Your use of POLi™ is subject to the following terms and conditions (Terms).
By using POLi™ You agree to be bound by the Terms in respect of Your use of POLi™ and you may not deny any of the acknowledgments contained in these Terms.
Click on the headers below to read the relevant section:
In these Terms, unless the context otherwise requires:
Merchant (Betfair Pty Ltd) means the merchant from whom You are using POLi™ to initiate a payment to the merchant (and that party’s successors and assigns), and
Terms means the terms and conditions as in force at the time when You enter a POLi™ session;
You, Your and Yours refers to each person who uses POLi™.
We, Us, Our, and Ours each mean Centricom Pty Ltd ACN 105 393 664, the Merchant and their respective affiliates, licensors and service providers;
POLi™ means the web-based service that facilitates Your use of Your internet banking services provided by Your financial institution for making payment to Us by way of electronic transfer from Your account held with that financial institution.
1.1 POLi™ is not a credit payment service.
1.2 The services available to You using POLi™ are limited to:
- giving You the ability to make purchases from the Merchant online without the need for You to use a credit card or a scheme debit card;
- facilitating Your use of an electronic funds transfer from Your bank account to the Merchant’s bank account by, once You are logged into an internet banking system of a financial institution supported by POLi™, populating the relevant fields of screen for transferring funds to the Merchant’s account; and
- confirming Your financial institution’s transaction number, issuing You with a receipt and notifying Us of same.
1.3 Any payment made to the Merchant by You that is facilitated by POLi™ will always be subject to Your financial institution’s terms, conditions and policies that govern internet banking in so far as they relate to transfers of funds from Your account to a third party’s account.
1.4 By utilising POLi™ You warrant that You are authorised to make payments from the financial institution’s account from which this payment was made.
2.1 By offering POLi™ We are not making any representation that We or POLi™ have the approval or, an affiliation with, or any licence from or agreement with Your financial institution to operate or offer POLi™ for use by You.
2.2 In order to operate POLi™ You may be required to download certain third party software. Your download of that third party software is subject to the terms and conditions imposed by the licensor of that software.
3.1 We will not be liable to You or any other party for any loss or damage, however caused (including through negligence), that You may directly or indirectly suffer in connection with Your use of POLi™, including, without limitation, any loss or damage that arises as a result of Your download or use of the third party software referred to in section 2.2.
3.2 To the extent permitted by law, We disclaim all warranties and conditions, express or implied, in respect of POLi™ and your use of POLi™ including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Where any applicable law prohibits Us from excluding or modifying any implied warranty or condition, such warranty or condition will be deemed included and Our liability for breach thereof will be limited to providing POLi™ again.
3.3 In no event will We or Our respective directors, officers, employees or agents be liable to You or any other party for any consequential, special, indirect or punitive loss or damages, nor for any lost profits, lost business or lost data, even if advised of the possibility of such losses or damages. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach or breach of a fundamental term.
3.4 You will indemnify and save Us harmless from and against any claim made against us by any party arising out of any breach by You of any of Your warranties or obligations under these Terms or arising out of any unauthorised, improper or illegal use of POLi™.
4.1 You will ensure that Your access to or use of POLi™ is not illegal or prohibited by laws that apply to You.
4.2 You will take Your own precautions to ensure that the process that You use for accessing POLi™ does not expose You to the risk of viruses, malicious computer code or other forms of interference that may damage Your computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to Your computer system that arises in connection with Your use of POLi™.
5.1 These Terms will be governed by, and interpreted according to, the laws of Victoria, Australia and You consent to submit to the jurisdiction of the courts of Victoria.
5.2 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond Our reasonable control.
5.3 If We waive any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
5.4 If any of these Terms conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
5.5 These Terms constitute the entire agreement between You and Us concerning your use of POLi™.
6.1 We recognise that Your personal information is very important to You and we are committed to promoting confidence in the manner in which Your personal information is handled by Us.
6.2 Your account access information such as usernames and passwords are not captured or stored by POLi™ or by its website. However POLi™ may store your financial institution account number for audit purposes. If You do not wish to disclose that information to Us, then You should not operate or use POLi™.