Awaiting legal review. This document has been drafted to match the facts on this website. It has not been reviewed by a lawyer. Delete this note once it has.
1. About these terms
This website at squarepay.com.au is operated by Squarepay Pty Ltd (ACN 159 307 150). In these terms, “Squarepay”, “we”, “us” and “our” mean that company, and “you” means anyone who uses this website.
These terms govern your use of this website. By using it, you accept them. If you do not accept them, do not use the website.
2. These terms are not your customer agreement
This website is marketing material. It is not the contract under which we provide payment services.
If you become a Squarepay customer, a separate written agreement governs the services we provide to you, including fees, settlement, liability, service levels and termination. That agreement prevails over these terms to the extent of any inconsistency. Nothing on this website varies it, adds to it, or creates any right to receive our services.
3. Nothing here is an offer or advice
The information on this website is general in nature and is provided for information only.
It is not an offer to provide any service, and it is not financial product advice, legal advice, tax advice or accounting advice. It does not take account of your objectives, financial situation or needs. Before acting on anything you read here, consider whether it is appropriate for your circumstances and get your own professional advice.
Product descriptions, rails, limits, timings and figures on this website are indicative. What we actually provide to you is set out in your agreement with us.
4. Who may use this website
Our services are provided to businesses in Australia, and this website is directed at an Australian audience. We make no representation that the material on it is appropriate or available for use anywhere else. If you access it from outside Australia, you do so on your own initiative and you are responsible for complying with your local laws.
If you use this website for a business, you confirm you are authorised to act for that business.
5. How you may use this website
You may view, download and print material from this website for your own internal business purposes, or for your own personal use, provided you do not remove any copyright or proprietary notice.
6. What you must not do
You must not:
- use this website for any unlawful purpose, or in breach of these terms;
- copy, reproduce, republish, sell, licence or commercially exploit any part of it, except as clause 5 allows;
- frame or mirror it, or present it as your own;
- scrape, harvest or systematically extract data from it, or use an automated tool to access it in a way that imposes an unreasonable load on our infrastructure;
- attempt to gain unauthorised access to this website, our portals, our APIs or any system or network connected to them;
- interfere with the operation of this website, including by introducing malicious code;
- probe or test the vulnerability of any of our systems without our prior written consent; or
- use any of our trade marks, logos or brand features without our prior written consent.
If you believe you have found a security vulnerability in any Squarepay system, tell us at hello@squarepay.com.au before you disclose it to anyone else. We will work with you in good faith.
7. Our portal and sandbox
This website links to our merchant portal and our sandbox portal. Access to those is granted to customers and their authorised users, and is governed by your agreement with us rather than by these terms.
You are responsible for keeping your credentials secure, for the acts of anyone who uses your credentials, and for telling us promptly if you suspect they have been compromised.
The sandbox is for testing. It does not move real money, and data you place in it is not production data. Do not put anyone’s live personal or financial information into it.
8. Intellectual property
Unless we say otherwise, we own or licence all material on this website, including text, graphics, logos, icons, images, layout, design and code. It is protected by the Copyright Act 1968 (Cth) and other laws.
“Squarepay” and our logo are our trade marks. Other trade marks, product names and business names on this website belong to their respective owners, and are used for identification only. Their use does not imply any endorsement of us by them, or of them by us.
Except as these terms expressly allow, nothing gives you any right in our intellectual property.
9. Material you send us
If you send us material through this website, including through a contact form or by email, you confirm it is accurate, that you are entitled to send it, and that it does not infringe anyone’s rights.
Do not send us confidential information through this website unless we have asked you to. We handle personal information in the way our Privacy Policy describes.
10. Other websites and services
This website links to websites and services operated by other people, including our API documentation host and our payment rail partners. We do not control them and we are not responsible for their content, their products or their privacy practices. A link is not an endorsement. Read their terms before you rely on them.
11. Availability and accuracy
We try to keep this website accurate and available, but we do not promise that it will be.
Material on this website may become out of date, and we are under no obligation to update it. We may change, suspend or withdraw all or part of this website at any time without notice. We do not promise that this website will be uninterrupted, timely, secure, or free of errors or malicious code, and you are responsible for your own protective measures.
To the extent permitted by law, this website and everything on it is provided on an “as is” and “as available” basis, without warranty of any kind.
12. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under the Australian Securities and Investments Commission Act 2001 (Cth), where that guarantee, right or remedy cannot lawfully be excluded, restricted or modified.
Where our liability can be limited but not excluded, our liability is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.
13. Our liability
Subject to clause 12, and to the extent permitted by law:
- we exclude all conditions, warranties and representations that would otherwise be implied into these terms;
- we are not liable for any loss or damage arising out of your use of, or your inability to use, this website, or your reliance on anything on it; and
- we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill or anticipated savings, however caused.
This clause does not affect our liability under your customer agreement, which that agreement deals with separately.
14. Privacy
Our Privacy Policy explains what personal information we collect through this website and our services, why we collect it, who we give it to, and how you can access or correct it. It forms part of these terms.
15. Changes to these terms
We may change these terms at any time. The current version is always at squarepay.com.au/terms, and the date at the top shows when we last changed it. Changes take effect when we publish them, and your continued use of this website after that means you accept them. Check this page from time to time.
16. General
If any part of these terms is found to be unenforceable, that part is severed and the rest continues to apply.
If we do not enforce a right under these terms straight away, that does not mean we have given it up.
These terms are the entire agreement between you and us about your use of this website.
17. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.
18. How to contact us
If you have a question about these terms, contact us:
- Email: hello@squarepay.com.au
- Post: 86 Easton Avenue, Spring Farm NSW 2570