e-Pocket Terms & Conditions
Last modified: June 10, 2018
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE e-Pocket ® Mobile APP and Web Portal
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY DOWNLOADING THE APP OR USING THE WEB PORTAL YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD THE APP OR USE THE WEB PORTAL
This App and Web portal are run for e-Pocket, Melbourne, Australia, registered with the Australian Business Register under the Australian Securities & Investments Commission Office ACN Number 622 368 478 (e-Pocket) and references to “we”, “us”, “our” are references to e-Pocket.
What is e-Pocket – e-Pocket is an advanced platform that delivers a sophisticated payment solution. Our range of services is diverse in a number of sectors including, Retail, Hospitality and Event management, E-billing and Marketing. e-Pocket is a very innovative system attached to an intuitive mobile banking app. It is designed to revolutionise the entire transactional system improving the way people buy, sell and manage money, a unique Fintech solution that is designed to fill the gap in the banking and financial industry.
1. Availability and registration
We have made this e-Pocket® MOBILE APP and Web Portal (the App) available to you for your own personal use only and only for the purposes of facilitating your use of the e-Pocket® Service (the Service). The App is currently only available for use by customers of the Service in Australia.
You will not be able to use the App until you have registered to use the Service directly via the App and then been sent a code by SMS or email which allows you to activate the App or your Web Portal Account. You may call the number listed below for the address and hours of nearby locations of e-Pocket® Agents. Some locations are open 24 hours. We can refuse to register you for the Service and refuse to allow you to use and/or restrict your use of the App or the Web Portal at any time.
This Mobile and Web Portal Agreement also includes certain licensing and end user rights and restrictions.
2. Applicable terms
We reserve the right to modify these App T&Cs as required. If these App T&Cs are modified, we will post a clear, easily accessible modification notification on the App. If you continue using the App, you will be bound by any or all modifications made to it.
You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet, computer, laptop or other handheld device (the Device). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your Device then we assume that you have the permission from the person that does before incurring any of these charges. We will not charge a separate fee for accessing the App, but you may be charged fees for using the Service. These fees will be as set out in the Product Disclosure Statement - PDS.
4. Minimum system requirements
The App will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.
5. Use of your personal information
Your personal information is processed under applicable law and controlled by e-Pocket. Details of the information we collect and how we use it, including where this is shared with third parties and/or processed is as set out in the Service T&Cs.
Through your use of the App we also collect, store your username, language selection, country selection and location data and our use of this personal information is subject to your opt-in choice and the applicable provisions in the Service T&Cs.
Certain functionality of the App may need to access your Device and information stored on it so that it works properly. By using the App you consent to this.
6. Your use of the App
You must comply with these App T&Cs as these apply to your use of the App and the Service T&Cs apply to your use of the Service that you access and use through the App. Any violation of these App T&Cs or the Service T&Cs may result in the termination of your access to the App and/or the Service.
You may only use the App for your own personal use and not in connection with any commercial endeavours. You must not copy or modify any part of it in any way.
You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems.
You must not use the App for any of the following purposes:
- (a) anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
- (b) anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
- (c) interfering in any way with any other user of the App; and/or
- (d) knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
As the App facilitates money transfers, security is of paramount importance. You must keep your Device secure and properly close the App after each use. You must ensure that any security details, money transfer and account information and all other information that you provide to us via the App or otherwise is complete, accurate and up to date.
7. Intellectual property rights
The App and all copyright, database rights, trade marks and other intellectual property rights related to it belong to us or our licensors.
8. Our responsibilities to you
FEATURES AND SERVICES AVAILABLE
The following features and financial services may be accessed using the Mobile Application Service or the Web Portal, subject to the terms of this Agreement:
- Scan and register debit/credit cards to use for contactless payments through QR code
- Make bill payment by scanning QR/Bar codes of e-Pocket Business Afffilates at POS or online
- Transfer funds from bank account, credit/debit card to e-Pocket Account
- Transfer funds or Make a payment to other e-Pocket users
- Billing management, Display in real time list of transactions history
- Purchase tickets for events registered with e-Pocket
- Access to e-Pocket atomic exchange to Purchase or sell bitcoin (BTC) or Ethereum (ETH) cryptocurrencies
- Locate surrounding e-Pocket Business affiliates
This Mobile Application Services End User Agreement ("Agreement") governs your use of the Mobile Application Services (defined below) provided to you by e-Pocket
While we will endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.
The App, including all content on or available through the App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.
We do not accept any responsibility to you for:
- (a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
- (b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
- (c) viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
- (d) any unauthorised use or interception of any message or information before it reaches the App, the web Portal or our servers from the App;
- (e) any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
- (f) any content provided by third parties.
9. Limitations of liability
There are provisions on liability in the Service T&Cs that also apply in connection with these App T&Cs and your use of the App.
In addition, we and our group companies and our and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
- (a) the App and your use, delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
- (b) your access to and use of any material on the App or material linked to or referred to on the App; and/or
- (c) any loss or damage to your Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
If we or any of our group companies or our or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these App T&Cs and/or the Service T&Cs, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these App T&Cs and/or the Service T&Cs.
Nothing in these App T&Cs shall exclude any party’s liability for:
(a) death or personal injury arising through negligence;
(b) fraudulent misrepresentation; and/or
(c) anything else that cannot be excluded or limited by us under any applicable law.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these App T&Cs.
Our system uses QR codes enabled technology to allow funds to be transferred from one account to another. e-Pocket QR code is encrypted and automatically generated by the system to every account holder at the time of their registration on the system.
Notwithstanding the fact that we take all precautions necessary to protect your funds and the integrity of our website, App and Portal, there are always risks associated with outside hacking from criminals. You acknowledge that you are aware of the following:
a) You understand that outside of your or our control,adverse changes in market forces or the hacking of the technology will excuse the any default by us under this agreement including temporary interruption or permanent termination of your access to our services.
b) Risk of security weaknesses of our platform. There is a risk that our platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of funds.
c) Risk of theft and hacking. Criminals may attempt to interfere with your acount or the App performance in any number of ways. Whilst doing our best to prevent an unfavourable outcome in relation to any such attacks, ee will not be responsible for the outcome.
11. Termination and suspension
We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these App T&Cs, will end and you must stop using the App and delete it from your Device.
12. Law and jurisdiction
These App T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. The means of resolving dicputes shall be as follows:
(i) Mediation followed by Arbitration The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).
(ii) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).
(iii) The terms of the Guidelines are hereby deemed incorporated into this agreement. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the parties shall submit the dispute to arbitration Melbourne, Australia before a single arbitrator.
(iv) The arbitration shall be administered by ADC and conducted in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to arbitration (the Rules).
(v) The terms of the Rules are hereby deemed incorporated into this agreement.
(vi) The arbitrator shall not be the same person as the mediator unless the parties each consent in writing to the arbitrator so acting.
13. Taxes and other Legal Issues
a) We bear no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.
b) Whilst doing our utmost to protect your privacy, we will comply with any lawful direction in regards tax and/or money laundering matters from any sovereign nation or international law agency.
c) Should it become obvious to us that any user of our platform is using same for any illegal purpose, we reserve the right at notify the appropriate law enforcement agencies at our complete discretion.
14. In Case of Errors or Questions about Your Account
In case of errors in or questions about your deposit or credit accounts, contact our Customer Service Center at email@example.com. For additional information regarding your and our rights and responsibilities regarding errors in or questions about your accounts and how such errors and questions are processed, please review your Primary Online Application Agreement and the applicable agreement(s) governing the affected deposit account or credit account.
For questions or concerns about the App service itself, you may call us at +61 3 8566 8869 or by mail at: info@e-Pocket.com.au
15. Independent Advice
We strongly recommend that you do your own independent investigation and/or speak with a qualified investment professional before making any financial decisions. Nothing appearing on this website is intended to constitute financial advice in any way. Nothing published by us constitutes an investment recommendation or the manner in which your should move your money in whatever form it may be in.
Level 30/35 Collins street
Melbourne, VIC 3000