Terms of Use
The guidelines that govern how you use FikaPay's services.
The guidelines that govern how you use FikaPay's services. Our Terms of Use serve as the foundation for your experience on FikaPay, outlining the guidelines and responsibilities that govern your usage of our services.
We are FikaPay ("we", "us", or "our"). We operate fikapay.com (the "Site") along with any related products and services that refer or link to these legal terms (the "Legal Terms"). These Legal Terms form a binding agreement between you, whether personally or on behalf of an entity ("you"), and FikaPay concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms.
We will provide notice of scheduled changes to the Services you use. Modified Legal Terms become effective when posted or when we notify you via [email protected]. Continued use of the Services after the effective date of any changes signifies your acceptance of the modified terms.
We assert ownership of the intellectual property within our Services, including source code, databases, functionality, software, website designs, graphics, and associated service marks and logos. Any reproduction, distribution, or modification of these proprietary elements without our explicit permission is strictly prohibited.
Permission to reproduce or use any aspect of our intellectual property must be obtained through written consent. Unauthorized reproduction or use may result in legal action.
By using the Services you represent and warrant the following:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it when necessary.
- You have the legal capacity to agree to these Legal Terms.
- You will not access the Services through automated or non-human methods.
- You will not use the Services for illegal or unauthorized purposes.
- Your use of the Services will comply with all applicable laws and regulations.
If you provide any untrue, inaccurate, outdated, or incomplete information, we may suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
You are required to register to use the Services and are responsible for all activity that occurs under your account. We reserve the right to remove, reclaim, or change any user-generated data if we determine it is inappropriate, obscene, or otherwise objectionable in our sole discretion.
FikaPay enables you to make and receive payments through approved methods such as credit card, debit card, direct debit, or bank transfer. By adding a payment method to your account, you authorize FikaPay and its payment partners to process transactions in accordance with these Terms.
- Funds are processed through our payment partners and may take up to three (3) business days to settle, depending on the payment method and financial institution.
- All payments are denominated in Australian dollars (AUD) unless otherwise stated.
- FikaPay is not responsible for delays caused by banking networks, payment processors, or clearing systems.
- Fees for using FikaPay Services are listed in your account, on the dashboard, or in any applicable Product Schedule.
- Unless stated otherwise, all fees exclude GST. If GST applies, it will be added at the prevailing rate and you agree to pay it.
- FikaPay may change its fees or introduce new charges with at least 30 days’ written notice. Continued use after that notice constitutes acceptance of the new fees.
- If you use FikaPay to receive payments, you are solely responsible for sales, refunds, chargebacks, and compliance with applicable consumer protection, privacy, and financial services laws.
- You acknowledge that you are the merchant of record for all transactions you initiate or receive through FikaPay.
- FikaPay may withhold fees, refunds, chargebacks, or adjustments from funds held on your behalf or from subsequent settlements.
- If a payment fails or is reversed, FikaPay may re-attempt the charge, offset the failed amount against future settlements, or suspend access until payment is made.
- You remain liable for all unpaid amounts and associated recovery costs.
- Refunds are subject to your own refund policy and applicable law. FikaPay does not issue refunds on your behalf.
- If a customer disputes a payment, you authorize FikaPay to share relevant transaction data with the payment processor, card network, or financial institution to resolve the dispute.
- You are responsible for any chargeback fees or losses arising from disputed transactions.
- You are responsible for determining and remitting any taxes, duties, or levies applicable to your use of FikaPay Services or your transactions.
- If any amount payable under these Terms is subject to GST, the payer must pay the GST alongside the underlying amount.
- Each party agrees to provide valid tax invoices compliant with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) when required.
- FikaPay facilitates payments only and is not a bank or deposit-taking institution.
- To the maximum extent permitted by law, FikaPay is not liable for losses arising from delays, declined transactions, system outages, unauthorized use, or indirect damages such as lost profits or goodwill.
- FikaPay’s aggregate liability related to payment processing is capped at the total fees you paid in the preceding three (3) months.
You may not access or use the Services other than for the purposes we make them available, nor engage in any commercial endeavor without our approval.
- Systematically retrieve data or other content to build compilations or directories without written permission.
- Circumvent or interfere with security features.
- Disparage or harm us or the Services.
- Misuse support services.
- Violate applicable laws.
- Remove copyright or proprietary notices.
- Impersonate another user.
- Disrupt networks or overwhelm the Services.
- Bypass access restrictions.
- Copy or adapt our software.
- Use the Services to compete with us or for unauthorized commercial use.
- Sell, share, or transfer your profile.
- Monitor the Services for violations.
- Take legal action against anyone who violates the law or these Legal Terms, including reporting to law enforcement.
- Refuse, restrict, limit, or disable contributions that threaten system integrity.
- Remove files or content that are excessive or burdensome.
- Manage the Services to protect our rights and support proper functioning.
We respect the intellectual property rights of others. If you believe any material on or through the Services infringes on your copyright, notify us immediately using the contact details below.
These Legal Terms remain in effect while you use the Services. We may deny access or terminate your account for any reason, without warning. You are prohibited from creating new accounts under your name, someone else's name, or on behalf of a third party after termination. We may seek civil, criminal, or injunctive relief for breaches.
All names, logos, service marks, trade names, and branding elements, including FikaPay and related product or service names (the "Marks"), are our property. You may not use any Marks without prior written permission. Unauthorized use may violate intellectual property laws and goodwill generated belongs exclusively to FikaPay.
We cannot guarantee uninterrupted availability. Occasional interruptions, delays, or errors may occur due to hardware, software, or maintenance issues. We may modify, suspend, or discontinue the Services at any time without prior notice. FikaPay is not liable for any loss, damage, or inconvenience resulting from unavailable access, including uptime loss or consequential damages.
Content on this site is provided "as is". We make no warranties about accuracy or suitability. Your use of this information is at your own risk, and we are not liable for indirect, special, incidental, punitive, or consequential damages, including loss of data or profits.
We may update this disclaimer periodically for operational, legal, or regulatory reasons and encourage you to review it regularly.
To the maximum extent permitted by law, we disclaim warranties and will not be liable for indirect, incidental, or consequential damages. You agree to indemnify and hold FikaPay harmless against claims arising from your Services use or breach of these Terms.
Information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct and update information without prior notice.
Any dispute will first be attempted to be resolved through direct contact with our support team. If unresolved, disputes are governed by the laws of Queensland, Australia, and subject to the exclusive jurisdiction of Queensland courts.
We retain certain data you transmit to manage performance, as well as data related to your use of the Services. While we perform routine backups, you are solely responsible for your data. You waive any claim against us for loss or corruption of that data.
We handle your data with care. In case of loss, destruction, or damage, we will promptly notify you. Ownership remains with you, and upon termination we will assist in returning or extracting your data as specified. We maintain robust safeguards to protect your data.
For more details, refer to our Privacy Policy.
By using the Services, sending emails, or submitting online forms, you agree to receive electronic communications. Electronic agreements, notices, disclosures, and other communications we send you satisfy any legal requirement for written communication.
If FikaPay is involved in a merger, acquisition, restructuring, or sale of assets, we may transfer your information and contractual rights to the new entity. We will ensure the receiving entity handles your information in accordance with these Terms and our Privacy Policy.
We prioritize protecting your personal information and maintaining privacy standards. Our Privacy Policy explains how we collect, use, and disclose personal information. For a full understanding of your rights, please refer to the Privacy Policy.
Both parties agree to keep all non-public information confidential. User data remains your property; we process it only as described in the Privacy Policy. FikaPay may aggregate or anonymise data to improve the Services.
We may amend these Terms by providing 30 days’ notice via email or our website. Continued use after that notice period constitutes acceptance of the updated Terms.
To resolve complaints or request further information about your use of the Services, email us at [email protected].