Terms of Service
Welcome to the HelpPay social network and payment platform (“Platform”) provided by HelpPay Pty Ltd ABN 58 642 628 117 (“HelpPay”) and its associated entities (together, “we”, “us” or “our”).
1. About us
The Platform allows you to request assistance from anyone (including your friends and family) to help pay your bills in whole or part. You can also pay bills yourself through the Platform.
Only bills with a BPAY code can be uploaded to the Platform. We transfer all money given for bills (excluding transaction fees) directly to the Provider that is owed that money based on the BPAY information you provide us.
2. How to access the Platform
You can download and access the Platform which is available in the Apple and Google app stores or through the HelpPay internet site at the domain https://helppay.com.au/.
You can access the Platform using any type of device including a computer, mobile phone, tablet or console that meets the minimum specifications required to use the Platform (“Device”).
3. Provider, Customers and Helpers
You are a ‘Customer’ in these Terms of Service if you use the Platform on any Device to upload bills and request help from anyone to assist with paying your bills or if you pay your own bill through the Platform.
You are a ‘Helper’ in these Terms of Service if you receive a request through the Platform to pay a bill on behalf of a Customer whether through a Uniform Resource Locator (URL) or web page or directly through the Platform.
‘User’ or ‘you’ in these Terms of Service means a Customer and/or Helper as the context requires.
A ‘Provider’ is any issuer of a bill that has been uploaded to the Platform for payment (and which include bills of an Integrated Provider).
An ‘Integrated Provider’ is a Provider that has entered into a direct commercial arrangement with HelpPay pursuant to which it allows for its billing data to be integrated to the Platform and who accepts the Platform as a payment method on its bills. Under this arrangement, Integrated Providers also have the right to use and display HelpPay’s logos, branding and other HelpPay related content on the Integrated Provider’s bills and other material or assets (such as websites and apps), as well as integrating the Platform within the Integrated Provider’s own systems and digital and physical infrastructure.
In order for a User to be eligible to establish a HelpPay Account and use our Services the User must:
(a) be an Australian resident individual;
(b) be at least 18 years old;
(c) have full legal capacity and power to enter into these Terms of Service and to access and use the Service in the manner contemplated by these Terms of Service;
(d) have a valid and verifiable email address and Australian mobile telephone number; and
(e) provide their real name and true and correct personal details which may be subject to HelpPay’s verification of identity check before your HelpPay Account is established.
By agreeing to these Terms of Service, you represent and warrant that you are eligible to establish a HelpPay Account and use the Services and you will not use the Services (or cease using the Services immediately) if you are not eligible to do so at any time.
5. Legal nature of these Terms of Service
These Terms of Service form a binding legal agreement between HelpPay, its successors and assignees, and each User. The Terms of Service explain our obligations as a service provider and the Users’ obligations as a consumer of the Services. By using the Services, each User agrees to comply with and be legally bound by these Terms of Service. Please read these Terms of Service carefully.
If any of the above is not correct, or if the User does not agree to these Terms of Service, the User is not permitted to use any of the Services.
These Terms of Service may be amended from time to time, without prior notice. Use of the Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. HelpPay recommends that each User reviews the current Terms of Service, before continuing to use the Services.
7. Definitions and Interpretation
All capitalised terms in these Terms of Service have the meaning given to that term in the in the Schedule ‘Definitions’ unless the context requires otherwise.
A reference to dollars or $ in these Terms of Service is a reference to Australian currency.
1. REGISTRATION TO USE THE SERVICE
1.1 Registration process and identity verification
(a) In order to set up a HelpPay Account and access the Services, you must first register as a user of the Platform.
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including your:
(i) full name;
(ii) email address;
(iii) Australian mobile phone number; and
(iv) date of birth.
1.2 Creating your HelpPay Account
(a) Your HelpPay Account will be created once you have provided us with all the information required for us to register you for the Service;
(c) If you are creating a HelpPay Account using your email address, you will be asked to create a secure password for your HelpPay Account. You may then access your HelpPay Account using your secure password.
2. Uploading bills (bill data only) to your HelpPay Account
2.1 Uploading Options
(a) You can upload bills to your HelpPay Account by either:
(i) manually uploading the bill data to your HelpPay Account by providing the requested billing information in the Platform;
(ii) scanning the bill data using your mobile phone camera; or
(iii) linking your personal details and billing information with an Integrated Provider to enable the automatic uploading of your bills.
(b) You must ensure that you input the correct amount that is owing in respect of each bill you upload to the Platform. It is important that you are aware that you cannot change the amount of the bill once a payment has been made in respect of that particular bill and under no circumstances will HelpPay be liable for any loss, claim or damages suffered by any person as a result of your failure to specify the correct amount owing in respect of any of your bills.
(c) The maximum value of a bill you can upload to the Platform is $1,500 and the minimum value is $10. These limits may be changed by HelpPay at any time without notice.
2.2 Manually uploading bills (bill data)
(a) If you intend to manually upload a bill to your HelpPay Account, you must provide the following information:
(i) BPAY biller code;
(ii) Provider name (which will prefill based on the BPAY biller code you have inputted);
(iii) BPAY reference number on your bill;
(iv) bill type (for example, phone, internet, gas electricity, water, school, insurance, retail, health care, medical, mortgage, rent or other);
(v) total amount payable or remaining amount payable; and
(vi) due date for payment of the bill.
(b) HelpPay only requires the core data in sub-paragraphs (i), (iii), (v), to (vi) in order to process payment of a bill through the Platform. The actual services delivered on a bill and the entire bill itself is not required to be provided and HelpPay does not receive the entire contents of a bill from any Providers.
2.3 Linking an Integrated Provider
(a) If you intend to link your HelpPay Account with an Integrated Provider, then you must provide the Integrated Provider’s name and your account number. Core billing information will pre-fill in your HelpPay Account. Once linked, all bills from the Integrated Provider will appear in your bills list in your HelpPay Account.
(b) The requirements to connect to Integrated Providers through the Platform may vary as different Integrated Providers have different requirements and therefore the process for adding Integrated Providers may change from time to time.
(c) Whilst HelpPay agrees to provide all reasonable assistance in the event you experience any difficult in adding an Integrated Provider, you agree to engage directly with the Integrated Provider to resolve these issues and to comply with the reasonable instructions of the Integrated Provider and HelpPay in order to add the Integrated Provider to your HelpPay Account.
(d) You are solely responsible for providing the correct Provider name and account number when adding an Integrated Provider and HelpPay takes no responsibility for verifying whether you have linked the correct account with the Integrated Provider.
(e) HelpPay takes no responsibility for the billing information (including due dates and amounts owed) provided by the Integrated Provider and you are solely responsible for confirming whether this information is correct by directly contacting the Integrated Provider if you suspect there are any errors in the information provided.
2.4 Contacting Provider
HelpPay may be required in certain circumstances to contact the Provider in order for us to provide our services. By using our services you consent to us contacting the Provider where we consider it necessary.
2.5 Bill Disputes
Any billing related disputes between a User and Provider must be resolved directly between the User and the Provider HelpPay may provide the disputing parties with reasonable assistance to resolve the dispute if requested by the disputing parties.
2.6 Verification of identity check
3. Asking for help to pay your bill
(a) You can ask a Helper to pay your bill by generating either:
(i) a secure Uniform Resource Locator (URL or web page) and sharing this with your contacts via any social messaging channel of your choosing;
(ii) a secure HelpPay invitation which will contain a URL that can be sent to any of your HelpPay contacts using the Platform. Helpers can then pay bills directly within the Platform.
(c) Requests sent to Helpers to pay a bill will remain valid as long as the bill remains outstanding.
(d) You can send a bill to a maximum of 10 Helpers at a time. You can cancel a request sent to a Helper at any time. HelpPay may change the maximum number of Helpers you can send a bill to at any time without notice.
(e) You will have the option to automatically notify a Helper for any subsequent bills you upload to your HelpPay Account in respect of a particular Provider.
4. Payments made using HelpPay
4.1 How you can pay
(a) You can pay any bill uploaded or linked to a HelpPay Account by any of the following methods:
(i) if you are a Customer, by either:
(1) selecting the bill you would like to pay in the ‘My bills’ section of the Platform and then selecting the ‘Make a Payment’ tab in respect of that bill where you will then be directed to pay the bill using your preferred payment method or by adding a new payment method accepted by us; or
(2) setting up Automatic Payments (see section 4.3 Automatic Payments below)
(ii) if you are a Helper, by either:
(1) if you receive a secure URL or secure invitation, navigating to the secure URL shared with you in any Device and paying the bill using any payment method accepted by us; or
(2) for Helpers that have their own HelpPay Account (and are logged into it), use the Platform and navigating to the Make a Payment Helper page on your Device and entering your payment details; or
(3) Navigating to the Helping menu item in the Platform to view bills that have been shared with you.
(b) You can pay a maximum of $9,999.99 towards a bill. We may change this amount at any time without providing notice to you. You can only use Australian currency to pay a bill that is shared through the Platform.
4.2 Preferred payment method
(a) You will have the option to select a preferred payment method when you pay a bill through the Platform. You can update or change these details at any time in your HelpPay Account.
(b) Only an Australian credit card or debit card will be accepted as a payment method when you pay a bill through the Platform. Additional payment methods may be added by us at any time without notice.
(c) We may also conduct a pre-authorisation transaction on your nominated bank card up to $1 in order verify your nominated payment method. The pre-authorisation transaction will be credited towards your first bill added to HelpPay.
4.3 Automatic payments
(a) Please be aware that Automatic Payments are currently not offered on the Platform. This section 4.3 will only apply if the Automatic Payments are activated.
(b) If you provide a credit card or debit card as a payment method, you may be able to set up direct debit from either of these payment methods at a value and payment frequency you chosen for any of your bills (Automatic Payments). The Platform will facilitate the automatic charging of your selected payment method based on the frequency and in the amounts you have inputted in the HelpPay Account.
(c) You will have the option to select a preferred payment method when your HelpPay Account is being created. You can update or change these details at any time in your HelpPay Account.
(d) You hereby expressly consent to, authorise and instruct HelpPay to deduct Automatic Payment amounts from your nominated payment method to pay the relevant bills in the amounts and on those scheduled dates you have selected in your HelpPay Account. You acknowledge that you authorise us to collect or reverse variable payment amounts from or to your nominated payment method in accordance with these Terms of Service.
(e) You are responsible for ensuring there are sufficient funds in your bank account or on your credit card to satisfy the amounts you have nominated to pay by direct debit. Under no circumstances will HelpPay be liable for a Customer’s failure to select the correct payment amount and frequently in order to pay the relevant bills in the correct amount and by the due date.
(f) You are liable for any and all fees and charges imposed by any Third Party or your Provider as a result of late payment of any of your bills, except to the extent that such fees or charges arise as a result of our error or any system related failure to the Platform.
(g) If you incur any late payment fees or charges as a result of an error of the Platform to process a payment, you agree to provide all necessary information to HelpPay in order for us to investigate the error or system failure and you agree to cooperate with us to remedy the error. If we determine (acting reasonably) that the late payment of your bill (and subsequent fees and charges) were imposed as a result of a failure of the Platform to process your payment (and was not caused or contributed to by an error of a User or a failure to use the Platform correctly), then HelpPay agrees to reimburse you for those fees and charges.
(h) If at any time your bank/credit card details change or expire, you must update your details with us within three (3) business days before the next scheduled Automatic Payment.
(i) If for any reason a payment is dishonoured, funds must be made available on the updated account/card or bank account/card details provided by you, within three (3) business days. Failure to rectify any default and/or failure to provide a valid method of payment which subsists for a period of 2 weeks or more after your nominated credit card or debit card has expired, may result in the suspension of access to the Services.
4.4 Approval of payments
(a) All payments you place with HelpPay are subject to approval by HelpPay which may be given or withheld in our absolute discretion. We may choose not to approve a payment, or may cancel an approved payment before the processing of the payment is completed, if:
(i) we reasonably consider this is necessary in order to:
(1) protect the integrity of HelpPay’s Services, Platform, brand, systems or product(s);
(2) prevent or limit the risk of fraud, money laundering or terrorism financing;
(3) otherwise protect us against legal, regulatory or non-payment risk;
(4) we are aware, or reasonably suspect, that you have breached or by completing this transaction, would breach, these Terms of Service in a material respect; or
(5) we otherwise reasonably consider the transaction to be suspicious.
(b) Subject to paragraph (c) below, if we cancel an approved payment for any reason, we will apply a refund of any amounts you have paid to us less any applicable Charges to the credit card or debit card used to make that payment and we will cancel any future payments related to that payment (if Automatic Payments have been set up from that credit card or debit card).
(c) In the event the approved payment is cancelled or reversed because a chargeback by your bank or credit card issuer for any reasons, that payment will not be refunded by HelpPay. Any return of funds for such chargeback or reversal will be between you and your bank or credit card issuer.
4.5 Processing of payments
(a) We use the services of a Third Party payment processing provider to process all payments made through the Platform (and you agree to be bound by any policies and terms applicable to that payment processing provider).
(b) You acknowledge and agree that HelpPay will incur no liability for any Claim, loss or damage suffered by you as a result of delays in processing your payment which are caused by the Third Party processing provider.
(c) Once your payment has been processed, HelpPay will transfer the payment received from you into HelpPay’s secure bank account. The payment will be temporarily held by HelpPay until the payment is remitted to the Provider. All payments made through the Platform will be linked to the relevant Customer’s billing information to ensure that the correct bill is paid. You agree to HelpPay holding any monies paid by you through the Platform in this manner.
(d) A processing time of up to 5 business days may apply to any payments made through the Platform. HelpPay will endeavour to process payments as fast as possible and continually improve this processing time.
(e) Once your payment has been processed a Helper cannot withdraw their agreement to assist and a refund will not be possible.
4.6 Confirmation of payment
(a) When we approve a payment the User will receive:
(i) a confirmation screen on your Device confirming the details of the payment, including, but not limited to, the date, value, and payment method of the payment;
(ii) in respect of a Customer only, a record of the confirmation which will be placed in the Customer’s HelpPay Account under the relevant Bill Detail page as a record of the payment and a confirmation will also be emailed to you; and
(iii) in respect of the Helper that has paid the bill, an email attaching a receipt confirming the payment.
(b) The Provider will not confirm receipt of your payment unless required to do so by law or it provides confirmation of payment as part of its ordinary business practices.
5. Additional payments
(a) You cannot pay more than the value of the bill which has been made available for payment in a Customer’s HelpPay Account.
(b) If a Helper wishes to provide an additional contribution in addition to a bill the Helper has paid on behalf of that Customer (for example, top-up a Customer’s mobile phone, or electricity account) then the Platform may facilitate this if:
(i) both the Customer and Helper have mutually agreed to connect via the Customer’s HelpPay Account on any Device;
(ii) the Customer has set up an Integrated Provider in its HelpPay Account;
(iii) HelpPay has decided to offer the relevant functionality to the Provider in question; and
(iv) the Customer’s Integrated Provider offers a pre-payment or early payment option for its bills in the Platform.
(a) The Platform prevents overpayment of bills by only permitting one User to access a bill in the Customer’s HelpPay Account at a time. Whilst a User has initiated the process of paying a bill in the Platform all other Users will be temporarily locked out of that bill until the payment process has been cancelled or completed.
(b) In the event that a bill has been overpaid through the Platform (for example, if the Customer has manually inputted the incorrect amount owing for the relevant bill or the bill is also paid directly to the Provider outside of the Platform) then subject to the Provider’s policy on overpayments, the Provider may apply the overpayment as a credit to the Customer’s account or refund the amount of the overpayment to the bank card or credit card that was used to make the payment.
(c) If you require a refund of the overpayment, then you must contact the Provider directly and you agree that HelpPay takes no responsibility for any overpayments made through the Platform. Any disputes relating to an overpayment must be dealt with solely between you and the Provider.
(a) If we cancel or reject any payment you make through the Platform, we will apply a refund of any amounts you have paid to us less the applicable Charges to the credit card or debit card you used to make that payment.
(b) In the event that any payment you make is reversed by your bank or credit card issuer for any reason (for example, as the result of a chargeback due to either an unauthorised or fraudulent transaction), then that payment will not be refunded by HelpPay. Any return of funds for the reversal or chargeback will be between you and your bank or credit card issuer.
8. Disclosure of personal information
(b) If you pay a bill on the Platform as a Helper, we will not disclose any of your payment information or personal details to the Provider when you pay a bill through the Platform unless we are required to do so by law or you ask us to using the features in the Platform. HelpPay covenants that Helpers will never be contacted by the Provider for further payments after making a payment through the Platform.
(d) By using our Services HelpPay may disclose details of bills you upload or payments made by you or on your behalf provided no personally identifiable information about You or your bill is disclosed.
9. Fees and Charges
(a) You agree to pay the following fees and charges in respect of each payment you make (either as a Customer or Helper) through the Platform:
(i) payment processing fee charged by our Third Party payment process provider;
(ii) BPAY fee charged in respect of the transfer of your payment to HelpPay’s bank account for processing to Providers;
(iii) $1.10 including GST new User verification fee charged to verify your identity through the Third Party verification Platform if linking an Integrated Provider;
(iv) $1.10 including GST fixed payment processing fee charged by HelpPay in respect of each Helper payment made through the Platform,
(together, the Charges).
(b) Subject to section 9(c) below, the Charges will be levied in respect of each payment that is made through the Platform.
(c) The new User verification fee will only be charged once per User unless the User changes their personal information (such as name, email or mobile phone number). In this case, if HelpPay is required to verify your identity and HelpPay Account again (in order to maintain your connections to Integrated Providers), then the this fee will be charged again at the discretion of HelpPay.
(d) The payment processing fee charged by the Third Party payment processing provider is based on a variable percentage determined according to the payment method and the value of the payment.
(e) When you make a payment through the Platform as a Helper, you will be asked to confirm whether you want to either:
(i) include the Charges in the amount you have selected to pay towards a bill; or
(ii) to pay the Charges in addition to the amount you have selected to pay towards a bill.
(f) If you elect to include the Charges in the amount you have selected to pay towards a bill, you acknowledge and agree that HelpPay will deduct the Charges from your payment and the amount the relevant Provider will receive will be the amount of your payment made through the Platform less the Charges you have agreed to pay.
(g) The Charges remain payable by the Customer to the extent that they are not paid by a Helper.
(h) You acknowledge and agree that no payment will be accepted through the Platform unless and until the Charges in respect of your payment have been paid.
(i) If you make a payment outside of Australia, you may incur additional transaction fees levied by your bank or financial services provider. You acknowledge and agree that any such additional transaction fees will be solely your responsibility.
(j) We reserve the right to alter the amount or terms of the Charges at any time at our sole discretion.
Words or expressions used in this section 10 which are defined in the GST Act have the same meaning in this section.
10.2 GST Gross Up
(a) Unless specifically described otherwise, all amounts set out in these Terms of Service are GST inclusive.
(b) HelpPay does not add GST to the User’s bills that are in the Platform. It is the Provider’s responsibility to determine how much of your payment of the bill is attributable to the GST payable on that bill, and to pay that GST to the Australian Taxation Office.
(c) If GST is payable by HelpPay in respect of any supply made under or in relation to these Terms of Services, the recipient of the supply must pay an amount (GST Amount) equal to the GST payable on the supply.
(d) The GST Amount is payable in addition to and at the same time as the net consideration for the supply.
(e) For the avoidance of doubt, any services provided by a Third Party provider as an agent of HelpPay are treated as supplies made by HelpPay for GST purposes.
10.3 Tax invoices
(a) You acknowledge that HelpPay will not issue you with a valid tax invoice where the total amount of the Charges that are payable by you in respect of any payment made through the Platform is valued at $82.50 (GST inclusive) or less. You are still required to pay the GST on these taxable supplies where you have not been provided with a valid tax invoice.
(b) In the unlikely event the HelpPay Charges exceed $82.50 on any single payment you may request a valid tax invoice for those Charges.
11. Intellectual Property
(a) All Intellectual Property arising from or in connection with the Services, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world whether created before or after the date these Terms of Service and whether used or contained in any of the Services, is owned, controlled or licensed to HelpPay (or its affiliates and/or Third Party licensors as applicable) (collectively referred to HelpPay Intellectual Property).
(b) Nothing in these Terms of Service constitutes a transfer of any the HelpPay Intellectual Property.
(c) HelpPay’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of HelpPay or the applicable trademark holder or Intellectual Property owner.
(a) You agree that we may collect, process, use, disclose, store, and back-up your Data for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to provision of services to you or any User).
13. Third Party Applications and Your Data
(a) If you enable Third Party applications for use in conjunction with the Services, you acknowledge that we may allow the providers of those Third Party applications to access your Data as required for the interoperation of such Third Party applications with the Services.
(b) You agree that where you use any Third Party applications or services to interact with our Services in any way, you do so at your own risk and on the understanding that we are not responsible for any claims or loss arising out of, or in any way related to, your use of such Third Party applications or services and/or the interaction of such Third Party applications or services with our Services.
14. Your rights and obligations
(a) By registering a HelpPay Account you will have the right to use the Service in accordance with these Terms of Service for as long as you hold that Account.
(b) You acknowledge and agree that you must:
(i) be eligible to establish a HelpPay Account and use the Services;
(ii) use the Services only as permitted in accordance with these Terms of Service;
(iii) always ensure all details regarding bills that are uploaded to the Platform are accurate, true and correct including but not limited to the amount of the bill;
(iv) not provide us with any information that is false, inaccurate or misleading when using the Services in any way including but not limited the information provided to register your HelpPay Account, upload bills, add an Integrated Provider or make payments;
(v) pay all applicable Charges associated with the Services;
(vi) ensure any information about you, including your contact details, is accurate, current and complete. If your information changes, you must update it through your HelpPay Account via the Platform;
(vii) not use the Services for any fraudulent, improper or unlawful activity;
(viii) cooperate fully with us to investigate any reported or suspected unlawful, fraudulent or improper activity;
(ix) not permit others to use your HelpPay Account, or allow anyone else to add their payment methods (debit / credit cards / bank account details) to your HelpPay Account or use your HelpPay Account password details;
(x) not use any technology to damage, intercept, download, scan, skim or otherwise interfere with the Services or Platform;
(xi) not attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a Third Party, that Third Party’s computing systems and networks;
(xii) immediately contact us if you believe your HelpPay Account may be subject to unauthorised access and unauthorised actions;
(xiii) not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other person to use the Services;
(xiv) not cause us to lose (in whole or in part) or risk losing (in whole or in part), whether by any of your acts or omissions the services, integrations, or access of, to, or with, our Integrated Providers or Third-Party Suppliers whether you have knowledge of their link(s) to the HelpPay business or not;
(xv) provide your own Device and other access facilities (including terminal, software, internet access, modem and telecommunications facilities) necessary for utilising the Services;
(xvi) keep your HelpPay Account details, username and password confidential;
(xvii) not disclose your HelpPay Account password to any Third Party and you will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions;
(xviii) take sole responsibility for any activities or actions under your Account, whether or not it has authorised such activities or actions;
(xix) you will only add bills to your HelpPay Account where you are named as the payer on the bill and for which you are liable to pay;
(xx) not reproduce, make error corrections to or otherwise modify or adapt the Services or Platform or create any derivative works based upon the Services or Platform (including but not limited to copying, editing, amending or re-using the code and/or functionality of any of the Services or Platform);
(xxi) not de-compile, disassemble or otherwise reverse engineer the Services or Platform or permit any Third Party to do so;
(xxii) not modify or remove any copyright or proprietary notices on the Service or Platform.
15. User’s Acknowledgements
By accessing and using the Services, each Customer and Helper acknowledges that:
(a) the Services are limited to providing a Customer with the ability to:
(i) pay bills that have been uploaded to their HelpPay Account (whether manually or automatically) though the Platform; and/or
(ii) request support from a Helper to pay their bill,
and under no circumstances will HelpPay provide any financial advice or other related assistance or services in respect of any of the Customer’s bills;
(b) at no times and under no circumstance does HelpPay or any of its related body corporate, officers, directors, employee or agents, take any responsibility or incurs any liability for paying a Customer’s bill(s) on their behalf or on behalf of a Helper;
(c) he or she has not relied on any representations or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us; and
(d) in the absence of any contact from you regarding an inaccurate or fraudulent bill or an unauthorised payment, he or she represents and warrants that all bills that are uploaded and made available for payment on your HelpPay Account are genuine and we will therefore treat any and all payments towards those bills as valid (and as having been authorised by you to be paid by a Helper) for the purposes of these Terms of Service.
16. Our rights and obligations
(a) Subject to these Terms of Service, we will provide you with access to the Services upon the establishment of your HelpPay Account.
(b) We reserve the right to change, suspend, limit, remove, or disable access to any of the Services at any time without notice including suspending or terminating any User’s HelpPay Account and his/her access to the Services if any information provided to us proves to be inaccurate or false.
(c) Under no circumstances will we be liable for the suspension, removal, termination or disabling of access to your HelpPay Account any such Services. We may also impose limits on the use of or access to the Services in any case and without any notice or liability.
You agree to indemnify and hold us and our related bodies corporate, officers, employees and agents harmless ("those indemnified") from and against any action, liability, Claims, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:
(a) your breach or non-observance of any obligation you may have to us pursuant to these Terms of Service;
(b) your use or access of any of the Services;
(c) any breach or inaccuracy in any representations or warranties made by you, including the warranties and promises contained in these Terms of Service;
(d) any wilful, unlawful or negligent act or omission of the Customer;
(e) your failure to provide true, accurate and correct Data including but not limited to any billing information which is required to be provided by you in order to upload a bill or link an Integrated Provider to your HelpPay Account;
(f) your failure to provide true, accurate and correct personal information for any purpose including but not limited to the personal information required in order to verify your identity through our Third Party providers;
(g) any violation, contravention or infringement of any applicable laws by a User; and
(h) any act, omission, neglect or default on the part of a User that results in a claim, liability or loss being brought by a Third Party against those indemnified.
18. Our Liability
(a) To the maximum extent permitted by law:
(i) all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded;
(ii) we shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, we shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you or the User including losses of prospective profits or actual profits incurred by you or the User;
(iii) we do not warrant or guarantee that the Services, or the server supporting the Services, are free from defects, viruses or other harmful components, or your access to the Services will be uninterrupted or error free;
(iv) we are not in any way responsible for any such interference or prevention of your use of or access Services which is caused or contributed to by a fault with your Device or by the systems (including public telephone services, computer networks and the internet) used by you to access the Service;
(v) we accept no responsibility for a User’s failure to provide true, accurate and correct information in connection with accessing or using the Services including but not limited to providing false information regarding the User’s identity or the correct billing information;
(vi) we accept no liability for the loss of Data where such loss is wholly or partly caused by factors beyond our reasonable control including, but not limited to, failure or fault in the hosted environment of the Services, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own Device or other access facilities;
(vii) we will not be responsible for any fees, charges, interest or other expense payable by a Customer in respect of any of its outstanding bills expect if those fees, charges, interest or other expense arise solely as a result of an error or failure of the HelpPay Platform to process a payment;
(viii) we will not be responsible for any disclosure, use, modification or deletion of your Data resulting from any access by Third Party Platform providers; and
(ix) neither us, nor our directors, officers, employees, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with your use of, or inability to use, the Services, or reliance upon any of the content or other information posted on the Services.
(b) Nothing in these Terms of Service excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth.) and fair trading laws. Our services provided to you under these Terms of Service come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth.).
(c) To the maximum extent permitted by law, HelpPay’s total liability arising out of or in connection with the Services, the Platform or these Terms of Service is limited to resupplying any of the Services (for example, re-processing your payment through the Platform without additional Charges) or a refund for a major failure.
19. Feedback and Review
(a) From time to time, we may request that you provide us with feedback or reviews on the Services. You are not obliged to provide such feedback.
(b) You acknowledge and agree that:
(i) we, at our sole discretion, may determine whether such comments are published on our website or any social media platform; and
(ii) where you intend to post any negative review or comment with respect to our Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment.
20. Social Media
(a) You agree that, where our Services integrate in any way with social media, with respect to such integrations, you will adhere to these Terms of Service and any other terms and conditions of the social media provider from time to time.
(b) With respect to social media, for the purposes of marketing and/or promotion, you hereby acknowledge and authorise us to:
(i) upload, publish, post or repost any content which directly or indirectly references you and/or any venue operated by you;
(ii) upload, publish, post or repost any content which directly or indirectly references any of your food, beverages or goods; and
(iii) make use of any publicly available information (including venue information and imagery) for the purposes of any publication, post or repost.
(c) For the avoidance of doubt, by using the Services, you agree and consent to us undertaking any of the activities contemplated by subsection 20(b) without the need to obtain any further consent from you.
21. Dispute Resolution
(a) By using the Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a User, Third Party or Provider, will be limited to a claim against the User, Third Party or Provider, who caused harm to him or her. HelpPay encourages Users to communicate directly with the relevant party to resolve any disputes.
(b) If there are any complaints from a User, HelpPay will aim to respond and provide a suitable solution within 5 business days.
(c) If a User is not satisfied with HelpPay’s response, the User agrees to provide us with written notice specifying the nature of the dispute, what outcome the User wants and what action the User thinks will settle the dispute. The User and HelpPay agree to, within 14 days of HelpPay’s receipt of a written notice, meet (either in person or via teleconference) in good faith to seek to resolve the dispute by agreement between them.
(d) All written notices provided under this section must be sent to [email protected]
22. Services Availability
Whilst we intend that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services may be unavailable. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Services.
23. Cancellation of HelpPay Account
You can directly cancel your HelpPay Account by using the cancellation function in the account setting section of the Platform upon which you will cease to have access to the Services.
24. Our Rights
Any express statement of a right of ours under these Terms of Service is without prejudice to any other rights we may have including those expressly stated in these Terms of Service or existing at law.
25. Governing Law
The parties to these Terms of Service shall be bound by the laws of the State of Victoria in relation to all matters arising from all contracts between the parties and the parties agree to submit to the non-exclusive jurisdiction of the Court of Victoria and the Federal Courts of Australia and that any legal proceedings may be heard in these courts.
If any part or provision of these Terms of Service is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Service will be binding on the parties.
(a) Any notice given under these Terms of Service by either party to the other must be in writing by email and will be deemed to have been given on transmission.
(b) Notices must be sent to [email protected] or to any other email address notified by email to you by us.
(c) Notices to you may be sent via electronic messages, including email, text message/SMS, or mobile push notifications, to the email address or numbers which you provided when setting up your access to the Services.
28. Rights of third parties
A person who is not a party to these Terms of Service has no right to benefit under or to enforce any term of these Terms of Service.
Schedule – Definitions
"Australian Consumer Law" means schedule 2 of the Competition & Consumer Act 2010 (Cth).
“Automatic Payments” has the meaning given to that term in subsection 4.3 Automatic Payments of these Terms of Service.
"Charges" has the meaning given to that term in subsection 9(a).
“Claim” mean a claim, action, proceeding, judgment or demand made or brought by or against a person, however arising and whether present, unascertained, future or contingent.
"Confidential Information" means the information that:
(a) is by its nature confidential:
(b) is designated by a person as confidential; or
(c) the recipient of that information knows or ought to know is confidential
(d) the Data;
but does not include information:
(e) that is or becomes public knowledge otherwise than by breach of these Terms of Service or any other confidentiality obligation;
(f) that was obtained from a Third Party on a non-confidential basis without breach by that Third Party of an obligation of confidence concerning that Confidential Information; or
(g) was already in the possession of the Receiving Party when provided by or on behalf of the Disclosing Party.
“Customer” has the meaning given to that term under the heading ‘3 Provider, Customers and Helpers’ of these Terms of Service.
"Data" means any data inputted by you or with your authority through the use of the Services and includes, without limitation, data owned or supplied by you or data which may otherwise be generated, compiled, arranged or developed by you in using the Services pursuant to these Terms of Service.
“GST” has the meaning given by section 195-1 of the GST Act.
“GST Act” means the A New Tax System (Goods and Services) Tax Act 1999 (Cth) as amended or replaced from time to time.
“Helper” has the meaning given to that term under the heading ‘3 Provider, Customers and Helpers’ of these Terms of Service.
“HelpPay Account” means an account set up by a Customer and/or Helper in order to use the Services on the Platform.
“HelpPay’s Intellectual Property” has the meaning given to that term in subsection 11(a).
"Intellectual Property Rights" means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
“Integrated Provider” has the meaning given to that term under the heading ‘3 Provider, Customers and Helpers’ of these Terms of Service’.
“Provider” has the meaning given to that term under the heading ‘3 Provider, Customers and Helpers’ of these Terms of Service.
"Services" or “Service” means any and all services provided by HelpPay through the Platform, the Site and any other website, mobile site or Platform operated by us from time to time.
“Site” means the internet site at the domain at www.helppay.com.au.
"Terms of Service" means these terms of service (as may be changed or updated without notice from time to time by us).
“Third Party Marks” means trademarks owned by any person or entity other than HelpPay and which are used in connection with the Services.