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Terms and Conditions


Terms & Conditions of Use of this site

Introduction

 

Fonepaid.com Pty Ltd., ("Fonepaid.com Pty Ltd," "the Company," "we," or "us,") provides certain websites, including the websites available at the domain name www.Fonepaid.com (a "Site") and certain services made available to registered users of the Sites ("Services"). This Fonepaid User Agreement is the legal agreement ("Agreement") between you and Fonepaid governing your use of the services we provide. Please read this Agreement carefully. Fonepaid is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use Fonepaid and its Services.

 

The Terms and Conditions is a contract between you and us and governs the use of the Fonepaid Services. Your registration to use the Fonepaid Services or the use of the Fonepaid Services constitutes your acceptance to these Terms and Conditions

 

Information

  1. 1. Fonepaid may change these Terms and Conditions from time to time (including change of rates for using our services). You can obtain a copy by viewing our Terms & Conditions link on our website.
  2. There are certain risks that unauthorised transactions could occur as a result of using our Fonepaid website application and it is necessary that the sender and receiver keep secret their unique passcode throughout the Fonepaid process, and follow dispute procedure should any unauthorised transaction occur.
  3. We charge a tiered convenience fee included in your transaction and the fee is inclusive of GST (Goods and Services Tax).
  4. When you transact on Fonepaid, you are effectively purchasing credits, whereas; one(1) credit = one(1) AUD. The credits are then redeemable using a mobile number provided as the recipient in the transaction, which belongs to the seller of goods or service. GST will only be paid on our fee's clearly listed on our website.

 

 

DESCRIPTION OF SERVICES

Subject to your compliance with the terms and conditions of our website, Fonepaid will provide the Services after you have successfully verified your identity using our mobile verification system or completed a commercial transaction, which is made available to you through the Fonepaid.com website. Upon Fonepaid’s acceptance of your registration via our mobile identification process, Fonepaid will send you an SMS text message containing a validation key for validation of your identity and mobile number and then once you have entered your validation key and validated your status as an authorized user of the Services, you will be able to make use of but not limited to wireless communication devices, such as mobile phones and electronic communications such as email, to place orders and settle transactions for the purchase of certain services we provide for our users. The communication standards for the Services include, but are not limited to: SMS, and web-based and mobile-based browser technology.

 

TRANSACTIONS ALLOWED
You may use the Fonepaid.com website for purchasing goods or services from either a provider or person/s or business.

These may include:
- Deposits(car, boat, bikes etc)
- New & second hand goods
- Personal & business services


TRANSACTIONS NOT ALLOWED
 

We do not approve transactions that could be seen as attempts of money laundering or for any other illegal purposes. Fonepaid has certain internal processes in place that flag transactions as possible fraud or attempts to launder money.

We respect the governing laws prohibiting any illegal activity in Australia and will take any steps necessary to prevent such events using when the Fonepaid.com website. Any signs of such activity will immediately be stopped and taken action upon.

 

CONSUMER GUARANTEE

Due the nature of Fonepaid’s business model and to provide our customers with a super quick and easy way to make small payments to one another, we do not guarantee any goods or services that are purchased by way of transfer using the Fonepaid’s system. All transactions come with a NO guarantee of service, quality or delivery and the sender should take utmost care and precaution transacting with users in a third party manner, whilst using the Fonepaid.com’s website. If a user has purchased goods or services and does not match or align with Australia’s Consumer Law, you are to dispute or transact refunds outside of the Fonepaid.com website as we do not support such a thing. We are purely an intermediary service for payments online.

 

Electronic Communications

 

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Service Eligibility

 

Fonepaid.com reserves the right to terminate your service and refuse to provide you with access to the Site if Fonepaid.com discovers that you are under the age of 18 years. The Site is not available to persons who has been suspended or terminated by Fonepaid.com for any reason whatsoever. Unless otherwise specified, the materials on this website are directed solely at those who access this website from Australia. Fonepaid.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside Australia. Those who choose to access this Site from outside Australia are responsible for compliance with local laws if and to the extent local laws are applicable. Fonepaid.com will deliver the products only within Australia and will not be liable for any claims relating to any products ordered from outside Australia.

 

Account and Registration Obligations

 

"Your Information" is defined as any information you provide to us in the mobile verification process or otherwise known as user registration, buying or transferring process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Mobile Number and Unique Passkey and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and registered mobile number. Fonepaid.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your mobile number or secure the unique passcode in passing between the sender and receiver. If you know or suspect that someone else knows your unique passcode or mobile number other than the parties intended in the transaction you should notify us by contacting us immediately through the address provided below. If Fonepaid.com has reason to believe that there is likely to be a breach of security or misuse of the Fonepaid.com Site, we may require you to change your unique passcode or we may suspend your account without any liability to Fonepaid.com.

 

You also agree to:


Provide true, accurate, current and complete information about yourself as prompted by Fonepaid's verification process (such information being the "Registration Data")

If you provide any information that is untrue, inaccurate, incomplete, or not current or if Fonepaid.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with our Terms and Conditions, Fonepaid.com has the right to indefinitely suspend or terminate your access to the Site

 

Credit Card Details

 

You agree, understand and confirm that the credit card details provided by you for availing of services on Fonepaid.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Fonepaid.com. Further the said information will not be utilised and shared by Fonepaid.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Fonepaid.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

 

Fraudulent /Declined Transactions

 

Fonepaid.com reserves the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Site fraudulently. Fonepaid.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

Unclaimed Monies

If there is a positive balance against the sender and unclaimed from a receiver, which has not been active either by deposit, transfers, payments or withdrawal for 6 years (or any other period prescribed under the Unclaimed Money Act (QLD)), then we will make reasonable efforts to:

  1. Make reasonable steps to contact the user to inform them of the outstanding funds.
  2. If you do not respond to our attempts to contact you
    Fonepaid will:
    a) If the balance is under $100, Fonepaid will expire the funds.
    b) If the balance is over $100, Fonepaid may elect to transfer the unused monies to the Registrar of unclaimed money.

 

Fees & Charges

Fonepaid charge a tiered fee structure which is clearly displayed on our website, and clearly visible to the user prior to agreement of terms and conditions at the Fonepaid Checkout.

Goods and Services Tax

We do not charge or claim GST on the money you are transferring for the service or goods to the receiving user, however we do include GST on our convenience/service fee which is included in the transaction and clearly shown on the Fonepaid checkout.

 

You Agree and Confirm

 

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or mobile number or any other wrong information) any extra cost incurred by Fonepaid.com for redelivery shall be claimed from you.

2. That you will use the services provided by Fonepaid.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

3. You will provide authentic and true information in all instances where such information is requested of you. Fonepaid.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Fonepaid.com has the right in its sole discretion to reject the registration and debar you from using the Services of Fonepaid.com and / or other affiliated websites without prior intimation whatsoever.

4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

5. That the mobile number, first and last name of sender and receivers, at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

6. That before placing an order you will check the service description carefully. By placing an order for a service you agree to be bound by the conditions of sale included in the item's description.

10. The price displayed on Fonepaid’s website checkout includes Service Cost, Bank Processing Charges and other commissions.

11. For orders in which problem arises owing to the mistake of the user e.g. wrong mobile number or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.

12. We will not be responsible for any delay / non-delivery of the order by the SMS Gateway vendor because of flood, fire, wars, act of God or for any reason that are beyond our control. For such orders a complete refund will be provided to the sender IF the recipient has not yet collected the funds.

13. Delivery of certain SMS's/MMS's may not be possible under certain uncontrollable circumstances like no telecom service.

14. Refunds will not be entertained if the user has entered the incorrect receiver mobile number and details. Refunds will only be considered if the receiver has not yet collected the funds through the SMS link provided. We require both the senders and receivers to complete the dispute form made available on our website providing a detailed summary, and one of our review staff with then either approve or disapprove the request made at the staffs discretion

You may not use the Site for any of the following purposes:

 

o Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

o Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

o Gaining unauthorised access to other computer systems.

o Interfering with any other person's use or enjoyment of the Site.

o Breaching any applicable laws;

o Interfering or disrupting networks or web sites connected to the Site.

o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

 

Cancellation and Refund Policy

Cancellation by Fonepaid.com

 

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Refund can sometimes take up to 31 days to take effect.

 

 

Cancellations by the Customer

 

Requests for cancellation of orders once placed by customers will not be entertained after the recipient has claimed the monies other end by bank transfer.

For cancellation or refunds complete our online dispute form with reason for refund, phone number, transaction ID, date purchased.

 

Returns & Refund Policy

 

In continuation of the above mentioned Cancellation Policy, there is no policy of refund or return after the money has been requested and paid into the receiver’s bank account.

Unfortunately these are standard conditions that must be imposed to ensure we provide a fair, secure and honest service to all Fonepaid.com’s customer.

 

Third Party Product Information and Advertisements

 

Fonepaid.com does not make any representation or warranty as to the attributes (such as quality, worth, etc.) of the items or services proposed to be sold by the user. In particular, Fonepaid.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Fonepaid.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

o You release and indemnify Fonepaid.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the receiving users/transferors  on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Fonepaid.com cannot control the information provided by other users, which is made available on the Site. You may find other users information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

o All other terms and conditions of this User Agreement are applicable to such transactions.

 

Modification of Terms & Conditions of Service

 

Fonepaid.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Fonepaid.com. You should regularly review the Terms & Conditions on Fonepaid.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

 

Reviews, Feedback, Submissions

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Fonepaid.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Fonepaid.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fonepaid.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fonepaid.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fonepaid.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Fonepaid.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

 

Fonepaid.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Fonepaid.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Fonepaid.com and its affiliates for all claims resulting from any Comments you submit. Fonepaid.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Copyright & Trademark

 

Fonepaid.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Fonepaid.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Fonepaid.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Fonepaid.com. You may not modify, distribute or re-post anything on this website for any purpose.

 

The Fonepaid.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fonepaid.com Pty Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

 

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Fonepaid.com endorsement, sponsorship or recommendation of the third party, information, product or service.

 

Fonepaid.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

 

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Fonepaid.com or its suppliers and protected by Australian and international copyright laws. The Contents and software on this Site may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fonepaid.com, one of its affiliates or by third parties who have licensed their materials to Fonepaid.com and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Fonepaid.com and is also protected by Australian and international copyright laws.

 

Objectionable Material

 

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Fonepaid.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

Indemnity

 

You agree to defend, indemnify and hold harmless Fonepaid.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Fonepaid.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Termination

 

This User Agreement is effective unless and until terminated by either you or Fonepaid.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Fonepaid.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Fonepaid.com. Upon any termination of the User Agreement by either you or Fonepaid.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Fonepaid.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

 

Limitation of Liability and Disclaimers

 

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.

 

The Site provides content from other Internet sites or resources and while Fonepaid.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Fonepaid.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

 

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

 

To the fullest extent permitted under applicable law, Fonepaid.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

 

Without prejudice to the generality of the section above, the total liability of Fonepaid.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.

 

Fonepaid.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Fonepaid.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

 

Site Security

 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Fonepaid.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Fonepaid.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

LIMITATIONS ON YOUR USE OF THE SERVICES

 

You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise Fonepaid promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. Fonepaid is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.

 

* The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Fonepaid.com Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.

 

Entire Agreement

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Fonepaid.com with respect to the Fonepaid.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fonepaid.com with respect to the Fonepaid.com sites/services. Fonepaid.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

Privacy Policy

 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in Australia that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.

 

 

Company Details

Fonepaid.com Pty Ltd

PO BOX 515 Broadbeach QLD 4218

Australia
Email: help (AT) Fonepaid.com