Terms of Use

Keeping it above board…

Thanks for using partipay. Our Terms of Use have been created to help you understand the rules & behaviours that you will need to agree to before you can use partipay.  As part of the Terms of Use we have created a Privacy Policy and The Parti Rules (our code of conduct).

By creating your account you will be agreeing to the Terms of Use in full.  This means you have read & understood the information in the Terms of use, The Privacy Policy  & The Parti Rules and agree to them.

If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.

1 Definitions
2 Changes to Terms of Use
3 Privacy Policy
4 Behaviour & Use – The Parti Rules
5 Member Requirements
6 Member Notifications
7 Account Deactivation
8 Fees & Payments
9 License to the partipay Website & IP Ownership
10 Acceptable Use of Software Data
11 Ability to Restrict Access
12 The Right to Edit & Use the Content you Provide
13 No Warranties
14 Limitations of Liability
15 Exceptions
16 Reasonableness
17 Other Parties
18 Unenforceable Provisions
19 Indemnity
20 Breaches of These Terms of Use
21 Severability
22 Entire Agreement
23 Entire Agreement
24 Assignment
25 Law and Jurisdiction
26 Control of Your Password

1. Definitions

Before we begin lets clarify a couple of definitions.

partipay  -  partipay means the website service offered through URL www.partipay.com that assists you to organise and track the collection of funds for activities, events or purchases. partipay does not process nor is it responsible for any financial transactions. Our function is simply to help you track payment information and communicate with your group. Any payments made toward a parti page are made directly into the page organiser’s nominated PayPal account. 

page organiser -  is someone who organises a parti page.

invitee –  is a partipay member who is involved in a parti page either by making a contribution or by receiving an invitation from a page organiser. 

parti page – is a page that the page organiser creates that allows them to organise and track the collection of funds whilst providing a central point of activity and communications for all participating invitees. 

 

2. Changes to Terms of Use

We may update the Terms of Use from time to time as we need to provide you with current information on the way the service is conducted. Changes will be posted to this website page, sent via partipay email notifications and through other methods that we deem effective.  Revised Terms of Use will apply to the use of this website from the date of the publication of the revised Terms of Use on this website.  Please ensure you are familiar with the current version.
 

3. Privacy Policy

To help explain what information we collect, use and in some cases disclose to third parties we have created a user friendly Privacy Policy. The partipay Privacy Policy conforms to the Australian Privacy Laws and Internet Privacy standards. Accepting the Terms of Use means you have also read and accepted the Privacy Policy and The Parti Rules which form part of the Terms of Use. 
 

4. Behaviour & Use – The Parti Rules

To help us create a respectful environment we’ve created The Parti Rules (part of our Terms of Use) which explain the acceptable behavior of our members. All partipay members are required to report unacceptable content or behviour - in particular anyone who has been offensive, bullying or used partipay for illegal activities. Accepting the Terms of Use means you have also read and accepted the Privacy Policy and The Parti Rules which form part of the Terms of Use. 
 

5. Member Requirements


5.1 Age
partipay is designed for people who are 18 years or older. If you are under 18 you can only use partipay with the consent and under the supervision of your parent(s) or guardian(s).

5.2 PayPal Account
You only need a PayPal Account if you plan to be a page organiser and setup a parti page. All parti page funds will be paid into this account.

5.3 Global Location
There is no geographical restriction for those who would like to create a partipay account. However one should note that partipay currently collects money in Australian Dollars ($AUD) and is only offered in the English language. NOTE: Our list of countries and states / provinces are currently under development. If you find that your country is not there please let us know by emailing hello@partipay.com.  

5.4 False Information
Only accurate and lawful information must be provided during the partipay account creation and profile setup) process. partipay does not condone any unlawful or fraudulent activity. 

6. Member Notifications

partipay uses email notifications as it main communication tool. By becoming a member you agree to receive all partipay notifications which include the following:

  • Account Notifications - ​These communications are about your use of the site. For example it might be about policy changes, a new feature or your account details.
  • Activity Updates  - for page organisers - ​Activity updates are designed to help page organisers keep track of their parti pages. It is optional to receive these notifications which can be sent on a weekly or monthly basis. Activity updates preferences can be changed in the account profile page.
  • Parti Page Notifications - These communications keep both the page organiser and invitees up to date about a specific page activity. Invitees have the option to decline an invitation to a partipay page, which means they can choose to stop receiving notification about specific pages.  (To find out more please visit support and search for ‘Unsubscribing from a parti page’.)
  • Parti News - Mailchimp is used to send our monthly news updates. This service hasn’t commenced just yet. It is optional to receive parti news.
  • Member Surveyspartipay customer feedback surveys are run through Survey Monkey. Participation in surveys is optional. 

6.1 Ceasing all partipay notifications
When a member deactivates (cancels) their account they will stop receiving all notifications except for parti page invitations (and reminders etc.) from other partipay members. If an individual would like to stop receiving all partipay notifications they currently need to send us an email request at hello@partipay.com.
 

7. Account Deactivation

partipay accounts are not deleted they are deactivated. We don’t do this to be difficult, it is done to ensure we can prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use Agreement and to comply with legal requirements.

With the technical constraints and the legal obligation for us to back up our system, information is never completely removed from our databases. Therefore it is unrealistic to expect that all of your personal information will be completely removed from our databases in response to your requests. However, such information will be deactivated from public viewing and usage by other partipay members and will only be available to select members of the partipay IT team. 

Send Deactivate Account Request
 

8. Fees & Payments


8.1 Fees to use partipay
As a tech start-up business partipay has opted not to charge fees to use this service at this time. partipay reserves the right at any time in the future to start charging fees. To find out about future proposed fee structure please visit the fees page.


8.2 Parti Page Currency 
Currently a parti page can only collect money in Australian Dollars $AUD. We will be progressively adding more countries as we grow. If you are keen to have a particular currency added please email hello@partipay.com.


8.3 PayPal fees
Currently all payments made via partipay are processed through PayPal. When using partipay, PayPal charges a fee to the person receiving the money (the page organiser).  In most instances, PayPal fees consist of a percentage of the total amount received plus a fixed fee. Fees can vary so best check out the fee information located on your countries PayPal website: www.paypal.com/webapps/mpp/ua/cfsgpds-full?country.x=AU#int_18_Fees_and_charges 
(NOTE: This link will take you to the Australian PayPal website.) 

Please note PayPal classifies all partipay related transactions as Commercial Payment Transactions (even if they are between personal PayPal accounts). partipay does not have control of nor, assumes the liability or legality for the for the products or services and associated Paypal fee that are paid for via PayPal services.
 

8.3.1 PayPal Fee Options for Personal PayPal Accounts 
The last thing partipay wants to do is to leave the page organiser out of pocket. When creating a page, a page organiser with a Personal PayPal account can choose to:

  • pay the PayPal fee themselves 
  • request an additional amount from invitees to cover PayPal fee. (This is automatically generated when an invitee goes to make a payment.)

Currently partipay uses Australian PayPal Fee % rates to calculate the fee cover amount. In the future we intend to add more countries & their specific rates. PayPal fees greatly vary so we have done our best to calculate an amount that will approximately cover the PayPal fee (it may not be exact).

NOTE: To help with improving the accuracy of PayPal Cover fees make sure the country in your partipay profile is the same as the same country listed in your PayPal Account profile. 


8.4 Help Keep the Parti Alive  
With no current income partipay has created a PayPal account where members can show their support by making a voluntary monetary contribution. Money collected into this PayPal account is to be dedicated to keep partipay running for all of our members. Help us keep the parti alive!

 

9. License to the partipay Website & IP Ownership

Unless otherwise stated, partipay pty ltd and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print report pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public (unless it is on a publically listed parti page);
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website.
     
10. Acceptable Use of Software Data

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without partipay’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without partipay’s express written consent.
 

11. Ability to Restrict Access

Access to certain areas of this website is restricted. partipay reserves the right to restrict access to areas of this website, or indeed this entire website, at partipay’s discretion. At any time partipay may without notice or explanation:

  • Suspend a parti page you have organised
  • Remove parti page from your account
  • Suspend access to your partipay account
  • Deactivate your partipay account  (see 7 Account Deactivation)
     
12. The Right to Edit & Use the Content you Provide

In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to partipay a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to partipay the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or partipay or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

partipay reserves the right to edit or remove any material submitted to this website, or stored on partipay’s servers, or hosted or published upon this website.

Notwithstanding partipay’s rights under these Terms of Use in relation to user content, partipay does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
 

13. No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  partipay makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, partipay does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
 

14. Limitations of Liability

partipay will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if partipay has been expressly advised of the potential loss.
 

15. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit partipay’s liability in respect of any:

death or personal injury caused by partipay’s negligence; or
fraud or fraudulent misrepresentation on the part of partipay; or
matter which it would be illegal or unlawful for partipay to exclude or limit, or
to attempt or purport to exclude or limit, its liability. 
 

16. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
 

17. Other Parties

You accept that, as a limited liability entity, partipay has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against partipay’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect partipay’s  officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as partipay.
 

18. Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
 

19. Indemnity

You hereby indemnify partipay and undertake to keep partipay indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by partipay to a third party in settlement of a claim or dispute on the advice of partipay legal advisers) incurred or suffered by partipay arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
 

20. Breaches of These Terms of Use

Without prejudice to partipay’s other rights under these terms of use, if you breach these terms of use in any way, partipay may take such action as partipay deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
 

21. Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 

22. Entire Agreement

These Terms of Use, together with the Privacy Policy and The Parti Rules (our code of conduct) constitute the entire agreement between you and partipay in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 

23. Entire Agreement

These Terms of Use, together with the Privacy Policy and The Parti Rules (our code of conduct) constitute the entire agreement between you and partipay in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 

24. Assignment

partipay may transfer, sub-contract or otherwise deal with partipay’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
 

25. Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with Australian Law and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Australia.
 

26. Control of Your Password

partipay accounts require a user name and a password to log in. You must keep your user name and password secure and never disclose it to a third party.  If your password has been compromised for any reason, you should immediately change your password. partipay account passwords are encrypted which means even our team can’t view them. If you lose your password you will need to create a new one.