Quicka Terms and Conditions

Terms of Service - Australia

LAST UPDATE: 1 July 2019

HIGHLIGHTS:

Quicka allows you (an individual or business) to pay for invoices over 4 equal instalments due every 2 weeks.

You must be over 18 years old as an individual or if a business hold an active registered ABN and or ACN and be an authorised debit card and or bank account holder (see clause 2.4 for eligibility criteria).

All pay later payments are subject to Quicka’s approval – for example, if you have any overdue payments, Quicka will not be available to you or your business. For more information on assessment and checks, see clause 6.2

To enable pay later, individuals and businesses will be subject to a one-time $5 sign-up fee payable on the first instalment.

As part of our approval process, we may also conduct a pre-authorisation on your nominated card or bank account, up to an amount of your first instalment - see clause 6.2(f)

You can make repayments to Quicka any time BEFORE the due date. Otherwise, Quicka will automatically try process payments on the scheduled dates from your card or bank account. If a payment is not processed on or before the due date, late fees will apply – initial $10 late fee for a consumer and or business, and a further $10 for individual and or business if the payment remains unpaid 7 days after the due date.

For each invoice below $250, a maximum of one $10 late fee may be applied per invoice balance for both individuals and or businesses.

For each invoice between $251 - $500, a maximum of 25% late fee may be applied per invoice balance for individual and or business.

For each invoice of $501 or above, the total of the late fees that may be applied are capped at 25% of the original invoice value for individual and or business. See Schedule 1.

If you won’t be able to pay us on time, please contact us as soon as possible.

The quality of services rendered are the sole responsibility of the service provider with whom you received the invoice from.

IMPORTANT INFORMATION REGARDING CARD AND ACCOUNT PRE-AUTHORISATIONS:

As part of our approval process and our assessment as to whether or not you or your business have the capability to fulfil your obligation to make future payments to Quicka according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an invoice payment, or add a new Card to your Quicka Account. For additional invoice payments, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Quicka during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available.

PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorisation transaction within a few hours of the pre-authorisation transaction being conducted by Quicka. However, in some observed instances, banks have taken up to fourteen (14) days to finalise this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalise this process and Quicka makes no representations on this subject matter.


Please read this Agreement carefully. By clicking to accept these terms and using Quicka’s Products, you agree to be bound by (i) this Agreement; and (ii) Quicka’s Privacy Policy which can be found here. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Quicka’s Privacy Policy for your records.

1. Welcome to our Website

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Quicka Pty Ltd ACN 634 811 671 (‘Quicka’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement. If you do not want to be bound by this Agreement, you must not pay for additional invoices using Quicka Products.

1.2 Policies incorporated into this Agreement

Before you create an account with us or use any of our Products, you should read this Agreement, as well as Quicka’s Privacy Policy and any other policy found on our Website, which are incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records. To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

1.3 Changes to this Agreement

(a) Quicka may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you pay for an invoice using Quicka you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to our terms when paying for an invoice using Quicka. If you do not agree with the changes, you may close your Quicka Account in accordance with clause 3.4.

(b) We will not change any terms and conditions for an existing invoice payment that has been accepted by us; the terms and conditions that will apply to an accepted invoice (and any steps taken in relation to such invoice, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you accepted the invoice.

2. Our relationship

2.1 About us

(a) Our Products allow you to pay for services rendered by Quicka approved Service Providers in a jurisdiction permitted by Quicka.

(b) By accepting work from a Quicka Service Provider and by selecting to use our Products, you provide us with unconditional and irrevocable consent and direction to pay the approved Service Provider on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Service Provider) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) You acknowledge that we do not have any control over, and are not responsible or liable for, the services rendered from such Service Provider and paid for with our Products.

(d) Quicka does not:

(i) Enter into a partnership, joint venture, agency or employment relationship with you;

(ii) Guarantee the identity of any Service Provider;

(iii) Determine if you are liable for any taxes; or

(iv) Collect or pay any taxes on your behalf that may arise from your use of our Products.

2.2 Your Consumer Rights

As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:

(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage, be fit for the purpose or give the results that you and the business had agreed to, and be delivered within a reasonable time when there is no agreed end date. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and

(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.

Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

2.3 No warranty

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.

(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of such invoice payments for services rendered or goods purchased.

2.4 Your eligibility

(a) To be eligible to use our Products as an individual you must:

(i) be an individual who is at least 18 years old;

(ii) be capable of entering into a legally binding contract;

(iii) have a valid and verifiable email address and Australian mobile telephone number;

(iv) provide a valid residential address in Australia;

(v) have access to a Payment Method, for example by being the holder of a Card or valid bank account; and

(vi) in connection with your use of your Quicka Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Quicka Account.

(b) To be eligible to use our Products as a business you must:

(i) hold an active registered ABN and or ACN;

(ii) be a registered director of the business;

(iii) have a valid and verifiable business email address and Australian telephone number;

(iv) provide a valid business address in Australia;

(v) have access to a Payment Method, for example by being the holder of a Card and or bank account owned by the business; and

(vi) in connection with your use of your Quicka Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Quicka Account.

(c) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

2.5 Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.

3. Your Quicka Account

3.1 Creating your Quicka Account

(a) We will create your Quicka Account when you sign up to use our play later service for an invoice issued by a Quicka Service Provider for services rendered or goods purchased. You may also create your Quicka Account by visiting the Quicka Website at www.quicka.co.

(b) Once your Quicka Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Quicka Account, using your secure password, through our Website www.quicka.co.

(c) You are responsible for maintaining the security of your Quicka Account details. We will not take responsibility for unauthorised access and use of your Quicka Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) You acknowledge and agree that if you or your business accepts an invoice issued by a Quicka Service Provider by using your Quicka Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:

(i) we are or at any time become aware of that or the use of your Quicka Account not being authorised by you;

(ii) there is a dispute, breach, defect or other issue in relation to the services rendered or goods sold, subject to the contract or any other agreement between that person and or business and the Service Provider; or

(iii) any rights or claims that we or the Service Provider may have against that person and or business.

except to the extent any use of your Quicka Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement.

3.2 Your obligations to us as a holder of a Quicka Account

By holding an Quicka Account with us, you agree that you must:

(a) Pay any applicable Fees associated with your use of our Products and your Quicka Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal and or business details or by using an alias or false identity, even with the consent of the person and or business whose identity you are using or seek to establish a fake, untraceable or unverifiable Quicka Account);

(c) Ensure any information about you and or your business, including your contact details, is true, current and complete. If your information changes, you must update it through your Quicka Account via our Website www.quicka.co;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Quicka Account or our Products for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Quicka Account;

(g) Be aware of and pay any taxes that may apply to your use of our Products;

(h) Not permit others to use your Quicka Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products;

(j) Immediately contact us if you believe that your Quicka Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Service Providers;

(l) Authorise us to disclose Card-related or bank account related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one Quicka Account as an individual and or business.

3.3 Closing your Quicka Account

(a) You may request to close your Quicka Account by contacting us directly. You may only request to close your Quicka Account if:

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) You may not close your Quicka Account to evade investigations of any nature.

(c) We may close your Quicka Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any invoices payable for services rendered prior to such closure until all amounts owing are received in full (including any Late Fees).

(d) Except as otherwise stated, this Agreement will be terminated once your Quicka Account is closed. However, you will remain liable for all outstanding obligations related to the Quicka Account even after it has been closed.

(e) We may immediately limit your access to our Products or suspend or close your Quicka Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d);

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Quicka Account or our Products in breach of this Agreement); or

(iv) we otherwise reasonably consider the activity associated with the Quicka Account to be suspicious.

(f) We will use our best efforts to provide written notice to you before closing your Quicka Account, in the circumstances described in clause 3.4(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Quicka Account in accordance with clause 3.4(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Quicka.

(g) Despite clause 5(f), where your Quicka Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until:

(i) all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after services rendered whichever is sooner. After that time, the Service Provider will be solely responsible for processing all associated refunds.

4. Services rendered or goods sold, payments and billing

4.1 Order Confirmation and Payment Schedule

(a) All invoices payable through Quicka are subject to approval by Quicka, in our reasonable discretion. We may choose not to approve an invoice payable or provide a Product to you, or may cancel an approved invoice payable, if:

(i) we reasonably consider this necessary in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an invoice payable is made with a merchant in a different jurisdiction that is not permitted by Quicka; or

(v) we otherwise reasonably consider the invoice payable to be suspicious.

(b) If we cancel an approved invoice payable:

(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card or bank account that you have provided us details of, and will cancel any future payments related to that invoice payable. In the event the approved invoice payable is cancelled because a chargeback has been incurred by Quicka in relation to a payment for the approved invoice payable, that payment will not be refunded by Quicka. Any return of funds in that event will be as between you and your issuing bank.

(c) Once we approve your invoice payable, you will receive an email from us with confirmation of receipt of your invoice payable and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Quicka Account, otherwise Quicka will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Quicka to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Quicka reserves the right to re-attempt to process the payment at a later time or date.

4.2 Automatic Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card and or direct debit your nominated bank account (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Quicka Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Quicka Account or by sending an email to accounts@quicka.co.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Quicka to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.

(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:

(i) Debiting your Nominated Payment Source at a later time or date;

(ii) Debiting any other Card or bank account which you have provided details of;

(iii) Offsetting the payment amount against any amounts we may owe to you; or

(iv) Any other legal means.

Please see clause 4.3 below for more information regarding Late Fees.

Where paying via Direct Debit, our Direct Debit Request Service Agreement is as follows:

- INITIAL TERMS: Quicka’ (via its selected payment provider Split Payments Pty Ltd https://www.splitpayments.com.au/ddrsa/) will direct debit (https://www.splitpayments.com.au/ddr/

) your nominated account for the amount(s) as agreed between you and Quicka as authorised and accepted by you upon accepting our pay later terms of service. The first direct debit will occur immediately upon accepting our terms of use and upon linking your nominated bank account and repeat each fortnight or every14 days until the invoice is paid in full.

- CHANGE OF TERMS: Terms may not be changed unless mutually agreed by you and Quicka.

- DEFERRING OR STOPPING A PAYMENT: Should you wish to defer an agreed payment to another date you must contact Quicka before the due date of that payment to request the deferment. Deferments are entirely at the discretion of Quicka.

- ALTERING THE SCHEDULE: If you are on a scheduled Direct Debit payment play for an invoice payable and you wish to alter the payment frequency or Day to Debit you must contact Quicka.

- CANCELLING THE PAYMENTS: Should you wish to cancel this Direct Debit Request Authority you may do so at anytime, however your account must be paid in full prior upon doing so. Cancellation of the authority to debit your account will not terminate your contract or remove your liability to make the payments you have agreed to with Quicka.

- DISPUTES: If you have a dispute regarding any Direct Debit payment, you must contact Quicka immediately.

- BUSINESS DAYS: When the day to debit falls on a weekend or public holiday the Direct Debit will be initiated on the next working day.

- DISHONOURED PAYMENTS: It is your responsibility to ensure that on the due date cleared funds are available in your nominated account to meet the Direct Debit payment plan. Should your payment be dishonoured, you authorise Quicka to debit your account when clear funds become available in your nominated bank account.

- YOUR OTHER RESPONSIBILITIES: In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Quicka with a new account number which can accept direct debits.

4.3 Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.

(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Quicka’s error, please let us know, and we will waive or refund such fees, as relevant.

4.4 Fees

(a) To access our pay later product, there is a one-time $5 account set up fee that will be added to the first instalment set out in Schedule 1 to this Agreement.

4.5 Interest

(a) No interest charges are payable by you for the use of our Products.

4.7 No set off

Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

5. Refunds

(a) If you wish to request a refund for services rendered or goods sold, which have been paid for using our Products, and refund are otherwise accepted by the Service Provider or permitted by law, you will directly arrange a refund with the Service Provider, according to the Service Provider’s refund policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Service Provider if you would like to request a refund. The refund must be completed within the period specified and in the manner required by the Service Provider’s refund policy or as otherwise permitted by the Service Provider.

(c) Unless we are notified by a Service Provider that a refund request is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.

(d) Until such time that the Service Provider has issued a refund to us for the services rendered, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Service Provider has issued a refund to us for the invoice payable, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card or bank account that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled debit card and or closed bank account, you will need to obtain the returned funds by contacting your financial institution.

For example, if select to pay a $1,000 invoice payable using Quicka and the Service Provider approves a $400 refund, we will cancel your 3rd and 4th instalments of $250, and amend your 2nd instalment to $200. Your new payment schedule will become 2 payments (instead of 4) of $175 & $175.

(f) Where you wish to request a refund 120 days or more after the invoice payable date, we will no longer have any involvement in the refund process (i.e. the Service Provider will provide any agreed refund directly to you).

6. Assessment and checks

6.1 Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each invoice payable request in accordance with clause 4.1.

6.2 Repayment capability and identity checks

(a) We reserve the right to verify your identity and the nature of your business, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity and the nature of your business does not mean we will approve your pay later request (see clause 4.1(a) for other variables that are considered).

(b) You agree to provide any information or documentation reasonably requested by Quicka or a Service Provider to verify your identity in connection with your Quicka Account and request for pay late flexibility.

(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Quicka invoices payable. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.

(d) All information that Quicka collects about you, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Quicka Privacy Policy.

(e) You authorise Quicka (or any third parties providing services on behalf of Quicka) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Quicka Account. In addition, you acknowledge that Quicka reserves the right to report any negative activity on your Quicka Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.

(f) As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make payments to Quicka according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you chose to pay an invoice through Quicka or add a new Card or bank account to your Quicka Account.

(g) We cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction and our voiding of that transaction.

7. Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Quicka. The information on our Website is for information purposes only and is subject to change without notice.

(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

8. Complaints and disputes

8.1 Disputes between you and a Service Provider

(a) If you have a dispute with a Service Provider, you should file a dispute through direct contact with the Service Provider.

(b) Whilst Quicka will endeavour to facilitate communication between you and the Service Provider to enable a resolution to all disputes, the outcome of your disputes with Service Providers will not affect Quicka’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

8.2 Disputes between you and us

(a) We aim to:

(i) Acknowledge receipt of all complaints within 7 business days; and

(ii) Resolve all complaints within 21 days.

(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.

Email: hello@quicka.co

Mail: Level 8, 11 York St, Sydney NSW 2000 Australia

(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

(d) Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.

Email: info@afca.org.au

Website: www.afca.org.au

Phone: 1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority

GPO Box 3, Melbourne VIC 3001

9. Notices and Communications

9.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Quicka Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Quicka Account; or

(ii) sending it to you via other electronic methods of communication using contact details listed on your Quicka Account (including text messages).

(d) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.

(e) You consent to us using the contact details you have provided to us to:

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or

(ii) contact you in relation to your Quicka Account and/or our Products.

(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Quicka’s own protection. Quicka does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

9.2 How you can communicate with us

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by mail to:

Quicka, Level 8, 11 York St, Sydney NSW 2000 Australia

(b) Other communications

If you wish to contact us for any other reason, you can do so on the details below:

Email: hello@quicka.co

Mail: Level 8, 11 York St, Sydney NSW 2000 Australia

10. General

10.1 Limitation of Liability

(a) To the full extent permitted by law, and subject to clause 2.2:

(i) Quicka’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any invoices payable, including any payments and Late Fees;

(ii) Except for claims arising in respect of clause 10.5, your liability for all claims arising under or related in any way to this Agreement no matter how arising (including the indemnity in clause 10.4), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any invoices payable, including any payments and Late Fees; and

(ii) Neither party (including in relation to Quicka, its related bodies corporate, or any third party providing services on behalf of Quicka), will be liable for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.

(b) Quicka and its related bodies corporate, or any third party providing services on behalf of Quicka, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your services rendered from a Service Provider, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.3(a) above). You acknowledge that any consumer-related claims you may have in respect of the services rendered from a Service Provider will be a matter between you and the Service Provider, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Service Provider.

(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.

(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.

10.4 Indemnification

(a) You are responsible to Quicka and any related companies of Quicka to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred:

(i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and

(ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.4(a) gives a non-party rights, Quicka contracts as trustee of the rights given under that clause.

(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Quicka, its contractors or agents:

(i) caused or contributed to the relevant claim, demand, loss or damage; or

(ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.


10.5 Breach relating to misuse of the Products

(a) You acknowledge that it is imperative that Quicka be able to rely on:

(i) the information you provide to us;

(ii) the identity that you use; and

(iii) that your use of your Quicka Account and our Products be for the intended purpose.

(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Quicka and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Quicka or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.

(c) If Quicka reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Quicka Account and our Products, you agree, on request from Quicka, to provide Quicka with copies of all documents, notes or communications in relation to such alleged breach.

(d) This clause 10.5 survives termination of this Agreement.

DEFINITIONS

Quicka, we, us or our means Quicka Pty Ltd ACN 634 811 671, and can include a Quicka affiliate.

Quicka Account means an account that Quicka creates to uniquely identify you and to enable you to use our Products.

Quicka Affiliate means a related body corporate or related entity of Quicka, including one in another jurisdiction.

Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.

Card means any Australian card issued by Visa or MasterCard, excluding Gift Cards and other pre-paid cards.

Bank account means any bank account that is held beneficially in the name of an individual or business.

Consequential Loss means any loss, damage or costs incurred that is:

(i) indirect or consequential; and

(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Quicka directly in respect of this Agreement.

Consumer Rights has the meaning given in clause 2.2.

Fees means any fees charged by us, as described in this Agreement, including Late Fees.

Late Fees mean the fees set out in Schedule 1.

Nominated Payment Source has the meaning given in clause 4.2(a).


Invoice payable means a request submitted by you to us, to use a Quicka Product to pay for services or goods offered by a Service Provider.

Payment amount means the total cost of your invoice at the time it is approved by Quicka (before any refunds may be applied).

Payment Method means any payment method accepted by Quicka from time to time.

DDR means direct debit request where Quicka will direct debit your nominated account as per our pay later agreement (https://www.splitpayments.com.au/ddr/).

DDSRA means direct debit service request authorisation to give Quicka access to direct debit your nominated account using our payment provider Split Payments Pty Ltd (https://www.splitpayments.com.au/ddrsa/).

Payment Schedule means, in relation to an invoice payable, a list of payment amounts that Quicka is entitled to receive from you, and the relevant due dates of each payment.

Products mean the payment products and associated services offered by Quicka from time to time.

Service Provider means an approved Quicka business with which Quicka or a Quicka Affiliate has a merchant agreement and whose services may be paid for by you using our Products.

Website means www.quicka.co, www.payquicka.com, www.quickapay.com and any other website operated by Quicka, including the Quicka Web and Mobile App.

You (or Your) means the person or business identified when a Quicka Account is created. If:

(a) such person or business entity does not exist, or

(b) the name or details are used by someone or some business who is not in fact that person or not a registered business entity, or

(c) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person or individual and or business who clicks to accept these terms.

SCHEDULE 1

Sign-up Fee: To enable pay later, individuals and businesses will be subject to a one-time $5 sign-up fee payable on the first instalment.

Late Fee: $10 Late Fee if a payment is due from you but not received by Quicka in accordance with the Payment Schedule, with a further $10 Late Fee added seven days after the payment is due if the payment is still unpaid.

Quicka’s Late Fee Schedule:

(a) For each invoice payable with an Original Invoice Value below $250 - a maximum of one $10 Late Fee may be applied;

(b) For each invoice payable with an Original Invoice Value between $251 and $500 (inclusive) - the aggregate sum of the Late Fees applied in relation to the invoice payable will not exceed 25% of the invoice value; and

(c) For each invoice payable with an Original Invoice Value above $501 – a maximum of 25% of Late Fees may be applied.

Please note: there are no partial Late Fees, so all applied Late Fees are either $10 or 25% of the invoice value subject to the caps above.