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Terms and Conditions

This website (the "Website") is owned and operated by NexPay Pty Ltd, Level 2, 50 Bridge Street Sydney NSW 2000.

Please read the following terms and conditions before using this Website. By accessing and using this Website you acknowledge that you have read, understood and agree to be bound by the terms and conditions. By continued use of the Website you will be bound by revised or further terms and conditions as published on the Website. You should therefore check these terms and conditions every time you use the Website. If registering on behalf of a business you hereby declare that you have the authority to bind that business to these terms and conditions.

Becoming a customer

To use the NexPay you must sign up with NexPay to become a NexPay customer. The e-mail address and password that you use as a NexPay customer will enable access to the NexPay service.

Verification

To meet regulatory requirements you will also be asked to verify your identity prior to making your first NexPay payment.

Transfer of funds

You must transfer funds to us as soon as practicable after the transaction is created on our website.

Cancellation of payment

You may cancel your payment by sending a request via email to admin@nexpay.com.au however you are not permitted to recreate a payment for the same student upon a cancellation within 7 days of creating your original payment.

Unauthorised access

You are responsible for maintaining the security of your login and password details. All transfers made with your password are deemed to have been authorised by you and is your responsibility. If at any stage you believe that your login/password is no longer safe, you must contact us immediately.

Privacy

We may as a result of your access to this website hold and process personal information obtained about you. NexPay is committed to maintaining the privacy of any personal data it holds about you, and does so in accordance with the National Privacy Principles contained in the Privacy Act 1998. Please read NexPay’s Privacy Policy to understand how your personal information will be treated when you use this website. The Privacy Policy on the Website forms part of this agreement.

Payment guarantee

NexPay guarantees that when we receive your money, it will be paid to the education institution you have notified when providing us with your payment instructions. Where you claim to have made payment to NexPay and we have not received your money into our accounts, we may request that you provide a bank certified copy of your payment receipt so that we can request our bank to trace your payment to determine the account into which your payment was made. When making any payment to NexPay, you should keep a copy of your payment receipt issued by your bank.

Refunds

We will consider your request for a refund (provided it is submitted in writing), however in general we do not provide refunds. If we do provide you with a refund, we will only provide you with a refund if your monies have not been paid out to the education institution you instructed us to pay your monies to. Any refund paid will be adjusted to account for the movement in the foreign exchange rate from the time your monies were received by NexPay. Any refunds paid will incur an administration charge of AUD$50.

Payments made in AUD

Our payment instructions need to be followed carefully. We always instruct you to send your local currency (never AUD) as we perform the foreign exchange in order for you to get a better foreign exchange rate. If you send AUD by mistake we will pass on exactly what you sent us minus an administration charge of AUD$50

Third party information and materials

NexPay may from time to time publish information, articles and other material on this website that are written and prepared by third parties who are not employees or representatives of NexPay. Such material is provided for your interest and convenience only. The source of any such material will be clearly identified as an independent third party and NexPay does not accept any responsibility for the contents or accuracy of any such material, and the opinions expressed in the material should not be taken as opinions or recommendations of NexPay

Links to other websites

This website provides links to other websites operated by entities affiliated with NexPay as well as links to websites of independent third parties. Those websites which fall into the second category are not affiliated with NexPay in any way. NexPay does not control or endorse and is not responsible for the contents of these linked third party websites, and provides hyperlinks to other websites for your convenience only. Any information, opinions, representations or offers made in those linked third party websites are solely the responsibility of the third parties operating those websites and are not made by NexPay, which makes no representation or warranty as to accuracy or reliability of the information in those websites.

Copyright, trademarks and intellectual property rights

The url www.nexpay.com.au and www.nexpay.co.nz ('this website') is owned by NexPay Pty ABN: 56 153 910 984. NexPay® is a registered trademark of NexPay Pty Ltd. Unless expressly stated, NexPay is the owner or licensed user of the copyright and any intellectual property rights in any material, design, technology or concept contained on this website. All rights are reserved. You may use the information for your own personal reference only. You may reproduce the information in hard copy solely for your personal use. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, this website or any portion of this website may not otherwise be reproduced, adapted, distributed, displayed, or transmitted to any other person or incorporated in any way into another document or other material, without NexPay' express written consent. Other trademarks may be displayed on the NexPay website from time to time. These may belong to third parties. Nothing displayed on the NexPay website should be construed as granting any license or right of use of any logo or trademark displayed on the website, without the express written permission of the relevant owner

Indemnity and exclusion of liability

The information on this website is provided in good faith and is believed by NexPay to be accurate at the time of publication. However, the use of this website is at your sole risk. NexPay and the directors and officers of NexPay, do not make any representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of any material on this website. Except in so far as liability under any statute cannot be excluded, NexPay, its directors, employees and consultants do not accept any liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the material or for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the recipient of the information or any other person. You release, discharge and indemnify NexPay from and against liabilities suffered or incurred by you or by NexPay or any member of NexPay (including, but not limited to, its directors, officers and employees) as a result of your use of this website

No liability for delays or technical problems

Subject to any conditions and warranties implied by legislation and to the terms of the client agreement you have with us, NexPay excludes liability for any delay, interruption or unavailability of the Website. You acknowledge that we operate a Website that could be subject to technical, or other, problems, the nature and duration of which may be beyond our control. Our service also involves the use of intermediaries who are outside our control

Access to the Website

NexPay will use all reasonable efforts to provide access to the Website at all reasonable times, but cannot guarantee that such access will never be interrupted as a result of technical or other unforeseen problems.

No financial advice

The information contained in this Website does not constitute either general or personal financial product advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between NexPay and the user or any other third party. Any comments or statements made are not a recommendation that a particular course of action is suitable for you and should not be regarded as financial product advice. Before making any financial decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information. You should also seek expert professional advice about the offer in light of your particular financial circumstances and particular investment objectives or needs

Termination of user's account with NexPay

NexPay may at its discretion terminate or suspend your use of, or access to, the NexPay Website at any time. If this happens we may notify you by email. If your use of the NexPay Website is suspended or terminated:

  • You are no longer authorised to access the NexPay Website or use any NexPay service with your registered email address or any other email address you possess;
  • You will continue to be subject to and bound by all restrictions imposed on you by the Terms of Use; and
  • All licenses granted by you and all disclaimers by NexPay and limitations of NexPay's liability set out in the Terms of Use or elsewhere on the NexPay Website will survive.

Breaching NexPay’s Terms of Use

Without limiting other remedies available to NexPay at law, in equity or under this Terms of Use, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if:

  • You breach these Terms of Use or the Privacy Policy;
  • We are unable to verify or authenticate any information you provide to us; or
  • We believe that your actions may cause legal liability to you, NexPay users or NexPay.

Payment of bank fees

Your bank and the intermediary / correspondent bank may charge bank fees in relation to the transfer. These fees are not covered by us in the provision of the NexPay service. You are responsible for informing yourself of any applicable bank fees prior to arranging the transfer. Amendment fees can apply if you have provided incorrect beneficiary account information. Any fines or penalties will be your responsibility.

Security

NexPay employs secure encryption technology, but cannot guarantee that the Website will always be free of viruses or bugs or that any communication between you and the Website is secure from interception by third parties.

Fee disclosure

NexPay may receive fees for advertising on the Website and in any email newsletters that might be sent to you. NexPay may have a financial interest in the outcome or success of the offers of financial products mentioned in this Website.

Severance

If any term (or part of a term) in our Terms of Use is void or unenforceable, that term (or part) will be taken to be removed and cease to form part of our Terms of Use. However, the remaining terms will continue to have full force and effect.

Arbitration

Any controversy or claim arising out of or in connection with these Terms of Use may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

Governing law

These Terms and Conditions are governed by and are to be construed in accordance with the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this website.

Payment services

NexPay uses PromisePay as its third party service provider for Payment Services. By buying or selling on www.nexpay.com.au you agree to be bound by PromisePay’s Privacy Policy which is located at http://www.promisepay.com/privacy and hereby consent and authorize NexPay and PromisePay to share any information and payments instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). By listing or selling items on nexpay.com.au you also agree to be bound by PromisePay’s User Terms which are located at: http://www.promisepay.com/seller_agreement.

Feedback about NexPay Terms of Use

If you have enquiries or wish to provide feedback about this policy, please email support@nexpay.com.au

Last updated: 11 December 2015