Service Agreement for MegaPay Application

This Agreement is a contract between you and MegaPayPro Pty Ltd and applies to your use of the Services.

By installing the MegaPay, you must read, agree with and accept all of the terms and conditions contained in this Agreement. Please read the terms of this Agreement carefully before agreeing to it.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

Our Relationship with You

  1. MegaPayPro Pty Ltd enables you to make payments to third parties. MegaPayPro Pty Ltd is an independent contractor for all purposes. MegaPayPro Pty Ltd does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence.
  2. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
  3. You may not transfer or assign any rights or obligations you have under this Agreement without MegaPayPro Pty Ltd‘s prior written consent.
  4. Amendments to this Agreement. We may at any time amend, delete or add to this Agreement, including the Fees and other amounts which apply to our services by giving notice of such Change by posting a revised version of this Agreement on the MegaPayPro Pty Ltd website(s). A Change will be made unilaterally by us and you will be deemed to have accepted the Change. In some instances, the Change will be made without prior notice to you and shall be effective immediately. If you do not accept any Change, you must stop using the application and uninstall it from any of your devices.
  5. To be eligible for our Services, you must be a resident of the Australia; have full legal capacity to enter into a contract; and if you are an individual, be at least 18 years old.
  6. Payment sources. By linking a debit card, credit card or (in certain cases) pre-paid card as a Funding Source, you are providing MegaPayPro Pty Ltd with a continuous authority to charge that card for the amount necessary to do a purchase when the card is the applicable Funding Source for that Payment Order pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Funding Source in your MegaPay application.

Sending Money

Our execution of your Payment Orders

  1. Subject to the terms of this Agreement (and your compliance with the same), you agree that we will execute a Payment Order made by you via your MegaPay application and credit the payment service provider of the person to whom you are sending your payment, as soon as the payment schemes available to MegaPayPro Pty Ltd.
  2. You agree that we use the information you provided in MegaPay to do a payment.
  3. Merchant Processing Delay. When you send a payment to certain merchants, you are providing an Authorisation to the merchant to process your payment and complete the transaction in reasonable time without any delays.
  4. You agree, at the time of Authorisation, to authorise a payment to be made to the merchant up to the amount which is highlighted as being the “total amount” (or similar) on the payment authorisation page. This is to include any additional amounts which may be payable by you to the merchant, as subsequently agreed by you and the merchant. You further agree that we are not required to verify this additional amount with you at the time the payment is transferred and that we may transfer any amount up to the “total amount” (or similar) on the basis of your Authorisation and upon receiving instructions from the merchant of the final payment amount.

Service start and end

This Agreement starts when you successfully installed the MegaPay application and ends when your uninstall it from all of your devices.

When you declined to receive the service for some reasons:

  1. we may suspend, limit or terminate your access to or use of our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services.
  2. we may keep your history information in our database for the purpose of fulfilling our legal obligations.

Fees

The MegaPay application is free. We do not charge our customers for using it.

 Restricted Activities

  1. Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with MegaPayPro Pty Ltd, a User or a third party, you will not:
  2. Breach this Agreement;
  3. Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
  4. Use payment sources which not belong to you;
  5. Infringe MegaPayPro Pty Ltd’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  6. Act in a manner that is obscene, defamatory, unlawfully threatening or unlawfully harassing;
  7. Provide false, inaccurate or misleading Information;
  8. Fail to provide us with further information about you or your business activities that we may reasonably request;
  9. Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds;
  10. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  11. Attempt to undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both MegaPayPro Pty Ltd and the seller, bank, or credit card company for the same transaction;
  12. Use an anonymising proxy;
  13. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to MegaPayPro Pty Ltd, a third party or you;
  14. Abuse (as either a buyer or seller) of our Online Dispute Resolution process;
  15. Cause MegaPayPro Pty Ltd to receive a disproportionate number of Claims that have been closed in favour of the claimant regarding your activity or business;
  16. Use your Account or the Services in a manner that MegaPayPro Pty Ltd, Visa, MasterCard, American Express or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;
  17. Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as MegaPayPro Pty Ltd reasonably believes based on the information available to it);
  18. Access the Services from outside of the Australia;
  19. Take any action that imposes an unreasonable or disproportionately large load on the Services, our infrastructure, our websites, our software or our systems (including any networks and servers used to provide any of the Services) whether operated by us or on our behalf;
  20. Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data or Information or the Services;
  21. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  22. Use any device, software, routine, or interfere or disrupt or attempt to interfere with or disrupt our infrastructure, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services;
  23. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the MegaPayPro Pty Ltd website(s) without our or any applicable third party’s written consent;
  24. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers;
  25. Use the Service to test credit card behaviours;
  26. Reveal your Account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;
  27. Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement;
  28. You agree that engaging in the above Restricted Activities diminishes your safe use of MegaPay application.

Keeping your MegaPay application Safe.

You agree to perform the following actions:

  1. Not engage in any of the Restricted Activities;
  2. Keep MegaPay application profile passwords safe;
  3. Not allow anyone else to have or use your MegaPay application profile details;
  4. Not disclose the details of your MegaPay application profile except when using the Service;
  5. Never write your MegaPay application profile password in a way that can be understood by someone else;
  6. Take care to make sure that no one can use your MegaPay application profile password and application itself;
  7. Ensure you are logged out of MegaPay application profile when you don’t use it;
  8. Refrain from using any functionality that saves or stores your MegaPay application profile password on your device;
  9. Do not use any unknown or uncertified by MegaPayPro Pty Ltd application on same device with MegaPay application;
  10. Do not use MegaPay application on rooted device;

Your Liability.

You are responsible for all activity using MegaPay application.

Refund.

MegaPayPro Pty Ltd is a payment gateway; all refund operations to be disputed with the merchant.

Errors

Any errors could be reported to the merchant followed by the transaction number (if the transaction number exists).

No Warranty.

MegaPayPro Pty Ltd does not guarantee a seller you are dealing with will actually complete the transaction or is authorised to do so.

MegaPayPro Pty Ltd does not guarantee continuous, uninterrupted or secure access to any part of our Services, our infrastructure, our software whether operated by us or on our behalf. You acknowledge your access to the Services, our infrastructure may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We cannot guarantee the accuracy of all information on our hosts in all circumstances and contexts. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

Intellectual Property

You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software or our technology, or otherwise create any derivative works from our software or technology.