Terms of Use

1. Application

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1. By accessing and using this website, you agree that you have read, understood and agree to be bound by these Terms of Use. These terms apply to our website (www.elepay.com.au), any site being part of internet domains registered by Elepay and any of our social media platforms (including LinkedIn, Instagram and Facebook) (collectively, "the Site" or "our Site”). The Site is operated and owned by Elevare Pay Easy Pty Ltd A.C.N. 634 728 591 ("Elepay", "us", "we" or "our").

2. Elepay reserves the right, at its sole discretion, to change or modify these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes.

3. You must be at least 18 years of age before you can access this Website and by using this website, you warrant that you meet this requirement.  

4. Before you continue using our website, we advise you to read our Privacy Policy regarding use, collection and storage of your personal information.

5. You agree to comply with these Terms of Use, any agreement you have entered into with Elepay and any applicable law. For the terms and conditions which apply to the products or services provided by Elepay to you, please refer to your specific agreement entered into with Elepay.

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2. Online Portals

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1. For our Customer Portal, Partner Portal and any QR Codes provided by us (collectively, “Online Portals”), Elepay will treat the person or entity whose entered into an agreement with Elepay as the account holder for that Online Portal. These Terms of Use extend to the use of our Online Portals.

2. We reserve the right, at our sole discretion, to determine ownership of our Online Portals, suspend, restrict or cease access (or use) or do any other thing we think fit with respect to our Online Portals to protect the rights, security or interests of Elepay (and other users) or to otherwise, comply with law.  

3. As a user of our Online Portal, you agree to keep your log-in credentials strictly confidential (including regularly updating your credentials and to allow access to your Online Portal only to authorised personnel). You will be solely responsible, and must indemnify Elepay, for all damages, expenses or losses incurred in relation to activities that occur in connection to your Online Portal account.  Such activities will be deemed to have been carried out by you as the registered user of the account.

4. You must provide accurate and complete information when registering for your Online Portal account and to update us as soon as possible should any of these details change.

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3. Intellectual Property

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1. All materials and content provided on this Site are the property of Elepay, including without limitation, all copyright materials, trade secrets, trademarks, and other intellectual property (e.g. text, video, photos, forms and graphics).

2. You agree you will not reproduce, copy, redistribute, republish, post, sell, modify or deal with such material in anyway way without the prior express written permission of Elepay.

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4. Clickwrap

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1. If you place an electronic signature, click-accept, click-sign-in, click-register or tick a box (or similar) then, by signing or clicking, you agree to the terms of our Privacy Policy, these Terms of Use and the terms and conditions which apply to that related agreement.

2. You agree that if you enter into a Customer Agreement (or similar) pursuant to a loan application with Elepay, the Customer Agreement is enforceable and binding notwithstanding any absence of signature from Elepay.

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5. Obligations & Prohibited Activities

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1. When using our Site and Online Portals, you agree not to (or allow any third party to) engage in any of the following activities:

   • submit, copy, publish or display any material which may be defamatory, obscene, harassing, threatening, offensive, deceptive or fraudulent;

   • illegal, malicious or potentially harmful activities (such as, ransomware attacks, email or internet fraud, identity fraud, hacking or password mining);

   • act in a manner which is perceived as damaging to Elepay or its reputation or goodwill;

   • impersonate any person or provide any false or inaccurate identity or information (or falsely state your affiliation with a person or entity) on our Site or Online Portals;

   • trace or engage in any other activity in relation to another user of our Online Portal, which may result in an interference with (or violation of) the other user’s right to privacy (without their prior and express informed consent);

   • disable, circumvent, prevent or restrict access to the Site or Online Portal by another user;   

   • to, or enable a third party to, upload, develop, distribute or transmit any virus, worm, Trogan Horse, bug, malware or computer code which may be potentially harmful, disruptive or invasive to the Site or Online Portal;   

   • allow or facilitate access to any unauthorised personnel or anyone under the age of 18 years; or

   • make any unauthorised use of any materials or intellectual property found on the Site.

2. You are required to notify us as soon as possible should you suspect there has been an actual or potential breach of these Terms of Use or our Privacy Policy.

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6. Marketing Material

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1. By providing your personal information or any other information via our Site or Online Portals, you agree to receive (from time to time) promotional and marketing materials from Elepay and its partners or affiliates. If you do not wish to receive such promotional materials or notices, then please notify us at any time or follow the subscribe function. Should you opt to unsubscribe, we will implement this within five (5) business days.

2. You agree that any promotional or marketing materials provided by Elepay is of a general nature and for marketing purposes only. Elepay makes no representation, warranty and assumes no warranty for the completeness and accuracy of the information contained in the Site or in such material.

3. Elepay does not guarantee any specific results or outcomes based on the use of its Site, products, services or information provided on its Site, Online Portals or marketing materials. We recommend you conduct your own research and seek independent advice.

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7. Third Party Links

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1. Our Site may provide links to external or third-party websites, resources or services and such links do not imply our endorsement of, or relationship with, these external providers.

2. You agree to click on the external links at your own risk and Elepay will not be responsible or liable for any information, software, materials, interaction or any other matter found in an external link provided on our Site.  We encourage you to familarise yourself with the terms of use applicable for these external providers.

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8. Disclaimer & Indemnity

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1. To the maximum extent permitted by law, we exclude all representations, warranties, conditions and liability (including direct and consequential damages) relating to our Site, Online Portals and marketing materials provided by us. This includes, without limitation, any loss of revenue or profit, loss of goodwill or legal costs.  You agree to access and use our Site, Online Portals and access any links provided by us at your own risk.

2. For loss or corruption of your data or personal information, our liability is limited to taking reasonable steps (as determined by Elepay) to restore your data.

3. We are not liable for any failure (whether partial or full) to perform any of our obligations under these terms which arise from an event or circumstance that is reasonably beyond our control (including any viruses on the Site).

4. You will be solely responsible, and agree to indemnify Elepay (and its employees, officeholders, partners, affiliates and agents), for all damages, costs, liability, expenses or losses arising out of, or in connection with, your use of the Site or Online Portal or violation of the terms of any applicable policies.

5. You understand that any information or details provided on the Site or Online Portal may be read or intercepted by third parties and Elepay will use best endeavours to ensure your data is secure, encrypted and confidential.

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9. Maintenance, errors or delays

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1. We strive to maintain and allow access to our Site and Online Portals 24/7. In certain circumstances, we may require some maintenance or downtime which may involve restricted or suspended access to our Site or Online Portals or potential loss of data.

2. Elepay is not responsible for any damages or losses incurred by users as a result of, or incidental to, any restriction, inaccessibility, delay, error or interruptions to our Site or Online Portals (whether scheduled or not scheduled), including damages from loss of data.

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10. General

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1. Applicable Law – these Terms of Use are governed by and shall be construed in accordance with the law of Queensland, Australia.

2. Pricing – all prices on our Site or Online Portals are expressed in Australian dollars and we reserve the right to correct any pricing or fee errors at any time.

3. Contact – If you have any query or feedback regarding these Terms of Use, please contact us on 1300 019 417 or send an email to: legal@elepay.com.au.