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Thoroughbred Payments - Online Payments Terms

Thoroughbred Payments provides a service for Customers to make Payments to Merchants. These terms and conditions form part of an agreement executed by the Customer (referred to as you) wishing to make Payments to the Customer’s Merchant through ZenPay Pty Ltd ABN 63 056 881 942, part of the Zenith Payments group trading as Thoroughbred Payments (or referred to as us). By completing and executing an agreement or usage of the service, the Customer agrees to be bound by the terms and conditions set out below (the “Terms”).

ZenPay Pty Ltd holds an Australian Financial Services Licence (number: 528678) and before you utilise ZenPay’s services,you should read these Terms in conjunction with ZenPay Pty Ltd’s Financial Services Guide, Product Disclosure Statement, and Target Market Determination which are available at https://zenithpayments.com.au/ZenPay-PDS.pdf 

1.Definitions (as used in this agreement)

Account means the credit, debit, bank or other Account nominated or used by the Customer to make Payment to a Merchant.

Account holder means the owner or signatory of the credit, debit, bank or other Account nominated or used by the Customer.

Customer means a person who has an agreement relating to the making of Payments to a Merchant, or an entity with whom the Merchant acts. For the purposes of this agreement, it also includes any person who makes Payments via the Thoroughbred Payments program on behalf of a Customer.

Customer’s Registration Form or (CRF) means an agreement between a Customer and us whereby the Customer agrees to utilise Thoroughbred Payments.  For the purposes of this agreement, it also includes any electronic or paper form or Payment page the Customer or Merchant has used to make a Payment.

Merchant means the Merchant or Biller, or entity for whom the Merchant acts, to whom Payments are payable or processed using Thoroughbred Payments.

Payment (or Payments) in relation to a Customer, means the amounts a Customer pays to a Merchant. For the purpose of this agreement, it also includes any other Payments made by Customers and/or processed by the Customer’s Merchant or Thoroughbred Payments.

Payment Processing Fee means any Payment processing or transaction fee applied by Thoroughbred Payments and paid by either the Customer or the Merchant.

Thoroughbred Payments or us means the program developed by Zenpay Pty Ltd ABN 63 056 881 942 for the processing of Payments.

2. Contract

2.1 These Terms apply to any Customer from the date upon a Payment is processed using Thoroughbred Payments.

2.2 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the Customer is a party including, without limitation, the Merchant to which fees Payments are applied and any agreement regulating the use by the Customer of the card or bank Account used by the Customer to make Payments (the “Account”).

3. Your Account

3.1 The Customer is responsible for ensuring that the entity (e.g. bank or other card issuer) issuing their Account will fulfil Payments authorised by the Customer. The Customer is responsible for ensuring that they have authority to nominate the Account used to process Payments.

3.2 Thoroughbred Payments is not responsible or liable in any way for any failure by any entity issuing the Account to remit Payments. The Customer acknowledges that the entity issuing the Account may not permit the use of the Account to process Payments using Thoroughbred Payments. The Customer is liable for any and all expense, damage or loss incurred by Thoroughbred Payments in the event of the misuse or unauthorised use of the Account by the Customer and the Customer must reimburse any such amounts to Thoroughbred Payments.

3.3 In order to use the Thoroughbred Payments service, the Customer must over 18 years of age, an Australian permanent resident or citizen and be the owner, operator or acting with the authorization of an Australian registered company or association, a sole trader or a partner in a business partnership.  

3.4 The Customer is responsible for ensuring that the Payment or Merchant they are paying is permitted under the terms of the Customer’s Account including prohibitions that card issuers apply to the use of the Account for the payment of finance, debt related or illegal activities. The Customer is not permitted to use the service for Payments related to; adult services, pornography, foreign exchange, share purchases, gambling, investments, mortgage payments, illegal drugs, political donations, wages, payments to the Customer or a related business entity, or any payment which is not a bona fide payment as a result of a legitimate business expense. Thoroughbred Payments may apply additional restrictions and may amend this list at any time without notice.

3.5 The Customer is solely responsible for the provision and confirmation of correct Payment details including, but not limited to, Customer details, amount, and Payment reference.  Thoroughbred Payments will not be liable for any Payments made in accordance with details provided or selected by the Customer.

 4. Payment Procedures

4.1 The Customer will be deemed to have provided unconditional authorisation for the Account to be debited or charged with Payments when: the date for Payment passes if the Customer has nominated an automatic or future-dated Payment method; the Customer initiates Payment at an electronic or online Payment terminal operated by Thoroughbred Payments or the Merchant; the Customer’s Merchant initiates a Payment; the Customer replies to a SMS and/or email Payment service provided by Thoroughbred Payments; and/or a Payment is initiated via the Thoroughbred Payments website or support centre.

4.2 Thoroughbred Payments will not be liable for any fraudulent use of the Account or any of the Payment methods described in paragraph 4.1.

4.3 Regardless of when Thoroughbred Payments processes a Payment in accordance with these Terms, the Payment will not be regarded as completed unless and until the entity (e.g. a bank) issuing the Account authorises and settles the Payment according to the settlement arrangements relating to the Payment. Thoroughbred Payments will not be obliged to process a Payment authorised under paragraph 4.1 after normal banking transaction times or on a day trading banks are not open for business until the next day upon which trading banks or card schemes are open for business.

4.4 The Customer releases and indemnifies Thoroughbred Payments from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the Customer in relation to, in connection with or as a direct or indirect result of any failure by the Customer to make Payments unless that failure occurs due to a breach by Thoroughbred Payments of these Terms.

4.5 As a separate, primary and severable liability, you indemnify and must keep Thoroughbred Payments indemnified from and against any Claim suffered or incurred by Thoroughbred Payments in relation to, in connection with or as a direct or indirect result of any Payment or purported Payment being rejected, invalidated or disputed. It is not necessary for Thoroughbred Payments to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make Payment before enforcing a right of indemnity conferred by these terms and conditions.

4.6 The Customer acknowledges that any Payments made under this agreement that are subsequently disputed or reversed or which Thoroughbred Payments is required to refund by the entity issuing the Account, will not be forwarded to, or may be recalled from, the Merchant and the Customer will be obliged to remake any such Payment due under the terms of the Customer’s agreement with the Merchant. Should Thoroughbred Payments be unable to recall or recover funds that have been disputed or reversed, the Customer is responsible and liable for Payment to Thoroughbred Payments of the outstanding funds.

4.7 Thoroughbred Payments will make available a tax invoice complying with GST legislation via the Thoroughbred Payments website.

5. Cancellation or Stopping Payments

5.1 The Customer is responsible for advising Thoroughbred Payments or altering their Thoroughbred Payments Payment settings if Payment ceases to be payable and/or the Customer wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an “Authorisation”).

5.2 The Customer acknowledges that any Payments received by Thoroughbred Payments (other than any Payment Processing Fee and other fees charged directly by Thoroughbred Payments) are remitted by Thoroughbred Payments to the Merchant and, accordingly, any Payments that exceed the amount due by the Customer to Merchant must be recovered directly by the Customer from the Merchant. The Customer releases and indemnifies Thoroughbred Payments from and against any dispute or claim arising from any Payment that is not actually due and/or payable. The Payment Processing Fee and other fees charged directly by Thoroughbred Payments are not refundable under any circumstances.

5.3 The Authorisations will be deemed to continue unless and until the Customer updates their online Payment details or notifies Thoroughbred Payments in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice may not be effective until five business days has elapsed from the date Thoroughbred Payments receives it.

5.4 Thoroughbred Payments can terminate or limit the Payment arrangements contained in these Terms at any time with or without notice to the Customer.

5.5 The Customer acknowledges and agrees that Thoroughbred Payments has no involvement in, and no responsibility or liability for, the supply or delivery of goods or the performance of services between the Merchant and the Customer and as such, the Customer agrees that all queries, disputes or refund requests in relation to these goods or services will be taken up directly with the Merchant. The Customer further agrees not to request any bank or card issuer to stop, withdraw, dispute or refund any amount processed using the Customer’s Account. The Customer indemnifies Thoroughbred Payments from any direct or subsequent loss, including administration and recovery costs, as a result of the Customer not following this terms of this schedule.

6. Privacy

6.1 Thoroughbred Payments will collect, use and store any of your personal information in accordance with Thoroughbred Payments’s privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be viewed on the Thoroughbred Payments website www.thoroughbredpayments.com.au Without limiting the operation of the Thoroughbred Payments privacy policy, the Customer expressly authorises Thoroughbred Payments to disclose any of the Customer’s personal or Payment information to the Merchant and any other person nominated by the Merchant or to any bank, card issuer, Payment processor, rewards or loyalty program, or service provider used by Thoroughbred Payments to operate Thoroughbred Payments. Thoroughbred Payments may use the personal information collected for the provision of service or marketing information to the Customer or the Merchant. Thoroughbred Payments will use the information provided for the purpose of identifying the Customer.

7. Variations and Amendments

7.1 Thoroughbred Payments may vary, delete or add (a “Change”) to these Terms (including the Payment Processing Fee and other fees) at any time. Any Change will be effective from the date Thoroughbred Payments implements or posts the Change on the Thoroughbred Payments website or sends notice of the change by email or by postal mail. Thoroughbred Payments may not notify the Customer in any other way of any Change. A notice given by Thoroughbred Payments under this paragraph will be effective on the day after it is posted. If the Customer wishes to vary any Customers’ Information (including any Authorisations), the Customer must execute and deliver a change notice by contacting Thoroughbred Payments in writing.