This version (1.0.0) of the GOTTAPAY Terms and Conditions of Use is valid as at 16 June 2010.
Definitions and interpretations
means the GOTTAPAY Website.
means the specific details you provide to us for the purpose of establishing and operating your GOTTAPAY access account.
"Terms and Conditions"
means the GOTTAPAY Terms and Conditions of Use.
means the legal entity or entities registered as a GOTTAPAY client (or user).
Term of agreement
- This agreement will become effective between you and us when:-
- You Register for a GOTTAPAY User Account.
- GOTTAPAY accepts your registration; and
- you receive by email from GOTTAPAY notice of your registration.
- Your registration will be subject to email address verification so that we can be assured that your GOTTAPAY access account is valid and representative of you and that such account has not been established in a manner which misrepresents you. We will be under no obligation to provide GOTTAPAY access until such time as the verification process has been validated.
- We have the right to change or discontinue any feature of GOTTAPAY at any time, including content, hours of availability, pricing, and these Terms and Conditions.
- Variation notices will in the majority of circumstances be advised via the GOTTAPAY web site. The alternate variation notice process will be email notification.
Registration Details and Suspension
- GOTTAPAY access will only be provided to you where the Registration Details are correctly representative of you. We, at our sole discretion, will suspend your GOTTAPAY access account where Registration Details you have provided are found to be misrepresentative of you.
- Automatic termination
This agreement will automatically terminate if you try to use GOTTAPAY in any manner deemed to be potentially fraudulent or detrimental to GOTTAPAY.
- Termination by you
You can terminate this agreement by advising us by e-mail. The notice of termination must include your Account Code and password. Surplus funds will be forfeited.
- Termination by us
We can end this agreement immediately without notice should you be in breach of this agreement.
Fees and terms of payment
- Unless you have lodged a pre-payment or have been provided with a Payment Voucher Code then all fees are payable to us prior to creation of an Invoice Claim or Payment Schedule (or other service if provided).
- Current fees are displayed on the "What Does it Cost?" page of the GOTTAPAY web site.
- Refunds are not available under any circumstances once Documents have been created.
- Your misuse of activation buttons or any GOTTAPAY technology which incurs multiple or single charges will become due and payable by you. No refund applies under these circumstances.
Minimum system requirements
- GOTTAPAY uses Internet technology. It is your responsibility to ensure that your system is capable of using current versions of Internet Browser and Communication and Security Protocols.
- We have no control over the speed of transmission of data where the Internet is used for access.
Interruption to service
- We do not promise that your access to GOTTAPAY will be uninterrupted (except to the extent, if any, which such a promise might be implied by law and be incapable of exclusion by us).
- We will use our best efforts to provide access 24/7/365. However, there may be an interruption to services to facilitate urgent reasonable maintenance by us.
- We will not be liable to you or third parties for interruptions to the service beyond our control including but not limited to:
- Problems with your telecommunications services;
- Problems with your Internet Service Provider; or
- Problems with your hardware or software.
(Except to the extent, if any, which we may not be able to lawfully exclude such liability).
Disclaimer of liability
- You agree that we will not be liable to you for anything (even negligence) to do with GOTTAPAY (for example, without limitation, inaccurate information), except to the extent (if any) which we cannot exclude liability.
Intellectual property and copyright
- You acknowledge that you do not acquire any property rights in documentation provided to you through GOTTAPAY.
- GOTTAPAY and the GOTTAPAY logo are the registered trademarks of GOTTAPAY and remain the property of GOTTAPAY. Unless otherwise provided for under these terms and conditions of use, you are not provided any authorisation to reproduce or utilise GOTTAPAY trademarks for any activity other than those prescribed under these terms and conditions of use. All trademarks remain the property of their registered owner.
Use of information
- Databases and Documents
GOTTAPAY is made available only for your personal information or business operations.
- About you
GOTTAPAY will retain and protect the information provided by you for registration and GOTTAPAY purposes only (but may be legally required to disclose it in some circumstances, eg if ordered by a court to do so).
It is impossible to guarantee the protection of your personal data absolutely. GOTTAPAY uses encryption which provides a level of security. However, although unlikely, your data may be exposed to loss, unauthorised access, use, modification or disclosure.
GOTTAPAY will not use the information for on-selling to Third Parties unless we have obtained your written permission.
Persons under the age of 18 years are not legally permitted to become registered users of GOTTAPAY.
- Account code and password security
You are totally responsible for the use of your GOTTAPAY account code and password and for maintaining their security.
You shall be responsible for any use whatsoever of the Account Code and Password whether authorised or not.
You agree not to reveal your GOTTAPAY Password to any other person other than your employees who you authorise to use your Account Code and Password.
For security reasons, you shall be required to change the password when requested.
- Support services
We will provide support for your use of GOTTAPAY by e-mail. We will endeavour to provide 24 hour turnaround on this service during operating hours. An e-mail form is provided on the Web site for this purpose.
Usage report records and management
- We provide 12 months on-line access to usage report records. This access is for the purposes of assisting you to manage records in relation to end of year reconciliation.
- During this access period it is your sole responsibility to download, retain and store the available records.
- Should you require records outside of any 12 month access period then such records may be available to you at a fee as agreed between us and you.
- Subject to your written request (email acceptable) we will provide you with a fee quotation inclusive of an estimated delivery timeframe.
- Your written acceptance (email acceptable) of the fee quotation will be required prior to us proceeding to recover and deliver your records.
- We will be under no obligation to provide your records outside any 12 month access period unless you have accepted a fee quotation.
- Any dispute arising out of or in connection with this agreement ("Dispute") shall be resolved as follows:
- The parties shall first refer the Dispute to mediation by a Mediator who is approved by the South Australian Law Society ("The Society") and who is agreed to by the parties, or failing agreement, appointed by the President of the Society, on the terms of the standard mediation agreement approved by the Society.
- The reference shall commence when either party gives written notice to the other, specifying the Dispute and requiring its resolution under this provision.
- Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the Dispute under this provision.
- If the Dispute is not resolved within 21 days of the commencement of the reference under this provision, either part may then, but (subject to (5)) not earlier, commence proceedings in any court of competent jurisdiction.
- Nothing in these terms and conditions prevents a party from commencing court proceedings relating to any Dispute at any time where that party is seeking urgent interlocutory relief.
- This agreement shall be governed by and interpreted in accordance with the laws of the State of South Australia, Australia.
- This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
- None of these terms and conditions will be taken to be waived except by written notice signed by you and us.