Gobbill - Website Terms and Conditions

1 Introduction

This website is owned by Gobbill Pty Ltd (ABN 87 607 293 612) ( "Gobbill"). By accessing or using this website and using our services you agree to these Terms and Conditions, which include our Privacy Policy ('Terms'). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Gobbill.

2 About Gobbill

Gobbill is a bill management and payment service provider.

3 Definitions

(a) App means the Gobbill application which is available online.

(b) Bill means a third-party bill or invoice which is sent to us either by being sent to your Gobbill Address or by being uploaded to us via our App.

(c) Biller means the issuing party of the Bill.

(d) Bill Payment means the payment of a Bill to a Payee.

(e) Business Day means a day on which trading banks are open for business in Melbourne other than a Saturday or Sunday.

(f) Cancellation Date means the date upon which the cancellation of a Subscription takes effect.

(g) Content means the material, including all text, graphics, logos, videos, audio and software, made available on the Website.

(h) Due Date means the payment date as noted on that Bill.

(i) Gobbill Address means a unique Gobbill email address that is provided to a User.

(j) Method of Payment means a valid credit card, or other method of payment as may be permitted by us, which will be used by us to make Bill Payments

(k) Payee means third parties who issue Bills to Users.

(l) Payment Date means the date on which payment is made by Gobbill.

(m) Plan means a bundle of features and services provided by Gobbill.

(n) Services means the bill management and payment services that we provide.

(o) Subscription means a Gobbill Plan purchased through the website.

(p) User means a person who uses our Services.

(q) Website means the Gobbill Website located at :www.gobbill.com.au and www.gobbill.com

4 Registration

(a) You need to be a registered user to access certain parts of our Website and to use our Services.

(b) When you register, and activate your account, we may require personal information such as your name, email addresses, telephone number, credit card details and address. You must ensure that this information is accurate and is kept current at all times.

(c) You will be provided with a Gobbill Address upon successful registration.

(d) When you register and activate your account you are responsible for keeping your user name, password and Gobbill Address secure and are responsible for all use and activity carried out under your user name. The Gobbill Address may be provided to your Billers to send Bills to your Gobbill account.

(e) To create an account, you must:

(i) be at least 18 years of age;

(ii) possess a credit card in your name;

(iii) possess the legal right and ability to enter into a legally binding agreement with us; and

(iv) agree and warrant to use the Website and our Services in accordance with these Terms.

(f) Registering an account with Gobbill is free, however certain features of our website ("Premium Features") may be restricted unless you purchase a Subscription that includes Premium Features. You must maintain a valid Subscription in order to use the Premium Features of our website, including but not limited to:

(i) adding multiple Methods of Payments;

(ii) number of Bills processed by Gobbill;

(iii) access to certain reports and information;

(iv) adding paper Bills; and

(v) any other Premium Features we add from time to time .

(g) We reserve the right to change our Subscription price and what is included in the Premium Features at any time. We will notify you of any changes, which will take effect from the start of your next billing period.

5 Bill Payments

5.1 Payment process

(a) Gobbill will only be responsible for Bill Payments of Bills which have been sent to us and have been successfully added to your account before the Payment Date.

(b) By sending a Bill to your Gobbill Address you expressly authorise us to use your Method of Payment to make Bill Payments on your behalf.

(c) Gobbill will not be held responsible if a Bill is not received by the Gobbill Address due to failure by third parties, including email service or hosting providers. It is your responsibility to check your account and to ensure that a Bill has been received by us.

(d) You are responsible for checking the accuracy of the date that Gobbill extracts from your Bill and for identifying any suspicious or fraudulent activities in relation to your Bills.

(e) By sending a Bill to your Gobbill Address, you allow us to extract and store information about the Bill on our servers. The Information will be used to provide you with our Services.

5.2 Methods of Payment

(a) You are required to provide us with details of a Method of Payment which will be used to make Bill Payments to Payees on your behalf. You certify that the Method of Payment is in your name and you are authorised to use it. You expressly authorise Gobbill to make Bill Payments using the Method of Payment you provide.

(b) You may change your Method of Payment for a Bill by adding a new credit card and updating the settings in your account.

(c) The Payee may charge an extra fee for making Bill Payments using a credit card or other Methods of Payment which you choose. You will be solely responsible for any extra charges incurred as a result of paying a bill with your Method of Payment.

5.3 Sufficient funds

(a) By providing a credit card to us you certify that the Method of Payment will have sufficient funds to make Bill Payments.

(b) If your Method of Payment has insufficient funds to make a Bill Payment, you will be solely responsible for any extra charges incurred due to a dishonoured payment or the failure to make payment on time.

(c) Gobbill will not be responsible for any fees, late payments or other charges which are incurred due to your method of payments having insufficient funds at the time a Bill is due.

5.4 Payment amounts

(a) Gobbill will charge the Method of Payment the amount payable listed on the Bill (including amounts unpaid from previous bills) on the Payment Date.

(b) Gobbill is not responsible for the accuracy of the Bill or any amounts to be charged and you expressly authorise us to charge your Method of Payment for the amount payable listed on the Bill.

5.5 Payment schedule

(a) Bill Payments will be made to the Payee using the Method of Payment, within 2 Business Days before the Due Date of the Bill ( "Payment Date").

(b) You will receive an email notification 5 days before the Due Date containing information about the Bill to be paid, the Method of Payment and the expected Payment Date.

(c) If a Bill Payment cannot be made for any reason, Gobbill will notify you to provide an alternative Method of Payment or to directly make the payment yourself.

(d) You will be sent a notification to your registered email when a Bill Payment has been processed. This notification will include the following details:

(i) Payee;

(ii) Due Date and Payment Date;

(iii) Amount paid;

(iv) Customer number (if present);

(v) Account number (if present);

(vi) Payment reference number (if present);

(vii) Receipt number; and

(viii) Method of Payment used to pay the bill.

6 Fees and charges

(a) Gobbill is not responsible for any fees, late payments or other charges which are incurred as a result of:

(i) Bills which are sent to us less than 2 Business Days before their Due Date

(ii) Methods of Payment having insufficient funds on the Payment Date;

(iii) Methods of Payment being cancelled or otherwise unusable;

(iv) A Payee rejecting a Bill Payment for any reason;

(v) Issues with the Payee's payment gateway or website; and

(vi) Delays in processing delays caused by third parties.

(b) Gobbill is not responsible for any overdraft, interest payments, late fees or any other similar charges which arise as a result of payments made with your Method of Payment.

7 Subscriptions

(a) How to subscribe:

To subscribe to a Gobbill Plan, you can click on a button labelled "Sign up", "Buy" or "Purchase" (or similar) on our home or pricing web page. You will be asked to complete a form and activate the account by verifying your email and/or mobile phone number. When you subscribe, we will collect certain information as per clause 4(b).

(b) Order confirmation:

When we confirm your subscription, we will generate and send a tax invoice to Gobbill Address and your primary email address. The tax invoice will be payable immediately.

(c) Pricing policy:

Our pricing for each Plan, their associated features and Services that are included and any additional fees and charges for excess use above limits for each Plan are detailed on our pricing web page. Any excess usage will be charged to you on a monthly basis and is payable immediately.

(d) Payment methods and security:

You can nominate the credit card to be used for Bill Payments. We will use your nominated credit card for the payment of your Bills and for any additional charges incurred by you. We will store details of your nominated credit card. Our Privacy Policy contains further information about how we store your information.

8 Collection notice

(a) We collect personal information about you in order to provide you with our Services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.

(b) We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia.

(c) Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at gobbill@gobbill.com.au.

(d) By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

9 Refund and cancellation policy

(a) After sending us a Bill you may cancel payment before the Payment Date by updating your account and marking the bill as paid.

(b) Gobbill will make the Bill Payment on the Payment Date if you do not provide us with sufficient notice that the bill is paid and we are not responsible for any losses caused thereby.

(c) Once a Bill Payment has been processed we are no longer able to cancel or refund the payment.

(d) It is your responsibility to contact the Payee directly for any refunds and you will be bound by their terms and conditions regarding the availability, timing and method of refunds.

10 Termination

(a) You may cancel your Subscription at any time by notifying us by email at gobbill@gobbill.com.au. The cancellation of your Subscription will take effect at the beginning the Business Day following receipt of your notice. Subscription fees are not refundable.

(b) We may cancel your Subscription if we suspect any illegal activity, if the account has been inactive for over 12 months, if your Method of Payment has insufficient funds or is otherwise not able to be used or if the use is more than what we consider to be fair personal use (unless you have subscribed for a business plan). We will notify you by email if we decide to cancel your Subscription and the cancellation will take effect at the beginning the Business Day following receipt of your notice.

(c) We will not be responsible to make any payments for a Bill where the due date is past the Cancellation Date.

11 Accuracy, completeness and timeliness of information

(a) The information on our Website is general in nature and should not be relied upon.

(b) The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

(c) We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

(d) We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

(e) We are not liable for any fraud or the accuracy of any Bills. If you notice an error in a bill or any suspicious or fraudulent activities after sending it to your Gobbill Address or uploading it to us via our App you must remove it from your account and notify us. You may also need to notify the Payee to issue a new Bill.

(f) We calculate the GST component of Bills and we may round the figures in accordance with ATO rulings. We may provide information about the GST component of Bills to our business users. In some cases there may be discrepancies between the GST component that we calculate and the GST component presented on the Bill due to rounding or errors by the biller.

12 Linked websites

Our Website may contain links to websites operated by third parties, including Payees who participate in our Services. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or services offered, and have no control over or rights in those linked websites or services.

13 Intellectual property rights

(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the Content.

(b) Your use of this Website, our Services and the Content does not grant or transfer any rights, title or interest to you in relation to this Websiteor Content. However, we do grant you a revokable licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.

(c) Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

(d) All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

14 No commercial use

(a) Unless you have subscribed to a business plan, this website is for your personal, non-commercial use only. You may change from a personal plan to a business plan at any time.

(b) You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

15 Unacceptable activity

(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

(i) breaching any terms and conditions with a Payee;

(ii) using a Method of Payment without authority to do so or committing any fraudulent act

(iii) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;

(iv) using this Website to defame or libel us, Payees, our employees or other individuals;

(v) uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;

(vi) posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.

(b) If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

16 Warranties and disclaimers

(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

(b) We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, our Services or any Content, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

17 Liability

(a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our Website or the information or materials contained on it, or as a result of the inaccessibility of this Website or supply of services from Payee's, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

(b) To the maximum extent permitted by law, our total aggregate liability for all claims relating to your Subscription is limited to the amounts payable by you to us to.

(c) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

18 Your relationship with Gobbill

(a) Gobbill provides bill management and payment services and arranges Bill Payments on your behalf.

(b) You acknowledge that Gobbill is not a party to any dealings, transactions or contract between you and a Payee.

(c) You agree that you will not hold Gobbill responsible for any damage caused directly or indirectly by services provided by a Payee. We make no representations or warranties in relation to a Payee's services or the accuracy of any Bill.

(d) You are responsible for adhering to any terms of service or terms and conditions provided by a Payee and you remain responsible for any amounts that you owe to a Payee. You are responsible for complying with all applicable laws in relation to your relationship with a Payee.

19 Force majeure

Gobbill will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to

(a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and

(c) strikes.

20 How you can contact us

(a) If you have any queries about Gobbill or our Website, you are able to submit such queries by contacting us at gobbill@gobbill.com.au.

(b) Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.

21 Jurisdiction and governing law

Your use of the Website and these Terms are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Support | Terms | Privacy 

© 2017 Gobbill Pty. Ltd. (ABN 87 607 293 612) All rights reserved.

SiteSeal