MyAc Terms and Conditions,
MyAc Terms of Use
And MyAc Online Agreement

These terms and conditions are specifically designed to make a safe and workable place for our Members, MYAC Debtors and Creditors.

1. The Acceptance of our Terms and Conditions:

By registering as a Member, debtor or creditor or using the MYAC or becoming an Advertiser on MYAC you are agreeing to be bound by these terms and conditions as well as any other guidelines, rules, additional terms referenced herein including any amendments made to them from time to time. Each time you access MYAC or use the MYAC site, you confirm that you have read and understood these terms and conditions. Should you not accept or are unwilling to be bound by these terms and conditions then you must and shall not use or access the MYAC Services or the MYAC site and must not accept any Rewards given by MYAC.

• The terms and conditions are the conditions on which www.myac.co.nz offers you access to the Services contained herein on the web site www.myac.co.nz. (MYAC)


• By accepting these terms and conditions you will receive a MYAC email newsletter on a regular basis. If you do not wish to receive these emails, please reply to them with unsubscribe in the header. The newsletter will be used to promote special offers from MYAC that are available to our Members and Debtors and Creditors.

MYAC may amend these conditions in whole or in part from time to time at its sole discretion and we recommend that you check them on a regular basis. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site or any new terms accepted by you. You are responsible for ensuring you are familiar with the latest version of the terms and conditions. You agree to check the terms and conditions each time you use the Services and will be taken as accepting the then current terms and conditions each time you choose to use the Services.

• "Services" - means any one or more of the offered Services by MYAC from time to time, including chat, text or Rewards and any other Service that MYAC may offer.


• "Member" - means a registered Member of MYAC. An Advertiser may also be a Member.


• "User" - means a user of MYAC Services including persons using The MYAC including debtors and creditors.


• "Site" - means the website known as " www.myac.co.nz or any website containing the letters " MYAC " as may be presently registered by MYAC as a domain name at the date of this Agreement or may be registered by the MYAC from time to time.


• "Sufficient fund" - this is an amount equivalent to the amount that of a bill or invoice that a debtor posses within its nominated bank account once the debtor processes by clicking the “Pay” button to make payment towards a bill or invoice to any Creditor within the MYAC system.


• "Advertiser" - means any party who advertises for sale and goods or Services on the Site and may include an individual or a corporate entity. A Member may also be an Advertiser.


• "we" , "us" and "our" - are a reference to MYAC Group.


• "you" and "your" - are a reference to you.


• "Webpage" - means the home page in the website known as "www.myac.co.nz".


• "Account" - means a working and paid account used by Businesses.


• "Merchants" - means a Creditor that may upload an invoice to you from time to time.


• "Bill / Invoice" - means amounts that are due by you to any Creditor.


• "I" - means me and myself as a Debtor or a Creditor.
  

MYAC provides a venue for Creditors to upload bills to their Debtors, and allows debtors to view the bills and make payments towards a bill or plurality of bills, at the discretion of the Debtors. MYAC facilitates the bill payments by debiting the amounts from the Debtors Bank Account and Crediting the Creditors Bank Account for the sum the Debtor initiates payment for. MYAC also pays Rewards in Cash to its Debtors.

• MYAC does not take any part in the sale of Services or items other than by providing our web site as a venue for Members, Debtors and Creditors. We do not act as agent for either party and do not participate in any transaction between you and other Members, this may change from time to time.
  

You may search the MYAC database for businesses contact information. You may also use the MYAC to collect Rewards, Register your personal details and create your account, login and view your account balances and transactions reports, bills, history of bills and payment records.

• You are responsible for complying with all laws applicable to the content you submit via the MYAC Service. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.
  

• MYAC does not control the content posted by third parties via the MYAC Service, and does not guarantee the accuracy, integrity or quality of such content.
  

• You acknowledge that by using the MYAC Service you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will MYAC and or www.myac.co.nz, MYAC, be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
  

All transactions and other contact between you and other Members and or Advertisers and Merchants are conducted entirely at your own risk. You agree that MYAC takes no responsibility or liability for any misconduct or breach of these terms and conditions by any of its Members or Advertisers and Merchants including, without limitation, Members or Advertisers and Merchants that have made false registrations or who attempt to defraud or defame you or otherwise waste your time. MYAC gives no undertakings,representations, or warranties in relation to products or Services sold or listed on the web site, including and not limiting to the accuracy or truth of listings, the identity of any of the Advertisers or Members, or that any product or Service listed will meet your requirements or expectations or whether or not you can complete a transaction. You expressly acknowledge and accept that MYAC makes no warranties that its Service will meet your requirements, Service will be uninterrupted, timely, secure or error-free, or that results that may be obtained from the use of the Service will be accurate or reliable, or quality of any products, Services, information or other material obtained by you through the Service will meet your expectations; and or that any errors in the software will be corrected. Any material downloaded or otherwise obtained though the use of the Service is assessed at your own discretion and your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. Unless specified otherwise, we do not take any part in the sale or purchase of goods or Services other than by providing this Site as a venue for advertisers and people who wish to buy and sell goods and Services and Debtors that wish to register and use an account to view their Reward Balances.

• We will take reasonable care to ensure that information provided through the Services is accurate, reliable, adequate, complete and current but we cannot and do not represent or warrant that this will always be the case
  

• We are not responsible for any information that does not originate directly from us, any links we provide to third party sites or information accessible from those sites or any loss or damage arising from your use of the Services;
  

• We do not Ensure that the information you access or find available through using the Services will be private or secure or free from viruses or other harmful effects, nor do we ensure that the invoices provided to you by your Creditor is true, correct or accurate.
  

a) You expressly agree that, the use of the Services is at your risk and no responsibility for risk is taken by MYAC whatsoever. The web site and Services are provided only on an "as is" and "as available" basis. To the maximum extent permitted by law, MYAC disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

b) MYAC does not warrant that its Services will be uninterrupted, timely, secure, or error free, or any information provided on the Site is correct, error-free or reliable. The Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers, but not limited to Cash Rewards. The fact that an advertisement is placed on the Site does not constitute MYAC's recommendation or endorsement of the advertised product or Service.

4.4 Limitation of Liability:

To the maximum extent permitted by law, any and all liability of MYAC which arises in connection with these terms and conditions, or in connection with the, the Site, another Member's OR Advertisers acts or omissions, or your use of or inability to use, the Services or the Site is excluded. Furthermore, MYAC's liability is excluded in respect of any incidental, punitive, and consequential damages, whether direct or indirect, including, without limitation, loss of data, business interruption, loss of business loss of profits or loss of Rewards or anticipated savings, general and special damages, and consequential or incidental loss.

4.5 Indemnity :

You fully agree to indemnify MYAC and keep MYAC indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses, damages, liabilities or demands suffered or incurred by MYAC arising out of or in connection with your failure to comply with these terms and conditions, - including any failure by you to complete a transaction or which relates to your use of MYAC service such as Rewards in Cash or chat on the Site, and text messaging or arising out of any content on site.

• On any default or failure by you to observe and perform any of the covenants terms and conditions of these Terms you will forthwith on demand by MYAC and pay to MYAC and make good all losses and expenses sustained or incurred by MYAC by reason of or in consequence of any such breach, default or failure by you.
  

If you breach these terms and conditions or where MYAC considers it appropriate, MYAC may (without warning or any explanation whatsoever) may take action to suspend or terminate your Membership, limit your activities on the web site or warn other Members of your actions. MYAC may exercise any other rights and remedies available to it under these terms and conditions or otherwise available.

You may only register as a Member or become an Advertiser if you can form a legally binding contract that is enforceable against you. By registering as a User or Member or becoming an Advertiser, you warrant that you can form a legally binding contract and you acknowledge that by becoming a User or Member or Advertiser, you are contractually bound by these terms and conditions.

You warrant that the information provided when you registered was and remains complete and accurate. You must maintain and update your personal information held by MYAC to ensure it is current at all times. You must not register multiple identities or use another person's names and personal details (whether false or not). MYAC may phone or mail you to verify these details and contact third parties for verification.

MYAC reserves the right to decline to register or to terminate your Membership without providing you with any warning whatsoever or entering into discussions with you. By way of example and no limitation, MYAC may terminate your Membership if a serious complaint is received about you from another Member or Members or Advertisers or debtors, and finds you in breach of its terms and conditions (regardless of whether you were aware that you were breaching these terms and conditions at the time of the breach). MYAC, at its sole discretion, can deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

MYAC reserves the right to decline to register or to terminate your Account without providing you with any warning whatsoever or entering into discussions with you. By way of example and no limitation, MYAC may terminate your account if a serious complaint is received about you from another Member or Members or Advertisers or debtors, and finds you in breach of its terms and conditions (regardless of whether you were aware that you were breaching these terms and conditions at the time of the breach). MYAC, at its sole discretion, can deem your behavior to be unacceptable. Upon any such termination MYAC will retain any fees paid. Any fees paid is non-refundable. Any amount owing to MYAC will be collected and all collection fee will be payable including interest.

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree, not to permit any other person to use your user name or Membership OR account; and not to disclose your password, or any information to any other person that may allow them to use your Membership. You agree to indemnify MYAC of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end or each session.

d) You must not attempt to interfere with or harm the Site or Services, or any network, or system underlying or connected to them. You may not modify, adapt, translate or reverse engineer any portion of the Site.

g) You may not collect any information about other debtors or Members (including usernames and/or email address) for any purpose other than to solicit and share reviews with other MYAC debtors or Members

h) You must not create or transmit unwanted electronic communications such as "spam" to other debtors or Members or Advertisers or account holders, otherwise interfere with other user's or Member's or Advertiser's enjoyment of the Site

Upon registering an account with MYAC, you accept and authorise MYAC and grant MYAC the absolute power to allow, disallow, change, add, delete or modify any keyword and or keywords at its own discretion at any time. All keywords have to be directly relative to your products and services that your account provides. Abuse of keywords can result in your account being terminated or suspended without notice.

6.2.1 In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Advertisers express warranty, the truth of which is essential that the material does not contain anything:

a) that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.

b) that is defamatory or indecent or which otherwise offends against generally accepted community standards.

c) that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.

d) that breaches any right of privacy or confidentiality

e) that breaches any provision of any statute, regulation, by-law or other rule or law, and

6.2.2 That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. ("ASA") and with every other code or industry standard relating to advertising in New Zealand, and

6.2.4 The Advertiser agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.

6.2.10 Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Advertiser. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.

6.2.12 Advertising placed by Advertisers who are not New Zealand residents will be exempt for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals. Where we cannot ascertain the tax residency status for you, we may charge GST.

6.2.13 The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Advertiser acquires, or holds himself out as acquiring, goods or Services from us for the purpose of a business or for any user.

6.2.14 We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.

• Japanese Tozo


• Brazillian Fila


• American Pitbull


• Argentinian Dogo

• Sex, including pregnancy


• Ethnic or national origins


• Employment status


• Sexual orientation


• Religious beliefs


• Political opinion


• Family status


• Marital status


• Ethical beliefs


• Disability


• Color


• Race


• Age

• 'Married man required'


• 'Unmarried mother'


• 'De facto couples only'


• 'No queers'


• 'Straights only'


• 'No Maoris'


• 'Single applicants only'


• 'New Zealanders only'


• The use of: 'he, she, male, female, girl, boy, woman, man'


• 'No children'


• 'No gays'

8. No Guarantees or Endorsements of sites or Services linked to MYAC or that MYAC links to. Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or Services referred to on those other sites or otherwise posted on this website, unless specifically stated.

• Communicate and deal with sellers and buyers and users directly to complete transactions or resolve problems arising from them, but please use caution, common sense and practice safe trading when doing so;
  
• Only create links from this website to external websites where you are entitled to do so and the creation of the link does not otherwise breach these terms; and
  
• Only create links from external websites to the website with our prior written permission.
  
• We encourage you to review the terms and conditions of websites you chose to link to from this website. We are not responsible for the terms and conditions or other information posted or collected via those websites.
  
• MYAC is not responsible for the copyright compliance of any linked site. MYAC will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party Service provided by any third party.
  
• You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or Services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertisers website and executing the relevant transaction. Such offers are not made by MYAC, and the third party advertiser is solely responsible to you for the delivery of any goods or Services you purchase on the third party website.
  
• MYAC gives no guarantee to you of the continued availability of any particular job, home or motor vehicle or any products and or service whatsoever advertised on the Site and will not be liable to you should an advertiser have filled the vacancy or sold the particular item advertised at any time prior to removal of the advertisement from the Site.
  
  

• End (stop providing), suspend or restrict your access to any Service if you do not meet any responsibility you have to us;
  
• Terminate OR suspend the operation of the website and/or the Services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work or to update content), permanently if we decide to stop providing a particular Service.
  
• Change the format and content of this Site and/or products or Services offered at this website including adding other levels of enhanced listings, displayed advertisings and the order of enhanced listings to the Service. All rewards are paid at the discretion of MYAC, and you agree that any Rewards paid remain the property of MYAC and any rewards held by MYAC remains the property of MYAC until such time as its redeemed. All MYAC Rewards remain the property of MYAC, and MYAC reserves the rights to cancel or terminate any reward, Merchant Account, Members Account or users or listings at its discretion at any time.
  
• Place any Reward or portion of Reward on hold for a period, or expire or withdraw any Reward or portion of Reward at its sole discretion. This could apply to Rewards already given out to Debtors, but remain unclaimed or unredeemed. MYAC holds no responsibility or any liability whatsoever in case Rewards are placed on hold or expired or withdrawn. By accepting Cash Rewards from MYAC, a User agrees that MYAC can withdraw that Reward or expire that Reward or portion of that Reward should MYAC feel the need to do so at any time on Rewards unredeemed. MYAC encourages Debtors to redeem Rewards regularly. Debtors can redeem their Rewards by paying bills online.
  
• This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
  
  

10.1 System Integrity:

MYAC will use its reasonable endeavors to ensure that the Site and Services, are always available, subject to any downtime required for maintenance. MYAC will endeavor to provide advance notice of planned maintenance; However, MYAC takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the or Services being unavailable. Further, MYAC assumes no responsibility for the corruption of any data or information held by MYAC.

MYAC is not a party to any transaction between you and another Member or Advertiser accordingly, you agree not to involve, or attempt to involve, MYAC in any dispute or in the resolution of any disputes that arise between you and another Member or Advertiser as a result of the Services provided.

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force at all times.

MYAC owns all proprietary and intellectual property rights in the Site except that which is provided by advertisers (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Site. You may not without our prior written permission, in any form or by any means:

c) Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in MYAC's site. No logo, graphic or image from the MYAC site may be copies or retransmitted unless expressly permitted in writing by MYAC. Do not upload or copy any material unless you have the right or appropriate consent to do so;

10.7 Specific Agreement will prevail:

Where an Advertiser or user has entered into an agreement with MYAC ("Specific Agreement") then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.

10.8 Entire Agreement:

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

10.9 Privacy:

Without limiting our Privacy Policy you agree that MYAC may use personal information collected from you to assist us to provide the Services to you, to verify your identity, for promoting and marketing purposes. MYAC does not allow third parties to access your personal information without your consent, however you agree that MYAC may disclose your personal information to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of our privacy policy. You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate.

All payments in relation to any subscription and or any purchase from MYAC, must be made via our online services provided, eg, Credit Card Transactions. Payments can also be made via automated bank deposits, where prior arrangements have been made and MYAC supplies you with its account number. We do not accept payment through our Sales Persons, and will not be responsible for the payment should it not reach its destination.

Bonuses are extra Cash Rewards given to Members and users upon bill payments. Bonuses are given over and above the normal rewards available at the time. These are given at the discretion of MYAC periodically to chosen Members and users. MYAC reserves the rights to withdraw any unused bonus, change or edit any bonus amount, or change any rules surrounding it at its sole discretion. MYAC reserves the right to substitute any unused reward with a new reward at its discretion at any time.

I confirm that I will have sufficient funds within my nominated bank account during any bill payment I pay or process using the MYAC system. I agree that should there be any dishonors for any reason, I will be indebted to MYAC for the sum of that unpaid bill or invoice, and any fee imposed on me due to insufficient funds, including any future collection fees.

For the purposes of funds processing, during registration MYAC requires me to provide my personal accurate Bank Account number, that belongs to me, and I have full signing authority over it, and that I have all required authority to engage my Bank Account with MYAC for the purposes of paying your bills online. I must also provide proof of this at the time of registration or before using my MYAC account. I allow full authority to MYAC to verify this with my Bank. I must only use my Bank Account that I can pay bills from and not a Bank Account that may have Term Deposits or funds that are locked for extended periods or compulsory savings accounts. Everytime I make a payment or pay a bill using MYAC, I will ensure there is sufficient funds within my Bank Account to cover the bill payment and authorize MYAC to deduct and transfer the said amount to my said Creditor, without any cost to me. I also understand that using a Bank Account that does not belong to me, and linking it to MYAC for bill payments, is illegal.

MyAc Terms Of Use

You must be at least eighteen (18) years old or the age of majority in your jurisdication to use and participate within MYAC. If you wish to have an account, you must provide current, accurate, and complete information about yourself during the account registration process. By joining MYAC, you expressly agree to be bound by the Terms and Conditions as entered into by and between MYAC and you. You are responsible for maintaining the confidentiality of our password and account, and assume all liabilities and resonsibilities for any and all activities that occur under your account. You must maintain and promptly update any account information provided to MYAC in order to keep such informaiton up to date, accurate and complete. MYAC requires that you provide personal information, the decision to provide personal information is voluntary. However, in order to register for an ccount with MYAC, you must provide personal information. By providing your personal information to MYAC, you consent to the collection, processing and storage by MYAC of your personal information in accordance with the terms of MYAC Privacy Policy. For the purposes of funds processing, during registration MYAC requires you to provide your personal accurate Bank Account number, that belogs to you, and you have full signing authority over it, and that you have all required powers to engage your Bnak Account with MYAC for the purposes of paying your bills online.

Ownership of your account relies with you. Any payments made using your account is your responsibility. you must not allow anyone other than yourself to use your account for any purposes whatsoever. Any activity on your acount will be deemed your action at all times.

• keep any record of it


• write it down


• disclose it to any person, including family members or those in apparent authority, including MYAC staff


• negligently or recklessly disclose it by, for example, failing to take reasonable care when keying it in to prevent others from identifying it.
  

For the purposes of funds processing, during registration MYAC requires me to provide my personal accurate Bank Account number, that belongs to me, and I have full signing authority over it, and that I have all required authority to engage my Bank Account with MYAC for the purposes of paying your bills online. I must also provide proof of this at the time of registration or before using my MYAC account. I allow full authority to MYAC to verfiy this with my Bank. I must only use my Bnak Account that I can pay bills from and not a Bnak Account that may have Term Deposits or funds that are locked for extended periords or compulsory savings accounts. Everytime I make a payments or pay a bill using MYAC, i will ensure there is sufficient funds within my Bank Account to cover the bill payment and authorize MYAC to deduct and transfer the said amount to my said Creditor, without any cost to me. I also understand that using a Bank Account that does not belog to me, and linking it to MYAC for bill payments, is illegal.

All Liabilities regarding your account lie solely with you. If you agree with a merchant/Creditor that an amount will be debited against your account on a regular basis, or make a bill payment then you are lianle for meeting those transaction amounts even if you close your account. You must ensure funds are available at all times, to cover any bill payments that you may make using MYAC. In certain circumstances your agreement with the marchant may authorise the debiting of your account with additonal purchase amounts without the need for your signature. Provided these amounts have been incurred under the terms of that agreement they maay be charged to your account. If you think a transaction shown on your statement is incorrect, you can dispute it, provided you notify us in writing within 7 days of the that transaction processed date.

You are responsible for checking your statments to ensure their accuracy and adivsing us of any mistakes., all statments are provided to you online in real time. If you do not notify us of a diputed transaction within the time period stated below then the charge or record of the transaction will remain on your acount. If you wish to dispute any transaction recorded in your statement, you must notify us in writing within 15 days of the transaction processed date, giving the following information:

• Your name and account details


• The amount and nature of the disputed traansaction, attaching (if available) a copy of the transaction record or invoice in support of your case


• details of the website (if any) through which the disputed transaction was initiated.


• the date and approximate time (if known) on which the disputed transaction accurred,


• details of any formal complaint lodged with the police.
  

Once you have notified us of the disputed transaction we will investigate the matter and acknowledge your complaint within five days. Failure to report the incorrect, invaild or unarthorised transaction within 15 days will mean we cannot reverse the transaction and you will have to pay for it. Where it is established that an error did occur it will be corrected and you will be advised of any appropriate adjustments which will be made to your account in respect of any charges. If, as a result of our investigation, we believe the charge or transaction should remain, we will write to you setting out our reasons and service charge. Liability for transaction on closed accounts or insufficient funds processing a transaction on aan account which has been closed or, if it is open and there are insufficient funds or unavailable funds to permit the transaction, we will not be deemed in any way to have consented to that transaction, and you will be liable for that transaction amount and any charges added to you by your own Bank for dishonor charges.

Your bill payments can only be actioned and paid online by you using the MYAC site. You are responsible for any payments to your Creditors. All servies on MYAC are FREE for you as a debtor paying bills. When making any payment transactions using MYAC, you further authorise your Bank to process the amount that you wish to pay from your Bank Account to your Creditors Bank Account.

• selecting an unsuitable Password


• keeping a written record of a Password, or disclosing any Password, Customer Registraction Number or Action Number to any other person


• failing to take all reasonable steps to prevent disclosure to any other person when keying in a Paasword, Customer Registration Number or Account Number


• unreasonable dlay in notifying the MYAC of the actual or possible disclosure to any other person of your Password, Customer Registration Number or Account Number.
  

If you have promptly reported the actual or possible disclosure of your Password, Customer Registration Nmber or Account Number to MYAC, and changed your password, you are not liable for loss accurring after notification to the MYAC unless you have acted fraudulently or negligently.

The MYAC can make bill payments, other electronic payments, transfers of funds, or any other transaction in any order it wishes. If sufficient cleared funds are not available to meet a bill payments, the amount exceeds your transaction limit for your nominated account, there is a technical failure which prevents the MYAC from processing you instructions or the information given is incomplete or inaccurate, the MYAC can,in its absolute discreation, refuse to make the payment, and accepts no liability or responsibility for any refusal or omission to make a payment (subject to our obligation, if any under he Consumer Guarantees Act 1993). A fee may also be changed to your account from MYAC and your own Bank, if this occurs. The MYAC may, in itsabsolute discreation, also terminate your bill payments instruction, or reduse the amount for any reason and at any time whatsoever, without giving you notice (subject to our obligations, if any under the Consumer Guarantees Act 1993 and to the extent permitted by law).

You cannot cancel or change a bill payment once the MYAC hac issued an acceptance. Nor can you cancel other instructions once the MYAC has confirmed them or once a receipt number for a transaction , which is not a future dated bill payment, has been issued. However, in some circumstances you may be able to make a further instruction which will have the effect of altering a previous instruction.

In consideration of using MYAC services you have agreed and entered into an agreement as the Guarantor and personally Guarantee any liability to MYAC, the Guarantor jointly and severally guarantee all payments and all obligations due by the Member (you) to MYAC and agree to indemnify MYAC against any losses which it might suffer through entering into this Agreement with the Member. The Guarantor shall be liable as principal debtors. This Guarantee shall be a continuing Guarantee and shall continue in full force and effect as long as the Member continues using the MYAC services or the Member is indebted to MYAC in any amount.

In addition to these condtions of use, the MYAC services is subject to the conditions imposed from time to time by other financial instituations who are parties to any payment system or associated Bank Accounts.

MYAC reserves the right to vary these conditions of use. Any changes to these conditions of use will take effect at least 14 days after the date of notice. Notice will be given by:- email to your email address on record. The exercise of any power to vary an interest rate or fee is not a charge to these conditions of use for the purposes of this clause.

b) Treat others in the MYAC as you would expect them to treat you. Do not engage in personal attacks or any type of "flaming" of other users. Do not "troll," i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users.

d) Do not engage in disruptive activity in the Community, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.

e) Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or pubilcity, or any other applicable law unless you own or have rights to these materials.

g) Do not post any computer programs that caontain destructive features, such as viruses, worms or trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that mifgt disrupt online communication.

k) Do not attempt to gain unauthorized access to any portion of the MYAC Websites (as defined in the MYAC Terms and Conditions) or any other accounts, computer systems, or networks connected to the MYAC Websites, whether through hacking, password mining, or any other means.

l) While you may use the Community to provide supplemental information about your own business that might be of interest to other users (without spamming them), do not rely on the commercial purposes is soley at your own risk, and MYAC assumes no liability for such use.

m) Any space provided to you in the MYAC is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.

p) MYAC reserves the right to remove at any time, without notice, any contribution that violates these guidelines. MYAC also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any sub-community or all Community or site usage.

q) MYAC remainds you that some content and links on the Internet contain inappropriate material, such as malware or adult content that is not suitable for children or may be offensive to some users, such links are not to be made part of MYAC by you.

r) You are responsible for any actions you may take based on information or advice you recive while online. Use your own good judgment when evslusting information provided through the Community or any other communication service. The decision to share information or conduct transactions with anyone is your own: therefore conduct your own research prior to making decisions.

MyAc Online Agreement

A. White manages an online Payments and Banking Program (hereinafter called “Payments Programme”). White, using the Payments Program, rewards members of the public with Cash. White also allows Merchants to join its Payments Program and reward their Customers with Cash. White also supplies and manages Point of Sale products, and software development.

1.1 Agreement: The following documents form the Agreement between you and White and shall apply in the following order of precedence (the first listed having precedence in the event of any conflict over the second and so on):
(a) any variation notified to you in writing by White;
(b) the Signature Section;
(c) Information Update;
(d) the specific terms and conditions contained in any applicable Supplementary Schedule attached to these general terms and conditions;
(e) these general terms and conditions; and
(f) the Merchant Operating Guide;
(g) terms of use;
(h) terms and conditions online;

1.2 Acknowledgement: You acknowledge that you have read and understood all of the terms and conditions in each of the documents listed above and that White has recommended that you seek legal advice in relation to those documents;

4. The Member agrees that “Cash Reward + Admin Fee” is due and payable to White immediately, upon the Member Rewarding towards any Transaction or customer using any Myac Payments programme or any other means. In any event, notwithstanding any clause herein, when a Transaction is actioned by the Member or its debtor, that portion of Cash (Reward amount) + Admin Fee is immediately due and payable by the Member to White. The Member agrees and is liable to pay White for any extra services, extra travel costs, hardware supplies and Payments card supplies. All extra services will be at a cost of $60.00 + Gst per hour plus any travel costs. Any email services supplied to the member will be charged out at a cost of 40 cents per email. Any expense, cost incurred by White in recovering any outstanding monies including any recovery cost must be paid by the Member on a full indemnity basis. Interest of 24% will apply on any outstanding monies; The Member further agrees to pay Myac initial joining fee as agreed and ongoing subscription fee including any agreed transactional costs using Direct Debit facility.

6. During the term of this agreement, the Member agrees not to enter into any other Payments program or agreement or deal with any other Payments service provider acting in competition to White.The Member agrees that during or at the conclusion of this Agreement the Member will remain liable to pay White the full amount of any uncollected or unclaimed reward that it runs using the Payments Programme. The Member agrees that all Payments Transactions incur a Transaction fee that is due and payable as it falls due. Member grants White full authority to vary transaction fee charges periodically;

7. Term. The parties agree to a fixed term of 60 months. Term commencement date is date of signing this form; “Roll Over Term” means a term of sixty (60) months or that period during which the services have been used beyond the Term (whichever is the greater), which applies following the expiry of a Term as it applies to a Service;

7.1 This Agreement will continue for the Term. At the expiry of the Term this contract will automatically roll on for further Roll Over Terms of sixty (60) months;

7.2 If either party does not notify the other party in writing not less than sixty (60) days prior to the expiry of the Term, this Agreement will be deemed to be extended automatically for successive sixty (60) month periods (Terms) on each subsequent anniversary of the Commencement Date (each a subsequent term), (subject to effect on each subsequent anniversary of the Commencement Date by no less than 60 days’ prior written notice to the other party prior to the date of that anniversary);

8. No forbearance, indulgence or delay by either party in enforcing the provisions of this Agreement will prejudice or restrict the rights of that party, nor will any waiver of its rights operate as a waiver of any subsequent breach. No relaxation, indulgence or latitude which may be granted by White, should be construed as a waiver or abandonment of any of its rights under the contract. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: the validity or enforceability in that jurisdiction of any other provision of this Agreement. The Member agrees to promote the Payments throughout its Customer base, to every customer, and allow White access to its Customers for promotional purposes as per the White’s rules of trading program;

11. The Member confirms any personal information collected by White will be used only for the purposes of establishing the Members Credit worthiness and financial stability;

12. Severability; If any paragraph, or clause thereof, of these terms and conditions shall be held to be invalid or unenforceable in any jurisdiction in which these terms and conditions apply, then for such jurisdiction the meaning of such paragraph or clause shall be construed so as to render it enforceable to the extent feasible; and if no feasible interpretation would save such paragraph or clause, it shall be severed from these terms and conditions and the remainder shall remain in full force and effect, unless leaving the remainder in full force and effect would make the Agreement unjust;

13. Payments. The Member agrees that all payments made to it by White will be deemed paid and accepted unless the Member raised a query within 30 days of the payment being made. The Member agrees there will be no disputes raised on any transactions or payments after 30 days from the time of the transaction or payment processed. The Member agrees that White will supply transaction and payment reports online for 30 days from the time of any transaction or payment processed. The Member agrees that any archived records will be supplied at extra costs. The Member agrees there will be no disputes raised on any transactions or payments once the 30 day period elapse;

14. The Member agrees that in event where it should create a partnership or onsell its business, the member agrees to and will ensure that all the Members obligations to White is satisfied and ensures that the business sale or any merger will only take place with the new owner carrying on running the Payments Program within its rules of trading for the rest of its term;

15. Representation on Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

16. Consumer Guarantees Act: It is expressly acknowledged and agreed by you that White / Myac Payments Programme and the Documentation is supplied to you for business purposes and that the provisions of the Consumer Guarantees Act 1993 do not apply;

17. This Agreement does not convey to the Member any rights of ownership or any other right, title or interest in or to the White Limiteds / Whites products or services, and the parties shall not represent otherwise. The Member does not hold White Limited / White liable for any incidental, consequential, or any other indirect loss or damage, including lost profits or lost revenues, arising out of this agreement or any obligation resulting therefrom, or the use of performance of any service, whether in an action for or arising out of any cause whatsoever, regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise; this clause shall survive failure of an exclusive remedy;

18. No liability for lost profits: Without limiting any clause herein, White has no liability to you for any loss of business or profits, or for any other consequential loss, however arising as a result of any failure by White to perform any of its obligations under this Agreement;

19.1 White may vary Agreement: White may, at any time, vary any term or condition of this Agreement by notice to you in whatever form, and given in whatever manner, as White thinks appropriate and any such variation will take effect fourteen (14) days after the date that White gives that notice. You may not vary this Agreement unless in writing and agreed with White;

19.2 Changing Your Account: If, at any time, you wish to change the bank which is Your Bank, or the account which is Your Bank Account, you may do so by giving White at least seven (7) days’ prior written notice except where Your Account is required to be held with White for the purposes of this Agreement;

21. Intellectual Property Rights; You acknowledge that all rights to intellectual property contained in the Services and in Our Equipment (including any improvements or changes to any Service or to Our Equipment) belong to us or to our licensors or third party suppliers, and are retained by us when we provide the Services or Our Products to you. These intellectual property rights include, but are not limited to, all copyright, trade mark and design rights relating to the Services;

22. Force Majeure; Notwithstanding any other provision in this Agreement, neither party is liable to the other for failing to meet any of its obligations under this Agreement to the extent that the failure was caused by an act of God or other circumstance beyond that party’s reasonable control;

25. Time: Time shall be of the essence in respect of the performance by you of your obligations under this Agreement. However, if White fails to exercise, or delays in exercising, any right, power or remedy under this Agreement, it will not have, and will not be deemed to have, waived that power, right or remedy. Further, any single or partial exercise of a right, power or remedy by White shall not preclude any other, or further, exercise of that power, right or remedy, or any other power, right or remedy;

26. Entire agreement: This Agreement represents the entire agreement between White and you in respect of the matters to which it relates. You acknowledge that no collateral representations, warranties, or undertakings of any nature, whether oral or written, have been or will be given by White in respect of the matters to which this Agreement relates;

27. In consideration of White allowing the Member to access the Myac Payments Program and have space within its Database, and for its administrative and trade services to the Member, the Member agrees to pay the following fees to White;

28. Special Obligation;

28.1 The Member agrees that it will ensure each of its debtors using the Myac Payments Programme have signed a Myac Direct Debit Form supplied to it. The Member will retain the original and supply this to Myac upon request.

30.1 In any event, where a debtor (person paying a bill to the Member) processes a bill payment and fails to complete the transaction for any reason whatsoever, and in such event where Myac pays the Member in advance before receiving such funds from the debtor or the debtors Bank, the Member will be indebted to Myac for that amount, and will refund the said amount to Myac immediately via direct debit or any means possible. The Member agrees that any unpaid bill by the debtor, is a matter between the Member and its Debtor.

30.2 In any event, where a debtor (person paying a bill to the Member) processes a bill payment as a result of forgery, fraud or error the Member will return the said amount to Myac immediately upon the knowledge of such fraud or error, via direct debit or any means possible. The Member agrees that any unpaid bill by the debtor, is a matter between the Member and its Debtor.

31. General Limitation of Liability; Except as the same may be occasioned by the negligence of or by the wilful act, omission or default (whether amounting to an offence or otherwise) of Myac or its employees, servants, or agents, Myac shall be under no liability or responsibility whatsoever to the Member or a Debtor for or on account of mispostings, incorrect recordings or other errors in the processing or recording of data received for the purposes of this Agreement from Myac or Debtors in any form or on account of any loss of documents or data, unauthorised disclosure, delays, mis-applications, failure to provide information or failure in telecommunication facilities. This clause shall not limit or be limited by any other clause contained in this Agreement.

32. Suspension by Myac; Where Myac or Myac Agent considers, on reasonable grounds, that serious circumstances exist and that the principles of prudential Banking so require, Myac may, at any time and without prior notice to the Member, suspend the availability of the Service to the Member in respect of all or some of its services for such period or periods as Myac shall consider appropriate. Myac shall use its best endeavours to advise the Member by email. Myac shall not be obligated to settle any outstanding transactions effected during the period of any such suspension.