Consumer Terms & Conditions

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Our Frequently Asked Questions (“FAQ”) which provides answers to common customer questions.

Future changes to this Agreement. All future changes set out in the Customer Updates section of our Website at the time you sign-up for our Services are incorporated into this Agreement. The revised Agreement will take effect as soon as it is posted on our website or on the date notified to you.

You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our website, or via the API, a social media platform, or other authorised third party), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.

Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want a paper copy of this Agreement, please contact Customer Support.

Instant Pay API

From time to time updates to the API may be made.
Depending on the update, you may not be able to use our Services until your have accepted any new terms.

Your right to use the API

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, nonexclusive licence to use the API subject to this Agreement. We reserve all other rights

Who are we and how to contact us

Our company information. The Services are provided by Instant Pay Pty Ltd (“Instant Pay”, “we”, “us”, or “our” as applicable) with ACN 642 154 550.

Instant Pay Pty Ltd is authorised by the ASIC. Instant Pay Pty Ltd reports to AUSTRAC.

How to contact us
You can contact us by email, web chat or telephone. Our contact details are provided on the “Contact” page of our Website. www.instantpay.net.au

Who can use our Services

You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by depositing monies and using Instant Pay you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
Your use of the Instant Pay Account must not violate any applicable laws. You commit to us that your opening and/or using of a Instant Pay Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

About your Instant Pay Transaction

(a) Instant Pay allows you to send electronic money/payments instantly to nominated businesses, when a compatible bank account is used.

(b) Monies sent to Instant Pay are your sole responsibility. Once money is received from you, it is allocated to the nominated business account held with us.

(c) The electronic money transferred using Instant Pay Account will not earn any interest.

(d) You must have access and ownership of a valid bank account in Australia to use Instant Pay. Valid bank accounts must also be NPP or Osko compatible.

(e) Fees are applicable for incoming and outgoing transactions within the Instant Pay framework. These are outlined in our fees section.

Getting started

To start using our Services, simply click through on the Instant Pay logo on our partnering business websites, when you are completing a purchase.

You will need to provide your mobile number and select your bank account to continue. We require your mobile number, in the event that your payment is made incorrectly and we need to contact you.

You’ll be provided with payment details. These are BSB, Account and a unique code. Using your internet banking via your preferred app or website, complete the direct deposit transfer to the account details provided. Entering the correct unique code as a reference for your transaction is a critical part to the process. If this is incorrect, fees will apply to your transaction.

We will record your payment instantly. You’ll then be referred back to your completed purchase.

Payment instrument

The method of payment used (your bank account) must be in your name.

Fees on transactions

If you incur an underpayment, overpayment or part payment fee during your transaction, these fees will be taken from any amount you have paid to Instant Pay. By using our service you are agreeing to these fees being taken from your payments.

Fees

Instant Pay Fee schedule is as follows:

  • Successful payment received. $2.50 payable by the receiving business, or by the payer
  • Underpayment received. $2.50 payable by the payer
  • Overpayment. $2.50 payable by the payer.
  • Part/progressive or testing payment. $2.50 payable by the payer

Consumer fee process

If a consumer fee is applied to any transaction, whether as a part payment fee, underpayment fee, overpayment fee, split with friends fee or late fee, this fee is passed from the Instant Pay to the business merchant which is in turn passed to the consumer for payment. This fee is charged dynamically and uses any monies transferred into the business merchants virtual account. This fee is taken and managed by the Instant Pay system, on behalf of the business merchant. Any of the above mentioned consumer fees cannot be marked up, or sold as a service by the business merchant. The consumer fees mentioned above are charged at $2.50 per inwards and outwards movement of money.

Bank Compatibility

Instant Pay uses existing NPP frameworks to ensure consumer payments are transacted and remitted as quickly as possible. We do not guarantee that any participating bank will transact instantly with the Instant Pay platform. Each NPP participating bank will have its own policy for NPP payments and while we anticipate that all Australian banks will support real time NPP payments within the near future, currently NPP payments settlement and completion of cleared funds times will vary. Unfortunately Instant Pay does not have any control over this. Instant Pay does have redundancy measures in place to cater to any varied timing of bank related NPP payments and will also clearly communicate to any payer(s) at the point of purchase what to expect from their bank.

FAQ

Bank compatibility

Before using Instant Pay we recommend checking to ensure your bank supports NPP payments. A check tool is viewable on our website.

Limits on bank transfers

Bank transfer limits are controlled by the payer and their bank.
To mitigate limitations, please check your bank transfer limitations prior to attempting an Instant Payment.
Please ensure your transfer limits meet your purchase amount requirements.
Contact your bank directly to increase your daily payment limit transfers.

Hours of operation

Instant Pay transactions are instant, 24/7.

Incorrect payments and solutions

Instant Pay infrastructure will detect any incorrect payments made, if using the correct reference ID when paying. If an incorrect payment reference number is used, we will refund the entire transaction amount to you within 2 working days, minus any relevant fees that are applicable to your transaction.

Non NPP payments and our process

If a non-NPP payment is made to us it can take up to 2 working days for us to receive this money. Generally, we will refund this money, minus any fees applicable to you once we receive it.

Some businesses may opt to honour the transaction and will make contact with you to confirm this. Please note that during the 2 day period during a non-NPP transfer we do not have access to your funds, and cannot refund or transfer these funds. This will be completed once your funds have cleared.

Can I cancel a payment once it is made?

No.
Once a payment is made to the Instant Pay infrastructure, monies are planned for dispatch to the nominated business. Refunds on product or service will need to be requested to the nominated business.

I’ve paid. Can I pickup my product/service now?

Products / services purchased using the Instant Pay infrastructure follow the nominated business terms and conditions of trade. Please refer to their terms and conditions of trade, or contact them directly for information regarding your purchase.

Why do you need my mobile number?

We require your mobile number to ensure you complete the money transfer correctly.
If incorrect funds or non-instant payments are made, we can contact you quickly.
You mobile number is not used for any other purpose.

Do you send money internationally?

No.
Instant Pay only operates in Australia.

Transaction record

Your transaction record is sent to you via sms. This record will remain in our database and is viewable by you (and whomever holds the unique transaction URL).

Intellectual property rights

While you are using our Services, you may use the Instant Pay Materials only for your personal use and solely as necessary in relation to those Services.

Instant Pay Materials include any software (including without limitation the website, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:

(a) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Instant Pay Materials to any person or entity;

(b) remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services or on any Instant Pay Materials;

(c) modify, copy, tamper with or otherwise create derivative works of any software included in the Instant Pay Materials; or

(d) reverse engineer, disassemble, or decompile the Instant Pay Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Instant Pay Materials or as part of the Services.

Our responsibility for loss or damage by you

We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement to purchase was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.

We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:

(a) where you have made an incorrect payment amount

(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;

(c) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of the Instant Pay platform or failed to comply with your obligations to use Instant Pay in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or

(d) if you don’t let us know about the unauthorised or incorrectly completed transaction within 7 calendar days from the date of the payment transaction.

We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.

You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

What happens if you owe us money. In the event you are liable for any amounts owed to us, we will immediately remove such amounts from your total transaction. If there are insufficient funds to cover your liability, we reserve the right to collect your debt to us by using any payments received through your Instant Pay transaction. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

If a consumer, using Instant Pay, deposits an amount that is equal to or less than the fees required to instantly transfer/refund this amount back to them (the consumer) these deposits will be held by Instant Pay to cover the expense of refunding these monies to you. At no point will Instant Pay refund monies through the NPP if the cost of executing this is deemed more than the money that is being transferred.

Accessing our services

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

Information security

You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.

Linking to our site

You may link to our Website provided you follow certain rules. You may link to our Website, provided:

(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

(b) you do not suggest any form of association, approval or endorsement on our part where none exists;

(c) you do not frame our Website on any other site; and

We reserve the right to withdraw linking permission without notice.

Our right to make changes

We reserve the right to change this agreement.

In some instances, we may change this Agreement immediately. Changes to this Agreement which are: (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

How we may contact you

We usually contact you via SMS or phone. We cannot be liable for any consequence or loss if you don’t follow instruction or read any notification we send to you. If we have reasonable concerns either about the security of your Instant Pay transaction, or any suspected or actual fraudulent use of your Instant Pay Account, we will contact you via telephone.

This Agreement is made in the English language.

Complaints

If you have any complaints about us or our Services, you may contact us following our customer complaint procedure. Please email complaints@instantpay.net.au to begin this process.

Other important terms

If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms and COnditions, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

These terms and conditions supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Instant Pay, whether written or oral, relating to its subject matter.

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