Terms and Conditions

1. Definitions and Interpretation

1.1 Definitions:

• Account means your registered account with GANI Pay, if applicable.
• Agreement means these Terms, including any amendments or supplementary terms that may apply to specific features of GANI Pay.
• Applicable Laws means all relevant laws, regulations, and legal requirements of the Commonwealth of Australia, the State of New South Wales, and any other relevant jurisdiction.
• Customer means an individual or entity who uses GANI Pay to make a payment to a Merchant.
• Merchant means a business or individual registered with GANI Pay to receive payments for Merchant Services from Customers.
• Merchant Services means any products, services, or offerings made available by the Merchant to a Customer for which payment is processed via GANI Pay.
• You or your means you acting either as a Merchant or a Customer (as applicable).

1.2 Interpretation:

• Headings are included for convenience only and do not affect interpretation.
• Words in the singular include the plural and vice versa.
• References to a person include a natural person, company, corporation, partnership, or any other entity.

2. Acceptance of Terms

2.1 Binding Contract: By using, accessing, or registering for GANI Pay, you agree to be bound by these Terms. If you do not agree, do not access or use GANI Pay.

2.2 Updates to the Terms: We may modify or update these Terms at any time by posting the revised version on our website or through the GANI Pay interface. Your continued use of GANI Pay after any update constitutes acceptance of the revised Terms.

3. Scope of Service

3.1 Payment Platform: GANI Pay is a payment platform that facilitates the transfer of funds from Customers to Merchants. GANI Tech does not provide banking services and is not a deposit-taking institution.

3.2 No Guarantee of Merchant Services: GANI Tech is not responsible for the quality, safety, legality, or any other aspect of the Merchant Services. Disputes regarding Merchant Services must be resolved between the Merchant and the Customer.

3.3 No PayTo Services: GANI Pay does not currently offer PayTo services. Any references to direct debits or PayTo in external sources do not apply under these Terms.

4. Merchant Obligations

4.1 Merchant Registration: Merchants must register with GANI Pay by providing accurate and complete information. You warrant that all information provided is true and up to date.

4.2 Compliance with Laws: Merchants must comply with all Applicable Laws relating to the provision of Merchant Services, consumer protection, privacy, and data security.

4.3 Accuracy of Information: Merchants are responsible for describing their Merchant Services accurately to Customers. GANI Tech will not be liable for incorrect, incomplete, or misleading information provided by Merchants.

4.4 Fees and Taxes: Merchants are solely responsible for calculating, collecting, remitting, and reporting any applicable taxes, fees, or charges in connection with the Merchant Services or any related transactions.

4.5 Prohibited Use: Merchants must not use GANI Pay to process payments for any illegal or prohibited activities under Applicable Laws.

4.6 Account Security: Merchants must safeguard login credentials, payment information, and other sensitive data. GANI Tech is not liable for unauthorised transactions resulting from a failure to maintain the security of account credentials.

5. Customer Obligations

5.1 Payment Authorisation: By initiating a payment using GANI Pay, the Customer authorises the funds to be transferred from the chosen payment method to the Merchant.

5.2 Accuracy of Payment Details: The Customer must provide accurate and current payment information and ensure sufficient funds or credit to complete each transaction.

5.3 Disputes: If a Customer disputes a charge relating to the Merchant Services, the Customer must resolve the dispute directly with the Merchant. GANI Tech is not responsible for any disputes regarding the quality or delivery of Merchant Services.

5.4 Compliance with Laws: Customers must not use GANI Pay for any illegal or fraudulent activities.

6. Transaction Processing

6.1 Authorisation: GANI Tech may need to verify certain payment details or account information before processing a transaction. We reserve the right to refuse or cancel any transaction if there are concerns about fraud, unlawful activity, or breach of these Terms.

6.2 Timing: GANI Tech will endeavour to ensure timely transfer of funds. However, actual settlement times may vary due to banking or technical delays beyond our control.

6.3 Transaction Limits: GANI Tech may, at its sole discretion, impose transaction limits (such as maximum or minimum transaction amounts), hold periods, or other controls to prevent fraud or manage risk.

6.4 Currency Conversion: If a currency conversion is necessary, you agree to any applicable exchange rate and fees that may apply, as determined by GANI Tech or third-party financial service providers.

7. Suspension and Termination

7.1 Suspension: GANI Tech may suspend your access to GANI Pay (in whole or in part) without prior notice if we suspect fraudulent activity, security breaches, or any violation of these Terms or Applicable Laws.

7.2 Termination:

(a) By GANI Tech: We may terminate or discontinue GANI Pay at any time for any reason, including but not limited to breach of these Terms or if required by law.

(b) By You: You may terminate your use of GANI Pay by ceasing all access and use. If you are a Merchant, you may need to provide written notice to GANI Tech to close your account.

7.3 Effects of Termination: Upon termination, any rights granted under these Terms will immediately cease. Any provisions which by their nature should survive termination (e.g., indemnities, disclaimers of warranties, limitation of liability) will remain in effect.

8. Fees

8.1 Service Fees: GANI Tech may charge Merchants fees for the use of GANI Pay. Such fees (if any) will be communicated separately and may be subject to change from time to time.

8.2 Third-Party Charges: You are responsible for any third-party fees, including bank charges, currency exchange fees, or data fees that may arise from using GANI Pay.

9. Intellectual Property

9.1 Ownership: All rights, title, and interest in and to GANI Pay (including but not limited to software, trademarks, and logos) are owned or licensed by GANI Tech.

9.2 Restrictions: You must not modify, distribute, sell, lease, reverse engineer, or otherwise exploit GANI Pay or any part of it, unless expressly permitted in writing by GANI Tech.

9.3 Feedback: By submitting any suggestions or feedback (“Feedback”) to GANI Tech, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate such Feedback into GANI Pay.

10. Privacy and Data Protection

10.1 Collection of Data: We may collect personal information (including payment details) from Merchants and Customers for the purpose of providing GANI Pay.

10.2 Use of Data: We will handle personal information in accordance with our Privacy Policy and Applicable Laws. By using GANI Pay, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

10.3 Data Storage: You acknowledge that GANI Tech may store or process personal information on servers located in Australia or in other countries. We take reasonable steps to ensure data security but cannot guarantee absolute protection against unauthorised access.

11. Limitation of Liability

11.1 Australian Consumer Law: Nothing in these Terms is intended to exclude or restrict any consumer guarantees, rights, or remedies that you may have under the Competition and Consumer Act 2010 (Cth) or any other Applicable Laws that cannot be excluded by contract.

11.2 Exclusion of Warranties: To the maximum extent permitted by law, GANI Tech provides GANI Pay “as is” and makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Service or the availability, timeliness, or accuracy of GANI Pay.

11.3 Limitation of Liability: Except for liability arising under non-excludable rights (including under the Australian Consumer Law), GANI Tech's maximum aggregate liability to any party in connection with GANI Pay or these Terms (whether in contract, tort, or otherwise) shall be limited to the fees paid by the Merchant to GANI Tech (if any) in the six (6) months preceding the event giving rise to liability or AUD $100, whichever is greater.

11.4 No Liability for Indirect Loss: GANI Tech shall not be liable for any indirect, consequential, special, or incidental losses, including but not limited to lost profits, lost business opportunities, or reputational damage.

12. Indemnity

12.1 General Indemnity: You agree to indemnify and hold harmless GANI Tech and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, expenses, or losses (including reasonable legal fees) arising out of or in connection with:

(a) your use of GANI Pay;

(b) your breach of these Terms or any Applicable Laws;

(c) any dispute between a Merchant and a Customer relating to Merchant Services or payments.

13. Disputes and Governing Law

13.1 Dispute Resolution: In the event of a dispute arising out of or in connection with these Terms, the parties must first attempt to resolve the matter in good faith through negotiations.

13.2 Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any legal matter arising under or in connection with these Terms.

14. Miscellaneous

14.1 No Waiver: A failure or delay by GANI Tech to exercise any right or remedy under these Terms does not operate as a waiver of that right or remedy.

14.2 Severability: If any provision of these Terms is deemed invalid or unenforceable, that provision will be severed from these Terms and the remaining provisions will remain in full force and effect.

14.3 Entire Agreement: These Terms constitute the entire agreement between you and GANI Tech regarding GANI Pay and supersede all prior or contemporaneous understandings, representations, or agreements, whether written or oral.

14.4 Force Majeure: GANI Tech will not be liable for any delay or failure in performance resulting from events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or government actions.

14.5 Assignment: You may not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without GANI Tech's prior written consent. GANI Tech may assign or transfer its rights under these Terms at its sole discretion.

14.6 Notices: Any notices or communications under these Terms must be in writing and addressed to GANI Tech at the contact details specified on the GANI Pay website or as otherwise notified by us.