terms and conditions2018-08-08T15:31:49+00:00

1. How this Agreement works

1.1 This Agreement is a contract between you and youchamp. It sets out the terms and conditions that apply to your use of our Services. You agree that your use of our Services shall constitute your acceptance of this Agreement.

1.2 If you do not want to be bound by this Agreement, you must stop using our Services. The Agreement will continue to apply to your previous use of our Services.

1.3 Before you sign up for our Services, you must read any policy updates on our website. All future changes set out in a policy update are incorporated by reference into this Agreement. The changes will take effect on the date specified.

1.4 The following policies are incorporated into this Agreement by reference:

Privacy Policy for youchamp Services;

We recommend that you store or print a copy of this Agreement (including all policies) for your records.

1.5 To the extent of any inconsistency between this User Agreement and any policy identified in clause 1.4 above, the incorporated policy will prevail.

1.6 We warrant that we will comply with the ePayments Code. Further information about the ePayments Code can be found at the Australian Securities and Investment Commissions website at www.asic.gov.au.

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2. Amendments to this Agreement

2.1 We may amend this Agreement at any time, for example if we change the functionality of our Services or as required by law.

2.2 We will post any revised version of this Agreement on our website. With the exclusion of any substantive changes referred to in clause 2.3, the revised Agreement will take effect as soon as it is posted on our website.

2.3 If we make any substantive changes to this Agreement which may negatively impact your use of our Services in a material way, we will provide you with 30 days’ prior notice by posting notice of the change on the DigiGround social media platforms as well as emailing our current user base. You agree to receive such notices in this way.

The changes will take effect on the date specified on the new policy, which will be at least 30 days after we send the notification email to you.

2.4 Subject to clause 2.3, we may not provide 30 days prior written notice where we add new functionality to our Services.

2.5 By continuing to use our Services after any amendments to this Agreement, you agree to abide and be bound by any changes. If you do not agree with any changes we make to this Agreement, you may terminate this Agreement by closing your account.

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3. Our relationship

ABOUT US

3.1 We act as a payment service provider. We do not have any control over, and are not responsible or liable for, the products or services paid for with our Services. We cannot ensure that a user you are dealing with will complete the transaction.

3.2 We do not:

  • Act as a common carrier or public utility;
  • Pay interest on balances kept in your account;
  • Act as an escrow agent with respect to any funds kept in your account;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Guarantee the identity of any buyer or seller;
  • Determine if you are liable for any taxes; or
  • Unless otherwise expressly set out in this Agreement, collect or pay any taxes that may arise from your use of our Services.

NO WARRANTY

3.3 We do not give any express warranty as to the suitability of our Services.

3.4 We do not give any implied warranties, except for those implied under the Australian Securities and Investments Commission Act 2001 or Competition and Consumer Act 2010.

3.5 We will use all reasonable efforts to ensure requests for electronic debits and credits involving bank accounts and Cards are processed in a timely manner. We make no representations or warranties regarding the amount of time needed to complete processing.

3.6 We do not guarantee continuous, uninterrupted or secure access to our Services.

ELIGIBILITY

3.7 To be eligible to use our Services you must:

Be:

  • Be capable of forming a legally binding contract;
  • Hold a valid mobile phone number; and
  • Hold a valid email address.

TRANSFER OR ASSIGNMENT

3.8 You cannot transfer or assign any rights or obligations you may have under this Agreement without our prior written consent.

3.9 We may transfer or assign this Agreement, and any right or obligation under this Agreement to a third party without your consent. We will notify you in advance of such a transfer or assignment.

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4. Important things you should know

4.1 This is an important document which you must consider carefully when using our Services.

4.2 Before using our Services you should understand the potential risks set out in this document.

4.3 Potential user risks include:

HOLDS ON FUNDS

Funds you receive may be placed in your account balance as pending. You won’t have access to those funds unless the hold is released in accordance with this Agreement. Holds are usually placed for up to 21 days.

  • We need to help ensure the integrity of a transaction; or
  • We believe there is an increased risk associated with you, your account or any transactions in your account.

See clause 15.

LIMITING YOUR ACCOUNT

  • We may limit access to your account, restricting:
  • Access to your funds; and/or
  • Your ability to send or receive funds and make withdrawals.
  • We believe there is an increased risk associated with you, your account or any transactions in your account; and/or
  • You are unable to Confirm Your Identity.

See clause 16.

CHARGEBACKS

Payments may be subject to a Chargeback and reversed at a later time. If this occurs, you may be required to pay a Chargeback fee based on the fees charged to youchamp and/or DigiGround.

This may occur because The Invitee’s Card provider has determined a payment should be reversed.

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5. Fees
All fees are set out below. You agree to pay all fees as they become due and payable.

Total Group Value youchamp Usage Fee
$100 to $499 $1
$500 to $2,499 $5
$2,500 and above $10

All users paying by credit card must pay the credit card surcharge assigned by our credit card payment provider which is 1.75% of the total plus $0.30 per transaction. Our credit card provider is Stripe.

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6. Opening an account

6.1 You are required to provide your real name, email address and a mobile phone number to open an account with youchamp.

6.2 To create groups you are required to provide valid bank account details and valid credit card details. You will not be able to create a group without a complete profile including these details.

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7. Your obligations when you open an account

7.1 If you open and hold an account with us you must:

  • Pay any fees associated with your use of our Services and your account;
  • Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through the app;
  • Provide to us in a timely manner all documentation relating to your identity or the identity of those with authority to operate your account (including Additional Users), if requested by us;
  • Not use your account or our Services for any unlawful, fraudulent or improper activity;
  • Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
  • Be aware of and pay any taxes that apply to the payments you send or receive; and
  • Not allow others to use your account.

7.2 You authorise us to disclose Card-related profile and purchase behaviour information to card associations and our acquiring banks for the purpose of eliminating fraud and illicit behaviour.

7.3 When using our Services you must not:

  • Provide false, inaccurate or misleading information;
  • Act fraudulently or be involved in the sale of counterfeit or stolen items;
  • Use our Services to provide yourself a cash advance from your Card (or help others to do so);
  • Display youchamp as an accepted payment method and subsequently prohibit the use of youchamp, indicate that you will not accept specific forms of youchamp payment, or otherwise discourage the use of youchamp;
  • Breach the youchamp Acceptable Use Policy;
  • Be defamatory, unlawfully threatening or harassing;
  • Transmit any computer viruses or malicious code;
  • Create liability for us or cause us to lose (in whole or in part) the services of our suppliers;
  • Allow anyone else to have or use your Payment Methods or password details;
  • Use, or attempt to use, our Services for purposes other than sending and receiving payments and managing your account, including tampering, hacking, modifying or otherwise corrupting the security or functionality of our Services; or

7.4 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

7.5 If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, you acknowledge that:

  • We may disclose information specifically authorised by you about your account to the third party;
  • Granting permission to a third party to take specific actions on your behalf does not relieve you of any responsibilities under this Agreement; and
  • You will not hold us responsible for, and will indemnify us from, any liability arising from the actions or inactions of this third party in connection with permissions you grant.
  • You may change or remove these permissions at any time by logging into your account.

7.6 You authorise youchamp to be entitled to the funds in your account and acknowledge that youchamp may hold or withdraw funds on your behalf:

  • For risk management reasons;
  • To pay fees to youchamp or a third party;
  • To pay another person or youchamp as a consequence of a refund, Reversal, Chargeback or claim;
  • To cover the negative balance in another account you hold with us or is determined to be associated with you in accordance with clause 16.3;
  • To combine the accounts you hold with us; or
  • To convert to a foreign currency.

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8. Using your account

8.1 You may choose to carry a balance in your account. However, we may be required you to recover funds owing to us by charging your nominated credit card funds to cover Reversals or repay a negative balance.

8.2 You acknowledge and agree that youchamp is entitled to any interest earned on funds held on your behalf, and that interest will not be paid into your account.

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9. Sending funds

9.1 You may use your account to send funds to third parties. Your ability to send funds will be subject to any funding restrictions imposed by the provider of your applicable Payment Method.

9.2 As part of our risk assessment procedures, and as required by law, we may from time to time request information (such as photo identification) from you to Confirm Your Identity before you can send funds to third parties.

9.3 You are responsible for ensuring the accuracy of information you provide about the recipient of a payment, including the email address or mobile number to which the payment is sent and the amount of the payment.

9.4 We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law, statute, ordinance or regulation. For example, we may refuse to process a payment:

  • Sent to a person or country sanctioned by the United Nations, the United States government or Australian government; or
  • Where we believe there is a legal or regulatory risk or a risk of loss being suffered by us or our users.

9.4 When you send funds you authorise us to:

  • Debit funds on your behalf from your nominated credit card;
  • Transfer the funds to the recipient according to your instructions and subject to this Agreement; and
  • Resubmit any debit, or submit it to nominate another credit card, if it is returned for insufficient or uncollected funds.

9.5 You remain the owner of the funds sent until they are transferred to the recipient as authorised by you. However, you will not be able to withdraw or send the funds to another third party unless they are returned to your account.

9.6 To the extent required to assist in protecting the integrity of our system, prevent fraud and limit the risk of money laundering and terrorism financing we may, at our discretion, not accept a Payment Method or ask you to add another Payment Method.

9.7 We are not responsible for any payments that are restricted or declined by the provider of a Payment Method.

Expired Payment Methods

9.8 We will not debit your applicable Payment Method if it has expired. We may remove expired Cards from your account. You can re-add any Card with a valid expiry date.

9.9 You are usually able to refund a payment within 60 days of the date of the transaction. This may be limited or not permitted in some circumstances, for example where a Chargeback has been filed.

9.10 In some circumstances, a member may refuse a payment. We are not liable for any damages resulting from a member’s decision to not accept a payment made through our Services.

9.11 If your payment is refused or refunded the funds will be returned to you, usually one business day after the funds were refused or refunded

Sending limits

9.12 To the extent required to assist in protecting the integrity of us, our system or our users from loss, or to prevent fraud and limit the risk of money laundering and terrorism financing, we may do the following at our discretion before you are able to send funds from your account:

  • Impose Sending Limits on your account per transaction, per calendar month or per calendar year; or
  • Request the details of an additional Card you hold.

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10. Special Offers

10.1 You may receive promotional offers from youchamp such as vouchers and other deals (together “Offers”) that can be applied to groups you create.

10.2 Offer terms apply to refunds for items purchased using the Offer. The refunded amount may go back to the Offer, your Payment Method for the transaction, your youchamp balance or a combination of the above. If you redeem an Offer with a discount and you seek a refund, you will receive the refund minus the discount value.

10.3 Offers may be subject to terms provided with the Offer. youchamp is not liable to you in the event of a technical failure to deliver the Offer details to the merchant or if you fail to use any Offer prior to expiration. youchamp is not responsible for Offer terms.

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11. Receiving funds

11.1 If you receive funds through our Services you must pay any applicable fees for receiving the funds into your account;

WITHDRAWING FUNDS

11.2 Funds can be withdrawn by transferring them to your Nominated Bank Account. Funds cannot be transferred to your Card.

11.3 You may withdraw any balance in your account provided:

  • You have linked a Nominated Bank Account to your account;
  • The balance is not subject to a hold;
  • We have not limited your account;
  • Your account, or an associated account (determined in accordance with clause 16.3), does not have a negative balance in any currency. If your account, or an associated account, has a negative balance we may cancel any withdrawals you have initiated which are pending; and
  • You are not subject to a withdrawal limit under the youchamp Terms and Conditions.

11.4 If we have placed a hold on a transaction you may not withdraw the funds related to that transaction until the hold is released.

11.8 You must ensure the details of your Nominated Bank are correct. If you request funds be withdrawn and the details are incorrect, you are liable to pay a bank return or dishonour fee.

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12. Recovery of payments owed

12.1 From the time that you receive the payment, you will owe us for the amount of the transaction (including any applicable fees imposed on us), and that liability will be cancelled only when we receive irrevocable payment in full. Events that could lead to us not receiving payment in full include:

  • The funds received being later invalidated for any reason;
  • The funds received being subject to a Chargeback;
  • A Reversal occurring;
  • You having received payment from a youchamp account holder in another country and we determine under the youchamp Buyer Protection Policy of that country that the funds received should be returned or reversed.

12.2 If you owe any amount to us you agree to allow the recovery of these amounts by debiting your account promptly after we form a conclusion on reasonable grounds that payment will not be received in full for any reason.

12.3 If there are insufficient funds in your account to cover any amount you owe us the amount becomes immediately due and payable. You authorise us to satisfy any such monetary liability to us:

  • Debiting your account at a later date;
  • Debiting your selected Payment Method;
  • Setting off the credit balance of any account you have with us or any monetary liability we owe you in and towards satisfaction of your monetary liability to us; or
  • Any other legal means.

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13. Foreign currencies

13.1 You are responsible for all risks associated with maintaining balances in foreign currencies, including the risk that the value of these balances will fluctuate as exchange rates change.

13.2 You agree not to attempt to use foreign currency balances for speculative trading.

13.3 We process currency conversions using the prevailing wholesale exchange rate plus a percentage currency conversion fee which is retained by us.

13.4 In most instances, the specific exchange rate that applies to your multiple currency transaction will be displayed at the time of the transaction for conversions with youchamp. By proceeding with the transaction, you consent to and authorise youchamp to convert the currency. Where your payment is funded by a Card, you have the right to opt out of youchamp processing your currency conversion before you complete the transaction.

13.5 Where the exchange rate is not displayed, or you opt out of youchamp’s currency conversion, the currency conversion will be processed by your Card provider, not by youchamp. You authorise the transaction on the basis of your Card provider’s rates and charges, and we have no liability to you for that currency conversion.

13.6 When you send a payment in which you perform a currency conversion using youchamp (i.e. converting the currency in which you fund your payment into the currency to be received by the recipient) and later there is a refund, return or Reversal, we will generally reverse the currency conversion and complete the refund, return or Reversal in your funding currency using the exchange rate which prevailed on the date of the original transaction.

13.7 Some refunds, returns or Reversals may temporarily be made available in a currency other than the currency in which you funded your payment.

13.8 We may use funds held in any currency balance to recover amounts owed to us. In addition, funds from payments received will first be diverted to us to make up any negative currency balance.

13.9 If one of the currency balances in your account becomes negative, we will divert funds from any positive currency balance in your account to make up the negative balance before allowing you to withdraw funds.

13.10 We will convert all negative balances to an Australian Dollar balance after your account has maintained a negative balance for 21 consecutive days, except where the negative balance results from a pending Reversal where we are yet to conclude our investigation. You must repay such negative balances in Australian Dollars. If you repay such negative balance in a currency other than Australian Dollars, the amount you need to pay to address the negative balance may fluctuate in accordance with international currency movements.

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14. Sending and receiving funds in foreign currencies

SENDING FUNDS

14.1 You may send funds in any of the Accepted Currencies. There may be some restrictions, including:

  • Where you can send certain currencies; and
  • Whether your intended recipient can receive a payment.

14.2 You do not need to maintain a balance in the currency you would like to send a payment in.

14.3 If you are making a payment in a currency you maintain a balance for, the funds for the payment will be withdrawn from that balance first. Additional funds required for the payment will be withdrawn from any other balance you maintain in your account and then from another Payment Method.

14.4 If your balances do not cover the full amount of your payment and you pay with a Card that is not denominated in the currency of the payment, the remainder of the payment will be charged to the Card in the following way:

  • If your Card is denominated in an Accepted Currency, it will be charged in that currency.
  • If your Card is not denominated in an Accepted Currency, it will be charged in the currency of the payment.

RECEIVING FUNDS

14.5 Your account may hold balances in any or all of the Accepted Currencies with the exception of Brazilian Real.

14.6 Each of the Accepted Currencies held will display a separate balance in your account. Any payments you receive will automatically be credited to the balance for the corresponding currency. You do not need to maintain a balance in a particular currency to accept payments in that currency.

14.7 If you receive a payment in a currency which you do not hold, you will be asked to accept or refuse that payment. Premier and business account holders may override this by setting up payment receiving preferences as set out in clause 14.18.

14.8 You can set up your payment receiving preferences in the “Profile” section of your account to:

  • Automatically accept and convert payments to your primary currency. The payment will be converted at the current exchange rate at the time of payment receipt,
  • Automatically refuse payments received in a currency in which you do not hold a balance; or
  • Manually accept or refuse payments received in a currency in which you do not hold a balance.

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15. Holds on funds

15.1 We may hold funds in your account for a variety of reasons and in a variety of ways as set out below. We will notify you if we place a hold on any funds in your account, and the type of hold we’ve placed.

Why do we hold funds?

We hold funds to review and mitigate any actual or reasonably anticipated risk of us or our users being adversely affected.

In what ways may we hold funds?

Funds may be held in one or more of the following ways:

  • Specific transactions may be held in accordance with this clause 15;
  • Funds you receive may be subject to a release amount (clause 15.2);
  • Funds you receive may be subject to a reserve (clause 15.6); and
  • Your access to funds may be restricted because your account has been limited (clause 16).

When do we hold funds?

We hold funds when:

  • We need to ensure the integrity of a transaction;
  • We believe that there’s a risk associated with you or your account;
  • You receive a dispute, claim, Chargeback or Reversal in relation to any funds received into your account;
  • You do not meet certain seller or risk standards when listing on eBay; or

What do we consider before holding funds?

Before holding funds, we consider:

  • Information we collect when you create your account;
  • Publicly available information;
  • Your selling activity;
  • Information we receive from related third parties;
  • Whether the funds are related to an irregular or unusual transaction; and
  • Other related information.

The more you use your account, the more we know about your activity. As such, our risk assessment may change and we may increase or decrease the amount of funds we hold based on that changed assessment.

How long do we hold funds?

Transaction holds and release amounts

Except in the case of a reserve or account limitation, funds are usually held for 21 days. Funds may be held for longer than 21 days if:

  • We believe that the increased risk associated with you or your account remains after 21 days;
  • You receive a dispute, claim, Chargeback or Reversal relating to the transaction subject to the hold; and/or
  • We have taken another action permitted by this Agreement, such as when we need you to Confirm Your Identity.

We may release a hold earlier than 21 days where we reasonably believe that the relevant transaction has completed successfully. Funds held for buyer disputes may not be released until we consider the dispute resolved.

Reserves and limitations

If funds you receive are subject to a reserve, we will notify you how long funds will be held for at the time of setting the reserve. If access to funds is restricted because your account has been limited, you will usually gain access to those funds after the limitation has been lifted.

15.2 If you are an Arranger , we may limit the amount you can withdraw or use from your youchamp balance to help protect us and our users from the risk of financial or other loss. The amount of your youchamp balance that will be available for immediate withdrawal or use is called a “release amount”.

15.3 We will notify you of the terms of any release amount we apply to your account.

15.4 In the event you do not agree to the terms of a release amount, you may close your account unless otherwise prohibited under this Agreement. However, if your account is closed for any reason, we have the right to hold the amount retained in your youchamp account for up to 180 days.

Other conditions of held funds

15.5 You direct us to make any payments, Reversals or refunds from held funds to a person entitled to them in accordance with this Agreement.

15.6 We may remove held funds from your account in accordance with this Agreement.

15.7 Funds subject to a hold may be subject to a subsequent Reversal, Chargeback or claim, even after the hold has been released.

Payment review

15.8 If a transaction is subject to Payment Review, we will place a hold on it and provide notice to the seller to delay the shipment of the item. Transactions may be subject to a Payment Review because:

  • We have reasonable suspicion that a user’s Payment Method and/or youchamp account are being used in breach of this Agreement; or
  • For other reasons as determined by us in our reasonable discretion.
  • We will conduct a review and either complete or reverse the payment.

15.9 Transactions that complete Payment Review may still be reversed under the terms of this Agreement, but may be eligible for the youchamp Seller Protection Policy.

15.10 A transaction subject to Payment Review is not a representation by us as to the commercial dealings, character or reputation of a party to the transaction.

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16. Limiting accounts

16.1 If you have an account and we have reason to believe that it is being used for a purpose other than a personal, domestic or household purpose, we may limit or close your account.

16.2 If we hold a reasonable belief that there is an increased risk associated with your youchamp account or other service you receive from us, we may limit your access to sending, receiving or withdrawing funds for up to 180 days. We may take these actions beyond 180 days if we reasonably believe the risk still exists or are prohibited by law from releasing funds or unrestricting your account.

16.3 We may limit access to sending, receiving or withdrawing funds from your account if it is associated with another account or service you receive from us or a related entity (including another youchamp account or an account you hold with DigiGear or DigiGround) which has been limited, is not in good standing, or poses a risk to the integrity, security or reliability of us or our systems. We may determine your youchamp account is associated with another account or service by comparing information we or our related entity hold about you including names, email addresses, phone numbers or IP addresses.

16.4 The following is a non-exhaustive list of events which may lead to your account being limited:

  • Reports of unauthorised or unusual Card use associated with the account;
  • Reports of unauthorised or unusual bank account use associated with the account;
  • Multiple disputes received regarding;
  • Facilitation of fraudulent activity;
  • Excessive disputes or Reversals;
  • Attempts to “double dip” by receiving funds in a dispute both from us and through a Reversal or a refund from another user;
  • Refusal to cooperate in an investigation or Confirm Your Identity when requested;
  • Sending unsolicited emails or posting referral links on websites where they are not permitted;
  • Material breaches of this Agreement or its incorporated policies;
  • A risk assessment of your account conducted by us;
  • The name on the Nominated Bank Account or Card not matching the name on your account;
  • Return of an incoming electronic funds transfer for insufficient funds or incorrect bank details;
  • Use of an anonymising proxy;
  • Reports from credit agencies of a high level of risk;
  • Use of your account is deemed by us, Visa, MasterCard, Discover or American Express to constitute abuse of the card system or a violation of card association rules, including using our system to test card behaviours;
  • Logging in from a country not included in youchamp’s permitted countries list;
  • The occurrence of an Insolvency Event;
  • Failure to provide us with information about you or your business activities that we may reasonably request; and/or
  • Any other activities which we reasonably deem as high risk selling or receiving activity.

16.5 In assessing a risk, we will investigate your account and consider the reasonable risk of a Reversal, a breach or likely breach of this Agreement, or other potential losses occurring to us or our users.

16.6 If access to your account is limited, you will be notified and may be requested to provide information relevant to your account, a transaction or your identity.

16.7 Following our investigation, if we reasonably believe there is no longer a risk, we will restore access to your account, subject to any other actions we may take in accordance with this Agreement.

16.8 If we reasonably believe a risk still exists, we may take various actions to protect youchamp, our users, a third party, or you from Reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. The actions we may take include but are not limited to the following:

  • Return funds to the sender and restore access to your account;
  • Continue to limit your account access to protect us against the risk of Reversals, legal and/or regulatory risk or because we may be prohibited by law from releasing funds or unrestricting your account;
  • Close your account by giving you notice and returning any funds held in your balance to you minus funds in dispute. If you are later determined to be entitled to funds in dispute we will return those funds to you; or
  • Refuse to provide our Services to you in the future.

16.9 Ongoing failure to Confirm Your Identity may mean we are prohibited by law from releasing funds or unrestricting your account. Any funds in your account will be subject to applicable laws regarding unclaimed monies.

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17. Closing your account

17.1 Subject to clause 17.4, you can close your account at any time contacting us through our website at https://youchampapp.com/#support-ticket.

17.2 We may close your account if:

  • You breach this Agreement;
  • Your continued use of your account poses a risk to the integrity, security or reliability of us or our systems; or
  • We otherwise determine not to provide our Services to you, acting reasonably.
  • We will provide you notice if we close your account.

17.3 When your account closes, any pending transactions will be cancelled.

17.4 You may not be able to close your account where you have:

  • A negative balance;
  • A dispute in progress;
  • Any account restriction, limitation or hold; or

17.5 Any funds we are holding for you at the time of closure, less any fees, will be paid to you at youchamp’s discretion by direct deposit to your Nominated Bank Account.

17.6 You cannot use closure of your account as a means of evading investigation. If an investigation is pending at the time you close your account, we may continue to hold your funds for up to 180 days to protect us against the risk of Reversals. In some cases we may be prohibited by law from releasing funds or unrestricting your account. If you are later determined to be entitled to some or all of the funds in your account, we will release them to you.

17.7 You will remain liable for all obligations related to your account even after it is closed.

17.8 If you do not access your account for a period of 3 years, it may be closed. After the date of closure, we will use the information you provided to try to send you your available funds. If we are unable to send the funds to you they may be subject to the unclaimed monies laws.

17.9 The following clauses will survive any termination or expiry of this Agreement:

  1. Fees;
  2. Recovery of payments owed;
  3. Holds on funds;
  4. Limiting accounts;
  5. Closing your account;
  6. Intellectual property (except clauses 18.4 and 18.7);
  7. Complaints and disputes;
  8. Notices;
  9. Release;
  10. Limitation of liability;
  11. Indemnification;
  12. Assumption of rights; and
  13. Definitions and interpretation.

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18. Intellectual property

18.1 Our website and all content on our website is the exclusive property of DigiGround Pty Ltd.

18.2 Subject to clauses 18.5 and 18.6, you must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our website, or any of our content, logos, graphics, icons or other content published on our websites or in our printed media.

18.3 You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to exercise your copyright, publicity and database rights so we may adequately provide our Services to you.

18.4 You grant us the worldwide right to use and depict your business name, trademarks and logos on our website and in our mobile and web applications for the purpose of identifying your business and its products and services.

Use of our logos

18.5 You may use, without our prior written consent, HTML logos provided by us for the purpose of directing web traffic to our Services.

18.6 The logos must not be:

  • Altered, modified or changed in any way;
  • Used in a manner that is disparaging to us or our Services; or
  • Displayed in any manner that implies sponsorship or endorsement by us or implies that you are acting as our agent.

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19. Complaints and disputes

19.1 We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling processes and policies and relevant regulatory standards.

19.2 We are exempt from the requirement to:

  • hold professional indemnity insurance; and
  • put compensation arrangements in place.

19.3 The Australian Securities and Investments Commission has a free Infoline on 1300 300 630 for obtaining information about your rights or making a complaint.

19.4 If you have a dispute about another user, you should file a dispute through the Resolution Centre by logging in to your youchamp account.

19.5 If you have a complaint about our Services, or believe your youchamp account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately.

19.6 You can report complaints about our Services by:

Email:

youchamp@digiground.com.au

Mail:

DigiGround Pty Ltd

Suite 8.02, Level 8

227 Elizabeth Street, NSW 2000.

Handling your complaints

19.7 We aim to:

Acknowledge receipt of all complaints within 5 business days.

Resolve all complaints within 45 days. This may not be possible in all circumstances.

Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

19.8 If a complaint relates to the limiting of an account, we may request additional documentation from you.

Referral of unresolved complaints to external dispute resolution scheme

19.9 Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the jurisdiction of the courts located within New South Wales.

Alternative dispute resolution

19.10 We may consider use of other alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in New South Wales, Australia or another location mutually agreed upon by the parties.

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20. Notices

20.1 This Agreement and any other agreements, notices or other communications regarding your account and/or your use of our Services may be provided to you electronically. You agree to receive all communications from us in electronic form. Communications will be posted on our website and/or sent to your primary email address.

20.2 Except as explicitly stated otherwise, any notices to us should be given by mail to:

DigiGround Pty Ltd
Suite 8.02, Level 8
227 Elizabeth Street, NSW 2000

20.3 Notices are deemed as received when the email enters the server of your email address. Alternatively, we may give you notice by mail to the address you have provided to us. In such case, notice shall be deemed received 3 days after the date of mailing.

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21. Release

21.1 If you have a dispute with one or more users, you forever release us, our Related Bodies Corporate, employees, agents and directors from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

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22. Malfunction

22.1 To the extent required by the ePayments Code, you will not be responsible for any loss suffered because youchamp accepted your instructions but failed to complete a payment due to a malfunction.

22.2 If youchamp malfunctions and you should have been aware that our Service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges.

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23. Limitation of liability

23.1 Subject to clause 22 and except where liable by operation of a Consumer Guarantee:

We will not be liable to you for any Consequential Loss or for loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may otherwise be implied into this Agreement, including any such loss arising out of or in connection with our website, our Services or this Agreement; and

To the extent that liability is not excluded by clause 23.1, in no event will youchamp’s liability for a claim arising out of this Agreement or our Services (when aggregated with youchamp’s liability for all other claims arising out of this Agreement and our Service) exceed the net fees and charges paid by you to us during the six (6) months immediately preceding the date on which the claim arises.

23.2 To the extent permitted by law, our liability to you in respect of any breach of or failure to

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24. Indemnification

24.1 You indemnify and hold us, our officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Services.

24.2 You hold us, our officers, directors and employees harmless from any losses or other damage whatsoever incurred as a direct or indirect consequence of access to your account by Additional Users. You also indemnify us for any harm that arises as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence.

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25. Assumption of rights

25.1 If we pay out any claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that we assume your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, in our discretion.

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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.

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