TERMS AND CONDITIONS OF USE
1. The Application
1.1 Welcome to Splitr (the 'Application'), which is operated by Greyline International Pty Ltd (ACN 607 504 487) trading as Splitr.
2. Acceptance of the Terms
2.2 We may at any time change, add or remove any part of these Terms by posting amended Terms & Conditions on the Application and on our website. If any modification is unacceptable to you, you should stop using the Application. Unless otherwise specifically set forth in the amended Terms & Conditions, all changes will be effective upon the date the amended Terms & Conditions are published on the Application. Your continued use of the Application following the effective date will constitute binding acceptance of the Terms & Conditions and agreement to be bound by the changes specified therein. It is your responsibility to frequently check and review the terms of the Application so as to be aware of our most current Terms & Conditions. If any new content, products or services become available, they will be considered as part of the Application and your use of them will be governed by ourTerms& Conditions.
Account is the personal account of a Registered User that contains Credit Card Details and details of an Eligible Bank Account.
Claim Code is a unique code generated by the Application that identifies a Payment Request from a Registered User to a Recipient, so that we can monitor and, track and satisfy Payment of a Payment Request.
Credit Card is a card issued by a Financial Institution to the Registered User or Recipient, enabling that person to pay for goods and services, including by way of a short term loan.
Credit Card Details are the details of a valid Credit Card or debit card issued to you by an authorised Financial Institution required to facilitate Payments within the Application.
Eligible Bank Account is the Registered User’s account with an Australian deposit taking institution that can be selected as the account to receive money via the Application.
Fees are the fees and charges as specified in the Fees & Transactions Terms.
Financial Institution is an institution regulated by APRA or ASIC company that is authorised to issued your Credit Card and/or is the financial institution authorised deposit taking institution at which you have your Eligible Bank Account (as appropriate).
Intellectual Property Rights means all rights subsisting in copyright, rights in designs, circuit layouts, Marks, rights in information including know-how and confidential information, patents, rights in inventions, discoveries, trade and business names, rights to sue for passing off or for unfair competition, and domain names and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation 1967, whether registered or unregistered and including all applications for, and renewals, extensions or revivals of, such rights for their full term
Loss means any claim, loss, liability, damage, charge, compensation, fine, penalty, payment, outgoings, cost or expense (including legal expenses on a full indemnity basis and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) of any nature or kind, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Mobile device means an iOS or Android device owned or exclusively used by a Registered User or Recipient onto which the Application has been downloaded.
A Registered User is an account holder within the Application, who has installed the Application onto their mobile device and completed registration.
Payment is the satisfaction of a Payment Request by transferring money from an Eligible Bank Account or by way of a Credit Card.
Payment Request is a request by a Registered User to a Recipient requesting a payment or reimbursement.
Personal Details means your legal name, user name, a valid email address, principal place of residence, DOB, mobile telephone number and password, and such other details as requested by us in order to provide you with the Services.
Recipient is a person that receives a Payment Request from a Registered User, who themselves may be a Registered User or not.
Services means (a) calculating an individuals item(s) of sale within an expenses and/or bill; (b) the sale of items, notification, tracking of payments and payment requests; and (c) providing a way to make Payments to and accepting Payments from third parties.
Stripe means Stripe Payments Australia Pty Ltd (A.C.N. 160 180 343).
4. Using the Application
4.1 To be a Registered User and/or satisfy a Payment Request, a User must download the Application on their mobile device and complete registration, which may require Registered Users to:
- Confirm that they are an Australian citizen or resident.
- Confirm they are over the age of 18 years
- Provide and/or verify identification details.
- Be the primary account holder for the mobile device on which the Application has been downloaded
- Provide Credit Card Details and/or details of an Eligible Bank Account
- Accept these Terms.
4.2 You may initiate registration of your Account by connecting with your Facebook® account, however, we will still need additional information to create your Account.
4.3 As a User/Registered User of the Application you must not:
- Create more than one Account for yourself, whether by using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified or incorrect personal details or otherwise;
- Use an anonymizing proxy;
- Infringe our Intellectual Property Rights;
- Do anything which may damage, disable, disrupt, impair or interfere with the proper operation of the Application or the Services (or any part thereof);
- Harass, intimidate, defame, bully, abuse or offend any other person or make a claim (either fraudulently or that is knowingly false) against another person;
- Engage in any unlawful act that would breach any Australian legislation, including money laundering;
- Provide your mobile device to any other person who may access the Application without your consent;
- Disclose any passcodes, usernames or passwords used to access the Application;
- Refuse to cooperate with any request or investigation concerning your personal details;
- Attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive funds from us and the recipient of the funds, or Financial Institution for the same transaction;
- Use the Application in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us or another User;
- Allow your Account to have a negative balance; provide yourself a cash advance from your credit card (or help others to do so);
- Disclose or distribute another’s personal details to us or a third party unless you receive their consent to do so;
- Use the information in the Application for marketing purposes or to send unsolicited emails, or assisting in sending, unsolicited email to third parties;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, including the Application;
- Use any robot, spider, other automatic device, or manual process to monitor or copy the Application or any part thereof without our prior written permission; and/or
- Use any device, software or routine to interfere or attempt to interfere with the Application or the Services.
4.4 Users acknowledge that:
- You will only use the Application for person-to-person transfers with friends, family and other people whom you know;
- We may need to take steps to validate your identity and/or authenticate your Personal Details, Eligible Bank Account, Credit Card Details and you consent to us making those enquiries for the purposes of assessing your suitability and capacity to be a Registered User;
- You are responsible for taking security measures to stop any authorised use of their mobile device;
- You are responsible for satisfying yourself that a Payment Request is correct and acceptable to a Recipient;
- You are responsible for the accuracy of all Payments sent using the Application, including but not limited to the accuracy of the amount paid and the Recipient’s details.
- The Credit Card details and Eligible Bank Account details we hold for you are correct and up to date;
- Payments can only be made to or from an Australian bank account.
- Payment instructions and requests can only be created by Registered Users;
- Your User name may be disclosed to the Recipient of the funds to assist them in identifying the transaction;
- You must notify us immediately if:
- Your mobile device used to access and use the Application is lost, stolen or fraudulently accessed so that we can ‘place a stop’ on your Account;
- The phone number of your mobile device changes; or
- If you become aware of any unauthorised transaction or error on your Account.
5. Mobile devices
5.1 Users are responsible for using a mobile device with the capability to send and receive data and SMS. We are not responsible for any inability of a mobile device to access the Application, or any loss or damage to a mobile device resulting from your use or attempted use of the Application. We are unable to provide any advice specific to your mobile device, including data connection, charges by your telecommunications carrier, etc.
6. Fees & Charges & Transactions guidelines
6.1 All Fees and details regarding charges for Payments made via the Application are governed by our Fees and Transactions Terms. Your acceptance of these Terms is acceptance of our Fees and Transactions Terms, and those of our payments provider, Stripe.
6.2 Unless agreed otherwise, we will only provide you with a refund of our Fees in accordance with the Fees and Transactions Terms.
Generating a Split
7.1 Users can generate a Payment Request through the Application, by choosing to add their Facebook friends or contacts from the contact list on their mobile device, or by adding a phone number to the contact list within the Application.
7.2 To use the Facebook functionality, users will need to agree to and allow the Application to access their Facebook profile.
7.3 A Payment Request is sent by the Application via a push notification. Each Registered User will receive the push notification on their device where the Application is installed. Where a contact is not a Registered User or has uninstalled the Application, they will receive a payment notification via SMS and be required to download and access the Application.
7.4 Users are responsible for the free text portion of the Payment Notification. It is a breach of both Facebook and the Application’s Terms to use any language that is offensive or may cause offence, including content that is obscene, defamatory, racist or sexist. Users should note that they may also be liable in defamation for any content they share.
7.5 You can send a Payment Request to another Registered User, a mobile device contact or a Facebook friend (Recipient).A Payment Request is created in the same way as making a Payment but rather than making a Payment, the Register User requests a Payment to be made by the Recipient to them.
7.6 If you make a Payment Request in error or by mistake, you may cancel a Payment Request at any time up until Payment. After that time, you and/or the Recipient should contact the relevant Financial Institution.
7.7 A Recipient must confirm or decline a Payment Request, and has the option of changing the amount they have been requested to pay. An account will not be debited/credited until the Recipient of the Payment Request confirms that they wish to make the Payment.
7.8 It is the responsibility of the Registered User to confirm a Payment Request (including the amount of the Payment Request) with any proposed Recipient as any chargebacks or fees resulting from Payment disputes with or refusals from a Recipient in respect of a Payment Request will be charged directly to the Registered User, unless the Application has generated an error.
7.9 If a Recipient of a Payment Request is not a Registered User they will receive an SMS notification of the Payment Request and a link to download and install the Application. Once they have completed Registration, they may confirm the Payment. When the Recipient signs up, the Payment Request will be in their recent activity for them to accept.
7.10 If the Recipient doesn't accept your a Payment Request within 10 days it will expire. In these circumstances, you will need to create a new Payment Request.
7.11 We are not responsible and cannot be held liable for any Loss if a Recipient declines a Payment Request or if a Payment Request expires.
Making a Payment
7.12 To make a Payment Request, you must be a Registered User.
7.13 Registered Users may select how they will pay for a Payment Request. The Application will default to payment from a Registered User’s Credit Card
7.14 If a Recipient confirms a Payment Request, and the Applications generated an error such that the Register User is over paid on a Payment Request and the overpayment successfully came out of the Recipient’s Eligible bank account, the Recipient should contact us within 45 days of the overpayment on email@example.com and raise an electronic dispute, requesting a refund. We will require proof of the overpayment and other details as required.
7.15 All payments are made through our payment provider, Stripe.
7.16 You may access your transaction history through the “Settings” tab in the Application.
7.17 If you are concerned about any activity on your Account, you should immediately contact us on firstname.lastname@example.org and contact your Financial Institution.
Money Limits on your Account
7.18 As the Application provides a safe, hassle free way to share costs for every day expenses, your Account is subject to a weekly monetary limit for all transactions on your Account of $1999.98, made up of any combination of:
- Sending money - $999.99 per transaction, up to a total of $1999.98 per week;
- Receiving Money - $999.99 per transaction, up to a total of $1999.98 per week.
7.19 Weekly limits on Accounts reset at 8am on each Monday of the week, and limits do not roll over or accumulate.
8. Copyright and Intellectual Property
8.1 The Application, the Services and all of our related products are valuable Intellectual Property owned by or licensed to us.
8.2 Trademarks used to describe third parties are trademarks of those third parties.
8.3 You acknowledge and agree that, except as expressly set out in these Terms, you obtain no Intellectual Property Rights in or to the Application, the Services or any related product or service offered or provided by us.
8.4 As between you and us, all Intellectual Property Rights in the Application vest in us. If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property Rights in the Application or our website, please let us know.
9. Our Rights
9.1 If we have reason to believe that you have engaged in any unlawful act or breached these Terms, we may take such actions as we deem, in our sole discretion, appropriate. This includes, but is not limited to, the following:
- Close, suspend, or limit your access to your Account (such as limiting access to any of your funding sources, including and your ability to send or manage Payment Requests or money, make withdrawals, or remove financial information);
- Contact Registered Users who have sent you money, contact any relevant Financial Institution, including the provider of your authorised bank account Eligible Bank Account or Credit Card issuer;
- Refuse to provide the Services to you;
- Hold your funds put a hold on any Payments and Payment Requests until we investigate matter; and/or
- We may take action against you.
9.2 We also reserve the right to terminate the provision of Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Account.
10.1 If you are in the business of providing similar Services to us for the purpose of providing them to users for a commercial gain, whether it’s to business users or domestic users, then you are a competitor of ours. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Splitr will hold you fully liable for any loss that we may sustain and hold you accountable for all profits that you might make from breaching our intellectual property.
11.1 You agree to indemnify us from and against:
- For all Reversals, Chargebacks, claims, fees, Fines, penalties and other liability incurred by us arising out of your breach of these Terms. You agree to reimburse us for any Loss arising in these circumstances;
- All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis)Loss incurred, suffered or arising out of or in connection with anything you enter in the Application, or in a Payment Request Your Content;
- Any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- Any breach of the Terms
12. General Disclaimer
12.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2 To the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) we will not be liable for any Loss including special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, loss arising out of an act or omission on your part or damage to goodwill arising out of or in connection with the Application, the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3 We do not endorse any opinion, advice or statement made by any Registered User or other person on or through the Application.
12.4 Use of the Application and the Services is at your own risk.
12.5 The Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. We make no representation or warranty about the Application (including but not limited to its accuracy, currency or completeness), Services or any matter referred to in the Application. This includes (but is not restricted to) Loss or damage you might suffer as a result of any of the following:
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Services, or any services offered by us similar to the of its Services
- your use of the Application, including Stripe's services use of Stripe and any third party material, links advertisements or otherwise on the Application;
- costs incurred as a result of you using the Application, the Services or any of our products; and
- the Services or operation in respect to links which are provided for your convenience.
13. Limitation of liability
13.1 Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2 We are not liable when, through no fault of ours:
- You do not have enough money in your Eligible Bank Account, and Company is unable to charge the transaction to your linked Credit Card, for reasons including but not limited to you exceeding any applicable credit limit;
- The funds in your Eligible Bank Account are subject to legal process or other encumbrance restricting their use;
- If the Application was not working properly and you knew about the breakdown when you started a Payment or Payment Request;
- If the failure results from a failure of a Financial Institution or provider of any relevant Credit Card or Eligible Bank Account, or we are unable to access a linked credit card for any reason;
- If you provided inaccurate or incomplete information in respect of a Payment or Payment Request;
- Any Payment or Payment Request appears suspicious, fraudulent, or unauthorised (in our or Stripe's sole discretion) or if an Account is under investigation, and a Payment is not effected because of this;
13.3 If a User incorrectly enters their banking details they should contact the user who created the Payment and ask them to either cancel the payment. We are not liable for matter where a User has incorrectly entered details relating to their Eligible Bank Account or Credit Card
14. Dispute Resolution
14.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
14.2 Before a party seeks any external dispute resolution in relation to a dispute arising in connection with this Agreement these Terms or use of the Application, it will, use reasonable endeavours to resolve the dispute with the other party prior to commencing proceedings.
14.3 If the parties are not able to resolve a dispute in accordance with this clause 14 within 30 Business Days, the parties will endeavour to resolve the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
14.4 The mediation will be conducted in accordance with the ACDC Guide lines for Commercial Mediation(Guidelines) that are in operation at the time that the dispute is referred to the ACDC.
14.5 The Guide lines set out the procedures to be adopted, the process for selection of the mediator and the costs involved.
14.6 The terms of the Guidelines are hereby deemed incorporated into these Terms.
14.7 Despite the existence of a dispute between the parties with respect to these Terms, each party will continue to comply with its obligations under these Terms.
14.8 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.9 This entire clause will survive termination of this Agreement
14.10 If one (1) day has elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either Party may ask the Mediator to terminate the mediation and the Mediator must do so.
15. Reporting misconduct
15.1 Without limiting any of the foregoing, you may report the misconduct of Users, or any other party. We may investigate the claim and take appropriate action, in our sole discretion.
16.1 In the event that any provision of these Terms is determined to be unenforceable to any extent, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted by law, and shall not affect the validity and enforceability of any remaining provisions.
17. Governing law
17.1 These Terms are governed by the laws in force in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.