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 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.
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.
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.
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.
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.
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
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.
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
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.
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
AGENT OF THE CUSTOMER
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.
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
ALTERATION TO AGREEMENT
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,
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.
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.
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.
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.