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Last updated: 15 February 2026
This Sellers Agreement (‘Agreement’) is a legal agreement between you (‘you’, ‘your’) and Tangerpay Australia Pty Ltd (ABN 15 639 086 258) (‘Tangerpay’, ‘we’, ‘our’ or ‘us’) governing your use of Tangerpay’s mobile applications and websites, payment processing services, hardware and other products and services (together, the ‘Services’).
Please read this Agreement carefully. This Agreement is divided into four parts:
● Part One explains the terms that govern your use of the Services.
● Part Two contains additional legal terms, including provisions that limit our liability to you.
● Part Three contains the Direct Debit Request Service Agreement which governs the terms and conditions of your direct debit arrangement with Tangerpay.
To use the Services, you must accept all of the terms of this Agreement. If you are using the Services on behalf of a business, you accept these terms as an authorised person, on behalf of the business.
1. Definitions
a. Account means an account created by Tangerpay at Your request for the purpose of allowing You to accept offers for Your Activity, receive payments and enable the fulfilment of the Activity
b. Activity means a service or event operated by You which uses the Tangerpay Service to transmit an offer and receive payment.
c. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (Clth).
d. Business Day means a day (other than a Saturday or Sunday) on which banks are open for general banking business in Brisbane.
e. Buyer means any person that presents a card to a Seller in order to make a payment.
f. Chargeback means an amount transferred from a Tangerpay account due to a successful refund claim in the banking system by a Consumer.
g. Consumer has the same meaning as in section 3 of the Australian Consumer Law.
h. Consumer Guarantee means a Consumer Guarantee applicable to goods or services supplied or to be supplied under this Agreement by operation of the Australian Consumer Law, including any Express Warranty.
i. Dispute means any dispute, difference or issue between the parties concerning or arising out of or in connection with or relating to this Agreement or the subject matter of this Agreement or the existence, breach, termination, validity, repudiation, rectification, frustration, operation or interpretation of this agreement including, without limitation, any claim: (i) in tort; (ii) in equity; (iii) pursuant to any applicable state, territory, Commonwealth, foreign or international statute or law; or (iv) of any other kind or nature under any applicable law.
j. Express Warranty has the same meaning as in section 2(1) of the Australian Consumer Law.
k. Facility means a service site, owned or managed by You which is responsible for providing Your Activities (Goods and/or Services).
l. GST means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law.
m. GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
n. Hardware means any devices, network cables etc supplied by Tangerpay to You to activate the Service at your Facility
o. Intellectual Property Rights means all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trademarks; and any application or right to apply for registration of any of those rights.
p. Law means common law, principles of equity and any legislation, enactment, proclamation, by-law, regulation published policy or regulatory guide passed or adopted by any government body or authority with applicable jurisdiction and includes any amendments, consolidations or replacements of them and all orders, ordinances, regulations, rules, by-laws and policies made under them.
q. POS Hardware means any point of sale hardware supplied by Tangerpay to You from time to time.
r. POS Support means any support in relation to POS Hardware agreed between Tangerpay and You from time to time.
s. Seller means any person that signs up for a Tangerpay account to accept payments using the Tangerpay Services.
t. Week means the period beginning on Monday at 12 am and ending the Sunday at 12pm in the timezone of Your Facility.
u. Website means the Tangerpay website located at https://www.tangerpay.com
v. You and Your means You, Your employees, agents and contractors.
You must open a facility with Tangerpay (a ‘Tangerpay Account’) to use the Services. During registration we will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must complete this and other processes to access any funds that you accept through the Services. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Tangerpay Account of anyone who provides inaccurate, untrue or incomplete information or who fails to comply with the account registration requirements.
Tangerpay will review the information that you submit in connection with your request to sign up for the Services. You agree that Tangerpay may share information about you and your Tangerpay Account with its processor and/or acquiring bank (for certain Services). After you submit your application, Tangerpay or its processor and/or acquiring bank may conclude that you will not be permitted to use the Services.
If you are signing up for a Tangerpay Account as a business or a company, you must use the true and accurate name of your business or company and supply the correct details of its Australian Business Number (ABN) or Australian Company Number (ACN).
The software associated with mobile and website applications and hardware products is part of the Services. Among other things, the software enables you to access and use the Services. You must install any and all software updates to continue to use the Services.
The Website and all of the content on the Website is and remains the exclusive property of Tangerpay.
You acknowledge that there is no transfer of title or ownership to the Software or any modifications, updates and new releases thereto.
You agree that you will not, directly or indirectly (and will not allow others to)
a. copy the Software, except as necessary to install on Your equipment;
b. sell, lease, transfer, give possession of, or sub-licence the Software to others;
c. write or develop any derivative or other software programs, based, in whole or in part, on the Software.
Tangerpay will, if required for the purpose of this Agreement, supply any Hardware, POS Hardware to activate our Service in your facility. Tangerpay may charge a fee for the sale, rental, install, service or delivery of these devices.
To the extent permitted by law:
a. Installation and configuration of hardware is the Seller’s responsibility and is to be performed by a qualified laundry technician.
b. Any warranty with respect to the Hardware is limited to the cost of replacement, and does not include labour service or delivery.
The Services deliver electronic vend credit to specified equipment (such as laundry machines, vending machines) using card or bank account based payments initiated through Australian and Global payment processors (‘Payment Processors’) who hold an Australian Financial Services Licence.
All Payment Processors we use adhere to Level 1 Compliance of the PCI Data Security Standard (PCI-DSS).
Tangerpay does not handle, manage or store any sensitive data relating to card or bank account details. All card data is encrypted and managed by licensed Payment Processors using secure forms housed on their servers.
Tangerpay’s own network and servers are housed in a secure facility monitored by dedicated security staff and they only hold data that is not governed by PCI-DSS. The security settings of customer-facing applications and devices managed by Tangerpay are continually tuned by industry experts to ensure appropriate levels of protection.
You authorise us in relation to the Services to act as your agent for the purposes of receiving, holding and disbursing funds on your behalf. Your authorisation permits us to generate an electronic funds transfer to process each payment transaction that you authorise. Your authorisations will remain in full force and effect until your Tangerpay Account is closed or terminated. You agree that our receipt of transaction proceeds satisfies the Buyer’s obligations to you. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback (see clause 25) withheld or applied in accordance with this Agreement.
Hardware products provided to you by Tangerpay are configured for your use with the Services at your designated facility and the designated machines. You may not act as a hardware product reseller. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell the Services on behalf of any third party. This means that you may not use the Services to handle, process or transmit funds for any third party. You also may not use the Services to process cash advances.
You acknowledge that the Stored Value Wallets and Vouchers provided through the Platform are
designed solely as a “closed-loop” facility. You agree that:
a. funds loaded onto a User’s Wallet or Voucher may only be redeemed for goods and services at Facilities owned or operated by You;
b. You must not permit, facilitate, or attempt to use the Platform to transfer Wallet or Voucher funds to third parties, other merchants, or external bank accounts; and
c. funds loaded onto a Wallet or Voucher are settled to Your nominated bank account in accordance with Your standard payout schedule at the time of the Top-Up transaction, and not at the time of redemption. Consequently, You hold the proceeds of all unspent Wallet balances and Vouchers. In the event of Your insolvency, administration, or cessation of trade, You are solely responsible for refunding Users for any unspent balances. Tangerpay does not hold these funds and cannot process refunds on Your behalf.
We may decide not to authorise or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement or any other agreement that you have with Tangerpay or that it exposes you, other Tangerpay customers, our processors or Tangerpay to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Tangerpay Account has been used for an unauthorised, illegal or criminal purpose, you give us express authorisation to share information about you, your Tangerpay Account and any of your transactions with law enforcement authorities.
The Services works with any Australian-issued and most non-Australian issued credit, debit, prepaid or gift cards (‘Cards’) with a Visa, MasterCard or American Express logo (mobile payments only). Tangerpay or the Payment Processors may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorisation from the applicable Payment Processor. You understand that there may be times when the Buyer may not be the authorised user of the Card or that a Buyer may otherwise contest the transaction through the Chargeback process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks.
The Payment Processors require that you and Tangerpay comply with all applicable bylaws, rules and regulations (‘Payment Processor Rules’). Payment Processors may amend their Payment Processor Rules from time to time. Tangerpay may be required to change this Agreement in connection with amendments to the Payment Processor Rules using its power to amend in clause 52 of this Agreement.
You agree to pay the applicable fees under our fee schedule (‘Fees’) for use of the Services.
Information about our Fees will be provided to you before you open an account with us. You may also request them from us at any time by emailing service@tangerpay.com.
Our fees are not refundable or partially refundable except as required under the Competition and Consumer Act 2010.
Subject to the terms of this Agreement, we reserve the right to change our Fees. We will give you thirty days’ advance notice for any changes to your ongoing fees. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you must close your account with Tangerpay (‘Tangerpay Account’). All Balances and all Fees, charges and payments collected or paid through the Services are denominated in Australian dollars.
Subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees) to your nominated Australian bank account.
If Tangerpay is not able to debit or credit the bank account you link to your Tangerpay Account, the bank account will be de-linked from your Tangerpay Account.
Funds for any given transaction will not be deposited until the transaction is taken to be complete. Transactions are taken to be complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.
If at any time an amount payable by you under this Agreement is due but unpaid, we may withhold payment of any amount that is payable by Tangerpay to you until you have made payment of the amount that you owe us.
We may set off any amount that you owe us against any amount that we owe you.
We may apply any credit balance in your Tangerpay Account or any other account you have with us (including without limitation any Reserve) in and towards satisfaction of or payment of any of your obligations to pay an amount which is then due under this Agreement.
Unless otherwise agreed or stated by us, Tangerpay will automatically initiate a payout to your nominated Australian bank account in accordance with the standard payout schedule. Payouts to your bank account will usually fund the next business day and are subject to the efficacy of the interbank payment networks.
Should Tangerpay need to conduct an investigation or resolve any pending dispute related to transactions associated with your Tangerpay Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict
access to your funds as necessary to comply with Law or court order or if otherwise requested by law enforcement or a governmental entity.
When a payment is made to your Tangerpay Account, we will update your Tangerpay Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt.
At the end of the day(after midnight), we will also send you an activity report of all transaction activity at your location.
Except as required by Law, you are solely responsible for:
a. compiling and retaining permanent records of all transactions and other data associated with your Tangerpay Account and your use of the Services and
b. reconciling all transactional information that is associated with your Tangerpay Account. If you believe that there is an error or unauthorised transaction activity is associated with your Tangerpay Account, you agree to contact us immediately.
The payments collected from your buyers for the activity at your location are held in your Tangerpay Account (your ‘Balance’). Your funds will be co-mingled and held by us with funds of other clients of Tangerpay in one or more pooled accounts of Tangerpay at one or more Authorised Deposit-taking Institutions on your behalf and for the benefit of you and others holding balances (each a ‘Pooled Account’). We have sole discretion over the establishment and maintenance of any Pooled Account. Funds associated with your Tangerpay Account will at all times be held separate from our corporate funds. We will not use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose and will not knowingly permit our creditors to obtain an order restraining application of the funds to carry out any execution process that affects the funds. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Services, you irrevocably assign to us all interests and rights you have or may have to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account.
Buyers may be able to use the Services to submit feedback to you about their recent customer experience. When Buyers submit feedback using the Services, we share that feedback with you and allow you to send responses to Buyers. You may not use the feedback features of the Services:
a. to request Buyer Card information,
b. to send Buyers marketing messages, requests for information or other communications unrelated to their feedback,
c. to send abusive, harassing, excessive or objectionable messages or
d. in any other manner that would violate any provision of this Agreement or
Tangerpay’s policies.
If you do not wish to receive feedback or to report a problem with feedback from a Buyer, you should contact Tangerpay Support.
You are responsible for determining any and all taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection with your use of our software and Services (‘Taxes’). You also are solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply or calculate, collect, report or remit any Taxes to any tax authority arising from any transaction. Tangerpay specifically disclaims any liability for Taxes.
Words used in this clause 22 that have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as in the GST Law (as defined in that Act) unless the context indicates otherwise. Unless expressly included, the consideration for any supply under or in connection with this Agreement does not include GST. For this purpose, the Fees listed in the Fee Schedule are exclusive of GST unless indicated otherwise.
Fees invoiced by Tangerpay for the hardware, setup and the ongoing service attract GST and Tangerpay will issue the necessary tax invoice.
Fees charged by Third party processors for these low value transactions (micro transactions) are treated differently and it is your responsibility to consult a qualified tax accountant for advice.
You are solely responsible for all customer service policies and issues relating to your goods or services, technical support for your equipment and customer feedback concerning their experiences with your equipment, pricing, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Tangerpay Account, payment, card processing, debiting or crediting, machine activation and notifications.
By accepting payment transactions with Tangerpay, you agree to process returns of and provide refunds and adjustments for your goods or services through your Tangerpay Account in accordance with this Agreement and Payment Processor Rules.
You can process a refund by crediting the customer directly or requesting us to refund the buyer. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Buyer, you may still receive a Chargeback relating to such sales.
If you request us to process a refund, Tangerpay may apply a charge for handling this request.
The refund amount and the associated charge will be deducted from your Tangerpay Account balance and will be appropriately reported through balancing entries in the daily activity report..
The amount of a transaction may be reversed or charged back to your Tangerpay Account (a ‘Chargeback’) if the transaction
a. is disputed,
b. is reversed for any reason by the Payment Processor, or a Buyer or our financial institution,
c. was not authorised or we have any reason to believe that the transaction was not authorised,
d. is allegedly unlawful, suspicious or in violation of the terms of this Agreement.
For any transaction that results in a Chargeback, we may withhold the Chargeback amount from your Tangerpay Account, any proceeds due to you, your bank account or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Tangerpay Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that:
a. a Chargeback is processed by the issuer of the Buyer’s Card due to a Buyer’s complaint, in which case we will retain the funds;
b. the period of time under Law by which the Buyer may dispute that the transaction has expired; or
c. we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand.
You agree to pay all costs and expenses, including without limitation lawyer’s fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Tangerpay Account deficit balances unpaid by you.
You explicitly authorise Tangerpay to deduct the full amount of any Chargeback plus any associated banking or administrative fees directly from Your Settlement Proceeds if the Chargeback relates to the quality or delivery of Your services (e.g. machine failure, user error, or dissatisfaction).
If we reasonably determine that you are incurring an excessive amount of Chargebacks, we may
a. establish controls or conditions governing your Tangerpay Account, including without limitation, by i. establishing new processing fees,
ii. creating a Reserve in an amount reasonably determined by us to cover
anticipated Chargebacks and related fees,
iii. delaying payouts or
b. subject to clause 38, alter service, terminate or suspend your Tangerpay Account.
You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Buyer, the Buyer’s financial institution and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release to your Tangerpay Account any funds previously withheld in respect of that Chargeback. If a Chargeback dispute is not resolved in your favour by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
To the extent permitted by Law, consistently with clause 15, we may set off against your Balance any obligation you owe us under this Agreement, including without limitation any Chargebacks. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance in your Tangerpay Account. If you owe us an amount that exceeds your Balance, we may charge or debit a payment instrument registered in your Tangerpay Account or any connected Tangerpay Account (as well as set off against any Balance in any connected Tangerpay Account). Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation lawyer’s fees and expenses, collection agency fees and any applicable interest.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, Tangerpay will credit your Tangerpay Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, Tangerpay will debit the extra funds from your Tangerpay Account. Tangerpay will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be taken to be a waiver of any right to amounts owed to you.
Your privacy is very important to Tangerpay. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted Tangerpay’s Privacy Policy.
By using the Services, you may receive information about Buyers or other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information that we provide or that is otherwise made available to you in connection with the Services to any third party and you may not use the information for marketing purposes unless you receive the express consent of the Buyer or other relevant third party. You are solely responsible for compliance with and must handle all personal information in accordance with, all applicable privacy, direct marketing and data protection Laws, including without limitation the Privacy Act 1988 (Cth), the Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth). If you provide personal information to us about any individual (including through your use of the Services), you must first ensure that the third party agrees, having been made aware of this Agreement and the Privacy Policy.
Upon acceptance of this Agreement, you agree that Tangerpay can provide disclosures and notices required by Law and other information about your Tangerpay Account to you electronically by posting it on our website or by emailing it to the email address listed in your Tangerpay Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
If you wish to withdraw your consent to receiving electronic communications, you should contact Tangerpay Support at service@tangerpay.com. If we are not able to support your request, you may need to terminate your Tangerpay Account.
In connection with your Tangerpay Account, any business listing and your use of the Services, you may be able to upload or provide photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (‘Seller Content’). You agree that you will not upload or provide any Seller Content unless you have created that content yourself or you have permission from the content owner to do so. You represent that you have authority to use the Seller content in the relevant manner and to grant us the rights below.
You grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform and publicly display your Seller Content throughout the world in any media in order to provide and promote the Services and Tangerpay’s business, with or without attribution or reference to you and even where the treatment of your Seller Content may be considered derogatory. You acknowledge that this consent is irrevocable and is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement. You retain all rights in your Seller Content, subject to the rights granted to Tangerpay in this Agreement. You may modify or remove your Seller Content via your Tangerpay Account or by terminating your Tangerpay Account, but your Seller Content may persist in historical, archived or cached copies and
versions thereof available on or through the Services.
You agree not to upload or provide Seller Content or otherwise post, transmit, distribute or disseminate through the Services any material that:
a. is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive or inflammatory;
b. encourages conduct that would be considered a criminal offence or gives rise to civil liability;
c. breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark;
d. contains corrupted data or any other harmful, disruptive or destructive files;
e. advertises products or services competitive with Tangerpay’s or its partners’ products and services, as determined by Tangerpay in its sole discretion; or
f. in Tangerpay’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services or which may expose Tangerpay, its affiliates, its customers or Buyers to harm or liability of any nature.
You may be able to use the Services to create, manage and send marketing messages to Buyers who have elected to receive offers and updates from Sellers they frequent. Tangerpay is not involved in your marketing messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers. You (and not Tangerpay) are the sponsor, sender and administrator of marketing messages you send using the Services. You are responsible for creating, managing and honouring any terms included in such messages and for the Seller Content of your marketing messages, even if your Tangerpay Account is closed, suspended or terminated. Messaging features available in the Services are unrelated to and do not account for, any customer relationship activities you may have or may engage with Buyers outside of the Services. You are solely responsible for compliance with federal, state and local Laws and regulations that apply to your messages. You may not use the Services to send unsolicited bulk messages. You agree to pay the applicable Fees for use of the Services.
Although Tangerpay has no obligation to screen, edit or monitor any Seller Content, Tangerpay reserves the right and has absolute discretion, to remove, screen, edit or disable any Seller Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Seller Content that is offensive, indecent or objectionable. We take no responsibility and assume no liability for any Seller Content, including any loss or damage to any of your Seller Content.
Tangerpay respects the copyright and trademark rights of others and asks you to do the same. Tangerpay has adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. Tangerpay responds to all valid notices of such copyright and trademark infringement and it is Tangerpay’s policy to suspend or terminate the access privileges (as referred to in clause 38) of those who infringe the copyrights and trademarks of others.
We have implemented technical and organisational measures designed to secure information about you from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use information about you for improper purposes. You acknowledge that you provide information about you at your own risk.
Contact us for our security statement which contains more details.
You may terminate this Agreement and other Tangerpay agreements by closing your Tangerpay Account at any time. Upon closure of a Tangerpay Account, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable Fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your Tangerpay Account as a means of evading your payout schedule). If an investigation is pending at the time you close your Tangerpay Account, we may hold your funds as described in clause 17. If you are determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
We may at any time suspend payment of funds into your Tangerpay Account, suspend your access to the funds currently held in your Tangerpay Account or terminate this Agreement
a. in the circumstances specified in clauses 2, 4, 7, 8, 9, 10 and 37
b. if you have violated the terms of this Agreement, any other agreement you have with Tangerpay or Tangerpay’s policies,
c. if you pose an unacceptable credit or fraud risk to us or
d. if you provide any false, incomplete, inaccurate, conflicting or misleading information or otherwise engage in fraudulent or illegal conduct.
We will notify you of a suspension of our obligation to make payment or termination within 30 days of imposing the suspension or terminating. We will let you know the steps you can take in order for us to be able to consider lifting the suspension.
We may terminate this Agreement for convenience upon providing 30 days’ notice to you.
We will not be liable to you for compensation, reimbursement or damages in connection with your use of the Services or in connection with any termination or suspension of the Services. Any termination of this Agreement or suspension does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination or suspension and any other amounts owed by you to us as provided in this Agreement.
If this Agreement is terminated you agree:
a. to continue to be bound by those provisions of this Agreement that are intended to survive termination of this Agreement (including without limitation those specified in clause 56),
b. to immediately stop using the Services (unless we terminate for convenience in which case you must stop using the Services upon expiry of the notice period we give you),
c. that the licence provided to you under this Agreement shall end,
d. that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers and
e. that Tangerpay shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data.
Tangerpay grants you a personal, limited, non-exclusive, revocable, non-transferable licence, without the right to sublicense, to electronically access and use the Services solely to accept and receive payments and to manage the funds you so receive, in accordance with this Agreement. The Services include our website, any mobile applications, software, programs, documentation, tools, internet-based services, components and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) and hardware products provided to you by Tangerpay. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when Tangerpay makes these updates available from time to time.
You may not, permit any third party to do any of the following:
a. access or monitor any material or information on any Tangerpay system using any manual process or robot, spider, scraper or other automated means unless you have separately executed a written agreement with Tangerpay referencing this clause 41(a) that expressly grants you an exception to this prohibition;
b. copy, reproduce, reverse engineer, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way software, material or information from Tangerpay;
c. permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
d. transfer any rights granted to you under this Agreement;
e. violate the restrictions in any robot exclusion headers on the Services or any Tangerpay service or product, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that this restriction is expressly prohibited by Law;
f. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other
customers or impose an unreasonable or disproportionately large load on our infrastructure; or
g. use the Services other than as expressly allowed under this clause.
The Services are licensed and not sold or assigned. Tangerpay reserves all rights not expressly granted to you in this Agreement. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property Laws. Tangerpay owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant you any rights to Tangerpay’s trademarks or service marks.
For the purposes of this Agreement, ‘Intellectual Property Rights’ means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or after come into existence and all applications and registrations, renewals and extensions, under the Laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products (‘Ideas’). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, that it will not place Tangerpay under any fiduciary or other obligation and that we are free to use the Idea without any compensation to you whatsoever and we are entitled to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tangerpay does not waive any rights to use similar or related ideas previously known to Tangerpay or developed by its employees or obtained from sources other than you.
You will indemnify, defend and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest and expenses (including without limitation reasonable lawyer’s fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to:
a. any actual or alleged breach of your representations, warranties or obligations set out in this Agreement, including without limitation any violation of our policies or the Network Rules;
b. your unauthorised, wrongful or improper use of the Services;
c. any transaction submitted by you through the Services (including without limitation the accuracy of any Seller Content or product, service or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you);
d. your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
e. your violation of any Law of Australia or any other country;
f. any third party’s access and/or use of the Services using your unique name,
password or other appropriate security code.
You represent and warrant to us that:
a. if you are an individual, you are at least eighteen (18) years of age;
b. you are eligible to register and use the Services and have the right, power and ability to enter into and perform under this Agreement;
c. the name identified by you when you registered is your name or business name under which you sell goods and services and any ACN, ABN or other identifier provided by you for your business is correct;
d. any sales transaction submitted by you will represent a bona fide sale by you
e. any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser;
f. you will fulfill all of your obligations to each Buyer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Buyer;
g. you and all transactions initiated by you will comply with all federal, state and local Laws, rules and regulations applicable to you and/or your business and employees, including (but not limited to) any applicable tax or employment Laws and regulations;
h. except in the ordinary course of business, no transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor or owner of your entity;
i. you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services;
j. no transaction submitted by you through the Services will involve your Cards (except for reasonable test swipes); and
k. your use of the Services will be in compliance with this Agreement.
Nothing in this Agreement is intended to exclude, restrict or modify the rights which you may have under the Australian Consumer Law. If you are a Consumer, Tangerpay acknowledges that the Consumer Guarantees in Division 1 of Part 3-2 of the Australian Consumer Law will apply to the supply of goods or services (or both) under this Agreement. Tangerpay’s liability for breach of a Consumer Guarantee is governed by clause 47.
Where you are a Consumer, Tangerpay’s liability for breach of a Consumer Guarantee is limited to (at our election):
● In the case of a supply of goods, (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; and
● In the case of a supply of services, (i) resupplying the services; or (ii) paying the cost of having the services supplied again.
If the Consumer Guarantees apply, Tangerpay’s liability is limited in accordance with clause 46.
In all other respects and to the maximum extent permitted by Law:
a. in no event shall Tangerpay, its processors, service providers, suppliers or licensors (or their respective affiliates, agents, directors or employees) be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or for any damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use or unavailability of the Services. Under no circumstances will Tangerpay be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your Tangerpay account or the information contained in it.
b. Tangerpay, its processors, service providers, suppliers and licensors (and their respective affiliates, agents, directors and employees) assume no liability or responsibility for any i. errors, mistakes or inaccuracies of the service;
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service;
iii. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
iv. any interruption or cessation of transmission to or from the service;
v. any bugs, viruses, trojan horses or the like that may be transmitted to or through the services by any third party;
vi. any errors or omissions in any content or data or for any loss or damage incurred as a result of the use of any content or data posted, emailed, transmitted or otherwise made available through the Services; and/or
vii. seller content or the defamatory, offensive or illegal conduct of any third party.
viii. any revenue loss, customer disputes, or unintended discounts resulting from Your configuration errors (e.g. entering incorrect pricing, promotional codes, or voucher values); and/or
ix. any inability to process payments or activate machinery caused by network outages, weak Wi-Fi signals, firewalls, power failures, or hardware mistreatment at Your location.
In no event shall Tangerpay, its processors, service providers, agents, suppliers or licensors (or their respective affiliates, agents, directors or employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees earned by Tangerpay in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability.
This limitation of liability clause applies whether the alleged liability is based on contract, tort (including, negligence), strict liability or any other basis, even if Tangerpay has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by Law in the applicable jurisdiction.
The Services are controlled and operated from facilities in Australia. Tangerpay makes no representations that the Services are appropriate or available for use other than in Australia. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian and local Laws and
regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed or sanctioned by the United States or Australia or are a foreign person or entity blocked or denied by the United States or Australian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies or other entities located in Australia.
All third party hardware and other products included or sold with the Services are provided according to the warranty and other service and support terms specified by the manufacturer and subject to the Consumer Guarantees in the Australian Consumer Law (if and to the extent it is applicable to you).
Tangerpay does not endorse, any product or services advertised or offered by a third party through the Services or any hyperlinked website or service or featured in any banner or other advertising and Tangerpay will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
If the Consumer Guarantees apply (see clause 45), Tangerpay’s liability to you arising out of your use of or inability to use third party products is limited in accordance with clause 46. In all other respects, Tangerpay will not be liable for any indirect, special, punitive, incidental or consequential cover damages arising out of your use of or inability to use third party products or any amount in excess of the amount paid by you for the product that gives rise to any claim.
If a Dispute arises, we want to understand and address your concerns quickly and to your satisfaction. Before commencing any legal proceedings, please contact Tangerpay Support on service@tangerpay.com with your Dispute and we will try to resolve it within 30 days. This clause does not prevent either party from seeking urgent injunctive or urgent declaratory relief.
You and Tangerpay agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
Any Dispute arising out of or in connection with this Agreement shall be submitted to final and binding arbitration in accordance with and subject to, the IAMA Arbitration Rules (as varied by this clause 50).
Any arbitration under this agreement will only be on an individual basis. Class arbitrations and class actions are not permitted and you are waiving your rights to participate in a class action against Tangerpay.
Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in their local small-claims tribunal rather than through arbitration.
The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any
court of competent jurisdiction.
For any claim where you are seeking relief, Tangerpay will not seek to have you pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.
Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction of the Courts of Queensland.
This Agreement will be construed in accordance with and be governed by the laws of Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
By providing reasonable prior notice to you, we may vary, change or add to the terms of this Agreement at any time or vary, change, delete, discontinue or impose conditions on any feature or aspect of the Services. We may give such notice by publishing the relevant information within the most current version of this Agreement, which is available on our website. If the information includes any material change to your existing rights and obligations or the material terms of the Services, we will alert you by email. Any use of the Services after notice becomes effective shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including clause 50) that was in place when the Dispute arose.
This Agreement and any rights and licences granted in it, may not be transferred or assigned by you, but may be assigned or novated by Tangerpay without restriction to a third party nominated by Tangerpay.
You may be offered services, products and promotions provided by third parties and not by Tangerpay (‘Third Party Services’). If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Tangerpay is not responsible for the performance of these services. The Services may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement or recommendation by Tangerpay. You agree that you access any such website at your own risk and that the website is not governed by the terms and conditions contained in this Agreement.
Tangerpay expressly disclaims any liability for these websites. Please remember that when you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own rules and policies.
Except as expressly provided in this Agreement or by a statutory provision which may not be excluded (including but not limited to the Australian Consumer Law), these terms are a complete statement of the agreement between you and Tangerpay and they describe the entire liability of Tangerpay and its processors, service providers, suppliers and licensors (and their respective affiliates, agents, directors and employees) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other Tangerpay agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under Law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Law and the remaining provisions will continue in full force and effect. Headings are included for convenience only and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Tangerpay may have under trade secret, copyright, patent or other Laws. Tangerpay’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following clauses of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 4, 13, 15, 16-21, 23-32, 34, 35, 39, 40, 41, 42, 43, 45-57.
By electronically agreeing to a Direct Debit Request (‘DDR’) as part of the sign up for a Tangerpay Account, you authorise us to direct debit any Chargebacks or associated payments due to us under this Agreement (or any arrangements which replace this Agreement), from an Australian dollar denominated bank account set up for Tangerpay Services and designated by you in the DDR.
You must ensure that
a. the financial institution specified in the DDR accepts and acts upon direct debits for the account specified in the DDR (direct debiting through the Bulk Electronic Clearing System may not be available on all accounts) and
b. the account details specified in the DDR are correct (for example, by comparing them with a recent statement from your financial institution or checking these directly with your financial institution).
If a direct debit is scheduled to be made from the account specified in the DDR on a day other than a business day, that direct debit will be made on the next business day. If you are uncertain about when a direct debit will be processed, you should check with your financial institution.
A ‘business day’ is a day on which banks and financial institutions are generally open for business in Brisbane, Australia.
If you have made any changes to your account and for any other matters related to this direct debit arrangement, including deferment, stops, cancellations or alternations, please contact Tangerpay Support. Please allow 7 days for the amendments to take effect. You may also contact your financial institution to stop any direct debit or cancel the DDR.
If we or our financial partners make any changes to this direct debit arrangement, we will advise you of such change at least 14 days in advance of such change.
If you believe that there has been an error in debiting your account, you should contact Tangerpay Support in the first instance to confirm the details so that we can investigate the matter and advise you in writing whether your account has been incorrectly or correctly debited. You can also contact your financial institution.
It is your responsibility to ensure you have sufficient cleared funds available in the account to be debited when payments are due.
In the event that you do not have sufficient cleared funds and a debit to your account is returned unpaid, you will be notified that your payment has been returned unpaid and a request will be made for you to update your account information and we will reinitiate the debit without additional fees.
We will keep your details, the details of the account and any underlying subject matter specified in the DDR (including any ‘Personal Information’ (as defined in the Privacy Act 1988 (Cth))) confidential except where:
c. it is required for the purposes of conducting direct debits (for example. we may need to provide this information to our financial partner in connection with a claim made on the financial partner relating to an alleged incorrect or wrongful debit); or
d. we receive your permission to release those details; or
e. we are required to disclose such details by Law.
