Welcome to go.splitpayments.com.au (the Application). The Application is owned and operated by Split Payments Pty Ltd can 604 057 598 (Split Payments/we/us/our).
1.1 Split Payments respects your privacy and will not share your information, however as part of registering with Split Payments we may use your logo for marketing purposes.
2. Using Split Payments
2.1 Your General Conduct
2.1.1 You must not use the Application or the Platform if you are under the age of 18.
2.1.2 While using the Application and the Platform you must not:
- distribute viruses or other technologies that may harm Split Payments or the interests or property of Participants;
- infringe any laws or any third party rights;
- breach any policy Split Payments has uploaded to the Application or made known to you by other means. These policies may change from time to time and it is your responsibility to remain familiar with the most current versions;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Split Payments staff; or
- use the Application or the Platform in any manner which could damage, disable, overburden, or impair the Application or the Platform or interfere with any Participant’s use and enjoyment of the Application or the Platform.
2.1.3 You must immediately notify us if you or any Recipient suffers an Insolvency Event.
You warrant that all information and instructions you provide to us, whether via the Application, the Portal or otherwise, is accurate, true, complete and not misleading (including misleading by omission). We will rely on the truth, accuracy and completeness of such information and material and may suffer loss and damage in the event it is inaccurate, false, incomplete or misleading.
If you are introduced to the Platform or the Application by a third party, that third party may have received a commission for the introduction.
You are responsible for ensuring that your activities on the Application and the Platform are lawful.
Without limiting our other remedies, we may limit, suspend or terminate your Registered User Account, prohibit access to the Application, Platform and any other ancillary Split Payments services, delay or remove hosted content, and take technical and legal steps to keep you off the Application or the Platform for any reason.
Split Payments makes no, and expressly disclaims any, representation or warranty that the Platform or the Application will be available or secure for use by you at all times or at any particular time.
Where possible, we will notify you in advance of the time and duration of any suspension of the Platform or access to the Application, but do not represent or warrant that we will do so on every occasion, on any particular occasion or any occasion at all.
It is your responsibility to take into account any possible interruption when providing Instructions to us. We are not responsible for any damage, fees, costs or liabilities incurred by you due to a failure to give effect to a Transaction on time or at all. It is your responsibility to ensure that you comply with all contractual obligations that you have to Recipients and other third parties.
2.7 Disclosure of your information
We reserve the right at all times to disclose any information or material you provide via the Portal as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
3. Registration and Account
3.1.1 Only Registered Users, who have been approved to hold a registered account with us, may use the Platform.
3.1.2 You may apply to Split Payments to become a Registered User, by completing the online application form.
3.1.3 Only parties with a current ABN may be, or continue to be, a Registered User. You must immediately inform us if you cease to hold an ABN, or cease to be eligible to hold an ABN.
3.1.4 In order to register for an account you must meet any credit and other criteria specified by us.
3.1.5 Registered Users will create a unique password to access the Platform. You must ensure that you must keep your password secure, and only parties authorised to issue binding Instructions on behalf of the Registered User are provided with access to the password.
3.1.6 Every application to become a Registered User is deemed to include an undertaking that all information provided to us is true, accurate and complete in all respects and that you will notify us promptly if any information you have provided to us changes or is no longer true, accurate or complete.
3.1.7 We may accept or reject an application in our absolute discretion by notice to you. If we accept your application you will become a Registered User and will be given access to a registered account.
3.2 Instructions and Transactions
- In order for us to facilitate a Transaction, you must provide us with full and complete Instructions as required by the Portal, including the:
- amount of the Funds to be debited from Registered User Account;
- the amount(s) to be transferred to each Recipient using the debited Funds;
- the date that the Funds are to be debited and transferred (which will be on the same Business Day); the details of the Recipient(s); and
- the details of the Recipient Account(s).
- If you need to cancel or alter your Instructions prior to a Transaction being completed, you may do so via the Platform. However, once a Transaction has commenced, or the Platform otherwise indicates that the Instructions are final, Instructions are unable to be changed and we will debit and transfer the Funds as set out in the Instructions and clause 3.2.1(b).
- Without limiting clause 4, we are not liable for any direct or indirect loss that you suffer (including fees, costs, penalties loss of profits or any other economic loss, data loss, damage to reputation and brand value, loss of opportunity, additional borrowing loss and effects of any insolvency), due to:
- your inability to change or cancel Instructions in the circumstances described in sub-clause (b), above.
It is your responsibility to ensure that you provide complete, up to date and accurate Instructions at the time of submission.
- We may specify:
- a maximum number of Recipients for each Transaction;
- a maximum and minimum value for each Transaction, and Funds to be transferred to each Recipient; and
- a maximum value for all Transactions per day;
from time to time.
By providing Instructions to us, you authorise us to direct debit the amount of the Funds from Registered User Account, and to transfer the funds to the Recipient that you specify, in accordance with the Instructions.
3.2.3 General requirements
- Recipients must have a valid ABN at the time the relevant Transaction is to occur.
- Funds will not be transferred outside of Australia, and will only be transferred in Australian currency.
- The Registered User Account and the Recipient Account must be Australian bank accounts with valid and verified “Bank State Branch” and account numbers at the time the Transaction is to occur.
- Complete and accurate Instructions must be received by us at least 1 Business Day prior to the scheduled date of the Transaction.
3.2.4 We do not hold Funds
Immediately after being deducted from the Registered User Account, and immediately prior to being transferred to the Recipient, the Funds will pass through our operating account. However, we will not hold the Funds for any length of time.
The Instructions must specify that all Funds debited from Registered User Account are to be distributed in full to one or more Recipients. We are unable to hold moneys that we debit form Registered User Account for transfer on a later date or as part of a different transaction, or combine an amount debited from a Registered User Account as part of one Transaction, to a Recipient forming part of another Transaction.
3.2.5 Rejection of Instructions
We may reject Instructions for any reason. We will notify you of any rejection via the Portal.
3.2.6 Notification of completed Transactions
We will notify you, via the Platform, of all Transactions successfully completed. The notifications will be provided daily, in respect of all Transactions completed the previous Business Day.
If the parties to a Transaction would like the Transaction refunded, and both parties authorise the refund via the Platform, we will effect the refund. If both parties do not agree to the refund, including the amount, via the platform, we will not facilitate the refund of any Funds transferred as part of a Transaction.
3.2.8 Sufficient funds
You must ensure that the balance of the Registered User Account exceeds the amount of all pending Transactions, all Fees due under clause 3.3, and any other amounts owed to us.
You are responsible for all dishonour and other fees, costs and expenses we may incur as a result of there being insufficient funds in Registered User Account to give effect to a Transaction or satisfy the Fees due to us.
3.2.9 Relationship with you
The relationship between us and you as a Participant is not a trust or fiduciary relationship.
You are responsible for complying with any contractual or other relationship you have with the Recipient. We are not party to that arrangement or liable in any way in respect of your compliance with that agreement.
In the event of a dispute between you and the Recipient, whether related to any Transaction or otherwise, you must resolve it directly with the Recipient.
3.3 Fees and deductions
3.3.1 Our Fees
For each Transaction that is completed, you must pay to us a fee comprising [#]% of the relevant Funds plus $[#] (all plus GST) (Fee), at the time the Transaction is effected. We may alter the applicable Fee at any time on 7 days’ notice to you.
The Fee is also payable if a refund is facilitated in accordance with clause 3.2.7.
You authorise us to direct debit all Fees owed to us at the time the relevant Transaction or refund is effected, from your Registered User Account.
We will provide you with weekly invoices setting out all Fees paid in the previous completed week.
You must pay interest on any moneys owed to us that are not paid as at the due date. Interest accrues daily, is capitalised and is payable on demand. Interest will accrue at the rate for the time fixed under s2 of the Penalty Interest Rate Act 1983 (Vic).
3.3.4 Other Deductions
You authorise us to direct debit funds from your Nominated Account in the following circumstances:
- where you owe us money for any reason;
- where required or authorised by law.
3.4 Closing your Split Payments Account
You may close your Registered User Account, and cease to be a Registered User, at any time, on written notice to us, subject to you not having any:
3.4.1 fees owing to us that have not been paid; or
3.4.2 outstanding Instructions that cannot be cancelled in accordance with clause 3.2.1.
4.1 Limitation of liability
4.1.1 To the fullest extent permitted by any applicable law, Split Payments excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees).
4.1.3 If you have a dispute with a Recipient, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and natures, known and unknown, arising out of or in any way connected with such disputes.
- the supply of services again; or
- payment of the cost of having the services supplied again.
4.2.1 You indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs (on a full indemnity basis), made against us by any third party (including a Recipient) due to, arising out of, or in connection with your use of the Application or the Platform.
4.2.2 You indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any loss or damage suffered or incurred by us in connection with:
- the use of the Application or the Platform by you or your representatives (including any party using the Platform using your password);
- the negligent act or omission of you or your representatives (including any party using the Platform using your password).
5. Intellectual Property
If you post on or via the Application or the Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free licence (including right of sublicence) to use, adapt and modify any intellectual property rights in the content for any reason and in any medium.
6.1 Definitions and interpretation
In these Terms and Conditions, unless the context otherwise requires:
- ABN means a unique Australian Business Number, issued by the Australian Taxation Office;
- Business Day means between 9:00am and 5:00pm on Monday to Friday excluding public holidays in Sydney, New South Wales;
- Funds means the amount to be direct debited from the Registered User Account and paid to Recipient(s), as specified in the Instructions;
- Insolvency Event means any of the following events:
- a Participant, being an individual, commits an act of bankruptcy;
- a Participant becomes insolvent;
- a receiver, receiver and manager, administrator, controller, provisional liquidator or liquidator is appointed to a Participant or a Participant enters into a scheme of arrangement with its creditors or is wound up;
- a Participant assigns any of its property for the benefit of creditors or any class of them;
- an encumbrance takes any step towards taking possession or takes possession of any assets of a Participant or exercises any power of sale; or
- a Participant has a judgment or order given against it in an amount exceeding $10,000 (or the equivalent in another currency) and that judgment or order is not satisfied or quashed or stayed within 20 Business Days after being given;
- Participant means any party using the Application and/or the Platform;
- Recipient means the merchant that the Registered User has nominated to receive Funds in the Instructions;
- Recipient Account means the Australian bank account of the Recipient specified in the Instructions;
- Registered User means a merchant(s) that has a registered to become a user on the Platform, in order to have money transferred to Recipients;
- Registered User Account means the Australian bank account of the Registered User that you authorised us to direct debit Funds from, in order to facilitate a Transaction;
- Application means the website located at the uniform resource locator splitpayments.com.au, and includes any part of that website; and
- the singular includes the plural and vice versa;
- where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- headings are for convenience and do not affect interpretation;
- a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
- a reference to a time is a reference to Australian Eastern Standard Time or Australian Eastern Daylight Time, whichever is appropriate;
- no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it;
- the words “including”, “for example”, “such as” or other similar expressions (in any form) are not words of limitation;
- a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns; and
- a reference to a person means a natural person or body corporate.
6.2 Set off
6.3 Assignment and Novation
6.4.1 Legal notices must be served to Split Payments at the following address:
Split Payments Pty Ltd, ACN 604 057 598, 6/11 Fletcher St, Byron Bay New South Wales 2481.
- sending you an electronic mail message via the Portal, or to an electronic mail address nominated by you; or
- posting the notice to the Application.
Such notice takes effect and is deemed served from the time the electronic mail message leaves the Split Payments system or is visible on the Application, as the case may be.
If any provisions of these terms and conditions are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.
6.9.2 Any new terms and conditions take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.
6.10 Waiver and Exercise of Rights
6.10.2 No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
6.11 No Relationship
We do not have a trust relationship with you, and we do not owe you any fiduciary duty.
6.13 No Merger
6.14 Rule of Construction
6.15 Links to Third Party Sites
The Application may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use of the Linked Site or any association with its operators.
Split Payments will charge GST on its Fees.