YouPay is committed to respecting your rights to privacy in accordance with all relevant legislation.
Should you not agree to any terms set out in this document, we ask that You refrain from accessing YouPay’s website and using YouPay’s Services.
In this document:
- a reference to YouPay, we, our or us means YouPay Pty Ltd ACN 644 120 990; and
- a reference you or your means you, the person whose personal information has been provided to YouPay and/or who accesses YouPay’s website.
Personal Information is any information about You where Your identity is apparent, or can reasonably be ascertained, and may include Sensitive Information.
Policy means that part of the Terms and Conditions and Privacy in paragraphs 12 to 19.
Sensitive Information is information that may include, but is not limited to the following:
- date of birth;
- residential or postal address;
- email address;
- telephone number;
- any information gathered from requests, feedback or complaints You may make; and includes Sensitive Information as that term is defined in the Privacy Act.
TERMS AND CONDITIONS – OPERATIVE PROVISIONS
- The website at the URL https://youpay.ai/, https://youpay.link, app.youpay.ai, youpay.co and/or youpay.me (Website) is owned and operated by YouPay Pty Ltd ACN 644 120 990 of 15b, 10 Old Chatswood Road, Springwood QLD 4127, Australia. The website at the URL https://youpay.ai/ (Website) is owned and operated by us.
- Your use of the Website is conditional upon your agreement to, acceptance of and compliance with these Terms and Conditions. Your use of and/or access to the Website constitutes your agreement to be bound by these Terms and Conditions.
- These Terms and Conditions are in addition to any other agreement you may enter into with YouPay, or any third party introduced by YouPay, and shall continue to be binding on you notwithstanding any other such agreement you may enter into.
YOUPAY INTELLECTUAL PROPERTY
- All information, text, material, graphics, software and photographs on the Website (Materials) are property of YouPay, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The Materials are protected by Australian and international copyright laws.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by YouPay.
- The name “YouPay”, and related logos are trademarks of YouPay Pty Ltd.
- You must not use any YouPay trade marks, logos or other Materials for any purpose without the prior written consent of YouPay.
- You may, subject to specific restrictions set out in these Terms and Conditions, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website.
- The contents on the Website (Content) are for general information purposes only. Any use of our Materials or information by another person or organisation is at the user’s own risk. Further, YouPay does not warrant or make any representations as to the expected results or outcomes of users of Content or the Website generally.
- YouPay and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
- You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate or otherwise provide over, or whilst using, the Website.
- You agree to use the Website, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content contained on the Website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these Terms and Conditions) our Content.
- You also agree not to, and not to seek to:
- circumvent, remove, alter, deactivate, degrade or inhibit any of the Content protections in the Website;
- use any robot, spider, scraper or other automated means to access the Website;
- insert any code or product or manipulate the Content of the Website in any way; or
- use any data mining, data gathering or extraction method on or in relation to the Website.
- You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.
- If membership of YouPay is required in order to use the Services we may terminate your membership (as outlined in paragraph 10) or restrict your use of the Website at any time if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the Website.
- You must be over the age of 13 years to use the Services.
- Persons between the age of 13 and 18 years (Underage Users) may only use the Website and Services with parental/guardian permission or consent. Consent for an Underage User to access the Website and Services must be provided by the Underage User’s parent or guardian upon the Underage User registering as a member. You warrant that any use of the Website by an Underage User will be with the consent of a parent or guardian of that Underage User.
- Use of the Website and any service offered by YouPay is governed by these Terms and Conditions and any relevant terms of third party websites that are involved in the sale or provision of the goods and/or services.
- In order to access and use the Website you may be required to register for a YouPay account and have access to the internet on the device(s) on which you wish to use the Website and any affiliated websites.
- If you choose to purchase goods and/or services using the YouPay service agree to comply with these Terms and Conditions as well as the terms and conditions of any merchant or affiliated websites. We recommend that you carefully review applicable terms and conditions of any Merchant or affiliated websites.
DISCLAIMERS AND LIMITATION OF LIABILITY
- To the fullest extent permitted by law:
- all information and Materials on the Website are provided “as is” and without warranty of any kind, express or implied;
- all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
- we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or Materials on the Website; and
- we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data.
- Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited in the case of services supplied by us to:
- the supply of the goods or services again; or
- the payment of the cost of having the goods or services supplied again.
- Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies, directors, officer or employees be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any Content or other Materials contained on the Website.
ACCESS AND COMMUNICATION
- YouPay does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.
- YouPay provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release YouPay from all applicable liability and responsibility.
- You are solely responsible for the protection of any usernames and passwords you may use in relation to the Website or any account you may have with YouPay. We are not responsible for any damage or unauthorised access to information arising from misuse of your passwords, usernames or your own or third party computer equipment or networks.
- You agree that you shall not use the Website, or attempt to access the Website to:
- upload or use the Website to provide any material to YouPay which is false, misleading or deceptive;
- post or upload any material which is libellous, defamatory or which discloses private or personal matters concerning any person, or any material, message, data, image or program which is indecent, obscene or pornographic;
- impersonate any other person;
- post or transmit any material, message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
- interfere with other users use of the Website;
- post or transmit any file or data which contains viruses or any other contaminating or destructive features;
- post or transmit any message or material which is harmful, threatening, abusive or hateful;
- post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
- send any unsolicited mass emailing to other users of the website; and/or
- use the Website to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.
You agree to fully indemnify and hold harmless YouPay, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms and Conditions by you; or
- your access or use of the Website.
- Access to any website which may be reached by the hyperlinks on the Website (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
- Accessing a Linked Site from the Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of YouPay as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. YouPay will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a linked site.
- The ability to access a Linked Site does not:
- constitute express or implied authority to infringe copyright in any material contained on the Linked Site; and/or
- imply any connection, sponsorship or affiliation between the Linked Site and this Website or YouPay.
VARIATION AND TERMINATION
- These Terms and Conditions shall continue to have full force and effect until varied or terminated by YouPay.
- YouPay reserves the right to terminate your access to the Website and consequently these Terms and Conditions at any time for any reason.
- The Terms and Conditions relating to intellectual property, your licences to YouPay, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of these Terms and Conditions.
- YouPay reserves the right to vary these Terms and Conditions at any time by posting new or varied Terms and Conditions on the Website. You are responsible for reviewing any new or updated Terms and Conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated Terms and Conditions.
- All references in these Terms and Conditions to “YouPay” include its employees, contractors, directors, officers, servants, agents and related entities.
- The agreement constituted by these Terms and Conditions is governed by the laws of the State of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the Terms and Conditions which shall continue to have full force and effect.
- Our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights in respect of any other or further breaches by you of these Terms and Conditions.
- If you have any questions regarding the Website or these Terms and Conditions you may contact us at [email protected].
ABOUT THIS POLICY
- This Policy explains the measures we have taken to implement the requirements of the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles and where applicable, other data protection laws.
- This Policy outlines the Personal Information collection practices utilised by YouPay, how that information is collected, used and disclosed and your rights in relation to your Personal Information.
- This Policy covers Personal Information collected:
collectively YouPay’s services (Services).
- directly on our website, mobile application and via email; and/or
- in connection with the purchase goods and/or services from a third-party merchant (Merchant) using YouPay’s software and applications (YouPay App),
- Personal Information may also be collected from individuals who access and use the Services through a Merchant’s website or mobile application.
- We endorse fair information handling practices and uses of information in compliance with our obligations under the privacy laws in force in Australia from time to time. Any information provided by you, including identification of individuals, will be used only for the purpose, or purposes, intended and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.
- YouPay will treat all Personal Information in a manner consistent with this Policy unless you have provided your express consent otherwise.
- If there is any inconsistency between the Privacy Act and this Policy, this Policy shall be read and interpreted to comply with the Privacy Act.
- Your use of the YouPay App and the Services is also subject to the Terms and Conditions as set out below.
UNDERAGE USER INFORMATION
- We understand that users of the Services, as well as individuals who may use the YouPay App and register for the Services, may be Underage Users.
- YouPay does not intentionally collect any information from Underage Users without the consent of a parent or guardian and we will never intentionally or knowingly, share or use the Personal Information or Sensitive Information of Underage Users.
- If you believe an Underage User has provided Personal Information or Sensitive Information and wish that for it to be deleted, please contact our Privacy Officer via the contact details outlined in paragraph 19, and we will delete it within 30 days (subject to any requirement to retain that information by law).
COLLECTION OF PERSONAL INFORMATION
Collection of Personal Information
YouPay collects Personal Information about you, which you provide to us as a user or prospective user of the Services and the YouPay App.
How YouPay may collect Personal Information
Personal information will be typically collected by YouPay, when:
- you contact us through an online form on the YouPay App or by email;
- you register for a YouPay account on the YouPay App or YouPay’s Website;
- you purchase goods and/or services using the Services on the YouPay Website or the YouPay App or on the website or mobile application of a Merchant;
- on phone calls or other communications between you and us; or
- you contact or communicate with us by any other means.
Other ways YouPay collects Personal Information
- Personal Information will also be collected indirectly through Google Analytics, Facebook Pixels and other common user tracking solutions to capture user session data.
- Our YouPay App automatically collects anonymous usage data about visitors, including the URL that the visitor came from, the browser being used and the IP address. This data is utilised to improve the services of the YouPay App and YouPay’s Website and does not include any Personal Information.
- YouPay also reserves the right to collect anonymous usage data through other websites and online systems in order to provide our customers with a better user experience. This data does not include any Personal Information.
- ‘Cookies’ are alphanumeric identifiers that are stored by the web browser on a computer’s hard-drive that enable our system to recognise a visitor to our YouPay App. This helps YouPay to track basic visitor information for the purposes of optimising the design of our systems and marketing activities.
- Most web browsers automatically accept cookies and this function can be disabled by changing the browser settings of the user.
- The YouPay App may contain links to other websites which are not hosted or operated by YouPay. YouPay is not responsible for the privacy policies of such other websites and you should independently review the privacy policies on such websites before using those websites.
USE OF PERSONAL INFORMATION
- YouPay uses Personal Information in the following ways:
- to assist us in providing the Services to you;
- to manage your account with us; and
- marketing and remarketing purposes.
- We may also use Personal Information we collect for related purposes such as:
- to record information about your usage, preferences and behaviour in relation to the Services, as well as any feedback provided by you;
- when combined with the deidentified Personal Information of other users (in which case such combined information will no longer be personal) to analyse and develop products and services that suit our users;
- to perform statistical analyses of user behaviour;
- to optimise marketing activities, user experience, and Content;
- any other use for which we obtain permission from you.
- We do not pass on any Personal Information to a third party except in accordance with this Policy.
- After you use our Services, any payment details and/or credentials you have used to purchase the goods and/or services from the Merchant will not be stored, kept or maintained by us.
- As a user of the Services and/or the YouPay App, you may occasionally receive email, promotional material or other updates from us about new information, briefings or products or services being offered by YouPay, or any of its related companies or business partners, or Merchants along with newsletters and any noteworthy changes to the YouPay App. You may always unsubscribe and opt out from receiving these promotional/marketing update messages.
DISCLOSURE OF PERSONAL INFORMATION
- Other than disclosure to service providers and Merchants (explained below) or as required by law, we do not give Personal Information to third parties unless we have disclosed the use in this Policy or you have expressly consented for us to do so.
- We may share Personal Information with employees, service providers, suppliers and affiliates of YouPay on a need to know basis to allow the provision of the Services to you or as requested by you.
- We may share Personal Information with Merchants for marketing purposes, including via Google Analytics and Facebook pixels. Access to and use of Personal Information by Merchants is governed by their own privacy policies, the Privacy Act, General Data Protection Regulation and any other relevant law. Merchants are required to provide you with access to their terms and privacy policies.
- Occasionally and if permitted by law, YouPay might also use Personal Information for other purposes or share Personal Information with another organisation because:
- we believe it is necessary to protect your rights, property or personal safety;
- we believe it is necessary to do so to prevent or help detect fraud or serious credit infringements – for example, we may share information with credit reporting agencies, law enforcement agencies and fraud prevention units; or
- we believe it is necessary to protect the interests of YouPay – for example, disclosure to a Court in the event of legal action to which YouPay is a party.
- In the event that the YouPay App is sold by YouPay, the data, including your Personal Information may be transferred to the purchasing entity which would be bound to comply with the Privacy Act in relation to the access, storage and use of your Personal Information. Further, in circumstances where YouPay is merged with another entity, the data, including your Personal Information, may be transferred to that entity, which would be bound to comply with the Privacy Act in relation to the access, storage and use of your Personal Information. Your Personal Information would not be disclosed to a buyer in either circumstance, other than as a part of the transfer of all data related to the YouPay App to that buyer.
LIMITATION OF LIABILITY
- YouPay is not liable for any actions or activities the Merchant does or undertakes in respect to its own privacy policies, the Privacy Act, General Data Protection regulations and any other relevant law.
- In addition to paragraph 17(a), YouPay is not liable for any actions or activities of the Merchant that contravene the Merchant’s own privacy policies, the Privacy Act, General Data Protection regulations and any other relevant law.
CONFIDENTIALITY AND DATA SECURITY
- All Personal Information collected is stored on secure servers in Sydney, Australia and other data centres worldwide and will be transmitted overseas for the purposes of storage on these servers.
- To prevent unauthorised access to Personal Information while it is in transit from you to YouPay, we use a 256 bit SSL encryption to securely encrypt the data.
- We take all reasonable steps to manage data stored by us to ensure data security and to prevent the loss, misuse or alteration of Personal Information.
- Notwithstanding paragraph 18(c), YouPay is not responsible for any third-party access to Personal Information as a result of:
- interception while it is in transit over the internet;
- an unpatched vulnerability, a zero-day vulnerability, or an attack within 48 hours of a vendor releasing a patch or update;
- spyware or viruses on the device (such as a computer or phone) from which you access our YouPay App or otherwise contact us; or
- as a result of your failure to adequately protect your username or password (if applicable).
- YouPay is also not responsible for any losses, expenses, damages and costs, including legal fees, resulting from such third-party access.
- If we have reasonable grounds to believe that your Personal Information that we hold may be subject to unauthorised access or disclosure (Eligible Data Breach), we will investigate and assess the suspected Eligible Data Breach to determine whether the Eligible Data Breach is likely to result in serious harm to you (Notifiable Data Breach). If a Notifiable Data Breach occurs, then we will notify you and the Australian Information Commissioner as soon as practicable after we become aware of the Notifiable Data Breach in accordance with our obligations under the Privacy Act. We will comply in every way with our obligations under Part IIIC – “notification of eligible data breaches” of the Privacy Act.
YouPay Privacy Officer can be contacted at [email protected] or via postal mail addressed to 15b, 10 Old Chatswood Road, Springwood, QLD 4127 AUSTRALIA.