The Site is copyrighted. All Rights Reserved. Revised February 2021.

Emageia Pty Ltd (“Emageia”) is an Australian Proprietary Limited Company having its principal office at Suite 03, 1044A Dandenong Road Carnegie, VIC 3136 Australia.

These are the terms and conditions the Customer must agree to prior to using Emageia services. This User Agreement (“Agreement”) is a contract between the Customer and Emageia that applies to the Customer’s use of the “Emageia Payment Portal” service and any related products and services (“Service”) available through www.emageia.com (“Site”). If the Customer does not agree to be bound by the terms and conditions of this Agreement, the Customer may not use this Site or any of the Services. Emageia reserves the right to amend this Agreement at any time by posting a revised version on this website. Except if otherwise stated, all amendments shall be effective thirty (30) days after publication on this Site. Notice of upcoming changes will be posted on the Emageia website and on notification pages posted in the Customer’s Emageia Payment Portal account.

In addition, please note that the Emageia website www.emageia.com has a privacy policy that applies specifically to it. When visiting websites for other countries or regions, or other websites that are owned or operated by Emageia, the Customer should review the privacy policy for each specific site, as each may contain different terms.

In this Agreement, “the Customer” or “the Customer’s” means any person or entity (“Users”) using the Service. Unless otherwise stated, “Emageia Pty Ltd”, “Emageia Payment Portal “we” or “our” will refer collectively to Emageia Pty Ltd, its officers, directors, agents, subsidiaries, joint ventures, employees and suppliers.

DEFINITION

In this document the following definitions shall apply;

Emageia Pty Ltd is an Australian Proprietary Limited Company having its principal office at Suite 03, 1044A Dandenong Road Carnegie, VIC 3136 Australia and its successors and assigns.

Emageia Payment Portal means Emageia Connect Online Payment Solution facility

Customer means the Users of the platform who have been permitted the use of Emageia’s Payment Portal Facility by their respective Clients.

Customer Instructions Any request or instruction by Emageia effected through the “Emageia Online” facility by the use of a User ID and a Password.

Intellectual Property Rights Any and all rights of copying design right know how patent design trademark and any other intellectual property rights of any description whether the rights of the Emageia therein were acquired by way of acquisition assignment or other mode.

Password Any Confidential Password, Code or Number, whether issued or created by the Customer (or any of the Customer’s Users) and any combinations thereof, which may be used to access the “Emageia Payment Portal” facility or to issue a Customer Instruction under the “Emageia Online Payment Solution facility”

Users means a person appointed by the Customer/Agent/Company to act on its behalf in “Emageia Online Payment Solution facility” from to be to time.

Clause headings are inserted for convenience of reference and shall not affect the interpretation of this agreement. Unless the context otherwise requires, words importing the singular shall include the plural and Vice-versa. 

ELIGIBILITY

Both Companies and Customers rendering services from Emageia can use this Service. Unless otherwise stated, all provisions in this Agreement apply to both Companies and Customers. The Customer agrees that any information the Customer gives to us (“User Information”) will stay in Emageia records until termination of this Agreement, for whatever reason, in which case such information will be removed from the Emageia systems and/or returned to the Customer and/or destroyed. The Customer agrees that Emageia does not need additional consent to store, use and transmit data to third parties provided that this is strictly necessary for the performance of Emageia’s customer support duties as agreed and as part of due diligence for detection of money laundering and terrorist funding and subject to any Data Protection or terms agreed herein relating to the confidentiality of information

USE OF THE SITE

Access to and use of the Emageia Site is subject to all applicable international, federal, state and local laws and regulations. Unless otherwise specifically indicated, the Customer may download, browse material displayed on the Emageia Site for personal, non-commercial use only. The Customer may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Emageia Site for any public or commercial purpose without the written consent of Emageia or any third party Emageia deems necessary. The Customer must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Emageia Site the Customer makes and distributes for any purpose must also include these Rules. The Customer may not access or use the Emageia Site in any way that could or is intended to damage or impair the Emageia Site, or any server or network underlying the Emageia Site, or interfere with anyone else’s use and enjoyment of the Site.

USE OF THE EMAGEIA PAYMENT PORTAL

The Customer may access the Emageia Payment Portal for the purpose of making online payments towards the services rendered via Emageia, which is mentioned in the Site. The Emageia Payment Portal acts as payment platform towards making direct payments to Emageia.

The Customer agrees and acknowledges that Emageia is only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider.

The Customer is responsible for maintaining the confidentiality of the user identification, password, account details and related private information. The Customer agrees to accept this responsibility and ensure the account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of the account. The Customer should inform us immediately if the customer has any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. The Customer agrees and acknowledges that any use of the Site and related services offered and/or any access to private information, data or communications using the account and password shall be deemed to be either performed by the customer or authorized User by the customer as the case may be. The Customer agrees to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). The Customer agrees that Emageia shall be entitled (but not obliged) to act upon, rely on or hold the Customer solely responsible and liable in respect thereof as if the same were carried out or transmitted by the Customer. You as the Customer further agree and acknowledge that you shall be bound by and agree to fully indemnify Emageia against any and all losses arising from the use of or access to the Site through your account.

REPRESENTATION

• “Emageia Payment Portal” facility is made available through a computer-based system or a suite of programs which is a product developed and marketed by Emageia Pty Ltd.

• Accordingly, the “Emageia Payment Portal” facility is expected to enable Customers to give instructions, effect payments and make requests to the Emageia through computer terminals.

• This is computer based product and authorization of transactions and identification of request for access and retrieval of information and the receipt and processing of instructions given to the Emageia is carried out by a Computer system by reference to a Password and not by reference to signature. Accordingly, authorizations request and instructions given to the Emageia by the use of such a Password shall be deemed to be given by the person recognized by such Password.

• Authorization requests and instructions given to the Emageia through “Emageia Payment Portal” facility by using of a Password shall deemed to have been given by the authorized person recognized by such Password and the Customer undertakes to be bound by the authorization requests and instructions so

• Where the person recognized by such Password is a customer or User of a Customer such authorization request and instructions shall deemed to have been given by that customer.
• “Emageia Payment Portal” facility is made available by a computer based system or program and a computer generated acknowledgement of instructions and requests is given immediately. However, except designated on-line transactions, in all transactions, compliance time, which may vary from time to time and from transactions, will be made known on request, to the Customer.
• “Emageia Payment Portal” facility is available on a 24-hour basis. While Emageia will take all reasonable steps to ensure a continuous and satisfactory service at all times, it cannot warrant or guarantee an uninterrupted or a wait-free service.

EMAGEIA CHARGES

• Emageia may in its absolute discretion increase or vary any items in the Emageia’s scale of charges with or without prior notice to the customer.

• The Customer agrees and undertakes to pay all charges to the Emageia as per Emageia’s scale of charges from time to time, as and when due.

ACCOUNT INFORMATION

• Verification

Emageia Payment Portal requires all the Users to become verified for the security of Emageia’s network. The Customer agrees to complete account verification procedures by applying for Emageia Payment Portal services through our website.

• Payments
  
  Emageia Payment Portal provides a secure medium through which to make payments online. If the Customer makes an online payment to the site Emageia automatically accepts the payment.

• Credit Card Use

The Customer can use a credit card to make a payment through the Emageia Payment Portal. The Customer must ensure that an authorized and valid credit card is in possession upon registering for the account. If the Customer received a refund and initially paid for the item with the Customer’s credit card, the Customer’s refund will be reversed back to the Customer’s credit card.

• Account Security

Emageia Payment Portal implements various security measures to protect Customer’s account. With the use of the Customer’s password and/or Transaction PIN, unauthorized transactions will be drastically reduced if not completely eliminated

• Customer Conduct

The Customer must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. The Customer must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. The Customer understands that, the Customer is responsible for all electronic communications and content sent from Customers computer to Emageia and the Customer must use the Site for lawful purposes only.

As the Customer you are strictly prohibited from using the Site for; (i) fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of your respective country or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” Use the Site for illegal purposes, (ii) to cause annoyance, inconvenience or needless anxiety, (iii) for any other purposes that is other than what is intended by us.

PAYMENTS

• The Emageia Payment Portal acts as a platform which allows the Customers to process payments. Customer’s shall receive system generated invoices to the Customer’s designated email address. All such Payments to the said invoices shall be made within a period of Seven (7) days upon receiving an invoice.
• The Customer shall also have the option of making part payments against the said invoice, but note the invoice will remain as an unpaid invoice until the full payment is made

SECURITY CONTROL

• The Customer undertakes to ensure that its Users keep all Passwords strictly secret and confidential at all times and that no one other than the Users will have access to or have knowledge of his password.

• The Customer shall ensure that security measures within the customer’s control are both adequate and properly maintained.

• The Customer shall ensure that its Users change their Passwords regularly to ensure greater security.

• The Customer shall ensure that all entries to its accounts are monitored closely and checked and verified regularly and that Emageia is notified of any error or discrepancy forthwith.

• Emageia may accept any customer instructions given by using a Password acceptable to Emageia’s Emageia Payment Portal facility as authentic and properly authorized and Emageia shall be under no obligation to investigate the authority of the persons giving customer instructions or to verify the accuracy and completeness of customer instructions so given.

CLOSING A USER ACCOUNT

This Agreement’s term will begin as soon as the Customer accepts these terms and will continue as long as the Customer uses the Site or the Services of Emageia Payment Portal

• Activities Resulting in Account Limitation and Termination

Emageia reserves the right to limit Account access and the right to terminate this Agreement without prior notice for any of the following: (a) Reporting unauthorized or unusual credit card (b) Consistently failing to follow the process mentioned by Emageia (c) Sending unsolicited email (d) Using the Emageia Payment Portal account to facilitate fraudulent activity (e) Violating this User Agreement in any way (f) Using an anonymizing proxy (g) Receiving excessive complaints from Customers about the Customer’s account, business or service (h) Submitting altered verification documents.

Actions Resulting from Engagement in Restricted or Prohibited Activities

If Emageia has a reason to believe or suspect that the Customer has engaged or plan on engaging in any restricted or prohibited activities, Emageia may take various actions to protect Emageia Payment Portal  other users or the Customer from reversals, Chargebacks, claims, fees, fines, penalties and any other activity that may render Emageia Payment Portal liable.

The actions Emageia may take include but are not limited to the following: Emageia may close, suspend or limit the Customer’s access to the Customer’s Emageia Payment Portal account (such as limiting access to any of the Customer’s payment methods and/or the Customer’s ability to make payments). Emageia may refuse to provide the Emageia Payment Portal services to the Customer in the future. Emageia may at any point ask for information regarding the Customer’s business and Emageia may take legal action against the Customer.  Emageia Payment Portal will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on said limitations. By following this User Agreement, the Customer can help protect the account from becoming limited.

CUSTOMER’S INSTRUCTIONS

• The Customer shall be fully responsible for all Customer Instructions given and payments/transactions effected by the use of a Password attributable to one of its Users. The Customer and/or the Users concerned shall not be entitled to disclaim responsibility for Customer Instructions so given without the Customer’s knowledge or authority and/or without the knowledge or authority of a
• Emageia shall not be responsible for any consequences whatsoever of any Customer Instructions being inaccurate or incomplete. The customer undertakes to notify Emageia immediately by writing addressed to Emageia System Administrator of any known or suspected unauthorized access or unauthorized transaction and in the event of such notification Emageia shall take reasonable steps to avoid the occurrence of loss or damage by such unauthorized access or transaction.

CONFLICTING INSTRUCTIONS

Emageia shall be entitled, but not obliged, to accept Customer Instructions as instructions which have been properly authorized by the customer, notwithstanding that such instructions conflict or may conflict with or are in anyway inconsistent with any other instructions received by Emageia relating to any of the Customer’s accounts or transactions. However, Emageia may in its absolute direction reject or refuse to act on any Customer Instruction without notice and without assigning any reason to the Customer. Emageia is under no obligation to cancel or amend any payment or other instruction after it has been transmitted to the Emageia Payment Portal. However, Emageia may use its reasonable efforts to act on a request made by the Customer for cancellation or amendment of a payment, remittance or other instruction prior to the Emageia’s execution of such instruction, but Emageia shall not be liable in any manner howsoever if such cancellation or amendment is not effected.

OBLIGATION OF THE CUSTOMER

The duties obligations liabilities and covenants of the Customer shall be in addition to, and not in substitution or derogation of the provisions of any other agreements mandates or document, whatsoever executed by the Customer in favour of Emageia and the rights/ entitlements of the Customer under these presents, shall always be subject to the performance of all duties obligations liabilities and covenants by the customer under these presents or other agreements, mandates and documents.

CONFORMITY OF FACILITY

• The Customer agrees that Emageia does not warrant or guarantee (whether express implied or otherwise), the fitness, suitability or the performance of Emageia Payment Portal facility.

• The Customer agrees and accepts that Emageia cannot guarantee that the operation of Emageia Payment Portal facility will be uninterrupted or error free. Emageia will perform its utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, the Customers access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction

AGENT OF THE CUSTOMER

• The Customer hereby appoints Emageia as the Customer’s agent for the purpose of:

• Instructing on the Customer’s behalf any relevant institution to transmit or otherwise communicate to Emageia and/or its IT Division any information concerning the Customer and the Customer’s account(s) whether now in existence or opened hereafter with any such institution; and
• Agreeing on the Customer’s behalf with any relevant Institution that the provisions of this undertaking shall mutatis mutandis apply as between the Customer and such Institution (references in these clauses to Emageia being deemed to be references to such Institution and references in these clauses to Emageia Payment Portal facility being deemed to include references to any similar services provided by such Institutions.)

INFORMATION TO THIRD PARTIES

The Customer authorizes Emageia to provide third parties with such information relating to the Customer and the Customer’s account(s) as may, in Emageia’s reasonable opinion, be necessary in order to comply with the order of any court, government agency or lawful authority in any jurisdiction.

DELAY & FAILURE TO PROVIDE SERVICE

The Customer agrees that Emageia shall not be liable to the Customer for any loss or damage whatsoever which the Customer may suffer if Emageia is delayed or prevented from providing the Customer with the Emageia Payment Portal facility or any other service by reason of strikes, industrial dispute, failure or suspension of power supplies or telecommunication system or other system or equipment or any other causes beyond Emageia’s control, including technical causes in Emageia’s computer or software systems, whether such causes constitute force majeure or not.

LIABILITY

• Emageia’s Liability

1. If the Customer has a dispute with one or more Users, the Customer releases Emageia Payment Portal from any and all claims, demands and actual/consequential damages related to Customer’s transaction(s) with said User(s) unless this results from wrongful or negligent acts attributable to Emageia. Emageia provides its services “as is” without any warranty or condition.
2. Emageia makes reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards and cheque issuances are processed promptly. Emageia makes no representations or warranties regarding the amount of time needed to complete transactions because the Service is largely dependent upon many factors outside of its control.
3. Under no circumstances will Emageia be liable for any lost profits, special, incidental or consequential damages arising out of or in connection to the Site, its Service or this Agreement. Under no circumstances shall Emageia’s liability to the Customer exceeds the amount of the revenue earned from transactions carried out by the Customer in the three months prior to the event leading to liability.

• Customer’s Liability

1. If the Customer does not report unauthorized transactions in Customer’s Emageia Payment Portal account, the Customer will be liable for any resulting damages. Emageia will do what it can to recover the funds, but if we are unable to recover them, Customer will assume responsibility for the losses.
2. Customer’s Emageia Payment Portal account is protected by a password. As long as the Customer  keeps the password confidential, no one will be able to access the information in Customer’s  Emageia Payment Portal account. If a member shares their password with others or allows others to discover and use their password with the account, the account holder is giving access to the information in the account and assumes all responsibility for transactions in this account.
3. Please note that all activities performed on the Customer’s account while logged in will be assumed to be performed by the account holder. The account holder also understands that delegating authority to operate his account also amounts to ownership of any and all activities performed on his account. This includes but not limited to; Integrations and configurations, Business registration and verification, Transactions, Account settings and Use of Emageia Payment Portal’s business solutions.
4. Note that any User must be logged in to perform business verification.
5. Under no circumstances shall the Customer’s liability to Emageia exceeds the amount of the revenue earned from transactions carried out by Emageia in the three (3) months prior to the event leading to liability.
6. The Customer agrees that if either the Customer or Emageia begins litigation or arbitration, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in addition to any other relief to which the prevailing party may be entitled.
7. The Customer agrees to indemnify and hold Emageia harmless for unauthorized transactions done through the Site. It is very important to contact Emageia immediately if the Customer believes the Customer’s account has been compromised or if someone has transferred money through Customer’s account without Customer’s permission. Notifying Emageia as soon as possible will limit Customer’s liability.

VALIDITY AND ENFORCEABILITY OF INSTRUCTIONS

The Customer agrees not to contest and to be bound by the validity or enforceability of messages including Customer Instructions transmitted electronically between the parties as part of the provision and use of Emageia Payment Portal  facility. Any messages, if introduced as evidence in any judicial or other proceedings, will be admissible as between the parties subject to the same conditions as other records that are maintained in documentary form and the parties shall not bring into question or dispute the admissibility as evidence of messages exchanged and stored on the basis of this agreement.

ENTIRETY OF THE AGREEMENT

• This Agreement and Privacy Policy constitutes the entire agreement between Emageia and the Customer relating to the use of the Emageia Payment Portal facility, but any other agreement(s) between the parties relating to the conduct of the Customer’s account(s) with Emageia by means other than “Emageia Payment Portal” facility shall be unaffected.

• Each of the provisions of this Agreement is severable and distinct from the others and, if one or more of them is or become illegal, invalid or unenforceable, the remainder shall not be affected in any way by reason of such illegality, invalidity or unenforceability.

ALTERATION TO AGREEMENT

• Emageia reserves the right to change by way of alteration, addition, deletion or amendment the terms and conditions contained in this agreement with a simple notice giving the effective date to the If the Customer does not agree with such changes, the Customer shall terminate this agreement on or before the effective date of change by giving written notice of termination prior to the effective date. If the Customer does not give such written notice of termination it shall be deemed that the Customer has accepted the change.

• Notwithstanding any law or practice to the contrary, the Customer agrees and accepts that the Emageia Payment Portal facility is a general service provided by Emageia to customers and Emageia shall have the absolute and unquestionable right and authority to change any term or condition of this agreement and that the Customer’s only remedy is to terminate this agreement.

RECORDING

Emageia may (but shall not be obliged to) record and the Customer hereby consents to Emageia recording all transactions, remittances effected and instructions given by using Emageia Payment Portal facility in discs and/or any other method or medium and the customer agrees that the only evidence of such transaction or instruction shall be such recording by the Emageia and such recording shall be conclusive and binding on the customer and will remain the property of Emageia.

JOINT AND SEVERAL LIABILITY

If there is more than one person as Customer then under these terms and conditions apply,

• Liabilities and obligations of each of them shall be joint and several,

• Reference to the Customer shall be construed, as the context, to any or each of them,

• Each of them shall be bound even though any other Customer of any person intended to be bound hereby is not, and

• Emageia shall be entitled to deal separately with the Customer on any matter, including the discharge of any liability to any extent, without affecting the liability of any other Customer.

INDEMNITY

The Customer shall keep Emageia indemnified at all times against claims, demands, actions, proceedings, damages, losses, costs, and expenses which may be brought against or incurred by the Emageia and which shall or may arise directly or indirectly out of or in connection with the “Emageia Payment Portal” facility consequent to any failure breach negligence commission omission or representation (including representations contained herein) on the part of the Customer or its agents or servants unless due to the willful default of Emageia and this indemnity shall continue to be valid and effectual notwithstanding the termination of these presents.

TERMINATION

Either party may terminate this Agreement on thirty (30) days’ notice to the other provided that Emageia shall be entitled to terminate this Agreement immediately in the event of a material breach or threatened breach of it by the Customer or upon closure of the Customer account(s) with Emageia or in the opinion of Emageia the Customer or any of its employees or agents pose a potential threat to the security of Emageia Payment Portal facility.

EFFECT OF TERMINATION

Upon termination for any reason the Customer’s ability to use Emageia Payment Portal facility and any material or information provided for that purpose shall cease forthwith and the Customer shall immediately return to Emageia all materials, including all copies thereof, and erase any content related to Emageia of held on storage and the Emageia shall be entitled to destroy or make ineffective all Passwords given to Prime Delegates of such Customer.

NOTICE

Any notice or communication to be given pursuant to this agreement shall be sufficient.

GOVERNING LAW AND JURISDICTION

All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement hereto shall be governed by, and construed in accordance with, the Laws of the State of Victoria, Australia. without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Victoria or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Victoria, Australia. In furtherance of the foregoing, the internal law of the State of Victoria, Australia shall control the interpretation and construction of this Agreement, even though under that jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily apply.

DECLARATION

I, (the “Customer”) hereby request Emageia to permit me the use of Emageia Online Payment Solution facility named “Emageia Payment Portal” and in considering of doing so, I agree, undertake, bind and oblige ourselves and my successors as stated above.