The credit card payment service ("Service") is a service provided for Cadbury Fundraiser customers ("You"), via the website at www.ippayments.com.au/portal/payment/details.aspx or any replacement website notified to you from time to time ("Site"). The Service is powered and administrated by IP Payments Pty Ltd ABN 86 095 635 680 ("IP Payments") on behalf of Cadbury Fundraiser ("us", "we", "our").
We recommend that you carefully read these Terms before you use the Service. If you do not agree to these Terms, you should not use the Service.
These Terms operate in addition to any terms of trade you have previously agreed with us (for example, when you applied to become a Cadbury account holder). Those other terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and the other terms, these Terms prevail to the extent of the inconsistency.
Changes to these Terms
From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
We may change the Terms at any time by posting the changed Terms on the Site and by posting a notice to users on the homepage stating that a change has occurred. If you continue to use the Service after being notified of a change, you will be deemed to have accepted the change.
Use of the Service
You may use the Service to pay our invoices by credit card. The credit card you use must be a current and valid credit card and you must be lawfully entitled to use the credit card to make such payments (whether as cardholder or as authorised representative of the cardholder).
By entering your credit card details via the Payment Service, you authorise us to debit your nominated credit card for the settlement of the invoice(s) you nominate for payment.
You acknowledge that once a payment transaction has been authorised, it cannot be voided or stopped.
You are responsible for correctly entering all requested payment information. If incorrect information is entered, it may result in your invoice remaining unpaid.
You are also responsible for ensuring that sufficient credit is available on your credit card to permit the payment of the invoice(s) nominated by you. If a credit card payment initiated by you cannot be processed, or is declined or reversed for any reason (including for insufficient credit), the nominated invoices will remain unpaid.
If we believe that a payment transaction is incorrect, unauthorised, illegal, fraudulent or otherwise in breach of these Terms, we may decline or reverse the transaction and your nominated invoices will remain unpaid.
You are solely responsible for paying our invoices on time. If you fail to pay an invoice on time for any reason (including if the Payment Service is unavailable for any reason, or if you fail to correctly enter all requested invoice/payment method information, or a payment initiated by you is declined), you will be solely responsible for any additional fees and charges levied by us, your credit card issuer or any financial institution.
We will use reasonable efforts to ensure that: a. payment transactions that occur before 7.00pm AEST each Business Banking Day are processed on that Business Banking Day. b. payment transactions that occur after 7.00pm AEST on a Business Banking Day are processed on the next Business Banking Day. c. payment transactions that occur on non-Business Banking Days (weekends, public holidays, and bank holidays) are processed on the next Business Banking Day. ("Business Banking Day" means a day (other than a Saturday or Sunday) that National Australia Bank branches are open for business in Melbourne, Victoria.)
However, we cannot and do not guarantee that payment transactions will be processed within these timeframes and we will not be liable for any loss, damage or costs incurred by you or any other person as a result of transaction processing delays.
Further, we may refuse to process a payment transaction at any time, or may require additional information from you before the transaction is processed.
You may be issued with a payment reference number for payment transactions you make via the Service. Issue of a payment reference number does not mean that the transaction has been authorised or that your payment transaction has been successful.
We will not charge you for using the Service.
However, we will pass on to you, and you will be responsible for paying, any service or merchant fees charged by financial institutions or credit card issuers in respect of payments you make via the Service. These service fees will be added to the invoice amount you select to pay via the Service.
You will also be responsible for paying any other charges you incur in relation to the Service (including internet access charges and credit card service fees), as well as government duties, taxes and fees.
The Service may be accessed via www.fundraising.com.au or any replacement website we notify to you from time to time.
We will use reasonable efforts to provide access to the Service 24 hours each day, seven days per week. We will use reasonable efforts to notify you in advance of any planned disruptions to the Service by way of a service notice on the Site.
However, we cannot and do not guarantee the availability of the Service, and will not be liable for any loss, damage or costs incurred by you or any other person if the Service is unavailable at any time.
In addition to our obligations at law, we will use all reasonable efforts to ensure that the Service is secure and that the information you provide via the Service is kept confidential and secure. Further information about the security measures implemented by IP Payments for the Service is below: IP Payments ensures confidential information remains secure through the use of multiple layers of security and industry standard encryption technologies. From the moment you submit your order, confidential data including credit card details are encrypted using 128-bit SSL certificates, and in accordance with Visa & Mastercard standards your credit card details are never stored in clear text. You can confirm you have established a secure SSL connection by looking for the locked padlock in the bottom status bar of your browser. You can confirm the validity of the certificate by double clicking the padlock and checking the certificate: a. Has been "issued to" www.ippayments.com.au, b. "Issued by" Thawte Premium Server CA, and c. The date range is valid. If the certificate appears invalid then do not proceed with the transaction, take a screen shot of the certificate and email email@example.com for further assistance.
However, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot and do not guarantee that information you submit via the Service will not be monitored, read, or intercepted by others, and we will not be liable for any loss, damage or costs incurred by you or any other person if your information is monitored, read or intercepted in this way.
Our liability to you
Neither we nor our related companies accept any liability (whether arising from negligence or otherwise) for any loss, damage, costs or expenses that you may suffer or incur as a result of using or accessing the Service or the Site, except to the extent that we are required by law to do so.
In particular, except to the extent required by law, we and our related companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Service.
Except as expressly stated in these Terms, we and our related companies do not give any warranties (whether express or implied) regarding the Service or the Site.
To the maximum extent permissible by law, we and our related companies also exclude all liability to you for breach of any term, condition, or warranty implied by law into these Terms. If liability for breach of an implied term cannot by law be excluded but can be limited, then we and our related companies also limit our liability to you to the re-supply or payment of the cost of re-supplying the relevant goods or services.
Your liability to us
To minimise the costs associated with operating the Service, we also require that you take responsibility for any harm we or our related companies suffer as a result of your use of the Service.
You therefore agree to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Service by you or someone using your username and password.
We may terminate or suspend the Service or your access to the Service for any reason at any time. We may attempt to notify you in advance, but we are not obliged to do so.
If the Service or your access to the Service is terminated or suspended: a. You will need to make alternative arrangements to pay any unpaid invoices, which must still be paid by the required payment date. b. You will also still be responsible for any fees and charges you incurred in relation to the Service before the termination or suspension date.
We and our licensors own all intellectual property rights relating to the Site or the Service, including all intellectual property rights in any pictures, catalogues, trade marks and other content appearing on the Site. This content is provided for reference purposes only and must not be copied or otherwise reproduced without our prior written permission.
We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
These Terms (and your dealings with us) are governed by the law in force in the State of Victoria, Australia. You and we each submit to the non-exclusive jurisdiction of the courts of that State.