eftpos Terms

1. This clause is only applicable to You if You accept payments using eftpos-only debit cards issued by eftpos Payments Australia Limited (“eftpos”) or eftpos co-branded dual network debit cards issued by eftpos and other networks.
1. You agree to comply with the rules, policies, terms and requirements as published by eftpos at https://www.eftposaustralia.com.au/support/industry-resources (“eftpos Rules”).
2. You acknowledge that eftpos may collect, retain, use and disclose Your personal information for the purposes of processing an eftpos Transaction (including use of eftpos’ service provider in Australia and the United States of America and any other jurisdictions specified in eftpos’ privacy policy published from time to time at eftpos’ website), involvement in and arbitration of disputed transactions and Chargebacks, and for the purposes of the reporting, uses and disclosures in the eftpos Rules.
3. You have the right to elect which payment methods You accept or accept in preference to other payment methods.
4. You must establish and maintain a refunds policy and disputes policy in compliance with Australian consumer laws, which at a minimum addresses consumer rights relating to the items set out in 4.7.6(d) of the eftpos Technical, Operational and Security Rules (part of the eftpos Rules).
5. You must not process a Transaction before an inventory check is completed and the goods are allocated to the order or the services provided.
6. You must publish on Your website the availability of Transaction receipts and delivery receipt requirements related to the goods or services.
7. Where the Transaction is for the purchase of goods requiring physical delivery, You must obtain from the Customer details or confirmation of the delivery address at the time of each eftpos Transaction.
8. If You allow Merchant Initiated Transactions or Payment Arrangements (definitions below), You must be able to provide a record of the authority granted by the Cardholder.
9. Your terms and conditions with the Customer must include where applicable:
1. term and termination rights;
2. payment terms, including transaction type, any limits on the individual and cumulative amount, number and frequency of payments, minimum and maximum contract period, including expiry date;
3. delivery and shipping terms, for payments associated with purchase of goods;
4. reversal, full and partial refunds and corrections procedure;
5. Customer rights if expected deposit payments are not received;
6. rights to amend, cancel or dispute payments;
7. payment date for Customer;
8. procedure for the Customer to notify change of card or account details;
9. Customer service details; and
10. language to the effect that “some cards carry more than one payment system function. These can be identified because they have either a Visa or Mastercard logo on the front of the card and an eftpos logo on the back of the card. A merchant can choose which payment system processes the transactions from those cards. When the eftpos logo appears on the merchant’s website, it means that the merchant may choose or have chosen to process transactions through eftpos from those cards. If your card only has the eftpos logo then it has not been enabled by your bank for transactions from your card.”
10. Definitions

Merchant Initiated Transaction means an authorisation request that:

1. relates to a previous Cardholder-Initiated Transaction; or
2. relates to a Payment Arrangement,

but conducted without the Cardholder present, and without any Cardholder validation performed.

Payment Arrangement means where the Customer and You entered an arrangement and the Customer granted authority for to process eftpos Transaction(s) to occur for specific terms,

1. Fixed Frequency Payment
2. Instalment Payment
3. Post Payment Adjustment Payment
4. Deferred Payment
5. Pay As You Go Payment

Fixed Frequency Payment means where a Customer and You entered a Payment Arrangement where the frequency of transactions is fixed, e.g. memberships, subscriptions. The amount of each transaction may vary, e.g. utility bills.

Instalment Payment means one of a series of purchase transactions, initiated by You, using card details previously provided by a Cardholder to You, acting under authority granted to You by the Cardholder, where the number of such transactions, the amount of each transaction, and the frequency of transactions being initiated have each been agreed between Cardholder and You prior to the first such transaction being initiated.

Post Payment Adjustment Payment means a single transaction arising when Cardholder action subsequent to a previously authorised payment has resulted in additional charges being owed to You, which You have initiated using the card details provided during the original payment.

Deferred Payment means a single transaction which the Cardholder has granted You permission to perform, but which is processed by You sometime after the consent has been granted. For clarity, the amount You eventually charge may be less than (but never more than) the amount to which the Cardholder has consented.

Pay As You Go Payment means a Payment Arrangement where the Customer or their behaviour has triggered an eftpos Transaction to occur. This could either be: (a) Ad-hoc transaction, e.g. order ahead apps; or (b) Transaction with variable frequency and fixed amount, e.g. auto-top up.