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Terms & conditions

Terms & conditions

Please read these Terms carefully as they affect your legal rights and the basis on which we allow you to use this Website, the information contained within the Website and any applications and/or tools available on the Website (other than access to the Platform) (“Use”). You are permitted such Use on the condition that you abide by these Terms. Your continued use of the Website signifies your agreement with these Terms in their entirety and without modification.

These Terms incorporate our:
Privacy Policy; and
Cookies Policy.

This website is operated by Payreq Services Pty Limited (“we”, “us”, “our”). We are registered in New South Wales, Australia under Australian Company Number 646 009 716 and have Our registered office at Suite 6, 158-160 Victoria Road, Gladesville, New South Wales 2111, Australia. Our main trading address is “Stone & Chalk”, Level 4, 11 York Street, Sydney, New South Wales 2000, Australia. We have affiliated companies in Australia, Canada, England and Wales, and New Zealand.

To contact us, please email support@payreq.com.

 

Definitions

Capitalised expressions used in these Terms have the meaning given below:

“Cookies Policy” means the privacy policy of Payreq, as it may be amended from time to time, the terms of which are located at this link: https://payreq.com/cookies-policy.

“Intellectual Property Rights” refers to all patents, copyright, database rights, design rights, moral rights, registered designs, trade-marks or service marks, trade names, or know-how (whether registered or not and including any applications or rights to apply for registration) and all rights or forms of protection of a similar nature whether subsisting now or at any time in the future anywhere in the world.

“our” means Payreq Services Pty Limited (ACN 646 009 716).

“Platform” means the online digital document delivery and invoicing software platform owned by Payreq Pty Limited (ACN 154 692 378) and delivered via the website: https://go.payreq.com.

“Privacy Policy” means the privacy policy of Payreq, as it may be amended from time to time, the terms of which are located at this link: https://www.payreq.com/privacy-policy.

“Terms” refers to these terms and conditions as amended from time to time.

“us” means Payreq Services Pty Limited (ACN 646 009 716).

“Use” has the meaning given in the first paragraph of these Terms,

“we” means Payreq Services Pty Limited (ACN 646 009 716).

“Website” refers to www.payreq.com

 

Intellectual Property Rights

As between you and us, all Intellectual Property Rights and goodwill in or relating to the contents of the Website belong to us.  All Intellectual Property Rights are protected by law and you may not copy, republish or otherwise use the content of the Website save as provided in these Terms.

 

The Website

We may update or otherwise change the contents of the Website at any time and without notice to you. It is your responsibility to ensure you are aware of any changes we may make from time to time.

The Website may contain hyperlinks to sites operated by companies or organisations other than us. You access these hyperlinks at your own discretion and risk.

 

Use of the Website

You may not use the Website other than as expressly authorised within these Terms or within the Website itself. You are responsible for your use of the Website including where you allow others to use your password or to access your computer.

You may not:

  1. copy or reproduce part or all of the contents of the Website in any form including, without limitation, its incorporation into or store in any other website, electronic retrieval system, publication or other work (whether hard copy, electronic or other) without our express written permission;
  2. frame or link to the Website or any part of it without our express written permission;
  3. use the Website for any illegal or unlawful purpose; or
  4. alter or delete any copyright or proprietary notice that the Website may contain.

 

Limitation of liability and disclaimers

We use commercially reasonable efforts to ensure that the information on the Website is accurate and helpful at all times. However, we cannot guarantee the accuracy of that information and cannot be held liable for any use of such information by you or your reliance on it except as specifically agreed with us in writing.

Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. Such links do not represent an endorsement or recommendation by us and do not mean that we have any association with the linked website. We are not therefore responsible for the content of any websites that have links with the Website or for the consequences of your entering into any contract(s) with their owners and do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result.

We will not be liable for any loss, damage, expense, costs, delays or other liability which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium). We do not guarantee that the Website will be a continuous service or error free or that any defect will be correctable.

In no circumstances (even where we are found to have been negligent and you have warned us of the likelihood of such damages occurring) will we be liable for indirect or special damages of any kind including but not limited to financial losses such as loss of profit or business opportunity or loss of information of any kind including loss of data.

The content of the Website does not constitute advice and should not be relied upon in making, or refraining from making, any decision.

We use commercially reasonable efforts to check for the most commonly known viruses, but we do not confirm that the Website are virus free and cannot accept any liability in this regard. We, therefore, recommend you carry out your own virus checks.

Nothing within these Terms operates so as to restrict our liability for death or personal injury arising from our negligence or that of our employees or sub-contractors or, if you are a consumer, affects your statutory rights.
If you use the Website in breach of these Terms you must reimburse us for any loss and/or damage caused to us by your misuse.

 

Acceptable Use Provisions

These Acceptable Use Provisions set in this section of the Terms, set out the content standards that apply when you upload content to our site, input data to, make contact with other users on our site, link to the Website, or interact with the Website in any other way,

By using the Website, you confirm that you accept and will abide by these Acceptable Use Provisions.

Prohibited uses

You may use the Website only for lawful purposes. You may not use the Website::

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website;
  • not to access without authority, interfere with, damage or disrupt:
  • any part of the Website;
    • any equipment or network on which the Website is stored;
    • any software used in the provision of the Website; or
    • any equipment or network or software owned or used by any third party.

Breach of the Acceptable Use Provisions
Failure to comply with these Acceptable Use Provisions constitutes a material breach of these Terms, and may result in our taking any action that we deem appropriate, including all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Website;
  • immediate, temporary or permanent removal of any contribution and/or data uploaded by you to the Website;
  • issue of a warning to you;
  • legal proceedings against you for, amongst other things, reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

General Notices

We reserve the right to change these Terms at any time. Any such change will be effective once reflected in the text of these Terms and published on the Website. You should check these Terms periodically to ensure that you are aware of and complying with the current version.

These Terms, and our agreement with you under them, are governed by the laws of New South Wales, Australia. You and we agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia for the determination of any dispute between us.

The headings in these Terms shall not affect their interpretation.

If any provision of these Terms is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms however we may transfer our rights and obligations under these Terms to any third party, provided this does not adversely affect your rights under these Terms.

 

Data Protection

We take the protection of any personal information you supply to us seriously. We will only use the information you provide about yourself in accordance with our Privacy Policy. You must comply with your own responsibilities under relevant data protection laws.

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