WEBSITE TERMS
This website sets out your rights with respect to the use of our website (https://flash-payments.com) (Website). By accessing the Website, you agree to be bound by these terms (Website terms).
These terms are incorporated into the General Terms and are in addition to the Privacy Policy. If there is any inconsistency between these terms and the General Terms or Privacy Policy, the General Terms will prevail to the extent of the inconsistency.
The Website terms govern your use of the Flash Payments website or mobile phone app and operate for any activity conducted on the Website, including general browsing and the use of any feature, Account or Services.
Flash Payments may amend these Terms & Conditions at any time. Any such amendments will be posted on the Website and/or app and will take effect 1 Business Day after posting. If you do not accept such amendments to these terms, you cannot continue to use the Website or the app. By using the Website or the app, you agree that the then current version of these terms (including any amendments effective at that time) apply to your use of the Website or app.
Any capitalised term that is not defined in these terms has the meaning given to that term in the General Terms. The interpretation provisions that apply in the General Terms apply to these terms.
Your obligations
Without limiting any other obligation that you have under the Website terms, you must:
not access and use the Website or an Account unless you meet the eligibility requirements set out in the General Terms;
not act in a way which breaches the Website terms or the Transaction Documents;
not engage in any action or practice that reflects poorly on us or otherwise disparages or devalues our reputation or goodwill;
only use or access the Website or an Account in a country or jurisdiction where use or access is lawful;
only use or access the Website, an Account or the Services for a legal and legitimate purpose;
not modify, adapt, decompile, reverse engineer, disassemble or develop derivative works;
not remove, obscure or alter our brand or copyright notice or any other notice from any Content;
not use the Website, an Account or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
not use the Website, an Account or the Services in a way that could damage, disable, overburden, impair or compromise Flash Payments, the Website or our systems or interfere with other users; and
not disseminate malware or other malicious code that harms or subverts the Website or a user’s enjoyment of the Website by damaging, modifying, deleting, accessing (unless expressly permitted by these terms) or expropriating any data or functionality directly or indirectly related to the Website or a user’s use of the Website.
No investment advice
Any information provided by us on the Website is provided for informational purposes only (including comparative or other hypothetical information such as hypothetical saving amounts), and is not a recommendation, statement of opinion or endorsement by us to buy or sell a particular currency. This information has been prepared without taking into account your personal circumstances, needs or objectives. Nothing is intended to constitute investment, legal, tax, accounting or other professional advice and you should not rely on this information when using the Website. You should receive professional advice if you are in doubt.
The Website/app and the content on the Website / app has been prepared for general promotional purposes only and is not an offer to sell, or solicitation to buy any financial product.
Accuracy, completeness and timeliness of information
The information on the Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the maximum extent permitted by law, we make no warranty regarding the information on the Website.
We may, from time to time and without notice, change, add or discontinue products or services from the Website. However, we do not undertake to keep the Website updated. You should monitor any changes to the information contained on the Website.
We are not liable to you or anyone else, either directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the information on the Website.
Linked sites
Our website may contain links to websites operated by third parties (Linked Site). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on the Linked Sites and have no control over or rights in the Linked Sites.
As Flash Payments has no control of responsibility over, and does not investigate, monitor or check for the accuracy of Linked sites, we do not assume any liability for your use of Linked sites. If you decide to exit the Services and access Linked sites you acknowledge and agree that you do so at your own risk, and you should be aware that the Website terms and General Terms no longer apply.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a Linked site. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage operations of your computer systems.
Intellectual property rights
We retain sole and exclusive right, title, and interest to our Intellectual Property and the Website (Content).
We grant you a revocable, non-exclusive, non-assignable and non-transferable licence to use and access the Content in accordance with the Website. We can revoke this licence (or part of the licence) in our absolute discretion at any time without providing any reasons. Other than as expressly set out in the Website, your use and access of the Content does not grant or transfer any rights, title or interest in the Content to you.
Any reproduction or redistribution of the Content is prohibited, except to the extent permitted by law. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
You cannot through any means provide or make available a link to the Website unless you receive our prior written consent.
Warranties and disclaimers
Although we intend to take reasonable steps to protect the integrity and reliability of the Website, the Website is provided on an ‘as-is’ and ‘as-available’ basis. To the maximum extent permitted by law, we do not provide any warranties or guarantees (whether express or implied by law) with respect to the Website, including:
that the Website will be uninterrupted, timely, reliable, secure, error-free or free of any virus, worm, trojan horse or other harmful component; and
that the Website is merchantable, fit for a particular purpose or of acceptable quality.
We do not guarantee the absence of breakdowns, operational failures, unavoidable delays or other similar causes. These may be caused by various factors, many of which are outside our control, including:
down time and scheduled maintenance;
outages to any public internet backbones, networks, services or other infrastructure;
equipment failure, including the failure of third-party systems such as international or local access systems; or
Force Majeure event.
Liability
Under no circumstances will we be liable to you for any direct, indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any Loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that arise in relation to, or in connection with:
(a) your use of, or reliance on, the Website, the Content, an Account, the Services or any Linked Site;
(b) The accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the Website / app or in the Content; and/or
(c) Any errors or omissions in the Content or on the Website / app, whether or not Flash Payments is aware of such errors or omissions.
To the maximum extent permitted by law, our liability to you in relation to, or in connection with, the Website, an Account and the Services is excluded. However, the Competition and Consumer Act 2010 (Cth), may impose consumer guarantees or imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. The Website terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to, at our option the re-supply of the relevant services or payment of the cost of having the relevant services supplied again.
This provision will survive termination of your use of the Website.
Indemnification by user:
To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified, and must pay to us on demand all Loss incurred by us or arising, directly or indirectly, in connection with:
your use of the Website or inability to use the Website or
your use or misuse of an Account or the Services or the Content;
your breach of the Website terms, the General Terms or any of the Transaction Documents; and
any act of fraud or wilful misconduct by or on behalf of you.
You irrevocably and unconditionally release us from any claims, action, suit or proceedings that you may have against us arising as a result of, or in connection with, the Website terms, or the Account or the Services or any of the Transaction Documents.
The Website terms may be pleaded as a bar by us to any action, claims, suit or proceedings by you arising out of, or in connection with, these terms or the Account or the Transaction Documents or the Services.
This provision will survive termination or your use of the Service.
Disclaimer on timing where third parties involved in the transaction
You should be aware that banks and other third party market makers we use have fixed cut off times for the receipt and dispatch of electronic payments. We are not responsible for and have no liability for any delay in or failure of any transaction which results from a late arrival of funds or from late receipt of instructions.
Miscellaneous
The Website terms are governed by the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts in that jurisdiction.
We can unilaterally vary the Website terms at any time. By accessing or continuing to access the Website after we have varied the terms, you will be deemed to have accepted the varied terms. It is therefore important that you review these Website terms regularly.
If any term is declared unlawful, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these terms.
Last revised: 24th May 2023