Unilink Software Limited

ARBN 600 764 234

Terms of Use for Secure Payment Services

Policy Revision Date: April, 18th, 2023

1) Agreement and Acknowledgement

Each website at www.secure-payment-services.com.au and www.securepaymentservices.com.au (Website) is owned and operated by Unilink Software Ltd (ARBN 600 764 234) (We, Our or Us). These Terms of Use form a legally binding agreement between you (You, Yourself and Your) and Us. You acknowledge and agree that these Terms of Use apply to Your access to, and use of, the Website and Our services. In accessing or using the Website and Our services, You acknowledge that You have read and understood, and agree to be bound by, these Terms of Use. If You do not accept these Terms of Use, then You must not access or use the Website or receive Our services.

2) Privacy Policy

By accessing, browsing or otherwise using the Website, You acknowledge that You have read and understood Our privacy policy set out at www.secure-payment-services.com.au/content/privacypolicy/, and consent to the collection, use and disclosure of any personal information You provide to Us in accordance with the terms of Our privacy policy.

3) Information about Us and how to contact Us

How to contact Us

If You have any queries, questions or complaints, You can contact Us by telephoning Our support team within Australia on 1800 953 849, by emailing uts.au@unilink.com or writing to PO Box 3455, Port Adelaide, SA 5015 AUSTRALIA.

How We may contact You

If We have to contact You, We will do so by telephone or by writing to You at the email address or postal address You provided to Us in Your registration. When We use the words writing or written in these terms, this includes emails.

4) No warranties

Whilst We make all reasonable efforts to ensure the accuracy of the material contained on the Website, to the maximum extent permitted by law, We:

  1. make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any such material;
  2. do not warrant or represent that any material on the Website will not cause damage or is free from any defects or errors or any computer virus, Trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists or enables unauthorised access to, or corruption of, date;
  3. will not be liable for any loss or damage however caused resulting from the use of such material;
  4. do not accept any obligation to correct or update the Website or update the Website or the material on the Website.

We do not guarantee that Our Website, or any of the content on the Website, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will use Our best endeavours to give You reasonable notice of any suspension or withdrawal of the Website that may occur from time to time.

5) Limitation of liability

To the maximum extent permitted by law:

  1. We exclude all liability for any claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages or loss of profits) made, suffered or incurred by You or any other person (either directly or indirectly) in connection with the material on the Website and any use of the Website;
  2. We do not accept liability for any loss which You may suffer or incur as a result of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on the Website; and
  3. You agree to irrevocably release, indemnify and hold harmless, Us and Our respective related bodies corporate, officers, employees and contractors (Indemnified Parties) against all claims, actions, proceedings, damages, costs, losses, liabilities or expenses (including legal costs on a full indemnity basis) of whatever nature and in whatever jurisdiction, howsoever caused (including but without limitation negligence, error, misstatement, omission, misrepresentation) and which refer or relate to or arise from, directly or indirectly, in connection with the material on the Website and any use of the Website. We accept this release as trustee of the other Indemnified Parties and accept the full benefit of this release on behalf of those Indemnified Parties.

6) Intellectual property

The intellectual property rights subsisting in the material on the Website, including without limitation all logos, trade-marks (registered and unregistered), photographs, text, source code and embedded applications and the design, layout and get up of the Website, but not including the external links on the Website and the material accessed through such external links, are owned by Us or licensed to Us. Your access to, and use of, the Website does not imply or grant any licence to use, infringe or exploit any such intellectual property rights.

You may view and print pages of the Website as a whole without modification and for personal use only. Nothing on the Website constitutes a recommendation, representation or warranty by Us that Your use of the Website will not infringe the intellectual property rights of any person.

You may not use, copy, reproduce, publish, licence, modify or alter the Website (including material on the Website) or any part of the Website or incorporate any page of the Website or parts of such pages into any other website or other format without Our prior written consent, which We may withhold in Our sole discretion. If You do any of these prohibited acts, Your rights to use the Website terminate immediately and You must destroy any and all copies of any material You obtained from the Website.

You retain all of Your ownership rights to information that You upload to the Website, but You are required to grant Us a limited licence to disclose, use, store and copy information and to distribute and make the content available to law enforcement authorities, prison operators and other government agencies if requested.

7) Access and use

The Website and Our services are intended for personal use only and may not be sold, redistributed or used for any commercial purpose.

To access some parts of the Website and to use Our services, You must become a registered user. You may have limited access to browse and use certain features of the Website without becoming a registered user.

You may only use the Website and Our services if You are capable of forming a binding contract with Us in compliance with all applicable laws, rules and regulations. You may not use the Website or Our services if You have previously been removed from accessing the Website or receiving Our services by Us without Our prior written consent.

8) Prohibited use

You may use the Website for lawful purposes only. You agree at all times to deal with any information or material provided by Us or accessed through the Website in a manner which complies with all Applicable Laws of Australia and of any other relevant jurisdiction.

You may not use Our site:

  1. in any way that breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2. to send, upload, use or re-use any material which does not comply with Our content standards as set out below;
  3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  4. to reproduce, duplicate, copy or re-sell any part of Our Website in contravention of the provisions of the Terms and Conditions;
  5. to access without authority, interfere with, damage or disrupt any part of Our Website;
  6. to access without authority, interfere with, damage or disrupt any equipment or network on which Our Website are stored;
  7. to access without authority, interfere with, damage or disrupt any software used in the provision of Our Website;
  8. to access without authority, interfere with, damage or disrupt any equipment, network and/or software owned or used by any third party.

9) Content standards

Transactions must only contain lawful content. Transactions must not in any way:

  1. be obscene, offensive, hateful or inflammatory;
  2. promote sexually explicit material or violence;
  3. promote any illegal activity;
  4. advocate, promote, incite any party to commit, or assist any unlawful or criminal act;
  5. constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in any country in the world;
  6. contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  7. contain content for which You have not obtained all necessary licences and/or approvals (as the case may be); and
  8. breach any Correctional Centre or Prison standards that are in force from time to time, or cause unnecessary fees, loss of money or undelivered money.

10) Third Party Websites

The Website may contain links to other external sites. We cannot, and do not, control the content of these websites and domains. To the maximum extent permitted by law, We exclude all liability for any claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages or loss of profits) made, suffered or incurred by You or any other person (either directly or indirectly) in connection with any information, material, products or services posted or offered on websites and domains controlled or produced by third parties.

11) Sign up and registration

Website accounts are for a single user only. The single user may be a body corporate or a natural person. We do not permit You to share Your username and password with any other person(s), nor with other users of Our services.

Responsibility for the security of any of Your login details, including usernames and passwords rests with You.

Upon signing up to Secure Payment Services, a security code will be posted via Australia Post to Your residential address provided to Us or by such other means as is reasonably determined by Us from time to time. Security codes cannot be posted to a PO Box as We require verification of Your residential address. If You cannot receive mail at Your residential address, please contact Our support team, using the details set out above.

You must be over the age of 16 to use Our services. Unfortunately, if You are under the age of 16 You will not be able to sign up for an account.

12) When We will provide the services

Secure Payment Services will begin once You have registered for an account. We will supply the services to You, until either the service is completed (for example, confirmation that a payment has been transferred or refunded back to You), or We end the contract.

13) Fees and charges

As at the date of these terms, there are no fees or charges to sign up for a Secure Payment Services account or to use the Website.

The current fees to transfer money that We charge are subject to change without notice, however, any changes to fees and charges will clearly be displayed on the Frequently Asked Questions (FAQs) section of the Website, and the final charges will be displayed on the Money Transfer Summary section of the Website before You complete Your order. We take all reasonable care to ensure that the price of the services that are displayed on the Website is correct.

14) Payments and delivery

If Your transfer of funds is rejected, suspended, or delayed by a Correctional Centre, Facility, Establishment or Prison service (together, Establishment), We may hold on to the funds at your request for up to 72 hours awaiting transfer to the recipient. You may need to be authorised by the Establishment to send transactions to Your recipient and they may only be allowed to receive a certain amount of funds. We cannot, and do not, control the Establishments, and any decision by an Establishment to restrict the transfer of funds is at the sole discretion of that Establishment. Please check with the Establishment or Your recipient before undertaking the transaction. When making a transfer using Our Website, You should only attempt a transaction on a single account using a bank issued debit or credit card that is registered in Your name, being the account holder’s name. Whilst We take all reasonable precautions to ensure that every payment is delivered to Your chosen Establishment and appropriately allocated, there may be instances in which the sending and delivery of a payment may not be possible or delayed due to factors such as:

  1. the transaction is suspended (rejected) by an Establishment for any reason and at their sole discretion. We shall not be held responsible for transactions withheld from delivery by any given Establishment;
  2. an Establishment exercises its right to refuse registered users access to Our payment service without notice and without explanation;
  3. if they do not comply with Our Terms of Use or other policies;
  4. transactions will not be delivered if Your recipient’s identification number is incorrect;
  5. transactions will not be delivered if Your recipient is not in the Establishment You have chosen;
  6. You have been notified by an Australian government agency, prison operator or Court that You are prohibited from contacting a specific recipient, in such circumstances, any transactions sent using Our services will not be delivered and You will still be charged the processing, card payment, transfer and refund fees; and
  7. any other factor that is outside of Our control (for example, IT infrastructure failures).

15) Refund Policy

If a transfer is not completed within seven (7) days, or has been suspended or rejected by the Establishment, any monies that You have provided to Us will be refunded, and the transfer will be cancelled unless otherwise agreed between You and Us within this seven (7) day period.

Any refunds that We make will be processed onto the card that the payment was originally made with, unless otherwise agreed between You and Us from time to time. However, there are a number of fees that You may incur using Our services that are non-refundable, including:

  1. processing, card payment and transfer fees; and
  2. a refund administration fee, charged for any refunds.

This does not affect Your statutory rights in relation to refunds at law.

Please note that We are unable to process a refund if Your payment has successfully been transferred to Your chosen Establishment.

16) What will happen if You do not give required information to Us?

So that We can provide Our services to You, We require certain information from You, including but not limited to Your name, residential address, telephone number and Your recipient's information.

If You give Us incomplete or incorrect information, We will contact You via email or telephone to gain the correct information.

If We cannot gain the correct information, We may either end the contract or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result, you will be notified by email or in writing before any charges apply.

We will not be responsible for delivering a transaction late or not delivering it at all if this was caused by You not giving Us the information needed within a reasonable time of Us asking for it.

Please note that it is Your responsibility to change the location of the recipient if they are relocated.

17) Account suspension / cancelled

Your account held with Us may be closed or suspended for any reason that We deem appropriate in Our sole discretion. If We close or suspend Your account, You will be notified by email. We may decided to suspend or close an account for a number of reasons, including but not limited to:

  1. the Establishment exercises its right to refuse registered users access to the service without notice and without explanation;
  2. if any payments are disputed with Your card issuer, or any fraudulent activity, or activity that appears to be fraudulent occurs on Your account, the account will be immediately suspended and Your recipient(s) will be excluded (banned) from receiving funds through Our service. We may be unable to reinstate suspended accounts; or
  3. if any law enforcement body contacts Us regarding activity on Your account, We may suspend or close Your account. You and Your recipient(s) will be indefinitely excluded (banned) from using Our services.

If Your account has been suspended, please contact Our support team for more information.

18) Exercising Your right to change Your mind/cancel the service

You have 14 days from the date We email You with the sign up email to have Your account closed without charge.

You do not have a right to change Your mind once You request Us to send Your transaction, even if the 14-day cancellation period is still running.

If You cancel after We have started the services, You must pay Us for the services that We have provided up until the time You tell Us that You have changed Your mind.

19) Your rights to end the contract

You have the rights to end the contract for the provision of Our Services in the event of the following events occurring:

  1. We have told You about an upcoming change to the services or these terms which You do not agree to;
  2. We have told You about an error in the price or description of the services You have ordered, and You do not wish to proceed;
  3. We have suspended supply of the services for technical reasons or notify You that We intend on suspending them for technical reasons, in each case for a period of more than 6 months; and
  4. You have a legal right to end the contract because of something We have acted in an unlawful manner.

If You are ending a contract for a reason set out below, the contract will end immediately.

20) Ending the contract where We are not at fault and there is no right to change Your mind.

Even if We are not at fault and You do not have a right to change Your mind, You can still terminate the agreement between You and Us for the provision of services before it is completed, but You may have to pay Us compensation for early termination. A contract for services is completed when We have finished providing the services and You have paid for them. If You want to end a contract before it is completed where We are not at fault and You have not changed Your mind, please contact Us to let Us know. The contract will end after You have received notification from Us, and We will close Your account.

21) How to end the contract with Us

You can close Your account at any time without charge. Our refund policy and other conditions apply to any transactions that have already been submitted by You for processing. To close Your account and end the contract with Us, please do so in writing, by using one of the following methods:

  1. email uts.au@unilink.com from the registered email address requesting Your account to be closed;
  2. write to Us at PO Box 3455, Port Adelaide, SA, 5015, Australia and include:
    • Your account ID (found when You login to Your Secure Payment Services account)
    • Your full name;
    • Your registered email address
    • Your residential address;
    • Your telephone or mobile number; and
    • a description of Your request.

22) Our rights to end the contract

We may end the contract for Our provision of Secure Payment Services at any time for the following reasons:

  1. if You breach the terms of the contract as outlined in these Terms of Use, Our Privacy Policy or such other policies We have in place from time to time;
  2. if We receive a chargeback request or charge dispute from Your bank. In addition to Us terminating the contract, the intended recipient of Your payment will also be excluded (banned) and no longer be able to receive any transactions via Our Secure Payment Services and Your account will be suspended unless otherwise agreed between Us and You or the recipient;
  3. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the services;
  4. You do not use Your account to transfer funds for a continuous period of at least six (6) months; or
  5. if We receive a request from law enforcement or the Establishment.

If We end the contract in the situations set out in this clause, We will not refund any transfer and processing fees that You have paid to Us as reasonable compensation for the net costs We will incur as a result of Your breaking of the contract.

23) Other important terms

The following is a summary of important terms that You agree to as part of accessing the Website and Our Secure Payment Services:

  1. nobody else has any rights under these Terms of Use. This contract is between You and Us. No other person has any rights to enforce any of its terms;
  2. these Terms of Use, along with Our Privacy Policy and other policies that may be in place from time to time set out the whole of Our agreement relating to Your use of and access to Our Secure Payment Services. They may not be varied by You at any time. Nothing said by any person on Our behalf should be understood as a variation of these terms, or the nature and quality of items displayed. We shall have no liability for any such representation being untrue or misleading;
  3. each of the paragraphs of these Terms of Use operates independently. If any Court or relevant authority decides that any of them are unlawful, those provisions shall be severed and the remaining paragraphs will remain in full force and effect;
  4. even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything that You are required to do under these terms, or if We delay in taking steps against You in respect to Your breaching these Terms of Use, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date; and
  5. We shall not be held responsible for payments withheld from delivery by a given Establishment. This may be for any of the reasons outlined in clause 14), or for reasons specific to the Establishment.

24) General

Any waiver or relaxation, in whole or part, of any rights available to Us under these Terms of Use is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).

If any provision of these Terms of Use, is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms of Use, in which case, the remainder of these Terms of Use shall nevertheless continue in full force.

Nothing in these Terms of Use shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon Us in respect of Your use of the Website or Our services.

These Terms of Use, and the rights and licences granted in accordance with these Terms of Use, may not be transferred, novated or assigned by You without Our prior written consent (which may be withheld in Our absolute discretion). We may transfer, novate or assign this Agreement, and/or the rights and licences granted in accordance with this Agreement, without Your consent.

The laws governing these Terms of Use are the laws in the State of South Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them. You may not object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.

To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including but not limited to liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.

Each provision of these Terms of Use must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed.

25) Changes to these Terms of Use

We reserve the right to amend these Terms of Use, any content or features on the Website, and the material available through the Website from time to time and without notice to You. Subject to any express statement by Us to the contrary, any amendments shall be effective immediately upon being made available on the Website. When We update these terms, We will post a new version on the Website, and place a prominent notice on the Website. You should check the Website from time to time to review the then current terms, because they are binding on You. If You do not agree to these changes, please do not continue to use the Website.