Wpay Website Terms of Use

About these terms

Please read the terms and conditions of use set out below carefully before using this Website (the “Site”). The use of this Site and any transactions conducted on it is governed by these terms and conditions (“Terms”). By accessing this Site you agree that are bound by these Terms.

The Site is provided by Wpay Pty Limited (ABN 86 646 547 908) trading as Wpay, a subsidiary of Woolworths Group Limited (ABN 88 000 014 675).

Interpretation

References to “you”, “your” and “yours” are references to the person(s) accessing the Site. References to “we”, “us” and “our” are references to Wpay Pty Limited.

Acknowledge and acceptance of terms

This Site is operated by Wpay Pty Limited. By using this Site you acknowledge that you have read and understood the Terms and agree to be bound by them. The information and other material provided in the pages of the Site (including the Terms) may be changed at any time without notice. We will notify you on the Website if those changes affect your rights or obligations under these Terms.

Disclaimer and limitation of liability

The following clauses exclude or limit our legal liability for the Site. You should read them carefully. They all apply only so far as the law permits.

Subject to applicable law (including the Competition and Consumer Act 2010 (Cth)), all express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms that are not contained in these Terms, are excluded to the maximum extent permitted by law. Without excluding, restricting, or modifying the rights and

remedies to which you may be entitled under the Competition and Consumer Act 2010 (Cth) or our liability under those provisions:

(a) you acknowledge that the Site is provided “as is” and we do not make any representation or warranty as to the suitability of the Site or product or service for any purpose; and

(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of these Terms.

Unless it can be demonstrated that we have directly caused or contributed to the loss or damage as a result of our own negligence or wilful misconduct, we disclaim liability to you in connection with or arising under these Terms for any loss or damage.

While we take steps to ensure the security of the Site, we do not warrant, guarantee or make any representations regarding the security of accounts, or that the Site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage. Additionally, we do not warrant, guarantee or represent that access to the Site or Materials on or accessed through the Site, will be uninterrupted, or that there will be no delays, failures, errors or omissions or loss of transmitted information. You acknowledge that the internet is inherently insecure, your use of the Site is at your own risk, and that you are responsible for taking any necessary security precautions to protect your means of accessing Website. To the extent permitted by law, we shall not be liable for any losses or damages or expenses (including legal costs) whatsoever arising out of or referable to Materials on the Site or accessed through the Site.

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for convenience only and to the extent permitted by law, we disclaim liability to you in connection with or arising from your use of those external websites. You agree that:

(a) we make no representations or warranties, and have no responsibility or liability for those sites;

(b) these links do not indicate, expressly or impliedly, that we endorse the site, any opinions expressed on the site or any products or services that may be provided at those sites; and

(c) you access the content and use any products or services made available or advertised at those sites solely at your own risk.

Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.

Third Party Sites

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for convenience only and you agree that:

(a) we make no representations or warranties, and have no responsibility or liability for those sites;

(b) these links do not indicate, expressly or impliedly, that we endorse the site, any opinions expressed on the site or any products or services that may be provided at those sites; and

(c) you access the content and use any products or services made available or advertised at those sites solely at your own risk.

Intellectual Property Rights

You acknowledge that:

(a) copyright in this Site, the software, design, text, and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site; and

(b) copyright in any software development kits (“SDK”) made available for download through the Site, (together, the “Materials”) are owned by or licensed to us. Subject to the paragraph immediately below, you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent.

You may:

● store a reproduction of the content on this Site on your local server for the sole purpose of viewing the content and Materials; and

● print hard copies of the content and Materials for the sole purpose of viewing and purchasing the goods and services advertised on the Site but not for any other use, including commercial use.

The Site contains registered trademarks and other trademarks which are protected by law (including the Trade Marks Act 1995 (Cth)). You must not use any of the trademarks appearing on the Site, our name, or the names of our related bodies corporate without our prior written consent. You must not use any other trademarks on the Site that are owned by third parties without first obtaining their consent.

Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without our prior written consent.

Use of DM Sans and DM Serif are licensed under the SIL Open Font License, Version 1.1.

Privacy and Commercial Electronic Messages

View the Wpay Privacy Policy to understand how we collect, use and manage your personal information.

You will receive different types of messages from us. Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about our services, newsletters, events and promotions. You agree to continue receiving communications from us until the time that you opt out.

You may opt out of the receipt of commercial electronic messages sent by Wpay by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving newsletters, client surveys, requests for feedback, and other promotional messages. You can also opt out by emailing unsubscribe@wpay.com.au. If you opt out of receiving commercial electronic messages sent by Wpay, you will still receive information we are required by law to provide to you or factual information directly about your

services, including changes to these terms and conditions and/or our collection notice, privacy policy, transactions or other information relating to services we provide.

Users

You agree not to attempt to transfer any material of any kind to this Site which contains a virus, malicious computer code or any harmful component and not to otherwise attempt to alter the content of the Site. You agree that you are wholly responsible for use of the Site by any person using your computer and you agree to ensure that any such person complies with these Terms.

Your Obligations: Wpay Connect Portal

If you have registered to use the Wpay Connect Portal and have nominated a username or email address (“LoginID”) and password to access your account on the Site, you must ensure that your LoginID and password and the details of your account are kept in a safe and secure manner (e.g. you must not share your LoginID or password with others).

If you have reason to believe that your interaction with us is no longer secure (e.g. you feel that the security of your Wpay Connect Portal account has been compromised, including unauthorised access), please contact us immediately.

You are responsible and liable for any person that uses your LoginID and password on the Site (e.g. any hardware or services ordered).

If you are an account administrator you are responsible for regularly reviewing and maintaining the user access of employees that have access to the Site, including your Wpay Connect Portal.

Suspension of account: Wpay Connect Portal

We reserve the right to refuse service, terminate accounts (including Wpay Connect Portal accounts) and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms or have used the Site or the Wpay Connect Portal in a fraudulent or improper manner.

Governing Law

These Terms are governed by the laws of New South Wales, Australia. Each party agrees to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the applicable law arise independently of these Terms and this clause does not apply to any claim you may have under the applicable law (including the Competition and Consumer Act 2010 (Cth).

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in any jurisdiction, it is severed for that jurisdiction. The remainder of these Terms has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance is contrary to public policy.

Wpay Pty Limited attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

We reserve any rights not expressly granted in these Terms.

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