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Terms of Use

Effective date: 18 October 2021

  1. Applypay Pty Ltd operates the Applypay System which is accessible through this website (Applypay System). Access to and use of the Applypay System is subject to the following terms, conditions and notices (Terms of Use). By creating an account in the Applypay System, you are agreeing to all of the Terms of Use, as may be updated by Applypay Pty Ltd from time to time.
  2. You acknowledge that your use of the Apply is:
    1. a) on behalf of the entity which you nominate in the course of creating an account in the Applypay System (Entity);
    2. b) have authority to create an account in the Applypay System on behalf of the Entity; and
    3. c) agree to use the Applypay System solely for the purposes of enabling the Entity to interact with Applypay Pty Ltd and use the Applypay System.
  3. You warrant that you are an officer, employee or other representative of the Entity and have been authorised to use the Applypay System on its behalf.
  4. Where the Entity has or intends to enter into an Applypay Supplier Agreement with Applypay, you warrant that the Entity has authorised you to do acts including the following:
    1. a) provide information concerning the Entity, related persons, and/or the Entity’s clients to Applypay;
    2. b) execute an Applypay Supplier Agreement on the Entity’s behalf;
    3. c) generate payment requests on the Entity’s behalf;
    4. d) create draft payment requests and view and edit pending payment requests through the Applypay System on the Entity’s behalf;
    5. e) to view invoices issued by Applypay to the Entity; and
    6. f) provide the Entity’s banking details to Applypay.
  5. Where the Entity has or intends to enter into an Applypay Finance Application Agreement and/or an Applypay Finance Agreement, you warrant that the Entity has authorised you to do acts including the following:
    1. a) provide information concerning the Entity, related persons, and/or the Entity’s suppliers to Applypay;
    2. b) execute an Applypay Finance Application Agreement and Applypay Finance Agreements on the Entity’s behalf;
    3. c) access executed Applypay Finance Agreements entered into by the Entity and related information concerning instalment payments and payment obligations in respect of each such Applypay Finance Agreement;
    4. d) apply on behalf of the Entity to pay obligations in respect of Applypay Finance Agreements entered into by the Entity early;
    5. e) enter into and update direct debit agreements on behalf of the Entity; and
    6. f) provide the Entity’s banking details to Applypay.
  6. Your access to the Applypay System is provided on a temporary basis. Applypay Pty Ltd reserves the right to discontinue your access to the Applypay System at any time without notice. Applypay Pty Ltd will not be liable to you, the Entity or any other person if for any reason the Applypay System is for any reason unavailable at any time or for any period.
  7. By creating an account in the Applypay System, you agree to Applypay Pty Ltd maintaining, using and disclosing personal information in the manner set out in the Applypay Pty Ltd Privacy and Credit Reporting Policy which is made available at www.applypay.co/privacy. You warrant that all information provided by you (including on behalf of the Entity) through your use of the Applypay System is accurate.
  8. Where in using the Applypay System you represent that you are authorised to do any act on the Entity’s behalf, execute any document on the Entity’s behalf or express an intention to bind the Entity, you undertake to Applypay Pty Ltd that you are so authorised by the Entity to do so.
  9. You agree not to misuse the Applypay System. You specifically agree not to use the Applypay System to commit or encourage the commission of a criminal offence.
  10. Applypay Pty Ltd will not be liable for any claims, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business any loss or damage caused by use of the Applypay System and suffered by you personally, any entity which has authorised to use the Applypay System, the Entity, or any other person.
  11. The Applypay System and all related content are Applypay Pty Ltd’s exclusive property and Applypay Pty Ltd owns all intellectual property rights in the Applypay System and the Applypay website, including copyright and moral rights under the Copyright Act 1968 (Cth).
  12. To the maximum extent permitted at law, you and the Entity, agree to indemnify and keep indemnified, Applypay Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third partyclaims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Applypay System or your breach of the Terms of Use.
  13. You agree and acknowledge, personally and on behalf of the Entity, that the Applypay System is provided on an “as is” basis and may not be continuous or fault-free and may not be corrected in a timely manner or ever. The Applypay System may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device.
  14. Applypay Pty Ltd expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement, subject to those warranties and guarantees that cannot be excluded under the Australian Consumer Law.
  15. Applypay Pty Ltd may amend, revise or replace these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Applypay System. Your continued use of the Applypay System following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
  16. These Terms of Use are governed by the laws of the State of New South Wales.