Tickpay

The future of online payment is here

Terms and Conditions

TiCKPAY FAQ’s, Protocols & General Terms

(Please read to the end of this document to understand the services we offer you for your acceptance)

FAQ’s

  • We provide ecommerce online, in-app, EFTPOS and mPOS Payment services We provide a Payment API and simple Plug-in to allow you to transact online and in-app
  •  We are the first company globally to offer mPOS without extra hardware. Just use your mobile phone.
  •  We are the first company globally to integrate our mPOS service with your own e-wallet, TiCKWallet, combined with a complete automated and digital invoicing and receipt system.
  • We allow you to create invoices on your mobile, send these to anyone globally, and get paid.
  • TiCK represents that we are legal and providing you with a feature-filled service. We provide you with certainty regarding our legal status to operate and comfort regarding security of your information and monetary transactions.
  • PAY represents multiple payment options including payments via Credit Card, Debit Card, TiCKWallet and payments via other e-Wallets we integrate in to our payment app.
  • We save you time and money by allowing you to use a fully integrated payment system for on-the-spot transactions.
  • We are Australian. Every $1 you spend with us remains within the Australian economy.
  • We empower anyone to own and use mPOS without any monthly subscription fees.
  • We provide simplicity for developers to add the API or Plug-in
  • We Partner with one of the largest Bank and transaction Acquirers globally
  • We offer a comprehensive range of online, in-app and xPOS services to suit most businesses
  • Having access to mobile POS in your Pocket is very convenient.
  • Use TiCKPAY anytime someone needs to pay you or you need to pay them.
  • Our transaction fees are amongst the lowest in the market.
  • Your customers receive electronic SMS or email invoices and/or receipts for each transaction.
  • You can access your transaction history at any time.
  • Our focus is security first. We use financial industry standard encryption methods. We do not see nor store your credit card details.
  • Complete PCI DSS compliance via our Acquirer
  • Our payment options protect you. Your payments to your TiCKWallet are secured via the financial settlements company we use.
  • You are in full control of your TiCKWallet for both deposits to and payments from your TiCKWallet.
  • Online and in-app API and Plug-in integration is simple for Developers
  • Transparent reporting for merchants reduces reconciliation time
  • The app has been developed for both the buyer and seller in mind for absolute simplicity.
  • The app is intuitive to save you time and effort whilst making or receiving a payment.
  • You may download the TiCKPAY app from Google Play.
  • The app is for all businesses to provide the ability to collect payments immediately without having to chase money.
  • Small businesses will also enjoy the in-app, in-built invoicing capability, which allows them to generate, send, send reminders and track invoices.
  • The app is free to download.
  • There are no hidden fees or charges.
  • TiCKPAY does not charge any monthly fees for the use of mPOS.
  • EFTPOS machines attract a set-up and monthly fee
  • TiCKPAY does not currently charge any monthly fees for use of the Invoice nor Receipt capabilities.
  • Our transaction fees are the most competitive in the market.

A. DOWNLOAD the free TiCKPAY app, available in Android (Google Play) on your mobile device. Register by adding your:

1. name
2. mobile number
3. valid email address
4. bank account details
5. your 100-point identification check to be able to withdraw money from your TiCKWallet
6. a profile picture (optional)

Once verified by TiCKPAY, you are ready to use the app to make and receive payments, send invoices and receipts and track your transactions. If you get stuck at any stage, notice an error or change your mind during a transaction; start again.

B. mPOS

1. Click on click
2. Enter amount to be paid (including GST/sales tax)
3. TiCKPAY will automatically calculate transaction and service fees
4. Check the amount is correct
5. Request the Buyer to swipe their credit card behind your phone
6. Tap SUBMIT once only
7. WAIT to receive a confirmation
8. The Seller must provide the Buyer a receipt of payment by email or SMS
9. SUBMIT

C. EFTPOS

Please contact TiCKPAY Sales via the online or in-app ‘Contact Us’ form via www.tickpay.com.au

 

D. INVOICES

1. Click on 
2. Enter total amount to be paid including GST
3. TiCKPAY will automatically calculate transaction and service fees
4. Check the amount is correct
5. Send via SMS or email to the Buyer
6. The Buyer can click on ‘Pay Now’ to complete payment
7. Both the Buyer and Seller will receive transaction records
8. The Buyer will receive a receipt of payment.

E. TiCKWallet

1. Click on 
2. Ensure you have linked your Wallet to your own bank account and/or credit or debit card
3. When sending or receiving payment from another TiCKWallet user who is present, use the QR scan system by entering the amount to be transferred between wallets and scan.
4. Always check the amount is correct prior to scanning
5. Always scan once and WAIT for a completion notice
6. When requesting payment in to your TiCKWallet where the Buyer is not present, send an invoice to them via SMS or email. This will send your QR code to the Buyer who can click on this and pay in to your TiCKWallet.
7. When present, pay for products and services directly from your TiCKWallet by tapping your phone on the Sellers mPOS machine or, when not present, select to pay by TiCKWallet (ensure you have sufficient funds first) and tap SUBMIT only once.
8. WAIT to receive a confirmation
9. When paying for products and service or transferring money to another Wallet or to your linked bank account, you will be asked to enter your Username and Password.

You have completed the payment. You can now check your transaction records and any time.

 

F. ONLINE AND IN-APP API and PLUG-IN INTEGRATION

Please contact TiCKPAY Sales via the online or in-app ‘Contact Us’ form via www.tickpay.com.au

 

 

 
TiCKPAY is currently available in Australia only. Other countries may soon be able to use TiCKPAY as we expand. Please check here from time to time to see when your country is activated for TiCKPAY.
Anyone 18 and older provided TiCKPAY has verified you.
TiCKPAY currently do not charge a monthly fee for mPOS. Other services attract fees. Please refer to Pricing at www.tickpay.com.au If TiCKPAY’s fee policy changes we will announce changes to our Terms and Conditions on our website.
TiCKPAY does not currently charge any transaction fees when you transfer money between TiCKWallets. If TiCKPAY’s fee policy changes we will announce changes to our Terms and Conditions on our website.
No. If TiCKPAY’s fee policy changes we will announce changes to our Terms and Conditions on our website.
TiCKPAY endeavors to pay immediately where possible, however, where funds being transferred are processed by a banking settlements process, we rely on the processes of the financial institution which means that processing may take up to 48-hours and longer when processing is taking place over weekends and public holidays.

You may refund the initial transaction only to the same card that you received the payment from. You may not refund a transaction to an alternate card.

If you have completed a TiCKWallet transaction which you believe is incorrect please contact support@tickpay.com.au and request a review.

 
Yes, you can add multiple credit cards in-app under the “Payment Options” menu. This allows you to enter card details for both personal and business use.
Credit Card details are encrypted and verified by the financial institution. TiCKPAY does not see, nor store your credit card details.
FAQ’s END

TiCKPAY PROTOCOLS

To optimise your TiCKPAY experience, we ask that you:

 

Our platform will work best if you input your personal details correctly, including:

• Your Name
• Email address
• Mobile number
• Linked Bank Account in the same name as your Company name and TiCKPAY account

Our platform will automatically send message to you when completing transactions. Please ensure your mobile phone is sufficiently charged to ensure transactions can be completed.

We endeavor to provide a good user experience for both the Seller and the Buyer. We ask that you be courteous to each other to maximise and enjoy the buying and selling experience.

 

Protect your password. TiCKPAY is not liable for fraudulent use of the TiCKPAY service.

Prior to completing a payment, ALWAYS check that:

• the amount is correct including any sales taxes such as GST in Australia
• you always provide a payment receipt via email or SMS
• the email address or mobile number for the receipt is correct

PROTOCOLS ENDS

TiCKPAY Payment System User Service Agreement

This Service Agreement is relevant to any User who registers with and is validated by TiCKPAY to use the TiCKPAY application.

By registering with TiCKPAY to use any of our services or by downloading and using the TiCKPAY app, you agree to abide by this Agreement. If you do not adhere to this Agreement then you may not use the TiCKPAY service.

Please review this document (“Service Agreement”) carefully before you proceed to use the ‘TiCKPAY’ (“Business name owned by TiCKTOC Worldwide Pty Ltd; ABN: 34 611 820 458) mobile application and website, payment processing services, other products and services (together, the ‘Services’). When you register for and use any of the Services, you agree to be governed by all the terms and conditions outlined in this Service Agreement. Where applicable, you accept these terms as an authorised person on behalf of a business (Company, Trust, Partnership, Joint Venture or any other legal entity) using the Services.

You must be a legal, permanent resident of Australia, an Australian citizen or a Company authorised to conduct business in Australia. You may not resell or export the Services in any way. You must also be aged 18 or greater to use the Services.

 

DEFINITIONS

‘Agreement’ means this entire document: ‘TiCKPAY Payment System User Service Agreement’.
‘API’ means Schedule 2 to the Competition and Consumer Act (Cth).
‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act (Cth).
‘Bulk Electronic Clearing System’ (BECS)means the settling of transferred funds between accounts by financial institutions.
‘Buyer’ means any person that willingly presents a bank card or Wallet to a Seller in order to make a payment via mPOS, TiCKWallet, other digital Wallet, or when a non-present person or entity pays a Seller via a request made by the Seller.
‘Chargebacks’ means reversed transactions.
‘Consumer’ has the same meaning as in section 3 of the Australian Consumer Law.
‘Consumer Guarantee’ means a Consumer Guarantee applicable to goods or services supplied or to be supplied under this Agreement by operation of the Australian Consumer Law.
‘Dispute’means any dispute, difference or issue between the parties concerning or arising out of or in connection with or relating to this Agreement or the subject matter of this Agreement or the existence, breach, termination, validity, repudiation, rectification, frustration, operation or interpretation of this Agreement including, without limitation, any claim: (i) in tort; (ii) in equity; (iii) pursuant to any applicable state, territory, Commonwealth, foreign or international statute or law; or (iv) of any other kind or nature under any applicable law.
‘EFTPOS’ means Electronic Funds Transfer at Point of Sale; normally associated with a physical EFTPOS machine
‘e-Wallet’ or ‘Wallet’ means a digital means of payment such as via Our TiCKWallet or other third-party e-Wallets; ie: ApplePay.
‘Fees’ means Transaction or Service charges in the normal course of banking transactions or other exception fees as may be charges from time to time passed through either from the financial institution or from Us.
‘Financial Institution’ means registered Bank or Acquirer.
‘Invoice’ means a formal request for payment sent to a Buyer.
‘Law’ means common law, principles of equity and any legislation, enactment, proclamation, by-law, regulation published policy or regulatory guide passed or adopted by any government body or authority with applicable jurisdiction and includes any amendments, consolidations or replacements of them and all orders, ordinances, regulations, rules, by-laws and policies made under them.
‘Merchant’ means a Seller who has the capability to accept electronic payments via TiCKPAY and to whom a Buyer is offering payment for a product or service.
‘Mobile POS device’ ‘mPOS’ means the in-built TiCKPAY payment system to enable Merchants the ability to offer contactless, mobile payment tap ‘n go services via their mobile phone or mobile device or for electronic payments via Our website(s).
‘Our’ means Services offered by “TiCKPAY”, “We”, “Us” or “TiCKWallet”.
‘Plug-in’ for TiCKPAY means pre-built payment gateway which can be integrated quickly and easily
‘Pooled Bank Account’ means co-mingled funds held together with other TiCKWallet account holders in a financial institution.
‘Seller’ means any person that signs up for a TiCKPAY account to accept payments using Our Services.
‘Services’ means products and services provided by Our mobile and website search, booking and payment applications and processes as branded under TiCKPAY, “TiCKWallet”, or otherwise referred to in this Agreement as “We”, “Us” or “Our”.
‘TiCKTOC’ means TiCKTOC Worldwide Pty Ltd. ABN: 34 611 820 458 and the owner of TiCKPAY
‘TiCKPAY Services’ means all services offered within the TiCKPAY application and any related service information or offering on our Website(s).
TiCKWallet’ or ‘TiCKWallet Services’ means the payment and transaction capabilities provided within the TiCKPAY application.
‘Us’ has the same meaning as ‘Our’.
‘User’ means any individual, Buyer, Seller or entity that registers and is validated to use the TiCKPAY Service.
‘We’ has the same meaning as ‘Our’.
‘You’, or ‘Your’ means the person who has consented to download and use the TiCKPAY application.

 

1. PRIVACY

a. The terms outlining how we will use and manage your personal data collected from the use of this Service is described in the TiCKTOC Privacy Policy on our website, www.tickpay.com.au, which may be updated from time to time. Further, you shall abide by Australian law in relation to Privacy Act 1988 (Cth), the Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth).

 

2. INTELLECTUAL PROPERTY, PERMISSION AND ACCESS

a. You must open an account with TiCKPAY to use the Services. We may evaluate your information to verify you for acceptance or notify you otherwise. Once you have successfully activated a valid account and continue to comply with this Service Agreement, We grant you limited, non-exclusive, non-transferable, permission to access and use the Services.

b. We own the Intellectual Property (IP), copyright, trademark, designs, patents and text of this Service. Any and all parts of the Services may not be re-sold, duplicated or copied for any commercial purpose. This permission does not allow any downloading of account information other than your own, nor may you use any trademark or other proprietary information.

c. You must comply with all relevant local laws otherwise the permission granted by our Services will terminate due to any non-compliance by a user. You authorise Us, in relation to the Services, to act as your agent for the purposes of transacting, holding, receiving and disbursing funds on your behalf.

 

3A. TiCKPAY AND TiCKWALLET ACCOUNT REGISTRATION

To register for the Services, you must ensure that:

a. your use of the Services will be in compliance with local laws and regulations;
b. you have a valid bank account with an Australian bank;
c. you provide honest, accurate and complete information.

 

3B. SIGNING UP AS A BUSINESS

a. If you are signing up for Our Services as a business, you must use the accurate name of your Company and supply its Australian Business Number (ABN) or Australian Company Number (ACN). This name will appear on the Buyer’s Credit or Debit card statement for all payments that you as a Merchant accept using the Services.

 

3C. VALIDATION

a. You must not fraudulently impersonate any person or company/entity. You authorise Us to use any information you have provided to Us, to request additional information from you at any time and to obtain credit reports about you to verify your identity while you are registered.

b. You must also keep the information that you provide up-to-date. If necessary, you authorise Us to periodically obtain additional reports to determine whether you continue to meet Our account requirements.

 

3D. RIGHT TO SERVICE

a. We reserve the right to refuse to provide Services to anyone for any reason. If you provide inaccurate or false registration information, do not immediately notify TiCKPAY of changes to your registration information or if you fail to comply with applicable laws or this Service Agreement, We may refuse service or terminate your account(s) without prior notice to you.

 

To be able to use TiCKPAY and transact payments out of the TiCKPAY Service,
you will need to undertake a 100-point identification check by providing the following and other documentation we may request to complete your application:

1. Individuals and companies must provide an image of their bank statement showing clearly:
• Name of Bank
• Account and BSB Number
• The Name of the Account holder

2. Individuals and companies are to provide any two of the following clear pictures:
• Australian driver licence
• Medicare card
• Australian passport
• Australian working visa
• Birth Certificate

3. Companies must provide:
• ABN/ACN and
• Full Company name

TiCKPAY will verify information provided and advise you by email.

 

4. SECURITY OF YOUR ACCOUNT

a. You are obligated to restrict access and to maintain the security of your TiCKPAY account, and agree to accept responsibility for all activities that occur within your TiCKPAY account. You agree to inform Us immediately if you suspect that your TiCKPAY account is being accessed in an unauthorised manner. We shall not be liable for any unauthorised transaction conducted using your TiCKPAY account prior to such acknowledged notification.

b. You are responsible for ensuring that the information you provide Us is correct, complete and up to date via the TiCKPAY app or notifying Us of any changes via email to support@tickpay.com.au.

c. You agree to allow TiCKPAY to retain and manage the information you have provided in order to provide Services to you.

d. We have implemented third-party protection measures intended to secure information about you from accidental loss and from unauthorised access, use, alteration or disclosure. Despite these measures, we do not guarantee that unauthorised third-parties will never be able to defeat those measures and use your information. You agree to provide your personal or company information at your own risk.

 

5A. MAKING MERCHANT PAYMENTS

a. To make payment to a Merchant you may complete manually online or in-app or present your Credit or Debit card to the in-app mPOS or EFTPOS machine presented to you by the Merchant; provided you have verified that the Merchant device belongs to the person or company presenting it. Should any automated process of the Mobile Merchant device malfunction, you may enter your Credit Card or Debit card details manually.

b. Cards accepted include Visa, Mastercard, American Express and JCB. We may remove or add Cards that we accept at any time without prior notice.

c. When the Buyer and Seller agree that the payment details are correct, TiCKPAY will submit the transaction to the banking system for processing. The relevant amount including any relevant sales and government taxes and fees or charges, (Fees as specified in-app and/or on Our website) will be charged to your selected bank card and the corresponding amount, less fees and charges, will be transferred to the Merchant once verified.

d. The Seller must provide the Buyer a payment receipt.

e. When using the Services, all transactions will be denominated in Australian Dollars (“AUD”). If the Credit or Debit card you use to make payments is not denominated in AUD, you will be charged in your local currency’s amount equivalent of the AUD price. Your bank card issuer may charge you fees such as currency conversion and/or transaction fees, for making a purchase in AUD rather than your local currency. We shall not be liable for any fees charged or exchange rates used by your bank card issuer.

 

5B. RECEIVING MERCHANT PAYMENTS AND ACCESS TO YOUR FUNDS

a. When you collect payment from any person via Credit or Debit card or when any person makes a payment to you through their TiCKWallet, TiCKPAY will process the payment and credit the corresponding amount, less fees and charges, to your TiCKWallet account. Credit and Debit card payments to Merchants will be paid by the buyer’s designated bank to TiCKPAY, with TiCKPAY then instructing its bank to make the appropriate onward payments to Merchants.

b. Provided you have completed your 100-point check, the name on the bank account, Company name and the TiCKPAY account match and We have verified your account, you may receive funds either directly in to your bank account (less any applicable Fees) or in to your TiCKWallet (less any applicable Fees).

c. When receiving funds in to your TiCKWallet, you may request to transfer funds to your verified Australian bank account or use funds in your TiCKWallet to purchase products and services via the TiCKPAY app. When transferring funds to your designated bank account, the transaction is deemed to be complete when the designated financial institution has accepted the transaction or funds.

d. Where you hold a balance in your TiCKWallet account, your funds will be co-mingled with other TiCKWallet account holders and held by Us in Our nominated financial institution (‘Pooled Bank Account’) until such time you request to pay for products and services or transfer your funds from the TiCKWallet to your linked bank account. As such, we hold your funds on your behalf for the benefit of you and others holding balances.

e. Our Setoff Rights
If any amount payable to Us is due but unpaid, we may withhold payment of any amount that is payable by Us to you until you have made payment of the amount that You owe Us. We may set off any amount that you owe us against any amount that we owe you. You may be requested to supply additional documentation required for us to secure Our interest in any unpaid funds.

 

5C. TRANSFERS BETWEEN TiCKWALLETS

a. To transfer funds to another party through the TiCKWallet system, you add the amount to transfer and, provided the recipient is present, you share this with their QR Code reader. If the recipient is not present, you may send a request to the recipient which will present your QR Code to them.

b. TiCKPAY’s automated system will submit the transaction and the corresponding amount will be transferred to the intended recipient immediately.

c. A person who wishes to make payment to you, or vice versa, will be unable to do so until they have registered for and activated a valid TiCKPAY account. You will not be able to accept any payments until your TiCKPAY (including the TiCKWallet feature) account has been activated successfully.

 

5D. INVOICES

a. A Seller may present and / or send an invoice to a Buyer for payment.

b. The invoice has an embedded ‘Pay Now’ link to allow the recipient to make a payment via their chosen payment method.

c. It is the responsibility of the Seller to ensure that all details of the invoice are correct including, but not limited to the:

o total amount including any sales or government taxes such as GST
o description of service offered
o Sellers personal or company name
o Company details if applicable such as ABN
o due date
o sent to the recipient via their correct mobile number for SMS or correct email address
d. We ask that you ALWAYS CHECK that the invoice is correct prior to sending to avoid unnecessary refunds or disputes.

e. You will have access to your invoice and be able to track and search invoices for paid and overdue invoices.

f. Transaction history is retained to allow you immediate access to transactions created via your invoices.

g. Please retain all invoices for the statutory period relevant to your State or Country.

• Transaction history details are exportable generally best done on a computer.

 

5E. TAX RECEIPTS

a. After presenting your Credit or Debit card to the mobile merchant device or after payment is completed via your TiCKWallet, you will receive a receipt acknowledging the completed payment. You are encouraged to retain this receipt should you have any reason in future to refer to it for any purpose, including any claim upon the merchant.

b. If you are a Merchant, accepting payments via Credit and Debit cards or via the TiCKWallet, you are obliged to provide a receipt via SMS or email and retain your electronic transaction records for the statutory period as required by State or Federal law. As a merchant, it is entirely your responsibility to store receipt records safely and securely such that you alone, or your employees in the general course of doing business, can access them for any reason including customer claims for chargeback.

c. If you, as a Merchant, do not provide a receipt of payment and a customer makes a claim against you, you alone are responsible to make good the claim.

d. By providing a receipt, Buyers may be offered the opportunity to provide feedback to Sellers about their customer experience. Should a Seller receive feedback, the Seller may elect to respond to that Buyer directly if they have enabled you to reply, otherwise the Seller is not permitted to provide feedback to a Buyer.

e. After a transaction, a Seller is not permitted to communicate with a Buyer to request their account or Credit or Debit card information or request any information unrelated to their transaction or feedback.

f. Under all circumstances you are not permitted to send abusive, harassing, excessive or objectionable messages that contravene this Agreement.

 

5F. TRANSACTION RECORDS

a. TiCKPAY records transactions conducted through your TiCKPAY account. All of your own transaction history is held within our system. You may access your transaction information within the application or via the secure logon on the website.

 

5G. TAXES

a. We disclaim ANY liability for Taxes. When receiving payment via Our Services you alone are responsible for calculating and applying correct, regulated and appropriate taxes to apply to any transaction.

b. You alone are responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority.

 

5H. GST (including other obligatory government taxes or sales taxes)

a. We disclaim ANY liability for your GST. When receiving payment via Our Services you alone are responsible for calculating and applying the correct, regulated GST to the transaction.

b. The Seller is responsible for collecting, withholding, reporting and remitting correct GST to the appropriate authority.

c. Should you require information about GST in Australia, please refer to A New Tax System (Goods and Services Tax) Act 1999 (Cth) here

d. The Buyer of your products and service must pay the applicable GST in the same transaction as for the product or service you are supplying.

e. The receipt supplied to the Buyer should state that GST is included in the total fee or the GST should show as a separate line item on the receipt and/or tax invoice.

 

5I. ENQUIRIES

a. If you have a complaint or query pertaining to a merchant transaction, you will need to contact the relevant Merchant for resolution.

b. You may make other enquiries though support@tickpay.com.au

 

5J. LINKING TO BANK CARDS OR ACCOUNTS

a. Your TiCKPAY account may have multiple bank cards and bank accounts linked to it provided you have full authority and responsibility over the registered bank cards and bank accounts you provide to TiCKPAY. You are able to add your card and account details within the TiCKPAY TiCKWallet; within the application.

 

5K. DEBITS

a. As part of registering with Us, the Seller authorises us to direct debit any Chargebacks, or related payments due to Us under this Agreement, from your linked account in in AUD.

b. The Sellers linked account must be capable of accepting direct debits via the Bulk Electronic Clearing System (BECS). It is your responsibility to ensure your linked bank account details are correct. It is advised to check bank account details with your most recent bank statement.

c. Please allow 24-48 hours for completion of debits from your account. If you believe that there has been an error in debiting your account, you should contact support@tickpay.com.au. You can also contact your financial institution.

d. You are responsible in ensuring you have sufficient cleared funds available in the account to be debited when payments are due. If available funds are insufficient to honour the debit, you will be notified that your payment has been returned unpaid. You will be requested to top-up your account and advise us to reinitiate the debit.

 

5L. UPDATING PASSWORDS

a. You may be asked to enter a password whenever you use TiCKPAY’s Services. A password may be changed or re-set via an email which is sent to the email address in our records. Should you require any assistance resetting your password contact support@tickpay.com.au

 

5M. REFUNDS

a. As a Merchant, you are obliged to provide a payment receipt to a Buyer to help manage, avoid or reduce requests from a Buyer for refunds.

b. The Seller agrees to offer and adhere to its refunds and returns policy relevant to its products and services. The Seller is solely responsible for managing any and all refunds and returns.

c. The Seller must maintain sufficient funds in their TiCKWallet to enable refunds to transact.

d. If the Seller’s available balance is insufficient to cover the refund, We will request the Seller’s authorisation to withdraw up to the requested refund amount from the linked bank account or Credit Card including any applicable fees and charges.

e. In the instance where the Seller provides a refund, the relevant bank will credit the amount back to the bank card which was initially used. We make no exceptions to this policy.

f. We will also refund any applicable Fees to ensure the full purchase amount is returned to your Buyer. Refunds may only be processed up to 90-days from the original purchase date.

g. TiCKPAY is not responsible for any errors made by the Merchant when they process the refund nor do we accept any responsibility to accept any returns on your behalf.

 

5N. CHARGEBACKS

a. As a Merchant, you are obliged to provide a payment receipt to a Buyer to help manage, avoid or reduce any request from a Buyer for a chargeback.

b. The amount of a transaction may be reversed or charged back to the Sellers account (a ‘Chargeback’) if the transaction (i) is disputed successfully, (ii) is reversed for any reason by the banking institution, our processor or a buyer, (iii) was not authorised or we have any reason to believe that the transaction was not authorised, (iv) is allegedly unlawful, suspicious or in violation of the terms of this Agreement.

c. Should the Seller have insufficient funds to enable a Chargeback, We may invoke Our Setoff rights as per 5B (d) or request your authorisation to cover the chargeback via a transaction from your linked bank account or Credit or Debit card.

d. If we are unable to recover funds related to a Chargeback for which the Seller is liable, the Seller will pay us the full amount of the Chargeback immediately upon demand. The Seller agrees to pay all costs and expenses, including without limitation lawyer’s fees and other legal expenses, incurred by or on behalf of us in connection with the collection of the unpaid deficit.

e. The Seller may contest a Chargeback at the Seller’s own expense. In the course of Us assisting you with your request, We reserve the right to recover our costs from you and to charge a fee for mediating and/or investigating Chargeback disputes.

f. At our sole discretion if we believe you are incurring an excessive volume of Chargebacks, We have the right to either suspend or terminate your account.

 

6. USER UNDERTAKINGS:

a. The User should carefully check through transaction details such as total amount, sales and government taxes, the correct account has been used and recipient information before submitting a payment.

b. The Merchant agrees not to view the customer PIN when the Buyer is present.

c. The User should carefully check through transaction details such as amount, account, recipient information before submitting refunds or adjustments.

d. Once a transaction instruction has been lodged, the Merchant authorises Us, and Our third-party bank or partners, to charge, debit, credit to or from your bank card, the amount as per the Merchant instruction. We are not liable for any errors made by the Merchant when submitting the said instruction.

e. You shall assume all liabilities for the accuracy and validity of your instructions when using Our Services. You will also assume all risks relating to TiCKPAY in carrying out your instructions in good faith. We record all transaction information for future reference.

f. The Merchant is responsible all customer service and for any dispute arising between the Users of the Service. The Seller is obliged to communicate with the Buyer for any and all customer service issues including returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with the Seller’s own policies or processes.

g. You will not use the Services for any illegal, fraudulent purpose or in connection with a criminal activity. You also undertake to not use the Services in any way that causes, or may result in interruption or damage to access to the Services.

h. You are prohibited from using Our Services for the following activities (including but not limited to):

  • (i) any illegal transactions such as drug trafficking or dispensing of pharmaceuticals without prescriptions;
    (ii) accepting transactions for infomercial sales and unauthorised multi-level marketing businesses;
    (iii) activities which compromises national security such as terrorist financing and arms trafficking including the sale of firearms, firearm parts or hardware and ammunition, weapons and other devices designed to cause physical injury;
    (iv) any act which involves fraudulent or stolen identities;
    (v) activities which undermine any person’s reputation, privacy, commercial secrets, trademark, copyright, patents and the sale of hate or harmful products;
    (vi) any act which encourages and facilitates any person to partake in illegal gambling including but not limited to betting, off-track betting and wagers at races;
    (vii) the purchase of casino gaming chips
    (viii) any act which may result in money laundering;
    (ix) any act which involves your use of an invalid bank account/card of your own or of another person or company;
    (x) any act which violates any law or regulation, terms of TiCKPAY or its affiliated companies, agreements, rules or notices;
    (xi) any act, including use of this Service, which violates laws, regulations, rules, policies and decrees of any State or Country in which you reside or, if abroad, the local laws of that Country.

i. If you accept payments in connection with any of the above businesses or business activities, we may terminate the use of the Services.

j. You authorise Us to submit any information or transactions conducted through your account to authorities as required by applicable law.

 

7. RESTRICTED USE

a. You are not permitted to resell Our Services which means you must not be, or attempt to become, a payment intermediary, aggregator or service bureau. You are not permitted to offer nor provide cash advances.

 

8. TiCKPAY’s ROLE

a. Our Services allow you to make and accept payments online, in-app or via Credit and Debit cards as per 5A and via your TiCKWallet. We collect, analyse and relay information to banking networks in connection with these payments to facilitate your request.

b. TiCKPAY is neither a bank nor a financial institution. We require reasonable time to process your transaction. We do not guarantee to facilitate real-time payments between parties.

c. A contract is formed at the completion of a transaction solely between the Buyer and the Seller, or Merchant. TiCKPAY is neither the Buyer nor the Seller of the products and services except if offered as a TiCKPAY branded product or service. As TiCKPAY is not a party to that contract, nor is TiCKPAY the Merchant’s agent. We do not assume any responsibility arising in connection with the contract.

d. The Merchant is solely responsible for the products/services provided to you and for dealing with any buyer claims or any other issue or dispute arising out of said contract.

 

9. TiCKPAY’s RESPONSIBILITIES LIABILITY AND WARRANTY

a. To the degree that it is possible, TiCKPAY will do its utmost to deliver uninterrupted availability of the Services and accurate transmissions. This cannot always be guaranteed due to factors beyond Our control and the nature of the Internet.

b. There may be instances when it is necessary to suspend or restrict Services to facilitate updates, repairs and maintenance. Where possible, the frequency and duration of any such suspension will be minimised.

c. We shall do everything reasonably within our control to minimise transaction errors. If we notice any transaction or processing error, we will attempt to rectify the error in a reasonable timeframe from when all necessary information, including information from you (and our third-parties if required), is available to be able to rectify.

d. If you notice any transaction or processing error, you must notify us within 90-days of the error occurring to allow Us to commence rectification of the error.

e. TiCKPAY shall not be liable for any losses which are assumed by you (including but not limited to):

  • (i) profits, revenue or goodwill that were not caused by any breach on its part during your use of Services.

    (ii) for any currency exchange loss, or interest loss and other risks relating to any amounts kept, collected or paid on your behalf.

    (iii) any interest accrued thereon and you agree that TiCKPAY may retain any such interest (if any).

    (iv) all risks and losses caused by the User’s non-compliance with this Agreement, laws and any applicable business regulations and guidelines.

f. We do not Warranty that the Services we offer are fit for purpose and We accept no liability of any kind with respect to our products and services meeting your specific needs. We do not Warranty that the Service will operate without error. We make no representation of Merchant’s products or services or that Buyers are bone fide. We do not warrant that the Services will be compatible with your mobile device or third-party carrier. We are not liable where a mobile device has been modified in any way, ie: a jail-broken device or unauthorised software has been installed, which results in the device being unable to facilitate transactions. We have the right not to verify the Service on such device and to terminate the Services for your Account, should the device be modified in any way.

g. Should you require information on Card provider rules, please view at www.visa.com, www.mastercard.com, www.americanexpress.com and www.global.jcb/en.

h. To the fullest extent permitted by law, TiCKPAY shall be exempt from any liability for any and all possible losses of the Seller caused by any failure or event beyond Our reasonable control such as the following events (but not limited to):

  • (i) Natural disasters and acts of God

    (ii) Any acts by government

    (iii) Power, network or mobile failure

    (iv) Business disruptions or strikes

    (v) Internet or system instability

i. You agree and acknowledge that TiCKPAY will not be held responsible and shall bear no liability for the interruption or disruption of the Services in any of the following circumstances:

  • (i) improper or unauthorised use of the Services by a user or other person;

    (ii) malfunction of the computer software, systems, hardware and communication networks of a user of TiCKPAY;

    (iii) damage caused by hackers, a computer virus or other malicious programs;

    (iv) malfunction of the banking system or banking network;

    (v) suspension of the Services due to law or regulation;

    (vi) circumstance which are not reasonably foreseeable by Us.

j. You agree that We shall communicate with you in-app, via email and/or via announcements on our website(s) for all general and legal matters unless the laws of the land dictate otherwise.

k. Your consent to Us amending this Service Agreement from time to time. By you continuing to use Our Services, you are deemed to have accepted any and all changes made by Us. If you do not agree to any or all changes, it is your responsibility to stop using our Service.

l. You are responsible for checking in-app or on our website(s) to view any changes to this Service Agreement.

m. You may not assign this Agreement to any other individual or entity however We have all rights to assign or novate this Agreement to a third-party.

 

10. OTHER LEGAL MATTERS

a. This Service Agreement is governed by the laws of Victoria, Australia.

b. Any legal proceeding shall be conducted in English.

c. INDEMNITY. You will indemnify Us against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest and expenses arising out of any claim, action, legal action including legal fees, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to Use of Our Services.

d. CONSUMER LAW. Nothing in this Agreement is excludes, restricts or modifies the rights which you may have under the Australian Consumer Law.

e. SURVIVAL. The following clauses of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 1, 4, 5B (d), 5D, 5F, 5G, 5H, 5K, 5M, 5N, 6(j), 7, 10, 11,

f. DISPUTE RESOLUTION If you have a dispute with Us please email us at support@tickpay.com.au. We endeavour to resolve any dispute as quickly as possible.

g. If the dispute is not resolved in a reasonable timeframe, in any case less than sixty (60) days, further remedial processes may be invoked as follows:

  • (i) If you are an individual claiming for yourself or family, you may elect to lodge your complaint via the small claims tribunal.

    (ii) For any other entity, claims may be made by following the rules contained within the IAMA Arbitration Rules here. This process seeks to resolve disputes quicker than other more formal legal processes and involves an arbitrator who may award damages in the same way in which a court can and whose decision is binding.

    (iii) We do not consent to Class arbitrations and class actions. By agreeing to this Service Agreement, you waive your rights to participate in a class action against Us.

 

11. SUSPENSION OR TERMINATION OF SERVICES

a. You acknowledge that TiCKPAY, at its own discretion, may terminate use of the TiCKPAY during a dispute period or for extended periods of time, including indefinitely, should an investigation result in reasonable evidence against you, that you should not be permitted to use TiCKPAY services.

b. Notwithstanding any other provision in this Agreement, TiCKPAY may immediately terminate the use of our services at any time (without a notice period) if you:

  • (i) become bankrupt

    (ii) commit a breach of any part of this Agreement

    (iii) cause there to be a disproportionally high number or value of refunds or chargebacks to your customers

    (iv) commit a serious or persistent breach of the provisions of this Agreement which is incapable of being remedied to TiCKPAY’s reasonable satisfaction;

    (v) are convicted of any offence involving fraud or dishonesty or any other offence brought to our attention by relevant authorities which is punishable by imprisonment or loss of any rights in relation to your provided 100-point check.

c. For the purposes of this clause, a serious breach of this Agreement includes the following:
(i) abusive or threatening behaviour towards a Buyer or Seller;
(ii) any dishonest or suspected fraudulent activity including using the system for non-genuine jobs, such as illegal activity;
(iii) not being of Eligible Age;

d. Should we terminate your account We shall reimburse funds to you minus any fees and charges outstanding or any incomplete debit transactions still to be processed out of your account.

e. Equally, you have the right to terminate the use of our Service at any time provided you are not in debt to Us or have any obligations under this Agreement beyond the termination date. Should you elect to terminate your account We shall reimburse funds to you minus any fees and charges outstanding or any incomplete debit transactions still to be processed out of your account.

f. Upon termination, you agree to cease using the Service and abide by any terms of this Agreement that survive termination. We have the right, but not the obligation, to delete your account and all information in relation to your account.

 

12. SERVICE FEES

a. Set-up Fees. When using our Services, We are entitled to charge a fee, or fees. The mPOS app is currently free to download, for you to provision the service and for Us to verify you. In future, We may charge fees for our mPOS Service in which case We will announce the fee, or fees, on our website(s). EFTPOS services attract once-off and monthly fees. Please check for published fees on our website or enquire at support@tickpay.com.au.

b. Transaction Usage Fees. Where Credit and Debit Card and TiCKWallet transactions, authorised by you, occur, We charge you various Fees including, but not limited to a ‘Transaction Fee’, ‘Service Fee’ ‘Monthly fees’ or any other relevant Fee required to provide the Service as specified in-app and on Our website. By accepting this Service Agreement, you agree to pay the ‘Fees’.

c. It is your responsibility to check on Our website(s) for updates for Fees that we may update from time to time.

 

13. REFERAL CODES

a. You may send a ‘Referral Code’ which you may use to request another person or entity join TiCKPAY.

b. You may receive ‘Referral Code’ invitation to join TiCKPAY.

c. TiCKPAY may, from time to time, offer incentives for use of the referral code. We are not obliged to always offer an incentive for use of referral codes

d. TiCKPAY is not responsible for misplaced, unused or lost referral codes.

e. You may not duplicate, transfer or sell a referral code.

f. A referral code is not redeemable for cash or credit.

 

14. MARKETING

a. TiCKPAY provides you with the ability to sell products via our system.

b. You should refer to our Website under ‘Sell Products’ or ‘Shopping Cart’ for information on how to use TiCKPAY’s system to assist your sales activity.

c. We may allow you to market your business in-app, on our website or via other related websites or social media sites. Should we extend to you this opportunity to market, you are solely responsible for its content, distribution and uptake. We make no warranty of the success, or otherwise, of your own marketing initiatives. In this case, We are the facilitator only and bear no responsibility whatsoever otherwise. Regardless, any marketing that may occur must first be approved by Us.

d. You may receive marketing, advertising, product or service notifications or similar electronic ‘Messages’ via Our Services from Us or from approved third-party entities. By accepting or clicking on any link associated with these Messages, you acknowledge that, where the Message is from a third-party, you are no longer bound by this Agreement but by the Terms and Privacy Policy of the third-party. As such, We accept no responsibility for any action which may occur as a result of your interaction with a third-party website. You accept any and all liability when leaving Our Services from such actions of your own.

 

15. YOUR ACKNOWLEDGEMENT

a. You acknowledge that you have read and understood this Service Agreement in its entirety and that this Agreement constitutes the complete agreement between yourself and Us.

b. You also acknowledge that We have the right to change this Service Agreement from time to time and that it is your responsibility to visit this Agreement in-app or on our website to refresh yourself and continue to agree to use of Our Services.

c. You may elect at any time to terminate use of Our Services for any reason provided you have no unpaid debt to Us.

d. You also acknowledge that notices to you will be in electronic form in-app, via the website(s), by SMS or email and you accept these electronic forms of communication with you as formal notification.

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