Terms and Conditions

Introduction

The WEX Bill Payment Service (the “Portal”) enables WEX customers to use their Motorpass Card to pay a wide range of business-related bills through a convenient online portal.

WEX Australia Pty Ltd (“WEX”) provides the Motorpass Card and related payment services to businesses across Australia.

Sniip Ltd (“Sniip”) provides the technology platform that supports the WEX Bill Payment Service.

The Portal is jointly delivered by WEX Australia Pty Ltd and Sniip Ltd – together, the Payment Service Provider (the “PSP”). Various features of the Service, including payment processing, customer support, fraud protection, and biller verification may be provided by either WEX or Sniip.

By using the Service, you acknowledge and agree that these functions may be performed by either party in operating the Portal, depending on what is most efficient or appropriate. Regardless of who provides each function, your experience with the Service remains secure and compliant with relevant regulations.

Key Terms

Fees apply to your use of the Portal. This includes the following processing fees for each payment made using the Portal:

Motorpass Card

1.75% + GST (1.93%)

The PSP is not responsible for any services or products of a Biller or any errors on a bill provided by a Biller to you. You indemnify the PSP in connection with your use of the Portal.
When making a payment via the Portal, you authorise the PSP to pay your Bill using your Motorpass Account.

You must register within the Portal, with your legal name, that matches your government issued photographic identification.

You must register within the Portal using a valid Australian mobile number and must be able to be called by the PSP on that number in the case of verification, refunds from billers or errors with payments. If you do not register with a legitimate phone number, the PSP has the right to withhold or quarantine your bill payments, until you have verified your mobile number.
You must hold a current Motorpass Account and be authorised to use that account, be over 18 years of age and an Australian resident or residing in Australia to use the Portal.
You need to ensure that the payment method details that you provide are correct and that you are authorised to use the payment method that you connect to the Portal. The Portal may only be used to pay business-related expenses in accordance with your Motorpass Card Terms. The PSP may suspend or terminate your use of the Portal if it considers on reasonable grounds that it is being used to pay personal or domestic expenses or in a manner that is inconsistent with your Motorpass Card Terms .
You must maintain the security of your account and Device and confidentiality of your password. You acknowledge and agree that you are solely responsible for all transactions via the Portal. You must notify the PSP immediately of any unauthorised transactions through the Portal or loss or theft of your Device. Failure to do so may incur additional liability.
Unless your payment is a mistake, unauthorised or fraudulent, payments via the Portal are irrevocable. Any dispute must be resolved with the PSP or the Biller.
You need to provide the PSP with information we may ask for, including for the purposes of Anti-Money Laundering (AML) laws and Know Your Customer (KYC) requirements, any other applicable law or regulation and the requirements of our service providers. The PSP may suspend or terminate your access to the Portal in line with the Terms below.
You may be required to provide government issued photo identification to verify your account prior to us processing a payment or, before you can make or continue to make payments on the Portal.
The PSP is not liable for any penalties, charges, expenses, late fees or interest fees incurred by you through late payments made via the Portal.

Part A: The Portal

1. Overview and User Acceptance

1.1 Contract

These terms and conditions are a contract between you and WEX Australia Pty Ltd ACN 005 970 570 and Sniip Ltd ACN 161 862 068 (the PSP, we, us or our) and applies to your use of the Portal.

Use of the Portal is at your own risk and the terms under which you access the Portal are set out in this document (Terms of Use or Terms). Your access to, and use of, the Portal is conditional upon compliance with, and acceptance of, the Terms, so please read these carefully. By using the Portal you acknowledge that you have read and fully understood, agree with, and accept all of the terms and conditions in these Terms.

1.2 ePayments Code

Sniip is a subscriber to the ePayments Code found at https://asic.gov.au/regulatory-resources/financial-services/epayments-code/ . Sniip warrants that it will comply with the ePayments Code. If you feel that we have breached the ePayments Code in any way, you are entitled to make a complaint to us in accordance with the dispute resolution provision of these Terms.

1.3 Amendments

We may update these Terms from time to time and your use of the Portal will be governed by the most recent Terms available at https://wex-explore.sniip.com/terms-and-conditions-1/. We will notify you if we make any changes to the Terms before those changes take effect. We will give you not less than 30 days’ notice unless a shorter period is required to comply with laws if we make any of the following changes to the Terms:

(i) imposing or increasing fees or charges;

(ii) changes which we reasonably consider will benefit you, are neutral to you, or are not materially adverse to you; or

(iii) changes that are administrative or minor, or correct a mistake or omission; or

(iv) changes required to be made to comply with any law or guidance or requirements of a regulator or our insurer(s).

Your continued use of the Portal following any changes to these Terms confirms your acceptance of any changes to these Terms. The Portal is currently made available to you free of charge, but there are fees payable when you pay a bill via the Portal. We reserve the right to amend or withdraw the Portal, cease support or charge for the Portal or service provided to you at any time and for any reason.

1.4 Changes to Terms and Conditions

All provisions of the Terms which by their nature should survive termination shall survive termination, including intellectual property provisions, liability provisions, warranty and indemnity provisions.

We may, in our sole and absolute discretion, delay, block or refuse to process or settle any transaction without incurring any liability if we reasonably suspect that you have not complied with these Terms, applicable law or our policies (including in relation to the fair use of our services). Where we do so, we may, at our sole and absolute discretion, refund any monies received by us in connection with the transaction or hold and quarantine such monies while we determine whether to process the transaction, refund the monies or take other action.

If we limit or close your account or terminate use of the Portal for any reason, you may contact us and request restoration of access, if appropriate. However, if we deem that you have violated these Terms, applicable law or our policies in relation to the fair use of the Portal or the Sniip services, restoration of access is at our sole discretion.

1.5 Financial Advice

The PSP does not provide any financial advice in connection with the Portal or its use.

2. Responsibilities

2.1 Registration

When registered on the Portal, you represent and warrant that you are able to form a binding contract with the PSP and that you have the authority to enter into, and the capacity to be bound by, these Terms, and that all information you have provided is true, accurate and complete.

You must ensure that your registration details on the Portal are true and correct at all times. Upon use of the Portal, you are responsible for ensuring that the Portal is used in accordance with the Terms of Use and any instructions we provide in relation to the Portal. We are not liable for the Portal or to provide any services or support in respect of your use of the Portal, except as expressly stated in the Terms. You must ensure that your access to, and use of the Portal is not prohibited by laws that apply to you.

2.2 Identity Verification

You must sign up to the Portal with the legal name as detailed on your Motorpass Account. You hereby authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/mobile telephone number, or Motorpass Cards, and verifying your information against third party databases or through other sources. You must provide us with all information which we request from you and must provide full cooperation in our attempts to confirm and verify your identity. Please refer to our Privacy Policy, which sets out how we use and store your personal information. Any of your information we provide to one of our partners may be held and used in accordance with that relevant partner’s privacy policy.

2.3 Eligibility

You must hold a Motorpass Account to use the Portal.

In order to use the Portal, you will need an eligible Device and the PSP recommends that you keep your Device updated with the latest operating system and security software as released by the Device or system operator. The PSP will not be liable if the Portal cannot function, or cannot function properly, due to an out-of-date operating system or security features.

2.4 Spend Limits

You will be responsible for all costs (if any) associated with charges related to exceeding any daily or other spend limit applicable to your Motorpass Account or as set by a Biller. You should also note that your payment may be rejected and thus not processed if you exceed any applicable daily or other spend limit.

2.5 Use

You agree that you may not use the Portal in any way that is, or for purposes that are, prohibited under these Terms, the Motorpass Card Terms, or any law in force in your jurisdiction. You also agree not to engage in any activity that interferes with, or disrupts the servers and networks relating to the Portal. You must not work around any technical limitations in the Portal, or attempt to run the Portal on an unsupported platform.

2.6 Protecting against unauthorised use

You are responsible for maintaining the confidentiality of your password for all accounts used by you to access the Portal. You acknowledge and agree that you are solely responsible for all activities that occur under all such accounts and for the security of your passwords and Device.

3. Payment Connectivity

3.1 Payment Details

It is your responsibility to ensure that the Motorpass Card details that you provide are correct and you warrant that you are authorised to use Motorpass Cards that you connect to the Portal. You may be required to verify any accounts, or Motorpass Cards which you attempt to link to the Portal. Failure to complete such verification, as we reasonably require, entitles us to terminate or suspend your access to the Portal.

3.2 Biller Terms and Conditions

When you instruct us to pay a Biller via the Portal, all payments to that Biller are done pursuant to the contract or commercial arrangements between yourself and the Biller. The PSP has not approved or screened any products, services or bills provided by any Biller and is not responsible for any services, products, or errors on a bill provided by a Biller to you.

3.3 Processing

All due dates are set for the end of the day in the Biller’s time zone (eg DD MM YYYY, 23:59).

3.4 Receipts

We will provide you with an electronic receipt for each payment you instruct us to make to a Biller via the Portal.

4. The Portal

4.1 Links and Advertisements

The Portal may contain links to other websites which are not covered by these Terms and may have their own terms and conditions and privacy policies.

We have not reviewed all of the third party websites linked on the Portal and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). The PSP does not endorse, support or sponsor those websites, their operators, the goods, services or content that they describe.

If you choose to access these third party linked websites, you do so at your own risk. The PSP is not responsible for, and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. The PSP is not responsible for, and will not be liable in respect to any incorrect link to an external website.

4.2 No Warranty

The PSP has made efforts to ensure that information provided in the Portal by the PSP is free from error, however, the PSP does not warrant the accuracy or completeness of any information provided in the Portal. Furthermore, the PSP does not warrant that the Portal will always be available or free from defects.

4.3 Multiple Devices

The Portal is available for you to use on more than one Device. The Terms apply to each Device that you may use.

5. Liability and Indemnity

5.1 When are you not liable for a loss?

You will not be liable for loss arising from an unauthorised transaction if the cause of the loss is any of the following:

(i) fraud, negligence, mistake or wilful misconduct by a any PSP employee or agent, a third party involved in networking arrangements, or a merchant or their employee or agent; or

(ii) a password which is forged, faulty, expired or cancelled;

(iii) a transaction requiring the use of a password that occurs before you receive the password (including in the case of a re-issued password);

(iv) a transaction being incorrectly debited more than once; or

(ii) an unauthorised transaction performed after the PSP has been notified that a Device has been misused, lost or stolen, or the security of a PIN or password has been breached.

You will not be liable for loss caused by the failure of a system or equipment provided by us or a third party which we rely upon to complete a transaction in accordance with your instructions.

The PSP is responsible for the security of cardholder data received from you through the Portal. The PSP is responsible for securely storing, processing, and transmitting cardholder data on your behalf.

5.2 When are you liable for a loss?

You will be liable for transactions in accordance with these Terms and Conditions and the Motorpass Card Terms.

Where we can show that you contributed to a loss arising from an unauthorised transaction through fraud, negligence, mistake, wilful misconduct or breaching the passcode security requirements set out in clause 12 of the ePayments Code, you will be liable in full for the actual losses that occur before you notify the PSP of the loss, theft or misuse of your Device or security breach of your Motorpass Account, desktop or mobile device.

Where we can show that you contributed to a loss arising from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of your Device or a security breach to us, you will be liable in full for the actual losses that occur between:

(i) when you became aware of the security compromise, or should have reasonably become aware in the case of a lost or stolen Device; and

(ii) when you report the security compromise to us.

In both cases described above, you will not be liable for the portion of losses:

(iii) incurred on any one day that exceeds any applicable daily transaction limit; or

(iv) incurred in any period that exceeds any applicable periodic transaction limit.

Where a OTP (one-time password) was required to perform an unauthorised transaction and we are unable to prove any of the matters described above, you will be liable for the least of:

(v) the amount of $150; or

(vi) the actual loss at the time you report the misuse, loss or theft of your Device or security breach to us.

5.3 Limitation of our Liability

To the maximum extent permissible at law, we accept no responsibility or risk for the content provided, printed, sent or received in relation to the Portal, including by a Biller. You, by accessing or using the Portal, accept all responsibility, risk and liability for the content chosen, added, edited, provided, uploaded and modified. You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you acted negligently or fraudulently in connection with your use of the Portal or this agreement.

We do not, and we are under no obligation to, monitor or review any ratings, comments, communications, forums, discussions, postings, transmissions and other messages communicated by users of the Portal. Sniip assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against us for defamation, libel or whatsoever arising out of any such communication.

We are not liable for any consequential loss or damage you suffer as a result of using the Portal, other than due to any loss or damage you suffer due to our fraud, negligence, mistake or wilful misconduct or in relation to any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.

We are not liable for any disruption or impairment of the Portal or for disruptions or impairments of intermediary services on which the PSP relies for the performance of its obligations, provided that such disruption or impairment is not due to our fraud, negligence, mistake or wilful misconduct or in relation to any breach by us of a condition or warranty implied by law in contracts for the supply of goods and services, which may not be excluded, restricted or modified at all or only to a limited extent.

We are not responsible for any event or matter beyond reasonable control, such as acts of God, actions or omissions of financial institutions, card schemes or payment gateway providers or processors, legal or regulatory compliance reasons, power failures and the like.

You acknowledge that the PSP will provide the Portal using facilities provided by banks, payment service providers, clearing networks and other third party payment processing services (Third Party Providers). No commercial agreement exists between the Service Providers and yourself and each of the Service Providers will accordingly have no direct liability to you.

Nothing in this Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by the agreement.

To the fullest extent permitted by law, the liability of the PSP for a breach of a non-excludable guarantee under the ACL or any other applicable law is limited, at the PSP’s option, to:

(i) in the case of goods supplied or offered by us, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or

(ii) in the case of services supplied or offered by us: the supplying of the services again; or the payment of the cost of having the services supplied again.

Part B: Payments

6. Payment Processing and Scheduling

The Portal can process bill payments for you in either of two ways:

BPay (refer Part C) – the Portal will default to processing a bill payment via BPay transaction where this is available for your bill; or
Bank Transfer (refer Part D) – the Portal can process payments directly to the Biller’s nominated bank account.

Payments will usually be treated as received by the biller on the third business day after you make the payment.

We can accept an order to stop a Payment being processed prior to the BPAY file being sent. A user must confirm this via email for our records. The PSP will not accept an order to stop a Payment once the BPAY file has been sent.

You should notify us immediately if you become aware that you may have made a mistake (except when you make an underpayment – for those errors see below) when instructing us to make a Payment, or if you did not authorise a Payment that has been made from your account. Clause 7 describes when and how we will arrange for such a Payment (other than in relation to an underpayment) to be refunded to you.

A delay may occur in processing a Payment where:

(iii) there is a public or bank holiday on the day after you tell us to make a Payment;

(iv) a Payment is made either on a day which is not a Banking Business Day or after the Payment Cut-Off Time on a Banking Business Day;

(v) another financial institution participating in BPAY Payments does not comply with any applicable obligations relating to BPAY Payments; or

(vi) a Biller fails to comply with any applicable obligations relating to BPAY Payments.

While it is expected that any delay in processing under this agreement for any reason set out in clause 6 will not continue for more than one Banking Business Day, any such delay may continue for a longer period.

You must be careful to ensure that you tell the PSP the correct amount you wish to pay. If you instruct the PSP to make a Payment and you later discover that the amount you told the PSP to pay was less than the amount you needed to pay, you can make another Payment for the difference between the amount actually paid to a Biller and the amount you needed to pay.

Due to the risk profile of certain billers, the PSP has initially restricted the use of the Portal to billers in certain sectors.

7. Mistaken payments, unauthorised transactions and fraud

Pursuant to the EFT Code / ePayments Code, if under this clause 7 you are liable for an unauthorised or fraudulent payment and the ePayments Code applies, then your liability is limited to the lesser of:

(i) the amount of that unauthorised or fraudulent payment; and

(ii) the limit (if any) of your liability set out in our Terms of Use.

If (ii) applies, we will be liable to you for the difference between the amount for which you are liable and the amount of the unauthorised or fraudulent payment.

We will attempt to make sure that your payments are processed promptly by the participants in BPAY Payments, including those Billers to whom your payments are to be made. You must promptly tell us:

(iii) if you become aware of any delays or mistakes in processing your payments;

(iv) if you did not authorise a Payment that has been made from your account; or

(v) if you think that you have been fraudulently induced to make a Payment.

We will attempt to rectify any such matters in relation to your payments in the way described in this clause. However, except as set out in this clause 7 and clause 5.3, we will not be liable for any loss or damage you suffer as a result of using BPAY Payments.

The longer the delay between when you tell us of the error and the date of your payment, the more difficult it may be to perform the error correction. For example, we or your Biller may not have sufficient records or information available to us to investigate the error. If this is the case, you may need to demonstrate that an error has occurred, based on your own records, or liaise directly with the Biller to correct the error.

8. Mistaken Payments

If a Payment is made to a person or for an amount which is not in accordance with your instructions (if any), and your account was debited for the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount of that payment from the person who received it within 20 Banking Business Days of us attempting to do so, you must pay us that amount.

9. Fraudulent Payments

If a Payment is induced by the fraud of a person involved in the BPAY Scheme, then that person should refund you the amount of the fraud-induced payment. However, if that person does not refund you the whole amount of the fraud-induced payment, you must bear the loss unless some other person involved in the BPAY Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced payment that is not refunded to you by the person that induced the fraud.

10. Not used

11. Biller Consent

If you tell us that a payment made from your account is unauthorised, you must first give us your written consent addressed to the Biller who received that payment, consenting to us obtaining from the Biller information about your account with that Biller or the payment, including your Customer Reference Number (CRN) and such information as we reasonably require to investigate the payment. If you do not give us that consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that payment.

Part C: BPAY Payments

12. Paying via BPAY

BPAY Payments is an electronic payments service through which you can ask us to make payments on your behalf to organisations (Billers) who tell you that you can make payments to them through the “BPAY Payments” payment service (BPAY Payments).

When you tell us to make a payment, you must give us the information specified in clause 15 below. We will then debit your Motorpass Card with the amount of that payment.

Due to the risk profile of certain billers, the PSP has i restricted certain sectors.

These include:

Remittance service provider
Charities and Not-for-Profit
Intermediaries
Pay-day lenders
Internet gambling
Casinos
Goods dealers
Foreign exchange currencies
Securities and derivatives
Managed investment schemes
International business operations
International students or travel products
Hiring and leasing
Banking and financial institutions

13. How to use BPAY Payments

You can make payments through your registered account on the Portal.

Transactions through the BPAY Scheme will be processed in accordance with the following:

(i) The Portal will enable a user to scan a paper or email bill to digitise and store the BPAY Payment details, or a user can upload a .CSV or .ABA file which includes BPAY Payment details.

(ii) The Portal will verify the validity of the BPAY Payment details.

(iii) When you approve payment of a bill the PSP will debit your Motorpass Card for the bill amount, plus any relevant transaction fees.

(iv) The PSP then process the payment of the billvia BPAY, which may take up to 3 business days after you approve payment of the bill, or longer in exceptional circumstances. This leg of the transaction utilises the BPAY Scheme and is subject to these Terms. You will need to consider these time frames when instructing the PSP to make BPAY Payments on your behalf to ensure that you pay your Bill on time.

You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not, or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between you and that Biller.

14. Valid payment direction

We will treat your instruction to make a payment as valid if, when you give it to us, you comply with the security procedures specified in our Terms of Use.

15. Information you must provide to the PSP

The information you must provide the PSP to instruct us to make a payment includes:

the Biller’s BPAY Biller Code;

your Customer Reference Number (CRN); and

the payment amount.

You acknowledge that we are not obliged to effect a payment if you do not provide the PSP all of the above information, or if any of the information you provide the PSP is inaccurate.

16. Payment queries

If you have any queries or complaints in respect of a payment, please contact us using the details listed in our Terms of Use (refer to clause 32). We will attempt to resolve your complaint or query in accordance with those procedures.

17. Cut-off times

Payments made on a weekend (Saturday, Sunday) or public holiday will take more than two business days to appear on your biller account.

The Portal will let you know the date of payment to the biller, prior to you approving payment.

The Biller is required by BPay Payment rules to recognise the BPay payment as the date that the bill was paid.

However, each biller may have different transfer timeframes and there may be delays in the funds being received into your Biller’s account.

18. When a Biller cannot process a payment

If the PSP is advised that your payment cannot be processed by a Biller, we will:

advise you of this; and

take reasonable steps to assist you in making the payment as quickly as possible.

19. Account records

You should check your account records carefully and promptly report to us as soon as you become aware of any payments that you think are errors, or are payments that you did not authorise, or you think were made by someone else without your permission.

20. Approval of payments

The PSP is entitled to determine whether or not to approve an instruction to make a payment at its sole discretion pursuant to its Know Your Customer (KYC) and fraud screening procedures and policies, any applicable law or regulation, for anti-money laundering purposes and for other legal and regulatory related reasons. When rejecting a transaction, the PSP is under no obligation to disclose the reason for the rejection. You are solely responsible for any fees, costs and expenses associated with rejected transactions.

Part D: Bank Transfers

21. Paying non-BPAY Bills

The PSP can make payments on your behalf to Billers who provide you with their details, including BSB and bank account number.

When you tell us to make a Payment, you must give us the information specified in clause 24 below.

22. How to pay non-BPAY bills

You can make payments through your registered account on the Portal.

Payments in which you give us the required details will be processed in accordance with the following:

The Portal will enable a user to upload a copy of a bill, to digitise and store the Biller’s Details.
The Portal will not verify the validity of the Biller’s details.
When you approve payment of a bill the PSP will debit your Motorpass Card for the bill amount plus any relevant transaction fees.
The PSP will then process the payment of the bill, which may take up to 3 business days after you approve payment of the bill, or longer in exceptional circumstances.

You will need to consider these time frames when instructing the PSP to make payments on your behalf to ensure that you pay your bill on time.

23. Valid payment direction

We will treat your instruction to make a payment as valid if, when you give it to us you comply with the security procedures specified in our Terms of Use.

24. Information you must provide the PSP

The information you must provide the PSP to instruct us to make a payment includes:

the Biller’s Details;

your payment reference or bill number; and

the payment amount.

You acknowledge that we are not obliged to effect a payment if you do not provide the PSP all of the above information, or if any of the information you provide the PSP is inaccurate.

25. Payment queries

26. Cut-off times

Payments made on a weekend (Saturday, Sunday) or public holiday will take more than two business days to appear on your biller account.

The Portal will let you know the date of payment to the biller, prior to you approving payment.

27. When a Biller cannot process a payment

If the PSP is advised that your payment cannot be processed by a Biller, we will:

advise you of this; and

take reasonable steps to assist you in making the payment as quickly as possible.

28. Account records

You should check your account records carefully and promptly report to us as soon as you become aware of any payments that you think are errors or are payments that you did not authorise or you think were made by someone else without your permission.

29. Approval of Payments

Part E: General items

30. No ‘chargebacks’

Even where your Payment to us has been made using a Motorpass Card, no ‘chargeback’ rights will be available for BPAY Payments by us through the BPAY Scheme.

You agree that we provide a bill payment service in respect of the goods and services that you receive from your Billers. We are a payment intermediary and are not a supplier, reseller or manufacturer of those goods and services and we have no responsibility whatsoever for the quality, delivery or any other fault, issue or dispute in relation to the goods or services supplied to you by your Biller. Accordingly, where we make a payment as directed by you, you will not be entitled to a ‘chargeback’ from any Motorpass Card provider, even where you are dissatisfied with the goods or services you receive from your Biller.

You agree to remedy any disputes related to the goods and services supplied by your Biller directly with your Biller. Accordingly, you agree that you will not request a chargeback from any Motorpass Card provider in relation to payments authorised by you, and subsequently made by Us to your Biller.

31. Fees

You agree to pay the following processing fees for each payment made using the Portal:

Motorpass Card

1.75% + GST (1.93%)

You agree to pay the surcharges as notified to you from time to time and calculated and displayed to you prior to instructing the PSP to make a payment and authorise us to debit your nominated Motorpass Card for all fees payable by you.

The surcharge displayed may not be the same as the surcharge at time of processing, due to a fee change falling between the two dates. In this instance, although a user may have scheduled the payment with the lower fee displayed, the PSP reserves the right to process payments at a higher surcharge on the date of payment.

Sniip may also receive fees from the Bank and/or its processing partners for processing a BPAY payment.

32. Helpdesk/Queries, Reports and Complaints

Contact WEX Portal Support at 1300 939 729 or email us at help@billpay.wexaustralia,com. . You may also write to us at WEX Customer Services Manager, GPO Box 5342 Melbourne Victoria 3001.

If you make a complaint to us we will acknowledge receipt of your complaint within 1 business day of receiving the complaint and we will complete an investigation and advise you of the outcome in writing or advise you of the need for more time to complete our investigation in writing within 30 days. We are required to complete our investigation within 30 days of your complaint unless exceptional circumstances apply (e.g. due to the complexity of the issue or due to circumstances outside our control).

If your complaint relates to our BPAY Payments Service and we are unable to resolve your complaint within 30 days or you are dissatisfied with how your complaint was handled or its outcome, you can refer your complaint to the Australian Financial Complaints Authority (AFCA), an independent external dispute resolution scheme covering applicable Australian customers.

AFCA can be contacted at:

Online: www.afca.org.au
Email: info@afca.org.au
Phone: 1800 931 678
Mail: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001

33. Privacy

If you register to use the Portal, you agree to our disclosing to Billers nominated by you and if necessary the entity operating BPAY Payments (BPAY) or any other participant in BPAY Payments and any agent appointed by any of them from time to time, including BPAY Group Pty Ltd, that provides the electronic systems needed to implement BPAY Payments:

(i) such of your personal information (for example your name, email address and the fact that you are our customer) as is necessary to facilitate your registration for or use of BPAY Payments; and

(ii) such of your transactional information as is necessary to process your payments. Your payments information will be disclosed by BPAY, through its agent, to the Biller’s financial institution.

If you agree to provide us with access to your email in order for us to notify you of any upcoming Bills, you acknowledge that we may use the data from the Bill to:

(iii) analyse our services and customer needs with a view to developing new or improved products or services; or

(iv) subject to Applicable Laws, notify you of promotions, special offers or deals from other service providers, which might interest you.

You agree to provide any information or documents we may reasonably request about you to enable us to meet our regulatory and compliance obligations. To meet these obligations we may need to:

disclose your personal information to third parties to understand the risks associated with providing a Portal account to you;
delay, block or refuse transactions where we have reasonable grounds to believe that the transaction(s) breaches any applicable laws or regulations.

You must notify us, if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in BPAY Payments referred to in clause 25(a)(i), as necessary.

You can request access to your information held by us, BPAY or its agent, BPAY Group Pty Ltd at their contact details listed in the Definitions, or by referring to the procedures set out in the privacy policy of the relevant entity.

Our Privacy Policy, along with the privacy policies of BPAY and BPAY Group Pty Ltd, contain information about how you may complain about a breach of the Privacy Act 1988 (Cth), and the process by which your complaint will be handled.

If your personal information detailed above is not disclosed to BPAY or its agent, it will not be possible to process your requested payment.

WEX’s Privacy Policy can be found at https://wexinc.com/en-au/privacy/

Sniip’s Privacy Policy can be found at https://sniip.com/privacy-policy

34. Security

34.1 Security Precautions

You must take the following security precautions:

Do not leave your Device unattended and/or left logged into the Portal. Exit from the Portal at the end of each session.

Do enable password-protection and other security features that may be made available on your Device to stop unauthorised use of the Portal.

34.2 Notification

You should immediately tell your financial institution and us (via 1300 939 729 or help@billpay.wexaustralia.com) if:

you believe your Motorpass Card or other account may be compromised;

your Device has been lost or stolen;

an electronic fund transfer has been made without your permission; or

the statement from your WEX Motorpass shows transactions that you did not make.

34.3 Device Security

You agree that you will:

not leave your Device unattended and/or logged into the Portal;

lock your Device or take other steps necessary to stop any unauthorised use of the Portal;

not act fraudulently or maliciously in relation to the Portal or related software. As examples, you will not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the Portal or software;

not override the software lockdown on your Device (e.g. jailbreak your Device);

promptly update, and keep updated, the operating system and security software for your Device when released by the Device or system provider;

not permit any other person to store their Biometric Identifier on your Device; and

before you sell or permanently give your Device to any person, delete the Portal and, if you have enabled a Biometric Identifier for access to the Portal, disable this feature within the Portal (e.g. disable Touch ID or Face ID).

35. Intellectual Property

All rights, title and interest to the Portal and any related intellectual property is owned by Sniip. Nothing you do will transfer any intellectual property from Sniip to you. You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via the Portal or any portion of it may result in legal action being taken. You agree to not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the Portal or any related software.

We grant to you, and you accept, a non-exclusive, royalty free, revocable and non-transferable limited licence to install and use one copy of the Portal on your Device in machine executable object code form solely for your own personal use. You must not re-sell, sub-license, rent, lease or otherwise distribute the Portal. All other rights in respect of the Portal are reserved to us.

36 Suspension and other steps the PSP can take

36.1 Notification of Suspendable Action

If we reasonably consider a Suspendable Action has occurred or may occur we will promptly inform you, including explaining the circumstances causing the Suspendable Action to arise.

36.2 Suspension

If you commit a Suspendable Action, we may immediately suspend your ability to use the Portal or the PSP services.

Notwithstanding this clause 36 or any other provision of these Terms, we reserve the right to suspend your access to the Portal or the PSP services on notice to you if:

directed to do so by BPAY; or
we are required to suspend access to the Portal or the PSP services due to any applicable law.

When we suspend your access to use the Portal or the PSP services pursuant to this clause 36.2, you will not be able to use the Portal, Motorpass Card or the PSP services.

Where your access to the Portal or the PSP services is suspended, you must:

promptly remedy any non-compliance with these Terms; and
comply with our reasonable directions (including directions as to timing) to remedy any non-compliance with these Terms and/or any Suspendable Action.

If your access to the Portal is suspended in accordance with this clause 36.2 for a period of 30 days or more we may, on written notice to you, terminate these Terms.

For the avoidance of doubt, we shall not be liable or responsible in any respect to you for any losses flowing directly or indirectly from any access to the Portal, the PSP services or Motorpass Card being suspended in accordance with this clause 36.2.

36.3 Processing Transactions

We maydelay, block or refuse to process or settle any Transaction without incurring any liability if we reasonably suspect that you have not complied with these Terms, the Motorpass Card Terms or applicable law.

37 Governing Law

The Terms of Use are governed by and interpreted in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Any dispute under these Terms or otherwise in connection with the Portal will be brought exclusively in the courts of the State of Victoria and the courts of Australia, except where prohibited by law.

38 Definitions

Banking Business Day means any day from Monday to Friday that is not a national public holiday in Australia.

Bill Payment Service means the feature within the Portal which allows users to pay bills via electronic transfer to a bank nominated by the Biller.

Biller refers to any organisation that is eligible to receive payments via the Portal.

Bill or Notice refers to any Bill payable using the Portal.

BPAY refers to BPAY Pty Limited ABN 69 079 137 518.

BPAY Rules refers to the BPAY Scheme Rules and Operating Procedures in force from time to time.

BPAY Scheme refers to the electronic payments service promoted by BPAY.

BPAY Payments Service refers to the feature within the Portal which allows users to pay bills via BPAY.

Device refers to a mobile device with eligible software that is enabled for cellular or wireless internet connection and capable of having the Portal installed.

Details means a Biller’s BPAY details or a Biller’s financial account details (including Account Name, BSB and Account Number).

Motorpass Account means the account we set up in your name to record transactions using any Motorpass Card and any fees payable by you under these Terms or the terms and conditions applicable to your Motorpass Card.

Motorpass Card means the Motorpass Card (including any plastic or virtual card) issued by us to you capable of being used in the Portal to charge transactions to your Motorpass Account.

Motorpass Card Terms means the terms and conditions applicable to your Motorpass Card.

Payment means a payment made by you using the Portal by scanning a Biller’s Details.

Payment Cut-Off Time refers to the cut-off times as outlined in clause 17.

Portal refers to a computer software application developed by Sniip titled the WEX Bill Payment Service. Reference to the “Portal” includes all modifications, enhancements or updates thereto, and includes all associated printed, online or electronic documentation and instructions relating to it.

Privacy Laws refers to the Privacy Act 1988 (Cth) and all related regulations.

Privacy Policy refers to both WEX’s privacy policy which can be found at https://wexinc.com/en-au/privacy/, and Sniip’s privacy policy which can be found at https://sniip.com/privacy-policy.

Suspendable Action means an action that we reasonably consider to be in breach of these Terms.

Terms of Use means these terms and conditions, as amended from time to time.

You (you) / Yours (yours) means the holder of the Motorpass Account that is linked to the Portal.

We / us / ours refers to WEX Australia Pty Ltd ACN 005 970 570 and/or Sniip Ltd ACN 161 862 068 as the context requires.

39 Policy Disclosure Documents

Sniip’s Financial Services Guide – can be found here: https://sniip.com/financial-services-guide/

Sniip’s Product Disclosure Statement – can be found here: https://sniip.com/product-disclosure-statement/