In this Agreement, unless the context otherwise requires:
(a) “Application” means the mobile application used to access Y3L’s Services.
(b) “Claims” means all demands, claims, proceedings, penalties, fines and liability whatsoever (whether criminal or civil, in contract, tort or otherwise).
(c) “Confidential Information” means any and all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding information:
(i) entering the public domain or disclosed to a party by a third party, unless in breach of this Terms and Conditions; and
(ii) developed independently by a party.
(d) “Designated Events” means event organisers who use our Services.
(e) “Instant Prize Ticket” means an electronic ticket issued by PayBae to you indicating that you have won a prize (which is organised by event organisers who use PayBae).
(f) “Law” means any legislation or regulation applicable to you in the relevant State or Territory.
(g) “Loss” means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
(h) “Nominated Credit Card” means a valid credit card to use our Service as a Registered User.
(i) “PayBae” is a proprietary tool comprised of software, hardware and source code that provides Registered Users with the means to store monetary credit in a digital wallet and track their purchases made at Designated Events with the means to receive and store data and information in a database, retrieve that information and data and analyse that data and interconnect with other software streams, smartphones or similar devices.
(j) “PayBae Stall” means a stall set up by an authorised person of Y3L at the Designated Event.
(l) “Personal Identification Number Code / PIN Code” means a number combination which allows you to access your User Account.
(m) “QR Code” means a machine-readable code consisting of an array of black and white squares used for storing URLS or other information for reading by a smartphone or similar device.
(n) “Raffle Ticket” means an electronic ticket issued by PayBae to the Registered User if there is a raffle draw event to be held at the Designated Event (which is organised by event organisers who use PayBae).
(o) “Registered User” means an individual, business, company or other entity registered to use our Service.
(p) “Service” means the services we provide to you as per clause 2 of these Terms and Conditions.
(q) “User Account” means the account you use to access our Services via our Website or Application.
(r) “We” “us” “our” and “Y3L” means Y3L Pty Ltd.
(s) “Website” means the website used to access our Services.
(t) “You” and “your” means the Registered User.
In this Agreement, unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(e) headings do not affect interpretation;
(f) the word "including" (and related forms including "includes") means "including without limitation".
2.1 Our Terms and Conditions are intended to make you aware of your legal rights and responsibilities with respect to your access to our Services.
2.2 By accessing or using our Services, you agree to be bound by our Terms and Conditions. If you do not agree to all the terms or meet all Eligibility Requirements, you must discontinue use of our Services immediately.
3.1 When you become a Registered User of PayBae, we will provide you with a unique QR code which is linked with your digit wallet.
3.2 The QR code enables you to make purchases at all participating stalls at the Designated Events (provided that you have sufficient monetary credit stored in your digital wallet – please refer to clause 6.9 of the Terms and Conditions).
3.3 Event organisers who use PayBae are independent parties from Y3L and are not employees of Y3L.
4.1 In order to access and use our Services, you must become a Registered User by creating a User Account. Your User Account must be in your real name and include other Personal Information.
4.2 If you are under 18 years of age you must have your parent or guardian’s consent to create an account.
4.4 In creating a User Account, you represent to us that all information provided in such process is true, accurate and correct. You agree to update your information as necessary to maintain its legitimacy, truth and accuracy.
4.5 You must not impersonate, create or use an account for anyone other than yourself, or create multiple accounts except as authorised by us in writing.
4.6 You must keep your password confidential (if applicable). You are solely responsible for maintaining the security and confidentiality of your account information, and for all information made available through and in connection with your User Account.
4.7 You are responsible for all activities of your User Account. You will notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action.
4.8 Your continued use and access of our Service is your certification and acknowledgement that you agree to be bound by our Terms and Conditions.
4.9 We reserve the right to terminate your User Account at any time if you breach these terms and conditions.
5.1 By creating a User Account you warrant that you are at least 18 years of age (the “Minimum Age Requirement”) or if you are under the age of 18, you have the consent of your parent or guardian (the “Eligibility Requirement”).
5.2 Y3L reserves its right to require you to prove that you meet the Eligibility Requirement through the provision of written confirmation from your parent or guardian.
5.3 If it becomes apparent you do not meet the Minimum Age Requirement or the Eligibility Requirement, we reserve the right to terminate your User Account immediately.
5.4 If your User Account is terminated under clause 5.3, any monetary credit stored in your digital wallet will be forfeited by you and non-refundable by Y3L.
6.1 The QR code and PIN code provided to you is paramount with the use of PayBae.
6.2 You acknowledge that unless proper precautions are taken, there are risks that your QR code or PIN code may be lost, stolen or used without your permission.
6.3 You agree that you will never let your QR code or PIN code leave your sight when making a purchase at Designated Events.
6.4 You agree that you will keep the QR code and PIN code in a safe place at all times.
6.5 You agree that you will not lend the QR code or PIN code to anybody as the QR code and PIN Code is issued for your exclusive use only.
6.6 You agree that you will never tell or show the QR code or PIN code to another person. If you suspect someone else might know your QR code or PIN code you must contact us immediately.
6.7 You agree that you will immediately report the loss, theft or unauthorised use of your QR code or PIN Code to us.
6.8 You understand that a purchase transaction can only be made if you allow an authorised person of the participating stall at the Designated Event to tap or scan your QR code and approve with your associated PIN Code.
6.9 You understand that sufficient monetary credit must be stored in your digital wallet to cover purchases made at Designated Events. Failure to keep sufficient monetary credit in your digital wallet could lead to a transaction being declined.
6.10 Your correspondence or dealings with the participating stall(s) at the Designated Event including payment transactions, warranties or representations associated with such dealings are solely between you and the participating stall(s) at the Designated Event.
6.11 You agree that all purchase transactions at the Designated Event can only be made with the use of PayBae.
6.12 If any of the participating stall(s) at the Designated Event requests you to make a purchase using a method other than through the use of PayBae, you must notify us or report them to the PayBae Stall immediately.
7.1 You may incur charges from your network service provider for updated and using our Services. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your network service provider.
7.2 You agree that we may retain a 2.5% credit card surcharge each time you store monetary credit in your digital wallet by accessing our Services on our Website. You acknowledge this credit card transaction surcharge may vary depending on the relevant banking institution of your Nominated Credit Card.
7.3 You agree that we may retain a 3% credit card surcharge each time you store monetary credit in your digital wallet by accessing our Services at a PayBae Stall. You acknowledge this credit card transaction surcharge may vary depending on the relevant banking institution of your Nominated Credit Card.
8.1 When you confirm a top up or storing monetary credit in your digital wallet through our Website or Application, you agree to pay any applicable charges imposed by a third party service (e.g. relevant banking institution). We will facilitate your payment of the applicable charges (if any) on behalf of the third party service as their limited payment collection agent.
8.2 Payment will be automatically debited from your digital wallet when a purchase transaction is made in the following order of priority:
8.3 Any top up by way of cash in your digit wallet; and
8.4 Any top up by way of credit card, debit card or EFTPOS card in your digital wallet.
Example: You have $30.00 credit in your digital wallet., of which $20.00 was a top up by way of credit card and $10.00 was a top up by way of cash. Your purchase transaction at a participating stall at the Designated Event was for $12.00. The amount automatically debited from your digital wallet would be the $10.00 in cash and $2.00 from your credit top up.
8.5 By providing credit card details you warrant and agree you are duly authorised and entitled to use that credit card to make payments from time to time on behalf of the Registered User.
8.6 Charges will be inclusive of applicable taxes when required by Law.
8.7 Charges paid by you are final and non-refundable, unless otherwise determined by us.
8.8 Your payment may be processed via a third party nominated by us at our sole discretion from time to time. You are responsible to pay any additional fees or charges (if any) imposed by that third party service.
9.1 You may apply for a refund of the balance credit in your User Account at any time by visiting a PayBae Stall.
9.2 Any refund of the balance credit in your User Account will be either by cash or refunded back to your nominated bank account to be determined by us in our absolute discretion.
9.3 Any refund made under clause 9.2 will be refunded within a commercially reasonable time. You acknowledge that the time it takes for the refund to appear in your nominated bank account will vary depending on your financial institution.
10.1 We reserve our right to suspend your account at any time if it is reasonably necessary to do so.
10.2 We reserve the right to access, read and disclose any information that we reasonably believe is necessary to satisfy any applicable legal or governmental process or to detect or prevent issues, including but not limited to fraud, security or technology violations.
10.3 We reserve the right to modify or terminate the Service for any reason, without notice at our absolute discretion.
10.4 Upon termination of the Service any fees, expenses or reimbursements payable by you to us in respect of any period prior to the termination date must be paid when billed and otherwise within seven (7) days after the termination date.
11.1 By accessing our Services, you agree you must not use the Services for any purpose that are prohibited under these Terms and Conditions, in any companion policy or document, or by any Law in the place you access our Services. In this regard, you specifically agree that you must not (which list is not exhaustive):
(a) create a User Account other than in your own name, falsely state your identify, or do anything prohibited by clause 4.4;
(b) access or use, or attempt to access or use, a User Account other than your own User Account.
11.2 You agree and acknowledge that you are responsible for any interactions with any other party accessing or using the Service, including any other third party, whether or not they are a user of the Service.
11.3 You understand that by accessing our Services you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.
11.4 You understand that the Service may be interrupted, including but not limited to scheduled maintenance or upgrades, urgent repairs or due to a failure of telecommunication links and equipment.
12.1 We may issue a Raffle Ticket to you once you become a Registered User.
12.2 You acknowledge the Raffle Ticket draw (if any) is organised by the event organiser of the Designated Event.
12.3 Neither we, nor our directors, officers, owners, contractors, agents or employees, or related parties shall be liable for any kind of loss or liability suffered or incurred related to the Raffle Ticket draw.
12.4 You agree that the Raffle Ticket draw is solely between you and the event organiser of the Designated Event.
13.1 We may issue an Instant Prize Ticket to you once you become a Registered User.
13.2 You acknowledge the winning of a prize under the Instant Prize Ticket (if any) is organised by the event organiser of the Designated Event.
13.3 Neither we, nor our directors, officers, owners, contractors, agents or employees, or related parties shall be liable for any kind of loss or liability suffered or incurred related to the winning of an Instant Prize.
13.4 You agree that the winning of a prize under the Instant Prize Ticket is solely between you and the event organiser of the Designated Event.
14.1 Our Services may be accessed by our website or by Application. You may, at your sole and absolute discretion and risk, use applications that connect our Website or Application with a third party service (“Third Party Services”) and such Third Party Services may communicate, connect to or gather information from you.
14.3 You agree and acknowledge that we are not responsible for any such external links and material, and do not endorse any advertising or other content appearing in or linked to from our Services.
14.4 You agree and acknowledge that all correspondence and any communications between you and any third party accessed or found through our Services are strictly between you and the third party.
14.5 By using Third Party Services, you agree and acknowledge to the following:
(a) if you use the Third Party Services to share information, you are consenting to information about your profile on our Service being shared;
(b) your use of a Third Party Services may cause personally identifying information to be publicly disclosed or associated with you;
(c) your use of a Third Party Services is at your own risk and you hereby indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way through the use of the Application;
(d) Additionally, Apple Inc., Google Inc., Microsoft Corporation or Blackberry Limited and/or their applicable international subsidiaries and affiliates will be third-parties to these Terms and Conditions if you access the Application using Third Party Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices. These third parties are not parties to these Terms and Conditions and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party’s terms of service.
15.1 The parties agree to keep all Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
15.2 The parties acknowledge that information resulting from or in any way related to your use of the Service pursuant to these Terms and Conditions will be regarded as Confidential Information.
15.3 The obligations accepted under this clause 15 survive termination or expiry of this agreement.
16.1 You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your access to and use of the Service including without limitation loss, damage, or injury to you, your employees or any third party.
17.1 To the greatest extent permitted by Law, neither we, nor our directors, officers, owners, contractors, agents or employees, or their or our related parties, shall be liable to you or others for any indirect, incidental, consequential or punitive damages, or any loss resulting from the following:
(a) your access to or use of or inability to access and use the Service;
(b) any conduct of any third party on the Service, including without limitation any defamatory, offensive or illegal conduct of other users of third parties including event organisers using our Service;
(c) any content obtained from the Service;
(d) any unauthorised access, use or alteration of your transmissions; or
(e) use or changes to your Personal Information.
(f) The obligations in this clause 17 survive termination or expiry of this agreement.
18.1 All the material on this Website is subject to the copyright of Y3L. You must not reproduce or copy any of the material on this website or otherwise incorporate into or store in any other website.
18.2 Trademarks and logos (“marks”) displayed on this Website are the property of Y3L and users are prohibited from using any of our trademarks without the express consent of Y3L.
19.1 The Website is provided “as is” and “as available”. We hereby disclaim any and all liability to you for any loss or liability, however caused, relating to the use of this Website or any embedded or linked website or the use of or reliance on any material on this Website or any material accessed through this Website.
19.2 You waive all rights to bring or assert any claim against us, our agents, employees, or any related party.
20.1 Your access to and use of the Services is at your own risk.
20.2 Your access to the Services at the Designated Events is between you and the event organiser and whilst Y3L has taken all reasonable care to select event organisers that are reasonably capable to facilitate the use of our Services with you, we give no warranty as to whether the use of our Services will be properly facilitated by the event organisers/
20.3 You agree and acknowledge the Services are provided on an ‘as is’ and ‘as available’ basis without warranty of any kind, and any and all warranties of accuracy are specifically disclaimed.
21.1 We reserve the right to amend or vary this Terms and Conditions from time to time without giving any reason.
21.2 You will be given notice of any change by publication of an amended Terms and Conditions (‘Amended Terms’) on our website and take effect 21 days after the date on which they are published.
21.3 You may elect not to proceed under the Amended Terms. If you do not wish to proceed under the Amended Terms you must cancel your User Account. By continuing to use our Service after such time as the Amended Terms take effect you are deemed to irrevocably accept the Amended Terms without reservation and are bound by them.
Time is of the essence of this Terms and Conditions.
22.2 No Reliance
Each of the parties to this Terms and Conditions acknowledge that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Terms and Conditions. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
These Terms and Conditions shall be governed by the laws of the Commonwealth of Australia and of the State of Queensland. In the event of dispute arising under or in relation to this Terms and Conditions the parties agree to submit to the jurisdiction of the Courts of Queensland to the exclusion of all others.
A waiver of any clause or a breach of these Terms and Conditions by us must be made in writing by our authorised agent.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
22.6 Address for Notices
Unless otherwise stated all notices to be sent to us in accordance with or in relation to this Terms and Conditions must be sent to ‘email@example.com’.
At Y3L Pty Ltd ACN 625 026 244 and its related entities ('Y3L' / 'we' / 'us') it is important to us that we manage your personal information securely and consistently with relevant legislation, including the Privacy Act 1988 (Cth) ('Privacy Act') as well as the Credit Reporting Privacy Code ('Code') where applicable.
This Policy outlines how we collect, disclose, use, store or otherwise handle personal information. It is not limited to current customers but to all individuals and business users who deal with us.
We will not disclose your personal information to another person unless you have given consent or if one of the exceptions under the Privacy Act applies. Where possible, the information that could reasonably identify you as an individual is first removed.
Except as set out above, Y3L will not disclose your information to a third party unless one or more of the following applies:
Y3L maintains records of all customers including financial information which may need to be shared with financial institutions, government or regulatory bodies from time to time.
We may disclose personal information about you to a CRB in relation to any credit-related dealings with us. That information may be included in reports by the CRB to other credit providers or to another CRB to help them assess applications by you for credit.