These Terms and Conditions apply to this online portal (“Portal”), which is operated on behalf of Pepper Group Limited ACN 094 317 665 and its related bodies corporate (“we” / “us” / “our”).
References to "you" / “your” means the person(s) liable on the account or third party you authorise to use the Portal with your Username and Password. If there is more than one of you, "you" means each of you separately and all of you jointly.
This Portal enables you to carry out a range of transactions and view information in relation to your Account, and to obtain information about our products and services via the internet. To use the Portal you need a Username and a Password.
Please read these Terms and Conditions carefully. These Terms and Conditions set out your and our rights and obligations and give suggestions on the proper and safe use of the Portal (including your Username and Password). If you do not understand any part of these Terms and Conditions, you should contact us on 13 73 77 and we will be happy to explain any matter to you.
There are words and expressions in these Terms and Conditions that have a special meaning
"Username" means a username given to you so you can the Portal
"Account" means each account to which we give you access by using the Portal
"Biller" means an organisation who tells you that you can make bill payments to them through BPAY.
"BPAY" means the electronic payment scheme called BPAY operated in cooperation between Australian financial institutions, which enables you to effect bill payments to Billers who participate in BPAY via the Portal or any other method as approved from us from time to time.
"BPAY Payment" means a payment transacted using BPAY.
"BPAY Pty Limited" means BPAY Pty Limited ACN 079 137 518.
"Business Day" means a day on which banks and financial institutions generally are open for business in Sydney.
"Password" means a confidential eight-character code given to you or nominated by you from time to time.
In these Terms and Conditions:
(a) the singular includes the plural and vice versa;
(b) references to a document or agreement include all variations, novations or replacements;
(c) references to any person (including you or us) include the person and the successors in title, transferees or executors of the person;
(d) a reference to a person includes a natural person and a corporation;
(e) a reference to time is to local time in Sydney;
(f) where any word or expression has a special meaning, any other part of speech or other grammatical form of that word or expression has a corresponding meaning; and
(g) headings are for convenience only and do not affect interpretation.
Where applicable, in respect of BPAY Payments, you also agree to our disclosing to Billers nominated by you and if necessary the entity operating the BPAY Scheme (BPAY Pty Limited) or any other participant in the BPAY Scheme and any agent appointed by any of them from time to time, that provides the electronic systems needed to implement the BPAY Scheme:
(a) such of your personal information (for example your name and the fact that you are our customer) as is necessary to facilitate your registration for or use of BPAY; and
(b) such of your transactional information as is necessary to process your BPAY Payments. Your BPAY Payments information will be disclosed by BPAY Pty Limited, through its agent, to the Biller’s financial institution.
You must notify us, if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in the BPAY Scheme referred to above, as necessary.
You can request access to your information held by us or BPAY Pty Limited.
If your personal information detailed above is not disclosed to BPAY Pty Limited or its agent, it will not be possible to process your requested BPAY Payment.
3) Use of the Portal
You can use the Portal to carry out a range of transactions, view information in relation to your Account, change your personal details with us, contact our customer service team, and to obtain information about our products and services in relation to your Account.
The range of services we make available through the Portal will be determined by us in our absolute discretion from time to time. We may extend or reduce this range of services at any time without notice to you.
If you authorise anyone to use the Portal, you will be liable for any use of the Portal by that person or any failure by that person to observe these Terms and Conditions. You should ensure that any person you authorise to use the Portal has read and understood these Terms and Conditions.
4. Security of Passwords and Usernames
You should maintain significant security in relation to the Portal. It is important that you do everything necessary to keep your Password and Username secure and to avoid their misuse. Memorise your Username, and destroy any correspondence notifying you of your Username. In particular you must:
(a) ensure your Password and Username are not disclosed to any unauthorised person (including friends and family);
(b) not select as your Password or Username any number which represents your birth date and any alphabetical code which is recognisable as part of your name;
(c) use care to prevent anyone else seeing your Password and Username being entered when using the Portal;
(d) not record your Password and Username on a device (such as a smartphone or laptop) that could be used to perform a transaction, or anything carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the Password and Username;
(e) always log off from internet access and close your browser once you have finished an internet access session. If you are using a public computer of mobile device, you must clear the computer or device cache or history after using internet access;
(f) keep your Password and Username details separate and apart from each other; and
(g) keep any record of your Username and Password secure.
If you do not take all reasonable precautions to ensure that your Password and Username are not misused, you may be responsible for all activities on the Portal whether or not they are authorised by you.
If you suspect that your Password or Username has been misused, lost, or stolen you should contact us as soon as possible on 13 73 77.
We can cancel or suspend your Username or Password at any time and without notice if we reasonably believe its use may result in loss to you or to us.
5. when you are not liable
You are not liable for loss of funds if:
(a) unauthorised use took place before you received your Password or Username;
(b) it is clear that you have not contributed to the loss, or for transactions that you could not have known about;
(c) the loss is caused by the same transaction being incorrectly debited more than once to the same account;
(d) where applicable, the loss relates to a device, card or access code which is forged, faulty, expired or cancelled;
(e) the loss is caused by the fraudulent or negligent conduct of our employees or agents, a third party supplier company involved in our networking arrangements or by merchants, or their employees or agents; or
(f) the loss occurred after you informed us that your Password or Username has been lost, stolen, or used by someone without your authorisation.
6. Your instructions to us
When you use the Portal, your instructions will be carried out if they are permitted by the Terms and Conditions relating to your Account and comply with these Terms and Conditions. You authorise us to act on those instructions.
You also authorise us to act upon all instructions in relation to the Portal given using your Password and Username. We may not be able to stop the transaction authorised by those instructions once we have received them.
We may, in our absolute discretion and without notice to you, refuse to give effect to any instructions received from you. You are responsible for ensuring that the instructions you give or anyone you authorise gives us is correct. We may postpone processing a transaction if we need further information from you or a third party.
You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
(a) did not observe any of your obligations under these Terms and Conditions; or
(b) acted negligently or fraudulently in connection with these Terms and Conditions.
8. Availability and accuracy of information and the Portal
We will do everything possible to ensure that the Portal is always available to you. However, we do not warrant that the Portal will operate at any time, and the Portal may be temporarily unavailable (for example, when we are conducting maintenance on the Portal). You should promptly advise us of any faults or unavailability.
We may from time to time and without notice to you:
- place limits on the nature of transactions that can be made and the information that can be obtained using the Portal; or
- change the software, system or equipment required to access the Portal. It is your responsibility to supply and maintain any software or equipment (such as a personal computer, internet browser, modem or touch tone telephone) that may be necessary for you to access the Portal.
Subject to any rights that cannot be excluded by law, we are not liable for or in connection with any loss or damage suffered by you or any other person arising directly or indirectly from or in connection with your use of the Portal. This includes but is not limited to loss or damage which may arise as a result of:
(a) the loss, modification, damage or destruction of hardware or software caused by computer viruses or program bugs or similar causes;
(b) errors, inaccuracies, omissions;
(c) delays resulting from failure the Portal network or ancillary equipment; or
(d) failure of the Portal to perform a function in whole or in part.
To the extent to which we are liable, and to the extent to which the law allows, our liability is restricted to re-supplying the services or the cost of re-supplying the services.
We may change, suspend, cancel or deny access to the Portal at any time without prior notice to you.
9. Processing times and information on your Account
We are under no obligation to process any transactions that you make on the day you require us to make them. However, we will endeavour to process transactions:
- made before 4.00 pm AEST on any Business Day on that day;
- made after 4.00 pm AEST on a Business Day or made on any day other than a Business Day on the next Business Day; or
- on any available future processing date selected by you.
If you have established a recurring transaction and wish to stop the next transaction due, you must tell us, or make the appropriate amendments through the Portal, before 4.00 pm AEST on a Business Day to stop the transaction on that Business Day.
10. Changing your Password
You must use the access code we give you to first log in to the Portal and create your Password. You can change your Password at any time subject to correctly quoting the current Password or access code (on your first log in to the Portal).
11. Changes to these Terms and Conditions
We can change these Terms and Conditions from time to time. If we do, we will advise you of the change in writing no later than the day the variation takes effect.
12. Resolving disputes
You must tell us promptly if you have a complaint concerning matters covered by these Terms and Conditions including any:
- apparent error in a transaction; or
- apparent error in information received through the Portal.
When we complete our investigation, we will contact you and advise you of the outcome of our investigation and the reasons for that outcome. If we are unable to complete our investigation within a reasonable time we will advise you that we require further time to complete our investigation.
If you are not satisfied with our decision, you may request that the decision be reviewed by our dispute resolution team. If you then wish to take the matter further, you may, for instance, contact the Credit and Investment Ombudsman Ltd on 1800 138 422 or 02 9273 8400, by fax at 9273 8440, by email at email@example.com or in writing to PO Box A252 SYDNEY SOUTH NSW 1235.
Subject to any rights or warranties which cannot be excluded by reason of any law, including the Competition and Consumer Act 2010 (Cth) or similar state or territory legislation, Pepper Group Limited ACN 094 317 665 makes no representation or warranty with respect to use of the Portal and accepts no liability for any loss or damage whether direct, indirect or consequential arising out of access, use (or inability to use or access in whole or in part) or reliance upon, any information or services contained on or accessed through the Portal (including information contained in sites linked to the Portal). To the extent permitted by law, where law prohibits any part of this disclaimer, Pepper Group Limited's liability is limited to re-supply of any information or services or the cost of re-supply of information or services. Use of any product and services accessible through the Portal is subject to the terms and conditions governing use of those products and services.
All the content which is on or is available from the Portal, including without limitation all information, text, software and graphic, photographic, audio, audio-visual and other material ("Information") is owned or licensed by Pepper Group Limited or related companies. The information may be viewed on-line and except where otherwise indicated on this site, the information may be downloaded and reproduced in hard copy for personal use only. Copying, reproduction, transmission, public performance, posting, up-loading, republication, re-distribution, or any other acts within the exclusive rights of the copyright owner are otherwise prohibited unless with the express consent of Pepper Group Limited or the copyright owner. The information may not be modified or adapted in any way and the copyright notices, trademarks and all other proprietary notices must remain intact at all times.