inline APPS SUBSCRIPTION AGREEMENT
Reservation and Food Ordering
- INLINE APPS AUSTRALIA PTY LTD (“inline”) is in the business of providing reservation application services;
- You (“Client”) wish to retain inline to provide certain systems services, as described herein;
- inline and Client (collectively, the “Parties,” and each, individually, a “Party”) wish to set forth the terms and conditions of inline’s services in this agreement (this “Agreement”).
NOW IT IS HEREBY AGREED AS FOLLOWS:
- The term of this Agreement (the “Term”) shall be identical to your Initial Term Dates stated in your inline Subscription Order Form, unless either party provides a written notice of termination within 14 days of signing.
- This agreement shall automatically renew for another one (1) year term unless one party provides written notice to the other of its intent to terminate this agreement no less than fourteen (14) days before the end of the then-current term.
- SUBJECT MATTER
- inline shall provide the following services (collectively, the “Services”) pursuant to the terms and conditions herein to Client:
Reservation & Queue
- inline host reservation/waitlist applications;
- Online reservation webpage services;
- Issuing confirmation notices of successful reservations or waitlists;
- Receipt of advance deposits from customers (subject to Article 3, as applicable);
- Other services and information designated by inline.
Food Ordering (Subject Matters Article 2.3 to 2.6 will apply)
- inline Food Ordering services, for Takeout, and for Delivery;
- inline Food Ordering website(s) for patrons for Takeout and Delivery;
- Applications to connect with Delivery Partners for related information services;
- Methods for Client to manually enter Delivery Courier details for each Delivery order;
- Notifications for Client and patrons of successful Takeout orders, and Delivery orders and deliveries;
- Online Payment Methods for patrons to pay for Delivery orders in advance;
- Online Payment Methods for patrons to pay optional No-Show fees for Takeout orders;
- Applications for Client to manage orders, including Accepting, Rejecting, Canceling, and Fully or Partially Refunding payments;
- Methods to integrate Food Orders made via inline with Point of Sale systems;
- Applications for CRM, order records, and analytics through web and iPad;
- Financial records of each order, payment, any refunds, details of fees, and payouts;
- Subject to the terms and conditions of this Agreement, inline hereby grants Client, for no consideration, a non-exclusive, royalty-free, non-transferable, non-sublicensable, non-assignable license to you.
- During the Term, Client agrees to use the inline software in connection with the provision of the Services by inline, solely for the purposes of Table Management, Booking, Queuing, and the purposes of selling Meals to Client’s patrons, tracking resulting Meal Payments and fees, connecting with Delivery Partners, and using analytics and engaging with patrons for the services defined here.
- Upon execution of this Agreement, inline Apps will be made available to Client to access on-demand courier services by Delivery Partners. For the sake of clarity, neither inline nor its affiliates provide any delivery or courier services. “Delivery Partner” is defined as an independent contractor or a business entity who intends to provide on-demand delivery services through using inline’s application under license from inline or one of its affiliates. inline will not have any obligation to deliver the meals as an application provider. For purposes of delivery of the Meals, the Delivery Partners shall operate (i) under cover of any approval, license or permission required to operate your business at the Restaurant and sell the meal; and (ii) under Client’s control, as an agent but not an employee. For the sake of clarity, Client, through the services provided by Delivery Partners, is responsible for the delivery of meals and Client maintains possession, control and care of the meals at all times. inline will not be liable for any damage or loss incurred by the Delivery Partner or Client in relation to the delivery of the meals and will follow reasonable guidance you provide regarding the delivery of the meals. In addition to the terms and conditions provided and agreed by Client and Delivery Partners are stated at https://inline.app/dp-tandc.
- The Parties acknowledge and agree that Client shall be solely responsible for Delivery fees, the services provided by Delivery Partners through connection with inline applications including additional fees like Booking Fee, Tip, Cancellation Fee, Wait Time, Additional Stop Charge, Festive Surcharge, Toll Charge…etc. Client authorizes inline to (i) collect a Delivery Charge from Patrons and (ii) remit the applicable Delivery Fee to a Delivery Partner on Client’s behalf regardless of the differences between Delivery Charge and Delivery Fee.
- Client is responsible for costs related to reimbursement to Patrons in the event any such Patron(s) request a refund or any meal(s) including without limitation any costs associated with retrieving any such meals if applicable, for reasons that are considered by inline in its sole discretion as reasonable, for (i) request by the Patrons of refund or (ii) fraud claim is appealed and/or established. inline may deduct refunds from the payment made to Client under this Agreement.
- Client will be able to verify each order detail, including all fees, taxes, and payment processing status (authorized, captured, refunded, etc) through the Client’s Stripe account that is integrated with inline’s services. Clients will be able to see the total funds available in the Client’s account, and receive payouts through the Client’s Stripe account that is integrated with inline’s services.
- FEES AND PAYMENTS
- Online Credit Card Processing Fees
- Online credit card payments processing fees may apply to each transaction and the charges vary by card types. Client agrees the charges may be changed by the payment service provider and the fees will be borne by the Client. Transaction Payment Fees Takeout and Delivery orders that have been accepted by client and then refunded for any reason, including cancellation, customer care, loss, etc. shall be borne by Client, and deducted from payouts.
- Stripe Transaction Fee (per successful transaction):
- Visa / Master Card Domestic: 1.75% + $0.30 AUD
- Visa / Master Card International, in AUD currency: 2.9% + $0.30 AUD
- Visa / Master Card International, in Foreign currency: 4.9% + $0.30 AUD
- American Express, in AUD currency: 1.75% + $0.30 AUD
- American Express, in Foreign currency: 4.9% + $0.30 AUD
- Invoicing and Payouts
- Payouts will be made through Stripe by default in the Food Ordering, and payouts will be after 7 processing days into the Client’s Stripe account that is connected to the inline’s Stripe account.
- Payout amount will be reflected on the Client’s Stripe account at the end of the transaction day.
- Funds process will take up to 7 business days for the payout of the transactions to be deposited to the Client’s bank account.
- By entering into this Agreement, Client agrees to create and use a Stripe merchant account for receiving funds from Delivery orders transacted through the inline services.
- Itemized reports and invoices will be provided in electronic forms before every 10th for the last full month’s transactions.
- Payment Method
- Clients shall make payment in full of each issued invoice by no later than the end of the calendar month in which such invoice is provided. Unless otherwise specified by inline, all payments by Client thereto shall be made to the following account (for the avoidance of doubt, all transfer fees will be borne by Client, and shall be in addition to the amount otherwise payable to inline):
- Client agrees that Services relating to the receipt of advance deposits from customers will be provided by one or more third-party stored value providers designated by inline. Should Client opt to receive such Services, Client agrees to pay all fees as required by such third-party stored value providers directly thereto. Client further acknowledges that inline assumes no responsibility for the payment of the aforementioned fees, and that such fees are not included in any payments to inline as required herein. As of May 2020 the third-party stored value providers designated by inline include: Stripe Payments Singapore Pte. Ltd.
- Other fees applicable to the Stores will be included in invoices issued by inline, and will be in addition to those payable as described in your inline Subscription Order Form.
- If any payments are not timely made in accordance with Article 2.1, 2.2, or 2.3, inline may, in its sole discretion and without further notice to Client, engage one or more of the following: (a) immediately suspend the provision of the Services; (b) effect an immediate termination of this Agreement; (c) condition affecting any foregoing option upon Client’s timely payment within a specified time. If any suspension of services or termination of this Agreement is affected by inline pursuant to this Article 3.5, Client agrees to waive, to the maximum extent permitted by applicable law, any compensation and reimbursement to which it might otherwise be entitled from inline, regardless of for or in connection with any losses, liabilities, costs (including, without limitation, legal costs), charges, expenses, actions, proceedings, claims, or demands (collectively, “Losses”) arising therefrom.
- PROVISION OF SERVICES
- To use the Services, the Client shall establish an account (the “Account”) on the platform or system as instructed by inline. Client shall activate such Account to utilize the Services as instructed by inline, and shall commence such utilization on the date advised by inline (the “Start Date”). If Client fails to timely activate or utilize the Account pursuant to the foregoing, inline shall not be responsible for any losses arising therefrom or in connection therewith, and Client agrees that notwithstanding such delay, there will be no adjustment to the Term (or any amounts payable by Client), provided, however, that if such delay is due to factor(s) that could not have been reasonably foreseen by Client, or are outside the reasonable control of Client, the Parties shall select an alternative Start Date and adjust the Term accordingly. During the three (3)-day period immediately after the Start Date (such period non-inclusive of the Start Date) (the “Acceptance Period”), if the Client discovers any flaw or malfunction such that the Services cannot be reasonably provided as intended (each a “Flaw”), it shall promptly inform inline of the same. inline shall endeavor to remedy any such Flaw as soon as is practical and commercially possible, and if inline reasonably determines that such Flaw is not attributable to Client’s fault, the Parties shall select an alternative Start Date and adjust the term accordingly.
- If inline reasonably determines that a Flaw is attributable to the Client’s fault, inline will send a quotation of maintenance (“Maintenance Quotation”) to the Client setting forth the fees accessible to remedy such Flaw. Upon the Client’s acceptance of the Maintenance Quotation, inline shall commence remedying the Flaw in question accordingly.
- inline will provide a free consultation regarding day-to-day usage of the Services from Monday to Friday, 10 am to 6 pm, in time zone GMT+8. For such purpose, the Client may contact the relevant inline personnel via in-app support messaging system, or via email at firstname.lastname@example.org.
- inline shall endeavour to remedy any Flaw reported by Client during the Term as soon as practicable, but shall not be responsible for any failure to remedy or timely remedy due to factors that could not have been reasonably foreseen by inline, or are outside the reasonable control of inline. The Parties further agree that any Flaw attributable to inline’s business partners shall not be attributable to inline, and shall be deemed factors that could not have been reasonably foreseen by inline, or are outside the reasonable control of inline.
- In utilizing the Services (and any ancillary software, hardware, or platform), Client shall exercise the due care of a good administrator and comply with any instructions given by inline (whether in oral or written form, including but not limited to instruction manuals provided by inline). Client shall compensate inline for all Losses arising from or in connection with Client’s failure to comply with its foregoing obligations. In addition, Client fully understands and acknowledges that (i) the successful synchronization and copy of any cloud database involved in the Services requires Internet connection, and (ii) in utilizing the Services, Client is responsible for protecting its information and records to avoid accidental deletion, and inline shall not be responsible for any losses arising from or in connection with accidental deletion.
- The Parties acknowledge and agree that Client shall be solely responsible for any objections and conflicts arising from or in connection with disputes between Client and its customers concerning reservations/waitlisting processed via the Services (except where such conflicts are attributable to the fault of inline).
- The Parties acknowledge and agree that Client shall be solely responsible for any objections and conflicts arising from or in connection with disputes between Client and its customers concerning Takeout or Delivery order transactions processed via the Services (except where such conflicts are attributable to the fault of inline).
- The Parties acknowledge and agree that Client shall be solely responsible for any objections and conflicts arising from or in connection with disputes between Client and its customers concerning the provision and execution of Courier services for scheduling food pick ups, and/or Courier performance in delivering food and beverages to the Client’s customers.
- Both Parties agree on the authors, the owner of the right to apply for patents for, the patentee of, and the owner of any intellectual properties of any of the following shall be inline or parties designated by inline:
- Statistics and other information relating to the customer behavior of Client’s customers produced, organized, or gathered in connection with this Agreement (including but not limited to the statistics and information such as frequency of booking, frequency of orders, frequency of cancellation of orders of Client’s customers); and
- All codes, products, creations, publications, and works relating to the Services (including but not limited to patents, trademarks, copyrights, integrated circuit layout rights, inventions, utilities, designs, discoveries, ideas, concepts, software, technology, source code, object code, data, models, samples, machines, devices, mold, equipment, expertise, charts, documents, research, projects, process, formulas, flows, composition, or manuals, regardless of whether complete).
- The Parties further agree that inline or parties designated by inline may freely transfer, reproduce, authorize or dispose of any rights in the foregoing in any manner, without any prior notice to or consent of Client.
- Without a prior written consent by inline, Client shall not (a) copy, lend to others or deliver any server database, copy, derivative work or other related systems, software, or information delivered by inline in connection with the Services; or (b) arbitrarily copy, lend, reproduce, distribute, translate, reverse engineer, decompile, recompile, update, modify, or sell the same in any manner.
- Software related to the Services may not be used except as authorized by inline. inline has the right to at any time compel the Client’s return or deletion of any software, system, or information in connection with the Services.
- Client acknowledges that pursuant to the terms of this Agreement, Client is entitled to use any dining booking management system provided by inline strictly to the extent necessary for the Services; such use is not, and shall not be interpreted as, granting Client any rights to the source code thereof, or to any systems or information thereof not necessary for the Services.
- The Parties agree that inline shall not be responsible for unauthorized access or disclosure of Client’s customer information, except where the same is attributable to inline’s willful misconduct or gross negligence.
- The Parties agree and acknowledge that inline is the owner of any equipment leased or provided by inline to Client in furtherance of the Services (save for where such equipment has been expressly sold or transferred by inline to Client). Without the prior written consent of inline, the Client shall not dispose, disassemble, alter, enhance, or otherwise modify any such equipment.
- Client agrees to promptly notify inline of any information which comes to its attention from any source respecting (i) the infringement, imitation, illegal use or misuse of any of inline’s intellectual property rights, or any attempt of the foregoing, and (ii) the use of inline’s intellectual property rights which may infringe the trademarks, trade names, patents, designs or any other rights of third parties.
- For any Losses incurred by inline due to Client’s use of inline’s intellectual property in a manner other than instructed by inline, Client agrees to indemnify, defend, and hold harmless inline for all such Losses. In such event, Client further agrees to render, at Client’s own expense, all assistance requested by inline in its handling of any third-party claims or effecting of measures to remedy or abate the aforementioned Losses. If Losses incurred by Client is due to Client’s use of inline’s intellectual property pursuant to the Services, the Parties agree that inline’s sole liability shall be to indemnify, defend and hold harmless Client from and against all damages finally awarded against Client as the result of any claim that Client’s use of the Services pursuant to this Agreement and as instructed by inline infringes the trademarks, trade names, patents, designs or any other rights of third parties; provided, however, that (i) inline shall have the sole control of the defense of any such claim and all negotiations for its settlement and compromise (although Client may participate therein through counsel of its own choice and at its sole cost and expense) and (ii) Client shall cooperate fully with inline in connection with such claim as herein provided.
- To the extent such information does not constitute Confidential Information (as set forth in Article 6), Client agrees inline is entitled to disclose the information provided by Client (including without limitation Client’s contact information and its menu) on inline’s website or any third party designated by inline (including but not limited to third-party sites, such as Facebook), solely at its discretion.
- Client hereby agrees that inline and any other providers of the customer management systems used by Client, such as Point of Sale (POS) or any other Customer Relationship Management System (CRM), if any, may share Client’s customer information and/or data to each other through the API integration between inline and such providers for the purpose of facilitating the provision of their customer management services, including but not limited to the management services regarding management of store orders, customer reservations, in-store experiences, and consumption details, to the Client.
- Unless otherwise specified herein, each Party receiving information not generally known to the public (“Confidential Information”) from another Party (such receiving Party, the “Receiving Party”; the disclosing Party, the “Disclosing Party”) shall treat as confidential and proprietary the same, shall not use such Confidential Information except for in furtherance of the provision of the Services, and shall disclose Confidential Information only to the Receiving Party’s employees, agents, or subcontractors or the employees, agents, or subcontractors of its affiliates with a need to know solely for the purposes of this Agreement, and shall implement reasonable procedures to prohibit the disclosure, unauthorized duplication, misuse or removal of the Disclosing Party’s Confidential Information. Without limiting the foregoing, each Receiving Party shall use at least the same procedures and degree of care which it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of Confidential Information disclosed to it by the Disclosing Party under this Agreement. The Receiving Party shall be responsible, jointly and severally with its employees, agents, or subcontractors or the employees, agents, or subcontractors of its affiliates, for their compliance with the confidentiality obligations described herein. Notwithstanding the foregoing, information shall not be deemed Confidential Information if it: (i) was generally known and available at the times it was disclosed or becomes generally known and available through no fault of the Receiving Party; (ii) was known to the Receiving Party, without restriction, at the time of disclosure as shown by the files of the Receiving Party in existence at the time of disclosure; (iii)was independently developed by the Receiving Party without any use of or reference to the Confidential Information disclosed by a Disclosing Party; (iv) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement by the Receiving Party otherwise not in violation of the Disclosing Party’s rights, as shown by written records; or (v)is required to be disclosed by order or requirement of a court, administrative agency, or other governmental body; provided, that the Receiving Party required to make the disclosure shall, to the extent permitted under applicable law, provide prompt, advance notice thereof to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure.
- All Confidential Information shall remain the sole property of the Disclosing Party which originally disclosed such Confidential Information, and all materials containing any such Confidential Information (including all copies made by the Receiving Party) shall be returned to the Disclosing Party or be destroyed by the Receiving Party promptly after termination or expiration of this Agreement, or the Receiving Party’s determination that it no longer has a need for such Confidential Information or after receipt of written notice from the Disclosing Party.
- The Parties agree that any unauthorized use of any of the Confidential Information in violation of this Agreement disclosed by a Disclosing Party may cause such Disclosing Party irreparable injury for which it would have no adequate remedy at law. Accordingly, the Disclosing Party shall be entitled to seek immediate injunctive relief prohibiting any violation of this Agreement, in addition to any other rights and remedies available to such Disclosing Party, and Receiving Party further agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.
- COLLECTION OF PERSONAL INFORMATION
- The Parties agree that the collecting, processing, disposing, and retaining of the personal data arising during the course of this Agreement shall be conducted pursuant to any and all applicable laws, rules, and regulations. The Parties shall collect personal information to the extent necessary for specified purposes as contemplated hereunder.
- For any breach of a Party’s personal information collection obligations herein, such breaching Party shall hold the other Party harmless, and indemnify and defend such Party against, any and all claims arising from, and liabilities, damages, actions, judgments, costs, expenses (including, without limitation, attorneys’ fees), fines and penalties arising from or in connection with such breach. Such breaching Party further agrees to release the non-breaching Party from any and all claims, losses, expenses, damages, causes of action, liabilities and/or obligations incurred as a result of such breach.
- This Article 8 shall, to the maximum extent permitted by applicable law, survive the termination, expiration, nullification, voiding, or rescinding of this Agreement.
- FORCE MAJEURE
- As used herein, the term force majeure refers to earthquake, fire, flood or other casualty or due to strikes, riots, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties. Neither Party shall be liable for failure to perform under this Agreement in the event that performance is rendered impossible due to force majeure.
- Either Party may extend this Agreement in the event that the performance is rendered impossible due to force majeure; if the performance hereof is impossible or unnecessary, both Parties may terminate this Agreement on mutual negotiation.
- Unless otherwise agreed and specified in writing during a period when force majeure applies, both Parties shall continue to perform their respective obligations under this Agreement after such force majeure has ceased, provided that thereafter the transactions contemplated under this Agreement may continue as intended herein.
- A Party may terminate this Agreement immediately if the other Party in any jurisdiction takes any corporate action or any other steps are taken by such other Party, or legal proceedings are started by such other Party for its winding-up, dissolution, or reorganization or for the appointment of a liquidator, receiver, reorganizer, administrator, administrative receiver, conservator, custodian, trustee or similar officer of it or of any part or all of its assets (except for the purpose of a solvent reconstruction or amalgamation).
- Unless otherwise specified in this Agreement, if either Party breaches its obligations hereunder, the other Party may request such breach be remedied within seven (7) business days; if such breach is not so timely remedied, the requesting Party may terminate this Agreement immediately.
- Notwithstanding anything herein to the contrary, in the absence of gross negligence or wilful misconduct, inline’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort or otherwise, shall not exceed the total of the amounts paid to inline pursuant to this agreement. Neither inline nor its representatives shall be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of this agreement.
- Except as otherwise provided herein, either Party may terminate this Agreement with one (1) month prior written notice.
- An early termination fee of (2) months subscription fee shall apply if Client terminates inline’s service during the term of this Agreement.
- Upon the termination, expiration, nullification, voiding, or rescinding of this Agreement, Client shall return any equipment leased or provided by inline to Client in furtherance of the Services (save for where such equipment has been expressly sold or transferred by inline to Client).
- This agreement shall automatically renew for another one (1) year term unless one party provides written notice to the other of its intent to terminate this agreement no less than fourteen (14) days before the end of the then-current term.
- Article 2 shall survive the termination, expiration, nullification, voiding, or rescinding of this Agreement.
- If the Client has executed a contract amendment or a new contract that extends the term of their subscription to the Inline Services beyond the most recently executed contract, Article 9.8 shall remain in force. If the Client’s subscription has automatically renewed under the terms of Article 9.7 and has not been ratified by a new contract amendment or a new contract to extend the term, Article 9.8 will be waived.
- GOVERNING LAW AND DISPUTE RESOLUTION
- This Agreement shall be governed by and interpreted in accordance with the laws of Australia.
- Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Australia Center for International Commercial Arbitration (“ACICA”) in accordance with the Arbitration Rules of ACICA (“ACICA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Australia. The number of arbitrators shall be one (1). The language of the arbitration shall be English. However, the Parties agree that the foregoing agreement to arbitrate shall not be interpreted to prevent either Party from seeking appropriate equitable remedies with respect to any breach (or attempted or threatened breach) by the other Party of its obligations hereof.
- This Agreement may not be transferred or assigned by any Party without the prior written consent of the other Party. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter herein and supersedes all prior or contemporaneous disclosures, discussions, understandings, and agreements, whether oral or written, between them. Any amendments to this Agreement shall be valid only if made in writing and signed in agreement by all parties. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect under any law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives and there shall be two original copies of this Agreement, and each party shall retain one copy.
DIRECT DEBIT REQUEST SERVICE AGREEMENT
This is your Direct Debit Service Agreement with
INLINE APPS AUSTRALIA PTY LTD, ABN: 99 648 810 600.
It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider.
Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
- DEBITING YOUR ACCOUNT
- By signing a Direct Debit Request or by providing us with valid instructions, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
- We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice that specifies the amount payable by you to us and when it is due.
- If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
- AMENDMENTS BY US
- We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
- AMENDMENTS BY YOU
- You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 14 days notification by writing to:
inline Finance at email@example.com
Arranging it through your own financial institution, which is required to act promptly on your instructions.
- YOUR OBLIGATIONS
- It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
- If there are insufficient clear funds in your account to meet a debit payment:
- you may be charged a fee and/or interest by your financial institution;
- you may also incur fees or charges, $5.00 AUD, imposed or incurred by us; and
- you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
- You should check your account statement to verify the amounts debited from your account are correct.
- If you believe that there has been an error in debiting your account, you should notify us directly on:
and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
- If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
- If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
- Any notice will be deemed to have been received on the third banking day after posting.
- You should check
- with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
- your account details which you have provided to us are correct by checking them against a recent account statement;
- with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
- We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
- We will only disclose information that we have about you:
- to the extent specifically required by law; or
- for the purposes of this agreement (including disclosing information in connection with any query).
account means the account held at your financial institution which we are authorised to arrange debit funds.
agreement means this Direct Debit Request Service Agreement between you and us.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means the Direct Debit Request between us and you.
you means the customer who has signed or authorised by other means the Direct Debit Request (DDR).
us or we means INLINE APPS AUSTRALIA PTY LTD (ABN: 99 648 810 600), you have authorised with a Direct Debit Request.
your financial institution means the financial institution nominated on the DDR at which the account is maintained.