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20 October 2023
These are the terms and conditions (Terms or Terms and Conditions) on which Zeller Australia Pty Ltd ACN 649 001 383 (referred to as Zeller, we, us, our) permits a user (referred to as User, you, your) to access our services.
To the extent that these Terms relate to your use of the Card Scheme Services, these Terms constitute an agreement between us, you and Cuscal Limited ACN 087 822 455 (Card Scheme Acquirer). In relation to the Card Scheme Services, any right conferred on us under these Terms is also conferred on the Card Scheme Acquirer.
These Terms limit our liability in certain circumstances. Please make sure you fully understand these clauses before entering into these Terms.
When ever you see formatted text such as this, we have provided an explanation of our Terms.
in contravention of Applicable Law;
in contravention of the rules of the Mobile Device Provider;
In respect of accessing and using the Acquiring Service on an ongoing basis, the User must:
In respect of providing refunds to Cardholders, the User must:
Whenever you communicate the Payment Methods that you accept to customers, you must comply with any guidelines we provide to you in relation to the display of Card Scheme and AMEX logos, trademarks and branding and must display all such content with equal prominence for all accepted Payment Methods.
provide you with access to information about your Transactions and your Zeller Account, in such form and manner as Zeller determines from time to time. You may raise any issue that you have concerning an amount paid, or not paid to you, within 3 months of the date of payment or of the date the payment was due.
To ensure compliance with Applicable Laws, you must:
The User agrees:
For the avoidance of doubt, Zeller shall not be liable or responsible in any respect to the User for any Losses flowing directly or indirectly from any Zeller Services being suspended.
The User must:
Zeller may permit you to grant third parties the ability to implement direct debits against your Zeller Account pursuant to a direct debit authority in a form satisfactory to Zeller, in its sole discretion. You authorise us to deduct any amounts the subject of a valid direct debit request from your Zeller Account. You can contact us to cancel any direct debit authorities. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with a direct debit request.
You acknowledge and agree:
The User represents and warrants that:
In using the Zeller Services, you must not engage or attempt to engage in any activities that:
You agree to indemnify Zeller and the Service Providers in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings incurred howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
You agree that the Service Providers are third party beneficiaries of these Terms, with all rights to enforce such provisions as if the Service Providers were parties to these Terms.
In these Terms unless the context requires otherwise:
Acquiring Services means the AMEX Payment Services, the Card Scheme Services and the Mobile Device Acquiring Services.
AMEX means American Express Australia Limited;
AMEX Payment Services means the services to be provided by Zeller under these Terms in relation to AMEX Transactions and Transactions in relation to the "Japan Credit Bureau" Payment Method operated by JCB.
Apple means Apple Inc and any related bodies corporate.
Applicable Law means the Corporations Act, and any other statute, statutory instrument or general law that is applicable to a party in connection with these Terms, together with:
as amended, consolidated or replaced from time to time.
Application Form means the application form to become a User made available on the Website or by Zeller, from time to time.
ASIC means the Australian Securities and Investment Commission, the Australian regulator responsible for financial services licensing, regulation and enforcement.
AusPayNet means the Australian Payments Network, the body responsible for issuing regulation and guidelines relating to payment systems, devices and frameworks.
Australian Consumer Law means the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Breach Notice has the meaning given to that term in clause 26.3(a).
Business Day means a day other than Saturday or Sunday on which banks are open for general banking business in Sydney.
Business Hours means 9:00am to 5:30pm AEST/AEDT (as applicable) on a Business Day.
Cardholder means a person to whom a Card has been issued.
Card Data or Cardholder Data means any 'cardholder data' or 'sensitive authentication data' as those terms are defined in the PCIDSS.
Card Scheme means any association that provides common branding for Payment Methods and sets rules and regulations concerning use of those Payment Methods. This includes schemes known as Visa, MasterCard, and EFTPOS and any other Payment Methods supported by the Card Scheme Acquirer.
Card Scheme Acquirer means Cuscal Limited ACN 087 822 455.
Card Scheme Payment Method means any Payment Method provided by or in respect of a Card Scheme.
Card Scheme Services means the services to be provided by Zeller under these Terms in relation to Card Scheme Transactions.
Chargeback means a Transaction that is charged back to the User, whether initiated by the Acquirer. Cardholder or Zeller, in accordance with these Terms and any Applicable Laws.
Claim means in relation to a party, a demand, claim, action or proceeding made or brought by or against that party, however arising and whether present, unascertained, future or contingent.
Confidential Information means all information belonging or relating to Zeller and/or the Zeller Services, whether oral, graphic, electronic, written or in any other form, that:
Control has the meaning given in section 50AA(1) of the Corporations Act.
Corporations Act means the Corporations Act 2001 (Cth).
Credit Reporting Body has the meaning given to this term in the Privacy Laws.
Data means all Card Data and Transaction Data stored or processed by Zeller or the User under these Terms.
Data Breach means an actual or suspected loss of or unauthorised access to Data.
Defect means if the Terminal hardware does not conform to the applicable specifications and that the User is not able to use the Zeller Services in line with these Terms.
Direct Debit Authority means the authority from you to us contained in Part F of these Terms.
Documentation means the documentation relating to the Zeller Services to be provided by Zeller described in clause 6(a).
EFT System means the system through which, on instructions received by the User, a Cardholder's bank account is debited and the User Account is credited or vice versa as the case may be:
Enhanced Zeller Payment Services mean the services described in clause 12.
Fees means the fees as referred to in clause 20 and set out at https://myzeller.com/pricing.
Force Majeure Event means any act, event or cause including:
To the extent that the act, event or cause directly or indirectly results in a party being prevented from or delayed in performing one or more of its obligations under these Terms and that act, event or cause is beyond the reasonable Control of that party.
GST has the meaning given to that term in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Industry Body includes the Australian Payments Network (APN) (formally known as the Australian Payments and Clearing Association (APCA)), Australian Prudential Regulatory Authority (APRA), the Reserve Bank of Australia (RBA), the Australian Securities and Investments Commission (ASIC), and any other regulatory body regulating a Card Scheme Transaction or Non-Scheme Transaction from time to time, and any recognised securities exchange including ASX and Chi-X.
Invalid Transaction has the meaning given in clause 5.2.
JCB means JCB Co., Ltd.
Loss means losses, liabilities, claims, proceedings, actions, demands, damages, costs, charges, expenses or diminution in value, however arising, and whether present or future, fixed or unascertained, actual or contingent.
Merchant Category Code means the four digit number used to classify a merchant by the type of goods or services it provides.
Mobile Device Acquiring Services has meaning given in clause 4.8.
Mobile Device Provider means the manufacturer of mobile telephones or other devices capable of being used to receive Acquiring Services.
OAIC means the Office of the Australian Privacy Commissioner.
Offline Transactions means a Transaction where no authorisation is received from the relevant Card Scheme or Non-Scheme Body.
Payment Facilitator means a User who providing acquiring services to sub-merchants or who otherwise seeks to make the Zeller Services available to a third party merchant.
Payment Method means a method by which a consumer transacts with the User for payment of goods or services received by that consumer from the User, including by use of a card or other device (including virtual and digital devices and electronic chips).
PCIDSS means the Payment Card Industry Data Security Standard published by the PCI Security Standards Council or such other minimum standards for enhancing payment and account security required by Zeller, or any Card Scheme, from time to time.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal information or as sensitive information in the relevant Privacy Laws.
Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy or health information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any Australian (including State or Territory) legislation from time to time in force which relates to or affects privacy rights or Personal Information.
Recurring Transaction means when the User is authorised to make regular drawings on a Card at predetermined intervals (not to exceed one year between Transactions) with the Cardholder’s written authority.
Related Corporation means, in the case of a party, any entity that is Controlled by, or under common Control with, that party, including but not limited to, subsidiary corporations or entities.
Sale Refunds has the meaning given to that term in clause 4.6.
Scheme Rules means any rules issued by a Card Scheme, from time to time, to govern its respective Payment Method.
Security Deposit means an amount payable by the User to Zeller to be held by Zeller as security for any amounts payable by the User under these Terms, as determined in accordance with clause 8.
Service Providers means Zeller's service providers as appointed from time to time, including but not limited to the Acquirers;
Suspendable Action means Zeller reasonably considers that:
Suspended Service has the meaning given to it in clause 9.2.
System means your systems for accessing the Zeller Services;
Transaction means any sales transaction or sales refund transaction effected pursuant to these Terms between a Card Holder and the User.
Team Card has the meaning given to that term in clause 13.
Team Member means your employees, contractors or other personnel which have been approved by Zeller.
Terminal means an electronic terminal obtained by the User from Zeller for the processing of Transactions from time to time.
Terminal Warranty Period means the period in which Zeller will fix or refund for a Defect, being 12 months.
Transaction Data means any data generated by Zeller in the processing of a Transaction, and includes any data produced as the result of processing, or failing to process, a Transaction, but excludes Card Data.
Unlawful Act means, collectively and individually, when Zeller's involvement in a Transaction or performance of any service in respect of that Transaction might in any way cause Zeller to:
Zeller Account has the meaning given to it under clause 11.
Zeller Savings Account has meaning given to it under clause 11(f).
Zeller Services has the meaning given to that term in clause 1(a).
Zeller System means the systems used by Zeller and its Service Providers to process Transactions in performing the Zeller Services (and includes Terminals, internet payment gateways, the switch, network routers, firewalls, load balancers and VPN concentrators and any other Acquirer hardware or software owned by or under the responsibility of Zeller or its contractors which are related to the Zeller Services), but excluding the User System and systems of Card Schemes.
In these Terms unless the context requires otherwise:
In addition to the definitions in clause 34, for the purposes of this part:
account means the account held at your financial institution from which we are authorised to arrange for funds to be debited, as notified by you to us in your Application Form.
agreement means this Part F of the Terms;
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia;
debit day means the day that payment by you to us is due.
debit payment means a particular Transaction where a debit is made.
Direct Debit Request means the written, verbal or online request between us and you to debit funds from your account. An application to become a User is a Direct Debit Request to debit the account specified in your Application Form for the purposes outlined in these Terms.
your financial institution means the financial institution at which you hold the account you have authorised us to debit.
We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least 14 days written notice sent to the preferred email or address you have given us in the Direct Debit Request.
To do so, contact us at firstname.lastname@example.org or by telephoning us on 1800 ZELLER (935 537) during Business Hours.
You can also contact your own financial institution, which must act promptly on your instructions.
You should check:
In this Part G unless the context requires otherwise:
AFSL means Australian Financial Services Licence.
Available Balance means the total funds that are recorded by us in your Zeller Account received through use of the Zeller Device, or funded through other methods. The Available Balance is the amount available for transactions through the EZPS and External Transfers, less any purchases, authorisations, fees and charges or other amounts debited under the Terms and Conditions.
Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.
Business Day means a day that is not a Saturday, Sunday or public holiday being a day on which banks are open for general banking business in Brisbane, Queensland.
Card means the Zeller Debit Card unless referenced separately, means a Physical or Tokenised Card.
Contactless Terminal means a terminal that can be used to make a Contactless Transaction.
Contactless Transaction means a transaction made by holding a Card (which is capable of making a Contactless Transaction) in front of a Contactless Terminal, to complete a transaction, rather than inserting the card into the terminal.
EFTPOS/POS means electronic funds transfer at point of sale.
Electronic Banking Terminal means the EFTPOS device included in an authorised interchange network.
Electronic Communication means a message which is sent to you and which you receive electronically, in a form that you can retain for later reference such as by printing or by storing for later display.
Expiry Date means the expiry date printed or displayed on the front of the Card.
External Transfer means a transfer from your Available Balance to a bank account using the Zeller Dashboard.
Financial Claims Schemes means the scheme administered by the Australian Prudential Regulation Authority (APRA) to protect depositors of authorised deposit-taking institutions from potential loss due to the failure of these institutions.
Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Card number).
Insolvency Event means, in respect of a party, the occurrence of any one or more of the following events or circumstances:its winding up, liquidation or provisional liquidation;
the appointment of an administrator under the Corporations Act;
Insolvency Event means, in respect of a party, the occurrence of any one or more of the following events or circumstances:
Mastercard means Mastercard International Incorporated.
Mastercard Scheme Rules means the Mastercard Scheme Rules and the Mastercard Technical Operational and Security Rules.
Negative Balance means a negative rather than a positive Available Balance.
PAN means the 16-digit Primary Account Number, which is the number embossed on the rear of the Card or provided in your Device.
Pass Code means a password or code that you must keep secret that is used to authenticate your identity or a transaction. Examples include a code delivered to you by text or email which is required to perform a transaction (often called ‘Two Factor Authentication’).
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about you when your identity is apparent or can reasonably be ascertained from the information or opinion.
Physical Card means the plastic Mastercard issued as part of the Card Facility.
PIN means the four-digit personal identification number which we issue to you to access some of the Card services.
POS Transaction means Point of Sale transactions.
Product Disclosure Statement means the product disclosure statement for the EZPS available here: https://www.myzeller.com/product-disclosure-statement-enhanced-zeller-payment-services.
Security Requirements means the Security Requirements described under section 45.6 “Security”.
Enhanced Zeller Mastercard Terms and Conditions means this Part G of these Terms.
Unauthorised Transaction means a transaction not authorised by you but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.
we, us, our means Zeller and, except where the context indicates a different intention, also includes any agent acting on behalf of Zeller
Website means the secured web site for the Card, being the Zeller Dashboard available at dashboard.myzeller.com and any additional or replacement website we notify you as the website for the purposes of these Terms & Conditions from time to time.
You refers to a person who has opted in for and been (or is to be) issued with the Card. Any other grammatical form of the word “you” has a corresponding meaning.
Zeller means Zeller Australia Pty Ltd. ACN 649 001 383.
Zeller Account means the account you have opened with Zeller, which allows you to operate and manage the Available Balance, your use of the Zeller Device and the Card.
Zeller Dashboard means the portal accessed through the Website which allows you to manage your Zeller Device, Zeller Account and the Card, including transferring funds from the Card.
Zeller Device means the electronic point of sale device purchased from Zeller and registered to you through the Website, which is used by you to accept card payments at point of sale from consumers.
This Part G governs the use of the Card. Please read it carefully and keep a copy for your records. By accepting electronically or using the Card, you agree to be bound by these Terms and Conditions. You also acknowledge and agree to the disclosures and other information contained in the Product Disclosure Statement. Those disclosures and information form part of the agreement between you and Zeller except to the extent that this Part G provide otherwise or qualify the disclosures and information.
Important points to remember to safeguard your Card:
The Available Balance on your Card is in Australian dollars. Transactions made in a currency other than Australian dollars will be subject to the prevailing Mastercard exchange rate at the time plus a 1.69% + $0.79 foreign exchange fee.
Example of Foreign Exchange Fee:
You make a purchase from a merchant located outside Australia (e.g. USA);
At the time, Mastercard’s prevailing exchange rate is US$1.00 = $1.30 Australian; You spend US$200.00;
The Australian dollar amount is US$200.00 x $1.30 = $260.00;
The foreign exchange fee is therefore (1.69% x $260.00) + $0.79 = $5.18
For a full listing of fees and charges please refer to section 19 and https://myzeller.com/pricing.
The following limitations apply to the Card:
The following table illustrates the transaction and load limits applicable to the Card. Merchants or other providers of facilities may impose additional limits.
Maximum Transfer Limit per transaction
Maximum Card Transaction Limit per transaction
|Maximum daily limit (defined as the Sum of Transfer Limit and Card Transaction Limit)||
Zeller may adjust the transaction and load limits if:
Your PIN will be set at the time you activate your Card. Your Card is activated through the Website. In order to activate the Card, you must have created a Zeller Account and completed any necessary registration steps which includes the input of your 10 digit Card ID printed on the rear of your Card. You will elect a PIN of your choice at the time of activation. You must not disclose your PIN to any other person.
A Pass Code may be provided to your registered mobile device to complete a transaction – this is often referred to as Two Factor Authentication. Where you are provided a Pass Code for Two Factor Authentication, you must not disclose that Pass Code to any other person.
To change your PIN, go to:
If you have any technical difficulty changing your PIN, please contact Zeller on 1800 935 537.
You must make sure that you keep the Card, Identifiers and any PINs or Pass Codes safe and secure. The precautions we require you to take (Security Requirements) are set out below.
You must not:
If you know or have reason to suspect that your Card is lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the PIN, you must immediately notify Zeller. We will then suspend your Card to restrict further use.
You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.
If any lost Card is subsequently found, it must not be used. You must not attempt to use the Card.
Should your Card be retained by any ATM, the Card is deemed to be lost or stolen and hence cannot be recovered. In that event, you will need to contact Zeller on 1800 953 357 or via email at email@example.com and arrange to be issued with a new Card.
Where you are not liable
You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.
You will not be liable for losses resulting from Unauthorised Transactions are caused by:
You are not liable for loss arising from Unauthorised Transactions that can be made using an Identifier without the Card or a PIN. Where a transaction can be made using the Card without a PIN, you are liable only if you unreasonably delay reporting the loss or theft of a Device or the Physical Card.
Where you are liable
You are liable for loss resulting from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to the loss through fraud or breaching clause 44.6 and 44.7 of these Terms and Conditions. In those circumstances you are liable in full for the actual losses that occur between when you become aware of the security compromise, theft or misuse of a Card, or should reasonably have become aware in the case of a lost or stolen Physical Card or breach of PIN security is reported to us, however:
You will be liable for losses arising from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to those losses by unreasonably delaying reporting the misuse, loss or theft of a Card, or that the security of all PIN has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Card, but:
If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the actual loss at the time that the misuse, loss or theft of a Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily or other periodic transaction limit.
If you report an Unauthorised Transaction, we will not hold you liable for losses arising from the Unauthorised Transaction for an amount greater than your liability if we exercised any rights under Mastercard Scheme Rules, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).
Important Information about Chargebacks
A chargeback is a right under the Mastercard Scheme Rules by which a transaction can effectively be reversed by us debiting an amount to the merchant’s financial institution and crediting back to your Available Balance. We can only process chargebacks if the Mastercard Scheme Rules allow us to.
In some circumstances, you may be able to request a chargeback of a transaction when you have a dispute with a merchant; for example:
If you believe that you are entitled to a chargeback, you must notify us as soon as possible by contacting Zeller as the Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.
If you request a chargeback, we may need you to provide additional information. If we do ask you for additional information and you do not provide it within 10 days, then you may lose any rights to the chargeback and if it has already been processed, we may reverse it.
Please note that if we process a chargeback, the merchant may have rights under the Mastercard Scheme Rules to have the transaction investigated further, and this can in some circumstances result in the chargeback being reversed (which means the original transaction might be reinstated by being debited to your Available Balance).
You acknowledge that you will not receive paper statements from us regarding the operation of your Card. Periodic statements showing the transactions on your Card and the Available Balance are available on the Website.
Provided you have registered your Card, its balance and transaction history will be made available 24 hours a day, 7 days a week through the Website at no charge (see clause 44.2 “Using the Card”).
If you notice any error (or possible error) in any transaction or statement relating to the Card, then you must notify Zeller immediately. We may request you to provide additional written information concerning any error (or possible error) and you must comply with that request.
It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.
The Card is valid until the expiry date shown on it unless it is cancelled before then.
Your Card cannot be used after expiry. You cannot access any value loaded on the expired Card unless a replacement Card is issued to you.
We may issue you with a replacement Card if requested by you at any time after expiry and provided you have registered your details with us, including your name and Australian address. We reserve the right not to issue a replacement Card to you, in which case we will return any Available Balance on your Card to you.
If your Card is misused, lost or stolen, you should notify Zeller so that your Card can be cancelled.
You can request Zeller to provide you with a replacement Card.
A replacement Card will be arranged after you notify us that your Card or Card details are misused, lost or stolen and the misused, lost or stolen Card has been blocked. You will need to register and activate the new Card in accordance with clause 44.5.
You may ask for the Card to be cancelled at any time. If you ask for the Card to be cancelled and we ask you to, you must surrender or destroy the cancelled Physical Card, and you must not use the cancelled Card.
We may cancel your Card at any time. Where possible, we will give you 20 days advance notice of the cancellation. However, we may act without prior notice if:
If we cancel your Card, we will give you notice as soon as reasonably practical afterwards.
We may revoke the Card at any time without cause or notice. If we ask you to, you must surrender or destroy the revoked Card and you must not use the revoked Card. When you surrender the Card, you must give us your correct name and contact address.
On the revocation or cancellation of the Card, we will pay the Available Balance to you when:
We are not liable:
Our liability in any event shall not exceed the amount of the Available Balance except in relation to:
We are not otherwise liable for the use, functionality or availability of compatible contactless terminals, or a reduced level of service caused by the failure of third party communications and network providers.
Any failure or delay enforcing a term of these Terms and Conditions does not mean a waiver of them.
We are subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the rules and other subordinate instruments under the Act (AML/CTF Laws). Before the Card can be activated, we are obliged to collect certain identification information from you (and verify that information) in compliance with the AML/CTF Laws. Customer identification information includes detailed 'know your customer' (KYC) information about the Cardholder such as:
We may be prohibited from offering services or entering into or conducting transactions with you if you do not provide this information.
You should be aware that:
You provide us with the following undertakings and indemnify us against any potential losses arising from any breach by you of such undertakings:
You agree that we may give written notices or other communications to you under or in connection with these Terms by either:
You may vary your nominated email address for Electronic Communication by notifying us through the Website and satisfying us of your identity.
In addition, we may give you notices, information or other communications to you relating to the Card:
If we give a notice, information or other communication to you electronically, you are taken to have received it on the day it is transmitted.
You agree that, for the purpose of telephone communications originated or received by us and for the purpose of Electronic Communications received by us or through the Website, we:
You must notify us immediately of any change to your address and other contract details by updating your details through the Website. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided.
We accept no responsibility or liability for late, lost or misdirected SMS messages or emails caused by inaccurate provision of personal details by you, or by system constraints or failures experienced by your email or mobile phone service providers.
BECS Participant means a participating financial institution member in BECS.
BECS Rules means the regulations and procedures issued by APCA from time to time governing the participation in, and the use and operation by participants, including Zeller, You and other financial institutions of, BECS.
BECS Transaction means a bulk electronic payment transaction processed through BECS, including a Credit Item, a Debit Item, a Refusal and a Return.
Credit Item means a credit payment instruction contained in a File addressed to a Ledger FI.
Debit Item means a debit payment instruction contained in a File, addressed to a Ledger FI.
Direct Entry Services means the services to be provided by Zeller to you as set out in clause 46.
File means one or more Items in an electronic format.
Item means a Credit Item and/or a Debit Item.
Ledger FI means the participant in BECS to which a Credit Item or Debit Item is addressed.
Refusal means the User's right to reject a Return in accordance with the BECS Rules.
Return means a reply from the Ledger FI indicating that the Credit Item or Debit Item was dishonoured or rejected for any reason including, but not limited to, the fact that the relevant account was unidentified, direct crediting or debiting through BECS was not available on the account, or the account was closed or suspended or contained insufficient funds.
Settlement Services means the Settlement related services provided by Zeller to you, as further described in Clause 45.
Transaction means a BECS Transaction, effected in accordance with the provision of Services by Zeller under this Direct Entry Payment Processing Services Agreement in respect of You or the Your customers.
Subject to the other terms of this Part I, Zeller agrees to provide the NPP Services to you in accordance with the terms of this Part I.
If we determine that a settled NPP Payment from your Zeller Account:
or if you request a return of all of an NPP overpayment (or the amount overpaid), we may request a return of the payment from the NPP payee’s financial institution. That financial institution must use reasonable endeavours to assess and determine whether the payment is one of the payments described above, and if it is satisfied that it is one of these payments, it may make a payment return (or return the amount overpaid) within 10 Business Days.
The following definitions apply in this Part I:
Account Holder means the person who owns or is authorised to operate an Account.
Authorised User means you and any person you have authorised to operate your Account.
Basic Single Credit Transfer and BSCT means a credit payment message, other than an OS Payment, sent by an NPP Participant via the NPP Basic Infrastructure for the benefit of a Payee with another NPP Participant or Identified Institution.
Connected Institution means a body corporate which is connected to the NPP Basic Infrastructure solely for the purpose of sending and receiving Non-Value Messages, and which may also be an Overlay Service Provider.
Duplicate Payment means an NPP Payment which has the same Transaction ID as another NPP Payment within any 48-hour period (but which is not a Replay).
ePayments Code refers to the amended code formerly known as the Electronic Funds Transfer Code of Conduct issued by the Australian Securities & Investments Commission on 1st April 2001, as amended on 20 March 2013, and includes any subsequent amendments or replacements.
Error Payment means an NPP Payment initiated by a Payer who is not a ‘user’ as that term is defined in the ePayments Code, which, as a result of the Payer’s error, is directed to the wrong Account.
FI means a financial institution.
FSS means Fast Settlement Service, the RBA’s settlement service operated as part of RITS for settlement of NPP Payments by NPP Participants.
Full Participant means an NPP Participant which:
Identified Institution means an institution that is not connected to the NPP Basic Infrastructure, but which has an arrangement with one or more NPP Participants to clear and/or settle NPP Payments on its behalf using the institution’s BSB, associated BIC11 and payment routing information set out in the NPP Business Reference Data Table.
ISO 20022 refers to the international standard for financial industry messaging set out in the document ISO 20022 Financial Services - Universal financial industry message scheme.
Misdirected Payment means an NPP Payment initiated by a Payer, using a PayID as a proxy for the destination PayID Address, which is directed to an incorrect Account because the Registering Participant has not correctly registered or maintained the PayID Information.
Mistaken Payment means an NPP Payment initiated by a Payer who is a ‘user’, as that term is defined in the ePayments Code, which, as a result of the Payer’s error, is directed to the wrong Account, for example the Payer:
Non-Value Message means a non-value message, such as a payment initiation or inquiry message, which may be sent and received via the NPP Basic Infrastructure.
NPP means the New Payments Platform.
NPP Adjustment means a transaction initiated by us or you to adjust or reverse an NPP Payment which has already been cleared and settled.
NPP Addressing Service means that component of the NPP Basic Infrastructure that enables registration of PayID Information and performance of Addressing Lookups.
NPPA means NPP Australia Limited ABN 68 601 428 737, the company which owns and operates the NPP.
NPP Basic Infrastructure or BI means the NPP Basic Infrastructure network and addressing service operated by SWIFT, with link settlement via the FSS. The BI:
NPP Message means a financial message within the NPP Message Set formatted in accordance with ISO 20022.
NPP Message Set means the set of ISO 20022 messages approved and published by NPPA for use within the NPP Basic Infrastructure.
NPP Participant means a Full Participant, a Clearing Participant or a Settlement Participant.
NPP Payment means a Basic Single Credit Transfer, an OS Payment and associated messages.
NPP Payment Message means a clearing or settlement message exchanged between a Payer FI and Payee FI in order to move funds from a Payer to a Payee Account.
NPP Payment Return means an NPP Message that a Payee FI will send to effect a return of a settled Misdirected Payment, Mistaken Payment, Error Payment, Duplicate Payment or other settled NPP Payment which it determines to return (as an unsolicited Payment Return) or which it returns pursuant to a Payer Participant’s Request for Payment Return.
NPP Payment Return Request means the NPP Message generated by a Payer Participant to request the return of a settled NPP Payment.
NPP Regulations means means the rules prescribed by NPPA that establish the core obligations and rights between NPPA, NPP Participants, Connected Institutions and Overlay Service Providers, including, without limitation, the annexures, and schedules to those regulations, as amended from time to time.
NPP Services means the Services to be provided by Zeller which provide NPP payment functionality from the Zeller Account .
Osko is an Overlay Service provided by BPAY comprising:
Organisation ID means an identifier for a customer that is a business customer or organisation, constructed by us as <business name> and/or<description of business/campaign/product>and/or<geographic location/state>.
Overlay Service means a payment service, or payment related service, that leverages the NPP Basic Infrastructure to provide added functionality to users.
Overlay Service Payment or OS Payment means an overlay service payment transaction, and associated messages, cleared and settled using the NPP Basic Infrastructure by an NPP Participant (which is either an OS Subscriber or a provider of NPP clearing and settlement services to an OS Subscriber) pursuant to scheme rules established by an Overlay Service Provider.
Overlay Service Provider or OSP means a person who is authorised by NPPA to provide an Overlay Service.
Overlay Service Subscriber or OS Subscriber in relation to an Overlay Service means a subscriber to the Overlay Service.
Payee means, in relation to a Payment, the Account Holder of the destination Account.
Payee FI means the Financial Institution where the Payee Account is held.
Payee Participant, in relation to an NPP Payment, means the NPP Participant to which the Clearing Request is directed.
Payer means, in relation to a Payment, the Account Holder of the source Account.
Payer FI means the Financial Institution where the Payer Account is held.
Payer Participant, in relation to an NPP Payment, means the NPP Participant which sends a Clearing Request.
PayID and PayID Identifier means an alternative identifier, such as a phone number or email address, or any other unique identifier for an Account approved by NPPA for registration in the NPP Addressing Service.
PayID Address means the Issuer Identifier and Account Number associated with a PayID.
PayID Information means the PayID Identifier, PayID Address and PayID Name for an Account.
PayID Name means a name, word, or any combination of alphanumeric and/or other approved characters to reasonably represent and identify an Account Holder, either generated for or selected by the Account Holder by or on behalf of the Registering Participant or selected by the Account Holder with Registering Participant approval.
PayID service means the central payment addressing service which is available for addressing NPP Payments. PayID Type means the type of identifier you select for receiving NPP Payments, which may be your telephone number, mobile number, email address, Australian company number, Australian business number or Organisation ID.
Payment means a movement of funds between Accounts using the Zeller NPP Solution.
Payment Request means a message that a Payee will send to a Payer requesting a Payment.
Payment Return means an NPP Message that a Payee Participant will send to effect a return of a settled Misdirected Payment, Mistaken Payment, Error Payment, Duplicate Payment or other settled NPP Payment which it determines to return (as an Unsolicited Payment Return) or which it returns pursuant to a Payer Participant’s NPP Payment Return Request.
RBA means the Reserve Bank of Australia.
Registering Participant means the Full Participant or Clearing Participant which:
Replay means the resending of an NPP Message with the same Transaction ID.
Request for Payment Return means a Non-Value Message used by a Payer Participant to request a Payee Participant to return the funds of a previously settled NPP Payment.
RITS means the RBA’s Information & Transfer System, which is Australia’s high value real-time gross settlement (RTGS) system, and is used by banks and other approved institutions to settle obligations arising from the exchange of payments and securities transactions.
Service Provider means providers of technology solutions that can integrate with the Zeller NPP Solution (also referred to as ‘Connectors’).
Transaction means an end to end Payment, Payment Return or Payment Request made between parties via multiple message exchanges.
Transaction ID means the unique transaction reference assigned by the Payer Participant’s Back Office System to each Clearing Request sent from its PAG and which is to be included in all subsequent and associated NPP Messages.
Zeller Account has the meaning given to it under clause 11.
Zeller NPP Solution means the package of NPP Services made available by Zeller to its clients.
Without limiting any other obligation in this clause 52, You undertake to:
comply, with all relevant Laws and Industry Codes; and
settle with Zeller in relation to the amount payable by You in connection with BPAY Transactions.
Without limiting any other obligation in this Part J, You acknowledge and agree that
You acknowledge that all rights, title and interest in any Intellectual Property which is used by and in relation to the BPAY Scheme and all goodwill resulting from the use of the BPAY Scheme belongs to BPAY.
In this Part J, words not defined below will have the meaning given to those words under these Terms. Unless the context requires otherwise, in this Part J:
BPAY means BPAY Pty Limited ABN 69 079 137 518.
BPAY Member means a member of the BPAY Scheme.
BPAY Services means the services to be provided by Zeller to the Client as set out in section 52.
BPAY Scheme means the electronic payments service, owned and promoted by BPAY which enables billers to receive payments from payers.
BPAY Transaction means a transaction processed through the BPAY Scheme.
Zeller BPAY Settlement System means the system developed and operated by Zeller to:
In this Part K, words not defined below will have the meaning given to those words under these Terms. Unless the context requires otherwise, in this Part K:
Adjustments means an adjustment to an original Payment to correct or rectify a problem. Adjustments can be made in the event of a Processing Error, Mistaken Payment, Unauthorised Transaction or if there is a need for a Refund.
Banking Business Day means any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
Biller means the Participating Biller.
Biller Agreement means the agreement between Zeller and its Financial Institution.
Biller Code means the unique numerical code or codes allocated to you by us.
Biller Information Files means a file produced by us on a Banking Business Day, containing details of Payment Instructions processed on that day.
BPAY means BPAY Pty Ltd (ABN 69 079 137 518), Level 1, 255 George Street Sydney NSW 2000.
BPAY Payments means the electronic payments service promoted by BPAY which allows billers to receive bill payments from their customers through the BPAY Scheme.
BPAY Scheme Documents means any rules, manuals, procedures or other documents issued by BPAY setting out the rights and obligations of persons participating in the Scheme.
ePayments Code means the electronic payments code, administered and amended from time to time by the Australian Securities and Investments Commission, which regulates electronic payment facilities in Australia.
Financial Institution means the financial institution with whom the Master Biller or (where the Master Biller permits Payments and Adjustments to be made directly to and from the Zeller Account of the Sub-biller) the Sub-biller holds the Zeller Account.
Fixed Payment Bill means a Bill for which Payment needs to be made for a specified amount and/or by a specified date.
Fraudulent Payment is a Payment that is made as a result of one of your customers being fraudulently induced into making the Payment.
Marks means the BPAY trademarks, logos and other materials which are incorporated onto your invoices and other documents relevant to BPAY Payments by Zeller on your behalf.
Master Biller means Zeller.
Mistaken Payment means a Payment that is made incorrectly as a result of an erroneous payment direction given by one of your customers.
Participating Biller means you.
Payer means a customer of a Biller who uses BPAY Payments to make a Payment to a Biller.
Payment Cut-Off Time means the time on a Banking Business Day set from time to time by your customers’ financial institution as the time by which that financial institution must receive a direction from that customer for it to be included in a Payment Instruction processed by it or sent to BPAY on that day.
Payment Instruction means either an instruction given by or on behalf of your customer’s financial institution to effect a Payment or an Adjustment through BPAY Payments.
Payment means a payment made, or to be made, by or on behalf of a customer to you as a biller through BPAY Payments.
Payment Methods and Limits means the payment methods and limits specified by us from time to time.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Processing Error means a Payment that is made incorrectly as a result of an error by us, another financial institution, BPAY or any of their service providers.
Scheme means the scheme operated by BPAY from time to time to provide payments services to end customers.
Service means BPAY Payments.
Sub-biller means You.
Systems includes hardware, software, configurations and technical processes.
Unauthorised Transactions means any Fraudulent Payment or Payment that is otherwise made without the authority of your customer who was purported as having given the relevant authority.
Zeller Account means the account or accounts to be credited for Payments, credited or debited as necessary for Adjustments and debited for fees, and such other accounts in addition to or substitution for that account or those accounts which are notified in writing to us from time to time.