Product Disclosure Statement
Combined Financial Services Guide (FSG) and Product Disclosure Statement (PDS)
Foreign Exchange Transaction Service (“Service”)
Issued by Flexi Online Pty Ltd ABN 42 154 594 199 Australian Financial Services Licence No 415833.
This Combined FSG & PDS is intended for distribution within Australia only. The offer is only made to persons within Australia, including those receiving this Combined FSG & PDS electronically. This Combined FSG & PDS is not an offer or invitation in any place where, or to any person to whom, it will not be lawful to make that offer or invitation. If you receive this Combined FSG & PDS electronically, we will provide you with a hardcopy, together with the Application Form, free on request.
Part 1 — Financial Services Guide
Dated: 12 September 2012
1.1 What is the Paymate Financial Services Guide (‘FSG’)?
Australian law requires Flexi Online Pty Ltd ABN 42 154 594 199 (“Paymate”, “we”, “us” or “our”) to give you an FSG to help you make an informed decision about whether you want to use the financial services we provide.
In particular, this FSG explains:
- who we are;
- the financial services and products we are authorised to provide;
- how we and others may be remunerated in relation to the financial services we provide;
- any relationships or associations we may have with other financial services providers; and
- how we deal with any complaints you make against us.
1.2 What other documents may Paymate give me?
The PDS is intended to help you to decide whether to use the Services. We will give you a PDS (in Part 2 of this document) before we provide the Services to you. The PDS sets out various information, including a description of the significant benefits, risks and conditions attaching to the Services.
1.3 Who provides the financial services described in this FSG and how can I contact them?
This FSG is provided by Flexi Online Pty Ltd ABN 42 154 594 199 Australian Financial Services Licence No 415833.
If you have any questions or need more information, you can:
- refer to our website at: www.paymate.com
- call us on: 1800 240 112 for the Paymate Service or 1800 248 934 for the OnTheGo Service.
- fax us on: 1800 239 145 or;
- write to us at: Flexi Online Pty Ltd, Level 8, 201 Pacific Highway St Leonards, New South Wales, 2065, Australia.
1.4 What financial products and services are Paymate authorised to provide?
Paymate is authorised under its Australian Financial Services Licence to provide the following financial services:
- give general financial product advice (this is financial product advice that does not take into account your personal circumstances, situation or needs) in relation to deposit and payment products limited to non-cash payment products and foreign exchange contracts; and
deal in deposit and payment products limited to non-cash payment products and foreign exchange contracts.
1.5 Who do we act for when we provide you with financial services?
We provide financial services on our own behalf. We do not act for anyone else when providing financial services to you.
1.6 What relationships does Paymate have with other product issuers?
We provide the Services, and we issue the non-cash payment product and foreign exchange contracts comprising the Services.
1.7 How is Paymate paid in respect of the financial services provided?
Paymate receives transaction and subscription fees for provision of the Services. (These fees are detailed in the PDS in Part 2 of this document.)
When providing foreign exchange contracts as part of the Services, Paymate may achieve a ‘spread’ or margin between the daily rate at which we settle a payment to a Seller/Recipient and the daily rate at which we actually convert the payment from the foreign currency to AUD at a later date or time. This spread may be positive or negative based on the timing of the conversion and the movement of the foreign currency markets during that period. This means that we may make a profit if foreign currency rates move in our favour when we actually convert the payment.
No related body corporate of Paymate, directors or employees of Paymate or a related body corporate or any associate of any of these persons receive any remuneration (including commission) or other benefits in respect of, or that is attributable to, the provision of financial services to financial services detailed in this FSG. Paymate staff members are salaried employees of Paymate and do not receive any proportion of any fees or other sums paid to Paymate in connection with the financial services or products detailed in this FSG.
1.8 How can I instruct Paymate?
You can give us instructions by using the contact details set out in part 1.3 of this FSG. Details of how to instruct us when using the Services are set out in the PDS in Part 2 of this document.
1.9 What do I do if I have a complaint?
Any complaints about any goods, services or delivery of those goods or services paid for using the Services should be resolved directly with the supplier of those goods or services or the company responsible for delivery of those goods or services.
If you have any complaints about the Services, contact our client services team by:
- writing to the Client Services Manager, Flexi Online Pty Ltd, Level 8, 201 Pacific Highway St Leonards, NSW 2065 Australia, or you can contact us by phone on 1800 240 112 for the Paymate Service and 1800 248 934 for the OnTheGo Service.
We will promptly acknowledge receipt of your complaint. If we cannot immediately resolve the problem, we will tell you that we need more time or information to resolve the issue. (We may have to request information from third parties including the supplier, banks and any other individuals or companies involved in the transaction). We will keep you informed of progress and resolve your complaint within 45 days (unless there are exceptional circumstances).
If you have not satisfied with the resolution of your complaint; you may contact the Financial Ombudsman Service (FOS). FOS is a dispute resolution service dealing with disputes that individuals and small business have with their financial service providers. You can contact FOS as follows:
Financial Ombudsman Service
Telephone: 1300 78 08 08
Facsimile: (03) 9613 6399
Mail: GPO Box 3 Melbourne, Vic., 3001
We have professional indemnity insurance in place that satisfies the requirements for compensation arrangements under section 912B of the Corporations Act.
Part 2 — Product Disclosure Statement
Dated: 12 September 2012
2.1 What are the Services?
The Paymate internet payment service (the “Paymate Services”) is a secure, accurate and reliable internet payment service, allowing any individual, business or other organisation with an e-mail address and an eligible credit card to send and receive payments online.
The Paymate On the Go service (the “OnTheGo Service”) is a mobile service which allows any individual, business or other organisation with an existing Account to transform mobile devices into secure point of sale terminals which can process certain credit and debit card transactions in real-time and in tandem with the Paymate Services.
In this PDS.
“Paymate”, “we”, “us” or “our” means Flexi Online Pty Ltd ABN 42 154 594 199 Australian Financial Services Licence No 415833.
“Services” means both the Paymate Services and the OnTheGo Services.
2.2 What is the purpose of this PDS?
This PDS will help you:
- understand the significant benefits and risks associated with the Services;
- understand the terms of the Services; and
- compare the Services with other similar services you may be considering.
Any financial advice in this PDS has been prepared without taking into account your personal objectives, financial situation or needs and you should consider whether it is appropriate for your circumstances.
2.3 Who is the issuer of the Services and how can I contact them?
The issuer of the Services is Flexi Online Pty Ltd ABN 42 154 594 199 Australian Financial Services Licence No 415833 (“Paymate”).
Please see part 1.3 of the Financial Services Guide for information on how you can contact us.
2.4 Significant Benefits
The Paymate Service:
- Allows Sellers / Recipients to receive Credit & scheme debit card payments without the need to have a merchant facility
- Allows you as an Australian Seller/Recipient to agree a price with a Buyer/Sender in foreign currencies supported by Paymate and receive payment in AUD into your nominated Australian bank account. This enables each party to trade in local currency.
- Can reduce costs for your Buyer/Recipient that may be incurred with alternative methods.
- Eliminates foreign currency risk for your Buyer/Recipient since they do not need to purchase your currency (AUD).
- Eliminates the need for you to maintain foreign currency accounts, convert from foreign currencies to your local currency (e.g. USD to AUD) or move funds from foreign currency to local currency bank accounts.
The OnTheGo Service:
- Allows you real-time authorisation of your transactions.
- Provides you with mobile and “on the go” access to your Account.
- Allows you to process credit card and debit card transactions via selected SmartPhones.
2.5 Significant risks
Using the Services carries some risks. This is a summary of the significant risks.
Foreign exchange risk
When the payment to you is cleared by us (typically 2-3 days after the Buyer/Sender makes the payment), we use the indicative foreign currency ‘sell rates’ published by an Australian Bank on that day to convert your foreign currency payment into AUD for settlement to your bank account overnight. You cannot select the timing or exchange rate at which your funds are converted from the foreign currency into AUD.
The foreign currency exchange rates may change from the time you agree a price in foreign currency with your Buyer/Sender and when we convert your funds into AUD. Depending on the way exchange rates change, you may receive less (or more) money (in AUD) than you anticipated when you set the payment price with your Buyer/Sender.
Unauthorised use risk
If the Services is used on your behalf by someone else, you will be at risk of misappropriation and resulting loss. To help mitigate this risk, ensure you take appropriate steps to protect the security of the way you access the Services. Carefully check your transaction accounts and notify us of any errors or omissions.
If you inadvertently give others access to your details, your confidential information may be misappropriated.
The Services rely on various technologies (including the internet and the mobile phone network). If there is interruption to any technologies on which the Services rely, there may be interruptions to, or a delays in, the provision of the Services.
- In order to use the OnTheGo Service, you must already have a valid and active Account. This means that in order to use the OnTheGo Service, you will be exposed to the risks associated with the Paymate Service.
2.6 Fees & Charges
Fees payable for using the Services, in the table below are only charged to the Seller, ie. the Buyer does not pay any fees. When you make a payment, Paymate calculates the fees and GST on the fees automatically for you.
Where a Subscription Fee applies, the Seller will be charged a Subscription Fee 30 days after the Seller selects an account type.
Paymate Seller Fees
Please note that acceptance of foreign currency credit card payments is optional and incurs an additional 2.5% fee payable by the Seller.
Monthly Prepaid Payment Value *
Transaction Fee **
2.475% plus $0.55 per transaction
2.20% plus $0.55 per transaction
1.925% plus $0.55 per transaction
1.65% plus $0.55 per transaction
* Monthly Prepaid Payment Value – you do not pay any Transaction Fees until the total payments received through the Services exceed this amount.
** Transaction Fee – this is calculated on payments (or part thereof) to Sellers that exceed the applicable Monthly Prepaid Payment Value. For example, if you have a Regular Seller Account you don’t pay any transaction fees on the first $500 of payments to you. If the first payment received in the month is $1,500 the Transaction Fee will be calculated on the amount above the Monthly Prepaid Payment Value, or $1,000 (at 2.20% plus $0.55) in this example. This Transaction Fee is payable in addition to the Monthly Fee of $8.25.
If you have a Regular Seller Account and receive two payments of $500 (i.e. total of $1,000) through the Services in one month. The total fees payable will comprise the Transaction Fee and Monthly Fee.
The Transaction Fee calculated on the payments in excess of the Monthly Prepayment Value of $500 i.e. $500. The Transaction Fee is calculated as 2.20% of $500, plus $0.55 for the transaction, i.e $11.55 (inclusive of GST).
You must also pay the Monthly Fee of $8.25 (inclusive of GST), meaning that the total fees for the month are $19.80 (including GST).
The monthly payment limit for all Account types is $20,000 (Note: this can be further amended by contacting our customer support). This means that without agreeing otherwise with Paymate, you will only be able to receive maximum total payments through the Service of $20,000 per month.
ALL Paymate fees are subject to GST (on the fee only).
All fees and amounts quoted in this PDS & FSG are quoted in AUD.
Chargeback fee $30.00
For more details regarding when these fees are payable, go to http://www.paymate.com/cms/index.php/sellers/why-sell-with-paymate/fees-a-charges/australian-seller-fees
Changes in fees
We may vary these fees, or charge additional fees, at anytime by giving notice to you. We will give notice of the imposition of a new fee, or any increase in an existing fee 30 days before it takes effect.
Fees payable to other service providers
When you use your credit or scheme debit card for a purchase, you will be subject to any applicable fees and interest, charged by your credit or scheme debit card provider. These fees are not charged by us.
Other potential liabilities
You are responsible for all Chargebacks and other claims, fees, fines, penalties and other liabilities incurred by Paymate (and others) as a result of you using the Services. If you are involved in a dispute with another user of the Services, and Paymate makes a final decision against you, you may be required to reimburse Paymate for your liability.
2.7 Requirements for use
To use the Services you must:
- have a current e-mail address;
- be at least 18 years old;
- register with Paymate to receive payments online into a Nominated Deposit Account; and
2.8 Payment amounts
Payment amounts which may be paid using the Services in a single payment are subject to the following limits:
Minimum payment: $1.00
Maximum payment: $9,999.99
Please see part 1.9 of the Financial Services Guide in Part 1 of this PDS for information on what to do if you have a complaint about the Services.
2.10 Changes to information in this PDS
The information in this PDS is up to date as at 12 September 2012.
The information in this PDS may change from time to time. If the change is not materially adverse to you, we may notify you of the change on our website at www.paymate.com.
2.11 Other information available
1: About the Services:
This website is owned and operated by or on behalf of Flexi Online Pty Ltd (Paymate) under the domain names paymate.com, paymate.com.au, paymate.co.nz, paymatestores.com and haiwaibao.com (the Paymate Website).
We are a payment service provider. The Services helps you make Payments to and accept Payments from third parties. We do not have control of, or liability for, the products or services that are paid for with the Services. We do not guarantee the identity of any user or ensure that a Buyer or a Seller will complete a transaction.
Privacy of Others. If you receive information about another Paymate user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a Paymate user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
Intellectual Property. “Paymate.com,” “Paymate,” “Paymate OnTheGo”, “Haiwaibao” and all logos related to the Services are either trademarks or registered trademarks of Paymate or its licensors. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Paymate. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by us, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to us or the Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Paymate Website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of us and our licensors.
Assignment. You may not transfer or assign any rights or obligations under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Notices to you. You agree that we may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 12 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us. We will charge you a fee to provide a paper copy. We reserve the right to close your Account if you withdraw your consent to receive electronic communications.
Notices to Paymate.
Notices to Paymate must be sent by postal mail to:
Flexi Online Pty Ltd,
Level 8, 201 Pacific Highway
St Leonards NSW 2065 Australia,
Phone. 1800 240 112
Additional Reserve: At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Account or in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks (described in paragraph 13), refunds, or other indications of performance problems related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed by us (at our sole discretion) at any time, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favour, or otherwise as we may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorise us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve. If, in our opinion, the Personal Property Securities Act 2009 (Cth) or any regulation made under that Act (PPS Law) applies, or will in the future apply to this Agreement, and that PPS Law affects our security position or our rights or obligations under or in connection with this Agreement or enables or would enable our security position to be improved, we may give notice to you requiring you to do anything (including executing any document) that in our opinion is necessary or desirable. You must comply with any such notice within the time stipulated in the notice.
Our Set off Rights: To the extent permitted by law, we may set off against your Account Balance any obligation you owe us under this Agreement, including without limitation any Chargebacks. All fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from your Account Balance. If you owe us an amount that exceeds your Account Balance, we may charge or debit a payment instrument registered in your Account. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Account means the account established for you in respect of the Services.
Account Balance means the balance of your nominated Bank Account.
Application Form means the application form for the Services provided with this Combined FSG & PDS.
Bank Account means a valid deposit, cheque or savings account with a financial or deposit-taking institution in Australia.
Business Day means a day on which trading banks are open for business in Sydney, except a Saturday, Sunday or public holiday.
Buyer means a person who pays for goods or services using the Services.
Clearance Period means the time it takes for funds to be cleared through the financial system once the Electronic Instruction relating to the Payment is received by us. The clearance period is typically (but not always) one (1) Business Day for a Payment from a Nominated Card.
Electronic Instruction means any electronic instruction, information, message, request or communication issued or transmitted to us through the Paymate Website.
Material on this Website means all material, information and content on the Paymate Website including, without limitation, all text, graphics, icons, photographs and URLs and any and all tools, calculation devices, software programs, games or other features which may assist you in conducting Payment transactions or helpful hints or other information, which may be available on the Paymate Website.
Merchant means Seller or Recipient.
Nominated Card means a valid credit or charge card which you may use to transfer funds from as a Seller.
Nominated Deposit Account means a Bank Account held by you to which all Payments you receive as a Recipient are credited.
OnTheGo Service means the mobile payment service available for use by individuals and businesses with an existing Account which enables a real-time Payment to be made between parties via the Paymate Service.
Paymate Clearing Account means the Paymate Bank Account into which Payments made by a Sender are placed during the Clearance Period and pending collection by the Recipient.
Paymate means Flexi Online Pty Ltd ABN 42 154 594 199.
Paymate Service means the Paymate internet payment service available for use by individuals and businesses which enables a Payment to be made between parties through either direct debiting funds from a Bank Account or a charge to a valid credit or debit card accepted by Paymate, and the crediting of those transferred funds to a Bank Account.
Paymate Website means www.paymate.com
Payment means a transfer of funds from a Sender to a Recipient via the Services.
Payment Brands means any payment method provider whose payment method is accepted by us for processing, including, but not limited to, Visa, MasterCard and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers.
Payment Brand Rules means the bylaws, rules, and regulations, as they exist from time to time, of the Payment Brands.
Payment Methods means payment by a card issued by a Payment Brand.
Recipient means in relation to a specific Payment a registered Paymate user who uses the Services to receive funds from a Sender.
Seller means a person who receives payment for goods or services using the Services.
Sender means in relation to a specific Payment a Paymate user who uses the Services to send funds to a Recipient.
Services means the Paymate Service and the OnTheGo Service.
3: Access to the Paymate Website:
In order to access and use the Paymate Website and Services, you must obtain access to the world wide web and pay any service, telecommunication, internet or other fees associated with or incurred by such access and use. You must provide all equipment necessary to connect to the internet and world wide web, and access the Paymate Website.
4: Eligible users:
In order to be eligible to use the Services, You must:
- be an individual at least 18 years of age or a legal body corporate, and able to form legally binding contracts in your own name under Australian, and New Zealand law;
- have a valid and active email address;
- if you wish to make Payments, have a valid Nominated credit or debit Card;
- if you wish to receive Payments, have a valid Nominated Deposit Account; and
- have a valid and active Account.
5: Authorised users:
If you are a registered user of the Services, we may in certain circumstances allow you to nominate a third party to access to your profile to deal with Payments (an Authorised User).
You may request that Paymate cancel the authority of an Authorised User through the Paymate Website or for Paymate OnTheGo Service by contacting us on 1800 248 934.
6: Registering to use the Services:
You must register with us in order to receive Payments. To register, you must provide us with certain details, including, but not limited to, your:
- telephone number;
- valid and active email address; and
- physical mailing address (P.O Box is not acceptable).
If you wish to receive Payments:
- a Bank Account number, which will be your Nominated Deposit Account.
If you successfully register with Paymate, you will be provided with a unique user code and password. You will be required to enter this user code and password each time you use the Paymate Service or the Paymate OnTheGo Service (which may have a different user code and password) or certain sections of the Paymate Website.
If you wish to make Payments:
- by credit or scheme debit card — a credit or debit card number (and expiry date and card type), which will be your Nominated Card, and a signed authorisation form to charge amounts to your Nominated Card in accordance with your instructions when you use the Services.
7: Updating your profile:
If you are a registered user of the Paymate Service, you may update your profile at any time via the Change Profile section of the Paymate Website.
If you are also a registered user of the Paymate OnTheGo Service, you may update your OnTheGo profile by contacting our Customer Service Centre on 1800 248 934.
Paymate may take steps to verify any changes to the information we hold about you before processing or relying on that information.
8: Verification of your account
We may from time to time require you to verify your Nominated credit or scheme debit Card, or Nominated Deposit Account.
Verification involves Paymate debiting and crediting a small random amount to the relevant account, and you authorise us to do this. Paymate will notify you of the verification transactions and of your obligation to confirm the transaction amount in order to activate the relevant account to be used for the Services. This account will need to be in your name or name of your designated business.
9: Paymate Fees
If you are a Seller, you will be charged the fees specified in section 2.6 of this PDS.
Go to here for details of fees and charges.
We may vary these fees, or charge additional fees, at anytime by giving notice to you. We will give notice of the imposition of a new fee, or any increase in an existing fee, 30 days before it takes effect.
All fees and costs will state whether GST is included.
10: Sending funds using Paymate
You are liable for any fees or charges imposed by your bank, credit or debit card or other financial services provider for debits and credits made to your account by Paymate.
A Sender initiates a Paymate transaction by providing the required information at the Paymate Website. This required information includes, but is not limited to:
- whether the funds for the Payment will be withdrawn from the Nominated Card;
- the amount of the Payment; and,
- the valid email address of the Recipient.
The Recipient to whom the Sender wishes to transfer money must have a valid and active email address.
To claim a Payment, the Recipient must hold a Bank Account and be registered.
The Sender is responsible for ensuring that the Payment has been addressed to the correct Recipient. The Sender should carefully check the email address of the Recipient as an error could lead to the money being credited to the wrong person. Paymate has no liability whatsoever for Payments directed to the wrong person.
Paymate will ony process a Payment transaction when it has received an authorisation by Electronic Instruction from the Sender directing Paymate to transfer funds.
You must have adequate funds available on your Nominated Card in order for the transaction to be processed. If you do not, then Paymate may recover from you any exception processing fees it incurs from any Bank or other financial institution. Paymate may deduct these amounts from any of your accounts, the details of which you have provided to Paymate, without any notice to you.
There are minimum and maximum Payment amounts a Sender can make in a single Payment transaction via Paymate (see section 2.8).
Paymate will hold the funds in the Paymate Clearing Account until the Clearance Period has passed, and will then notify the Recipient by email that funds are available for its collection. This period may be adjusted based on risk assessment.
If you are a registered user of the Services, Paymate will keep a record of the Payment transaction associated with your user code for the period specified. However, you are responsible for your own record keeping for financial planning, taxation or other purposes.
The proceeds payable to you shall be equal to the amounts received by us in connection with your transactions minus the sum of the following: (i) all fees, imposed by us or any third parties passed through to you, charges, (ii) all adjustments and Chargebacks; (iii) all equipment charges (if any); (iv) all Buyer refunds, returns and adjustments; (v) all Reserve Account amounts; and (iv) any fees, charges, fines, assessments, penalties, or other liabilities that may be imposed on us or you from time to time by the Payment Brands and all related costs and expenses incurred by us. You agree that amounts set forth above, and any other amounts are due and payable by you at the time the related services are rendered to you; that all Reserve Account amounts are due and payable by you upon establishment; and that the related Chargebacks, Buyer refunds, and adjustments, fees, charges, fines, assessments, penalties, and all other liabilities are due and payable by you when we receive notice thereof from the Payment Brands.
If: (i) there is a material, adverse change in your financial condition or your payment record with creditors; (ii) you are in material default of this Agreement; (iii) your Merchants change their billing practice in relation to shipment of merchandise or fulfilment of service or change refund procedures currently in place, and you fail to notify us in advance; (iv) you are receiving excessive Chargebacks (as defined in paragraph 13 below); (v) you significantly alter the nature of your business or product lines; or (vi) we have reasonable grounds to believe that we may be or become liable to third parties for the provisional credit extended to you or that you may be liable to your Buyers, Payment Instrument issuing banks or the Payment Brands, or (vii) we have reasonable grounds to believe that we may be subject to any additional liabilities, including, without limitation, any fines, fees, or penalties assessed against us by any of the Payment Brands, arising out of or relating to your Payment transactions, your Chargebacks, or your failure to comply with this Agreement, any of the Payment Brand Rules, Privacy or Security Guidelines, we may temporarily suspend or delay payments to you during our investigation of the issue and/or designate an amount of funds that we must maintain in order to protect us against the risk of, among other things, existing, potential, or anticipated Chargebacks and to satisfy your other obligations under this Agreement (such funds being hereinafter referred to as the “Reserve Account”), which may be funded in the same manner as provided for negative Account Balances. The Reserve Account will contain sufficient funds to cover any unbilled processing costs plus our estimated exposure based on reasonable criteria for Chargebacks, returns, unshipped merchandise and/or unfulfilled services, and all additional liabilities anticipated under this Agreement. We may (but are not required to) apply funds in the Reserve Account toward, and set off any funds that would otherwise be payable to you against, the satisfaction of any amounts which are or become due from you pursuant to this Agreement. The Reserve Account will be held and controlled by us, it will not bear interest, and you will have no legal right or interest in the funds in the Reserve Account; provided, however, that upon satisfaction of all of your obligations under this Agreement, we will pay to you any funds then remaining in the Reserve Account. Any funds in the Reserve Account may be commingled with other funds, and need not be maintained in a separate account. Effective upon our establishment of a Reserve Account, you irrevocably grant to us a security interest in any interest you may now have or later acquire in any and all funds, together with the proceeds thereof, that may at any time be in our possession and would otherwise be payable to you pursuant to the terms of this Agreement. You agree to execute and deliver to us such instruments and documents (including, without limitation, security agreements and releases) that we may reasonably request (i) to perfect and confirm the security interest and right of setoff set forth in this Agreement; and (ii) in connection with any return of Reserve Account funds.
11: Cancelling Payment
You may (as a Sender) cancel certain Payments that have not yet been processed by Paymate by following the instructions on the Help page. Paymate may charge you a fee for cancelling the Payment. If the Payment cannot be cancelled in this way, you cannot otherwise reclaim the Payment through Paymate, irrespective of any dispute which may arise between you (as Sender) and the Recipient.
12: Refused or unclaimed Payments
Paymate does not represent or guarantee that a Recipient will receive or accept a Payment.
If the Recipient refuses to register with Paymate, cancels their Account or does not comply with any of Paymate's requirements to receive a payment, then Paymate will cancel the transaction and return the funds to the Sender’s Nominated Card account. Paymate may charge you a fee for cancelling the Payment.
13: Receiving funds using Paymate
A Recipient must:
- be or become a registered user of the Paymate Service and/or Paymate OnTheGo Service; and
- provide Paymate with details of the Nominated Deposit Account; in order to receive a Payment.
By accepting the Payment, you (as Recipient) accept liability for any loss in relation to that Payment, including without limitation liability for incorrect, negligent or unlawful Payments.
Paymate has the absolute right and discretion to deduct from your Nominated Deposit Account, or any other account the details of which you have provided to Paymate, without notice to you, any Payment previously credited to you plus the cost of any bank fees or charges (including interest charges) or collection costs or other losses suffered by Paymate, for any Payment:
- which is subsequently reversed or credited back to the Sender by the Sender’s bank or other financial service provider; or
- for which the Recipient was engaged in fraudulent conduct.
(Collectively known as a Chargeback). This right of Paymate to deduct or perform a Chargeback survives termination or expiry of your agreement with Paymate to provide the Services.
eBay: If you offer Paymate as a payment method in your eBay listings, you:
- Must accept Paymate payments if the eBay listing includes Paymate as a payment method.
- Must accept all Payment Methods from a Buyer.
- Must accept international Paymate transactions if the eBay listing offers shipping outside Australia.
- Must not impose a surcharge or any other fee for accepting Paymate as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-Paymate transactions.
13.1: Actions by Paymate:
If we have reason to believe that you have engaged in any restricted activities, we may take various actions to protect Paymate, Paymate OnTheGo, eBay, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information);
- contact Buyers who have purchased goods or services from you, contact your bank, credit or debit card issuer, and/or warn other users, law enforcement, or impacted third parties of your actions;
- update inaccurate information you provided us;
- refuse to provide the Services to you in the future;
- hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and/or
take legal action against you.
Paymate, in its sole discretion, reserves the right to terminate this Agreement, access to the Paymate Website, or access to the Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
eBay Item Hold. In our sole discretion, we may place a hold on a payment you receive for an eBay transaction when we believe there may be a high level of risk associated with the transaction.
Reserves. At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Account or in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks (described in paragraph 13), refunds, or other indications of performance problems related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. We may raise, reduce or remove the Reserve at any time, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favour, or otherwise as we may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your Bank Account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorise us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.
13.2: Dispute Resolution:
If you (as a Seller/Recipient) are unable to resolve a dispute with a Buyer, the Buyer will be entitled to follow the Buyer Dispute Procedure set out in this paragraph and you (as a Seller/Recipient) agree to be bound by the Dispute Resolution Process specified in this paragraph.
Buyer Dispute Procedure: If the Buyer (in this paragraph “you”) is unable to resolve the problem directly with the Seller, they will go to the Resolution Centre and follow this process:
- Open a Dispute. Open a Dispute within 45 days of the date you made the payment for the item you would like to dispute.
- Escalate the Dispute to a Claim. If you and the Seller are unable to come to an agreement, escalate the Dispute to a Claim within 20 days after opening the dispute.
- You must wait at least 7 days from the date of payment to escalate a Dispute for an Item Not Received (INR), unless the Dispute is for $2,500 or more. If you do not escalate the Dispute to a Claim within 20 days, we will close the Dispute.
- Respond to our requests for information in a timely manner. During the Claim process, we may require you to provide documentation to support your position. You may be asked to provide receipts, third party evaluations, police reports, or anything else that eBay or Paymate specifies.
- Comply with our shipping requests in a timely manner. For Significantly Not as Described (SNAD) Claims, eBay or Paymate may require you to ship the item back to the Seller or to Paymate or to a third party at your expense, and to provide proof of delivery.
- For transactions that total less than $250, proof of delivery is confirmation that can be viewed online and includes: the delivery address, delivery date, and the URL to the shipping company’s web site if you’ve selected “Other” in the shipping drop down menu. For transactions that total $250 or more, you must get signature confirmation of delivery.
Claim Resolution Process. Once a Dispute has been escalated to a Claim, Paymate will make a final decision in favour of the Buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that we specify. We retain full discretion to make a final decision in favour of the Buyer or the Seller based on any criteria we deem appropriate. In the event that Paymate makes a final decision in favour of the Buyer or Seller, each party must comply with Paymate’s decision. Paymate will generally require the Buyer to ship an item that the Buyer claims is Significantly Not as Described back to the Seller (at the Buyer’s expense), and Paymate will generally require a Seller to accept the item back and refund the Buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her Paymate or eBay fees associated with the transaction. If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the Buyer and you will not receive the item back (it will be destroyed).
14: Withdrawing from Paymate:
If you have registered with Paymate, you may, by advising Paymate Client Services on 1800 240 112 to deregister and withdraw your Direct Debit and Credit Card Authority for Paymate to withdraw funds from or deposit funds into your Nominated Card, Designated Debit and Designated Credit accounts. You must provide Paymate with 2 Business Days notice before this can take effect.
Your request for deregistration and termination of your Direct Debit and Credit Card Authority will only be effective when all pending Payments have been processed or cancelled. Upon deregistration and when all pending Payments have been processed or cancelled, this Agreement will be terminated.
Deregistration and terminations do not affect Paymate’s right to access your Nominated Card and for the purposes of a Chargeback.
15: Paymate Clearing Account:
When a Sender initiates a Payment the funds will be transferred from the Sender’s Nominated Card to the Paymate Clearing Account.
Paymate will hold funds in the Account on trust for the Recipient until after the Clearance Period and the funds have actually cleared, and are either transferred by the Recipient or returned to the Sender.
The Paymate Clearing Account may be any Bank Account which Paymate at its sole and absolute discretion chooses. The institution with whom the Paymate Clearing Account is maintained is under no obligation to enquire as to the purpose of each payment made to or from the account and is expressly authorised to permit withdrawals in favour of, and transfers to any account held by Flexi Online Pty Ltd and Flexi Online NZ Ltd whether directly or through any trading name) or to any other person or entity.
You agree to waive any claim that you may have against that institution be it in contract, under statute, in tort (including negligence), in equity (including as constructive trustee) or otherwise for any loss, cost, claim, expense, liability, injury or damage that you may suffer as a result of using the Services.
Paymate will not pay interest on money held in the Paymate Clearing Account.
Funds held in the Paymate Clearing Account are not deposits with Paymate and are not guaranteed or insured.
16: Instructions to Paymate are binding:
Where you issue instructions to us using the Paymate Website:
- we may act on and process all completed Electronic Instructions transmitted or issued through the Paymate Website without further consent from you;
- we may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of those Electronic Instructions.
Your instruction will only be regarded as accepted by Paymate when:
- the Electronic Instruction containing the instruction from you enters and is recorded in the main Paymate database;
- a record is created and stored in the Paymate database;
- a Paymate Transaction ID is generated by the Paymate application system.
You acknowledge that the transmission of your instruction through an Electronic Instruction may not be received by Paymate for reasons beyond parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, Paymate is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the Paymate Website or any failure to receive an Electronic Instruction for whatever reason.
17: Shopping Services:
The Paymate Website may allow you to utilise a shopping service, as a Buyer or a Seller or both.
You as a Buyer can search for and order products and services from Sellers who list them for sale. Our function in relation to these services is limited to taking your order details and passing them onto the Seller nominated on the Paymate Website. By placing an order, you are appointing us as your agent for the sole purpose of performing these functions.
The Seller is responsible for processing all orders on receipt and organising delivery according to the Buyer’s instructions. We have no role in the processing or fulfillment of your order once delivered to the Seller.
Paymate does not sponsor, endorse, or approve of any Seller, their products or their services. Subject to any applicable law which cannot be excluded, Paymate makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of products or services provided by the Seller.
The Paymate Website may allow you as a Seller to advertise promote and list, via images and text descriptions, products and services for sale at nominated prices. Paymate’s function in relation to these services is limited to displaying your products and services on the Paymate Website and passing on to You any orders placed by Buyers. By listing a product or service, you are appointing Paymate as your agent for the sole purpose of performing these functions. Paymate accepts no liability for loss arising from failure to comply with any law, rule or regulation required by any country for the lawful transmission and sale of goods.
The Buyer is responsible for authorising a payment for orders placed according to the price nominated by the Seller. Paymate does not guarantee payment and any payment authorised by the Buyer via the Paymate Services will be processed accordingly.
18: Your other obligations:
You represent and warrant that all information you provide to us will be complete, correct and accurate in every particular. If you provide incorrect or inaccurate information, your ability to use the Services and the Paymate Website may be suspended. You agree and warrant that You will only use the Services and the Paymate Website for bona fide and lawful purposes.
You agree and warrant that you will not use the Services or the Paymate Website in connection with any products or services that we reasonably consider are illegal or brand damaging including (but not limited to) gaming, adult content, the illegal sale of prescription drugs or tobacco products, improper use of intellectual property rights or the sale of counterfeit merchandise or included in this list of unacceptable business categories.
If you are a registered user of the Services, Paymate identifies you via your user code and password. You agree to not disclose your user code and password to any other person, and you also agree not to use any other person’s user code and password. You must take all reasonable steps to keep your user code and password confidential and secure. If, in breach of this clause, you do provide another person with your user code and password, or do not take reasonable steps to keep your user code and password confidential and secure, then you will be taken to have authorised any use of your account by that person.
If your user code and/or password are lost, stolen or security is compromised in any way, or you suspect this to be the case, then you must notify us immediately.
19: No agency:
20: Tools, calculators, games and other features:
Whilst we make every effort to ensure that any Material on the Paymate Website is accurate and free from defect, Paymate does not warrant the accuracy, adequacy, correctness or completeness of such material, which is provided on an ‘as is’ basis. The use by you of any Material on this Website is entirely at your own risk.
21: Links to other Websites:
The Paymate Website may contain links to websites which are owned or operated by third parties independent of Paymate (Linked Websites). Paymate does not sponsor, endorse, or approve of the operators of Linked Websites, or material which is located on Linked Websites, including special offers, deals or promotions, or information, graphics and other material (Third Party Material).
Subject to any applicable law which cannot be excluded, we make no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Linked Websites; or,
- that Third Party Material does not infringe the intellectual property rights of any person. Paymate is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.
22: Warranties and Liabilities:
Whilst every effort has been made to ensure that information is free from error, Paymate does not warrant the accuracy, adequacy or completeness of Material on this Website, the Services or any other products or services offered on the Paymate Website. All information is subject to change without notice. Paymate does not guarantee that the Paymate Website or Linked Websites will be free from viruses, or that access to the Paymate Website, Linked Websites or the Services will be uninterrupted. All terms implied by law, except those which cannot be lawfully excluded, are excluded.
Your Liability: You are responsible for all claims, fees, fines, penalties and other liability incurred by Paymate, a Paymate user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Paymate, a User, or a third party for any and all such liability.
Liability for Paymate Claims: If you are a Seller and Paymate makes a final decision that you lose a Claim filed directly with Paymate, you will be required to reimburse Paymate for your liability. Your liability will include the full purchase price of the item and original shipping cost (and in some cases, you may not receive the item back). Paymate Seller protection may cover your liability.
23: Limitation of Liability:
Subject to any responsibilities implied by law and which cannot be excluded, Paymate, and its directors, employees, agents and contractors, are not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Website, to Third Party Material, to any products or services offered on the Paymate Website, or to access of the Paymate Website by You, howsoever caused, whether in contract, tort including negligence, statute or otherwise. Where the law incorporates obligations into this agreement which cannot be legally excluded, Paymate’s liability for a breach of those obligations is limited, at Paymate’s option, to:
- the repair or resupply of the goods or services supplied by Paymate; or
- the payment of having the goods or services supplied by Paymate repaired or re-supplied.
25: No personal advice:
26: Availability of the Paymate Website:
As electronic services are subject to interruption or breakdown, access to the Paymate Website is offered on an ‘as is’ and ‘as available’ basis only.
You are responsible for ensuring that you have alternate contingency plans in place to enable You to make transactions by other means should the Paymate Website be unavailable.
Paymate may impose limits or restrictions on the use you may make of the Paymate Website. Paymate may withdraw the Paymate Website by providing you with 30 days prior written notice of its decision to do so.
27: Copyright and Trademarks:
All intellectual property rights comprising in or relating to this Website and all of the Material on this Website are owned or licenced by Flexi Online Pty Ltd or licenced to Flexi Online Pty Ltd by third parties and nothing in this document constitutes a transfer of any intellectual property rights to you.
You must not do anything which breaches or otherwise interferes with Paymate’s intellectual property rights. Except where necessary for and incidental to viewing the Material on this Website via your web browser for your own purposes, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Paymate. Without limiting the foregoing, you must not sell, rent or offer any of the Material on this Website to any third party on a commercial basis and you must not modify the Material on this Website (including, without limitation, any copyright notice) in any way, make the content public or use the content in a manner or for a purpose prohibited by this document.
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Paymate, other Users, or third parties, you will not:
- breach this Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with Paymate; (The Acceptable Use Policy is available online from here).
- violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- infringe Paymate’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
sell counterfeit goods;
- act in a manner that is defamatory, trade libelous, threatening or harassing;
- provide false, inaccurate or misleading information;
- send or receive what we reasonably believe to be potentially fraudulent funds;
- refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Paymate and the Seller, bank or credit card issuer for the same transaction;
- use an anonymising proxy;
- control an Account that is linked to another Account that has engaged in any of these above activities;
- conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Paymate, other Users, third parties or you;
- have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Paymate Services;
- use your Account or the Paymate Services in a manner that Paymate, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
- allow your Account Balance to become negative;
- provide yourself a cash advance from your credit card (or help others to do so);
- access the Services from a country that is not included on Paymate’s permitted countries list;
- disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
- send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
- use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Services;
- take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
- Use the Services to test credit card behaviours.
31: Linking to Paymate:
Please contact Paymate if you would like to link to any part of the Paymate Website. You may not frame any part of the Paymate Website without Paymate’s express written consent.