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PayNow App | End User License Agreement (EULA) End User License Agreement (EULA) – PayNow App

End User License Agreement (EULA)

Last updated 15 June 2020

Please read carefully the terms and conditions of this end user license agreement (EULA) before downloading, installing or using the software application known as PayNow (App) provided by PayNow Pty Ltd (PayNow). This is a legal agreement between PayNow and you.

PayNow integrates the services provided by Stripe Payments Australia Pty Ltd (Stripe) into an App to facilitate you accepting your customer’s payments (Platform Services). PayNow and Stripe are independent entities, and nothing in this EULA does or attempts to represent any partnership, agency, or employment relationship between PayNow and Stripe.

To provide you the Platform Services, you agree that in inputting into the App the relevant transaction amount agreed between you and your customer and generating a link, you are creating a unique Stripe Checkout Session which represents the details of your customer’s intent to purchase. After redirecting your customer to a Checkout Session, Stripe presents a payment form where your customer can complete their purchase. You agree that it will be at the complete discretion of PayNow to refund you any commission or fee that it takes in providing the Platform Services, including in the event where your customer’s payment is dishonoured, refused, rejected or fails for any reason whatsoever.

In order for PayNow to provide you with the Platform Services, you agree to create a standard, or utilise your existing, Connected Account with Stripe, consistent with Standard Onboarding as that term is used in the Connect Platform Agreement.  You must agree to the Stripe Connected Account Agreement prior to using your Connected Account with Stripe and the App with PayNow.  In creating a Connected Account, it is your responsibility to provide sufficient data to enable Stripe to validate your account. PayNow will not prepopulate any data on your behalf.  PayNow will only engage in Activity on your Connected Account to the extent that it is doing so as an agent on behalf of the Connected Account (as a merchant payee) for the limited purpose of processing or acceptance of payments using the Stripe Service.

You have read and agree that the terms of this EULA and the documents listed below, which are incorporated herein by reference (Terms), govern your access to and use of the App: Pay Now’s Privacy Policy; Stripe’s Merchant Services Agreement (https://stripe.com/au/legal#section_a); Stripe’s Connect Account Agreement (https://stripe.com/au/connect-account/legal) Stripe’s Connect Platform Agreement https://stripe.com/au/connect/legal; Stripe’s Privacy Policy (https://stripe.com/au/privacy) and any other document that may be referred to within all those documents listed above.

By downloading, installing or using the App you acknowledge and agree, in addition to the above, that:

  1. your use of the App in conjunction with the Stripe Service is solely at your own risk;
  2. the App is licensed, not sold to you and you may use the App only as set forth in this EULA;
  3. you consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the PayNow Privacy Policy;
  4. you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees; and
  5. as set forth in this EULA, the App is provided “as is”.

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

MODIFICATION OF THE EULA. PayNow reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If PayNow materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Service for the first time after such material changes are made. By continuing to use the App after PayNow has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App. This Agreement will also govern any software upgrades and/or updates provided by PayNow that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LIMITED LICENSE. Conditioned upon your compliance with the terms and conditions of this EULA, PayNow hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. PayNow reserves all rights in the App not expressly granted to you in this EULA.

PHONE SETTINGS AND UNINSTALL PROCEDURES. As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the allowing software updates of the App once a new version is released and showing notifications from the App. To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system and/or the procedures outlined in PayNow’s Knowledgebase.

USE RESTRICTIONS. You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App). Except as expressly specified in this EULA, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.

You agree and permit PayNow to take all reasonable steps to ensure that you do not use Stripe Service in violation of the Stripe Services Agreement or for any activity that is expressly prohibited, including those activities listed at Prohibited Businesses List (https://stripe.com/prohibited_businesses).

You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of PayNow and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other PayNow products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

RESERVATION OF RIGHTS. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “PayNow Materials”), are protected by copyright laws of various jurisdictions, and all other relevant intellectual property and proprietary rights, and applicable laws. All PayNow Materials, including intellectual property rights therein and thereto, are the property of PayNow or its subsidiaries or affiliated companies and/or third-party licensors. PayNow reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the PayNow Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.

TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App.

PayNow may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYNOW DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. PAYNOW EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.

LIABILITY WAIVER. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PAYNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF PAYNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PAYNOW’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5).

INDEMNIFICATION. To the maximum extent permitted by law, you agree to defend, indemnify and hold PayNow and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable legal fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.

MISCELLANEOUS. (a) This EULA and all the policies referenced herein constitute the entire agreement between PayNow and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of PayNow. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Western Australia and where applicable Australia regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods; (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (f) You may not assign your rights under this EULA to any party without PayNow’s consent.

 

Privacy Policy

Last updated 15 Jun 2020

This Privacy Policy is subject to the End User Licence Agreement (EULA) applicable to PayNow’s PayNow mobile application (App).  Unless otherwise stated, this Privacy Policy adopts the definition of terms in the EULA.

INFORMATION WE COLLECT. PayNow collects information from you when you visit the website applicable to the App or any of PayNow’s websites; make an enquiry with PayNow; download the App; lodge comments, enquiries or reviews on the App via Apple’s App Store; and use the App. The personal information that you provide directly to us through the above means will be apparent from the context in which you provide the information. The information PayNow collects constitutes personal information, including your first name and surname; email address in form including first name and surname; Internet Protocol address; cookie identification, physical address and phone number. PayNow also collects, in aggregate form, information such as gender, device type, and user interests for the purposes of analytics.

USE OF INFORMATION. We rely upon a number of legal grounds to ensure that our use of your personal information is compliant with applicable law. We use personal information to facilitate the business relationships we have with our users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use personal information to facilitate payment transactions with Stripe and to provide payment-related services to our users. The use of your information in this way means that your information may at times be transferred to a recipient outside of the European Union.

Any of the information PayNow collects from you may be used in one of the following ways: to personalise your experience (your information helps us to better respond to your individual needs); to improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); to process transactions with Stripe (your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested); to administer a survey or other site feature; to send periodic emails (the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, however if at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email); and GoogleAnalytics features.

PROTECTION OF INFORMATION. PayNow implements a variety of security measures to maintain the safety of your personal information when you use the App for the Platform Services. We offer the use of a secure server. No Card Details are ever stored by PayNow. Card Details are entered by the customer on the Stripe Checkout form on Stripe’s servers and are securely processed by Stripe, which is certified to the highest level of PCI-compliance.  Your Data and customers’ Card Details are protected by Stripe’s Privacy Policy, with which PayNow complies.  PayNow holds your personal information for the length of time that you are a user of PayNow. If you cease using PayNow for a period of one year we will take all reasonable efforts to erase all records of your personal information from our possession, to the extent permitted by law.

COOKIES. PayNow uses Cookies.  Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information.  Cookies are used by PayNow to understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

DISCLOSURE OF INFORMATION TO OUTSIDE PARTIES. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include Stripe, or trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

TRUSTED THIRD PARTY AFFILIATIONS.  Occasionally, at our discretion, we may include or offer third party products or services on our App or website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

CONSENT. By using the App or website applicable to PayNow, you consent to our Privacy Policy. Where the processing of your personal information is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your personal information on grounds relating to your particular situation, depending on your jurisdiction.

YOUR RIGHTS. If you would like to review, correct, or update personal information that you have previously disclosed to us, you may do so by contacting us.  If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our services. If you wish to exercise your data protection rights, contact us with a statement of your request. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your personal information. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

CHANGES TO OUR PRIVACY POLICY. If we decide to change our privacy policy, we will update the Privacy Policy modification date above.