds loaded to your INOVAPAY Account via any payment instrument or bank account that is not in your name, we may charge an administration fee of 100 USD per return/investigation.
6. MAKING PAYMENTS TO/FROM YOUR INOVAPAY ACCOUNT
6.1 You can make a Payment straight from your INOVAPAY Account to an Authorised Merchant, directly from the Merchant’s website that accepts payment from an INOVAPAY Account or another registered user by completing the information on the “Money Out” page of the INOVAPAY website, and, in some cases, you may be able to make a payment to or from an Authorised Merchant, directly from the website of that Merchant.
6.2 When making a Payment from your Account, you may not designate an amount in excess of the balance (plus the applicable Fees) in your INOVAPAY Account at the time the request is made. If you attempt to do so, your Payment request will be denied.
6.3 The amount of any Payment made to your INOVAPAY Account will be credited to your INOVAPAY Account balance, less any applicable Fees, on receipt. If a Payment credited to your Account is reversed by the sender prior to you performing a Transaction, the amount of the reversed Payment will be returned to the sender and no Fees will be owed by you.
6.4 You are fully responsible for any goods or services bought by you that are paid for through your use of the INOVAPAY Service. Any dispute with a Merchant regarding any product or service bought by you through the INOVAPAY Service is between you and the Merchant and you agree that we shall not be a party to such dispute. We do not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
6.5 Payments are subject to fees including currency conversion fees (if applicable).
6.6 Transactions are displayed in your online transactions history together with the date of receipt or transmission (the credit or debit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in your online transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your INOVAPAY Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
6.7 You must give consent to the execution of a Transaction for it to be authorised. You agree that by pressing the “agree” button or entering your Account ID Information (or any equivalent button or process whereby you submit the required Transaction information) you are confirming that you are providing consent for the Transaction to be processed and for the relevant Fees to be charged and deducted from your INOVAPAY Account. All Transactions made using your Account ID Information or any other security procedures that we require are deemed to be authorised by you. You also agree that once consent has been provided by you, the authorised Transaction can no longer be revoked. To this extent, the time of receipt of the Transaction request (and therefore the time of consent) is the time when the “agree” button has been pressed (or such equivalent button or process).
6.8 You acknowledge that your intended recipient of a Transaction from your INOVAPAY Account is not required to accept the Transaction. If an intended recipient declines a Transaction from your INOVAPAY Account, your INOVAPAY Account will be re-credited with the amount of the Transaction and no Fees will be charged.
6.9 If you receive funds into your INOVAPAY Account that were not intended to be transferred to you, we will be entitled to remove these funds from your Account.
6.10 You must ensure that the payment details you enter when making a Withdrawal are correct and complete. We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT or any other applicable unique identifier provided to you by your Financial Institution are correct. If you have withdrawn funds to the wrong account, you may request that we assist you in reclaiming the funds. However, we will charge you an administration fee of up to 100 USD for doing so and we cannot guarantee that the reclaim efforts will be successful.
7. NEGATIVE BALANCES AND REFUNDS
7.1 If a negative balance is created in your INOVAPAY Account (e.g. due to reversal of uploading funds, or a Transaction is processed for a larger amount than the amount of available funds in your INOVAPAY Account) or if you cause your Account to go into a negative balance for any other reason, you will be required to repay such negative balance by uploading sufficient funds into your INOVAPAY Account to bring it back to at least a zero balance. Your failure to do so is a breach of the Terms of this Agreement. You agree to pay us the outstanding amount immediately on demand. We shall be entitled to charge you for any reasonable expenses we incur as a result of any negative balance on your Account.
7.2 If you receive a refund for purchases by using the INOVAPAY Services, the refund will be paid to your INOVAPAY Account. Refunds may take up to 30 days to process.
7.3 Once you have used the INOVAPAY Service to make a purchase, we are unable to stop that Transaction.
8. SUSPENDING OR CLOSING YOUR ACCOUNT AND REDEEMING REMAINING BALANCE
8.1 You have the right to close your INOVAPAY Account and thereby terminate your agreement with us (and your right to use the INOVAPAY Service) at any time by notifying our Customer Contact Centre. If your INOVAPAY Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your INOVAPAY Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your INOVAPAY Account, but you may withdraw any remaining funds by contacting the Customer Contact Centre and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. If you want to access your transaction history after the closure of your Account, you will need to contact the Customer Contact Centre and request the information, you may do so for a period of seven years from the date of closure of your Account.
8.2 If there is a positive balance in your INOVAPAY Account at the time your Account is closed for any reason, these will be returned to you by the method you instruct (less the normal applicable Fees) provided the funds are not subject to any restriction.
8.3 We will process the Withdrawal request provided all identity and security validation and verification checks are successfully completed.
8.4 Any funds which remain unclaimed for a period of five years following closure of your INOVAPAY Account shall expire and be forfeited.
8.5 If an INOVAPAY Account has been closed, for any reason, no further Transactions will be possible (except to return to you the funds in your Account in accordance with these Terms). In the event that a Fee is incurred, or Transaction made on your Account prior to closure, you will be liable to pay any such sums to us on demand, notwithstanding the closure of your Account. This provision shall survive termination of the relationship between you and us.
8.6 We reserve the right to terminate this Agreement and thereby close your INOVAPAY Account and discontinue the provision of the INOVAPAY Service by giving you ten (10) days prior notice. Where termination is as a result of an event, act or omission that renders the Terms of this Agreement unenforceable, void or discharged (including as a result of illegality or change of law) we reserve the right to terminate this Agreement and close your INOVAPAY Account with immediate effect.
8.7 Notwithstanding the above, we may, at our discretion, suspend or limit access to your INOVAPAY Account (including without limitation, placing a hold on funds in your INOVAPAY Account, limiting your ability to make Transactions on your INOVAPAY Account, and limiting your payment options) or close your INOVAPAY Account, at any time, without notice, in any of the following circumstances:
(a) you breach any of the Terms of this Agreement;
(b)
if we have reasonable grounds to believe that your INOVAPAY Account has been used
without your authorisation, or in connection with an unauthorised or unusual Transaction
or unauthorised or unusual bank account use (including without limitation, notice of the
same by your bank);
(c) if we have reasonable grounds to believe that your INOVAPAY
Account has been used in connection with a prohibited transaction as stated in Section
9;
(d) if at any time we determine that you have provided us with any false,
inaccurate, incomplete or misleading information or any name, bank account or credit
card information that you are not legally authorised to use;
(e) funds being
credited to your Account as the result of fraud;
(f) you refuse to cooperate in an
investigation or to provide adequate identity or security information or documentary
evidence for verification when requested;
(g) if we believe your INOVAPAY Account
has been used or allegedly used, or may be used, in, or to facilitate, any fraud,
financial-crime related activity or any other illegal activity;
(h) we can no
longer process your Transactions for any legal or security reason or due to the actions
of any third party;
(i) an event, act or omission occurs that renders the Terms of
this Agreement unenforceable, void or discharged (including as a result of illegality or
change of law); or
(j) to comply with money laundering or terrorist financing
investigations or prohibitions issued by any government authorities, agencies or
commissions.
8.8 Subject to section 8.7, if we close your INOVAPAY Account, we will notify you before doing so, by email according to the most recent contact address that you have provided and return to you any unrestricted or undisputed funds in your INOVAPAY Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure) in accordance with your instructions.
8.9 In certain circumstances, we may be prohibited from notifying you that your INOVAPAY Account has been suspended or closed. In such circumstances, we will endeavour to inform you as soon as we are able. Where an INOVAPAY Account is suspended, we may, at our discretion, lift the suspension provided we are satisfied that the circumstances giving rise to the suspension no longer exist.
8.10 If you have or have had an Inactive Account for a period of 36 months or more, in accordance with section 9.3.3 of this Agreement, your INOVAPAY Account will be closed. After the closure of your Account, we will notify you using the last details you provided to confirm that your Account has been closed.
9. FEES
9.1 We will charge you the Fees set out on our Website for each Transaction. You authorise us to debit from your INOVAPAY Account any applicable Fees at the time of a Transaction. We may also charge you certain administration Fees, including, but not limited to, in relation to ongoing management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds. All Fees will be charged in the currency of your INOVAPAY Account and you agree that we may debit by way of set-off from your INOVAPAY Account any Fees, charges or other amounts owed to us and payable by you in connection with the INOVAPAY Service.
9.2 We reserve the right to change the Fees from time to time, which will be implemented in accordance with Section 1. Updates will be indicated on the Fees page of our Website. Changes to the reference exchange rate shall apply immediately, without prior notice.
9.3 Inactivity Fee. If you have funds in your INOVAPAY Account and have not made any Transactions from or to your INOVAPAY Account for a period of 12 months we will treat your INOVAPAY Account as inactive (“Inactive Account” or “Account Inactivity”) You will be notified of this one month in advance by email.
9.3.1 After your Account has been inactive for 12 months, we will apply a monthly Inactive Account Administration Fee (“Inactivity Fee”). You will still be able to access your Account should you wish to make a Transaction in the future.
9.3.2 After a further 12 months of Account Inactivity (24 months of Account Inactivity in total), we will apply a second Inactivity Fee (if there are sufficient funds in your Account). You will still be able to access your Account should you wish to make a Transaction in the future.
9.3.3 After a further 12 months of Account Inactivity (36 months of Account Inactivity in total) we will apply a third and final Inactivity Fee (if there are sufficient funds in your Account) and we will close your Account. You will not be able to log in to your Account after this, but you can reclaim your funds by contacting the Customer Contact Centre using the means set out on our Website.
9.4 Details of the amount of the Inactivity Fee can be found on the Fees page of the Website. The Inactivity Fee will be charged until one of the following events occurs:
9.4.1 you make a Transaction;
9.4.2 the INOVAPAY Account balance reaches zero; or
9.4.3 the Account is an Inactive Account for a total of 36 months or more, following which period we shall close the INOVAPAY Account in accordance with the Terms of this Agreement.
10. DENIED TRANSACTIONS
10.1 We may refuse to execute any Transaction in the following circumstances:
(a) we reasonably believe that you did not give us the
instruction;
(b) we reasonably suspect fraudulent activity;
(c) your
instructions are unclear, incomplete or not in the required form;
(d) we suspect
that that the Terms of this Agreement have been violated; and
(e) where we are
otherwise required to do so by law or requirement of any applicable regulatory body.
10.2 We may notify you of such refusal, our reasons for doing so and, where applicable, how to rectify the error that led to the refusal, unless such notification - or any part of it - is prohibited by any law or regulation.
11. PROHIBITED USE AND PROHIBITEDTRANSACTIONS
11. 1 You must not engage in any of the following:
(a) an actual or attempted act by you which is deemed by us
to be collusion, abuse of bonuses or other promotions in respect of the INOVAPAY
Service;
(b) the opening of, or attempting to open, multiple INOVAPAY Accounts in
your name (unless with our prior written approval) or a bogus name;
(c) the
carrying out of false and/or artificial activity or Transactions (commonly known as
“churning”);
(d) using the INOVAPAY Service for any purpose contrary to laws,
statutes or regulations applicable to you, including without limitation, those
concerning money laundering, fraud, criminal activity, financial services or consumer
protection;
(e) harassing or engaging in obscene, rude or abusive behaviour against
us or any of our representatives; and
(f) tampering, hacking, modifying, damaging,
interfering with or otherwise corrupting the security or functionality of the INOVAPAY
Service, or attempting to do any of the foregoing.
11.2 You must only use your INOVAPAY Account for personal purposes and not as a means to trade or run a business unless, in certain circumstances as determined by us, we give our prior written consent for you to do so.
11.3 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms or an acceptable use policy published on the Website.
11.4 It is strictly forbidden to use your Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
11.5 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 9, we reserve the right to:
i. reverse the transaction; and/or
ii. close or suspend
your INOVAPAY Account; and/or
report the transaction to the relevant law
enforcement agency; and/or
iv. claim damages from you; and
v. charge you an
administration fee of up to 150 USD if we apply any of the above.
11.6 It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
12. PERSONAL DATA/CONFIDENTIALITY
12.1 You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing the INOVAPAY Services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your INOVAPAY Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
12.2 Our Privacy Policy (which can be found on the Website) forms part of this Agreement and you should review the policy referred to hereof prior to agreeing to the Terms of this Agreement.
12.3 You acknowledge and accept that:
i. when speaking to our Customer Contact Centre agents, your
call may be monitored and/or recorded for quality assurance, training and security and
fraud protection purposes;
ii. for fraud, security and regulatory compliance
purposes your records are kept by us even after your INOVAPAY Account is closed; and
iii. for identity validation and verification purposes, the following information
may be provided to Merchants with whom you make a Transaction: name, INOVAPAY Account
number, jurisdiction, country of residence, nationality, residential address, postal
code, email address, date of birth, and/or IP address.
12.4 We observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, confidentiality and accountability, while we take all proper technical and organisational protective measures.
13. WARRANTIES, LIABILITIES AND DISCLAIMERS
13.1 We reserve the right to validate and verify any of the information that you provide to us with third parties at any time.
13.2 Without limiting section 5, we shall make reasonable efforts to ensure that debits and credits to your INOVAPAY Account are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties as to continuous, uninterrupted or secure access to the INOVAPAY Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.
13.3 We assume that prior to opening your INOVAPAY Account you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the INOVAPAY Service and you agree to pay us, our affiliates, holding companies, subsidiaries, agents and subcontractors, the amount of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by us, our affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your use of the INOVAPAY Service in violation of any law or regulation. This provision shall survive termination of the relationship between you and us.
13.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTIES OR CONDITIONS TO YOU WITH RESPECT TO THE INOVAPAY SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW.
13.5 In the case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:
13.5.1 where the unauthorised payment arises from your failure to keep your Account ID information safe in accordance with the Terms of this Agreement, in which case you shall remain liable for the first $50 USD (or equivalent in the currency of your INOVAPAY Account) unless section 13.5.3 applies;
13.5.2 if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;
13.5.3 if the transaction was unauthorised but you have acted fraudulently or compromised the security of your Account with intent or gross negligence, in which case you shall be solely liable for all losses; or
13.5.4. if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
13.6. Unless you have acted fraudulently, section 13.5.1 shall not apply to transactions made after you have notified us in accordance with the Terms of this Agreement, where we have failed to provide you with appropriate means for notification or we are required to use industry-standard customer authentication but fail to do so, in which case we shall remain liable and refund any unauthorised transaction to you as soon as practicable.
13.7. Without prejudice to the foregoing, you are asked to check the transactions history of your INOVAPAY Account regularly and frequently and to contact the Customer Contact Centre immediately in case you have any questions or concerns.
13.8. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
13.9. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
13.10. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
13.11. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
13.12. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the INOVAPAY Account or Services provided in this Agreement.
13.13. Re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your breach of these Terms, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
13.14. We confirm that Flexe Paymentsretains all right, title, and interest in and to all
trademarks, trade names, logos, Website designs, text, content and graphics, and other
intellectual property rights used by us in relation to the INOVAPAY Service and any use,
reproduction, modification, or distribution by you of such trademarks, trade names,
logos, Website designs, text, content, graphics, or other intellectual property rights,
is prohibited.
14. COMPLAINTS PROCEDURE
14.1 Any complaints about us or the services we provide should be addressed to us in the first instance by contacting the Customer Contact Centre. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure. A copy of our Complaints Policy is available on our Website.
14.2 We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Australian Financial Complaints Authority (AFCA). Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
15. GENERAL
15.1 We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.
15.2 These Terms of Use shall be governed by the laws of Victoria, Australia. All disputes arising out of or relating to the Terms of this Agreement shall be resolved by the Australian Courts.
15.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under this Agreement by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) Business Days after the date of mailing.
15.4 These Terms are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms of use.
15.5 This Agreement and any policy incorporated by reference hereto constitute the entire agreement between us and you with respect to the INOVAPAY Service and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the User Agreement and the version on the Website, the version on the Website shall prevail.
15.6 Our delay or failure to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
15.7 The rights and remedies available to us in this Agreement are cumulative and are in addition to any other right or remedy available to us at law or in equity.
15.8 You may not transfer, novate, assign, subcontract or delegate your rights, duties or obligations under this Agreement. We reserve the right to transfer and assign this Agreement, and you agree that we may assign any rights or novate any obligations hereunder to one of our group companies, without your further consent.
15.9 No provision in the Terms of this Agreement creates a partnership between you and us or makes either of us or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose.
15.10 In the event that any part of these Terms is held not to be enforceable, this shall not affect the remainder of these Terms of Use which shall remain in full force and effect.
15.11 In the event the Terms of this Agreement are available in a language other than English, all versions are legally binding; if there is any inconsistency between the English Language version and a translated version, the English Language version will prevail.
