ACCOUNT TERMS AND CONDITIONS
These terms and conditions of use (“Account Terms”) form a legal agreement between you and OneFlick Pty Ltd ACN 621 974 203 an Australian incorporated company trading as BILLI and governs your use of the BILLI products and services.
This legal agreement between you and OneFlick trading as BILLI governs your use of the Accounts for making payments (“Account”) using the services provided by OneFlick Pty Ltd an Australian incorporated company trading as BILLI (“Services”). Your use of the Services will be subject to all applicable terms and conditions referred to collectively as the BILLI Terms as set out in our General Terms in the important documents, and as amended by BILLI from time to time.
Please carefully review these Account Terms before opening an Account or using the Services.
1.1. Account Use
- The Services are only available to you if you have applied for and activated an account.
- Once approved, your account can be activated through the activation link on the BILLI mobile phone application (“App”)
- Your use of the App and your Account will be deemed to confirm that you have:
- read and understood these Account Terms;
- agreed to be bound by these Account Terms; and
- agreed to comply with all applicable laws and regulations.
- Your right to use your Account may be refused if you are found to act outside the Account Terms.
- Subject to clause 8, once you click the “Confirm” button, the transaction will be locked in and you will be bound by the amount.
- A contract will be formed between you and us once your payment has been processed and the digital receipt appears.
1.2. Bank Transfer Payments
- A Bank Transfer payment must be made from your Account and not from a third-party bank account.
- If your order is cancelled, the transaction cost can only be refunded by your bank.
- Once we receive your Bank Transfer payment, your Account will be credited with the relevant funds within 48 hours.
- Please take care to enter the correct BSB number and account details when you make a bank transfer payment as it may not be possible to recover those funds once they are credited to an incorrect BSB or account number.
1.3. Privacy and security
1.4. 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 is 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:
- 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;
- there will be any operational stability, availability or continuation of our Services;
- any message, email, notice, post, answer or transmission of information will be successfully delivered or displayed; or
- there will be any continuation of the agreement formed under the BILLI Terms.
1.5. Limited Liability
- To the maximum extent permitted by applicable law, we disclaim 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 these Account Terms.
- Under no circumstances (including but not limited to any act or omission on our part) 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”).
- Our maximum liability to you in respect of each transaction is to refund the amount paid under that transaction.
- We have no liability for any Force Majeure Event and we warn you that our Services may be discontinued at our sole and absolute discretion or that our Services may be inoperable at times due to:
- your inability to recover funds transferred under Bank Transfer payment if you entered the wrong BSB and/or account number into our system;
- down time and scheduled maintenance;
- outages to any public Internet backbones, networks or servers;
- equipment failure including the failure of third-party systems such as international or local access systems; or
- a Force Majeure Event.
- A “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 our control.
- 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.
- 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 or operating the App at any time without notice.
- Please contact us by email firstname.lastname@example.org if you have a complaint regarding our Services.
1.8. Governing Law
- The laws of New South Wales govern any agreement formed under these Account Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.
[End of Account Terms]