Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by AwayPay Pty Ltd (ACN 659 320 831). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.awaypay.com.au/terms-of-service) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means AwayPay Pty Ltd.

1. Registration

You must be a registered member to access certain features of our website.

When you register and activate your account, you will provide us with personal information such as your name, staff number, and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (https://www.awaypay.com.au/privacy-policy).

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

at least 18 years of age;

possess the legal right and ability to enter into a legally binding agreement with us; and

agree and warrant to use the website in accordance with these Terms.

2. Collection Notice

We collect personal information about you in order to process your registration and provide you with our web application services, including your work roster management and the 'Who's in Port' feature, and for purposes otherwise set out in our Privacy Policy (https://www.awaypay.com.au/privacy-policy).

The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. We may disclose your personal information to recipients that are located outside of Australia, including to third parties related to the provision of our service located in the USA.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@awaypay.com.au

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Purchases

At present, our service does not enable purchases. However, we intend to introduce a small monthly usage fee for users on the basic plan in the near future. We will provide clear information about the fee structure, payment methods, and any other relevant purchasing conditions before these changes take effect.

For users opting into our allowance advancement features, transactions will incur a fee. Full details including pricing policy, payment security, and any limits or conditions associated with this service will be clearly communicated prior to its broad availability. By using this feature, you agree to the specified terms, which will be consistent with Australian Consumer Law.

Purchasing Policy Overview:

Order Confirmation: Once we launch billing features, you will receive confirmation of any subscriptions or transactions made through our platform.

Pricing Policy: All prices will be clearly stated in AUD (Australian Dollars) and will include any applicable taxes.

Payment Methods and Security: Details on accepted payment methods and the security measures taken to protect your transactions will be provided.

Purchasing Limits: If applicable, any limits on transactions or subscriptions will be clearly outlined.

Guarantees: All goods and services provided by AwayPay Pty Ltd come with guarantees that cannot be excluded under the Australian Consumer Law.

Deliveries and Insurance: For future physical products or services requiring delivery, terms will include delivery and insurance options.

Cancellation and Returns: Details on how to cancel orders and policies regarding returns and exchanges will be provided, ensuring compliance with the Australian Consumer Law.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

7. Linked sites

Our website may contain links to websites operated by third parties, including Revolut. These links are provided for your convenience and to offer you access to potentially beneficial services and promotions. We participate in an affiliate program with Revolut, through which we may receive a commission if you register or transact with them through links provided on our website.

While we strive to offer only reputable and reliable third-party websites, unless expressly stated otherwise, we do not endorse and are not responsible for the content on these linked websites and have no control over or rights in those linked websites. The inclusion of any link does not imply our endorsement of the site, nor does it imply any association with its operators.

We encourage you to be aware when you leave our site and to read the privacy statements and terms and conditions of any other site that collects personally identifiable information. This is particularly important for sites like Revolut, where financial transactions may occur.

Affiliate Disclosure:

Please note that by using the affiliate links on our website, you are supporting AwayPay Pty Ltd, as we may receive a commission from Revolut. This does not affect the terms or costs of any transactions you might undertake with Revolut. We aim to maintain transparency about our affiliate relationships and will provide detailed information regarding any benefits you might receive through promotions associated with these links.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to take screenshots for the purpose of viewing the Content for your own personal use.

8. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

using this website to defame or libel us, our employees or other individuals;

uploading files that contain viruses that may cause damage to our property or the property of other individuals;

posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.

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