PAYMENTS makes no representation that the materials in the Site are appropriate or available for use in other locations, and access to them from States or Territories where their contents are illegal is explicitly prohibited.

Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

AUTHORISED USERS
Only PAYMENTS Clients, Merchants or any other persons authorized by PAYMENTS are authorized users of this site. For participating Merchants - you will need your username and password number to access your information. All username and password access should be kept safe to avoid unauthorized persons from accessing and/or changing your records. Any unauthorized access/alteration of your records is strictly your responsibility. To the extent permitted by law, you agree that by using this site to indemnify and forever hold harmless Payments.com.au from any losses or damages suffered howsoever caused including any legal expenses, penalties, awards or other outgoings of whatsoever nature.

USE RESTRICTIONS
The copyright in all material provided on this Site is held by PAYMENTS or by the original creator of the relevant material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PAYMENTS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided that you do not modify the materials and that you retain and display all copyright and other proprietary notices contained in the materials in their original form and size. This permission terminates automatically if you breach the Agreement in any manner whatsoever. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without PAYMENTS's express written permission, 'mirror' any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. TRADEMARKS & LOGOS The trademarks, service marks, and logos (the 'Trademarks') used and displayed on this Site are registered or unregistered Trademarks of PAYMENTS and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of PAYMENTS or the Trademark owner. PAYMENTS will aggressively enforce its intellectual property rights wherever infringements are found to exist. The name of PAYMENTS or the PAYMENTS logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written permission of PAYMENTS. You may provide a link from your web site to any part of Payments.com.au without requiring permission from PAYMENTS.

PAYMENTS MADE
The Customer warrants that the Payments that they are making to the selected Merchant are Payments that they have the authority to make using either their own credit card or are using another credit card the use of which has been expressly granted to them for this purpose. The Customer or the party making the Payment warrants to PAYMENTS that they are making the Payment in their own right or with full authority and hereby indemnify and agree to keep indemnified PAYMENTS from all or any claims made by any persons claiming such transactions to be unauthorized. The Customer further agrees to repay or pay on demand any amounts found to be unauthorized and will indemnify PAYMENTS against all losses of whatsoever kind in respect the disputed transaction including (but not limited to) the amount of the original PAYMENT, any fines, penalties, legal fees and any other costs or charges of whatsoever kind.

DISCLAIMER OF WARRANTY
The materials on this site are provided 'as is' without warranties of any kind either express or implied. To the fullest extent permitted by law, PAYMENTS disclaims all warranties, expressed or implied and any prior statements, claims or representations are hereby revoked. PAYMENTS does not warrant or make any representations whatsoever regarding the use, accuracy, validity, or reliability of, or the results from the use of, or otherwise respecting, the materials on this site or any sites linked to this site. LIMITATION OF LIABILITY Under no circumstances, including, but not limited to, negligence, shall PAYMENTS be liable for any direct, indirect, incidental or consequential damages howsoever caused, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if PAYMENTS or an PAYMENTS authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you do so at your own cost. You further agree to indemnify and hold harmless PAYMENTS to the fullest extent permitted by law.

TRANSMISSIONS OF DATA
Any material, data, information or idea that you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PAYMENTS or its relative body corporate (as defined in the Corporations Law) for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing of products. You are expressly prohibited from posting or transmitting to or from this Site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or offensive material, or any other material that could give rise to any civil or criminal liability under the law. PAYMENTS disclaim all and any responsibility for the content or material posted by you on this website.

TERM OF USE REVISIONS
PAYMENTS may at any time revise this Agreement by updating this Intenet posting. By using this Site, you agree to be bound by any such revisions and therefore should periodically visit this page to determine the current Agreement to which you are bound.

PAYMENT MERCHANT AGREEMENT
Merchants who require access to secure real-time eCommerce facilities are required to complete a "Merchant Agreement" - the terms of which are to be read in conjunction with these terms. Any inconsistent terms found to exist between the two Agreements will be varied at the option of Payments.com.au to clarify the intended meaning and to give effect to such terms.