Merchant Terms of Service - Payminty

Acceptance of Terms and Conditions.

These terms and conditions are the terms on which access to the Payminty Platform is provided and you use and receive the benefit of the mobile payment processing service provided by Payminty. By registering to become a Payminty Registered User with Payminty, you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the Payminty Platform.

The Payminty Service will evolve over time based on user feedback. These terms are not intended to answer every question or address every issue raised by the use of the Payminty Service. Payminty reserves the right to change these terms at any time, effective upon the posting of modified terms and Payminty will make every effort to communicate these changes via the Application. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Application.

By registering to use the Service you acknowledge that you have read and understood these terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These terms were last updated March 2020.

Governing Law

These terms and conditions are governed by New Zealand law. The New Zealand courts shall have non-exclusive jurisdiction in relation to any proceedings regarding these terms and conditions.

Service provided by Payminty

The Service: Payminty provides a mobile payments facility that enables your customers or people that want to pay you or donate to you to do so via a mobile application. Customers make payments or donations by scanning a QR code or NFC tag that is configured on a Payminty merchant application.

Payminty does not handle the physical transfer of actual money rather this is completed by an integrated third party like Paymark. Payminty facilitates the financial transaction and provides almost instant confirmation of successful or declined payments.

The Payminty Platform does not provide settlement of any transactions, with this being completed by a third-party integration with Paymark. Settlement terms are to be discussed and agreed with the third party (Paymark) directly with yourself as the Merchant.

This is explained in more detail throughout the agreement.

Payminty does not take any part in the contract for sale and purchase of goods or services between you and Customers registered with Payminty. The Payminty Platform merely provides a means of communicating orders either from or to you and facilitating payment for the goods or services purchased.

Payminty accepts no responsibility or liability for any issues which may arise between you and Customers. Responsibility for any refund or default rests with you.

If you have a dispute regarding goods or services purchased from you, you must resolve the dispute directly with the Customer. Any reimbursement for goods and services must be arranged between you and the Customer directly.

Payminty’s right to cancel the Payminty Platform

Payminty reserves the right to cancel the Payminty Platform at any time.

GST

Time of supply: You agree that the time a Customer uses the Payminty Platform to purchase goods or services from you will be treated as the time of supply of goods and services for the purposes of Goods and Services Tax Act 1985.

Merchant obligations, Your obligations

You will:

Keep your Payminty Platform login information, including your Registered Merchant name and password, secret and secure.

Take all reasonable steps to keep your systems secure and free from any unauthorised access or computer virus.

Provide, at the request of Payminty, full and correct details of the goods and/or services provided to a Customer together with copies of all documentation evidencing the trade with a Customer (e.g. booking information, tax invoices, statements).

Notify Customers if you are passing on to the Customer the cost of any fees incurred by you in relation to your use of the Payminty Platform (such as Merchant Service Fees).

Deal promptly with all customer service issues which arise from any purchase of goods and/or services by a Customer using Payminty’s mobile payments processing service.

Meet all of your obligations under all applicable consumer legislation.

Immediately refund the full amount paid by the Customer for the goods and/or services, if a refund is due to a Customer. Any refund for goods and services must be arranged between you and the Customer directly and completed using your own access to the Paymark Merchant Module (or equivalent third party application).

Not do any act which, in Payminty’s reasonable opinion, damages its reputation or brings Payminty, its Platform or the website into disrepute.

Meet all of your obligations under all applicable consumer legislation.

Not use the Payminty Platform for any dishonest, fraudulent or otherwise illegal purpose.

Immediately notify Payminty of any suspicious, fraudulent or unauthorised transactions.

Payminty’s rights and obligations

Payment procedure for Payminty initiated payments to you: The following is the payment procedure where a payment request is initiated by you as the Payminty Registered Merchant:

You must register with Payminty as a Payminty Registered Merchant, completing an application form and supplying all information required by Payminty in order for Payminty to onboard you (in other words, complete the application and verification process).

You must also register with a third party payment provider like Paymark as a Paymark Registered Merchant, completing an application form and supplying all information required by Paymark in order for Paymark to onboard you (in other words, complete the application and verification process).

Paymark will generally provide settlement the following business day into your nominated bank account. Payminty does not guarantee Paymarks settlement terms and you should contact Paymark directly regarding this.

Payment procedure for Customer initiated payments or donations

 The following is the payment procedure for where payment to you is initiated by a Customer:

The Customer scans a Payminty QR code or NFC tag with their mobile application. This takes the customer to a secure url with your details as the Merchant the customer wishes to pay.

The customer agrees the amount of the transaction and selects what bank/card they want to pay with. The customer is taken to a secondary page where validation credentials are entered and then clicks the pay button.

If paying by Online EFTPOS the customer is then required to open their mobile banking app and confirm the payment. In the event the customer has ‘Auto Pay’ enabled this last step may not be required.

The transaction verification process has then been completed and Payminty is satisfied (in its sole discretion) that the trade is a genuine transaction.

Suspending or cancelling transactions: Payminty can in its sole discretion suspend or cancel a transaction through the Payminty Platform if Payminty has any reason to suspect the transaction involves fraud, money laundering or financing of terrorism. Payminty will notify you by email if a transaction is suspended or cancelled.

Preventing use of the Payminty Platform by Merchant: Payminty reserves the right to suspend or terminate the membership of a Merchant or any other person from using the Payminty Platform at its sole discretion.

Fees

Success Fee: Payminty will charge you the Merchant a transaction fee for each successful Customer payment processed by Payminty (Payminty does not charge for declined transactions).

Merchant Services Fees: You as the Merchant are responsible for paying any Merchant Service Fees that are typically charged by your bank. Contact your Bank directly for details on these. Payminty does not charge any Merchant Services Fees.

Payment Gateway Fees: Depending on your e-commerce configuration you may be required to pay Payment Gateway Fees. Contact your Payment Gateway provider directly for details on these. Payminty does not charge any Payment Gateway Fees.

 

Personal information

Registering as a merchant: You must complete the Payminty Registered Merchant application form to Payminty’s satisfaction. Payminty may decide in its sole discretion whether or not to accept your application.

Accurate information: You warrant that you have provided complete, accurate and current information when registering as a Merchant with Payminty, and that you will immediately notify Payminty of any changes to the details provided in your registration application.

Requests for additional information: Payminty may make enquiries about any personal information that you provide to Payminty in order to check the accuracy of that information. You agree to provide all reasonable information (including any documentation) requested by Payminty to assist Payminty to meet its obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and any other relevant laws.

Updating your information

You must maintain and update your information held by us to ensure it is kept current at all times. We may call or email you to verify these details.

We provide you with ways in which you can change, update or add to your information, however the responsibility for updating the information rests solely with you. Use the email address info@payminty.com for any updates.

Privacy: In accordance with the provisions of the Privacy Act 1993, Payminty may collect personal information about you (including your Merchant registration details, Customer transactions with you and your use of the Payminty Platform. Please see the Privacy Policy attached to these Terms and Conditions.

Security of your information: You are responsible for keeping your login information, including your Merchant name and password, secret and secure. In particular, you agree to not permit any other person to use your user login information and not to disclose, or provide to any other person your Merchant name, password or any other information in connection with your Merchant account that may allow them to gain access to your account.

Use of Merchant information and Intellectual property

Right to Display: Payminty may use your business name, trademark, logo or website domain on the Payminty website or in promotional materials associated with the Payminty Platform and its services.

Merchant warranty: You warrant to Payminty that any images and/or text supplied by you for use on the Payminty website or promotional materials are your property and by using such images and/or text neither you nor Payminty will be in breach of any third party’s intellectual property rights. You indemnify Payminty against any loss suffered or claim which is brought against Payminty by any third party in connection with the use of any intellectual property supplied to Payminty by you.

Intellectual property is accurate and current: You agree that any images, text and/or information supplied to Payminty for use on the Payminty website or in promotional materials is correct at the time of supply and, in the event of any change in the images, text and/or information you will provide to Payminty the correct images, text and/or information as soon as practicable.

Changes to Payminty’s website and materials: Payminty may change or remove the text, images and/or information displayed on the website or in promotional materials regarding you at any time and without prior notice to you.

Use of Payminty intellectual property

Right to Display: You may use Payminty’s business name, trademark, logo or website domain on your website for the purposes of promoting the Payminty Platform and its services and confirming you are a Payminty Registered Merchant.

Merchant obligations

You will:

Only use Payminty’s intellectual property in a form and manner approved by Payminty.

Not use or refer to Payminty’s intellectual property in a way that is or may be confusing, misleading or deceptive.

Not use or refer to Payminty’s intellectual property in a way that is detrimental to Payminty’s reputation or goodwill.

Not, without Payminty’s prior written permission, in any form or by any means:

Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Payminty Platform or website; or

Commercialise, copy, or on-sell any information, or items obtained from any part of the Payminty Platform or website.

Comply with Payminty’s reasonable instructions as to the use of the intellectual property.

Immediately cease using Payminty’s intellectual property if Payminty requests you to do so or if your Merchant account is suspended or terminated by Payminty for any reason.

Payminty Warranty: Payminty warrants that [to the best of its knowledge and belief,] the intellectual property supplied by it for use on your website is Payminty’s property and by using such images and/or text neither you nor Payminty will be in breach of any third party’s intellectual property rights.

Ownership of intellectual property: Ownership of Payminty’s intellectual property remains with Payminty at all times. These terms and conditions do not confer on you any right, title or interest in the intellectual property, other than the right to use the intellectual property in accordance with these terms and conditions.

Payminty or its assigns, own all proprietary and intellectual property rights of the Payminty Platform and in the Payminty website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

No liability

Fraudulent activity: While Payminty has used its best endeavours to ensure that appropriate systems are in place to reduce the risk of fraudulent activity, Payminty is not responsible for protecting Payminty Registered Merchants from forms of wrongful or fraudulent activity.

Unauthorised access: Provided that Payminty has taken reasonable steps to protect its systems, Payminty does not accept any liability for any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of our system.

Inability to use Payminty Platform: Payminty accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

Breach by Merchant: Without limiting any other rights and remedies available to Payminty, Payminty may limit your use of the Payminty Platform, terminate your Payminty Registered Merchant account, or refuse to provide Payminty services to you if in Payminty’s opinion you breach these terms and conditions.

Liability: Notwithstanding any other terms of this agreement you agree that, to the maximum extent permitted by law, any and all liability and responsibility of Payminty to you or any other person under or in connection with these terms and conditions, the Payminty Platform, Payminty’s website, any Payminty Customer’s act or omission, or your use of or inability to use the Payminty Platform, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise, Payminty’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: By using this service, you agree to indemnify Payminty from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis), Payminty to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you to complete a transaction with a Customer or out of or in connection with your use of the Payminty Platform.

Force Majeure: Payminty has no liability for any lack of performance, or for any failure of Payminty to comply with these terms and conditions where the same arises from any cause reasonably beyond Payminty’s control.

Consumer Guarantees Act: You acknowledge that you are using Payminty’s service for business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 do not apply.

No Waiver: If Payminty does not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Termination or suspension

By Payminty: Payminty may in its sole discretion suspend or terminate your Payminty Registered Merchant account and/or your use of the Payminty Platform or Payminty website immediately upon notice.

By Merchant: You may at any time request that Payminty suspend or terminate your Payminty Registered Merchant account and/or your use of the Payminty Platform or Payminty website.

Obligations on termination or suspension: Upon termination or suspension:

You will not hold out or represent that you are a Payminty Registered Merchant or have any relationship with Payminty.

You will immediately cease using Payminty’s Intellectual Property.

You will immediately return to Payminty, or destroy at Payminty’s direction, any information or property in your possession pertaining to the Payminty Platform.

Notices

Notices: All notices and other communications will be made by us to the email address contained in your Payminty Registered Merchant account, and are deemed to be received by you at the time specified in the email transmission provided it was not returned as undeliverable or as containing any error.

Definitions and Interpretation

Definitions: In these terms and conditions, unless the context requires otherwise:

Business Day means any day of the week, other than Saturday, Sunday and New Zealand public holidays.

Payminty means Payminty Limited.

Payminty Platform means the mobile payment processing services used by Customers to purchase and pay for goods and/or services or make donations from Payminty Registered Merchants.

Payminty Registered Merchant means a not for profit, retailer, business or service provider who accepts payments or donations for its goods and/or services through the Payminty Platform and is registered as a merchant with Payminty.

Customer means a person who uses the Payminty Platform.

Merchant means a person who registers as a Payminty Registered Merchant

Application means www.app.payminty.com

Website means www.payminty.com

You or Your is a reference to Merchants.