GENERAL TERMS AND CONDITIONS

These general terms and conditions of use (“General Terms”) form a legal agreement between you and OneFlick Pty Ltd ACN 621 974 203 an Australian incorporated company trading as Billi.

The General Terms along with the various terms and conditions that can be accessed from the links below govern your access to and use of the services owned and operated by BILLI (“Services”).  Your use of the Services will be subject to the General Terms and all other applicable terms and conditions (referred to collectively as the BILLI Terms) as set out in these General Terms, and as amended by BILLI from time to time.

Subject to your compliance with the BILLI Terms you will be able to manage your account (“Account”) to access the Services we provide through the BILLI website (“Website”) and mobile applications (“Apps”).

The specific terms for such use are:

A reference to “you” or “your” in the BILLI Terms refers to you as a user of our Services. A reference to “we”, “us” or “our” refers to BILLI.

Please carefully read these General Terms and the other terms and conditions that relate to your mode of use before deciding whether to use any BILLI services.

1.     Key Terms

This section sets out the key rules on how you can use our Services:

  1. Our Services are provided for your use as a versatile and convenient payment platform.
  2. Improper use of our Services will not be permitted and, if warranted, your Account may be suspended or terminated.

2.     Our Policies and Terms of Use

A more detailed explanation of our General Terms is set out below. The BILLI Terms apply to all your interactions with BILLI. Unless otherwise stated, a reference to the BILLI Terms also includes any related policies.

Our Privacy Policy (https://www.billipay.com/legal/privacy) provides information on our collection, storage and use of the details and data you provide to us or place on our Services. That document also governs your use of our Services and forms part of the BILLI Terms.

Please carefully read each of these documents before deciding whether to join BILLI.

Your right to use our Services and to operate an Account is subject to your agreement to the BILLI Terms.

If you click on the “Agree” button, you agree to be bound by the BILLI Terms.

3.     Our Services

  • BILLI provides software that may be accessed through our Mobile Application.
  • Our Services also enable synchronisation of your information and data across multiple devices and it is implicit in your use of our Services that you grant a licence to BILLI to distribute copy, store, cache and transmit your information and data
  • Any exclusion of BILLI’s liability in the BILLI Terms includes exclusion of liability for any director, officer, member, employee, contractor, representative, agent, affiliates, subsidiary or joint venture partner, successor or assign of BILLI (“BILLI Entity”).

4.     Use of Our Services

  • If you interact with our Services as the user of an Account, you bear sole responsibility for the management and use of your Account and it is your responsibility to:
    1. manage how you create and use: your username; Passcode and the answers to any account identification questions;
    2. ensure that your registration details are true and accurate at all times;
    3. update your registration and instruction details from time to time when they change.
  • BILLI may exercise its discretion to alter, suspend, terminate or restrict our Services or a particular user’s use of our Services (“Service Restriction”).

5.     Our Fees

  • All fees payable to us are to be paid in Australian Dollars.
  • You must pay all fees that are payable to us in full and in a timely manner along with all applicable taxes.
  • We may collect any fees owed to us by using any payment method you have filed with us. If we are unable to collect our fees; we will commence recovery action and you may be liable for the recovery costs in addition to the outstanding monies owed.

6.     Account Closure and Cancellations

  • You can close your Account by providing BILLI with 30 days’ written notice of your intention to terminate.

7.     Variation

  • BILLI reserves the right to change its practices and/or the BILLI Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on our Services.
  • If you continue to use our Services after the BILLI Terms are varied, you are deemed to have agreed to be bound by the variation. It is therefore important that you review the BILLI Terms and BILLI’s policies regularly.

8.     Use of our Services

6.1   Subject to the BILLI Terms, you are granted a non-exclusive, limited and revocable licence to use the Services.

6.2    If you agree to the BILLI Terms you represent to BILLI that you:

  • are 18 years old or older; and
  • are capable of entering into a legally binding agreement.

9.     Termination

  • BILLI may refuse to approve or decide to terminate an existing Account or your use and access to our Services at any time and at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law).
  • We reserve the right to cease providing our Services at any time without notice.

10.     Prohibited Use

  • Our Services may only be used for legal and legitimate transactions and purposes.
  • You must not:
    1. create a new account to use our Services after BILLI has terminated your Account due to your breach of the BILLI Terms;
    2. act in any way that violates the BILLI Terms; or
    3. engage in any action or practice that reflects poorly on BILLI or otherwise disparages or devalues the reputation or goodwill of BILLI.

11.     Reserved Rights

  • BILLI reserves the right to investigate, at its own discretion, any activity that it considers may violate the BILLI
  • BILLI may refuse to approve or decide to terminate an existing Account at our sole discretion and that decision may be made without cause or notice (other than any notice required by any applicable law).
  • BILLI reserves the right to, from time to time and without seeking your consent:
    1. establish general practices and limits concerning use of our Services;
    2. change, suspend or discontinue (without notice and/or without incurring any liability) any aspect of our Services (or any Service features) at any time; and
    3. restrict access to all or part of any Services (without notice and/or without incurring any liability).
  • This agreement formed under the BILLI Terms will be deemed to terminate upon termination of your Account provided all outstanding fees you owe have been paid in full.
  • BILLI also reserves the right to terminate without notice any Account that has been inactive over a period of one years.

12.     Copyright

  • The trademarks, trade names, service marks and other BILLI logos and brand features, and product and service names are the property of BILLI (“BILLI Marks”).

You must not, without prior written permission, copy, transmit, display, perform, alter,

store, licence, distribute or otherwise use the BILLI Marks.

Other featured trademarks, words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.

  • BILLI owns all right, title and interest, including without limitation all Intellectual Property
  • Rights related to your use of our Services including the technology and brand of BILLI including implied licenses, but excluding any items BILLI has licensed from third parties.
  • You will not acquire any right, title, or interest in or to our Services except as expressly set forth in the BILLI

13.     Information Rights

  • Your rights regarding your information we collect or hold are detailed in the Privacy Policy which is incorporated into the BILLI Terms and those terms govern the collection, storage and use of that information.
  • So, please carefully consider our Privacy Policy before becoming a user of our Services or opening an Account.
  • BILLI may:
    1. transfer and disclose to third parties personally identifiable information about you in order to approve and activate your participation as a user of our Services or to facilitate a transaction;
    2. provide such information to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction;
    3. share non-personally-identifiable information about you, including URL and URL-specific statistics and other similar information collected by BILLI with the advertisers, business partners, sponsors of BILLI and other third parties; and
    4. provide information to courts or other authorities in response to a valid legal process or to establish or exercise the legal rights of BILLI or to defend against legal claims.
  • In particular, your use of our Services is conditional on BILLI being deemed to have a right to post or transmit data across various delivery platforms.
  • BILLI will not be liable to you for any disclosure of that information by any such third party.

14.     Electronic Communications

  • You agree that BILLI may use electronic means such as email and notices posted on our Services to communicate with you concerning:
    1. changes to our Services;
    2. amendments to the BILLI Terms;
    3. payment authorisations;
    4. notices or other disclosures;
    5. debt collection; and/or
    6. any other matter related to the BILLI Terms and/or our Services.
  • Please retain copies of any electronic communication by either saving a ‘soft’ copy or

printing the document.

  • You will be deemed to receive the communication once it is sent to you at your email

address or posted on our Services.

  • You agree to receive electronic communication even in circumstances where you may have a statutory right to receive such communication in paper form.
  • You are entitled to request an electronic communication to be resent or to order a paper copy, but BILLI reserves the right to charge a reasonable fee for such additional service.
  • Please promptly notify BILLI of any change to your email address.
  • You may also notify us if you withdraw your consent to receive electronic communication, however BILLI reserves the right to suspend or terminate your access to our Services if you withdraw that consent.

15.     Disputes

  • You release BILLI from any liability in relation to any claim, demand and damage (whether actual and/or consequential) regardless of the kind or nature of the liability, whether it is known or unknown or whether is arises out of or is in any way connected with a dispute between you or any other user/s of the Services.

16.     No Guarantee

  • Our Services are provided on an “as is” and “as available” basis.
  • Your use of our Services is at your sole risk and you agree that. BILLI not liable for how you manage your Account or how you elect to use our Services or the outcomes that result.
  • We do not guarantee the results you will achieve and BILLI takes no responsibility for your actions, choices or decisions, as they are your responsibility.
  • Any information provided on the Services is intended to assist you and that information is not, nor is it intended to be, a substitute for legal, financial or other professional advice.
  • Although BILLI intends to take reasonable steps to protect the integrity and reliability of our Services, BILLI does not warrant and BILLI does not give you any guarantee or representation that:
    1. our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
    2. there will be any operational stability, availability or continuation of our Services;
    3. any message, email, notice, post, answer or transmission of information will be successfully delivered or displayed; or
    4. there will be any continuation of the agreement formed under the BILLI
  • Although BILLI intends to take reasonable steps to protect the integrity BILLI warns you that our Services may be discontinued at the sole and absolute discretion BILLI or that our Services may be inoperable at times due to:
  1. down time and scheduled maintenance;
  2. outages to any public Internet backbones, networks or servers;
  3. equipment failure including the failure of third party local access systems; or
  4. Force Majeure Event.

17.     Limited Liability

  • To the maximum extent permitted by applicable law, BILLI disclaims all warranties, either express or implied, including but not limited to:
    • uninterrupted or continuous availability of our Services; and
    • implied warranties of merchantability, fitness for a particular purpose with respect to our Services under the BILLI
  • Under no circumstances (including but not limited to any act or omission on the part of BILLI) will BILLI be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (“Damages”).
  • BILLI has no liability for any Force Majeure Event.
  • Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.
  • Nothing in this Agreement limits or excludes our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by law.

18.     Local Laws

  • The BILLI Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into the BILLI Terms that cannot be excluded.
  • If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then liability of BILLI is limited to that extent.
  • If any provision in the BILLI Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
  • If necessary the invalid provision will be deleted from the BILLI Terms and the remaining provisions will remain in full force and effect.

19.     Validity

  • If any provision of the BILLI Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the BILLI Terms and will not affect the validity and enforceability of any remaining provisions.

20.     No Waiver

  • A failure by BILLI to act with respect to a breach by you or any third party does not waive the right of BILLI to act with respect to subsequent or similar breaches.

21.     Complaints

22.     Governing Law

  • The laws of New South Wales govern any agreement formed under the BILLI Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.

23.     Definitions

  • “Force Majeure Event” means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside BILLI’s control.
  • “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements of those rights, now or later that are in force and effect worldwide.

 

[End of General Terms]

OneFlick Pty Ltd t/as BILLI (ACN: 621 974 203) is a Corporate Authorised Representative (AR No. 001281992) of Flexewallet Pty Ltd A.C.N. 164 657 032 which holds an Australian Financial Services Licence (AFSL no. 448066). The information contained on this website is general advice that has been prepared without taking account of your objectives, financial situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your objectives, financial situation and needs. You should read and consider the relevant Product Disclosure Statement before making a decision about whether to purchase any financial products. OneFlick is the corporate entity that shall be authorised to provide financial services to people residing in Australia. It is not registered with regulators outside Australia and does not target residents of countries outside of Australia.