March 2024
Version 2.0
Issued by Hay Limited ABN 34 629 037 403
Australian Financial Services Licence No. 515459
1. About
These Terms and Conditions (Terms) are our agreement with you about the use of your KttiPay Account (Account) and KttiPay Visa Debit Card (Card). If you commence using the Account and Card you will be deemed to have read, understood, and accept these Terms in relation to the Account and Card. It is called acceptance by conduct. It does not require your signature to be binding.
It is important that you understand these Terms because they set out our agreement on what will happen with things like how we use your information, security, fees and charges and limits.
Please also carefully read the Product Disclosure Statement (PDS) you were provided with when you applied for the and Card as these Terms form part of the PDS and together form our agreement with you for use of the and Card.
You should also read through the Target Market Determination (TMD) and Financial Services Guide (FSG) made available to you before applying for the and Card as together these form Hay’s agreement with you for the issuing and use of these products.
You can find the PDS here www.kttipay.com/pds
You can find the TMD here www.kttipay.com/tmd
You can find the FSG here www.kttipay.com/fsg
If you need further assistance or if you don’t understand any items in these documents, KttiPay can be reached at:
KttiPay support team:
Mail: PO Box 4, Northbridge NSW 1560
Email: support@kttipay.com
Website: www.kttipay.com
2. Meaning of words
In these Terms, words that commence with a capital letter have the following meaning:
Acceptance Brand means the symbols Visa uses at merchants and ATMs to inform Cardholders their Card can be used to make purchases or cash withdrawals.
Accountholder means the person in whose name a virtual is held by Hay.
Available Balance means the dollar value (in AUD) that is available in your at a particular point in time which you can view by using the KttiPay App and which you can utilise by using the KttiPay Visa Debit Card.
Block an Account means a status KttiPay or Hay has applied to suspend or block account transaction.
KttiPay means the product offered by KttiPay Pty Ltd that comprises the KttiPay Account and KttiPay Visa Debit Card.
KttiPay Account means the digital (virtual) account held by Hay to which the Accountholder can deposit funds and to which the KttiPay Visa Debit Card is linked to.
KttiPay App means the mobile application that operates and supports the KttiPay Account and Card.
KttiPay Visa Debit Card means a physical Visa debit card which is issued by Hay and which is linked to the KttiPay Account.
Cardholder means the person to whom a KttiPay Visa Debit Card is issued by Hay.
Chargeback means the process established by Visa in which a Customer challenges a transaction made via their Hay Card.
Device means any equipment (electronic or otherwise) or artefact designed to be used to access your KttiPay Account.
Disputed Transaction means a KttiPay Account transaction that the Accountholder is claiming is illegitimate in some way. For a KttiPay Account the process to lodge and assess this claim is established by NPP and DE.
Direct Entry means DE. The direct entry system is a means of making electronic payments by consumers and businesses to initiate Pay Anyone transactions using internet banking applications.
Freeze means an action initiated by us or by a Cardholder which result in all transactions on the KttiPay Visa Debit Card being suspended pending investigation and or instructions to Unfreeze.
Hay means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 (also referred to as we or us).
Hay Representative means an individual paid by Hay Limited to provide customer service for the KttiPay Account and Card.
Issuer means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 as the Issuer of both the KttiPay Account and Card.
Merchant means authorised vendors who are able to accept and process a Visa Debit Card.
NPP means the New Payments Platform. ‘NPP Payment’ means a payment cleared and settled via the NPP.
Passcode means the 6-digit passcode you nominate to protect access to the KttiPay App.
Pay Anyone means a payment from your KttiPay Account to another person’s account with an Australian Financial Institution by using the BSB and account number of the person to whom you are making the payment.
PIN means personal identification number and the set of digits used to protect access to your KttiPay Visa Debit Card which is created by you when signing up to KttiPay.
Purchase Transaction means a purchase transaction of goods and or services using the KttiPay Visa Debit Card at a Merchant.
Terms and Conditions means the detail and rules that apply to the opening, fulfilment and use the KttiPay Account and Card. They are an essential part of a contract between the Cardholder and Hay Limited as the KttiPay Visa Debit Card Issuer.
Unauthorised Transactions means a transaction which you haven’t authorised and without your knowledge and consent.
Unblock Account means an action KttiPay or Hay can execute to reinstate an Account for use by a KttiPay customer.
Unfreeze means the releasing of the Freeze either at a conclusion of an investigation by us or on instructions of the Cardholder.
Visa means Visa Worldwide PTE Ltd.
Visa Debit means authorised physical or digital cards with the Visa Acceptance Brand or markings.
We, us means Hay or Hay Limited.
3. The KttiPay Account and KttiPay Visa Debit Card
The only KttiPay profiles to hold a Hay Limited issued KttiPay Card and Account are Personal Kitty Owner, Group Kitty Owner or a Group Kitty Administrator.
When you are issued with a Card you will receive a physical card which is linked to your Account, and which can be viewed using the KttiPay App. Once you deposit funds into your Account, you can access these funds to conduct payments.
You can use the Card to withdraw cash at ATMs and conduct Purchase Transactions anywhere in the world where Visa Debit cards are accepted. You can also make Pay Anyone transactions from your Account via the KttiPay App. Note there are daily limits that applies (see clause 7.2).
You can view your Available Balance at any time by using the KttiPay App.
The KttiPay Account is not a bank account.
You can only access the Available Balance. Hay does not offer a credit facility and overdrawing the Available Balance in the Account is strictly prohibited. We reserve to decline any transaction request the result of which will exceed the Available Balance in the Account.
4. Eligibility
You will need to satisfy specific eligibility criteria to maintain this product. To qualify, you must:
- Be an individual person; and
- be aged 18 years or older; and
- have a valid Australian residential address.
5. Anti-money laundering and counter-terrorist financing
As an issuer of the Account and Card, we must comply with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML Act) and its related Regulations. There are several obligations under the AML Act which we must comply with including know your customer and certain reporting obligations. Accordingly, as part of the application process we will require evidence of who you are and where you live. As part of our legal obligations, we need to verify this information and accordingly, we check the information you provide against records maintained by credit reporting and fraud prevention agencies/ organisations. However, we don’t perform a credit check on you and the searches we perform are only for verifying your identity.
You must let us know as soon as possible when any of your details change.
We may need to block, delay, Freeze or refuse transactions or suspend or close your Account where we reasonably consider that a transaction is fraudulent or in breach of the AML Act or where we have concerns regarding your money laundering or terrorism financing risk. We must block the Account and Card until we verify your identity. We are not responsible for any loss that arises where this occurs. Where we can, we will let you know why we have stopped the transaction or Frozen the Card. However, in some cases our legal obligations will stop us from being able to tell you and failing to inform you of the reasons is not a breach by us of these Terms.
6. Activating your Card
Once we have approved your application for an Account and Card, and have submitted a request for a physical card, we will post you the Card. Before you use your Card for the first time you will need to verify you have received your KttiPay card in the KttiPay App.
In the event your card is a digital card provisioned onto your smart wallet, the card will be automatically activated.
7. Using your Account and card
7.1 Depositing value to your Account and Card
At any time you or someone on your behalf can deposit funds to your Account through the mechanism we specify. Predominantly, these deposits will occur through transferring funds electronically from another account with another financial institution.
You can find instructions for how you can deposit funds to your Account in the KttiPay App.
We may also add new ways to deposit funds into your Account in the future and we will publish these ways in the KttiPay App. We encourage you to check the KttiPay App from time to time for this and other important information.
Payments to your Account will be credited to your Available Balance when they have cleared.
Once deposits have cleared and are showing in your Account as clear funds, you can use the Card to access these funds by transacting through Merchants, Pay Anyone and or cash withdrawals at businesses that accept Visa.
7.2 Limits
There are default limits that apply to the Account and card for:
Default limits:
| Maximum balance | $15,000 |
| Minimum balance | $0 |
| Maximum deposit per day | $3,000 |
| Maximum ATM cash out per day | $1,000 |
| Maximum transfer limit per day (BPAY) | $ NA |
| Maximum bank transfer limit per day (DE/NPP) | $4,000 |
| Maximum single card transaction | $5,000 |
| Maximum card spend per day | $5,000 |
At any time, we can adjust the limits to protect your interests or ours and if we decide to adjust the limits, we will inform you of these changes by the KttiPay App. Unless it is for security or financial integrity reasons, we will inform you of any changes to the daily limits in advance no less than 10 Business Days before the change take place.
You can find the actual limits that apply to your Account and Card within the KttiPay App.
We will let you know via the KttiPay App if your limits are adjusted.
7.3 ATM withdrawals
You can withdraw cash from your Account using your Card at any ATM up to the limit that applies for ATM transactions. There are no Hay fees for using ATMs. However, you may be charged fees by other financial institutions or ATM providers when using their ATMs.
7.4 Card transactions
You can use your Card to make payments anywhere that Visa Debit cards are accepted.
Within Australia you can make contactless transactions under $100 without using your PIN. Contactless limits may vary in different countries. Like with any transaction, please make sure you check the amount is correct on the terminal before authorising a contactless transaction.
We will deduct the amount of any transaction using your Card from your Available Balance. You can’t stop payment on a transaction after it has been completed. For mistaken or disputed payments please refer to clause 10.
We do not allow negative balances in your Account. If you do not have sufficient balance in your Account, all transactions will be denied. It is your obligation to ensure that you have sufficient Available Balance to complete a transaction.
Sometimes a transaction cannot be processed due to reasons outside of our control, like where there are network issues which may affect the relevant payment terminal. We are not responsible where a transaction authorisation is declined for any reason.
7.5 Account transactions
You can make Pay Anyone payments from your Account using the KttiPay App. It is solely your responsibility to ensure that you enter the correct BSB and Account information when authorising internet payments from your Account. Where you enter the wrong information:
- funds may be credited to the Account of an unintended recipient if the BSB number and/ or identifier do not belong to the person you name as the recipient; and
- it may not be possible to recover funds from an unintended recipient.
7.6 Using your Card for foreign currency transactions
All transactions in foreign currencies will be converted into Australian dollars.
All foreign currency transactions will be processed using the foreign exchange rate determined by Visa at the time of settlement. We do not charge fees, margins, or spreads for foreign exchange payments. This may change in the future, and we will notify you 10 days in advance.
The actual foreign exchange rate that has been applied will be shown in your KttiPay App on settlement.
7.7 Restrictions on use
You must not use your Card and or the Account for any illegal purpose including purchasing anything that is illegal under Australian law.
If we suspect that the Account and or Card are being used for illegal activity, we will suspend the Account without notice to you.
You must not allow any other person to use your Account or Card. Doing so is a breach of these Terms and entitles us to Freeze your Account and Card. You will also not be able to reclaim any Unauthorised Transactions because you allowed someone else to use your Account and Card. You can only have one Card at a time.
8. Fees
Current fees and charges that apply to your Account and Card can be found here www.kttipay.com/pds.
We will debit your Available Balance for any fees that are payable to us.
We will let you know at least 30 days before a change takes effect through the KttiPay App of any fee changes to enable you sufficient time to decide whether you wish to continue to use your Account.
Merchants and financial institutions may also impose fees or surcharges which are separate to the fees and charges we charge as Issuers. We have no control over these third-party fees and cannot challenge these once a transaction is approved by you.
9. Security
9.1 Protecting your Card information and PIN
It is important that you keep your KttiPay App, Card information, PIN and Passcode secure. This means that you must not write down the PIN or the Passcode either on the Card or on something you carry with the Card or share your PIN or Passcode with any other person. You must not, without proper cause, disclose the card number to any person.
9.2 What to do when you suspect your Card is compromised or lost
If you believe your Card is lost (and there’s a chance you’ll find it), you can simply Freeze your Card on the KttiPay App. If you Freeze the Card, it will remain Frozen until you Unfreeze it and you will not be able to use it. While the physical Card is Frozen you can continue to make payments from your Account.
If you believe your Card has been lost, damaged, or compromised (not just temporarily lost) then you must immediately report your card lost or stolen within the KttiPay App and request a new card.
10. Responsibility for mistaken or unauthorised transactions
Where you think a transaction is an Unauthorised Transaction or is otherwise incorrect, please get in touch with KttiPay immediately via the KttiPay App and provide as much information as you can about the relevant transaction so KttiPay and Hay can investigate further.
There are specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers and card schemes (like Visa) that we deal with so it is important to let us know as soon as possible after you become aware of a disputed transaction.
If you suspect that the security of your Account has been compromised, please request KttiPay to block your Account to avoid continued unauthorised use.
10.1 Mistaken payment
Where you make a mistake when making a payment, you must inform us as soon as you realise that a mistaken payment was made. You must provide us with sufficient details of the transaction, so we can attempt to trace it. We will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.
10.2 Incorrect payments/issues with a purchase
If you have a problem with a purchase made with your Card or a disputed transaction, the first step is to get in touch with the merchant you made the purchase from.
If you cannot resolve the matter with the merchant, contact KttiPay about the disputed transaction via the KttiPay App.
11. Lost, stolen Card or compromised PIN
You will not be responsible for Unauthorised Transactions:
- that occur before your Card is issued to you;
- that occur after you have Frozen or cancelled your Card and while it remains Frozen; or
- where you didn’t contribute to the Unauthorised Transaction.
We may consider that you have contributed to an Unauthorised Transaction where:
- you have not kept your Card, PIN or Passcode reasonably secured; or
- there was an unreasonable delay in Disabling or cancelling your Card where you believed it was lost, stolen or otherwise compromised; or
- there was an unreasonable delay in reporting any unauthorised or mistaken payments.
12. Transaction history
You can view your transaction history on the KttiPay App at any time, from the specific kitty that transaction was made from. We take security very seriously but please regularly check it to make sure there is nothing unusual such as:
- transactions you don’t recognise;
- transactions you didn’t authorise;
- transactions where you never received the relevant goods or services;
- transactions where the purchase price differs to the purchase amount; or
- you think a transaction may have been duplicated.
13. Account and card cancellation by Us
We may Freeze or cancel the Card where we have concerns about its security and or for the purpose of protecting your Available Balance where we suspect the Card has been compromised.
If we become aware that you haven’t done what you’ve agreed to do as set out in these Terms we may suspend or cancel your Account. If this happens, we will let you know as soon as possible and refund your Available Balance to your nominated account.
14. Card Expiry
The expiry date is shown on your Card. We will contact you prior to the expiry to let you know next steps for continuing to use your Card after the expiry date.
15. How to close your KttiPay Account
You can close your Account via the KttiPay App. We cannot close the Account immediately as we need to wait for all payments and transactions undertaken by you to be settled before your Account can be closed. As soon as you notify us that you wish to close the Account, you will no longer be able to use your Card.
You will remain liable for any transactions that were not processed, or that occur, on your Account (including, but not limited to, outstanding merchant purchases) at the time the Account is closed.
You must also pay to us all unpaid fees and charges prior to closing the Account.
Once the Account is closed and we are satisfied that all outstanding transactions have been presented and settled, we will refund you the Available Balance to your nominated account.
16. How we can communicate with each other (notices)
You can contact us via the KttiPay App.
We may give you any information, notices or other documents related to the Account or Card by:
- notification (including a push notification) or message sent to you or your device through the KttiPay App;
- by email to the email address recorded for you in the KttiPay App;
- by letter to the address recorded for you in the KttiPay App.
17. Privacy
Hay will collect, handle and use your personal information in accordance with the Hay privacy policy available at https://www.hellohay.co/privacy.
The Hay privacy policy contains important information about the purposes for which Hay collect personal information, who the information may be disclosed to (including any overseas disclosures), how you can access and seek correction of the personal information Hay holds about you or how you can make a complaint about the handling of your personal information.
18. Limits and responsibility
Hay is responsible for things that occur that are our fault. This includes things like your Available Balance being incorrectly debited due to our error.
We are not responsible for things outside of our control like;
- where a merchant does not accept your card;
- delays or interruptions not caused by us;
- transactions not being able to be processed, despite us taking reasonable precautions;
- a dispute between you and the supplier of goods or services purchased with the Card.
To the extent permitted by law and Visa scheme rules, the most Hay is responsible for is the maximum value of a transaction processed due to our error or, for other things that Hay may be responsible for, the amount of your Available Balance.
19. PayTo Terms
19.1 PayTo Meaning of Words
Authorised Payment Mandate means a Mandate that has been authorised by the Linked Account Owner and stored in the Mandate Management Service, authorising an NPP Payment, or a series of NPP Payments, to be made from the Linked Account Owner’s account to your account, in accordance with its terms.
Mandate Management Service means the central, secure database operated by NPP Australia Limited of Authorised Payment Mandates.
NPP means the New Payments Platform operated by NPP Australia Limited.
NPP Payments means electronic payments cleared and settled by participating financial institutions via the NPP.
PayTo means a service which enables:
a. you to request, and the Linked Account Owner/s to pre-authorise an NPP Payment, or a series of NPP Payments, in accordance with an Authorised Payment Mandate;
b. to amend, suspend, unsuspend and cancel Authorised Payment Mandates.
Linked Account means the account from which you are requesting payment, which must be your own account, held with another financial institution.
Linked Account Owner means the owner of the account from which you are requesting payment. This may be you if you are debiting from your own account.
Linked Financial Institution means the financial institution of the Linked Account Owner.
Documentation means a series of manuals and guides, whether in an electronic form or otherwise provided to you to assist you in using the Mandated Payments Service.
we, us and our means Hay Limited A.B.N. 34 629 037 403 the issuer of the Account and Card and AFSL holder AFSL 515 459.
you and your means you as a KttiPay customer eligible to utilise Payto and the Mandate Management Service
19.2 Approval and ongoing conditions
To be eligible and continue to be eligible to use Payto throughout the Term, you must satisfy our eligibility requirements as communicated to you from time to time, including in relation to: your organisational, administrative and financial capabilities; your ability to comply with applicable laws and regulatory requirements; your governance, privacy and data protection arrangements; security arrangements; and operational arrangements.
19.3 Creating an Authorised Payment Mandate
An Authorised Payment Mandate may be initiated by you or us where either:
a. you are the owner of the Linked Account, or:
b. your customer is the owner of the Linked Account.
19.4 Creating an Authorised Payment Mandate for new Linked Account Owners
Once you have agreed the terms upon which you will engage with the Linked Account Owner, you must request the Linked Account Owner to provide their BSB and Account number. Any data provided to you by the Linked Account Owner will be provided in accordance with your privacy policy and terms and conditions. You will be responsible for any data provided to you by the Linked Account Owner.
You will instruct us to produce a Mandate which we will include on the Mandate Management Service. The Mandate Management Service will notify the financial institution of the Linked Account Owner (the Linked Financial Institution) of the Mandate at which point the Linked Account Owner will receive a notification to either authorise or reject the Mandate.
The Linked Account Owner is required to authorise or reject the Mandate within the period of time specified in the Mandate, otherwise the Mandate will lapse. Such period of time must not exceed 5 calendar days, (unless you and the Linked Account Owner are expecting a “real-time” response, in which case the Linked Account Owner/s are required to respond to the Mandate within 5 minutes. For clarity, where the Linked Account Owner does not authorise or reject the Mandate within the specified period of time, the Mandate is deemed to be rejected.
If the Linked Account Owner rejects a Mandate for any reason, the Linked Account Owner is required to contact you and you must amend and resubmit the details of the Mandate if you still wish for the Mandate to be established.
Once a Mandate has been authorised by the Linked Account Owner, the Linked Financial Institution will update the Mandate Management Service with this information and the Mandate becomes an Authorised Payment Mandate.
You may recall a Mandate at any time up until the point at which the Linked Account Owner authorises that Mandate in accordance with clause 1, or the Mandate expires.
You must not submit any more Mandate creation requests to the Linked Account than can be considered reasonable activity for personal use for individual customers, or reasonable activity for Business use for Business customers.
19.5 Amending an Authorised Payment Mandate
From time to time, the terms of the agreement between you and each Linked Account Owner may be amended which will then need to be captured in the relevant Authorised Payment Mandate. The amendment of an Authorised Payment Mandate must be initiated by you. You must obtain consent from each Linked Account Owner to any changes to the terms of your agreement with those customers before initiating an amendment to an Authorised Payment Mandate. You acknowledge that you hold, and are able to produce evidence upon request, of each Linked Account Owner’s consent obtained.
You must instruct us to process an amendment to the Authorised Payment Mandate in the Mandate Management Service on your behalf. The Mandate Management Service will notify the Linked Financial Institution of the amendment request at which point the Linked Account Owner is required to either authorise or reject the amendment request.
The Linked Account Owner must either authorise or reject the amendment request within 5 days, otherwise the amendment request will lapse. For clarity, where the Linked Account Owner does not authorise or reject the amendment request within the specified period of time, the amendment request is deemed to be rejected.
If the Linked Account Owner rejects the amendment request for any reason, the Linked Account Owner must contact you and have you resubmit the amendment request with the correct details, if they still wish for the Mandate to be established.
Once an amendment request has been authorised by the Linked Account Owner, the Linked Financial Institution will promptly update the Mandate Management Service with this information. The updated Authorised Payment Mandate will apply from the date that is specified in the agreement between you and the Linked Account Owner.
You must not submit any more amendment requests to the Linked Account than can be considered reasonable activity for personal use for individual customers.
19.6 Suspending and unsuspending an Authorised Payment Mandate
Subject to the terms of the agreement between you and each of your Linked Account Owners, you may suspend and unsuspend an Authorised Payment Mandate by submitting a Mandate management request . Any suspension or unsuspension of an Authorised Payment Mandate will generally be effective immediately. We will promptly notify the Linked Financial Institution of the suspension or unsuspension, who will in-turn promptly notify the Linked Account Owner.
Similarly, subject to the terms of the agreement between the you and each of your Linked Account Owners, the Linked Account Owner may suspend and unsuspend an Authorised Payment Mandate. We will promptly notify you of any such suspension and unsuspension via your app, subject to successful integration with the Shaype APIs.
19.7 Cancelling an Authorised Payment Mandate
Subject to the terms of the agreement between you and each Linked Account Owner, you may cancel an Authorised Payment Mandate by submitting a Mandate management request. Any cancellation of an Authorised Payment Mandate will generally be effective immediately. We will promptly notify each Linked Financial Institution of the cancellation, which will in-turn promptly notify each of Linked Account Owner.
Similarly, subject to the terms of the agreement between you and each Linked Account Owner, the Linked Account Owner may cancel an Authorised Payment Mandate. We will promptly notify you of any such cancellation via your app, subject to successful integration with the Shaype APIs.
19.8 Your responsibilities
You are responsible for the accuracy of the information that you provide to us in connection with all Mandates. You will be liable for any loss that we suffer in connection with any incorrect information provided by you.
You must notify us immediately if you no longer own or have authority to use the bank account to which an Authorised Payment Mandate has/will be made.
You must promptly respond to any notification that you receive from us regarding the suspension of an Authorised Payment Mandate for misuse, fraud or for any other reason. We will not be responsible for any loss that you suffer as a result of you not promptly responding to such a notification.
You are responsible for ensuring that you comply with the terms of any agreement that you have with Linked Account Owners.
If applicable, you must ensure that any billing notices are issued to Linked Account Owners in accordance with the terms of the agreement with the relevant Linked Account Owner.
If you experience any activity that appears suspicious or erroneous, please report such activity to us by contacting the Shaype operations team.
From time to time, you will receive a notification from us, requiring you to confirm that all of your Authorised Payment Mandates are accurate and up to date. You must promptly respond to this notification.
You must not use PayTo for fraudulent or improper purposes, which for clarity, includes (but is not limited to) where you contravene clauses 0, 1.15 or 1.22 of this agreement, or where you cancel or suspend an Authorised Payment Mandate without a lawful basis.
You may not request us to amend the payment details of another party.
We may provide you with separate documentation to assist you in using the Mandated Payments Service including manuals and guides, whether in an electronic form or otherwise (Documentation). You must comply with all terms in such Documentation that apply to your organisation.
All intellectual property, including but not limited to the PayTo trademarks and all documentation, remains our property, or that of our licensors (Our Intellectual Property). We grant to you a royalty free, non-exclusive license (or where applicable, sub-license) for the Term to use Our Intellectual Property for the sole purpose of transferring value and making payments within Australia.
Where an intellectual property infringement claim is made against you, we will have no liability to you under this agreement to the extent that any intellectual property infringement claim is based upon: (a) modifications to Our Intellectual Property by or on behalf of you in a manner that causes the infringement; (b) use of any item in combination with any hardware, software or other products or services in a manner that causes the infringement and where such combination was not within the reasonable contemplation of the parties given the intended use of the item; (c) your failure to use corrections or enhancements to Our Intellectual Property that are made available to you (except where the use of corrections or enhancements would have caused a defect in PayTo or would have had the effect of removing functionality or adversely affecting the performance of the PayTo); and (d) your failure to use Our Intellectual Property in accordance with this agreement.
We may terminate this agreement in accordance with the notification timeframes and methods set out in clause 13 ‘Card cancellation’. You may terminate this agreement by informing your Shaype customer success representative and the Shaype Operations Team of your wish to close the Account.
You must comply with all applicable laws in connection with your use of PayTo.
You must act promptly in relation to any instructions that you receive from Linked Account Owners.
You confirm that you are either obliged to comply with the Privacy Act 1988 (Cth), or if you are not obliged to comply with the Privacy Act 1988 (Cth), you confirm that you will comply with the Privacy Act 1988 (Cth) as if you are an “APP entity” (as that term is defined in the Privacy Act 1988 (Cth)).
19.9 Our responsibilities
We will accurately reflect the information provided by you in connection with a Mandate, Authorised Payment Mandate in the Mandate Management System, subject to your app’s successful integration with the Shaype APIs.
We may monitor your Authorised Payment Mandates for misuse, fraud and security reasons. You acknowledge and consent to us suspending all or some of your Authorised Payment Mandates if we reasonably suspect misuse, fraud or security issues. We will promptly notify you of any such action to suspend an Authorised Payment Mandate.
We may temporarily or permanently restrict your use of PayTo and the Mandate Management Service if you fail to meet the requirements of this agreement, breach a law or regulation relevant to PayTo (or you are suspected of breaching such a law or regulation), or you suffer an Insolvency or Bankruptcy Event.
19.10 Privacy
You confirm that you have obtained all necessary privacy consents from Linked Account Owners to provide the Linked Account Owners’ personal information when initiating a Mandate. You authorise us and any Linked Financial Institution to collect, store and use your personal information (amongst other information) in connection with PayTo, including for the purposes of constructing NPP Payment messages and enabling us to receive NPP Payments in your Account.
20. BPAY
You must hold an active KttiPay Account to make BPAY payments through the BPAY scheme and these terms and conditions will apply. KttiPay provides BPAY through Hay, which is a member of the BPAY scheme
20.1 About the BPAY scheme
i) The BPAY scheme is an electronic payments scheme through which you can instruct Hay to make payments to billers who accept BPAY payments through the BPAY scheme.
ii) Hay is a member of the BPAY scheme. We will inform you if we cease to become a member.
iii) The terms and conditions set out in this section apply when you make a payment through the BPAY Scheme with Hay.
20.2 Using the BPAY scheme
When you instruct Hay to make a BPAY payment, you must provide Hay with the following information:
- the BPAY biller code of the biller to be paid;
- the amount of the BPAY payment;
- the biller customer reference number; and
- the date you wish to make the payment
- You acknowledge and accept that Hay are not obliged to make a BPAY payment if you fail to provide all of the information or provide inaccurate information.
- If the information is successfully provided, Hay will debit the specified account with the amount of that BPAY payment on the date you have provided when setting up the payment.
- Hay will not make the BPAY payment if there are insufficient funds in the specified account for the date you have instructed us to make that payment.
20.3 BPAY scheme payments
1. Hay cannot not accept an instruction to stop a BPAY payment once you have instructed us to make that BPAY payment.
2. The processing of a BPAY payment may be delayed where:
- There is a public or bank holiday on the day you tell Hay to make a BPAY payment;
- You tell Hay to make a BPAY payment on a non-business day;
- Another financial institution participating in the BPAY scheme does not comply with its obligations under the BPAY scheme;
- A biller fails to comply with its obligations under the BPAY scheme.
3. Although any BPAY payment processing delay is not expected to continue for more than one business day, you acknowledge and accept that a delay may continue for a longer period.
20.4 Incorrect payment amount to a biller
1. If you believe that you have made a mistake in a BPAY payment, you must contact us as soon as possible so that we can identify and assess the transaction.
2. If you discover that you have instructed Hay to make a payment to a biller for an incorrect amount:
- if the amount you instructed Hay to pay is greater than the required amount, contact the biller directly for a refund; or
- if the amount is less than the required amount, you should make a further BPAY payment to the biller for the difference.
20.5 Biller unable to process a payment
i) If Hay are notified that your BPAY payment cannot be processed by a biller, Hay will notify you and credit your account for the amount of the BPAY payment.
20.6 Suspension of BPAY
If at any time in the future continued use of the BPAY service may cause loss to you or Hay or we elect to not continue with the service, we may;
- suspend or cancel your right to use BPAY in relation to a particular Biller; and
- suspend or cancel your registration to use BPAY without prior notice.
20.7 Processing times
BPAY payments made on a Saturday, Sunday or Public Holidays are processed on the next business day. BPAY payments may take longer if the biller does not process a payment as soon as they receive its details.
20.8 Liability for mistaken payments, unauthorised or fraudulent transactions
i) You must notify Hay immediately if:
- you become aware that you may have made a mistake (except in relation to the BPAY payment amount – see clause 20.4) when instructing Hay to make a BPAY payment;
- you did not authorise the BPAY payment from your account;
- you believe the BPAY payment was not processed as per your instructions (including delays);
- you think you have been fraudulently induced to make a BPAY payment.
ii) We will attempt to rectify any issues with your BPAY payment in the way described in this clause. If a BPAY payment is made on your account without your knowledge or consent, liability for that unauthorised BPAY payment will be determined in accordance with clause 10. Otherwise, except as outlined in this clause, we will not be liable for any loss or damage you suffer as a result of using the BPAY scheme.
iii) If a BPAY payment is made to a person or for an amount that is not per your instructions and your account has been debited with the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment, you must pay Hay that amount, and you authorise Hay to debit that amount from your account.
iv) If a BPAY payment is made in accordance with a payment direction which appeared to Hay to be from you or on your behalf, yet you did not give authority, we will credit your account with the amount of that unauthorised payment. How ever, you must pay Hay the amount of that unauthorised payment, and you authorise Hay to debit that amount to your account.
v) If a BPAY payment is induced by the fraud of a person involved in the BPAY scheme, you must bear that loss (and you authorised us to debit that amount of the fraud induced payment to your account) unless some other person involved in the BPAY scheme knew of the fraud or would have detected it with reasonable diligence, in which case we will attempt to obtain a refund for you of the fraud induced payment.
vi) If a BPAY payment you have made falls within the type described in clause 19.08(iii) as well as clause 19.08(iv) or 19.08(v), then we will apply the principals set out in clause 19.08(iv). If a BPAY payment you have made falls within both the types described in clauses 19.08(iii) and 19.08(v), then we will apply the principles set out in clause 19.08(v).
vii) If you tell Hay that a BPAY payment made from your account is unauthorised, you must first give Hay your written consent addressed to the biller who received that BPAY payment, consenting to Hay obtaining from the biller information about your account with that biller or the BPAY payment, including your customer reference number and such information as we reasonably require to investigate the BPAY payment. We are not obligated to investigate or rectify any BPAY payment if you do not give Hay this consent. If you do not give Hay that consent, the biller may not be permitted under law to disclose to Hay information we need to investigate or rectify that BPAY payment.
viii) You indemnify Hay against any loss or damage we may suffer due to any claims, suits, demands or action of any kind brought against Hay arising directly or indirectly because you:
- did not observe your obligations under these BPAY conditions; or,
- acted negligently or fraudulently in connection with the other terms and conditions of your account.
ix) We are not liable for any consequential loss or damage you suffer as a result of using the BPAY scheme, other than loss or damage which is due to our negligence or a breach of any condition or warranty implied by law which cannot be excluded, restricted or modified at all or only to a limited extent.
21. Complaints
If you have a complaint relating to the KttiPay Account and Card or the financial services we have provided to you, please review section 11 “Feedback and resolving problems and complaints” of the Financial Services Guide.
A complaint is not a transaction dispute in this context. A dispute means a customer challenge to a specific transaction via NPP or DE. A chargeback means a customer challenge to a specific transaction via the International Scheme such as Visa. A dispute and chargeback are defined in section 2 “Meaning of words”.
22. Changes to these terms
We can change these Terms and any information in the PDS relating to these Terms at any time by uploading the new Terms or PDS to our website and letting you know about the changes via the KttiPay App. If you keep using your Account or Card after the notice of change is posted and the change becomes effective, you will be bound by the amended Terms.
Where we decide to make a material change to these Terms, we will give you at least 30 days’ notice before the change to enable you sufficient time to decide whether you wish to continue to use your Account or Card.
23. Governing law
The laws of New South Wales will govern the Account and Card, and any legal questions concerning this agreement.