» Privacy Policy Notification & Terms

Privacy Policy

Zenith Payments

Effective 1 June 2020

1. Background

Zenith Payments Pty Ltd, its related bodies corporate, employees, contractors, managers, officers and directors (collectively, “Zenith”) respect the privacy of all Personal Information it holds and is committed to protecting and limiting the use of such information in accordance with the National Privacy Principles as provided in the Commonwealth Privacy Act 1988 (Privacy Act.).

Zenith reserves the right to update this Privacy Policy at any time with changes coming into effect when the Privacy Policy is posted to any of its websites.

2. Personal Information

“Personal Information” means any information relating to an identified or reasonably identifiable natural person.

Personal Information we collect includes:

your name;
your postal address;
your email address;
your telephone number(s);
identification information (which is required for sanctions and anti-money laundering screening and to meet other regulatory requirements);
records of your communication and interaction with us;
information from enquiries you have made via the Contact Us form or via phone
credit card number; and
history of your preference, interests and behaviour relating to transactions, products, and services on any Zenith website.

We also collect Information which does not allow us to identify you specifically, including:

your computer’s IP address
your device type;
browser type;
details of the site from where you accessed the Zenith site;
the pages you visit on any Zenith website; and
the time spent on those pages, items, and information searched, access times, dates and other statistics.

In certain circumstances, such as when you purchase a gift card for another individual, we may collect the Information that you provide about that individual, including:

name;
email address; and
postal address.

You warrant that you are authorised to provide the Personal Information you give to us and you agree that it may be used in accordance with this Privacy Policy.

3. Personal Information Collection

There are numerous ways in which we may collect your Personal Information, including when you:

browse a Zenith website;
register on a Zenith website;
log into a Zenith website once registered;
enter information into a form (on a Zenith website or otherwise);
transact through a Zenith website;
subscribe to Zenith’s marketing communications;
click on Zenith website banners, hyperlinks or plugins;
accept location or notification pop ups on a Zenith website;
interact with us on our social media;
participate in onsite, email or social promotions or competitions;
save an item to either a wishlist or shopping cart;
make a purchase from us; and
have a conversation with any of our team members.

We may also obtain your Information from third parties, such as business or commercial partners, or from publicly available sources.

4. Using and Disclosing Personal Information

We collect and/or disclose Personal Information in order to:

provide and improve the products and services you have requested;
notify you about changes to the products and services you have requested;
provide customer support;
detect, prevent and address technical or other issues;
generally carry out our business;
comply with laws or regulations; and
promote and market products, services and special offers that may be of interest to you.

You may opt out of receiving marketing communications by clicking the unsubscribe link at the bottom of any email you receive from us. You acknowledge that it may take several business days to remove your name from all lists.

We may disclose your Personal Information to third parties (including banks, payment gateways, credit card schemes and processors, suppliers, couriers, mailing houses and Government Authorities) in order to fulfil our services to you. However, we require any third parties to apply standards that are no less rigorous than those required by Australian legislation.

We do not sell Personal Information to third parties.

5. Access to Personal Information

You may request access the Personal Information we have concerning you. This request may be refused pursuant to the exemptions provided under the Privacy Act.

6. Cookies

We use “cookies” when you visit any Zenith website. This allows us to automate access and Information entry functions and to improve website efficiency by tracking the patterns of behaviour of visitors to the websites.

We also use Google Analytics which is a service offered by Google that tracks and reports aggregated and anonymised insights into users’ behaviours. This data is shared with other Google services. Google may use the collected data to contextualise and personalise its own advertising. You can opt-out of making your activity available to Google Analytics by installing the Google Analytics opt-out browser add-on. Information on Google’s Privacy principles is available at: https://policies.google.com/privacy?hl=en

7. Security

The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We use commercially acceptable means to protect your Personal Information but we cannot guarantee its absolute security.

ChildCare EasyPay Customer Terms and Conditions

ZenPay provides a service for Customers to make payments to Merchants. These terms and conditions form part of a Customer Registration Form (CRF) executed by the Customer wishing to pay the Customer’s Merchant through the service provided by Zenpay Pty Ltd ACN 056 881 942 ABN 63 056 881 942 t/a ChildCare EasyPay. By completing and executing the CRF, the Customer agrees to be bound by the terms and conditions set out below (the “Terms”).

1. Definitions (as used in this agreement)

account means the credit, debit or bank account nominated or used by the Customer for payment of payment.

Merchant means the Merchant, or entity for whom the Merchant acts, to whom payment is payable or due. Payment in relation to a Customer, means the payment described in that Customer’s registration form, being the payment payable or due by that Customer. For the purpose of this agreement, it also includes any other payments made to by Customers and/or processed by us or the Customer’s Merchant.

ChildCare EasyPayor us or we means the program developed by ZenPay Pty Ltd (ABN: 71 083 359 684) for the processing of payments.

Customer means a person who has an agreement relating to payments to a merchant for entity to whom the merchant acts. For the purposes of this agreement, it also includes any person who registers to pay or for whom a payment is made via the ZenPay program.

Customers Registration Form or (CRF) means an agreement between a Customer and us whereby the Customer agrees to participate in the ZenPay Program.

2. Contract

2.1

These Terms apply to any Customer from the date upon which ZenPay accepts a Customer’s CRF.

2.2

These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the Customer is a party including, without limitation, the contract between the customer and any agreement regulating the use by the Customer of the credit, charge or bank account identified in the CRF or used to pay (the “Account”). These Terms do not oblige the Customer to use the Account to pay payment or any other amount.

3. Your Account

3.1

The Customer is responsible for ensuring that the entity issuing the account will make payments authorised by the Customer in the CRF. The Customer is responsible for ensuring that they have authority to nominate the account used to process payments.

3.2

ZenPay is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The Customer acknowledges that the entity issuing the Account may not permit the use of the account to pay payment. The Customer is liable for any and all expense, damage or loss incurred by ZenPay in the event of the misuse or unauthorised use of the account by the Customer and the Customer must reimburse any such amounts to ZenPay.

4. Payment Procedures

4.1

The Customer or Merchant will be deemed to have authorised the Account to be debited or charged with the payment and the Convenience Fee described in the CRF when:

ZenPay receives a “YES” response from the Customer’s nominated SMS number or email address to a reminder initiated by ZenPay; the date for payment of payment passes if the Customer has nominated ‘Set & Forget’ automatic payments as its payment method in the CRF; the Customer or Merchant initiates payment at an electronic or online payment terminal operated by the Merchant; the Customer requests or Merchant or ZenPay to initiate a payment; and/or the Customer or Merchant initiates payment via the ZenPay program website or a telephone or other payment system operated by ZenPay

4.2

ZenPay will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The Customer must notify ZenPay immediately if the Account is lost or stolen by calling (02) 9556 7500 or such other number as ZenPay designates [by notice to the Customer/by posting it on the ZenPay program website]. A notice given by the Customer or Merchant under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after ZenPay receives the notice.

4.3

Regardless of when ZenPay processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment. ZenPay will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm AEST for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.

4.4

The Customer releases and indemnifies ZenPay from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the Customer in relation to, in connection with or as a direct or indirect result of any failure by the Customer to pay payment unless that failure occurs due to a breach by

ZenPay of these Terms.

4.5

As a separate, primary and severable liability, you indemnify and must keep ZenPay indemnified from and against any Claim suffered or incurred by ZenPay in relation to, in connection with or as a direct or indirect result of any payment or purported payment of payment pursuant to your CRF, or in relation to the property the subject of the CRF, subsequently being rejected, invalidated or disputed. It is not necessary for

ZenPay to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these terms and conditions.

4.6

The Customer will pay to ZenPay the Convenience Fee (or Processing Fee) identified in the CRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for ZenPay or the merchant to debit or charge the Account with this convenience fee at the same time as a payment is made under clause

4.7

In the event of a payment that the Customer initiated subsequently being rejected by the Customer’s bank / card issuer or another party, the Customer will pay to ZenPay a fee (a “Failed Payment Fee”) of up to $25 (including GST). This Failed Payment Fee will be automatically deducted from the Customer’s nominated card or bank account four days after ZenPay receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, ZenPay reserves the right to cancel all payment arrangements immediately.

4.8

Upon the Customer or Merchant requesting ZenPay by means of a CRF other than the CRF available online to commence payment arrangements using the Customer’s nominated bank or card account, ZenPay may, in order to confirm the legitimacy of the bank or card account details provided and to cover set-up costs, process a payment (a “Bank Account Set Up” payment) of $1.51 (including GST) to be deducted from the Customer’s nominated bank account.

4.9

Upon ZenPay ceasing payment arrangements under clause 5, ZenPay may at its discretion apply a “Cancellation Fee” of $10 (including GST), in order to cover costs associated with ceasing Customer payment arrangements.

4.10

The Customer acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which ZenPay is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from, the Merchant and the Customer will be obliged to remake any such payment due under the terms of the Customer’s agreement with the Merchant.

4.11

ZenPay will issue a tax invoice complying with GST legislation if requested to do so by the Customer

4.12

Cleared Funds – The Customer acknowledges that it is his/her/their responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. The Customer acknowledges and agrees that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, the Customer agrees that he/she/they will be responsible for any fees and charges that may be charged by his/her/their Financial Institution.

4.13

Non-working day – The Customer acknowledges that when the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.

5. Cancellation or Stopping Payments

5.1

The Customer is responsible for advising ZenPay or the Merchant if payment ceases to be payable and/or the Customer wishes to withdraw any Authorisation given (or deemed to begiven) according to paragraph 5.3 (an “Authorisation”).

5.2

The Customer acknowledges that any payments received by ZenPay (other than the Convenience Fee and other fees charged directly by ZenPay) are remitted by ZenPay to the Merchant and, accordingly, any payments that exceed the payment actually payable by the Customer must be recovered by the Customer from the Merchant. The Customer releases and indemnifies ZenPay from and against any dispute or claim arising from any Authorised payment of payment that is not actually due and/or payable. The Convenience Fee and other fees charged directly by ZenPay are not refundable under any circumstances.

5.3

The Authorisations will be deemed to continue unless and until the Customer notifies ZenPay or the merchant in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to ZenPay will not be effective until five days has elapsed from the date ZenPay receives it. A Customer must execute a new CRF if the Customer wishes to renew the Authorisations.

5.4 ZenPay or the merchant will, from time to time, publish or make available online form (a “Change Notice”) that Customers can complete to vary any of the information or Authorisations provided by them in a CRF (the “Customers Information”). A Customer must complete a Change Notice whenever the Customer wishes to change the Customers Information. If the change notice is sent to ZenPay, the information contained in a Change Notice will be deemed to have replaced the information in a CRF (as previously amended) five days after

ZenPay receives a Change Notice.

5.5 ZenPay can terminate the payment arrangements contained in these Terms at any time by giving notice to the Customer.

6. Privacy

6.1

ZenPay will collect, use and store any of your personal information in accordance with ZenPay‘ privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be inspected on the ZenPay program website. Without limiting the operation of the privacy policy, the Customer expressly authorises ZenPay to disclose any of the Customer’s personal information to the Merchant and any other person nominated by the Merchant. ZenPay will use the information specified on the CRF for the purpose of identifying the Customer.

7. Variations and Amendments

7.1 ZenPay may vary, delete or add (a “Change”) to these Terms (including the Convenience Fee and other fees) at any time. Any Change will be effective from the date ZenPay posts the Change on the ZenPay program website.

ZenPay may not notify the Customer of any Change. If the Customer wishes to vary any Customers’ Information (including any Authorisations), the Customer must execute and deliver a Change Notice in accordance with paragraph 5.4.

8. Miscellaneous

8.1

The Customer acknowledges that ZenPay has not made any warranty in relation to the benefits, if any, that may accrue to the Customer from paying payment by using the Account. The Customer acknowledges that the existence or extent of benefits from using the Account may depend on the terms and conditions upon which the Account is issued to the Customer.

8.2

Any notice required to be given by ZenPay or the Customer can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the CRF (as amended by any Change Notice). A notice given by ZenPay under this paragraph will be effective on the day after it is posted.

Direct Debit Request

You request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as ChildCare EasyPay, and Zepto Payments Pty Ltd or Westpac on behalf of the Payment Initiator (ZenPay) with whom you have a direct debit agreement, to arrange through its own financial institution, to credit and debit from your nominated account(s) any amount the Payment Initiator has deemed payable by you.

This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account(s) held at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement available on the ZenPay program website. These parties listed above do not accept any liability for the provision, merchantable quality or fitness for purpose of the underlying goods or services provided to you by the Payment Initiator and/or merchant and therefore you hold these parties harmless for any claim that may arise from the non-provision of services by the Payment Initiator and/or merchant or any other claim that may be made against the Payment Initiator and/or merchant under Consumer Law.

Direct Debit Service Agreement

You enter into this agreement to request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as ChildCare EasyPay, and Zepto Payments Pty Ltd or Westpac on behalf of the Payment Initiator (ZenPay) to arrange through its own financial institution, to credit and debit from your nominated account(s) any amount the Payment Initiator has deemed payable by you.

This is your Direct Debit Service Agreement with ZenPay Pty Ltd t/a ChildCare EasyPay ABN 63 056 881 942. It explains what your obligations are when undertaking a bank account Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation and our terms and conditions.

Definitions

account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.

agreement means this Direct Debit Request Service Agreement between you and us.

banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

merchant means the merchant that payments are forwarded to.

debit day means the day that payment by you to us is due.

debit or payment means a particular transaction where a debit is made.

direct debit request means the Direct Debit Request between us and you.

us or we means the program operated by ZenPay Pty Ltd, (the Debit User) you have authorised by requesting a Direct Debit Request.

you means the customer who has signed or authorised by other means the Direct Debit Request.

your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.

1. Debiting your account

1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.

1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. We will only arrange for funds to be debited from your account if we have sent to you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.

1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited, you should ask your financial institution.

2. Amendments by us

2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

3. Amendments by you

You may change, stop or defer a debit payment online, or terminate this agreement by providing your merchant or us with at least 3 days notification by writing to: ZenPay Pty Ltd, Reply Paid 79683, Balmain, NSW 2041 or by telephoning us on 02 9556 7500 during business hours; or arranging it through your own financial institution, which is required to act promptly on your instructions.

4. Your obligations

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.

4.2 If there are insufficient clear funds in your account to meet a debit payment:

(a) you may be charged a fee and/or interest by your financial institution;

(b) you may also incur fees or charges imposed or incurred by us; and

(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

4.3 You should check your account statement to verify that the amounts debited from your account are correct.

5. Dispute

5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 02 9556 7500 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.

5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding in writing.

6. Accounts

You should check:

(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.

(b) your account details which you have provided to us are correct by checking them against a recent account statement.

(c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

7. Confidentiality

7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or merchants who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

7.2 We will only disclose information that we have about you:

(a)to the extent specifically required by law; or

(b)for the purposes of this agreement (including disclosing information in connection with any query or claim).

8. Notice

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to:

ZenPay Pty Ltd, Reply Paid 79683 Balmain, NSW 2041

8.2 We will notify you by email, via an online post or by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.

8.3 Any notice will be deemed to have been received on the third banking day after posting.

ZenPay Pty Ltd, Reply Paid 79683 Balmain NSW 2041.