Welcome to Easy Bill Pay – we are excited that you have chosen to get your finances in order. Before you start, there are some important things that you need to know.

1.

Term

This agreement takes effect on the date that you create an Account with EBP and remains in effect until it is terminated in accordance with this agreement.

2.

Acceptance of terms

2.1

Acceptance by creation of Account

Please make sure you take the time to read all of the terms in these Terms of Service. By signing up to the Easy Bill Pay and creating an Account, you agree to be contractually bound by these Terms of Service. If you do not agree, please do not access or use the Easy Bill Pay and uninstall it from your device.

2.2

No effect on Bill terms

The contractual arrangement between you and each Payee of a Bill to be paid via the Easy Bill Pay Platform is a separate contractual arrangement with each respective Payee and these Terms of Service do not terminate, suspend, replace, vary or supplement those contractual terms, which you remain subject to and must continue to comply with.

3.

Easy Bill Pay Platform and Support Services

3.1

Account

  1. The User must create an Account for access to the Easy Bill Pay Platform and Support Services.
  2. To create an Account, you must:
    1. provide your name, mobile phone number, valid email address, date of birth;
    2. provide additional information required to meet identity and security requirements. These requirements may vary from time to time, in line with developments in the technology, standards and regulations relating to the security of financial transactions;
    3. nominate a password;
    4. be at least 18 years of age and capable of entering into this agreement;
    5. nominate at least one Payment Source which you have the authority to use; and
    6. ensure that all information you supply to us for the establishment and conduct of the Account and the proper function of the Easy Bill Pay Platform is true, accurate, current and complete.
  3. The User must keep its password to its Account secure and take all other steps reasonably required to prevent unauthorised access to the Account, as the User is solely responsible for any activity on its Account. You may suffer loss if you do not sufficiently safeguard access to your Account.
  4. The User agrees to notify EBP immediately if it becomes aware of any security breach or any unauthorised use of its password or Account or any other circumstances which may threaten the security or operation of the Easy Bill Pay Platform.
  5. If any unauthorised transactions or errors occur with respect to a Payment Source that is not related to the Easy Bill Pay Platform, the User should communicate with its bank, other financial institution or card issuer (as appropriate).
  6. The User must ensure that the device upon which it accesses the Easy Bill Pay Platform is in good, up-to-date working order and operating condition. EBP take no responsibility if you are unable to access or properly use the Easy Bill Pay Platform as a result of issues with your device.

3.2

Support Services

  1. EBP will provide Support Services to a User when a User submits a written request online to the EBP Address Details outlining their question or issue for which they require support.
  2. EBP expressly disclaims any obligation or requirement on it to provide a higher level of Support Services or any additional services to a User.

4.

Availability

4.1

Availability

EBP will use its best endeavours to make the Easy Bill Pay Platform and the Support Services available during the Term (subject to the suspension or termination of the Account in accordance with the terms of this agreement).

4.2

Suspension or closure of Account by User

  1. The User may elect to suspend their Account at any time by selecting the relevant option within the Easy Bill Pay Platform. An Account which has been suspended by the User under this clause may be re-activated at any time by selecting the relevant option within the Easy Bill Pay Platform.
  2. The User may elect to close their Account at any time by selecting the relevant option within the Easy Bill Pay Platform. An Account which has been closed by the User will not be able to be re-activated by the User (ie. a new Account must be applied for).
  3. If you suspend or close your Account under clause 4.2(a),
    1. EBP will immediately suspend:
      1. the draw-down of all scheduled Top-up Payments (including those by way of the Bill Smoothing Feature, if applicable); and
      2. the payment of Bills,

      provided always that EBP will not be able to suspend or cancel any draw-down of a Top-up Payment or any payment of a Bill which is already in progress; and

    2. you will be solely responsible for paying any current and future Bills on your Account whilst your Account is suspended or following the closure of your Account; and
    3. where your Account is suspended under this clause, your Account must be re-activated on the Easy Bill Pay Platform before EBP can action any future withdrawal of a Top-up Payment or the payment of a Bill.

4.3

Suspension by EBP

  1. EBP may temporarily suspend or restrict (in part or whole, in EBP’s absolute discretion) without prior notice to the User, the User’s access to the Easy Bill Pay Platform and Support Services if:
    1. there are not sufficient funds in your Account to meet payment of a Bill or available from any Payment Source to enable a Top-up Payment to occur, or any one of your Payment Sources have been blocked, suspended or cancelled;
    2. EBP has received a direction from any bank or other financial institution or card issuer in relation to any Payment Source;
    3. EBP has detected or been made aware:
      1. of unauthorised access of your Account, unauthorised or unusual usage associated with your Account (including in relation to monitoring activities that may take place under clause 6.1(b));
      2. any potentially suspicious, fraudulent or illegal activities in relation to your Account or any transactions which may be a potential misuse or unlawful use of the Easy Bill Pay Platform (including in relation to monitoring activities that may take place under clause 6.1(b));
      3. that you registered an Account in breach of clause 3.1(b); or
      4. of a potential security risk to the Easy Bill Pay Platform;
    4. of receipt into your Account of potentially fraudulent funds or other illegal activity on your Account;
    5. in EBP’s sole discretion, the User is otherwise in breach in any way of this agreement;
    6. there is a malfunction, fault or breakdown of any of EBP’s equipment or if EBP is required to undertake the repair, maintenance or service of any part of the Easy Bill Pay Platform;
    7. an event of Exceptional Circumstance occurs, which affects or may affect EBP’s ability to provide the Easy Bill Pay Platform;
    8. there is a Claim made that the continued provision of the Easy Bill Pay Platform or Support Services (if applicable) infringes the rights of any person;
    9. if there is a Claim made that exposes EBP to liability or prosecution for an offence or liability to a statutory prosecution;
    10. EBP is required by Law (such as anti-money laundering laws and privacy laws) to do so, or it considers it necessary (in its sole discretion) in consideration of its regulatory or other legal obligations; or
    11. acting reasonably, for any other reason (including where EBP wishes to cease offering the Easy Bill Pay Platform).
  2. Suspension in accordance with either of clause 4.2(a) or clause 4.3(a) above will not affect any right which accrues prior to, or after, suspension of EBP’s obligations under the agreement.

4.4

Notices in relation to suspension

In the event that access to the Easy Bill Pay Platform is suspended in accordance with clause 4.3, EBP will endeavour to provide the User with written notice of the suspension:

  1. a reasonable time prior to the suspension where it is reasonable and practicable to do so in EBP’s opinion; or
  2. otherwise, as soon as reasonably practicable after the suspension.

4.5

Downtime and Limitations

The User acknowledges and agrees that:

  1. EBP is not responsible or Liable for the User’s use of the Easy Bill Pay Platform or Support Services or any other purpose;
  2. access to the Easy Bill Pay Platform may occasionally be limited due to scheduled maintenance; and
  3. any downtime or unavailability due to server upgrades, network device upgrades, software upgrades, banking or other third party infrastructure is outside the scope of this agreement.

4.6

Loss of Access

User shall have no Claim (including a Claim for Loss) against EBP in respect of loss of access or functionality to the Easy Bill Pay Platform referred to in this clause 4.

4.7

Important acknowledgements

As a fundamental condition of the agreement, the User acknowledges and agrees that:

  1. any statement or information provided by EBP prior to, during the Term of this agreement or after its expiration is general in nature and should not be relied upon by any person as legal advice or otherwise; and
  2. EBP will not be Liable in any way for (and is released from) any Loss (including any Loss incurred by the User or their Personnel) arising from any error, inaccuracy, incompleteness or other similar defect in the Easy Bill Pay Platform.

5.

Fees payable to EBP

  1. Subject to sub-clause (b) below, there are currently no fees charged for registration and access by Users to the Easy Bill Pay Platform.
  2. Where a top-up is withdrawn from a credit card or debit card, EBP will charge the User a surcharge of 1.3% of the top-up amount. The surcharge does not apply to payments of Bills made by EBP.
  3. Other than provided for under sub-clause (b) above, all other bank fees incurred by EBP in association with the delivery of the services under these Terms of Service will be absorbed by EBP.
  4. You may also be liable to fees and charges charged by your own bank, financial institution or card issuer in relation to transactions undertaken in relation to the Payment Source. You should consult your bank, financial institution or card issuer if you are uncertain as to the fees and charges, and their application.
  5. EBP reserves the right at any time to change the terms in relation to charging for access to the Easy Bill Pay Platform, including by the introduction of any transaction fees or other additional fees or charges as determined by EBP in its sole discretion subject to EBP providing a notice in writing to the User in accordance with clause 17.12.

6.

Obligations

6.1

EBP Obligations

  1. EBP will use its best endeavours to ensure that:
    1. (access to Easy Bill Pay Platform) the Easy Bill Pay Platform is available for access by Users;
    2. (Account operational) your Account is current and operational (other than in the case of a suspension under clauses 4.2 or 4.3 or termination under this agreement);
    3. (debit of funds) Automatic Top-up Payments are withdrawn from your Payment Source for each Payment Cycle (including for the purposes of the Savings Plan Function, if selected by the User) in accordance with the Payment Schedule, provided always that:
      1. the details of the Payment Source are correctly recorded on the Easy Bill Pay Platform and verified by you as required;
      2. there are sufficient funds available from the Payment Source to meet the Top-up Payment specified in the Payment Schedule;
      3. the Account has not been suspended under clauses 4.2 or 4.3 or closed in accordance with this agreement; and
      4. there are no matters outside of the control of EBP which may prevent access to the Payment Source (including, without limitation, disruptions to banking, utility or other third party infrastructure, networks or other systems);
    4. (debit of funds – Bill Smoothing Function) where you have selected the Bill Smoothing Function to be in operation, the Automatic Top-up Payments withdrawn under sub-paragraph (3) above for each Payment Cycle are sufficient such that the Current Balance in your Account is maintained at a level to cover payment of each Bill on its scheduled Payment Date; and
    5. (payment of Bills) each Bill is paid on or before the due date for payment of the Bill in accordance with the instructions recorded for that Bill on the Easy Bill Pay Platform, provided always that:
      1. there is a sufficient Current Balance in your Account to satisfy the payment of a Bill on the scheduled Payment Date;
      2. the details of the Bill are correctly recorded on the Easy Bill Pay Platform (and entered to the Easy Bill Pay Platform in a timely manner to facilitate payment of the Bill by the due date for payment specified in the Bill);
      3. the Account has not been suspended under clauses 4.2 or 4.3 or closed in accordance with this agreement; and
      4. there are no matters outside of the control of EBP which may prevent a payment being made to a Payee (including, without limitation, disruptions to banking, utility or other third party infrastructure, networks or systems);
    6. (notifications) notify you via your User Address Details (or any other agreed manner of communication) if we are unable to withdraw funds from a Payment Source or complete a payment to a Payee; and
    7. (amounts from Payees) any refund or denied payment in relation to a Bill is paid.
  2. The User acknowledges that:
    1. EBP reserves the right to select from time to time the method of payment of Bills via the Easy Bill Pay Platform, including by Bpay or electronic funds transfer or such other methods of payment as permitted by EBP from time to time, in its sole discretion;
    2. EBP reserves the right to refuse to accept a Bill if the Payee will not accept a payment method in use by Easy Bill Pay Platform;
    3. EBP reserves the right from time to time, at its discretion, to impose limits on the number and amount of payments, in aggregate, (and to adjust those limits as determined at its sole discretion) that the User can make using the Easy Bill Pay Platform;
    4. drawing of Top-up Payments from banks, financial institutions or other third parties that are not an ADI are not permitted;
    5. payments to Payees outside of Australia are not permitted; and
    6. EBP may refuse to permit payment to a Payee if we reasonably believe such refusal is necessary or advisable for legal or security reasons.
  3. In its sole direction, EBP may elect to monitor in any way it sees fit, your transactions and processing activity for high-risk practices or for suspicious, fraudulent or illegal transactions in use of the Easy Bill Pay Platform.

6.2

User Obligations

  1. In consideration for being provided with the Easy Bill Pay Platform and Support Services, the User will, except where specified otherwise, at all times during the term of this agreement, observe and perform the terms and conditions set out in this agreement:
    1. (provision of information) provide EBP with all requested information to validate or authenticate the User’s identity or Account;
    2. (compliance with directions) comply with all of EBP’s reasonable directions in relation to the use of the Easy Bill Pay Platform and Support Services;
    3. (respond to notifications) respond in a diligent and timely manner to any requests for action or information notified to the User by EBP via the User’s Address Details (or any other agreed manner of communication);
    4. (nominate payment sources) nominate one or more payment sources for the withdrawal of funds by EBP towards the Current Balance of your Account to facilitate the payment of Bills by EBP on your behalf (plus the payment of any disbursements or surcharges) which may be either a bank account, credit card or debit card held with by or issued by an ADI, (including the completion by you of any verification activities requested by EBP) (each such nominated payment source being a Payment Source);
    5. (ensure sufficient funds available from Payment Sources) ensure that there are sufficient funds available from a Payment Source to enable funds to be drawn (whether for the payment of Bills or for the purposes of the Savings Plan Function) in accordance with the Payment Schedule and to meet the payment of any related fees and surcharges;
    6. (manage Bills) record selected Bills (and all correct Bill information) to the Easy Bill Pay Platform by any one of the following methods:
      1. forward a Bill or email containing a Bill;
      2. upload a Bill (including an image, PDF or other approved document format);
      3. manually enter details of a Bill; or
      4. arrange for a Bill to be sent directly from the payee,
      5. to your Unique Email Address, and

      6. select a payment amount (whether the entire amount of the Bill or a proportional amount);
      7. select a Payment Date and frequency for the Bill;
      8. select the Payment Source; and
      9. select if payment for the Bill is to be skipped, stopped or paused (any time up until the elected Payment Date provided a funds transfer is not already in progress);

      You are responsible for ensuring that all information you complete, provide or otherwise confirm about each payment you authorise, and any Bill you upload under this clause 6.2(a)(6), is true, accurate, current and complete, including the update, in a timely manner, of any information in relation to a Bill.

    7. (manage Bill Smoothing Function) select whether the Bill Smoothing Function is to be applied to the conduct of your Account;
    8. (manage Savings Plan Function) select whether the Savings Plan Function is to be applied to the conduct of your Account;
    9. (withdrawals) when withdrawing funds from your Account, you must transfer them to the same Payment Source as the funds were originally drawn from or to another Payment Source held in your name;
    10. (safeguard Intellectual Property Rights) promptly notify EBP of any:
    11. unauthorised or improper use of EBP’s Intellectual Property Rights that the User is, or becomes, reasonably aware of; or
    12. event or incident that is likely to or will impact on access and use of the Easy Bill Pay Platform, the provision of the Support Services (if applicable), or any other obligation of EBP under this agreement, and, assist EBP in taking all necessary steps to defend EBP’s Intellectual Property Rights other than by the institution of legal proceedings;
    13. (reputation) not do or omit to do any act or thing which is likely to cause EBP’s name or reputation or the name or reputation of EBP’s products and services to be diminished or adversely affected.
  2. The User:
    1. acknowledges that:
      1. the functionality of the Easy Bill Pay Platform relies upon a combination of information entered into the Easy Bill Pay Platform by the User, selections made by the User and default determinations and calculations made by the Easy Bill Pay Platform; and
      2. the determinations and calculations made by the Easy Bill Pay Platform are subject to variation as a result of changes to information inserted by or selections made by the User on the Easy Bill Pay Platform; and
    2. agrees that they are responsible for reviewing and verifying the details of Payment Cycles, Automatic Top-up Payments and Payment Dates as set out from time to time on the Easy Bill Pay Platform.
  3. The User acknowledges and agrees that they are responsible for communicating with a Payee in relation to any matters connected with a Bill issued by the Payee including (without limitation) in relation to:
    1. the amount of a Bill;
    2. an issue with or delay in payment of a Bill; or
    3. any issues or concerns with the services provided by the Payee,
    4. and the User acknowledges and agrees that:

    5. none of these actions are the responsibility of EBP to undertake on behalf of the User; and
    6. that EBP is not authorised, obliged or required to undertake any of these actions.
  4. The User is responsible for the payment to any Payee of any fees, charges, interest incurred by the User in relation to a Bill which is paid after the date when payment of the Bill is due under the Bill.

6.3

Bill Smoothing Function

By selecting the Bill Smoothing Function, the User:

  1. authorises EBP to deduct from the Payment Source during each Payment Cycle an amount sufficient to cover future Bill payments, where the amount and time for such deductions under the Payment Schedule will be determined solely by EBP;
  2. acknowledges and agrees that the Payment Schedule determined under the Bill Smoothing Function is determined at the discretion of EBP based upon the amount and timing of payment of future Bills;
  3. accepts the Payment Schedule as determined by the Bill Smoothing Function unless further action is taken under the Easy Bill Pay Platform to adjust the Payment Schedule (or to de-select the Bil Smoothing Function);
  4. acknowledges that a withdrawal of funds by the User reducing the Current Balance may lead to an adjustment (increase) in the Payment Schedule for Payment Cycles that follow the withdrawal;
  5. agrees that they will ensure that there are sufficient funds available from a Payment Source to enable the Automatic Top-up Payment to be made in accordance with the Payment Schedule under the Bill Smoothing Function;
  6. acknowledges that no interest is payable to the User on account of the Current Balance held in the User’s Account from time to time (refer to clause 6.5 for further information); and
  7. acknowledges that the selection of the Bill Smoothing Function is optional and at the discretion of the User and the User agrees not to select the Bill Smoothing Function unless the use of the Bill Smoothing Function, including the Payment Schedule determined by EBP, meets the Users individual financial circumstances (refer to clause 6.6 for further information).

6.4

Savings Plan Function

By selecting the Savings Plan Function, the User:

  1. authorises EBP to deduct during each Payment Cycle the amount specified by the User or otherwise determined by EBP under the Savings Plan Function;
  2. funds held in your Account which are attributed to the Savings Plan Function are NOT available for use by EBP for the payment of Bills and will not be applied by EBP towards the payment of Bills if the Current Balance is not otherwise sufficient to meet the payment of a Bill on a Payment Date;
  3. acknowledges that no interest is payable to the User on account of the Current Balance held in the Users Account from time to time, including those funds held in the Current Balance under the Savings Plan Function (refer to clause 6.5 for further information); and
  4. acknowledges that the selection of the Savings Plan Function is optional and at the discretion of the User and the User agrees not to select the Savings Plan Function unless the use of the Savings Plan Function, including the revised Payment Schedule determined by EBP, meets the Users individual financial circumstances (refer to clause 6.6 for further information).

6.5

Holding of User funds

  1. By establishing the Account and accepting these Terms of Service, the User authorises EBP to withdraw funds from the Payment Source in accordance with the Payment Schedule and to hold and apply those funds, represented by the Current Balance in the Account of the User for the purposes of EBP attending to the payment of Bills in accordance with the Easy Bill Pay Platform and these Terms of Service.
  2. Funds drawn from a Payment Source of the User are held in an interest bearing account in the name of EBP (EBP Account) and interest earned or accrued to the EBP Account will be credited to the EBP Account to be applied by EBP in its discretion to meet bank fees and other expenses associated with the provision of services under this agreement. Interest is not payable to the User on account of the Current Balance held in the Users Account from time to time.

6.6

No financial advice given by EBP

The availability of, and your use of, the Easy Bill Pay Platform is intended to assist you with the management of payment of your Bills and is general in scope without taking into consideration your personal financial objectives, financial situation or financial needs. Before using the Easy Bill Pay Platform, and when giving consideration to the use of the features available under the Easy Bill Pay Platform, you should consider the appropriateness of the Easy Bill Pay Platform and the operation of its functions to your individual and unique financial circumstances and seek appropriate financial advice or other professional advice as required.

7.

Third party software licences

7.1

Third party content

The User acknowledges and agrees that:

  1. EBP can (in its sole discretion) incorporate Third Party Content into the Easy Bill Pay Platform, unless otherwise expressly agreed to by the parties in writing; and
  2. Third Party Content may be subject to licences or other terms and conditions provided by the relevant Third Party.

7.2

Compliance

  1. The User must comply with the licence terms of the Easy Bill Pay Platform and any Third Party Content installed or used in the provision of the Easy Bill Pay Platform.
  2. The User must not do or permit to do any act that breaches, or causes EBP to breach, a software licence installed or used in the provision of the Easy Bill Pay Platform.

7.3

Indemnity

  1. The User agrees to indemnify, and keep indemnified, EBP against:
    1. any and all Loss it incurs; and
    2. any Claim by a third party,
    3. as a result of the User’s breach of clause 7.2.

8.

Intellectual Property Rights

8.1

Ownership of Easy Bill Pay Platform

  1. Ownership of the Easy Bill Pay Platform is not modified by this agreement.
  2. The Intellectual Property Rights in the Easy Bill Pay Platform remain vested in EBP.

8.2

Ownership of data

  1. Ownership of User Data is not modified by this agreement.
  2. Ownership of EBP Data is not modified by this agreement.
  3. The User grants EBP a non-exclusive, non-transferable, worldwide, royalty free licence to use the User Data (to the extent the User may have any rights in relation to such User Data) for the purposes of performing obligations under this agreement.

8.3

Provision and ownership of New IP

Upon its creation, all New IP will be owned by and assigned to EBP.

8.4

Prohibited activities

The User will not (and must not permit or procure its Personnel) to:

  1. reverse engineer or decompile the Easy Bill Pay Platform;
  2. reproduce, make error corrections to or otherwise modify or adapt the Easy Bill Pay Platform to create any derivative works based on the Easy Bill Pay Platform;
  3. use, or permit, the Easy Bill Pay Platform to be accessed or used in any way other than in a manner expressly permitted by this agreement;
  4. attempt to gain unauthorised access to the Easy Bill Pay Platform or any Materials other than those which the User has been given express permission to access via the Easy Bill Pay Platform;
  5. challenge the validity of any Intellectual Property Rights of EBP or a Related Body Corporate of EBP;
  6. permit the Easy Bill Pay Platform to be accessed in any unauthorised way;
  7. do or permit any other act which infringes EBP’s Intellectual Property Rights;
  8. do or permit an act that uses the Easy Bill Pay Platform or any supporting infrastructure in a way that could infringe a third party’s Intellectual Property Rights; or
  9. use the Easy Bill Pay Platform in any way that could damage the reputation of EBP.

8.5

Notification of infringement claim

The User must notify EBP promptly from the date it becomes aware of:

  1. any actual or suspected infringement by a third party of EBP’s Intellectual Property Rights; or
  2. any actual or threatened claim by a third party that EBP’s Intellectual Property Rights have or will be infringed by any act, omission or permission by the User or its Personnel in connection with this agreement.

9.

User Data

9.1

Provision of information

Through the usage of the Easy Bill Pay Platform, the User may provide to, and have stored User Data on EBP’s servers.

9.2

Backup

The User is solely responsible for making backups of its User Data, and EBP excludes all Liability in connection with backups (or lack thereof) of User Data. EBP shall not be required to provide the User with any copy or record of the User Data.

9.3

User Data storage

The User acknowledges and agrees that EBP may (but is not obligated to the User) to hold User Data in its systems for up to three years from the date of termination of this agreement, or longer if required by Law.

10.

Confidential information

10.1

Non-disclosure

  1. A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information.
  2. EBP must take all reasonable steps to ensure that its Personnel (or subcontractors) engaged for the purposes of the agreement, do not make public or disclose the other party’s Confidential Information.
  3. A party is not in breach of this clause 10.1 in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
  4. Notwithstanding any other provision of this clause 10.1, the parties may disclose the terms of this agreement (other than Confidential Information of a technical nature) to its Related Bodies Corporate or Related Entities, solicitors, auditors, insurers and accountants.

10.2

Return of Confidential Information

The User must, on demand and its own cost, promptly return to EBP any Confidential Information supplied by EBP in connection with this agreement.

10.3

Security and unauthorised access

Each party must use commercially reasonable efforts to ensure that all information and Materials of the other party (or its agents or contractors) in the custody of that party for purposes connected with this agreement are protected at all times from unauthorised access or use by a third party, and from misuse, damage or destruction by any person.

10.4

Acknowledgement as to types of remedy

Each party acknowledges and accepts that:

  1. the other party would suffer financial and other loss and damage if its Confidential Information was disclosed to any other person or used for any purpose other than as permitted by this agreement and accordingly that monetary damages may be an insufficient remedy; and
  2. in addition to any other remedy, which may be available in law or equity, the other party is entitled to seek injunctive relief to prevent a breach of any of clause 10.1 and to compel specific performance of clause 10.1.

10.5

Survival

This clause 10 survives the termination or expiration of this agreement.

11.

Privacy Law

11.1

Privacy Law acknowledgement

To the extent applicable to it, each party agrees to comply with all applicable Privacy Laws in relation to any and all Personal Information that it collects from the other party in connection with the agreement.

11.2

Privacy protection obligations

  1. The Privacy Laws require EBP to take such steps as are reasonable in the circumstances to ensure that any recipients of Personal Information outside of Australia do not breach the privacy principles contained within Privacy Laws.
  2. EBP acknowledges the importance of protecting Personal Information and has taken reasonable steps, to ensure that any Personal Information is used by third parties securely and in accordance with the terms of the agreement.

11.3

Compliance

The User warrants that it has sought the necessary consent required by Privacy Laws, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) from all individuals whose Personal Information it causes to be disclosed to EBP or otherwise held in connection with the Easy Bill Pay Platform, to enable EBP (or its Personnel and its related parties):

  1. to collect such Personal Information via the Easy Bill Pay Platform;
  2. to hold and use that Personal Information for the purposes of EBP performing its obligations under this agreement; and
  3. to directly contact individuals (including by email and phone) using the Personal Information held by EBP in connection with clauses 11.3(a) and 11.3(b) above.

12.

Termination

12.1

Termination by User

This agreement will be terminated in the event that the User closes its Account in accordance with clause 4.2.

12.2

Termination by EBP

EBP may close your Account:

  1. upon the occurrence of any of the events specified as grounds for suspension in clause 4.3 and where;
    1. if the occurrence is capable of being resolved or remedied, EBP will make three attempts to resolve or remedy the occurance, if EBP has failed to resolve or remedy the occurance to its satisfaction, in its discretion; or
    2. if the occurrence is not capable of being resolved or remedied, notice in writing is given to the User, effective immediately.
  2. at the discretion of EBP, without cause, by giving not less than 30 days’ notice in writing,

in which event this agreement will be terminated effective immediately.

12.3

Consequences of termination or expiration

Upon the termination of this agreement:

  1. the User’s access to the Easy Bill Pay Platform and Unique Email Address shall be withdrawn; and
  2. any monies remaining in your Account will be refunded to:
    1. the account nominated by the user (such payment to be attempted by EBP within 48 hours of the termination of your Account);
    2. if the above transfer is not successful, then to another Payment Source (such payment to be attempted by EBP within 48 hours of the termination of your Account); or
    3. if any of the above transfers are not successful, then as soon as reasonably practicable and in such other manner as agreed between you and EBP.
  3. subject to any right which survives termination or expiration, the User shall immediately:
    1. stop identifying itself as EBP’s customer; and
    2. immediately return or (if requested to do so by other party) destroy all Confidential Information and Materials belonging to EBP in the User’s possession or control.

12.4

No prejudice of rights

Termination shall not prejudice or affect any right or action which shall have accrued or shall thereafter accrue to either party.

12.5

Survival

The following clauses survive termination of the agreement: clause 7.2 (Compliance with third party software licences), clause 7.3 (Indemnity in relation to third party software licences), clause 8 (Intellectual Property Rights), clause 10 (Confidential information), clause 11 (Privacy Law), clause 12.3 (Consequences of termination or expiration), clause 13 (Liability), clause 14 (Warranties), clause 15 (Indemnity), and this clause 12.5.

13.

Liability

13.1

Your liability

You are solely liable for any:

  1. Loss incurred or Claim brought against you arising from any errors you make in using the Easy Bill Pay Platform, including (without limitation) the following:
    1. the unavailability of a Payment Source for any reason, or where there are insufficient funds available from a Payment Source to enable an Automatic Top-up Payment to be made in accordance with the Payment Schedule;
    2. where the Current Balance is insufficient to meet the payment of a Bill on its Payment Date;
    3. where you direct the payment of a Bill to occur after the Payment Date, not at all or multiple times;
    4. where you direct the payment of a Bill to an incorrect payee;
    5. where you direct the payment of a Bill for an incorrect amount;
    6. where fees or charges are incurred by you (or any discount is lost or no longer available) in relation to a Bill which is paid after the date when payment of the Bill is due under the Bill; or
    7. where you change the details in relation to the payment of a Bill, but payment of the Bill has already been processed, or cannot be stopped,
  2. any Liability that is incurred as a result of your use of the Easy Bill Pay Platform in breach of this agreement.

13.2

Exclusion of EBP’s liability

  1. To the extent permitted by Law, in no event will EBP be Liable to the User, or any third party for any Loss or Claim arising in part or in whole in connection with this agreement, the Easy Bill Pay Platform or your use of the Easy Bill Pay Platform, even if EBP has been made aware of the possibility of such Loss or Claim, including, without limitation:
    1. Consequential Loss;
    2. Loss arising out of or connected with a Bill not being paid on time or at all for any reason (including, without limitation, any late fees or dishonour charges imposed by the payee); or
    3. Loss arising out of or connected with matters outside of our control, including but not limited to:
      1. unauthorised use or access of your Account;
      2. any unauthorised transactions occurring on your Account;
      3. any fraud or attacks on the Easy Bill Pay Platform, Support Services or otherwise;
      4. any error by any bank, other financial institution or card issuer;
      5. any errors that render the Easy Bill Pay Platform, or any bank, other financial institution or card issuer, or any other third party service involved with the payment of a Bill, inaccessible or unusable.
  2. EBP is not responsible for any third party infrastructure, networks or other systems outside the control of EBP that may prevent the payment of any Bill by the Payment Date.
  3. EBP will not be Liable for Claims made by third parties arising out of or in connection with this agreement, the Easy Bill Pay Platform or your use of the Easy Bill Pay Platform.

13.3

Implied terms

  1. To the full extent permitted by Law, any term which would otherwise be implied into this agreement is excluded.
  2. To the full extent permitted by Law, the User acknowledges that the Easy Bill Pay Platform (and anything else provided under the licence) is licensed by EBP on an ‘as is, where is’ basis and EBP makes no warranties or representations as to the Easy Bill Pay Platform (and anything else provided under the licence).
  3. In the event any Law implies or imposes any Non-Excludable Condition, such Non-Excludable Condition will apply, save that the liability of EBP for breach of any such term will be limited in accordance with clause 13.4(a).

13.4

Limitation of EBP’s liability

To the extent EBP is found Liable in connection with this agreement, its Liability shall be limited (at the option of EBP) to any one or more of the following:

  1. re-supplying services to which the Liability relates or the supply of equivalent services; or
  2. reimbursing the User (subject to clause 13.5) for paying someone else to supply the services which the Liability relates.

13.5

Liability cap for EBP

To the extent that EBP is Liable in connection with this agreement (whether in contract, under a right of indemnity, tort or statute), then EBP’s cumulative Liability in the aggregate (to the fullest extent permitted by law) shall in no event exceed the sum of $100.

14.

Warranties

14.1

Right and title

Each party warrants to the other party that it has the full right and title to enter into this agreement and to grant the rights it sets out to the other party.

14.2

User Data Warranty

The User (and to the extent necessary, the User) warrants that it has all necessary ownership or licences to upload the User Data (if any) to the Easy Bill Pay Platform and to grant a licence to EBP to use the data as anticipated by and for any purposes in connection with this agreement.

15.

Indemnity

The User indemnifies EBP (and its Personnel or subcontractors) (Indemnified Persons), and will keep indemnified and hold harmless an Indemnified Person, against any:

  1. Claims (or alleged Claims) against an Indemnified Person; or
  2. Loss suffered by an Indemnified Person,
  3. in connection with this agreement or the use of the Easy Bill Pay Platform including, without limitation, Loss or Claim arising in relation (in part or in whole) to:

  4. the User’s use of or reliance on the Easy Bill Pay Platform or Support Services;
  5. any fraud or wilful misconduct of the User or its Personnel under or in connection with the Agreement;
  6. the negligent acts or omissions of User or its Personnel under or in connection with the Agreement, including instructions provided to EBP by User’s Personnel;
  7. the User’s alleged infringement of a third party’s Intellectual Property Rights;
  8. any breach of the agreement by the User; or
  9. a fine or penalty arising due to a contravention (or alleged contravention) of Law, which is in connection with an error or omission in the use of the Easy Bill Pay Platform, Support Services, or transaction conducted using the Easy Bill Pay Platform.

16.

Goods and Services Tax

16.1

Definitions

In this clause 16:

  1. GST has the meaning given in the GST Law.
  2. GST Law has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

16.2

GST exclusive consideration

Unless expressly stated to the contrary, all amounts under this contract are exclusive of GST.

16.3

Payment of GST

  1. If a party (Supplier) is obliged under the GST Law to pay an amount of GST for a taxable supply made by the Supplier to another party (Recipient) under this agreement, the Recipient must pay the Supplier an amount equal to the GST payable on the supply by the Supplier.
  2. The Recipient must pay the amount referred to in clause 16.3(a) and any interest, penalties, fines or expenses relating to the GST, in addition to and at the same time as the consideration otherwise payable by the Recipient for the supply.

16.4

Tax Invoice

If requested by the Recipient, the Supplier may provide the Recipient with a Tax Invoice on or before payment of the amounts required by this clause 16.

17.

General

17.1

Notices

  1. Any notice or other communication to or by any party must be in writing and in the English language, addressed to the address of the recipient, and be signed by the party or by an authorised representative of the sender.
  2. You may have enabled the option to receive notifications to your email address or mobile device. Automatic alerts may be sent to you via the User Address Details following certain changes to your account or information (including in relation to Terms of Service under clause 17.12). Notifications may therefore be viewed by other persons who access your mobile device and email account, and may contain information that you do not want others to see. You accept that EBP does not have any control over this.
  3. You acknowledge that the delivery of notifications referred to in clauses 4.3 and 17.1(b) may be subject to the quality of your connection and it is your responsibility to inform yourself fully before acting on any information (or lack thereof).
  4. The User can give EBP notice under this agreement by email at the address nominated in the EBP Address Details.
  5. EBP can give the User notice under this agreement by:
    1. publishing a banner notice on the Easy Bill Pay Platform;
    2. by sending email to the address nominated in the User Address Details and if none, then in the User Account on the Easy Bill Pay Platform.
  6. The User agrees to keep its contact information up-to-date, and ensure that it is true, correct and complete.
  7. A party may from time to time change its address or numbers for service by notice to each other party.

17.2

Governing law; jurisdiction

These terms will be governed by and construed in accordance with the laws of NSW and the parties submit to the non-exclusive jurisdiction of the Courts of NSW.

17.3

Exercise rights

A single or partial exercise or waiver by a party of any right under or relating to this agreement will not prevent any other exercise of that right or the exercise of any other right.

17.4

Merger

If the liability of a party to pay money under this agreement becomes merged in any deed, judgment, order or other thing, the party liable must pay interest on the amount owing from time to time under that deed, judgment, order or other thing at the higher of the rate payable under this Agreement and that fixed by or payable under that deed, judgment, order or other thing.

17.5

Performance

In connection with EBP’s performance of its obligations and exercise of rights under this agreement, EBP may (in its absolute discretion) have its obligations performed or rights exercised on its behalf by any of EBP’s affiliates and their respective agents, contractors, distributors, and service providers.

17.6

Remedies cumulative

The rights and remedies under this agreement are cumulative and not exclusive of any rights or remedies provided by law.

17.7

No assignment

The User must not assign, transfer or novate all or any part of its rights or obligations under or relating to this agreement or grant, declare, create or dispose of any right or interest in it, without EBP’s prior written consent (which will not be unreasonably withheld).

17.8

Severability

If a provision of this agreement is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

17.9

Further assurance

Each party must promptly at its own cost do all things (including executing and delivering all documents) necessary or desirable to give full effect to this agreement and the transactions contemplated by it.

17.10

Waiver

The waiver or failure to require the performance of any provision herein will not be deemed to constitute a waiver of a later breach of the same or any other provision herein, and no such waiver will be effective unless in writing.

17.11

Whole agreement

This agreement is the entire agreement and understanding between the parties relating to the subject matter of this agreement, and supersedes any prior agreement, representation (written or oral) or understanding on anything connected with that subject matter.

17.12

Update terms

EBP reserves the right to update or otherwise make changes to these Terms of Service (including to any attachment or document referenced herein) from time to time on at least fifteen (15) days’ notice (“Notice Period”), which notice EBP will provide to a User by any reasonable means (including via email (as notified by the User on their Account), via the Website or Easy Bill Pay Platform, via the mobile application or other electronic or other interactions with a User). You acknowledge that your ongoing use of the Website or Easy Bill Pay Platform on and from the conclusion of the Notice Period indicates your acceptance of and agreement to any changes to these Terms of Service. If you do not agree to the changes to these Terms of Service, you should close your Account on the Easy Bill Pay Platform and remove the Easy Bill Pay Platform from your device.

17.13

Advice

You warrant and agree that you:

  1. have satisfied yourself of the content of this agreement;
  2. agree that we are not providing you with any financial advice; and
  3. have had the opportunity to, and if necessary, obtained independent advice from a relevant expert to confirm same before entering into this agreement.

18.

Definitions and interpretation

18.1

Definitions

In this agreement:
Account means an account in your name that you register on the Website or through the Easy Bill Payment Platform, in accordance with the requirements under clause 3.1(b) to be managed on your behalf by EBP in accordance with these Terms of Service.
ADI means an Authorised Deposit-taking Institution authorised by the Australian Prudential Regulation Authority under the Banking Act 1959 (Cth).
Automatic Top-up Payments means the amounts to be withdrawn from time to time by EBP from the Payment Source for the User and credited to the Current Balance in the Account of the User in accordance with the Payment Schedule.
Bill means any written invoice or statement for money owed by the User to a third party for the provision of goods or services.
Bill Smoothing Function means the function available under the Easy Bill Pay Platform which enables the User to spread the withdrawal of funds from their Payment Source over a number of advance Payment Cycles to meet the payment of future Bills;.
Payee means a party who has issued a Bill which is submitted by the User for inclusion in the operation of the Easy Bill Pay Platform.
Business Day means: (a) if determining when a notice, consent or other communication is given, a day that is not a Saturday, Sunday or public holiday in the place to which the notice, consent or other communication is sent; and (b) for any other purpose, a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Queensland.
Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether: (a) it is present, unascertained, immediate, future or contingent; (b) it is based in contract, tort, statute or otherwise; or (c) it involves a third party or a party to this agreement.
Confidential Information means, in relation to each party (for the purposes of this definition, Discloser), all information disclosed by or on behalf of the Discloser, concerning or relating to:

  1. know-how, trade secrets, ideas, marketing strategies, operational information, technical information and financial information;
  2. proprietary software tools, business processes, project management methodologies and tools, software testing and verification methods, solution architecture models and solutions;
  3. its business affairs (including products, services, customers and suppliers);
  4. other information, which, by its nature or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential; and
  5. any Derived Information or Materials embodying the above information,
  6. whether such information was:

  7. disclosed orally, in writing or in electronic or machine readable form; or
  8. disclosed as a result of discussions between the parties concerning or arising out of this agreement,
  9. but excluding any such information:

  10. which is publicly known;
  11. which is disclosed to the other party without restriction by a third party (other than the Discloser) and without any breach of confidentiality by that third party; or
  12. which is developed independently by other party without reliance on any of the confidential information.

Consequential Loss means any of the following: (a) loss of revenue; (b) loss of profits; (c) loss of opportunity to make profits; (d) loss of business; (e) loss of business opportunity; (f) loss of use or amenity, or loss of anticipated savings; (g) special, exemplary or punitive damages; and (h) any loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into this agreement, including any of the above types of loss arising from an interruption to a business or activity.
Corporations Act means the Corporations Act 2001 (Cth).
Current Balance means the amount available from time to time to the benefit of the Account of the User as recorded on the Easy Bill Pay Platform.
Derived Information means any copy, note, calculation, conclusion, summary or other Material derived or produced partly or wholly from any Confidential Information.
Easy Bill Pay Platform means the integrated bill storage and payment system and method offered on an as-a-service basis on the Website or a mobile application, including any modifications, enhancements, corrections or fixes thereto, and the New IP.
EBP, we, us, our means Easy Bill Pay Pty Limited (ACN 167 062 526).
EBP Address Details are:

  1. Address: Level 3, 70 Phillip Street, Sydney NSW 2000
  2. Attention: Easy Bill Pay Team
  3. Contact: easybillpay.com.au/contact-us/

as may be updated from time to time.
EBP Data means the data supplied or generated by EBP, its Personnel and used in connection with the Easy Bill Pay Platform, but excluding User Data.
Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances include: (a) adverse changes in government regulations; (b) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster; (c) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber-attacks, viruses or malware, data loss as a result of the actions of a third party; (d) strikes or industrial disputes; (e) materials or labour shortage; and (f) acts or omissions of any third party network providers (such as internet, telephony or power provider).
Insolvency Event means an event of bankruptcy or insolvency, an assignment for the benefit of creditors, the appointment of a receiver, receiver and manager, provisional liquidator, liquidator and official manager or any similar person to any assets of a person, a failure to comply with a statutory demand, or anything else which occurs which is analogous or has a substantially similar effect, under the laws of any jurisdiction, or the person is otherwise insolvent or unable to pay its debts as and when they fall due.
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Law means any statute, rule, regulation, proclamation, order in council, ordinance, local law or by-law, whether: (a) present or future; or (b) State, federal or otherwise.
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person.
Loss means any loss (including Consequential Loss), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
Material means property, information, Easy Bill Pay Platform, firmware, documented methodology or process, documentation or other material in whatever form, including any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property Rights.
New IP means any and all Intellectual Property Rights created in the course of, or connection with, the performance of the Support Services (if applicable) or by providing access to the Easy Bill Pay Platform.
Non-Excludable Condition means an implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any applicable Laws or cause any part of this agreement to be void.
Payment Cycle means the monthly or fortnightly cycle for the withdrawal of Top-up Payments by EBP as specified from time to time for the User on the Easy Bill Pay Platform.
Payment Date means the date which a Bill is scheduled under the Easy Bill Pay Platform to be paid to the payee specified for that Bill (not necessarily reflective of the due date for payment as specified in the Bill).
Payment Schedule means the schedule for withdrawal of Automatic Top-up Payments from the Payment Source for each Payment Cycle as specified from time to time for the User on the Easy Bill Pay Platform.
Payment Source has the meaning given by clause 6.2(a)(4).
Personal Information has the meaning given in the Privacy Law.
Personnel means in relation to a party, any Related Body Corporate, Related Entity, employee, officer, agent, contractor, professional adviser of that party.
Privacy Law means the Privacy Act 1988 (Cth).
Related Body Corporate includes any corporation that is deemed to be related to a person by virtue of the provisions of the Corporations Act.
Related Entity means a person which is a related entity within the meaning of that term in section 9 of the Corporations Act.
Savings Plan Function means the function available on the Easy Bill Pay Platform which enables the User to increase the amount held in their Current Balance (by Automatic Top-up Payments or manual top-up payments) for the purposes of achieving a savings balance separate to the amount available in the Current Balance for the payment of Bills.
Support Services means the provision of customer support and technical support services by email between the hours of 9am to 5pm Brisbane time on Business Days.
Term means the duration of the agreement, until it is terminated in accordance with the terms.
Terms of Service means this document as updated from time to time by EBP.
Third Party Content means any content, materials or software provided by a third party.
Unique Email Address means the User’s individual @easybillpay email address, connected to the User’s Account.
User, you, your means the individual that accesses the Website or mobile application for the Easy Bill Pay Platform and creates an Account.
User Data means the data supplied or generated by the User (including, without limitation a Bill), its Personnel and used in connection with the Easy Bill Pay Platform, but excluding the EBP Data.
User Address Details are the User’s address details in the User’s Account in the Easy Bill Pay Platform, as may be updated from time to time.
Website means the website at www.easybillpay.com.au through which the Easy Bill Pay Platform is offered.

18.2

Interpretation

  1. Unless the contrary intention appears, a reference in this agreement to:
    1. this agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
    2. one gender includes the others;
    3. the singular includes the plural and the plural includes the singular;
    4. a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;
    5. an item, recital, clause, subclause, paragraph, schedule or attachment is to an item, recital, clause, subclause, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
    6. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
    7. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
    8. money is to Australian dollars, unless otherwise stated; and
    9. a time is a reference to AEST time unless otherwise specified.
  2. The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
  3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
  4. Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
  5. A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement.

18.3

Business Days

  1. If anything under this agreement must be done on a day that is not a Business Day, it must be done instead on the next Business Day.
  2. If an act is required to be done on a particular day, it must be done before 5.00pm on that day or it will be considered to have been done on the following day.

18.4

Parties

  1. If a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
  2. An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
  3. An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.

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