26. Definitions and interpretation
26.1 Some of the terms used throughout this Agreement are defined below to assist you with reading this Agreement.
Accepted Currencies
Australian Dollar, US Dollar, Canadian Dollar, Euro, Pound Sterling, Japanese Yen, New Zealand Dollar, Swiss Franc, Hong Kong Dollar, Singapore Dollar, Swedish Krona, Danish Krone, Polish Zlotych, Norwegian Krone, Hungarian Forint, Mexican Peso, Israeli New Shekel, Czech Koruna, Taiwan New Dollar, Thai Baht, Philippine Peso and Brazilian Real.
Additional User
An individual or entity selected by the Primary Authorised User to have access to the business account.
Agreement
This agreement, together with any policies and documents incorporated by reference.
Chargeback
A challenge to a payment that a buyer files directly with his or her Card provider. The decision for a Chargeback is made independently by the Card provider. We are bound to follow their instructions.
Commercial Entity
A “Commercial Entity” or similar term as defined by the rules of a card association.
Commercial Transaction
A payment that is sent or received for goods or services.
Confirm Your Identity
Our process for verifying your identity or details about your business in connection with our obligations under the anti-money laundering and counter-terrorism financing laws and “know your customer” requirements. This process may require us to obtain information and documentation from you.
Consequential Loss
Any loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
Consumer Guarantee
A right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) or other rights in relation to the supply of goods or services (such as terms implied into a contract by the Australian Securities and Investments Commission Act 2001 (Cth) or any equivalent State or Territory legislation) that cannot lawfully be excluded.
Card
A Credit Card or Debit Card.
Credit Card
A Visa, MasterCard, American Express or Discover/Diners credit card.
Debit Card
A Visa or MasterCard debit card.
Insolvency Event
The happening of any of these events:
(a) You suspend payment of debts or cannot pay debts as and when they fall due;
(b) Where you are a body corporate:
- – You become an externally-administered body corporate under the Corporations Act 2001;
- – Steps are taken by any person towards making you an externally-administered body corporate;
- – A controller (as defined in section 9 of the Corporations Act 2001) is appointed for any of your property or any steps are taken for the appointment of a controller (but not where the steps taken are reversed or abandoned within 14 days); or
- – You are taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001; or
(c) Where you are a natural person:
- – You authorise a registered trustee or solicitor to call a meeting of your creditors or propose or enter into a deed of assignment or deed of arrangement or a composition with any creditors;
- – A person holding a security interest in your assets takes any steps to or enters into possession or control of any of those assets; or
- – You commit an act of bankruptcy; or
(d) An event happens analogous to an event specified above to which the law of another jurisdiction applies and the event has an effect in that jurisdiction similar to the effect which the event would have had if Australian law applied.
Mass Payment
Functionality that allows premier and business account holders to send money to multiple recipients simultaneously.
Nominated Bank Account
A bank account you hold with a financial institution in Australia that you link to your account.
Payment Method
Nominated Credit Card, account balance or any other payment method offered or accepted by youchamp from time to time.
Payment Review
The process by which we review potentially high-risk transactions sent from or to your account.
Primary Authorised User
The individual given responsibility to make decisions in respect of a business account on behalf of the entity that owns it.
Reversal
A payment that you received which youchamp returns to the sender or another third party because:
- – A Chargeback was received,
- – The buyer’s bank reversed the payment,
- – A claim is successfully filed via the youchamp Resolution Centre, or
- – The transaction was unauthorised.
Services
The payment processing services provided by us and available through your youchamp account.
youchamp, we ,us and our
DigiGround Pty Ltd ABN 65 613 017 324
26.2 In this Agreement, unless stated otherwise:
- – References to currency mean Australian Dollars;
- – References to singular mean plural and vice versa;
- – Headings are used for convenience only and do not affect the interpretation of this Agreement;
- – Other grammatical forms of defined words or expressions have corresponding meanings;
- – A reference to a document includes the document as modified from time to time and any document replacing it;
- – The word “person” includes a natural person and any body or entity whether incorporated or not;
- – A reference to a thing includes a part of that thing;
- – A reference to all or any part of a statute, rule, regulation or ordinance includes that statute, rule, regulation or ordinance as amended, consolidated, reenacted or replaced from time to time; and
- – Wherever “include” or any form of that word is used, it must be construed as if it were followed by “(without being limited to).”
26.3 If any provision of this Agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. This Agreement will otherwise remain in full force and effect and be enforceable.
