In these General Terms, 'us', 'we' and 'our' means PayActiv and our related bodies corporate.
Grant of Licence
Subject to the terms and conditions of this agreement, we grant you a non-exclusive, non-transferable, non-sub licensable licence to use and access the PayActiv Platform, in accordance with the General Terms, for the duration of term set out in clause 2.
Term and termination
These General Terms commence when you request to enrol in your employer's PayActiv Benefit Membership Program (Enrolment) in accordance with clause 4, and continue in full force and effect until:
- you are notified that your request for Enrolment has been rejected;
- you cancel your Enrolment or Account; or
- we terminate your Enrolment or Account in accordance with these General Terms.
If you breach the General Terms, we may (without notice):
- terminate your Enrolment or Account or suspend your access to the PayActiv Platform; and
- prevent your further access to the PayActiv Platform.
Upon termination, you shall cease all use of the PayActiv Platform, and we reserve the right to delete your Account and any data we have in relation to your Account.
To the full extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause 2.
You may terminate your Account at any time, however you must first cancel any scheduled transfers or payments that have not yet been deducted from your Account.
Conditions of access
to comply with all applicable laws (including any applicable privacy laws);
not to copy, modify, merge, alter, adapt, translate, de compile, disassemble or reverse engineer any aspect of the PayActiv Platform or to otherwise attempt to derive the source code relating to any aspect of the PayActiv Platform, or to merge any software or any part of any software with any aspect of the PayActiv Platform unless expressly permitted by the General Terms;
not to interfere in any manner with the PayActiv Platform or its source code or any work product of PayActiv (except as permitted by the General Terms);
- not in any circumstances to sell or license or offer for sale or license your Account, nor to allow any person to use or have access to your username or password, other than as permitted by the General Terms;
- not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the PayActiv Platform;
- not to use any data mining, gathering or extraction tools (excluding tools provided by the PayActiv Platform for your use); and
- that we cannot guarantee and do not promise any specific results from the use of the PayActiv Platform.
You must have an Account to access products and services available through the PayActiv Platform.
To create an Account, you must request to Enrol, and be accepted, into your employer's PayActiv Benefit Membership Program.
When your request is accepted, we will provide you with an account, including a user name and password (Account). You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To submit a request to be Enrolled, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the PayActiv Platform in accordance with these General Terms.
In addition to the types of information we collect from you as part of the Enrolment process under clause 4, we will also collect information from your employer about your employment including hire and termination dates, the hours or days you have worked and your remuneration.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you.
Accuracy, completeness and timeliness of information
The information within the PayActiv Platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the PayActiv Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the PayActiv Platform. You should monitor any changes to the information contained on the PayActiv Platform.
We are not liable to you or anyone else if interference with or damage to your computer systems, mobile phone or tablet occurs in connection with the use of the PayActiv Platform, or a linked website. You must take your own precautions to ensure that whatever you select for your use from the PayActiv Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the PayActiv Platform (including the General Terms) or the information, products or services described in it. However, we do not undertake to keep the PayActiv Platform updated. We are not liable to you or anyone else if errors occur in the information within the PayActiv Platform or if that information is not up-to-date.
Early Wage Payments
For transfers or payments made using the PayActiv Platform, including transfers to a bank account or payment of a bill (Early Wage Payments), additional terms and conditions may apply (Additional Terms). To schedule an Early Wage Payment using the PayActiv Platform, you need to agree to the Additional Terms applicable to that transaction. In case of any inconsistency between the Additional Terms and these General Terms, the Additional Terms will prevail.
The PayActiv Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the PayActiv Platform and in all of the material (including all text, graphics, logos, audio and software) made available on the PayActiv Platform (Content).
Your use of the PayActiv Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the PayActiv Platform or the Content. However we do grant you a licence to access the PayActiv Platform and view the Content in accordance with these General Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the PayActiv Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the PayActiv Platform, the Content or any part of it is prohibited, except to the extent permitted by law.
No commercial use
The PayActiv Platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the PayActiv Platform. You may not use the PayActiv Platform, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or application.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the PayActiv Platform, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using the PayActiv Platform to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
posting or transmitting to the PayActiv Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to the PayActiv Platform, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness, or any content contained in or generated by, the PayActiv Platform, or that:
- the use of the PayActiv Platform will be secure, timely, uninterrupted or error-free;
- the PayActiv Platform will operate in combination with any other hardware, software, system, or data;
- the PayActiv Platform (or any products, services, information, or other material purchased or obtained by you through the PayActiv Platform) will meet your requirements or expectations;
- any stored data will be accurate or reliable or that any stored data will not be lost or corrupted;
- errors or defects will be corrected; or
- the PayActiv Platform (or any server(s) that make a hosted service available) are free of viruses or other harmful components.
The PayActiv Platform and all other products are provided "as is" and to the extent permitted by law (including the Australian Consumer Law if applicable), we disclaim any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.
We shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control.
We reserve the right to restrict, suspend or terminate without notice your access to the PayActiv Platform, any Content, or any feature of the PayActiv Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the PayActiv Platform and/or the information or materials contained on it, or as a result of the inaccessibility of the PayActiv Platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the PayActiv Platform and these General Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.