Acceptance of these Terms

1.1 By clicking the 'I agree' button and using Teampay (Application), you confirm that you accept these Terms & Conditions (Terms) and our Privacy Policy and agree to be bound by them.

1.2 We may at any time change, add or remove any part of these Terms by posting amended Terms & Conditions on the Application and on our website. If any modification is unacceptable to you, you should stop using the Application. Unless otherwise specifically set forth in the amended Terms & Conditions, all changes will be effective upon the date the amended Terms & Conditions are published on the Application. Your continued use of the Application following the effective date will constitute binding acceptance of the Terms & Conditions and agreement to be bound by the changes specified therein. It is your responsibility to frequently check and review the terms of the Application so as to be aware of our most current Terms & Conditions. If any new content, products or services become available, they will be considered as part of the Application and your use of them will be governed by our Terms & Conditions.
Services provided by Teampay

If you are a player, you authorise Teampay to provide the following services on your behalf (Services). Teampay will:

(a) accept and process online payments made through the Teampay platform;

(b) hold the funds received through online payments in a Teampay holding account;

(c) remit funds to the designated beneficiary by transfer less a service fee (these fees are inclusive of all credit card processing and banking fees);

(d) comply with the Teampay Privacy Policy.

2.2 Payment processing services on Teampay are provided by Stripe whose terms and conditions and policies can be found on its website at https://stripe.com/au/legal.
Using the Application

Registration

3.1 To be a player and/or satisfy a Payment Request, players must download the Application on their mobile device and complete registration, which may require you to:

(a) Confirm you are an Australian citizen or resident.

(b) Confirm you are over the age of 18 years

(c) Provide and/or verify identification details.

(d) Be the primary account holder for the mobile device on which the Application has been downloaded

(e) Provide Credit or debit Card Details

(f) Accept these Terms.

Use

3.2 As a player you must not:

(a) Create more than one Account for yourself, whether by using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified or incorrect personal details or otherwise;

(b) Use an anonymizing proxy;

(c) Infringe our Intellectual Property Rights;

(d) Do anything which may damage, disable, disrupt, impair or interfere with the proper operation of the Application or the Services (or any part thereof);

(e) Harass, intimidate, defame, bully, abuse or offend any other person or make a claim (either fraudulently or that is knowingly false against another person;

(f) Engage in any unlawful act that would breach any Australian legislation, including money laundering;

(g) Provide your mobile device to any other person who may access the Application without your consent;

(h) Disclose any passcodes, usernames or passwords used to access the Application;

(i) Refuse to cooperate with any request or investigation concerning your personal details;

(j) Use the Application in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us or another player;

(k) Use the information in the Application for marketing purposes or to send unsolicited emails, or assisting in sending, unsolicited email to third parties;

(l) Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, including the Application;

(m) Use any robot, spider, other automatic device, or manual process to monitor or copy the Application or any part thereof without our prior written permission; and/or

(n) Use any device, software or routine to interfere or attempt to interfere with the Application or the Services.

3.3 Players acknowledge that:

(a) You will only use the Application for team and/or player payments who have joined your team by their relevant Teampay team code.

(b) A parent or guardian can create and alias (child) player that will sit in the registered player’s account.

(c) We may need to take steps to validate your identity and/or authenticate your personal details, debit/credit card details.

(d) You are responsible for taking security measures to stop any unauthorised use of your mobile device.

(e) You are responsible for satisfying yourself that a payment request is correct.

(f) It is your responsibility to turn on your Teampay 'pin protection' code should you wish to authorise any payment request.

(g) You are responsible for the accuracy of all payments sent using the Application, including but not limited to the accuracy of the amount paid and the recipient’s details.

(h) The Credit Card details we hold for you are correct and up to date.

(i) Payments can only be made from a registered Australian debit or credit card.

(k) You must notify us immediately if:
1. (i) Your mobile device used to access and use the Application is lost, stolen or fraudulently accessed so that we can ‘place a stop’ on your Account;
  
  (ii) The phone number of your mobile device changes;
  
  (iii) If you become aware of any unauthorised transaction or error on your Account.
Mobile devices

You are responsible for using a mobile device with the capability to send and receive data and SMS. We are not responsible for any inability of a mobile device to access the Application, or any loss or damage to a mobile device resulting from your use or attempted use of the Application. We are unable to provide any advice specific to your mobile device, including data connection, charges by your telecommunications carrier, etc.
Fees & Charges

5.1 Any fees and charges that usually apply when making payments through your Financial Institution could apply to transactions made via the Application.

5.2 Our Teampay transaction fees are displayed in the Application when making a payment and are subject to change.

5.3 If a payment is declined, no transaction fees will be charged for the failed payment.
Payments

Generating and Making a payment

6.1 To make a payment through the Application, you must be a Registered Player and designated as the 'Team Captain'.

6.2 A team can have any number of 'Team Captains' and it is the responsibility of the players in that team to promote and demote the relevant captains to make payment.

6.3 The Team Captain:

(a) can generate a Team payment through the Application, by following the 'charge for next game' payment process and selecting any of the players that are listed under their relevant Teampay team code

(b) can generate a 'team sheet fee' payment, or a 'per player' fee payment, dependent on the organisation’s game fee model. The game fee model and subsequent amount charged (not including Teampay transaction fees) is decided upon by the organisation where the player participates at and is linked via their unique Teampay team code.

(c) is responsible for the process and subsequent selecting of any player payments from a team that is defined by the unique Teampay team code.

(d) will be responsible for making payment for the relevant game to the correct organisation at the relevant time.

6.4 It is each player's responsibility to ensure that their Teampay 'Pin Protection' is activated should they want to confirm payment before the request is made. If a Teampay 'Pin Protection' is activated, a payment request will not be processed until the relevant player authorises it with their pin number.

6.5 A player can generate and make their own payment when the organisation where they are playing operates a 'per player' fee model. If a player is making their own payment, it is the player's responsibility to ensure they are making payment for the relevant game or fee.

6.6 The organisation where the player participates may at their discretion, initiate and process the payments via their designated Teampay dashboard.

6.7 All payments are made through our payment provider, Stripe.
Refund Claims and Reversals

7.1 If a payment is generated in error such as overpayment or incorrect payment amount, the player should contact us within 30 days of the payment error on support@teampay.com.au and raise an electronic dispute, requesting a refund. We will require proof of the error and other details as required.

7.2 We will refund any Payment and the Transaction Fees associated with that Payment if a Payment is the subject of our error or an error of the Application, such as if we accidentally process a Payment twice or if we credit a Payment inconsistently with your instructions in place at the time of the Payment.

7.3 An organisation at their discretion can process a refund of a team payment due to a 'walk over' or forfeited game. If a refund is issued, all funds (including transaction fees) will be refunded within 48hrs from processing the refund. An organisation can only issue a refund to all payments within the team and cannot issue refunds to individual players.

7.4 Where we determine that a refund should be provided (either in whole or in part), we will effect process that refund within 48 hours of making the determination. Any determination is in our sole discretion.

7.5 Nothing in these Terms affect your rights in respect of making a claim with your Financial Institution for a Reversal.

7.6 We shall consider all Reversals and do such things and take such action as we deem appropriate in our sole discretion.

7.7 Players acknowledge that they are liable to us for the Fees calculated on a payment even if that payment is the subject of a Reversal or is later invalidated for any reason. If a payment is the subject of a Reversal or repayment of any kind, the player must reimburse or pay to us the amount of Fees calculated in respect of the affected payment and you agree that we may seek payment for the Reversal Fee within 7 days of the Reversal being effected, or take such other action as is appropriate.
History

8.1 You may access your transaction history through the “Settings” tab in the Application.

8.2 If you are concerned about any activity on your Account, you should immediately contact us on support@teampay.com.au and contact your Financial Institution.
Player’s responsibilities

Player's will cooperate fully with Teampay in connection with Teampay’s performance of the Services. Player's must notify Teampay of any change in telephone, e-mail or other contact information.
Our Rights

10.1 If we have reason to believe that you have engaged in any unlawful act or breached these Terms, we may take such actions as we deem, in our sole discretion, appropriate. This includes, but is not limited to, the following:

(a) Close, suspend, or limit your access to your Account.

(b) Contact other players who have sent you money, contact any relevant Financial Institution, including the provider of your authorised debit account or credit card issuer;

(c) Refuse to provide the Services to you;

(d) Put a hold on any Payments and Payment Requests until we investigate matter;

(e)We may take action against you.

10.2 We also reserve the right to terminate the provision of Services for any reason and at any time upon notice to you.
Teampay intellectual property

11.1 We own all intellectual property rights in the Application.

11.2 Any feedback, answers, questions, comments, suggestions, ideas or the like which you send to Teampay relating to the Services or Application will be treated as being non-confidential and non-proprietary. Teampay may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Limitation of liability

12.1 Teampay cannot guarantee continuous service, service at any particular time, information or content stored or transmitted via the internet. The Services, and their operation may be interfered with by numerous factors outside of our control.

12.2 Use of the Application and the Services is at your own risk. The Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind.

12.3 To the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

12.4 We will not be liable for any loss including special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, loss arising out of an act or omission on your part or damage to goodwill arising out of or in connection with the Application, the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise

12.5 To the extent that Teampay is able to limit the remedies available under these Terms, we expressly limits our liability for breach of a non-excludable statutory guarantee to the following remedies:

(a) the supply of the Services again; or

(b) the payment of the cost of having the Services supplied again.

12.6 We do not endorse any opinion, advice or statement made by any Registered User or other person on or through the Application.
Dispute Resolution

13.1 If a dispute arises out of or relates to these Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

13.2 Before a party seeks any external dispute resolution in relation to a dispute arising in connection with this Agreement these Terms or use of the Application, it will, use reasonable endeavours to resolve the dispute with the other party prior to commencing proceedings.

13.3 If the parties are not able to resolve a dispute in accordance with this clause 14 within 30 Business Days, the parties will endeavour to resolve the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

13.4 The mediation will be conducted in accordance with the ACDC Guidelines for Commercial Mediation(Guidelines) that are in operation at the time that the dispute is referred to the ACDC.

13.5 The Guidelines set out the procedures to be adopted, the process for selection of the mediator and the costs involved.

13.6 The terms of the Guidelines are hereby deemed incorporated into these Terms.

13.7 Despite the existence of a dispute between the parties with respect to these Terms, each party will continue to comply with its obligations under these Terms.

13.8 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.9 This entire clause will survive termination of this Agreement.
Miscellaneous

14.1 Entire Agreement - This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. Notices - All notices and demands required or contemplated hereunder by one party to the other shall be in writing. Teampay may give written notice to you via e-mail to the mail address listed in your Account.

14.2 Waiver - No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

14.3 Limitation of Actions - No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

14.4 Force Majeure - Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, pandemic, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

14.5 Competitors - If you are in the business of providing similar Services to us for the purpose of providing them to players for a commercial gain, whether it’s to business players or domestic players, then you are a competitor of ours. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Teampay will hold you fully liable for any loss that we may sustain and hold you accountable for all profits that you might make from breaching our intellectual property.

14.6 Misconduct - Without limiting any of the foregoing, you may report the misconduct of players, or any other party. We may investigate the claim and take appropriate action, in our sole discretion.

14.7 Severance - In the event that any provision of these Terms is determined to be unenforceable to any extent, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted by law, and shall not affect the validity and enforceability of any remaining provisions.

14.8 Governing Law - These Terms are governed by the laws in force in Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland.

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